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HomeMy WebLinkAbout07/21/2009 Council Agenda PacketREGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, July 21, 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 -July 21, 2009 -Page 1 of 145 Agendas Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.marana.com, by linking to the Town Clerk page under Agendas, Minutes and Ordinances. For questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382- 1999, Monday through Friday from 8:00 a.m. to 5:00 p.m. Posted no later than Monday, July 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 COUNCIL MEETING CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue not already on tonight's agenda. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. Pursuant to the Arizona Open Meeting Law, at the conclusion of Call to the Public, individual members of the council may respond to criticism made by those who have addressed the Council, may ask staff to review the matter, or may ask that the matter be placed on a future agenda. PRESENTATIONS P l: Presentation: Relating to recapping the Town of Marana's July 4 Star Spangled Spectacular event at its new venue at Arizona Pavilions (Tom Ellis) P 2: Presentation: Relating to Committees, Boards and Commissions; appointment, selection and procedures (Deb Thalasitis) ANNOUNCEMENTS/UPDATES PROCLAMATIONS Drowning Impact Awareness Month MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER' S REPORT: SUMMARY OF CURRENT EVENTS STAFF REPORTS GENERAL ORDER OF BUSINESS CONSENT AGENDA Regular Council Meeting -July 21, 2009 -Page 2 of 145 The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion will approve all items on the Consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from the Consent agenda, and that issue will be discussed and voted upon separately, immediately following the Consent agenda. C 1: Resolution No. 2009-108: Relating to Real Estate; conditionally vacating and authorizing the Town Engineer to execute Quit Claim Deeds of Abandonment after the completion of the Camino de Manana /Dove Mountain Extension Project No. 2001-052 for a portion of Camino de Manana public right-of--way that will no longer be needed by the Town (Cedric Hay) C 2: Resolution No. 2009-109: Relating to Development; approving a release of assurances for The Pines Phase II and acceptance of public improvements for maintenance (Keith Brann) C 3: Resolution No. 2009-110: Relating to Development; approving the release of the private improvement agreements for the Preserve at Dove Mountain Phase III offsite improvements and acceptance of public improvements for maintenance; 2506 linear feet of roadway improvements located on Camino de Oeste north of Tangerine Road for maintenance (Keith Brann) C 4: Resolution No. 2009-111: Relating to Public Works; approving and authorizing the Mayor to execute an intergovernmental agreement between the Town of Marana, Pima County, and the Town of Oro Valley for the Design Concept Study of the Tangerine Road Improvement Project between I-10 and La Canada Drive (Scott Leska) C 5: Ordinance No. 2009.15: Relating to Parks and Recreation; amending Title 13 of the Marana Town Code, Section 13-1-3, to prohibit smoking within 25 feet of any athletic field, athletic facility or children's play area in Town parks; and establishing an effective date (Jane Fairall) C 6: Resolution No. 2009-112: Relating to Development; approving and authorizing a final plat for Dove Mountain Centre II (Kevin Kish) C 7: Resolution No. 2009-113: Relating to the Marana Regional Airport; repealing Marana Resolution No. 2004-129; and declaring an emergency (Gilbert Davidson) C 8: Resolution No. 2009-114: Relating to Development; approving a final plat for Sydney Place lots 1 through 4, and parcel "A," and authorizing the Mayor to sign the plat on behalf of the Town as landowner and approving body (Kevin Kish) C 9: Resolution No. 2009-115: Relating to Utilities; approving and adopting the Town of Marana Utilities Department Identity Theft Prevention Program; and declaring an emergency (Jane Fairall) C 10: Resolution No. 2009-116: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a Location Transfer of a No. 09 (Liquor Store) liquor license submitted by Randy Allen Guse on behalf of Walgreens #99521ocated at 12050 N. Dove Mountain Boulevard (Jocelyn C. Bronson) C 11: Resolution No. 2009-117: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a Person Transfer and Location Transfer of a No. 6 (Bar) liquor license submitted by Michael R. McMahon on behalf of The Ritz- Carlton Hotel at Dove Mountain located at 15000 Secret Springs Drive (Jocelyn C. Regular Council Meeting -July 21, 2009 -Page 3 of 145 Bronson) C 12: Resolution No. 2009-118: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a New No. 10 (Beer and wine Store) liquor license submitted by Kelly Paul Vaughan on behalf of Quiktrip #14561ocated at 5565 W. Cortaro Farms Road (Jocelyn C. Bronson) C 13: Resolution No. 2009-119: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a New No. 07 (Beer & Wine Bar) liquor license submitted by Ronald M. Parucki on behalf of Frys Marketplace #689, located at 12100 N. Thornydale Road (Jocelyn C. Bronson) C 14: Minutes of the June 23, 2009 special council meeting COUNCIL ACTION A 1: PUBLIC HEARING: Resolution No. 2009-120: Relating to Development; confirming the Marana Planning Commission's decision approving a significant land use change to allow the retail sales and rental of construction and farming equipment by the Earhart Equipment Corporation at 13968 North Adonis Road (Lisa Shafer) A 2: PUBLIC HEARING: Ordinance No. 2009.16: Relating to Development; approving a rezoning of approximately 4.8 acres of land from C (Large Lot Zone) to HI (Heavy Industrial) for the Marlund Co., L.L.C. on the east side of Breakers Road, approximately one-quarter mile south of Tangerine Road (Kevin Kish) A 3: Resolution No. 2009-121: Relating to Boards, Commissions and Committees; approving the appointment of Peggy Craig-Mackey to the Marana Public Safety Personnel Retirement System local board (Ed Honea) BOARD5, COMMISSIONS AND COMMITTEES ITEMS FOR DISCU5SION/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 Regular Council Meeting -July 21, 2009 -Page 4 of 145 FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion of what items to place on the agenda, if three or more council members request an item to be placed on the agenda, it must be placed upon the agenda for the second regular town council meeting after the date of the request (Marana Town Code, Title 2, Chapter 2-4, Section 2-4-2 B) ADJOURNMENT Regular Council Meeting -July 21, 2009 -Page 5 of 145 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, July 21, 2009, 7:00:00 PM To: Mayor and Council Item P 1 From: Tom Ellis ,Parks and Recreation Director Strategic Plan Focus Area: Commerce, Community Building, Recreation Strategic Plan Focus Area -Additional Information: The July 4 Star Spangled Spectacular is the largest community event that the Town hosts. This year's venue change to Arizona Pavilions was anticipated to produce a positive effect for the areas businesses, and so, commerce was added as a strategic plan focus area. Subject: Presentation: Relating to recapping the Town of Marana's July 4 Star Spangled Spectacular event at its new venue at Arizona Pavilions Discussion: The presentation is based on information gathered at the event post mortem scheduled Wednesday, July 15 at the Wheeler Taft Abbett Library at 10:00 a.m. for partners, and the traffic and security post mortem scheduled Thursday, July 16 at the P&R Office at 10:00 a.m. with traffic engineering and Marana Police. ATTACHMENTS: Natne: Description: Type: No Attachments Available Staff Recommendation: Suggested Motion: Regular Council Meeting -July 21, 2009 -Page 6 of 145 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, July 21, 2009, 7:00:00 PM To: Mayor and Council Item P 2 From: Deb Thalasitis ,Assistant Town Manager Strategic Plan Focus Area: Community Building, Progress and Innovation Subject: Presentation: Relating to Committees, Boards and Commissions; appointment, selection and procedures Discussion: A sub-committee composed of Council Members Comerford, McGorray and Ziegler were appointed by Mayor Honea to review the process and procedures for the appointment and operation of Council Advisory "Commissions" or CACs. Staff assistance was provided by Town Clerk Jocelyn Bronson, Assistant Town Attorney Cedric Hay and Assistant Town Manager Deb Thalasitis. As part of the review process, the council subcommittee discussed the purpose and originating authority of different town boards, commissions and committees and determined that there is different authority and purpose for some boards or commission that is distinct from "advisory" commissions or committees. Previous efforts to apply the same set of procedures to each and every board, commission or committee have created challenges in implementation. The attached matrix compares the key differences between CACs and the other boards and commissions in the town and summarizes recommendations for changes in key areas. In addition to the matrix, a draft set of procedures for CACs is included for the council's review. The presentation this evening will highlight the differences and recommended changes from the sub- committee which includes: 1. Changing the name Council Advisory Commission to Council Advisory Committee. 2. Distinguishing Council Advisory Committees from other boards and commissions that have separate legislative authority and procedures (i.e. Personnel Action Review Board, Planning and Zoning Commission, Board of Adjustment, Public Safety Personnel Retirement System Board (PSPRS) and the Marana Municipal Property Corporation (MMPC). 3. Reviewing procedures for Council Advisory Committees (draft attached) and seeking direction regarding adoption. 4. Reviewing changes to the Land Development Code that govern certain aspects of the Board of Adjustment and Planning and Zoning Commission, reviewing changes to the Personnel Policies and Procedures that govern the Personnel Action Review Board and seeking direction regarding adoption. ATTACHMENTS: Name: Description: T~~pe: ^ CAC Board and Commission comparison {0001571_6.1.pdf Matrix Camparisan of Committees, Bcards, Commissions Backup Material Regular Council Meeting -July 21, 2009 -Page 7 of 145 ~ CAC uploadj21.pdf GAG Procedures Backup Material Staff Recommendation: In anticipation of directoin from the full council, staff will return on August 4, 2009 with the following individual agenda items: 1. Consideration and adoption of changes to the Land Development Code for certain provisions governing the Planning and Zoning Commission and the Board of Adjustment. 2. Consideration of changes to Chapter Five of the Personnel Policies and Procedures for certain provisions governing the Personnel Action Review Board. 3. Consideration and adoption of changes to Title 2 of the Town of Marana Code governing committees, boards and commissions. 4. Consideration and adoption by resolution of Council Advisory Committee procedures. Suggested Motion: I move to direct staff to return on August 4, 2009 with the agenda items necessary to achieve the changes to committees, boards and commissions discussed this evening. Regular Council Meeting -July 21, 2009 -Page 8 of 145 COMPARISON OF KEY PROVISIONS OF TOWN OF MARANA COMMITTEES, BOARDS AND COMMISSIONS Council Advisory Personnel Action Planning and Zoning Public Safety Marana Municipal Item Commissions Review Board Commission Board of Adjustment Personnel Retirement Property Corporation CAC PARB P & Z System PSPRS MPC Authority Title 2 of the Marana Personnel Policies and Title 2 of the Towu of Title 2 of the Town of Arizona Revised Town of Marana Town Code, Sections 2- Procedures, adopted by Marana Land Marana Land Statutes Resolution 89-08 Clarification recommended to 6-2, 2-6-3, 2-6-4... ordinance or resolution Development Code Development Code A.R.S. § 38-841, et seq adopting Articles of CAC Recommendation: Recommendation: Recommendation: Recommendation: Recommendation: Incorporation change name from continue to retain continue to retain continue to retain required to retain Recommendation: "commission" to separate authority from separate authority from separate authority from separate authority as required to retain "committee;" Title 2 TOM Code Title 2 CAC TOM Code Title 2 CAC TOM Code Title 2 CAC governed by statute separate authority would apply only to procedures procedures procedures CACs (committees) and not other boards or commissions with se arate "authori Appointment Authority Simple majority vote of Simple majority vote of Appointed by the Mayor Appointed by the Mayor Appointed by the Mayor Appointed by the the Town Council the Town Council with the consent of the with the consent of the with the consent of the governing body of the No change recommended Town Council Town Council Town Council and two Town of Marana members elected by eligible PSPRS em to ees Removal Authority Member resignation or Member resignation or Member resignation or P Member resignation or Member resignation, Member resignation, automatic removal by simple majority vote of & Z recommend simple majority vote of Mayoral direction, death, or removal with Change recommended to CAC, chair for absence the Town Council for removal; removal the Town Council election or without cause by the PARB, P & Z, and Board of without prior excuse cause requires majority vote of Recommendation: governing body of the Adjustment from 3 or more Recommendation: the entire council Member resignation or Town of Marana consecutive meetings or Member resignation or Recommendation: simple majority vote of from more than one-half simple majority vote of Member resignation or Town Council, with or of the meetings in any Town Council, with or simple majority vote of without cause one calendar year without cause Town Council, with or Recommendation: without cause Member resignation or simple majority vote of the Town Council with {ood#g91U~5b~y~,ai nneenng - buy z~, zuua - Page a of Ana Council Advisory Personnel Action Planning and Zoning Public Safety Marana Municipal ltem Commissious Review Soard Commission Soard of Adjustment Personnel Retirement Property Corporation CAC PARB P & Z System PSPRS) MPC or without cause Regular Members Seven; four of which Three primary members Seven members from Seven members from Five members Five-member board of must reside or own a and three alternates among the qualified among town residents consisting of the Mayor directors who are town Change recommended to CAC, business in Marana Recommendation: electors or designee as approved residents PARB and P & Z Recommendation: Five regular members, Recommendation: by Council, two PSPRS- add the criteria of "or three of whom are Seven members from eligible employees own property in selected randomly for among town residents elected by their peers Marana" each case and two citizens selected by the Mayor with the a royal of the Council Alternate Members Up to two Three alternates None None None None Recommendation: Recommendation: Recommend change to CAC and No limits to provide No alternates; five PARB opportunity to all who regular members, three apply and for greater of whom are selected flexibility randomly for each case Terms Four year terms, except Two primary and two Six year terms Four year terms Four year terms Four year terms Recommend change to PARB for initial appointment alternates serve three Recommendation: and P & Z for consistency of a new CAC, then year terms; one primary four year terms staggered two/four years and one alternate serve among members two-year terms Recommendation: Four-year terms, except that for two members, initial term will be two years to provide for sta ered ternis Term-limits Maximum of three No PARB members No term-limits No term-limits No term-limits No term-limits Recommend change to CAC and consecutive terms shall serve more than 6 PARB Recommendation: years no term limits Recommendation: no term-limits Service on multiple CACs and other No service on any other No service on any other No limits on concurrent No limits on concurrent No limits on concurrent No limits on concurrent boards and commission committee, board or committee, board or service service service; overned b service; overned b ;000Ig'~~~~~}~cil Meeting - Juty 21, 2009 -Page 10 of 145 Council Advisory Personnel Action Planning and Zoning Public Safety Marana Municipal Item Commissions Review Board Commission Board of Adjustment Personnel Retirement Property Corporation CAC PARB P & Z S stem PSPRS MPC commission commission Recommendation: Recommendation: A.R.S. Articles of Incorporation Recommend change/clarification Recommendation: Recommendation: May serve on one Board May serve on one Board May only serve on one May only serve on one or Commission and one or Commission and one CAC concurrently, but CAC' concurrently, but CAC concurrently CAC concurrently may serve on one other may serve on one other "board" or "board" or "commission" "commission" concurrent) concurrent) Appointment Process Public announcement of Public announcement of Public announcement of Public announcement of Council appointee is the Public announcement of vacancy at any time of vacancy; appointment as vacancy; appointment as vacancy; appointment as Mayor or designee vacancy; appointment Recommend Streamlining the year; interested vacancy occurs vacancy occurs vacancy occurs subject to consent of the by governing body Process for CAC and to follow parties complete Recommendation: Recommendation: Recommendation: Town Council TOM as vacancy occurs CAC time-lines to the extent application form As a practice align with As a practice align with As a practice align with Recommendation: possible for PARB, P & Z, Board Recommendation: CAC appointment CAC appointment CAC. appointment As a practice align with of Adjustment and MPC appointment process process when possible process when possible process when possible CAC appointment appointments conducted 2 times each process when possible year (January and July); accept letters of interest ear-round Selection Process Managed by the Town Managed by the Town Managed by the Town Managed by the Town Council representative As manner of practice, Clerk; Town Manager or Clerk; Clerk; Clerk; and appointment of two managed by the Town Recommend review of applicants designee reviews Recommendation: Recommendation: Recommendation: additional members by Clerk; by the Council directly for all applications and makes Managed by the Town Managed by the Town Managed by the Town the Mayor, subject to the Recommendation: except PSPRS Board recommendations to the Clerk, all applications Clerk, all applications Clerk, all applications consent of the Council; Managed by the Town town council referred directly to the referred directly to the referred directly to the election of two PSPRS Clerk, all applications Recommendation: Town Council Town Council Town Council eligible employees by referred directly to the Managed by the Town the PSPRS eligible governing body of the Clerk, all applications members TOM referred directly to the Town Council Officers and Selection Chair and secretary Chair and Vice-Chair Chair and Vice-chair Chair and vice-chair Mayor or Mayor's President, Vice- selected/rotated each selected at first meeting selected by the selected by the Board designee serves as chair President and Secretary- Recommend change to CAC July and each year thereafter Commission; no term membership for atwo- Treasurer elected by the Recommendation: limits for offices year term; no term limits Board of Directors at Officers selected in for offices annual meetin {ood#g9fk~itif9~'Gi Meeting - jury ei, ~uua - rage ~ ~ or ~4~ Council Advisory Personnel Action Planning and Zoning Public Safety Marana Municipal Item Commissions Review Board Commission'; Board of Adjustment Personnel Retirement Property Corporation CAC) PARB P & Z System PSPRS MPC February; committee member shall not serve consecutive terms in any office; Attendance Absence excused with ? Established by Planning Generally follows Adopted Public Safety None prior notification; commission By-laws Planning and Zoning Personnel Retirement Recommend change to CAC cannot have three or and Administrative Commission's practice System Model Uniform more unexcused Rules of Procedure; Rules of Local Board absences or miss more recommendation to Procedure, created than half of the meetings Town Council for pursuant to A.R. S. within a calendar year or removal may be made 38-847(F) member is removed by upon majority vote of the chair the Commission after Recommendation: three consecutive Town Council to receive absences meeting attendance records quarterly; Town Council only has removal authority if not voluntary resignation; implement Leave of Absence rovision Leave of Absence Recommendation: Members may ask to be None; regular None; regular None, meetings are held None; "A majority of Member is required to excused from serving on attendance is important attendance is important as needed and at least the then members of the Recommend change to CAC take Leave of Absence a specific appeal hearing due to complexity of due to complexity of once annually Board of Directors shall upon declaring due to extenuating issues; may be excused issues; may be excused constitute a quorum" candidacy for council or personal circumstances from hearing specific from hearing specific mayoral office; LOA or unavailability issues due to conflict of issues due to conflict of continues until member interest interest is no longer a candidate; member resigns from CAC upon election; Member may also request LOA for up to 3 months for medical or {OOUIg'~IbtiO~y}~~I Meeting -July 21, 2009 -Page 12 of 145 Council Advisory Personnel Action Planning and Zoning Public Safety MaCRna Municipal Item Commissions Review Board Commission Board of Adjustment Personnel Retirement Property Corporation CAC PARB & Z S stem PSPRS MPC personal reasons; request submitted to the' Town Clerk By-laws Follow CAC handbook, Procedures are governed Adopts rules for its own Follows the P&Z Allowed to adopt By- Adopts By-laws which _ may adopt by-laws by Personnel Policies organization and for Bylaws and may adopt laws as provided by are approved by the Recommend change to CAC Recommendation: and Procedures, adopted transaction of business Rules of Procedure A.R.S. governing body of the Council adopts CAC by the Town Council by that are not in conflict Town of Marana procedures by ordinance or resolution with Town Code, resolution, no separate Ordinances, or A.R.S. by-laws or rules of rocedure Meetings Regular meetings one Meetings as established Meetings established by Meetings established by Meetings established by Meetings established by time per month; chair by the Personnel By-laws Rules of Procedure A.R.S., Uniform Rules By-laws; one regular Recommend change to CAC may cancel meetings; Policies and Procedures of Procedure as hearings annual meeting; special meeting notices posted at least once a year and are requested meetings may be called by Town Clerk as needed for appeal by the President or any Recommendation: hearings director regular meetings one time per month; meeting date and time and changes thereto, including cancellation to be placed on agenda and approved by simple ma'orit vote; Agendas Agendas posted in Hearings driven by Application driven with Application driven; Hearings driven by Secretary or President advance by the town employee appeals of input allowed from prepared by Town Staff eligible PSPRS provides written notice Recommend change to CAC clerk; chair and staff eligible personnel membership; agenda employee requests for of meetings 10 days in liaison set agenda actions prepared by Town staff matters coming before advance to the Town Recommendation: the Board Clerk CAC members may request future agenda items; implement "a enda" tem late Meetin minutes CAC secreta or town Provided b Personnel Town Plannin Town Plannin Town Police Secreta kee s ,ood#g~1~5b~'f}'G~ nneenng - jury ~~, zuua -rage ~3 of ~aa Council'Advisory Personnel Action Planning and Zoning Public Safety Marana Municipal Item Commissions Review. Board Commission Board of Adjustment Personnel Retirement Property Corporation CAC PARB P & Z S stem PSPRS MPC clerical/administrative Policies and Procedures, clerical/administrative clerical/administrative clerical/administrative minutes; provides Recommend change to CAC staff takes minutes; Human Resources staff serve as Clerk to staff serve as Clerk to staff serve as secretary notices; serves as Town Clerk posts Director Serves as the Commission the Board to the Board custodian of corporate Recommendation: secretary to the PARB; records CAC secretary takes minutes forwarded to summary minutes using the Town Clerk "minutes" tem late Staff Liaison Ex-officio, non-voting Staff does not serve Staff are not members; Staff are not members; Two PSPRS-eligible Staff are not members member of CAC serve as support to P serve as support to employees serve as &Z; attend meetings; Board; attend meetings; members on the Board, includes the Planning includes the Planning but there is no staff Director and other town Director and other town liaison staff as needed staff as needed Council Liaison Ex-officio, non-voting Council does not serve One Ex-Officio member Council does not serve Mayor or designee as Staff are not members member of CAC chosen from the council approved by Council Recommend change to P & Z Recommendation: serves as full member this has not been used on the Board and recommend elimination to be consistent with other boards and commissions Principled- and Ethics Centered Recommendation: Recommendation: Recommendation: Recommendation: Governed by A.R.S. and Governed by Articles of Governance Add language that these Add language that these Add language that these Add language that these Model Uniform Rules of Incorporation and By- policies shall be policies shall be policies shall be policies shall be Local Board Procedure laws followed followed followed followed {001{~~~l~o~y~cil Meeting -July 21, 2D09 -Page 14 of 145 Council Advisory Committees ~cac~ Procedures Adopted.• August XX, 2009 Regular Council Meeting -July 21, 2009 -Page 15 of 145 Council Advisory Committee (CAC) Procedures Purpose Council Advisory Committees (CACs) are created to provide a consistent and inviting community forum for the public to hear about and provide comments on topics and issues that help guide town programs and strategic objectives. The Town Council appoints citizens to the CACs who demonstrate a commitment and ongoing interest in the Marana community. CACs are governed by Title 2 of the Town Code and these policies and procedures which are adopted by resolution of the Town Council. Council Advisory Committees to not include boards or commissions established by separate Town of Marana ordinances or Arizona Revised Statutes. Separately established boards or commissions include the Planning and Zoning Commission, the Board of Adjustment, the Personnel Action Review Board (PARB), the Public Safety Personnel Retirement System (PSPRS) Board, the Marana Municipal Property Corporation and others that may be created by the council from time to time. CACs support specific departments, programs or functions of the town such as parks and recreation, economic development, police, and affordable housing, to name a few. Members are charged with encouraging, gathering and assimilating public comments on a range of topics affecting the committee's assigned area. These comments are assembled and considered by a committee when formulating recommendations to the Town Council as input into the council's legislative decision-making process. While the concerns, insights and discussions relayed by a CAC to the council are key components in the deliberative process, CACs do not make, establish or interpret.''polcies, ordinances or laws or direct the work of town staff. Estab/ishin,~A Legis/ato Title 2, Chapter 2-6 of the Marana Town Code establishes the application, recommendation, appointment, removal and terms of office for CACs. The intention of this document is to more specifically address these processes as well as to define the procedures of a CAC. Regul~~~ic~Nl~li~g~3~1y~~09 -Page 16 of 145 Page 2 Council Advisory Committee (CAC) Procedures Membership A simple majority vote of the Marana Town Council shall be required to appoint, reappoint, or remove a CAC member or alternate member, unless a member or alternate member voluntarily resigns: from service on a CAC. Each individual CAC shall include seven members and designated alternates. At least four of the members shall reside, own property, or have their primary place of business within the Town of Marana. Qualified committee members living or maintaining a place of business outside of the town limits may be considered for membership for up to three of the remaining positions on a CAC. Residency requirements for alternate positions shall be based on the need at the time of appointment to maintain the residency requirements noted above for four regular committee positions. Members and alternates of a CAC shall be appointed,by the Mayor and Town Council for four-year terms, except that the initial term of office for newly established committees shall be staggered so that the terms of no more than a simple majority of members ends every two years. Term lengths of committee members of newly established committees shall be determined by a random drawing of the names of members appointed by the Town Council. The first four names of members drawn shall serve afour-year term and the remaining three members shall serve atwo-year term. Alternate members shall serve four-year terms unless'they are appointed to a regular committee position, after which the alternate shall serve out the remaining term of the vacant committee position being filled. CAC members may serve on only one committee concurrently. Service on other Town of Marana boards or commissions is governed by the authority creating those other entities. A~v~v/ication/Apaointment/Resignation Process Application Process -The Town Clerk, under the direction of the Town Manager, shall be responsible for managing the recruitment and application process, developing forms and maintaining records. Prospective CAC members may submit letters of interest at any time, however formal appointments will occur up to two times each year. The Town Clerk shall keep letters of interest on file for up to one year and shall notify individuals when a formal application process is announced. The formal application process shall, at a minimum, include advertisement of vacancies on the town's web site for a period of not less than five business days. All prospective new CAC members and alternates must complete a Regul~~~ic~M~li~g~~~ly~(~09 -Page 17 of 145 Page 3 Council Advisory Committee (CAC) Procedures Town of Marana CAC application form which must be received in the Town Clerk's Office by any stated deadline. Current CAC members may reapply for appointment by submitting a letter of interest during the application period. Applications will be kept on file one year from the date an application is received. ~pointment Process -The Town Clerk will forward all qualified applications to the Town Council. The Town Council may elect to interview candidates, either in open or executive session, or directly appoint candidates without an interview. The Town Clerk shall notify candidates in writing of all interview dates and times. The Town Council shall appoint and/or reappoint candidates by a simple majority vote. The Town Clerk is responsible for preparing and placing the appointment of CAC members on the Town Council's meeting agenda. The Town Council expects to make appointments in January and July of each year. Reappointment - A CAC member may request reappointment in writing, but shall not be required to fill out a new application form. The written request must affirm that the CAC member continues to meet the residency requirement by providing the qualifying address. Consideration for reappointments will occur at the same time that regular appointments are considered (above). Resignation - If a CAC member chooses to resign his/her position on the CAC, a written letter of resignation should be sent to the attention of the Town Clerk' at: 11555 West Civic Center Drive, Marana, Arizona, 85653. The Town Clerk will take the appropriate steps to notify the Town Council and begin the process to appoint an alternate and/or to fill the vacancy. Committee Operating Procedures Selection of Officers -Each CAC shall have a chair and secretary. The chair and secretary will be selected by simple majority vote once each year at the.. first regularly scheduled meeting in February, provided a quorum is present, or at the first meeting immediately thereafter where a quorum is present. Officers shall assume the office at the next committee meeting following the selection. The positions of chair and secretary shall be rotated among committee members, with no one individual serving a consecutive term in the same office. Any officer selected by the committee may be removed by the committee when in the judgment of a simple majority vote, the best interests of the committee would be served by the removal. Committee members desiring to resign from office shall submit a written notification of their resignation to the staff liaison. Vacancies of committee officers occurring outside of the regular annual selection Regul~~~ic~M~liQg~~~ly~~09 -Page 18 of 145 Page ~F Council Advisory Committee (CAC) Procedures process shall be filled by a simple majority vote of the committee at the next meeting when a quorum is .present following the occurrence of the vacancy. Meetinas -The CAC shall hold regular meetings each month for the transaction of business. The meetings of the members will be held at the Marana Municipal Complex or Marana Municipal Operations Center or other locations designated in advance by a simple majority vote of the committee. The date or day, and the time of regular meetings shall be scheduled on the committee's agenda for consideration and established by a simple majority vote of the committee. Whenever a legal holiday occurs on at the same day as a meetiing, such meeting shall either be cancelled or rescheduled. If a special meeting is required, it shall be placed on the regular agenda prior to the date of the special meeting and approved by a simple majority of the committee. A regular meeting may be cancelled by placing the proposed cancellation on the agenda for the committee's consideration and simple majority vote, or if the staff liaison and committee chair determine that there are no items to consider, or if it is determined at least 72 hours in advance that there will be a lack of a quorum. The stafF liaison shall notify the Town Clerk of the meeting cancellation no less than 72 business hours prior to the meeting date. The Town Clerk shall post notice of the meeting cancellation in accordance with open meeting requirements. Meeting Quorum -The CAC must have a quorum of members present to conduct a meeting and/or to take any action. A quorum is a simple majority (half the members plus one, or five members). The chair and secretary are considered members for purposes of determining whether there is a quorum present. If the CAC is unable to reach a quorum, the CAC may decide to either adjourn the meeting or to hold an informal gathering to discuss any scheduled agenda items and committee reports. In either case, the event would not be considered a CAC meeting and the secretary would not take regular minutes. Instead, the secretary should take informal notes for the CAC records. The secretary shall also send these informal minutes to the Town Clerk's office indicating that the CAC did not form a quorum. Meeting Agendas -Any committee member may request an item be placed on the agenda for consideration during the "future agenda items" portion of the agenda at which time the chair shall seek input from committee members. The staff liaison in consultation with the chair shall ensure that all business requiring the committee's consideration is placed on the agenda for consideration by the committee. The Arizona Open Meetings Law prohibits CAC action on any item not listed on the agenda 24-hours in advance of a meeting, excluding weekends and holidays. In addition, meeting notices and agendas must be posted at least 24 hours in advance of a CAC meeting or event where a quorum of CAC members will be, or are expected to be, present. At a minimum, meeting agendas shall include the following information (see also meeting agenda template "attachment a" to this document): Regul~~~icANl~li~jg23~ty~~09 -Page 19 of 145 Page 5 Council Advisory Committee (CAC) Procedures • Date, time and location of CAC meeting, including the street address • Americans with Disabilities Act Notice • Call to Order and introduction of CAC members • Member Approval of Agenda • Approval of Minutes • Call to the public • Sub-Committee Reports • Community Reports • Information Non-Action Items • Action Items • Future Agenda Items • Adjournment Items not appropriate for CAC agendas include: • Campaign related information. • Federal or state legislation ex~ept`as it pertains to a local issue • Superior court, municipal court or traffic court issues • Disputes or claims against the Town • Family law issues • Staff or personnel issues • Budget decisions Public Participation -~ CACs exist to receive input from and to provide information to the public. The public should have the first opportunity to speak on any matter considered by the CAC, and before CAC members express their views. This helps ensure objectivity in the CAC's consideration of a matter. Public comments are essential in making well- reasoned recommendations to the Town Council on issues. CACs may listen to public comment presented during the "Call to the Public" section of the agenda,-but may not take action on items brought up during the Call to the Public. If an item discussed during "Call to the Public is also listed for action on the regular agenda, the CAC may take action when the item is heard on the regular agenda. The chair may schedule an item brought up at "Call to the Public" for consideration on a future agenda. Members of the public wishing to speak during the public portions of the meeting, as Regul~~~C~M~li~jg~3~ly~~09 -Page 20 of 145 Page 6 Council Advisory Committee (CAC) Procedures well as during the "Call to the Public" section of the agenda are encouraged to complete a speaker request card. The chair may limit the length of public comment to three minutes at any time, however, if such limits are imposed, they should be imposed equally upon all speakers. Voting on Agenda Items - A majority of affirmative votes of the quorum present shall be necessary to pass any action of the Committee. Committee members shall not vote where there is a conflict of interest as provided by A.R.S. 38-501 et. seq. When a conflict occurs the member shall not debate or discuss the matter related to the conflict. Members should refer to the Town's Code of Ethics- and Principle-Centered Governance for guidance on the process used for assessing potential conflicts of interest. Where a Committee decision is required for an item on the agenda, the chair shall ask for a motion and a second, and allow for discussion prior to the vote. The chair may vote or decline to vote on all matters. The chair's declination to vote shall not be counted as an affirmative vote. If a member abstains from voting, that vote shall not be counted as an affirmative vote. Motions may be determined by a voice vote or a roll call vote at the request of the chair. Executive Sessions - A CAC is authorized to call an executive session, closed to the general public during any regular or special meeting so long at such executive session is authorized by A.R.S. 38-431.03. The staff liaison is encouraged to consult with the Town Attorney in advance of a meeting for advice regarding executive sessions. The chair is encouraged to table an issue to a subsequent meeting to the extent possible in order to obtain legal advice regarding the legal use of an executive session as provided by A.R.S. Public Accessibility -Arizona law requires all meetings be held in a location that allows for public attendance. The Federal Americans with Disabi/itiesAct(ADA) requires all services, programs, activities and functions of the Town to be accessible to people with disabilities. All CACs are required to conduct public business in an accessible and barrier-free environment. Individuals with special needs are encouraged to communicate their needs to the Town Clerk in advance of any meeting so that reasonable accommodations can 'be made for the individual to participate in the meeting. If an individual with a disability attends a meeting without advance notice of the need to provide a reasonable accommodation, the chair shall make every effort to postpone and reschedule the item of business for which the individual is attending the meeting until arrangements can be made to reasonably accommodate the person. Recommendations to the Town Council - A CAC may make a recommendation to the Town Council on an item the CAC initiates for consideration and/or is referred to the CAC by the council for input. The CAC's recommendation should be in the form of a written communication and, at a minimum, should indicate the outcome of any vote taken by the CAC Regul~~~iCpNl~li~g~~~ly~~09 -Page 21 of 145 Page ] Council Advisory Committee (CAC) Procedures on the item. The CAC's recommendation is advisory and shall be considered by the council along with other public input received. The staff liaison shall inform the Town Clerk of CAC recommendations and is responsible for preparing the agenda item for the Town Council's consideration of a CAC recommendation. Arizona Open Meetinas Law -All CACs must observe the requirements of the Arizona Open Meetings Law, A.R.S. 38-431 et. seq. This information is stated in its entirety in the League of Arizona Cities and Town's publication YouAsA Pub/ic O~cia/. Sub-committees -All sub-committees shall consist of at least three members who shall select asub-committee chair from among the members. The chair shall be selected at the first meeting of the sub-committee. The sub- committee chair shall ensure that all recommendations of the sub-committee are brought forward to the chair for consideration by the full-Committee. No sub-committee shall present information directly to the Town Council without the approval of the full CAC. Annual Report to the Council - A CAC shall prepare a written annual report that is transmitted to the Town Council each year. By laws -These procedures shall` erve as the by-laws of CACs. In addition, CACs are encouraged to follow Robert's Rules of Order. Responsibi/ities of Committee Members and Dicers Adherence to Statutesl Ordinances and Codes -All members and officers of CACs shall follow the Town of Marana's Code of Ethics- and Principle-Centered Governance in addition to all applicable Arizona Revised Statutes and Town of Marana ordinances and codes. All CACs shall follow these. procedures established by the Town Council as their by-laws. Attendance -The Town recognizes and appreciates the commitment of individuals who serve on CACs. In order to assure an informed committee membership and to make the best use of everyone's time, the following attendance policy shall apply to all CACs. The absence of a CAC member without prior notification shall be deemed an unexcused absence, unless the member is on an approved Leave of Absence. CAC members are expected to provide the courtesy of Regul~~(~ic~M~li~g~3~1y~~09 -Page 22 of 145 Page 8 Council Advisory Committee (CAC) Procedures notification of an absence at least 24-hours prior to a scheduled meeting, unless the member is serving an approved Leave of Absence. The CAC secretary and staff liaison shall maintain attendance records which shall be forwarded to the Town Council quarterly. If the Town Council determines that a CAC member's attendance record is not serving the best interest of the CAC, the Town Council may elect to remove a member and appoint an alternate to the regular committee vacancy. Leave of Absence -Any CAC member who decides to run for election to the town council or for Mayor shall be required to take a leave of absence from the CAC. The leave of absence. shall begin on the date that the member files his or her candidacy and shall continue until the election process concludes or the member withdraws from the election process. Any CAC member may also request a leave of absence for personal or medical reasons, not to exceed a period of three months. CAC members who wish to request a leave of absence for medical or personal reasons shall do so by contacting the Town Clerk. The Town Clerk shall notify the staff liaison and the Town Council when a member takes or is granted a leave of absence so that an alternate member may be appointed to temporarily fill the member's position. A leave of absence is considered an excused absence. A member's term is not extended by the time spent on a leave of absence. Member Orientation -All members (regular and alternates) are required to attend the Town of Marana CREW program or alternative orientation prior to the completion of their first term. Attendance at Town Council`'Meetinas -CAC members and alternates are encouraged to attend Town Council meetings when recommendations and/or reports are made to the council on behalf of the CAC. The staff liaison or chair will ordinarily be responsible for presenting CAC recommendations to the Town Council unless the CAC selects another member by simple majority vote to present an item. The CAC chair shall be responsible for presenting the CAC's annual report to the Town Council. Res onsibilities of Alternate Membe s -Alternate members are non-voting members of the CAC unless they are appointed by the Town Council to 1:111 the remainder of the term of a regular member or are appointed by the Town Council to fill a regular member's position during that member's approved leave of absence. Alternate members are encouraged to regularly attend committee meetings in order to remain informed and provide continuity in the event they are appointed to fill a regular position. Regul~~~c~ M~li~g2 ~~ly~~09 -Page 23 of 145 Page 9 Council Advisory Committee (CAC) Procedures Responsibilities of the Chair -The chair s presides at all meetings of the committee. In the event of the absence of the chair, the secretary shall preside. In the absence of both the chair and the secretary, the attending committee members shall appoint an acting chair. The chair may appoint and/or remove members from CAC sub-committees. The chair is responsible for preserving order and deciding all points of order. The chair assists the secretary in drafting and signing recommendation letters evolving from official actions taken by the CAC. In the absence of the chair, any other CAC member may sign a recommendation letter evolving from official actions taken by the committee. The chair works with the staff liaison to develop the agenda, including consideration of items requested by CAC members. The CAC chair is responsible for presenting the CAC's annual report to the Town Council, or designating another member to make the report. The chair, in consultation with the staff liaison determines who may present other recommendations of the CAC that may come up throughout the year. Responsibilities of the Secretary -The secretary may assist the chair and the staff liaison in preparing an agenda. The secretary attends scheduled committee meetings to,;take summary minutes. Draft summary minutes shall be provided to the staff liaison for transmission to the Town Clerk's office within 24 hours following the meeting. Final minutes from the prior meeting shall be considered for approval at the next subsequent meeting. The secretary is required to sign approved minutes and turn them over to the staff liaison. The staff liaison is responsible for transmitting the minutes to the Town Clerk within 24 hours following their approval. All agendas, administrative summaries and draft minutes are posted on the Town's official website once they have been transmitted to the Town Clerk's office. Responsibilities of the Council Liaison -The Council Liaison role has been established by the Town Council to enhance communication between CACs and the full council by maintaining a high degree of visibility and attention to the work being performed by CACs. Council members are ex-officio, non-voting members of a CAC. While they are not required to attend every CAC meeting, they are encouraged to maintain a level of involvement with the CAC that facilitates ongoing communication between the council and the CAC. The primary purpose of the Council Liaison is to provide information to CACs about relevant actions taken by the full council that may be informative to CAC members as they consider items, or to share information about the community. Council Liaison assignments are made by the Mayor, taking into consideration council members' requests, interests and background. From time to time, the Mayor may change CAC assignments to encourage a greater exchange of ideas and a broad base of knowledge among council members about different CAC activities. Responsibilities of the Staff Liaison -The staff liaison is an ex-officio non-voting member of the CAC and attends meetings to assist the chair and respond to questions from the members. The staff liaison also handles the Regul~~~ic~M~li~g2~~1y~~09 -Page 24 of 145 Page lO Council Advisory Committee (CAC) Procedures administrative tasks of the CAC. and directs the work of any town clerical or support staff assigned to the CAC. The staff liaison is the primary communication point with the Town Clerk's office and ensures that all documents are transmitted in accordance with established time frames, including minutes, agendas and attendance records. The staff liaison is also responsible for reporting any vacancies to the Town Clerk. During CAC meetings the staff liaison is responsible or certain presentations and information sharing during CAC meetings. The staff liaison follows up on inquiries made by the public, the chair or members of the CAC that cannot be answered immediately. Responses are provided to all members with the materials transmitted for the next scheduled meeting or as part of the agenda of the next scheduled meeting. The liaison provides assistance and support to the chair in the creation of the .....agenda and agenda materials. The staff liaison makes arrangements for meetings that may have a large turnout and ensures that CAC meetings are staffed with appropriate materials, maps, documents, tools, audio-visual equipment and the like. The staff liaison may take minutes if the CAC secretary is not available and clerical staff is not available. The staff liaison is,responsible for preparing any CAC recommendation agenda items in NOVUS for consideration by the Town Council. The staff liaison may present the CAC recommendation to the Town Council at the direction= of the chair and/or the CAC. The staff liaison also provides support to any ad-hoc groups or task forces created by the CAC. The staff liaison is responsible ensuring that the Town Attorney's Office is consulted regarding Executive Sessions of the CAC. Responsibilities of Clerical/Support staff -Town clerical/support staff may be assigned to provide assistance to a CAC as determined by the staff liaison. Clerical/support staff assistance may typically include: preparing the final agenda; transmitting copies of the agenda, minutes or other materials to members, alternates, the town clerk and other appropriate parties; ensuring that agendas are transmitted to the Mown clerk within the legal time-frames required for posting of CAC meetings; making copies of meeting materials; notifying CAC members of cancelled meetings or changes to regular meetings including location and time changes; making meeting location arrangements including room set-up, coordinating with guest speakers and the like. Work performed by clerical/support staff shall be directed by the staff liaison. Responsibilities of the Town Clerk -The Town Clerk manages the recruitment and appointment process for CAC vacancies on behalf of the Town Council. The Town Clerk is responsible for maintaining official CAC records, ensuring that meeting notices, minutes and agendas are posted in accordance with Arizona's Open Meetings Law. The Town Clerk coordinates the activities of CACs with each staff liaison. The Town Clerk coordinates the receipt of quarterly attendance records and forwards them to the Town Council. The Town Clerk also receives requests for Leaves of Absence, track the time allotted for the leave and notifies the staff liaison of the member's Leave of Absence. Regul~~~CJM~Ii~g~3~1y~~09 -Page 25 of 145 Page 11 PROCLAMATION DROWNING IMPACT AWARENESS MONTH WHEREAS Drowning Impact Awareness Month will raise awareness that the number and impact of child drowning in Arizona affects everyone; and WHEREAS the drowning incidents in Arizona take the lives of the equivalent of a classroom of children each year; and WHEREAS a child drowning can happen to any family regardless of education, race or socio-economic background; and WHEREAS families can take simple steps to protect their children around water to avoid the tragedy of the unnecessary loss of life; and WHEREAS keeping children healthy and safe is a priority for the Drowning Prevention Coalition of Arizona, Safe Kids Tucson and the Town of Marana; and WHEREAS raising awareness through education will-increase knowledge of the effective measures to take to prevent drowning. NOW, THEREFORE, the Mayor and Council of the Town of Marana proclaim August 1 through August 31, 2009 DROWNING IMPACT AWARENESS MONTH IN THE TOWN OF MARANA and urge all citizens to familiarize themselves with water safety practices. Dated this 21st day of July, 2009. ATTEST: Jocelyn C. Bronson, Town Clerk ~/yt~ ~ Ed Honea, Mayor Regular Council Meeting -July 21, 2009 -Page 26 of 145 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, July 21, 2009, 7:00:00 PM To: Mayor and Council Item C 1 From: Cedric Hay ,Senior Assistant Town Attorney Strategic Plan Focus Area: Progress and Innovation Subject: Resolution No. 2009-108: Relating to Real Estate; conditionally vacating and authorizing the Town Engineer to execute Quit Claim Deeds of Abandonment after the completion of the Camino de Mariana /Dove Mountain Extension Project No. 2001-052 for a portion of Camino de Mariana public right-of--way that will no longer be needed by the Town Discussion: Construction of the new Camino de Mariana /Dove Mountain Extension project no. 2001-052 will include a partial realignment of the current Camino de Mariana roadway. This will result in certain sections of the current roadway that will no longer be needed by the Town. If approved, this item will vacate a section of the current Camino de Mariana right-of--way that will no longer be a part of the roadway after the realignment, and will authorize the Town Engineer to execute two quit-claim deeds of abandonment, tranferring one-half of the vacated right-of--way to each of the property owners whose property abuts the area in question. The deeds will include a reservation of the utility easements that currently exist along the roadway pusuant to A.R.S. § 28-7210. ATTACHMENTS: Name: Description: Type: ~ Reso Vacating Camino de Mariana along_Abiger-Hartman. Resolution Resolution parcels {OQ015107~.DOC ^ Exhibit A_CD_M-DME Exhibit A map of area to be abandoned Exhibit aba ndonmen_t_(00015706j,pdf ^ Quit Claim Deed of Abandonment Hartman_Ab~er Exhibit B Quit Claim deed Exhibit (OOQ 15_.704. DOC Staff Recommendation: Staff recommends approval of Resolution No. 2009-108. Commission Recommendation - if applicable: Regular Council Meeting -July 21, 2009 -Page 27 of 145 Suggested Motion: I move to approve Resolution 2009-108, conditionally vacating and authorizing the Town Engineer to execute Quit Claim Deeds of Abandonment after the completion of the Camino de Manana/Dove Mountain Extension Project No. 2001-052 for a portion of Camino de Mariana public right-of--way that will no longer be needed by the Town. Regular Council Meeting -July 21, 2009 -Page 28 of 145 MARANA RESOLUTION. N0.2009-108 RELATING TO REAL ESTATE; CONDITIONALLY VACATING AND AUTHORIZING THE TOWN ENGINEER TO EXECUTE QUIT CLAIM DEEDS OF ABANDONMENT AFTER THE COMPLETION OF THE CAMINO DE MANANA/DOVE MOUNTAIN EXTENSION PROJECT NO. 2001-052 FOR A PORTION OF CAMINO DE MANANA PUBLIC RIGHT-OF-WAY THAT WILL NO LONGER BE NEEDED BY THE TOWN WHEREAS the Town of Marana's Camino de Manana/Dove Mountain Extension Project is scheduled to begin construction in 2009; and WHEREAS the completion of this project will result in a partial realignment of the existing Camino de Mariana right-of--way; and WHEREAS certain sections of the current Camino de Mariana alignment will no longer be needed by the Town; and 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 Council finds that once the realignment has been completed the portion of roadway that divides the parcels identified as 216-26-0020 and 216-26-003A by the Pima County Assessor's Office will have no public use and no market value for the purposes of A.R.S. § 28-7215(B); and WHEREAS the owners of these parcels have entered into agreements with the Town to provide right-of--way necessary for the completion of the Camino de Manana/Dove Mountain Extension Project; and WHEREAS the Town Council finds that it is necessary to reserve the rights to utility easements which are located in the right-of--way to be vacated pursuant to this resolution; 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 that portion of Camino de Marana public right-of--way as established by right-of--way proceeding number 220 in Book 2 of Roads at Page 3 in the office of the Pima County Recorder that currently divides the properties identified by Pima County Assessor's parcel numbers 216-26-0020 and 216-26-003A and depicted on Exhibit A to this resolution, to be effective upon completion of the Camino de Manana/Dove Mountain Extension Project, subject to and conditioned upon each individual property owner executing the acceptance block on the Quit Claim Deed of Abandonment in Mazana Resolution 2009-108 00015107.DOC Regular Council Meeting -July 21, 2009 -Page 29 of 145 _ 1 _ substantially the form attached as Exhibit B to this resolution, evidencing their acceptance of the reservations in the Quit Claim Deed of Abandonment and their assumption of the costs of maintaining, and the liability for, the abandoned area. SECTION 2. Upon completion of the Project the Town Engineer is hereby authorized to execute the Quit Claim Deeds of Abandonment in substantially the form attached as Exhibit B to this resolution, after and conditioned upon each individual property owner executing the acceptance block on the Quit Claim Deed of Abandonment, as described in Section 1 of this resolution and in accordance with the provisions of A.R.S. § 28-7205. SECTION 3. 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. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 21St day of July, 2009. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution 2009-108 00015107.DOC Regular Council Meeting -July 21, 2009 -Page 30 of 145 _ 2 _ Town of Marana, /o1rlZOna EXHIBIT a ~ - - - J ~~'~--, __ _ __..._ c~ .. Legend Railroad Pinal County Addresses Addresses C.A.P. Canal a ~~ Washes -Major Streets -Major ~ ' --~ Streets - All m ~ ~ Buildings w m Parcels Marana Airport z Marana Town Boundary Line Marana To n Limits w N 0 350 700 1050 ft. ~ Scale: 1:3,697 Note: This map was generated from the Town of Marana's GIS Web mapping application MARGIS and is to be used for internal reference use only. GIS data is constantly changing so layers that appear on this map may or may not be accurate or current depending on the date and time this map was created. QUIT CLAIM DEED OF ABANDONMENT (Exempt: A.R.S. § 11-1134 (A) (3)) The TOWN OF MARANA, an Arizona municipal corporation, hereby abandons pursuant to A.R.S. § 28-7205 and Town of Marana Resolution No. 2009- in favor of , the following described real property situated in Pima County, Arizona. THE (EASTERN OR WESTERN) '/z OF THE RIGHT OF WAY ESTABLISHED BY RIGHT OF WAY PROCEEDING NUMBER 220 IN BOOK 2 OF ROADS AT PAGE 3 IN THE OFFICE OF THE PIMA COUNTY RECORDER AS IS CURRENTLY ADJACENT TO THE (NORTHWEST OR SOUTHEAST) BOUNDARY OF THE PARCEL IDENTIFIED BY PIMA COUNTY ASSESSOR'S PARCEL NUMBER (216-26-0020 OR 216-26-003A) AND DEPICTED AS EXHIBIT A ATTACHED TO THIS INSTRUMENT AND INCORPORATED HERE BY THIS REFERENCE RESERVING an easement pursuant to A.R.S. § 28-7210 for the following, if any, as they existed before this abandonment: (a) existing sewer, gas, water or similar pipelines and appurtenances, (b) canals, laterals or ditches and appurtenances and (c) electric, telephone and similar lines and appurtenances. DATED July _, 2009. The undersigned hereby accepts title to the property abandoned by this instrument subject to the reservations set forth in this instrument, and agrees, pursuant to A.R.S. § 28-7215(8), to assume the costs of maintaining and the liability for the roadways abandoned by this instrument. TOWN OF MARANA, ARIZONA Keith Brann, Town Engineer APPROVED AS TO FORM: By: Its: Frank Cassidy, Town Attorney Regul~l4f~~in~ -July 21, 2009 -Page 32 of 145 7/10/2009 2:44 PM CIH STATE OF ARIZONA County of Pima ~ ss. This instrument was acknowledged before me on January , 2009, by Keith Brann, Town Engineer, on behalf of the Town of Marana. My commission expires: Notary Public STATE OF ARIZONA County of Pima ~ ss. The foregoing instrument was acknowledged before me on January 2009, by as of, on behalf of the corporation. My commission expires: Notary Public Regul~~ra~141~~in~ -July 21, 2009 -Page 33 of 145 7/10/2009 2:44 PM CIH 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, July 21, 2009, 7:00:00 PM To: Mayor and Council From: Keith Brann ,Town Engineer Strategic Plan Focus Area: Community Building Item C 2 Subject: Resolution No. 2009-109: Relating to Development; approving a release of assurances for The Pines Phase II and acceptance of public improvements for maintenance Discussion: This Resolution will release the Assurance between Terrazzo Homes Inc., Pines Overlook LLC., Fidelity National Title Agency, Inc and Title Security Agency of Arizona, under Trust No(s). 60,334 and 1087 and the Town of Marana, regarding The Pines Phase II as depicted on Exhibit A. The Pines Phase II is comprised of lots 1 through 265 and Common Areas `A', `B' and `C'. The subdivision is recorded in Book 62 of Maps and Plats, Page 85, Pima County Recorders Office, Arizona. In releasing said Assurances, the Town of Marana will accept for maintenance, including regulatory traffic control signs and street signs, approximately 173.71inear feet of the following paved streets: • Continental Links Drive Financial Impact: Budgeted to Operations and Maintenance ATTACHMENTS: Name: Description: Type: ^ _Resolution - 090630_Pjnes Phll.doc Pines II Resloution Resolution ^ Pines II Exhibit A.pdf Pines Il Location Map Exhibit Staff Recommendation: Staff recommends Mayor and Council release the Assurances for The Pine Phase II and accept the public improvements for maintenance. Suggested Motion: I move to approve Resolution No. 2009-109, approving a release of assurances for The Pines Phase II and acceptance of public improvements for maintenance. Regular Council Meeting -July 21, 2009 -Page 34 of 145 MARANA RESOLUTION N0.2009-109 RELATING TO DEVELOPMENT; APPROVING A RELEASE OF ASSURANCES FOR THE PINES PHASE II .AND ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR MAINTENANCE WHEREAS, The Pine Phase II is a 55.73 acre subdivision located west of Arizona Pavilions Drive, containing lots 1-265, and common areas `A', `B' and `C' and is recorded at the Pima County Recorder's Office in Book 62 of Maps and Plats, Page 85; and WHEREAS, the Town has Assurance assuring the completion of public improvements; and WHEREAS, Terrazzo Homes Inc., and Pines Overlook LLC have completed the public improvements acceptable to Town standards in accordance with the Assurance Agreement for The Pine Phase II; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows: SECTION 1. The Pines Phase II is hereby released from the Assurance Agreements with Terrazzo Homes and Pines Overlook LLC under Trusts 60,334 and 1087. SECTION 2. The Town accepts for maintenance, including maintenance of regulatory traffic control and street signs, for maintenance, approximately 173.7 linear feet of the following paved streets as shown on Exhibit A: • Continental Links Drive PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21St day of July, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -July 21, 2009 -Page 35 of 145 • ~ ~ PHASE A ANO PHASE B ,PER PHASE TABU, SHEET 2 . . PRIVATE PAYING & PU[3t,IC SEWER PLANS . . , FC1R •. :_ PA4ING NOTES: !. '1: AIL CW87WGAa Ala a5t IEn10D1 rope n ntw ro1N a ' • WrtANA sots AA PIw mxrY att a<TtNNDIt sTwavmc AID srAmttaAars . SHE PINES P~~ . II •tvN.nASrourNDIT~mIIS itw,axuoN. a a~ asta setAD IaN acs PNwwT rs as rplt me ceser wane is 1e-sa' LD75 t THROUGH 265 AND CGMMON AREA 'A' IOPfN SPAf:E). s caNneACtoN alai. aia rv~r~Iart f+Mwa IaA¢ roil ~ 9NN3. Y anaa~ 1aR Wfl PflOPfltl ' COMMON AREA 'B' (DRAINAGE) AND COFAMDN .AREA C` (PRIVATE STREETS)} . alt SIA1tFb CF RIE t7/alE1A BR AtIY m ao1 P{rPfBE RR lAANO tM arc POkTiai OP AlF 1AlIeL }E auu a3D.n6 ALL. l N ao lel a m ' ~ ~~, 2 . ,l it . ~ ~. ~\ ~ I a.tl s a F . saga teas War • ~ Ii ~ . r MARANA 601E I ~ l '. `.\ t a mt wterilcrN awi. Au'srAtas a'i tqt alt uwa, telos a' .1F1aNd18trs DP TIEdIDat n A+Em faOPPn PUGfit INfa4 amaNitm Amara net Nr elcntAts an ccaNe.malAa+®n NatAaaa Arty i~ rear Alt v S~ `__ , \ . CONTINDITAL RANCH ~.~ -. l ~ •.8K 66, (WP} P6 15 ' . ~\ li t ~ r.~alANra atlas aratmAllAA wr ww YAAta ro PN6TatNG 3~{ • i •~ I { ~ _ ~ ~ 1 13 w' ~ `~ ~ b A atmEartca. Tljatil~WV3~M4FSDCAACN. watim>F 1taNS s etarMm ar teaNACaN eNmnawc ` ro ~ .. ,+~`y-~;i~""' ~~. ~. ' ,~ , ;eae txuDrxr PNOemuras ID • 'slw>•_ aalmat m, AE NecaletFraATNtls t~liAa/ID tx Nrm aPPaN[ DAim , ~ - `~ ro ,. zeal, alosxr N• amisasa. vR AOgIFgAAi BABe aratsFalai, aatlFalalTO t'0/NT s1Pr zzAat saT. _ ~,ii i ~~ tasDr .a - ~ - -. - _ ~ _- .. ~A911a.Aa .9UJA. CtttFiWtro PO/WfStPf S<a:R011108. I®t R' I ~ w i DPW \ a a1 OONaitA: BIMit a7HY YAI PC/T1DT BTI 56Aa1 rm. tAA90 S. ~ P31 INa16A1 A7 m tNYS ifalM aR61161E ~ ' aliR~tVt \b II ~ ,~ i~ ~ MARANA 6qF ~ ~ 4 ~' `t . . . S J ~ A CafIW10'aN aWL CdIPOY tNM 171 ApIItA@IE trOC1PAA0NAL SNElY AND ~µ' RA1~ ^` ~ ~ ~ ~~ ' ~ rsiuxrnalaslNAgal NaatAAals (aslMNJ• ..~ ' a . (~) ~D~- -- + P~INDR A.CI[ ffiTNN AIL WBIFA NNWLi® aT OafRA®fiAl A491aEH ° ~a ~ 'fO . . E , a~ ~ l ~ ~ P' 9 ' NANaIA IdNii • • 1t ~Ati NtVlAtN19+ro AN3 AANS Nusr /E AM+arD era » . NN i Pace ro.wmacria.• , , M . • ~ Nana ° . '.tii. A COPY fF atE uASr NsNasn E1Ari alto: eE I~i'n N1 PASLLY AFnB~S~IE ~ . • • YAGliat 1r AIE a7E AT AtL Y1Mt8 OtlaN6 KNBNtrCI[CN: ~ ~ ° • ° , '..13IF 1NNIaCWAnA WQAb16 NE tamlNtaicD aainq AE CIArF tP' .. ! CaSINUCtIaI lID atE BtAIID as BOaE'OF ns oeAaN. nIF araIFQR alvi ~ ; ° w ° aBDT AE NaaffiANYfEA9®Q 9PRHDSRN. UPROwBR PMIS PCn laYm' ND APPAOYAL 8Y Aa at8nt1a01t alGtl®f: ~ 1 q ~ ~ • ~ ~ ° \ ° ~ ~ '• M IIPoa•MlNlai(}711a1T.CF taNA, iRNFiC d/tIR01. aEVlaB 9Y1L tE POBtII! AIa N a A ~ ' , ° R s ° n Ma01 is W W/elID. 1 NN A5 AE L NNNfAAlD NY ira lUVNi181Clia INIIII. 1a . 1Nra1640t,SaWaOAaFSLA:9WLt£IN At'.IarANCE 1NAI'tiE YAINa14P UaP091'NtARYC Ca11R4 oEVtC®.AUOVI® NY A1N AAni CP ARIIONA PtAtRiANT'ro ,• . y a ~ r d ` ~ 81.O.CIC 1 ~ •t ` yns ~•ma m MARANA .601E a •ni Anti mlmilclat atw. rE ataroNa®N trn il1t: cANENAlNn7ltxt~ temim. °t.. n na Aanc rArk rDa+w Nta s ~ ~~ ~ CONTINENTAL RANCH ,~ .l > P ~ ~6 ~ NNPPIIAaiort t Ne1DIm w rAaa AE ff w~ucrrala• Au FsAtx. • ~~~ ) G tt5 „ _ K dSB (Yte > . , , NtPltcaotr. s~ oalF m Ale SAT4IFAFFa1 6 AA? aaee. a arNpg, wms u aesaaa cN t>oNttxees Feilmt•~tiias dewstrs a 1 1x : ' Qty ' ~ ~~ • •AIO OeTAA3 aWA FN t11a1KXf W 71E.A77alnal Q irE Na, iNIp.KD T A •NkStYE k~NC Y61N AIEE MadC ~~ //~ ~ ~ \ * .'O. A tAWltlan .a! tNm rR1EAR IN91 CFRaFY ANT AaS ,• '+ N•~' ''~ ' ' ;rxoACS TNS Ml61AUa1WIN aASTANtiN. CgNA81NNE raAl AE AtI1tOrD PlittG ' ' • ' I ~ A \ - 1 ~ ~ PRdIE1Dl" OOQ NtFJI . ` tp41NNNCY at;mPAS£ .IICII/C4/aA7p1Aa1 a : ~dt%, (P FINa.AIffi[I p 1CC ~ \ + 9Et1ER ryVf3tV7EN3N0'IES ~ ~ • ` t& .41. Da8t13 S1R@DIO NID SIWAO[ aNLL.BF P0.0{79® Bf 11E DEIOLPtA A7 NO YNNNL al as IN tarnaNNCa• rn AC ' ' '~ ~ ~ ' IWtaIA . CDeT•ro AIB 1D1N, a aWL 7E .. iONF't~tl Ata11a f%NWCL'a[11a$ .. ~ - . • 1N. RN a-a1 Awi +1-808'PF9UIC 11NT M A1tl7tNA-Sl'A7E ND9FAN L4 N01F~7 N e 1vaA xauN ae wNttNNn aiErn AAF D6G016RD am+c - ,~ ~'?~~ ~~ ~NWItRIN SiOK r x~ tpr ~ r f a QQNND ~DM~S Pl ~atTNNa~DN. ~ /,Y T~L7 - ~ \: ~G ` .. -.. . .. . /// i • l~~ • ~ ~ ,aa aAgla OF atAwlo ruk AaxxAO,ntsial la ~ `~ ~ • I AIE NORRI fAE CP't0T 9 ,TAIL RPPFAIFkSFtdral DDfiT1656 PAMC SAiO NNNiIa tEA10 N7/70'»"M AS fd0a+7ED n BOpi .. PA1EA7, wRS Nr PiAiS 'Ar ~ ('~.QriK 4'. . ' MARAHA•OOLF ~ I . ! . CONTINENTAL RANCH ~ . 81C Z6 (MIIP) Pfi 15 AE DASis ov tietanar tat nas wmrvisoN Ia AA.x' aN A[ SaiNEASt a?JIER CF A COfltA61E AtlaalAal ' - ~ ~ ~ ^ ' D . 8aa WGIAD AT AE SNIfA t7AR aYFR FAST W TrN PENS NC10. &VD aEWAaI BFLIC elH.ad. 31. NaE-~ ' ~ 6~ ~ ~ ~ Fe~• +• ' . . ~ " .. 2%8/1000 00D~16fR AOOq A/FA4 a • DF ' • . . . , • .•, i . mar v tt~ alit 1~ , rFN1 188D8-- PoOt CNY ~NOPAS ie85 AWIT BaW1E . ~ R Ra00. ~$ n L w9 r nt D-1S £ a ~ Ala AIFiK A aoDT T ael aIPAT aNe1.D taelu. tme aaNrAanlD atC1N>at Pan nrw a Narau i " 3 : .9ltlct 0-14 ~ PFVBM a glut tWi a PNatne .. sN¢r tc-k •.sron ntaDl PcAit a PtlaAe 8 IaTAlls: ~ BY' ( 1t8ef 10 ' ~~~,p~y~~ p~~_ C~~is~,~~ mlF 1 ~.~rp~ ; m Ne S "_ " - C81810N•. IOF - - f . ~ afNt'71 St0npk 5NI®ala PLAN " AA1a 7C0iPT `, , PROJEX:f .~~ 10 ~ •~ ~~; ~ ~' ~ asr ~ ~ v ~ , ~ ~ t ~ .T.._ tlacdp6di3~H.111d~C t1i1N A P.gtPAtN GF NtF100M 11! IF ~711p/nd.V.~ l~ ' 1'1.1 10i tlM6lR ' ~ NACItYM1tR.1W.K PflOI~ID ,. . - Yit. SCIE Ala ON~lNAPf 1igANMA _.. - Ftasmla 10D 1TAa t1000PIAA1 t tin ' " sarvlaiotl NaNOANr tAlt ., `-- - -tarlat~ .r.`. r IOT IAE _. y: _.... _ PA¢ltao lvlt ' --~*..-~- ion Ntatrz•Aio~aanYOUN ~' '~iOR nsT ' t. 78x1 PoINt ~~ ' E haA'POINI ttpl 1N1INF~I~1tAN1~. ~ ~ ,' AAE ~~ ' 38 (MP7 PG 15 tr.• tlAtaP.rAw®tr ' ~aJ BBTAtt/s'4%IRBIt Ts tCUta' fOR RAVMtC'~ Pn1,Y ~ ~^ .asllat UNE NA a thOn DIPEC't[SM . SAlltl/'DDATN F3PE any • St11Ht AIAINira A - 81aDM rtAiN WtlItltAE ' .. ~M{. ~. E11151i11G iNVjR ALkN101L we a~~ Y//.7 t£SNAan 0a1a1a1L4 - N.. ~0'lOC i W w ° FAVa10 AND 4NNt ItllY 111E RcvriaH ~, tc4NTtsar~ti ' to srt.t.wU, ~tiN,+ rP-N.,N.,.~..~-~..,~ ;~ . I Ana staAtmrr~etr+cr a= ANi2aMA STANQaa -AARb:OF 1ucs0K INR 1wsA N0. ero .. tai6 A t.t rnte tw . Tceo A ~Y~ Alm'~sta¢ uD ~ n+csaiµANxt~~estre ' Ai'Dt t~.~¢ 1lDDC " APf WE (bm) M~SEDOD t • PIICtE (3'iaNnNNJ~((~~7Mw.164i P@tP11A~4TAN[fa9l5T2 ~ ~ ~.. /Ql ti:NnrtrAVNIaND~ trelttNltwl ' P S Q M A S . TT'~ PISS P11A>37~ aslant..: Na umi'nnot>dtti2sAw " ~ : '.~"(yl`zarlt . w l..a aNwatt ~x~ ti^ rNIINta '•`•~ ~MltilYSd'O 1Me wim ~` fd ,~' Exhibit A ~- Regular Council Meeting -July 21, 2009 -Page 36 of 145 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, July 21, 2009, 7:00:00 PM To: Mayor and Council From: Keith Brann ,Town Engineer Strategic Plan Focus Area: Community Building Item C 3 Subject: Resolution No. 2009-110: Relating to Development; approving the release of the private improvement agreements for the Preserve at Dove Mountain Phase III offsite improvements and acceptance of public improvements for maintenance; 25061inear feet of roadway improvements located on Camino de Oeste north of Tangerine Road for maintenance Discussion: Approval of this Resolution will release the Private Improvement Agreements between the Town of Marana and Cottonwood Properties as depicted on Exhibit A. In releasing said Assurance Agreement, the Town of Marana will accept for maintenance, including regulatory traffic control signs and street signs, approximately 25061inear feet of Camino de Oeste. Improvements were constructed as part of the Preserve At Dove Mountain Phase III Offsite Improvements project. Financial Impact: Budgeted to O&M. ATTACHMENTS: Naiue: Description: Type: ^ Resolution PIII Camino de Oeste.doc Resolution Resolution ^ Exhibit A P_reserv_es_ Cam....ino. Exhibit A Exhibit De Oeste I_m~ro..veme. nt,_pdf Staff Recommendation: Staff recommends Mayor and Council release the Private Improvement Agreements for Preserve At Dove Mountain; Camino de Oeste Offsite Improvements and accept the public improvements for maintenance. Suggested Motion: I move to approve Resolution No. 2009-110, approving the release of the private improvement agreements for the Preserve at Dove Mountain. Phase III offsite improvements and acceptance of public improvements for maintenance; 25061inear feet of roadway improvements located on Camino de Oeste north of Tangerine Road for maintenance. Regular Council Meeting -July 21, 2009 -Page 37 of 145 MARANA RESOLUTION N0.2009-110 RELATING TO DEVELOPMENT; APPROVING THE RELEASE OF THE PRIVATE IMPROVEMENT AGREEMENTS FOR THE PRESERVE AT DOVE MOUNTAIN PHASE III OFFSITE IMPROVMENTS AND ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR MAINTENANCE; 2506 LINEAR FEET OF ROADWAY IMPROVEMENTS LOCATED ON CAMINO DE OESTE NORTH OF TANGERINE ROAD FOR MAINTENANCE WHEREAS, Cottonwood Properties, has completed the public improvements acceptable to Town standards in accordance with the Private Improvement Agreement for preserve at Dove Mountain, Camino de Oeste Improvements ENG0605-011. 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, 2506 linear feet of Camino de Oeste 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 July, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -July 21, 2009 -Page 38 of 145 PAVING, SIGNING & STRIPING IMPROVEMENTS FOR TANGERINE ROAD AND CAM/NO DE OESTE (ROADS ARE Pt1BLIC) ENG O6D5-Ott GE/~RAL PAYUJG NOTES I. nAC 0L51a1 AKm PaR rANOERNE Raw a u NPN. 7eIE aESxAr IfIXOLf a MB-ea. z. Alf aBSxw sPEm P0R crAna aE oESrE a Js M•H. nc DESrwr wa9E s Ire-M. J AIL PJJNBrMA:1aN AND 1FS1' YE11a05 Altl1 BE W CQWDtlAdPaB' M/1H PIW CWNIYA7iY OF AICSaI STANaµa SPECR'MA7aN8 FoR PL6UC LwROw~RHa (PC/cor SSPo) ZOOJ EDIAON • stre-RASE WTE%LL sHNL CcMRURN m P.gico.r. ssq, sECmoN Yoz S AOGREGI7E 815E Ca/RSE 51MI1 COMORAI m PC/QDr SW. SECR~I Ja7, a AsPNALAC croNCRErE sH+u. coNFaRrr io Pc/cor s5a, sECTmN ADa Ear Na z 7. ALL CONDAE7E SHNL COYPLY NTM PC/C07 59°1' SLWpN IOOf GLASS S JAaO F9 CQANRE591£ SrRDWRH AT m d11$ LNYFA O71ERIriSE SFECA'RD. a coNrWCrna ALw. coLRLr Mnl Au APPLldWE omrPAnouu. SAFErv AND HEN.nr AaMA87R/TgN I1Ff.YRAIKM'. 9. COILIRACION SWU. OBDWI ALL PERNaS REpMRm BY GOIE/88RMAL AGENCaS PROR ro WASTMM.RBV. I0. ALL REVtSIaNS m ARSE N.Ya MAST ~ APPRWm BY 81IMW TOMN ENWIEm PRIOR ro CCNSIROCImN. I I. A COPY OF AVE UiEST REHSIDfr DF Aa5 PLAN SHW. BE IkPf a AN EASLY ACCESSI&E LOO17mN ON THE SIZE AT ALL TBF6 DUReJC coNSrnrxraw IY. wrw CORNErAZLRNT aP MaRK iRAFFLC cnNlRx oEtixzs sWU E wsrm Aw LNarunm er nc caNTRACroR LMR. .Aal ALLE AS n!E'NDAK a NNHEAD. ALL MVBRIG SNSa BASRNAO65 f/a sNV.L eE m Aammvkr anI nar WAUAL aP IARFORN AEIFFIC caxrtrDL aE7eES AOQ°iID ar n~ sra7E aP ARIYaN PURSLMNT ro a2s. 2e-as0. r>. 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ENfANEFR Mar carnFr nar nas PRQ/ECI MIS caamrmlm a suesvNAV. coNTaRLwNCe MAI nc APFNOrfD P1AH8 PRpN m REpRiST mR FNNL asPECTaN/cERIRraTE oP aau arcr oR n~ aeFasE oT assAUNCES. 18 ASS !1-BH AND ARS ft-858 RE8'ARE AW ArE AMJpN STATE M4Elw RE NOAAED w 71ff EVENT MOAL/N RFYUAS OR FIMERIRY aEL¢o7s ARE aBrorfArD DtAMK LR,otwD Ob7LR8N0 ACIM/RS as coxsne.crlan. rn coNrRACraR AWL REFER m smREr WATER PaWllal PREVENTmN TUNS ro cavrROt sEOwEM PaLVrax oLwwc cRACac cwERAravrs Ya R sruu eE nR- ooNnrACroRS at~sPausream m Futr caLwLr xmr nc ARaoW PolturANr oLADLUrc EuLaWraN ssTEN ca7aTancnaN cErImAL PE/erRr, w ACOORDINGF RRN 771E SroAY •AAR Pd1N7aN PREVE'NDON plMl (SMPPP) L)R'ELOPED H>R nes PRaUECG GENERAL NOTES FOR 3I6NMG PLANS 1. 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Rc asrAUm a A DTMflRTE FOrAA)QNVL UN68 OAIERMAE OaECiFO er AIE nWAC ENGYIEm aR DESGkE. 5 l J .uL sCN LaanDrs ARE APPROxnwrc Ac coNIRAC+ae siWL wm~' AcnuL sAw Laurava wnr nc rwirtrc EiKXVfdt OR OE52hEE PRAM m aSTAW7aN of A71 SrONA (5) THE OOMRICR7R Ad11L BE RESPONSA~'E far COORORNTNa AIL IIf1VN M7rN A.fK STA1fE AND FqR asrAUwc ALL ANFFID SNRAS W AIE NEIO. a AIL IEIIatl10 AND REaAA70RY SRas SNNL RE TIDE R (IMrrN RIIE7aI17) SIEfIaYf IDA.ESS ONRANISE 0f1FRIMNm Bl n,E .nmaa~eraFr navro E'AC!lEERR as DEAC7EE s7REEr AWME SERFS (D3) sNUL RE PABRMA7FD Imxc 7rPE R (HKH SNYa ~ ~~9#EraO. ~SCFaOe ZQME SK 6)SNkL 8E P4AJRESCOIr ifl1dY-CAEEM DRM01m CIL/O'E sHEERtiY. Au a2mIEAD sma sxuL ~ DIAAaNa dNDE sNEEANa. z Au NEw sNxa AWL WYE auwax/N DACAWrG uviESS DAIEWISE sPErxRa a Au EwsnNC sxRES ro eE REArOrm As PART aP Aas FRQA:G7 ARE ro RE DESIL4RE0 m na; 7oMN aP LLARANA aFFRA7mA5 (SHIER Ai 9100 W. aA ROID (JBI-1900). AlE ObMlRACTOR a AE'SY'!'a1BLE iDR IaEdOal: 7ME 3ALVACm WRRW. N/Y SWNN:m Saw ANT a ro eC rtElam AWL RE IEMrDRAPo.Y Slarm N A SAFE LOGDON UIlRL REa5TALUAON. s. AAE EE9DIe sPEEa ToR nLE AeAES a ss AND 3s M'H (TAACERA[ a PAMaO UE oLSTE). Art PaAED SPEED LaaT Par nAr Trow(,) a zo Arm as LRrI paNCFaNrc a cvAio DE o61E), srw aACEARNr swu BE ersm oN n~E PosIFD SPEED twrl: Io. Pwv. wsPfcnoN/ADCEPOVmE or sNSwm swa eE PEnFOraaD sv nrE ,aRCacAa.' mAFTrO a+cMrEm aw 06ICN¢ LEGEND -d~F.- E115TING OVERHEAD ELECAeC 1wf Ig:l PRD7ECIED RP-R1P SLCPE __y,-___ llr4 nNG wPEN rAm ~ Sf FARAIm SLOPE -s-$I- EOSTING SEWER LwE ANO uAFalOIE' ~n--~v EX1S/INO PAVEAIVrr a~~ HTDR«DDY A07I PORR (LOOATNa4 DwECaxA a Oxo) ...................... NEW PAVENENI' W ~ ES ~E % • SORVEY INIRA4TI1' (PER PO/Wf Sa /10.7) O M.IT 5 o Sr/RyFY IAWmNENT (FOI1N0) - - ~ - IOOM 71000 fFY7NE LOYT ~ RE/iLVlA4ARN - - - ERJAa/ W7Alm SEl8/CK I3] SNEEr wOIGTDR LME (EH3L.) SHEET /V[~X 1 corm ARfI' 1 PANNC DETNL SHEET 3-R MNNf. FrAN Arm PRaAf SHEETS J-e saxArm Arm snMwm PIANS f0 SIONN. 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BASIS OF ELEVATION Aff BIAS OF ElEYATA7N FOR 7188 PRarECr a A Foam GL0. RNASS CAPPm A10MRRAf AT iNF AUPRAfESf LtlaR'R OT SEL'IION 31, T-lI-$ R-I.L{ SAa ElEN1T/0N BENYC 1TK21' ~'Wro BB). ENO 0605-011 DEVELOPER JN E SUNRtSF eRM1£ SIE Y18 TLC9aV AAZO/El 85718 OOMACT ME AM GaLESP/f ArN I 0 aMM Regular Council Meeting -July 21, 2009 -Page 39 of'145 Exhibit A ACCEPTANCE `^, //// / /7~ L ~ // /IO CRNG FON AMR aP W7WN 61 /E 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, July 21, 2009, 7:00:00 PM To: Mayor and Council Item C 4 From: Scott Leska , CIP Engineering Division Manager Strategic Plan Focus Area: Commerce Subject: Resolution No. 2009-111: Relating to Public Works; approving and authorizing the Mayor to execute an intergovernmental agreement between the Town of Marana, Pima County, and the Town of Oro Valley for the Design Concept Study of the Tangerine Road Improvement Project between I-10 and La Canada Drive Discussion: The Town of Marana, the Town of Oro Valley, and Pima County are authorized by state statute to work together on capital improvement projects. The Town of Marana, the Town of Oro Valley, and Pima County are committed to the construction of the Tangerine Road Improvement Project (2005-061) between I-10 and eastern Town limits. Oro Valley and Pima County are committed to the construction and maintenance of the Tangerine Road Improvement Project between the Town of Marana's eastern Town limits to La Canada Drive. The Project includes the development of a design concept study in conjunction with the Town of Oro Valley and Pima County. The project study will include engineering and geometric and operational requirements, traffic projections, access management, and rights-of--way requirements. The attached intergovernmental agreement, that has already been approved by the Town of Oro Valley and Pima County, establishes the commitment of cooperation to abide by guidelines for the Design Concept Study. Upon the completion of the Design Concept Study, the Town will have direction as to how to proceed with the design and construction of the Tangerine Road Corridor. Financial Impact: Total financing for this project is established by the Regional Transportation Authority. ATTACHMENTS: Name: ^ Tangerine Road_C_orrid_or OV-PC IGA Resolution.DOC ^ EX A - 2009-06 IGA approved by OV and._PC..pdf Description.: Resolution IGA with the Town of Ora Valley and Pima County Type: Resolution Exhibit Staff Recommendation: Staff recommends approval of Resolution No. 2009-111. Regular Council Meeting -July 21, 2009 -Page 40 of 145 Suggested Motion: I move to approve Resolution No. 2009-111, approving and authorizing the Mayor to execute an intergovernmental agreement between the Town of Marana, Pima County, and the Town of Oro Valley for the Design Concept Study of the Tangerine Road Improvement Project between I-10 and La Canada Drive. Regular Council Meeting -July 21, 2009 -Page 41 of 145 MARANA RESOLUTION N0.2009-111 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA, PIMA COUNTY, AND THE TOWN OF ORO VALLEY FOR THE DESIGN CONCEPT STUDY OF THE TANGERINE ROAD IMPROVEMENT PROJECT BETWEEN I-1 O AND LA CANADA DRIVE WHEREAS the Town of Marana is an Arizona municipal corporation vested with all associ- atedrights, privileges and benefits and is entitled to the immunities and exemptions granted munici- palities and political subdivisions under the Constitution and laws of the State of Arizona and the United States of America, and WHEREAS, pursuant to A.R.S. § 11-952, The Town of Marana, the Town of Oro Valley, and Pima County are authorized to enter into intergovernmental agreements for joint and cooperative action; and WHEREAS, pursuant to A.R.S. § 9-240, the Town of Marana is authorized to layout, main- tain, control, and manger public roadways within its jurisdictional boundaries; and WHEREAS the Town of Marana, the Town of Oro Valley, and Pima County desire to enter into an intergovernmental agreement to obtain a Design Concept Report regarding the construction of roadway improvements on Tangerine Road from Interstate-10 to La Canada Drive; and WHEREAS all parties to the intergovernmental agreement shall have input into the Design Concept Report; and WHEREAS the Town of Marana shall be the "Lead Agency" for the development and im- plementation of the Design Concept Report, and WHEREAS at no cost to the Town of Marana's general fund, the Design Concept Report shall be separately contracted by the Town of Marana and paid for with Regional Transportation Au- thority funds; and WHEREAS the Mayor and Council of the Town of Marana find that entering into this inter- governmental agreement is in the best interests of the citizens of Marana. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL, OF THE TOWN OF MARANA, that the intergovernmental agreement between the Town of Marana, the Town of Oro Valley, and Pima County attached to this resolution as Exhibit "A" and incorporated herein by this reference is hereby approved, and the Mayor is authorized to execute it for and on be- half ofthe Town of Marana. Regulq~~~~~~i~6~,x ~1, 2009 -Page 42 of 145 _ ] _ IGA Tangerine Road Corridor IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and au- thorized to undertake all other and further tasks required or beneficial to carry out the terms, obliga- tions, conditions and objectives of the intergovernmental agreement. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21St day of July, 2009. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regulq~~~~~~i~6~ly~ ~1, 2009 -Page 43 of 145 _ 2 _ IGA Tangerine Road Corridor RESOLUTION AND ORDER N0.2449 - ~~ RESOLUTION OF THE PIMA COUNTY BOARD OF SUPERVISORS APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA, THE TOWN OF ORO VALLEY AND PIMA COUNTY FOR TAE DEVELOPMENT AND IMPLEMENTATION OF A DESIGN CONCEPT REPORT FOR THE WIDENING OF TANGERINE ROAD BETWEEN INTERSTATE 14 AND LA CANADA DRIVE, {DLSTRICTS 1 & 3) WHEREAS, The Town of Marana, the Town of Oro Valley and Pima County desire to enter into and Intergovernmental Agreement to obtain a Design Concept Report regarding the construction of roadway improvements on Tangerine Road from Interstate IO to La Canada Drive (Project}, and WHEREAS, The Town of Marana will be the "Lead Agency" for the development and implementation of the Design Concept Report, and WHEREAS, at no cost to the County, the Design Concept Report shall be separately contracted for by the Town of Marana and paid for with Regional Transportation Authority funds, and WHEREAS, all parties to the Intergovernmental Agreement shall have input into the Design Contract Report, and WHEREAS, the Pima County Board of Supervisors has determined it to be in the best interest of the County to enter into the Intergovernmental Agreement with the Town of Marana and the Town of Oro Valley for implementation of the project, NOW, THEREFORE, UPON MOTION DULY MADE, SECONDED AND C,A.RRIED, BE RESOLVED THAT: 1. The Intergovernmental Agreement with the Town of Marana, Town of Oro Valley and Pima County for the addition of the Design Concept Report regarding the construction of roadway improvements on Tangerine Road from Interstate 10 to La Canada Drive is hereby approved. 2. The Chair of the Board is hereby authorized and directed to sign the agreement on behalf of the Pima County Board of Supervisors. 3. The various officers and employees are hereby authorized and directed to perform all acts necessary and desirable to give effect to this Resolution. PASS ADOPTED AND APPROVED this PIMA C BO F O t Chairman of the Board / 16/09 61 tF~ day of June 2004. ATTEST: _ _. Clerk of the Board Appr ed a o orm: De uty ou A orney Regular Council Meeting -July 21, 2009 - Page.44 of 145 EXHIBIT A RESOLUTION NO. (R) 09- 22 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF 012.0 VALLEY, ARIZONA, AUTIIOItIZING AND APPROVING AN INTERGOVERNMIiNTAL AGREEMENT BETWEEN THE TOWN OF ORO VALLEY, -THE TOWN OF MARANA AND PIMA COUNTY FOR A DESIGN CONCEPT REPORT REGARDING THE CONSTRUCTION ~ QF ROADWAY Ii1'IPROVEMENTS ON TANGERINE ROAD ~ BETWEEN INTERSTATE 10 AND LA CANADA DRIVE .. W1EiEREAS, ~tlie Town of Oro Valley is a political subdivisiari of the State of Arizona vested with ail associated rights, privileges arid benefits and is entitled to the immunities and exemptions granted municipalities and political subdivisions under the Constitution and laws of the State of Arizona aril the United States; and WHEREAS, pursuant to.A.R.S. § 1 i-9S2, the Town of Ora Valley, the Town of Marana and Pirna County are authorized to enter into Intergovernmental Agreements for joint and cooperative action; and t WHEREAS, pursuant to A.R.S. § 9-27b, the Town is authorized to Iay out, mauatain, control and manage public roads within its jurisdictional boundaries; and WHEREAS, the Town of Oro Valley, the Town of Marana and Pima .County desire to enter into an Intergovernmental Agreement to obtain a Design Can~ept Report regarding the construction of roadway improvements on Tangerine Road from Interstate I-IO to La Canada Drive; and WHEREAS, all parties to the Intergovernmental Agreement shall have input into the Design Concept Report; and 'WHEREAS, at no cost to the Town, the Design Concept Report shall be separately contracted for by the Town of ~ Marana and paid far with Regional Transportation Authority funds; and WHEREAS, it is in the best interest of the Town of Oro Valley to enter into the Intergovernmental Agreement, attached hereto as Exhibit "A' ;with the Town of Marana and Pima County to obtain. a Design Concept Report regarding the constructiog of roadway iumprovements on'I'angerine Road from Interstate I-10 to La Canada Drive. Regular Council Meeting -July 21, 2009 -Page 45 of 145 EXHIBIT A CADavmews mQ Sgliagsltg~rcaYonl SeltoigalTempmryLUe[oalFikalOLKllitetolation.doc . Town oCOm Vylq AUOmry'c Otfis'lW020?A9 THEREFORE, BE IT RESOLVED, by the Mayor and Town Council of the Town of Oro Valley, Arizona that: - 1. The Intergovernmental Agreement, attached hereto as Exhibit "A". and incorporated herein by this reference, by and between the Town of Oro Valley, the Town of Marana and Pima County far a Design Conceit Report regarding the construction of roadway improvements on 'Tangerine Road from Interstate I-IO to La Caiiada~Drive is hereby approved. . 2. The Mayor and any other administrative officials are hereby .authorized to take such steps riecessary to execute and implement the terms of the Intergovernmental Agreement. PASSED AND ADOPTED by the Mayor and Town Cow~cil of the Town of Oro Valley, Arizona thisbttday of ~Y .2009. - . TUWN OF ORO VALLEY ATTEST: ~. ~~~~; Ka n E. Cavelier, Town Clerk Date Regular Council Meeting -July 21, 2009 -Page 46 of 145 Paul H. Loomis, Mayor APPROVED AS TO FORM: Tobin Rosen, Town Attorney :~~~s.~S~,~,m~~~3F~~,Q,~,~3,~XHIBIT A ~1~~~6~1 Date Foss ofQro Vatity Ammey's OffjcdnlD20409 EXHIBIT "A" Regular Council Meeting -July 21, 2009 -Page 47 of 145 EXHIBIT A CiAa mts cad SaticgspgatdalLaca15e1tNydTaopmatl lousoetFileslOGStkwaolu@m.cnc 'lawn of4ko ValkY Anuom:Y'c02D2o9 ~ GU~ITR~GT ~ H0..,l~~oy~•d~o~ Ti~4s 11UI1fif18't rfltiJ;~ ,1;E1r.«~C ~n all 111Ygi~~. t'enr''aiagiJtrl~{C`Iltif: r~l'~d dOU~Ffilt;il~~ ~hri'~~if111T~j t`4 ~~FBS Cr{jf}t~CI Intergovernmental Agreement between the Town of Marano, the Town of Oro galley and Pima County, Arizona, for the production of a Design Concept Report for the widening of Tangerine Road between Interstate 10 and La Canada Drive This Intergovernmental Agreement {"IGA") is entered into by and between the Town of Marana, an Arizona municipal corporation, hereinafter referred to as "Marana"; the Town of Oro Valley, an Arizona municipal corporation, hereinafter referred to as "Oro Valley'.', and Pima County, Arizona, a political subdivision of the State of Arizona, hereinafter referred to as "County", all three of which are collectively referred to as the "Parties". RECITALS WHEREAS, Marana, Oro Valley and County may contract for services'and enter into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11- 952; and WHEREAS, Marana and Oro Valley are empowered by A.R.S. § 9-240 to enter into this Agreement and have by resolution, copies of which are attached hereto and made a part hereof, resolved to enter into this Agreement and have authorized the undersigned to execute this Agreement on behalf of Marana and Oro Valley, respectively; WHEREAS, the Parties wish to enter into this Agreement for the purpose of generating a Design Concept Report, or DCR, for the design and construction of roadway improvements to Tangerine Road from Interstate 10 (I-10) to La Canada Drive and to • cooperatively select an engineering consulting firm for that purpose; and WHEREAS, funding for the DCR shall be provided by the Regional Transportation Authority {RTA); NOW, THEREFORE, in consideration of the mutual covenants axed agreements hereinafter set forth, the Parties agree as follows: l Regular Coun~~ Meetingd 7uTy-2~~~~9 -Page 48 of 145 EXHIBIT A AGREEMENT I. Purpose. The purpose of this Agreement is to set forth the responsibilities of the Parties regarding the joint and cooperative effort between MARANA, ORO VALLEY and COUNTY to produce a Design Concept Report (DCR} for the design and construction of roadway improvements to Tangerine Road from Interstate 10 (I-10) to La Canada Drive and to cooperatively select an engineering consulting firm far that purpose. II. Scope of Work. This Agreement is applicable only to the tasks contained herein and shall not be extended to any other work regarding construction or maintenance~of the project identified in the DCR. The selected Consultant shall do all things necessary to produce the Design Concept Report more specifically described in the attached Exhibit A. III. Selection of Consaltant. The work that is to be performed under this Agreement shall be completed by an engineering consulting firm, hereinafter referred to as "Consultant," which shall be selected by a Selection Committee Panel consisting of not less than three or more than five members, hereinafter referred to as the "Panel". a. All Parties shall agree upon the number of Panel members prior to the formation of same. Each of the Parties shall have one (1}member each. Another member of the Panel may consist of an individual from a private professional engineering consulting firm, and shall possess a Professional Engineering License issued by the State of Arizona at the time of the formation of the Parcel, or be a certified member of the American Institute of Planners {AICP) at the time of the formation of the Panel. The selected member of the private consulting engineering firm shall be selected based upon a consensus of the Parties.. The private Consultant shall not have the night to be selected as the Consultant to perform the.said work as described herein or as provided by the formed Panel hereinafter. If decided upon by all parties, a fifth member of the Panel shall consist of a member of another local municipal corporation within the State of Arizona. b. The Panel shall decide upon selection criteria and associated rating(s) prior to the advertisement. for the Solicitation of Qualifications for the project. The Panel shall rate each Consultant based upon the agreed criteria and rating system. The three highest scoring Consultants maybe _ selected for an interview, unless the Panel has compelling rationale and unanimously agrees that an interview is not necessary. If an interview is .necessary, the Panel shall agree upon the questions, presentation criteria and time frame, and rating associated with same prior to the interviews. The Panel shall determine prior to.the interview, if one is determined to be required, how the selection of the Consultant will be determined for 2 Regular Council Meeting_-July 21, 2009 -Page 49 of 145 EXHIBIT A passible award, i.e., total points accumulated to date or based solely on the interview evaluation rating system. c. If any member of the Panel is removed or becomes ineligible due to change of employment, by means of conflict of interest, or any other reason prior to the selection of the Consultant, the Panel at its sole discretion may either replace the panel member with a unanimous vote with another member of the same jurisdiction or agency as the departing member, or may choose not to replace the departing member. It will be at the pleasure of the Panel to decide if the panel member will be replaced. If a decision is not reached as to how the departing member is to either be replaced or omitted from the selection process, the Panel shall be disbanded, and the selection of a new Panel shall be selected with the same criteria as' described herein. The new Panel shall restart the selection process of the Consultant. d. .After the selection of the ,Consultant, the Panel shall be disbanded and shall not be affective for any part of the project hereafter, except if individuals from the Panel are involved in the project individually. e. After the selection of the Consultant, all Panel shall agree upon the Consultant's liability insurance requirement(s), detailed scope of work and possible cost to perform the work. The Consultant shall provide the scope and cast proposal and Marano shall distribute it to all Parties. Comments, changes and revisions shall he provided to the Consultant for inclusion andJor exclusion of the Scope of Work. All Parties shall be signatories to the final Scope and Cost of Work that is to be performed. If Change . Orders are necessary as revisions to the Consultant's original scope of . work, the municipality that directed the Change Order will be. responsible for obtaining additional-RTA funds for the cost associated with the Change Order. If a Change Order is required and affects alTParties, then all Parties shall be signatories to the Change Order. The Parties signing this change order shall identify and describe the cost sharing and funding mechanisms of the Change Order prior to the execution of the Change Order. IV. Responsibilities of the Parties. 1. Marano shall: A. Take the lead management role. B Shall be the lead agency for the solicitation, final selection and management of the Consultant. C. Shall be the lead agency for funding the DCR through a separate agreement between Marano and the RTA. D. Shall appoint one person from Marano to be on the Consultant's Selection Panel to work collectively and cooperatively with other Parties to select additional Panel member(s) as maybe determined. Regular Council Meeting -July 21, 2009 -Page 50 of 145 EXHIBIT A 2. Oro Valley shall: A. As ata associate participant, provide input and direction as to haw the Project as it relates to the DCR will progress and how it will be performed within the jurisdiction of Oro Valley and shall provide review services for the performed progress submittals and final submittal of the DCR. B. Appoint one person from Oro Valley to be on the Consultant's selection Panel to work collectively cooperatively with other Parties to select additional Panel member(s) as may be detennined. 3. County shall: A. As an associate participant, provide input and direction as to how the project as it relates to the DCR will progress and how it will be perforned within the jurisdiction of Pima County and shall provide review services for the performed progress submittals and final submittal of the DCR. B. Appoint one person from County to~be on the Consultant's Selection Panel to work collectively and cooperatively with other Parties to select additional Panel members} as maybe determined. V. Termination. Any Party to the Agreement may terminate this Agreement for any reason by providing written notice of such termination to the other Parties. Any such termination shall not relieve any Party from liabilities or costs already incurred under this Agreement. VI. Non-assignment. The Parties to this Agreement shall not assign its rights under this Agreement to any other Party. VII. Amendment(s). This Agreement maybe, altered, amended, changed or modified by a duly executed instrument signed by all Parties. VIII. Construction and Interpretation. All provisions of this Agreement shall be construed to be consistent with the intention of the Parties as expressed in the recitals hereof. IX. Severabi[ity. In the event that any provision of this Agreement or the application thereof is declared invalid or void by statute or judicial decision, such action shall have no effect on other provisions and their application, which can be given effect without the invalid or void provision or application, and to this extent the provisions of the Agreement are severable. In the event that any provision of this Agreement is declared invalid or void, the Parties agree to meet promptly upon request of the other Party in an attempt to reach an agreement on a substitute provision. X. Conflict of Interest. This Agreement is subject to the provisions of A.R.S. § 38- 511, which provides for cancellation by a public body in certain instances involving conflicts of interest: 4 Regular Council Meeting -July 21, 2009.- Page 51 of 145 EXHIBIT A XI. Ownership of Improvements. Ownership and title to all materials submitted and performed as part of tlus DCR pursuant to this Agreement shall automatically vest equally in the Parties upon completion of the Project. XII. Legal Jurisdiction. Nothing in this Agreement shall be construed as either limiting or extending the legal jurisdiction of MARANA, ORO VALLEY or COUNTY. XIII. No Joint Venture. It is not intended by this Agreement to, and nothing contained in this Agreement shall be construed to, create ariy partnership, joint venture or employment relationship between the Parties or create any employer-employee relationslp between Marana, Oro Valley, andlor County employees. The Parties shall not be liable for any debts, accounts, obligations or other liabilities whatsoever .of the other, including (without Imitation) the other Party's obligation to withhold Social Security and income taxes for itself or any of its employees. IXV. No Third Party Beneficiaries. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this. Agreement or effect the legal liability of the Parties to the Agreement by imposing any standard of care different from the standard of care imposed by law. XV. Compliance with Laws. The Parties shall comply with all applicable federal, state and local laws, rules, regulations, standards and executive orders, without limitation to those designated within this Agreement. . A. Anti-Discrimination. The provisions of A.R.S. § 41-1463 and Executive .Order Number 99-4 issued by the Governor of the State of Arizona are incorporated by this reference as a part of this Agreement. B. Americans with Disabilities Act. This Agreement is subject to all applicable 'provisions of the Americans with Disabilities Act (Public Law 101-336,42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. XVI. Waiver. Waiver by any Party of any breach of any term, covenant or condition herein contained shall not be deemed a waiver of any other term, covenant or condition, or any subsequent breach of the same or any other term, covenant, or condition herein contained. XVII. Notification. All notices or demands upon any Party to this Agreement shall be in writing, unless other forms are designated elsewhere, and shall be delivered in person or sent by mail addressed as follows: MARANA TOWN OF ORO VALLEY Barbara Johnson General Manager, Public Services 5 Craig Civalier, P.E. Town Engineer Regular Council Meeting -July 21, 2009 -Page 52 of 145 EXHIBIT A Town of Marana Tawn of Oro Valley 11555 W. Civic Center Drive 11040 N. La Canada Drive Marana, Arizona 85653 Oro Valley, Arizona 85737 Cc: Frank Cassidy Cc: Tobin Rosen Town Attorney Town Attorney Town of Marana Town of Oro Valley 11555 W. Civic Center Drive 11004 N. La Canada Drive Marana, Arizona 85653 Ora Valley, Arizona 85737 PIMA COUNTY Priscilla Cornelio, P.E. Director, Department of Transportation F.ima County 201 N. Stone Avenue, 4`h'floor Tucson, Arizona 85701-1207 Cc: Hal Gilbreath Courity Attorney Pima County 32 N. Stone Avenue, Suite 2100 Tucson, Arizona 85701-1412 XIX. Remedies. Any Party to this Agreement may pursue any remedies provided by law for the breach of this Agreement. No right or remedy is intended to be exclusive of any other right or remedy and each shall. be currzulative and in addition to any other right or remedy existing at law yr in equity or by virtue of this Agreement. XX. Entire Agreement. This instrument constitutes the entire Agreement between the Parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and .understandings, oral or written, are hereby superseded and merged herein. Regular Council Meeting -.July 21, 2009 -Page 53 of 145 IN WITNESS WHEREOF, the Town of Marana, the Town of Oro Valley and Pima County have caused this Agreement to be executed by the Mayor and Council of the Town of Marana and the Town of Oro Valley, upon resolution of the their respective Mayor and Council, and by the Chairman and Board of Supervisors of Pima County upon resolution of said Supervisors and attested to by the Clerk of the Town of Marana, the Clerk of the Town of Oro Valley and Clerk of the Board of Supervisors of Pima County TOWN OF MARANA Ed Honea, Mayor ATTEST: Jocelyn C. Bronson, Town Clerk Date: . PIMA C;liatnnan, Board Supervisors U N 16 2009 ATTEST: Lori Godoshian, Clerk of the Board JUN 16 2009 Date: Regular Council Meeting -July 21, 2009 -Page 54 of 145 TOWN OF ORO VALLEY .Paul H. Loomis, Mayor ATTEST:. i't ~ ~• Ka yn E. Cuvelier, Town Clerk Date: _ ~K°-~ / ~ , Y4~ 7 EXHIBIT A INTERGOVERNMENTAL DETERMINATION Pursuant to A.R.S. § 11-952, the a#torney for the Town of Marana, Town of Oro Valley, and Pima County hereto have determined, for their respective clients, that the foregoing Agreement is in proper form, and is within the powers and authority granted under the laws of this State. MARANA TOWN OF ORO VALLEY Tobin Rosen, Town Attorney . Date:•~L~b°~ -r--- Frank Cassidy, Towii Attorney Date: • PIMA COUNTY Deputy County Attorney Date: ~ •` 76 • ~~ Regular Council Meeting -July 21, 2009 -Page 55 of 145 EXHIBIT A: SCOPE OF WORK The selected consultant shall do all things necessary to produce the Design Concept Report, which shall included, but not be limited, to the following elements. A. Traffic Impact Analysis. B. Access Management Report. C. Level of Service analyses for roadway segments and intersections. D. Geometric and operational requirements (including, but not limited to: number of lanes [turn-lane needs (left, right or combinations thereof), through lanes], lane widths, and signalization needs. E. Cross Sections of Roadway Requirements: i. MAR.ANA's approved cross section(s) shall be utilized between I-10 and MARANA's eastern jurisdictional limits. ii. A transition section will be utilized between MARANA's eastern jurisdictional limits and ORO VALLEY's western jurisdictional limits. iii. ORO VALLEY's approved cross section(s) shall be utilized between the western ORO VALLEY jurisdictional limits and La Canada Drive. F. Right(s)-of--way and easement(s), existing and proposed, associated with the roadway improvements. G. Multi-Modal needs of the roadway as directed by all parties involved, including: i. Public transit pull-outs. ii. Paved multi-use path. iii. Multi-use lanes. iv. Sidewalks H. Drainage needs for the proposed design. i. Sizing of drainage facilities to also be determined based on recommendations resulting from wildlife crossing evaluation that is to be performed in conjunction with the overall project development. I. Utility. adjustments, relocations, abandonments in place, removals, and new construction requirements. J. Environmental and Archaeology, including: i. Wildlife Linkages Study -determine appropriate locations and sizes for wildlife crossings to make sure they are consistent with Marana's Preliminary Habitat Conservation Plan. ii. Sonoran Desert Conservation Plan on Tangerine Road Scenic Corridor Overlay District. iii. Clean Water Act, Section 404 - complete a jurisdictional delineation and other preliminary compliance documents. iv. Archeology -complete an archaeology study and other preliminary archaeology work along with recommendations associated therewith. K. Provide a probable Estimate of Construction Costs} for the roadway improvements with discussions relative to escalation of cost(s) with respect to out years. Regular Council Meeting -July 21, 2009 -Page 56 of 145 EXHIBIT A R ~ ~ ~ `~ a og <a~~.~ ~~~~ ~ e.da.~Ld~~`obee ~wUS111~~~g~~ . ~8~ S~Eg~ ° s-=@ °o ~~~~ ~' 08 m9o ~~ ~~m~ o ~~s~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, July 21, 2009, 7:00:00 PM To: Mayor and Council Item C 5 From: Jane Fairall ,Deputy Town Attorney Strategic Plan Focus Area: Recreation Subject: Ordinance No. 2009.15: Relating to Parks and Recreation; amending Title l 3 of the Marana Town Code, Section 13-1-3, to prohibit smoking within 25 feet of any athletic field, athletic facility or children's play area in Town parks; and establishing an effective date Discussion: This item was presented to Council for its consideration by Parks and Recreation Director Tom Ellis at the June 23, 2009 Council meeting. At that time, Council voted to direct staff to bring this item back for adoption. Recently, Parks staff has received numerous complaints regarding spectators smoking adjacent to the ball fields while watching little league games. Players, coaches, and other spectators were complaining that breathing the second hand smoke was uncomfortable and a possible heath risk to the children playing ball. Parks staff consulted with the Legal Department to determine the best way to prohibit smoking at athletic fields. The Legal Department suggested the best approach would be to amend the Parks regulations found in Title 13 of the Town Code. At the regular meeting of the Parks and Recreation Citizen's Advisory Commission on April 16, 2009, staff presented members of the commission a draft recommendation to amend the Town Code, Title 13, Section 13-1-3 Use and Occupancy Rules, so that smoking was unlawful within 25 feet of an athletic field. The recommendation of the Parks and Recreation Citizen's Advisory Commission was to prohibit smoking within 25 feet of not only athletic fields and athletic facilities, but also children's play areas. The draft ordinance presented on June 23 did not include the prohibition regarding smoking near children's play area, but that language has been added to the ordinance presented tonight for adoption. As with all other conduct prohibited under Section 13-1-3, a violation of this ordinance would be a criminal offense, specifically a class 1 misdemeanor. ATTACHMENTS: Name: Description: Type: ^ O..rd_m re._S.moking_n parks (00014171-4),_DOC.. Ordinance Ordinance Staff Recommendation: Staff recommends approval of the amendment to Section 13-1-3 of the Town Code to prohibit smoking Regular Council Meeting -July 21, 2009 -Page 58 of 145 within 25 feet of athletic fields, facilities and children's play areas. Commission Recommendation - if applicable: The Parks and Recreation Citizen's Advisory Commission unanimously recommends approving the addition to the Town Code. Suggested Motion: I move to adopt Ordinance No. 2009.15, amending Title 13 of the Marana Town Code, Section 13-1-3, to prohibit smoking within 25 feet of any athletic field, athletic facility or children's play area in Town parks; and establishing an effective date. Regular Council Meeting -July 21, 2009 -Page 59 of 145 MARANA ORDINANCE. N0.2009.15 RELATING TO PARKS AND RECREATION; AMENDING TITLE 13 OF THE MARANA TOWN CODE, SECTION 13-1-3, TO PROHIBIT SMOKING WITHIN 25 FEET OF ANY ATHLETIC FIELD, ATHLETIC FACILITY OR CHILDREN'S PLAY AREA IN TOWN PARKS; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS the Town Council is authorized by A.R.S. § 36-601.01 to adopt ordinances and regulations regarding smoking on Town property and in Town facilities; and WHEREAS the Town Council finds that the regulations established by this ordinance are necessary for the public health, safety and general welfare of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Paragraph A of Section 13-1-3 of the Marana Town Code, setting forth unlawful activities in any town park, is hereby revised by adding new subparagraph 18, as follows: 18. Smoke within 25 feet of any athletic field, athletic facility or children's play area. For purposes of this subparagraph 18, to "smoke" means to inhale, exhale, burn, carry or possess any lighted tobacco product, including cigars, cigarettes, pipe tobacco and any other lighted tobacco product. SECTION 2. This ordinance shall become effective on the thirty-first day after its adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 21St day of July, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -July 21, 2009 -Page 60 of 145 ~~ ~~ f 1 TOGO d 4~~~Y 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, July 21, 2009, 7:00:00 PM To: Mayor and Council From: Kevin Kish ,Development Services General Manager Item C 6 Strategic Plan Focus Area: Commerce, Community Building Subject: Resolution No. 2009-112: Relating to Development; approving and authorizing a final plat for Dove Mountain Centre II Discussion: Request The applicant is requesting final plat approval of Dove Mountain Centre II a mixed use commercial subdivtsion on 38.12 acres consisting of Lots 1-7 and Common Areas "A" and "B". The final plat will allow for the ability of the sale and individual ownership of the proposed lots. History Cottonwood Properties is developing the Dove Mountain Centre II located east of the existing Dove Mountain Retail Centre commercial development. The final plat for the original Dove Mountain Retail Centre was approved by Town Council on September 19, 2006 by Resolution 2006-144. Location The site is located north of Tangerine Road and east of the existing Bashas' shopping center located at Dove Mountain Boulevard. Zonin:= The site is located within the Dove Mountain Specific Plan. The Specific Plan land use designation is Mixed Use Commercial (MUC) which allows commercial and residential uses. Transportation The prtmary access to this development will come from Tangerine Road via two private roads, the existing Dove Centre Road as well as the new Mountain Centre Road. This project will also be able to access Dove Mountain Boulevard via Dove Centre Road through the Bashas' shopping center. With this final plat 125 feet of land along the southern boundary of the project will be dedicated to the Town as right-of--way for Tangerine Road. ATTACHMENTS: Name: Description: ^ Resolution 2009-xx D..ov..e. Mountain Retail Centre II FP.doc Resoiutian Type: Resolution ^ DMC IL_Application.pdf Application Backup Material Regular Council Meeting -July 21, 2009 -Page 61 of 145 ^ DMC II_Location_Map.pdf Location Map ^ Plat,.pdf DMG 11 Final Plat Staff Recommendation: Backup Material Backup Material Staff finds that the final plat is in compliance with the Dove Mountain Specific Plan, the Marano Land Development Code, and the Marano General Plan. Staff recommends approval of this final plat. Suggested Motion: I move to approve Resolution No. 2009-112, approving and authorizing a final plat for Dove Mountain Centre II. Regular Council Meeting -July 21, 2009 -Page 62 of 145 MARANA RESOLUTION N0.2009-112 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A FINAL PLAT FOR DOVE MOUNTAIN CENTRE II WHEREAS, the Dove Mountain Specific Plan was approved by the Town Council on March 28, 2000, as Ordinance 2000.04; and WHEREAS, Cottonwood Properties, has applied for a Final Plat for Dove Mountain Centre II , a 7-lot mixed use commercial development on 38.12 acres, including Lots 1-7 and Common Areas "A" and "B", and is generally located north of Tangerine Road and east of Dove Mountain Boulevard, within a portion of Section 36, Township 11 South, Range 12 East; and WHEREAS, the Town Council, at their regular meeting on July 21, 2009, determined that the Dove Mountain Centre II final plat should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Dove Mountain Centre II Final Plat is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21st day of July, 2009. ATTEST: Mayor Ed Honea Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -July 21, 2009 -Page 63 of 145 I'~Af~~4~1~ /' 1 `~ ~~ .~ y._--~ ~ PLANNING & ENGINEERING APPLICATION 1. TYPE OF APPLICATION fCheckOne ^ Preliminary Plat [Final Plat ^ General Plan Amendment ^Variance ^ Development Plan ^ SWPPP ^ Landscape Plan ^ Native Plant Permit ^ Specific Plan Amendment ^ Conditional Use Permit ^ Rezone/Specific Plan ^ Annexation ^ Significant Land Use Change ^ Minor Land Division ^ Water Plan ^ Improvement Plan (specif~yne in Description of Project box*1 ^ Other 2. GENERAL DATA REQUIRED _ _ _ Assessor's Parcel ~ 8 ~ ~ ~ 4 ~ ~ General Plan Designation ~ / ~ Number s) - To be confirmed b sta Gross Area (Acre/Sq. Ft.) ~ `~ . f 7. ~G I , ro 6a ~ `1 5 0 ~ Current Zoning To be confirmed b staf ~ }~ ~ M U G Development/ProjectNarne 9 ~ U ~ ~,,, p V tt'I,~F i ~t Gl; !-~ T (L~ Proposed Zoning 5 ~ _ (`'t U ~ Project Location ;~~R-T,~,, fir- `~I'cN Ca !i R L hl G R-©. ~~ W t . DO tJ ~ MT f3 t.U i7 f' fiE~ n.~ . 4 e d EST - DescriptionofProject* A ~~IZTtv-.i o~ TAE St~2 a(°' Tt+E 512 of St; LTteN 36 I I(S R.( Property Owner 12 ~ '` /.~ l., tk tJ n CD az C~ ©Z fa -(- t b t~-1 Street Address ~~ ~ -Z ,~ . ~ v N ~ ~ S ~ ~ ~ , ~ 2 i of City State Zip Code Phone Number Fax Number --£-l~ail•Addr€ss~ t~tT~'- c-T ~T~ G Sb +a It Z g ~j`j l g, 2GI~! ^ ~ 5'1 '1- 2ajg } ~((,,L {-{-~ l,L t l~l ~.. t~..l E~rtaetPersrni ~'~ ~ Phone Number / E-mail b~21~iv~ct.a~@.co4~fovt ood r ~r~'c5 . e©v~,-t Applicant C.e,°}'--(bt,.~ V+1oOQ ~ 20i~~Pt"[ }~ S Street Address '~Gj ~,'? ~ , SV },(ll,t,~ UR . ~ City State Zip Code Phone Number Fax Number -Mail Address ~'u ~-S a e~.~ ~ ~. S S°1 1 ~ 2~ °1- $4'2 4 57'i - 2 ~R t `~-• 2 5 2 be ~!~ Contact Person Phone Number / E-mail Pill N'd(ltn~.vt Agent/Representative ~~ w ~~(~ ~NE~~-}~~ ~G Street Address ~~~o ~ ~ T~NaIUE u~rzrn~ ~ ~ ~~- City State Zip Code Phone Number Fax Number ~~T's~~-T U~,~a~ ~Z ~S~t~ 'L`~6-85~F4 2~G-2'3~~ ~~1ZC'~C~ !-t~~r~S6t~t ~~ c ~`at. Town of Marana Business ~j(~V' (r)~,Z? L7 t.~1 ~~ 1 rl ~-~/'~ n ~ ~'~ License No. 3. AUTHORIZATION OF PROPERTY OVF'NER 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 writine by the owner to file this application and checklist. (If not owner of r~ cord, attach writt~n authorization from the owner.) ~~ ~ ~~~~..~.,.~ F '~' I~z~t~%°t ~ ~ l ~~~ G~,, l . j ~ , y pp ~~ `` ,,~~ ii [ { p .tom Date Print Name of A licant/A ent Si ~ ature 11555 W. Civic Center Drive, Bldg. A2^Marana, AZ 85653-7003^Telephone (520) 382-2600^Fax (520) 382-2641 Print Form Regular Council Meeting -July 21, 2009 -Page 64 of 145 ., _, ~ ~~ Dove Mountain Centre II F ~. r -~=~_~ -= 5 ^~~ ~ }: ':. - l 8 ~W - - . `;F CASE PRV-09014E ~ , ,~`~~ ~~:;~Mr~~, r,_ f l G a .~, t Q' N - -- ~~~ ` The Preserve O ~ W MOR G NON ~~~~ O." P N ~ N S I ~ `~G ~ 1 I _ ~O P _,~~, I ~ 5~., O - - -- ~, `~ I ~~Fl . ~ r~' 2 SHADOW-ANY---_. ~~4 I fn Q Subject Property z o Dave Mountain Vacant ~ Vacant ~ Retail Gentre 0 0 z ^ i TANGERINE~RD W • - - - -- - o o' Q~ ~ ~ ~ Y U ~ ~ O, a ---- - - - - - bN.HOLLYWOOD BL- --- ~ -- - --- - n- ' O ~ z z a co . z Request D 450 900 ft. A request for final plat approval for aseven-parcel mixed use commercial subdivision on 38.12 acres. 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, 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 correct or complete a n rt ~ da~~oU~a~~oun~~ IVl~e~inny Ic~s~~ o~c~ir~dir~ s~~al~,#n,~~ntal or consequential damages, including but not limited to time, money or goodwill, arising from the Regular .,... i.~. ~ ~ .. ~, ~l; I . . 2 A ab " .411 1 COMMON AREA 'B" tlI (OPEN SPACE) NORTH R SCALE: i" =200' ..t6 . , rf ~:. Ha ~ 1„ % ~ s MI. .TBS. `8:., ,: } I 5 ~ I ~ I , 1' .11'11 '~7 ~~ i 1 8 DEDICATK)N APPROVALS ME, 1HE UNDERSIGNED. HEREBY WMTRANT THAT WE ARE ALL AND TIE I, CLERK OF THE TOWN OF MARANA. ONLY PA0.IE5 HANNG ANY TILE INTEREST IN THE LAND SHOWN IN TITS HEREBY CERIFY THAT 1X15 PLAT WAS APPROVED BY iHF MAYOR ANU PLAT, WE CONSENT TO THE SUBDINSION OF SAID LANG IN 1HE MANNER COUNGL OF THE TOMN OF MARANA ON TIE _ DAY OF _ ,20~ SHOWN HEREON. NE HEREeY OEDICAIE TD 1HE PUBLIC ALL RIGHTS-OF-WAY SHOWN HEREON. WE HEREBY DEOICAIE TO THE TOWN OF MARANA, PIMA CWNTY, iONN CLERK NORTHWEST FIRE DISTRICT. EMERGENCY SERNCES AND ALL VTUTY COMPANIES ALL PUBUC EASEMENTS AS SHOWN HEREON FOR THE NRPOBE A,I.C.P. fJF ACCESS, INSTALLAION, ANO MANTENANCE OF PUBLIC SEWERS AND UIUTES AND OTHER USES AS OEggiATEO BY ITI6 PLAT. MARANq PLANNING DIRECTOR TOWN IJL MARANA, I1S SUCfSSSOPS~A0N0 ~gCNS,ITIEIRDEMP O~E95AVE P.E. OFFlCERS ANO ACFN15 HARMLESS FROM ANY AND ALL CUIMS FOR MARANA SUBDINSION/TOMN ENGINEER DAMAGES RELATED TO THE USE OF SAID LANDS NOW AND IN THE NTIRE DY REASON OF FLOOgNC, ROWAq:, EROSION, OR DAMAGE CAUSED BY WATER MHEIHER SURFAC[, FLOOD, OR RMNFNL IT IS FURTHER PIMA COUNTY REGdIµ WASTEWATER UNOERST000 ANO ACREEU THAT NA NRµ DRAINAGE SHAH NOT SE RECLAMATON DEPARTMENT µIERFp, DISNRBED, OR OBSTRUCTED 'MTiWT APPROVAL OF THE MMANA TOWN CWNCIL COMMgJ AREAS "A' (PRIVATE STREET) AND "8" (OPEN SPACE) PS SHOWN HEREON ARE RESERVED FOR THE PRIVATE USE ANO CONVENIENCE OF ALL OWNERS OF PROPERTY 'M1HIN THIS SUBOINSON AND ARE GRANTED AS EASEMENTS TO I1E TONN W MARANA, PIMA COUNTY AND ALL UIUtt COMPANIES Fql THE INSTALUTON ANO MAINTENANCE OF ABOVEGRWNO ANO UNDERGROUND UTUIES AND PUBUC SE'AERS. ITLE OF COMMON AREAS "A" AND '8' SHALL BE VESlEO IN AN ASSOGAION OF INOINOUAL PARCEL OWNERS AS ESTAaLISNID BY COVENANTS, CONDITONS AND RESTRICIONS RECORbEO IN DOCKET 10860 AT PAGE 1083 AS SUPPLEMENTED BY THAT CERTMN SUPPLEMENTAL OECURATOH RECORON IN DOCKET AT PAGE _ IN THE OFFICE OF 1HE PIMA COUNTY RECORDER. EACH ANp EVERY LOT OWNE0. WITHIN 1FE SUBDINSION SHALL BE A MEMBER OF 1HE ASSOgAIGN, WHICH MILL ACCEPT ALL RESPONABILTIY FOR THE CONTRIX, MAINTENANCE. SµEtt, AND LABILITY 6 COMMON AREAS "A' AND "B' WITHIN THIS SUBDINgON, AS SIIONN RECORDg'Ki INEREDN. LAWIER'S T'RE OF ARRONA, INC., AN ARI20NA CORPORATON. AS iRU51EE STATE fJf ARIZONA ) FEE UN ER TRUST No. 7005-7 AND NOT IN ITS CORPdiAIE CAPAgN. )) S5. Cd1Ntt OF PIMA N0. -( THIS INSTRUMENT WAS FlLED FOR RECORD AT TIE. REQUEST OF OP11( FFlf£R D lE ' ENGINEEPINC, LLC, ON THIS _ 20~ AT .M. IN BOOK DAY OF___._ Of MAPS AND PUTS PT ACKNOWLEDGMENIT PAGE TNE1TEOi. STALE OF ARIZONA ) F. ANN RODRIGUEZ, SS PIMA COUNtt RECORDER CWNtt OF PIMA ) qJ 1X15 ~ DAY ~ Su 2012. BEFORE ME, TE UNDERSIGNED, PERSONALLY FEARED ~BWes 7r 1d0 - WHO ACKNOWLEDGED Le>rSFiF TO BE THE 5T OFFICER Or pEPUTY GATE LAWYEpS TILE CF ARIZONA, NC., AN ARIZONA CORPORATON AND BEING AUTHOR12E0 50 1D 00, E%ECUTFD 1HE FOREGOING INSTRUMENT FOR THE PURPOSE THEREIN CONTAINED, BY W!SELF A8 TRUST OFFCER. II iUI DR ~IV.A~O. a o. ~aBd Ro ~ MY COMMI 90N E%PIRES NOTARY PUBLIC COUrvTY BENEFICIARY OF TRUST TRRST N J805-T a RITA LANG CORPORATON C/O ILL HALL IN AN B ~ s a ~ ~k ~e ~~ ~~ Bt~gscaMlpY111g5-0BiD9 M2Page BB of 145 R, DATE -~OAIE DATE DAIS GENERAL NOTES I, iHF: Cfl055 AREA OF THIS SUBDINSION IS 38.126 ACRES (1,680,)50 SO.FT.). 2 THIS SUBgnSION IS SUBJECT TO REWIpEMENTS OF TIE. DOVE MOUNTAIN SPECIFIC PLAN AS AMENDED BY ORDINANCE 2002.13, ADOPTED JULY 18, 2002, FORMERLY KNOWN AS REDHAWK SPEdFIC PLAN ADWTED IN DECEMBER 1898 (DKT. 10887, PG. 1505). 3 THE E%ISING LANG USE DESIGNATION I6 MI%ED VSE COMMERgAI. ACCORDING TO TIE DOVE MOUNTAN SPECIFIC PLAN, AND WLL REMAIN A9 GOVERNED BY THE SPECIFlC PLAN AS ADCPTEO AND AMENDED. 4. DEVELOPER MILL COVENPNT TO IIOID TOWN OF MARANh ITS SUCCESSORS AND ASSIGNS, HARMLESS IN THE EVENT OF FLOODING 5. 1HE TOTAL NUMBER OF PARCELS IS 7. B. lHE TOTM MILES OF NEW PUBLIC STREET IS 0.00 MILES 1HE TOTµ MILES OF NEW PRIVATE S112EE15 IS 0.22 MILES. T. MA%IMUM BUILDING HEIGHT: 45 FEET, 4 STORIES W OPTIONAL THEME TOWERS TO 65'. 8. MINIMUM BUILDING SE1`ACKS: A DISTANCE EWµ TO 608 OF BUILGNG HEIGHT, BUT NOT LE55 THAN 15 FEET. COMMERdAL BURDNGS ADJACENT 1b TANGERINE ROAD SHALL HAVE A MINIMUM SETBACK FROM TANGERINE ROAD RIGHT OF WAY OF 25 FEET AND NO LESS THAN 1HE HEIGHT OF THE BUILDING. 9. DEVELOPMENT STANOAR05: 1. MAXIMUM BUILDING COVERAGE: SOA AT GPOUND LEVEL 2. MINIMUM LOT AREA: NONE 3. MINIMUM LOT W101H: NONE 10. NO NRTHER SUBOINSWN OF ANY PARCEL SHOWN HEREON WILL BE DONE MiHOUT TIE WRITTEN APPROVµ OF 1HE tOMN OF MARANA AND DOVE MOUNTAN DESIGN RENEW COMMITTEE. 11. THE BASIS OF BEARING FOR THIS PROJECT 19 THE SW Ti LINE OF TIE SWTHWEST QUARTER OF SECTON 3fi, T-11-5, R-12-E ALSO BEING THE CENTERLINE Oi 7ANGFRINE ROAD RECORDED IN BOOK 7 AT PAGE 83 OF ROAD MAPS AS SHOWN ON TIE FMAL PLAT OF DOVE MOUNTAIN RETML CENTRE AS RECgiDEO IN BOOK et AT PAGE 70 OF MkP. SMO BEARING BEING N89'SB'1B"W. * 12 BASIS OF ELEVAION FOR 1X16 PROJECT I6 A 2" B.GS.M. AT THE INIERSECION OF NEW SHADOW WAV AND DOVE MgJNTAIN BWLEVARD, SAID ELEVAION BEING 2574.16' (NGYD 29). 13. µl NEW U111JIE5 SERNNG 1X15 SUBgN510N WILL BE UNDERGRWND. 14. 1195 SUBOINSION 18 SUBJECT TO TIE MASTER DECLARATION OF COVENANTS, CUNDIIdVS AND RES1RICl'Ig45 FOR DOVE MWNTMN A9 RECORDED IN DOCKET 10660 PAGE 1083. 15. TIE PRORSSIONAL ENgNEER OF RECORD SMALL CERIFY AS TO TIE FORM. LINE ANO NNCIION OF ALL PPoVAIE ROADWAYS ANO DRAINAGE SiRUCNRES BEFORE 1HE RELEASE Cf ASSURANCES. I6. THE PROP05E0 USE OF 1X15 SUWINSION IS FOR MI%ED USE COMMERCIAL IXJ PARCELS 3-7 AND RESIDENTAL DEVELOPMENT ON PARCELS 1 AND 2. THE MI%EO USE STANDARDS IN 1HE DOVE MWNTMN SPECIFlC PLAN ALLOW FOR DEVELOPMENT OF 15 RESIDENCES TO THE ACRE. THE AGGREGATE AREA OF PARCELS 1, 2 AND COMMWI AREA "B" (LAND THAT IS ALLOW7]1 TO BE DEVELOPED AS MEDIUM DENSITY flEgOENTAI) IS 24.N ACRES, 60 NO MORE THAN 388 RESIDENTµ UNHS ARE PERMITTED WITHIN PARCELS 1 AND 2. NO 07HER IPANSFER ~ RESIDENTAL UNITS IS PERMITTED WTIOUT A OETERMINATON BY THE TOWN Oi MARANA THAT TIE TRANBFER IS CONSISTENT PATH TIE PRONStONS OF THE APPROVED SPEGFlC PLAN, 17. TTE LANDSCAPING NITIIN µl PUBUC SEVER EASEMENTS SHOWN HEREON SHALL BE IN ACCORDANCE WITH THE PLANING GUIDELINES OF PC/COT STANDARD DETAIL WWM A-4. 1B. THE OWNERS t>F PARCELS 1-7 SHALL NOT CONSTRUCT ANY PERMANENT STRUCTURE (LE, MASONRY WALLS, FENCES, ETC) ON OR THROUGH 1HE PUBLIC SEWER EASEMENT WITIOUT SEPARATE WRITTEN CONSENT a THE PIMA COUNTY REgONµ WAS1EWAlER RECUMATON DEPARTMENT. 19. TIE MEA BETWEEN 100-YEAR FLOOD LIMITS REPRESENTS AN AREA THAT MAY DE SUBJECT N ROODING FROM A 100-YEAR FREWENCY ROOD AND ALL LAND R4 THIS AREA MILL BE RESTRICIEO TO USER THAT ARE COMPATBLE NTH ROOOPLMN MANAGEMENT AS APPROVED BY TIE FI..OWPLAIN ADMINISTRATOR. 20. DEVELOPMENT PLANS NLL BE ACCEPTED BY THE TOWN OF MARANA FOR PARCELS 1-7 PRIOR TO TIE ISSUANCE OF ANY PERMITS FOR IXOSE PARCELS. 21. FlRE bEPAR1MENT ACCESS ROA05 AND FlRE HYDRANTS 6UPPLYNC THE REQUIRED FlRE ROW SHALL BE APPROVED, INSTAL LEI, TFSIED AND SERNCEABIE PRIOR TO COMBUSiR1LE DDNSII(DDION ON 1X15 SITE. CERTIFICATKKJ OF PROFESSIONAL ENGINE '~ I HEREBY CERIFY THAT THE FLOOD PRONE UNITS AND EROSION HAZARD SETBAgfS SHONN ON THIS _ PUT WERE PREPARED UNDER MY DIRECTON. «~ ~ I.aRCS: 12;~1(~WI! CERTIFlCATION OF SURVEY I HEREBY CERIFY 1HAT 1HE BWNDARY SURVEY SHOYM F.e ~.+e ~y ON 1X15 PLAT WAS PERFORMED UNDER MY gRECTON AND 1HAT ALL EXISTNG AND/OR PROPOSED SURVEY p°' q MONUMENTS AND MARKERS SHOWN ME CORRECTLY DESCRIBED. I NRiHER CERIFY THAT T115 PUT WAS PREPMED UNDER MY DIRECTION. ~ [xP~R[.. oa~5,7aull WATER ADEQUACY THIS SUBOINgON LIES WITHIN AN AREA DESIGNATED AS HANNG AN ASSURED WATER SUPPLY. UTUtt GRECTOR, TOWN OF MARANA DATE CROSS REFERENCE No.fPRV03-016 PRV01-048P TOWN Oi MARANA CASE N0. PRY-OB01 AF BOOK PAGE ~LI 54/fil k8/31 NY' 0/95 .__ 49/046 2 ~55/Z2 4q NSUB, 51/58 35 1_34 ROAD 61/54 NTI 3i o a F~. 5a/82 NORTH 0 ; 51/71 ~ m i °-FAIN ~ cwuo o GT '' z STREET TF, / /UNSUB. 61 35 6 ~ ~ ~_~6 2 1 AN ROA 1 THIS upsuawnoEo PROJECT LOCATION MAP SEC110N 36, 1115, fl12E GASRBM. iOMN f)F MARANA, PIMA CWNTY, ARIZONA SCALE: 3' = 1 MILE LEGEND ® A TOYM OF MARANA STANDARD SURVEY MONUMENT IN CONCRETE, STAMPED BY A ftEgSIERED LAND SURVEYOR, TO BE SET. _ A FWND SURVEY MdJUMENT, STAMPED RLS 19833 A FOUND SURVEY MONUMENT MARKED AB NOTED ~ 1~ e A 5/e' REBAR, TAOGW BY A REGISTERED lANO SURVEYOR. 1D BE SET AT ALL LOT CORNERS. C5 CURVE NUMBER lS LDIE NUMBER ~ A SET 5/8" REBAR TAGGED RLS 26928 ~ ABET SURVEY MONUMENT AS NOlEO (R) RADIµ UNE 100 YR. FLOODPLMN UNE (FP.L) __ -- _ EROSION HAZARD SETBACK UNE (E.H.SL) "N„ SHEET NUMBER GA. COMMON AREA ~" PROJECT BENCHMARK AND LOCAION J 10' PUBLIC UILITY, ROADWAY MANTENANCE, I~ I PEDESTRIAN ACCESS, AND SIGNACE EASEMENT BY THIB PLAT FiJAL PLAT DOVE MOUNTAIN CB~ITRE 1 PARCELS 1 - 7 AND COMMON AREAS 'A' PRIVATE STREET) AND 'B' (OPEN SPACE) A ;A.EIDIVI901N OF A PORTION OF 171E S. V2 OF'11-E S V2 OP SIECITON % T 115, R 12.E GEFiR~N, TOV.N OF NAMAN7L PMA COI.NTY. AZ OPW ENGINEERING, L.L.C. ENGINEERING SURVEYING PLANNING T ~E. Tapus WMS Rmtl AT/ Arlxana BfiT6 (BZO) ZN-86N OPWN JeUI Ne. OB040-IN BOOK PAGE ~e W o`~~ <:;-;;,,I ;, 100 YEAR FLUUU-Z 0 PRONE AREA `100 ra. F.P.L. / \\I^I E.H.S.L Regular ~C' ~ ~ , RWU AND EH.BL NNE TABLE FLOOD AND EH.S.L NNE TABLE "'` Qi. ~ CJ 'S° ] WE BEARING LENGTH NNE l1EAPoNC LENGTH 62 '`T6 ~, BT Rp ' L1 N1231'S]'E J].BO' ' ' L81 162 N2]35']9"E 5268' ' ' ' ~ 'rT 70 `{9' ~ ' (~ L2 L3 N2858 E ]].45 31 ' ' ' L83 NO1 45 27 W 145.6T N ' 2'OB' 97 50' , + L ~ ~ q L4 N1251 S] E SS.JO N2838'31'E 7280' L84 OB 4 E . NOl'26'32'W 270.76' ~J "~.'NQ L9 L6 N89'19'45'E 89.14' N44'JB'21"E 50 80' L65 L68 N3535'S9'E 118.44' N65'22'42'E 94 89' ~ . . L] N2058'41'E 58.80' LG'7 N46'3]'03'E 34.83' t8 NJO'25'04'E 83,88' L88 NJ8b0'H'E 1]6.J2' L9 N30'25'04'E 85.52' L69 NJ2'4B'J]'E 280.85' Li0 N89'19'4S'E 190.94' L]0 N32'49'JYE 219.10' Lit NO8T6'42'W 13284' L71 N547T03'E 120.p1' L12 N0611'27'W 726.89' L72 N20Y3'4B'E 12J.39' L1J N25'O6'13'E 3].80' Ll3 N7JTl2'09'E ]5.02' L14 N87'48'34'W 81.55' L74 N32'51'41'F. 101.60' L15 N0991'S2'W H0.43' L]B NJ653'23'E 17].82' Ltfi N04'24'73'E 52.08' L]6 N09R8'18'E 9].70' L17 NO4'IB'S0"E 53.46' LTl N2531'S3'W 48.81' Ue N4B53'35'E 28.17 VB N07'OT58"W 128.31' L19 N03'46'56'E 124.4]` L]B N79T1'27'W 34.17' L20 N17'46'45'W 48.30' L80 N57'43'31'E 80.28' L21 N88'40'S2'E 83.20' L81 N41'29'18'E 91.08' L22 N]938'OB'E ]].29' L82 N41'29'1B'E 55.15' L23 N1356'14'E 142.54' L83 N22'43'S4'E 20.74' L24 N04V228'E 122.90' L84 N25V1'S3'W 9.42 L25 N4833'35'E 45.83' LB5 N09K8'18'E 217' L28 N0235'19'E ]8.86' L88 N3953'23'E 4].59' L2] N0258'22'E 73.59' LB] N3231'41'E 31.]{' L2B N20'Jt'14'E 403.59' L88 N01'49'Ji'W 1330' L29 N3J'1836'E 74.]0' LBB N22'J6'14'E 100.]8' LJO NI334'48'E 28.1]' LBO NM'56'31'E 146.31' L31 N44'03'40'W 77.82' L91 N40'S6'31'E 165.87' L32 NOJ'48'S8'E 121.36' L92 NJ/35'18'E 44.18' L33 N44'03'40'W 2].9]' L93 N]5Ti0'47'E 59.86' L34 N34'32'2B'E ]5.12' LB4 N4539'3B'E 150.OC L35 N34'J2'28'E 53.80' L95 N22'38'14'E 90.21' L38 N53'15'48'E 58.18' L86 N25'34'00'E 30.87' LJ] NBB2T12'E 90.71' LB] N70'00'J1'E 82.79' LJ0 N591Y48'E 85.84' LBB Ni2'J2'0]'E Jt.]5' LJ9 N21'I5'47'E 158.85' LBB N18'2B'22'W 85.55' L40 N21'/5'4TE 212.84' L100 N4434']5'E 84J0' L41 N31'53'14"E 38.18' L701 N8J'01'3B'E 33.12' L42 N56'14'S4'E 42.54' L102 N8J'01']9'E J824' L43 N58'14'S4'E 8,84' LI03 N1Y32'07'E 48.29' Lk N]1'5]'14'E 7834' L704 N313J'ib'E 78.31' L45 N21R]'SYE 86.22' LI05 N58'14'S4"E 8.84' UB N11'4J'05'F_ 4].1 B' L4] N17'12'00'W 70.35' UB N01'5]'43'W 29.81' L49 N42'41'W'E BJ.42' L50 N88'J1'21'E 20.]]' WOVE TABLE L51 Nl6'23'OB'W 53.87 CURVE RADIUS LENGTH T ANGENT DELTA L52 N01'29'11'W 111.42' C 25.00' 31.80' 18.54' 73'08'44' L53 N1Ti4'48'E 189,8]' C2 25.00' ]8.48' 22.34' 83'34'06' LB4 N33'S1'3B'E BO.BB' CJ 22J.00' 37.87' 18.98' 8'43'49' L55 N15'JO'28'E 70.43' G 200.00' 90.38' 45.96' 2533'06' LSB L57 N21'28'lt'E J8.52' N46'3TOTE 116.07 CS 177.00' 54.91' 2].68' 17'46'34' LSB N38'00'44'E 230.02' LSB N70']1'2TE 222.68' Dn9 - Juryy]2T1~,~OFD9 e~ ge 87 of 745 256,158 ep. fl. 598 Ocrea GRAPFIlC SCALE 1~n w16 M w y y ',..., NSTb\41lQNALL TAGGED JT RLS 28928 S~ ~ i \ I MAC NAIL TAGGED / ~~ / T`SO RLS 29828 ~•.. 4y. .DO \ ( I v 7100 YEAR ~ `FLOOD ) PRONE AREA EN.SL~ lyp ~~, ( , ` `I /aD ra. = ~ ~4 i ~ p T 75 ° I F.P.L 1 ' 8 tlJ~ ~ J C16`•IE h~01ii41!`d^1 Rf1'A.It... kh;'~P:E '' w4---- ------ --' 234.02' -51.02' I `A ~ ~ 1 . 333.45 N88'S8'18 ...... ~ I ~N..7) 111 1l0 7n. PA LV..t~ _. "' ~I _ 2363' J09.80 C.A. 'A" (PPoVATEJ L.z N ) I ' T~ ^ ~ SEE SHEET 4 ` T4' a - p °O- ~~~ i " ~ ,. ~. f ,' y ry ~°~ / ;5 I a `Qo NORTH SCALE: 1" =90' F6NAL PLAT DOVE MOIJ(`1TAN CENTRE II A'°, ~ , i PARCELS I - 7 AND COMMON ~9 AREAS 'A' (PRIVATE STREET) AND 0.. """ 'B' (OPEN SPACD ~ 4 A SLRDNSION OF A PORTION OF TFE 6. V2 OF' TLE S I/2 OF SECTION % T I I S. R R E, 6E£RBA4, TOWN OF MARAN4 Ervi9~s. w/s1/z511 ezPiSCS: 1 ~~1,~Jf1 PN4A COIMY, AZ. OPW ENGINEERING, L.L.C. ENGINEERING SURVEYING PLANNING O 7W5 E. Taqus Verde Ree4 AB] Tuc,ery Arhena 55)15 (S20J 295-6544 sn..1_.°. °~ _~_..._ TOWN OF MARANA CASE N0. PRV-09014E AGE BOOK PAGE_ s b 2 376,617 aq. ft. 8.65 acres SO- v o ~A 1 / r 2 `~ j ~ /T} b E.H.S. ~ la £ .// J E.H. S.L. u ~- ~ ~~ / ~ L9.- g N6 ,W6\5 //J ~ / ]~ i ~ ~J 1DO YLIR fTDaD ~ L-1oo YEAR FLOOo z' ~9/ PRONE AREA I / 1 / / PRONE AREA ~~ - / 6 H9 X97 E.H.SL--/ /°~ 0 / /~// 119\if }~ ~/ ~ M 700 YR. F.P.L~~ / 100 M. F.P.L. / 100 YR. F.P.L. r~+q, COMMON AREA "B" /yyy (OPEN SPACE) / ~'~E,11.5.L. / ~". 211 n5 gA7.10 / j 431,83 acre~aft. / ,I{ 9.97 2622 yl iIS "~~ ~ NT°A~x4~ lL PI IF;I'f41 it ..~~~~er>kAF'~NTuv NORTH ,;~ _ D. /E.H.S.L 1111Ip/ ~..~ ~1 i.P.L. \ \ Ir L ZBI i E H 5 L ---~ 1 0~ 'o 5 ~ ~ it ~ I? in N J7 J~ v Tg7N ct; °a. ~~ ~ J ¢r~FLWDR~~ If ,~ PRONE I ~~~~ay,~ \ I ~ AREA ` 1 Regular Coun~l eeting July 21, 2009 -Page 88 of 145 N w y //// \Ll T 100 YEAR ~ I r FL000 PRONE AREA I~IDa YR. I~ I F.P.L ~_ .~ _ N8959'19'W 333.43' SEE SHEET 1 ~ _ _ __ - __22061 _ L 1453' ~ ~3723'~ 45'00'41"E 22'24 / N89'5919"W N89'S8'19'W _ ]32.67 I ~ ~ g 469.12' L-40.49'~- a5256' __ 40' PUBLIC L=3996 (F9Ni)J U7NTY AND PUBLIC SEWER f ~/ I I EASEMENT BY \\ THIS PLAT hl E.H.S.L el ~ I F/ 1 ~( COMMON AREA "B" / 7 I I 10 (OPEN SPACE) / 112,663 sq. ft. 431.834 aq. fl. I 2.59 acres //j ~ 9.91 acres °J r E.H.S.L r ~ ~,/ ~7oa YEAR LLDOD %` PRONE AREA / 100 YR. F.P.L. '~ \ `66 AAA gg2A f. ~ 100 YR. F.P. y. 20 ~ 1. ~ N 1.79' `'O P 6M1.99' 417.47' 66.]M1' 5~ 45 W ft N8959'19'W 551.26' 25.00 PUBLIC UBLITY EASEMENT ., _, _., _ SEE $NEET..4 _ _ DKT. 72898. PG._1313 (TO REMAIN) / n SCALE. I -9 n 0 ~'InM~J A 1 GRAPHIC SCALE 57 65 - "' ~' - J~ , I-C r 4~ + (a I a p ~ 1 et n n ~ I.. I._ I. , \ 5:1'.? 1h So (T~~ w I :SDS e ~ 1 I A. ~i=a.or S' i~ I I I I 1 •c 1 11~t! I so7 I >a D(HS ' ''. e ,yA'Sa• r~ l I I I ~ i -' / '~ '' ~h I 0 ]L74N kRz2l fi!'+IYt -alf 1 ?ry .... ~~ -.. i _._ ,.. I. I ... .. __. .. . I ~~ 1 \ 1{: ., % I I : L-6.e4'(EHSL) I i 1} 1 4'. \~ ( 1 51I \ c ~ 1 j 51G ` 1 ~ .. r. ~ + i ~ '` 1n S11 I s1z _.~ 51 M1. 'I' ~' ~~ I 1 . , _ . ,... ,,, ,. J .. ;~, 1 I ,... . _I41 {i '.•:VL l k 'f c b~iLi'1'IAiI+ C 1r,.:l~ ~-" ~~~~ FINAL PLAT ~ DOVE MOUNTAIN CENTRE II al :;, f.Rii 1 •~"' `""° b,• ;' ~ . 9 PARCELS I - 7 AND COMMON _ AREAS 'A' (PRIVA7E STREET) AND u ~ c w"w '~~ (OPEN SPACE) A 9,1BDIVISION OF A P017110N OP T4E S V2 OF TFE 5. V2 NOTE: -- "' OF SECTION ?.6 T 115. R R E. GE6RET~1, TOWN OF MARAPIA. SEE SHEET 2 FOR LINE ~ PNM Cl'NMY. AZ ~ 1 ANO CURVE TABLES Emus, oT/T~/zoii Z°_(I cKriars:C '21 OPW ENGINEERING, L.L.C. ..._ .,.._.-.._.... _,_ __.__._. ... ..__. _._._._.~,. ..,..._._.._ .____..____._,.,_. ENGINEERING SURVEYING PLANNING O ~ Tucran, ArLaw 66]16 (620) 296-9544 nl of 4 ~ ~ xe aeo-u-19 TOWN OF MARANA CASE NO. PRY-09011 n^^~ PAGE Regular N , w ~~ ~ N89'S9'If lam m GA 'A' (P 2J.6J' o'/- 80.00' u z3 so'r ro O N /' i ~ N / R I ( ) lllllll 4.11 1 I A I l:c it ~: ~... / ~~~ ~1 +IT r'C. ~I~. >. rill 'CHISELED "%' IN h" /m ^h /M M /~~ ~y g S 50,655 sq. tt. .'l% /^' 1.16 a ree h /m / 2 /~' ,~ hh ~ / TAGGED RLS 28928 ,...... o.a °. '~,... ~ ~~i0 ~, CON ETE^%^ E.H.S.L.`, .. ,..,. ..... ..... •..~ Y N90'00'00'E 231.42' I. I ~ °< rc _. ~ IB'_ _ _ _ cRAPtuc scnLe %.r_ 1 Ix ea ) ng • July 21, 2oo9"~a'g@ fig or )as iQ \/ ~A\\T/~/ q \/56,302 aq. ft. \C. 1.29 acres IL._ . 1._JI-___ N M Wti W Ny 294.02' :a N 333.43' VATE)309.80' (46.49] 89, n.)~ "' ( n rv MO4Y. J,. ..~sg ~~ y-2ns.za^ - ~ _ `\ ryfq q 7N a Grp O f ~~ ~ I I 2S'-+~ ` (T1P.)J 100 YEAR) ~ ~c p ~ \ Ap\ / ~ 1 I r-PRQ1E MEA / ~ p ~~ / /1 / E.li.e,L. V I / Y / ~ / n / '125 (TYPJ '" I~ a / a/ / / 5 I 14 I ~ / / / 111 8,826 sq~iL 2 3.4z a~ 1$ E.I1.S.L~~ ~00 YA.,~ / F P L ' /J~~ ' ' . . w / / W 215.00 N6B39 19 1 ~, 25' (TYP,) In n z ~°'. / / °p » $ ~ 39 966 sq. ft ~ ~> 0.92 rea ~ ~Y / ^ p / ~ e/ 009 ~ ..Yy. M^I qw _L3] ~ 1Pgo E~4z E ~ N °~ "~ ' .~ j ~ U C Ual1TY AN ^ 4 SEWER ESMT, rv F.P.L y"z y 196.]1' v y v ' BY T115 PLAT 5 21' ----- LL 1p,79 5. G.P.L .zJ. ~U ~c°j 14 146.24 0 34'_ 6310 ~ N .2 $ 27.05' B I N89'S9'19'W N7J'50'00'W (R) _._._______ L-2 __R-~ 25.00' PUBLIC UWLITY EASEMENT DKT. 12698, PC. 1313 (TO REMAIN) $ W pUBIJC RIGHT THE TOWN OF MARANA aY 1HI5 P 141.133 aR, fL OR 3.24 aaee "' "' """' '""" 6A515 dF BEMINO __ _ 578_51' [ SOUTN LINE OF BECTON 3B N89591919 W NORTF LINE- OF~~ TANGERINE ROAD NOTE: SEE SHEET 2 FOR LINE AND CURVE TABLEB BOOK PAGE 10 E pluJd 1 r 'Ei" TAO a22A ~. .., .Pr,..-., o NT . ~ w I i ~ I r~ ~ I 0 i 0 ^ 0Y 58" ¢ 6 . " Iv I _ .. .._ n yr N ... ... _- -- -. _. _ _ ~ ,. r~ o h Nf. _ - I_ _ _ _ ~. 1 a• ~, " I ~~ q ............. . ' MN~ ilfl ;:1 Si: 'I s i I ~ N f N I '^ I'I ~ < I (INhiUhi ~. 1 "I)" .: (OPi:71 s~~a(c1 NORTH -~/ ~ SCALE: I" =50 W (R) P -----_ 1128.08' 1129.05' ~i, •I $Ig _ _ _ _ 6]6.03' _ _ _ _ _ _ $$aL- SOB.J3' 2637.85' FOUND 2' BRASS CAP SURVEY MONUMENT PVNCII MARK ONLY IN CONCRETE B. 1/4 COR. BEG. >B FNAL PLAT ~+`°„~ 4„~ p ,ere. . s ~ f~~ ~ DOVE MOUNTAIN CENTRE II PARCELS 1 - 7 AND COMMON AREAS 'A' (PRIVATE STREET) AND 'B' (OPEN SPACE) '"m..... A 6LIBDIVL40N OF A PORTKKN OF TFE S. V2 OF THE 5. V2 OF SECTION 36 T I 1 S R R E, 6ESREIM, TOWN OF MARANA Err~xs o~nv=o. ~ ''// cxPlnls: Ls~h~?41) PIMA COUNTY, A2 . OPW ENGINEERING, L.L.C. ENGINEERING SURVEYING PLANNING O > ~E. ra,9.•4r~• ease p7 Mzme Ib (628) 288-BSM TOWN OF MARANA CASE N0. PrtV-09014E aPw .a, ne. aeou-laa 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, July 21, 2009, 7:00:00 PM To: Mayor and Council Item C 7 From: Gilbert Davidson ,Town Manager Strategic Plan Focus Area: Commerce, Community Building, Progress and Innovation Subject: Resolution No. 2009-113: Relating to the Marana Regional Airport; repealing Marana Resolution No. 2004-129; and declaring an emergency Discussion: On August 17, 2004, the Town Council adopted Resolution No. 2004-129, authorizing and appointing the Airport Director as the Town's official representative for federal and state aviation grants. In order to provide a consistent process for processing grants town-wide, this item proposes to repeal Resolution No. 2004-129. If this item is adopted, authorization for future aviation grants will be sought from Council on an individual basis unless specific grant processing procedures are considered and adopted by the Council in the future. ATTACHMENTS: Name: Description: Type: ^ RESO repeal__reso appointing Airport Dirt11[1]._for Resolution Resolution Airport grants_(00015652j.DOC Staff Recommendation: Staff recommends approval of Resolution No. 2009-113, repealing Marana Resolution No. 2004-129. Suggested Motion: I move to approve Resolution No. 2009-113, repealing Marana Resolution No. 2004-129; and declaring an emergency. Regular Council Meeting -July 21, 2009 -Page 70 of 145 MARANA RESOLUTION N0.2009-113 RELATING TO THE MARANA REGIONAL AIRPORT; REPEALING MARANA RESOLUTION NO. 2004-129; AND DECLARING AN EMERGENCY WHEREAS A.R.S. § 28-8411 authorizes the Town Council of the Town of Marana to undertake all activities necessary to acquire, establish, construct, own, control, lease, equip, improve, maintain, operate and regulate an airport; and WHEREAS A.R.S. § 28-8413 authorizes the Town of Marana to accept and receive federal and other monies for the acquisition, construction, enlargement, improvement, maintenance, equipment or operation of an airport; and WHEREAS on August 17, 2004, the Town Council passed and adopted Marana Resolution No. 2004-129 authorizing and appointing the Airport Director as the official representative of the Town of Marana to file all paperwork and execute all federal and state aviation grants; and WHEREAS the Town Council finds that repealing Marana Resolution No. 2004-129 is in the Town's best interest. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL, OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. Marana Resolution No. 2004-129 is hereby repealed except that this repeal shall not affect the rights and duties that matured and proceedings that were begun before the effective date of the repeal. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out this resolution. SECTION 3. 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 July, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -July 21, 2009 -Page 71 of 145 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, July 21, 2009, 7:00:00 PM To: Mayor and Council Item C 8 From: Kevin Kish ,Development Services General Manager Strategic Plan Focus Area: Community Building Strategic Plan Focus Area -Additional Information: Approval of this plat will support and promote the Town of Marana's initiative to provide affordable housing opportunities for residents. Subject: Resolution No. 2009-114: Relating to Development; approving a final plat for Sydney Place lots 1 through 4, and parcel "A," and authorizing the Mayor to sign the plat on behalf of the Town as landowner and approving body Discussion: Request Town staff requests final plat approval for afour-lot single family detached home subdivision on approximately one acre of Town-owned property within the Honea Heights neighborhood. History On September 18, 2007, the Town Council adopted Resolution No. 2007-158 which approved the purchase of this property (12470 N. Whitney Lane) to develop four affordable houses for low-to- moderate income families in partnership with Habitat for Humanity. The one acre property currently has an existing house on the site that will be rehabilitated and there is sufficient land to build an additional three single family homes. Location The proposed subdivision is located on the east side of Whitney Lane, approximately a quarter mile south of Moore Road. Zoning and Lot Size The zoning of the area is "A" (Small Lot Zone). The minimum lot size is 6,021 square feet (Lot 1) and the maximum lot size is 12,541 square feet (Lot 4) with an average lot size of 7,676 square feet. Transportation Access to the existing residence on Lot 4 will be from Whitney Lane. Access to the remaining three lots will be off a new proposed public road Sydney Place. ATTACHMENTS: Regular Council Meeting -July 21, 2009 -Page 72 of 145 Hanle: Description: Tvpe: ^ Resolution 2009- XX_Syd ney_Place_FP..doc. Reso approving Sydney Place final pleat Resolution ^ PRV-08039 Applcation.pdf Sydney Place FP Application Backup Material ^ PRV-08039 Location Map.pdf Sydney Place FP Location Map Backup Material ^ PRV 080 9 Sydney Place 3 . ... . FP.pdf Sydney Place Final Plat Backup Material Staff Recommendation: Staff has reviewed the application for compliance with the Marano Land Development Code and the Marano General Plan. This final plat is in conformance with all required development regulations and conditions of zoning. Commission Recommendation - if applicable: The Affordable Housing Citizens Advisory Commission has been briefed and participated with Community Development Staff on this project. Suggested Motion: I move to approve Resolution No. 2009-114, approving a final plat for Sydney Place lots 1 through 4, and parcel "A". Regular Council Meeting -July 21, 2009 -Page 73 of 145 MARANA RESOLUTION N0.2009-114 RELATING TO DEVELOPMENT; APPROVING A FINAL PLAT FOR SYDNEY PLACE LOTS 1 THROUGH 4, AND PARCEL "A," AND AUTHORIZING THE MAYOR TO SIGN THE PLAT ON BEHALF OF THE TOWN AS LANDOWNER AND APPROVING BODY WHEREAS, the applicant, the Community Development Department of the Town of Marana, has applied to the Town of Marana for approval of a final plat for afour-lot single- family home subdivision on approximately 1 acre, including lots 1 though 4 and parcel "A," and is generally located on the east side of Whitney Lane and approximately a quarter mile south of Moore Road, within Section 33, Township 11 South, Range 11 East; and WHEREAS, the Marana Town Council, at their regular meeting on July 21, 2009, determined that the Sydney Place final plat should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Sydney Place final plat is hereby approved, and the Mayor is authorized to sign the plat on behalf of the Town of Marana as landowner and approving body. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21St day of July, 2009. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Mayor Ed Honea Regular Council Meeting -July 21, 2009 -Page 74 of 145 ~--~.-` MAI~ANA w1t\ PLANNING ~~ ENGINEERING APPLICATION 1. TYPE OF APPLICATION (Check One) ^ Preliminary Plat ®Final Plat ^ tleneral Plan Amendment ^Variance ^ Development Plan ^ SWPPP ^ Landscape Plan ^ Native Plant Permit ^ Specific Plan Amendment ^ Conditional Use Permit ^ RezoneOSpecific Plan ^ Annexation ^ Significant Land Use Change ^ Minor Land Division ^ Water Plan ^ Improvement Plan (specifytype in Description of Project bok*j ^ Other _ ____ ~_~ 2. CENI;k~L i)A l'A RF OT;IRf D Assessor's Parcel 217-49-OI10 t ~ener~i l'Ivi Designation Memdium Density Residential Number{s To be cont~rmed b staff Gross Area (AcrefSq~ Ft.} 1 acre Current Zoning A To be eon#irmed b staff) DevelapmentlProject Name Sydney Place Proposed Zoning R-6 1'raject Location 12470 North Whitney Lane Description of Pmject* Four-Lot Sub-Division Property Owner Town of Marana Street Address 11555 West Civic Center Drive City State Zip Code Phone Number Fax Number E-Mail Address Marana AZ 85653 S20.382.1909 520.3$2.1901 tvanhook@marana.com Contact Person Phone Number C E-mail T. VanHook 520.382.1909 /tvanhook@marana.com Applicant Town of Marana Street Address 11555 West Civic Center Drive City State Zip Code Phone Number Fax Number E-Mail Address Marana AZ 85653 520.382.1900 520.382.1901 tvanhook@marana.com Contact Person Phone Number / E-mail T. VanHook .520.382.1909 /tvanhook@marana.cam AgentCRepresentative Street Address City State Zip Code Phone Number Fax Number E-Mail Address Contact Person Town of Marana Business. License No. 3. AUTIiOKIZAtION OF 1'ROPER`I~Y (1WNER --- -- I, the undersigned, certify that all of the facts set forth in this application are true to the best of my knowledge and that 1 am either the owner of the property or that I have been authorized in writing by the owner to file this application and checklist. (If not owner of record, attach written authorization from the owner.) 1' t( _ f i f __ Print Name o A licant/A ent i nature ate t'o~e.lt 1 ~la~ 11555 W. Civic Center Drive, Bldg. A2^Mar MPP}11'1!1 _ . h Jv 71 allllQ _ Pana 75 Ajf 16 8ft 7! ~'~ AZ 85653-70.03^Telephone (S20} .382-260©^Fax (52Q} 382-2641 ~~ Sydney Place Final Plat CASE PRV-08x39 i "~'~ 1N MOORE RD-~--;-- 1 ~ ~ L; z A request far final plat appr©val fc3r a four-lot single family residential subdivision on 1 acre. Data Disclaimer. The Toarrf of Marana videa this m ~trcxmation `As is at ~ damages, inciud~ understanding that ig trot guaranteed to t~ aaxiuate, E~ ~ d orgy ott~re®~ partly, arty ~s ar dire~~fndtre~t spedai I ~Ibif of the per. in rso ev~ brwt tkmR~ tNrre, mon goodwili~, adsing from theme Regular Council Meeting -July 21, 2009 -Page 76 of 145 r n'. ~-.W FAFtMA.IL UK--r-- . W 'fi _- _ __ - .__ 'J z ~ N ,~ Glde Fr s l ~ ~ z o ', i ', _ _.vV FEt2ND0~+;'N DR- ~ tv -_._.-_.._.._. i _ _. ~.UVSWANSONST----•-'--, '~ ~~ ~- I ~ I ~ ~ Z m ~y i ~i ''~ ~l , i i~ z '° ~ '~ Subject Property yr --- ---- _ _ ~ ~ ~~ a i ~' I '~ a w ~ '~ ~ . " ~~~ ~ z z ~ y .. ,, ,i. o z w 'i ~ ~ '~` ~' , ~~ z i • ~ ~ '.\ ~. I ~ 1 j i ~~ ~ j ~~. ~~ ~ ~ 4'~O 2 I ~z O !y 3 ~ l- j ;s ~ Gta e F Wand i Request o 2ao aso ~. 1 THE CENTERLINE Of N1BiNEY UNE IPFR DOCKE7 84J0 PACE 711) IS DESCRIBED AS BEING 1072.78' EASTERLY AND PARAtIfI N}TN THE NEST LME OF E Nd27NNE3T 1J4 OT BECKON 3J. WHITNEY UNE IS DESCRIBED AS BEING 43.98' NTOE NNICH MEANS A 11.88' HALF RIGHT OF WAY, MiHCN OEFMES. THE EASTERLY RIGHT OE WAY LME OF' WN17HEY LANE AS BEING 109578' EASTERLY OF AND PARALLEL MEIN 7NE WEST UNE DF SAID NORTHWEST 1/4. THE PARCEL SURVEYED IS DESCRIBED AS THE 'NES7ERLY 215.00' OF ME Sp/1HWESi i/1 OF THE NORiHNEST I/1 OF BECKON J3'. N19CH BANES THE NEST LINE QF 7NE PARCEL SURVEYm PARALLEL NTiH IRE EAST LME OF SAIb SW0/NE57 I/4 ~ NORTHNESi 1/d. iHf NORBINESi CORNER a iNE PARCEL SURVEYED IS 108588' EASTERLY OF THE WEST LINE O}' 711E NORNfEASi IA 4, Regular 1 I /1 1 SYDNEY PLAICE - nls IAT 11 f hR ~gQ ~q C~ 25.._...__ ~~ g3. IAT 12 ZONED A AND THE SOUINNEST CORNER ~ THE PARCEL SURVEYED IS 1095.90' EASTERLY OF THE NEST LINE OF TfIE NORTNE ST 5 1/4, N49CH CAUSES A 0.08' TO 0.14' CAP BEINEEN iNE NEST LRTE ~" 7NE PARCEL SURVEYED M!D iNE EAST RICNT OF WWAY OF MWTNEY LANE FM ADDnTONAI SECTION INFq]MARON REFERENCE BOON 65 Of RECORDS OF SLMITY, PAGE OB, PIMA COUNTY RECQRDEFS f 2) SEE BOOK 65, RECORDS OF SUR VEY AT PAGE B FOR SECnON J3 MFORMARCN. h~ ~A ~ scu' tl~ I ZONED A I e s 9e17oe' w m66w 68.fiJ - 06.00 66,06• Te.IT' O(9 i'~ 'l~_~~- MAMifNANCF AWDA66ww~CE I MI~%.AI f40N:ARN fir [A C MS u 1 I S M 3 I •%E NOTE .1 A90V£ 8.021 90, R. A G,o]2 xl. Fi. ~ 8 6.OTT 50- Ff $ Xx ( S.W ~ ~ pU&IC Uleltt RO OwAY ~ a mI " W ~ w . . A MAlN7ENANCf Arv0 314NaGE 2 1 ' ~~95 S fa~SETMENi DEOICARD BY MW i ~ EA D6 I ~ \cr ~ '~ q ._ _ _ _ ra6v 1 ~ LT § 1 . ' ~ ~ 660' J C ~ ^ m Mab .aw N M',R'OB' E 1761>' . . 47 63' - .. 3 ZONED R-8 ~ ~ ' • SYDNEY PLACE_N MYY06_E la,.m•'s6> m .'~. . $ I .~ w ~ TS11 (PUBLIC) 6.00' N 6911'06' E ITB.TT' 6 $ + rv ~.I b z 1 ~ ~ ~I Jig. _..- . r=- -=- --- -.. --- + - F' ~ r ~ ~, j ' ' BLACK A ,., - -~-'r' NO ACCESS MI@LIC VAYiY, AOAOWAY, ~ EASEMENT NAMI[NANCE AN6 SICNAEE ! PARCEL A 8.956 S0. FT. (3H N&P 24) x 1 ~ . L a Mfur fiEmCA Rp Br nns JJ ~ /' w Py y 'per . ~ vu9ue urKerr. A6A6wgr, ' N6 access I MAWRwnvC[ Mb SICNAOE pA9FMfN10fON:AifO RY MI5 fASU4N] $ ~ 4 h ~' ( 4 ~ E+ ~ FR4~2A 1 ~ Y ~ 4 9 FT 54+ S0 +2 ~ 4a LOT 85 I . , . n G ~006~, (38 M&P 24) : l6 ro 1 ~ +ea,r u ' els7 ' s e61T'ac w 1Ta.a6' . zoNED a $" o ,fR ' T' EASt w' ACNA4 PDNi LOT 38 LEGEND BOUNDARY OF PARCEL SURVEYED - - - - - - PUBLIC EASEMENT L01 UNE - - ~ - - - t' NO ACCESS EASMENT D FOUND MONUMENT q$ NOTED ~ SET 1/1° REBAR TAGGED RLS Tat4$ r] SURVEY MONUMENT-STAMPED BY RLS 7OWH UP'MARANA STANDARD DEINL M-103-e ~` DRIVEWAY ACCESS LINE BEARING DISTANCE LI N 8 6 6.00 L2 S B91I'OB W I7J.95 LJ N 007754 W f0. L4 N 00'7754 W 29.00 LS N 8B/206 E 1J6.2 L6 5 00'!124 E 62 J L7 N B 1 O6 E t0.00 L8 5 8918 J6 W 10.00 L9 N 00'1754 W S00 CUR ARC LENOIH RAOWS DELTA ANGLE CI J9.J2 1500 90716 J0 cz J9.az z5ov a J CJ 2J.SJ 15 J CI 2J.33 15.00 90Y16 JO L NUR Cngileaa9, Mc 3710 Eo6r NWiwn Qi Sn' 3J0 Mg~yggAD '~,42~'9 -Rage 77 of 145 (31u/HBO-1600 ZONED A F (38 N@P 24) a ~L Sydney Place LOTS 1 THROUGH 4, AND PARCEL "A° BBRVtl A POATNTN OP THB Nlf 1/4 OF 9RL770N 09. TOWN9HTP 11 800771, RANOB 11 BAST, G. A 9.R.K. .e1.se. wNMwmn. - os0 TO11H OF 6lARAISA. PIMA COUNTY. ARIZONA MAM+AerAa+"a„yr0• En6lnnerlnA end CnNronmantel Conmwlenle, Ine .,gmw.e..emw4.ew.1.. PRWQB-039 wgcpepyryr.sMnenP. ,826 E. (R.IgwE4L R0. Tel: 526-923-,QES Tex: 620-0E1-0339 ~ 2909 ns=Ae...rw.r.A. nKS6w, Awzmu e6Tlz ... «e m m EEC 207157 91EEF' 2 OF 2 BOGlC PAGE DEDICATION AE. ME VIpERPd6'D. IYRF7IY WARRANT MAi NE ARE rHf OWNERS AND THE ONLY PARPRS NANNO ANY MIERE5r IN RA: UND SHDNN CYf 11X5 PLAT. AND NE CONSENT m 11!' SI/BdNSIQY Ci SAID LAND M DIf RUNNER SHDIM! fRIRpE. AE HEREBY DEDRUiE 70 DIE lOwl OF MARANA pARCEi. 'A' AND ALL MdliS-OF-WAY AS SHOWN HfllEpl, MCLINwLO ALL STREETS. ROADS ANO USfMEN1S UMIIY USFIWRIIIIS AND DRIER EASQRTLIS AS Pplltl NETlE011 ARE CJlAN1EU ro rOwA DF MARANA AND ME RESPECID£V/RJTY OdMANIES FOP R/E NRPOSE Q' MSTKURdi AND MAMD3rANCE OF UIN/MS ANO SE11FR5' M fQ4 DIE PIMPQSES AS SHOWN HE'AEOV. WE iNE I/NOfRSlONEO, 00 HEREBY NOfD HARMLESS PIMA COUNTY AND INE meN DF NMANA Ii5 SUCCESSdtS AND ASSIGNq R:Yp EMPLOYEE'S, OFHLERS AND ACEN15 FROM ANY AND ALL a/AIS FOR DAMAG'$ REU1E0 7D ME USE Qc Bq' PRMFRT/ DEPICTED O4 Dp5 PLAT NOW AND M THE NiLWE BY aUSal Of El00DD.'Q RONAOE EROdOM. M pAMACC CAUSED DY WiIAR. WIETNER SURFACE ELOOD QP RAINFALL ~ALS9DWN oP IMKAtIA, AN AK1LOtU MUNILIPAU LOROORAAIDtI Br DATE DP MDN~i1; MAYOR STALE DE' APoZONA) OTINTY a PWA )) dl iwS ME _ DAY Or ,SOD _, REFCRE YE. PmsavAaLr APPEeaEO wTO ,IEAMOw.EOCm m BE nLE MAYOR aP tH6 ARPWN OG MARANA, AN ARITANA MUNILIPAU LORPORA'r10N. NOTARY PUBLIC MY COWiSSIdI E%HRES WATER ADEQUACY THIS SUBOINSICN LIES wDI1N AN AREA OESCNAIED AS HANND AN ASSURED WRIER SUVPLY. UMITy OWECil'IR - 7VMN OF MARANA OAIE ASSURANCES Dq' rowA K MARANA I5 1HE CIATRENT OwRR Cf RK PROPFHi1: 17K iDIM' CY' MARANA SHALL CVARANIEE DRMNAOE AND SlRFFT MPROLflkHrS (NNYUDMC MQVUMENTS) AND UINIrv +~ rM ~ ~ ~i ~COYYEYmIIro 107y ff 2 ~ 3 M)11TMS S~UBpM~A~NANN1l0Ui~PmS! ~ CONSIRIICmIC ALPR04EAIFN75 UYLE'SS DRRR AS3VRANCE3 ARE GRFA7FD FOR IRIS SUBaNFCN. er. TOWN CF MARANA DAIS RECORDING STATE OF ARIZONA) FEE COUNTY OF PMA )~ N0. Im5 MSrRUMENT WAS FWEO FOR RECORD AT DIE REOIIEST OF ENGNIEERINC ANO ENNRONMENTK CONSULTANTS, LNG dl 7H13__DAY OP' LO Ai M. IN B001E DF MAPS AND PUTS AT PAGE-THEREOF. wiNE53 MY HANG AND OFFlCIAL SEAL 1NE DAY AND TEAR ABDYE AS WmiTEN. F. AnnF. Ann RMr~wr WMA CgINTY RECOROQt DEPUTY CWNTY RECORDER W G dSR.M. PIMA COUNTY, AMZIXIA APPROVALS TOWN OF MARANA APPROVALS PE _ TOWN ENgNEER/SUBDINSIOV ENGINEER DALE PIANNINO OBtECTOR DATE 1, CLERH DE ME TOWN Lf MARANA HEREBY CERIIFY WIRY THIS PLAT WAS APPROVED BY INE i00H ANO CWNpI OF ME TOWN OF MARANA UN iNE _ UAY OF 20 RY: rowN CLERK PIMA COUNTY APPROVALS BY. PIMA CdENN DEPr, OF WAS1EWAiER MCM'i DATE CERTIFICATION OF SURVEY 1 HEREBY CERnfY 11IAT iNE BIX/NDARY SURVEY SHOWN ON nPtS PUT WAS PERFORMED UNDER MT OMECDON ANO MA7 ALL ENISnNG AND/OR PROPOSED SIdL4EY NONUMENIS ANO MARKERS SHOWN ARE CORRECTLY DESCRIBED. 1 NRiNER CERTIFY THAT iH15 PLFT WAS PREPAREB unOER MY omECnoH^ /y> ` ,ate JAMES 1. DEAN R.4S N0. 19113 (EEC) ENGINEER'S CERTIFICATION l HEREBY CERDFY nLAT 1HE NIDROLOdC/FI.ODOPLAM MFORMADON SHOWN ON 11RS PUi NAS BEEN PREPARED Y SUP N FARHAO M FARO P.E. N0. J31B3 (ImR) mmm av Iws PRCPmn nns PROPERrv n M IHE BENEFICIARY ARNU IPEdLWK ARAQTT AND n Pw.ECT m AMCNAFT mw+ Ctr' MARANA Sydney Place N¢IINW [ASEIANi RElXW0E0 AI vaxA w aac cEEIrzR odTE LOT5 1 THROUGH 4, MARANA u es3s.T AND PARCEL "A" xPpv rs xe-Aa uo-xl-reap ATM: i, YAN HOaL FRDNC A PORr10N OF Y1T6 NW 1/A OF 90Cr[OR 99, 701MRHW ll 90077!, RANOB it BARE, 0. 8 S.R.Y., axq.My. eyatinr,. on. .eem IJJ 1'01M 0P YARANA, PNA COUNTY. AB130TIA We ~~e^a~^~~~ EnLneeN~eed Enrl.eumenbl Conaullenla. inc ~~~~Q~ yeMpe~..+weasaa. 1~ R FT. LO4RIL. Pa. Tnl~ 620-321-ADffi v; 620-2EI-0 ~ 2008 nxeawx..r~srw ARIZOxA esT .xNeea n e EEG 107137 ~ I OF 2 BOQK PACE SILO E'PwSfe w4icma Circle. Scala 5.10 Regular Cou ci~ `'ag~~lily ~1°, 2008 • Pege 78 of 145 GENERAL NOTES I. ma4f MF O" 1NE ApdNPal Is N,S9aPA sY L roTK MAWER aF RCPDFNnK LDrs n a a MranalALLroELEDO l a/PRp1 ZOlwp b A. (OIENALL pENM1Y.40D RAC+9.INL lOT 164E q IYHCAL Mar-ar-wAr MwM rs IA rtEr. rorK LMES or PROposm wreuc smLEr a aos q AIMwW LOi 43 .gOTI SF NAAwUM l0T NTD .Il SAr SE T. AMRALE LOT PZB mlb 5!. 6 M1LA'BONMLY afLEDD A BdLLYNC BEmAd(S ALLa~ wD~M! Rii ar9fM SrANO,AOS a ~ ~ ~~MrNt COtt 6p AS Ia PARxAC PRONPLWS 9 POl UMr A A 4 IAWb . 18 SPACES rl. No EMRnAx flIBYNPDP v Axr Lor aP PARat MIDWn wu eE oDrA' wmour nAE ArxrDN APPROYK Q THE TOwL OF YARWA YAYtMt AND CCUNOL IL BIE AREA BEiWkD~l ilE 100-1EAR iLIXV LY/S RFPM~ AN 0.4FA RMT MAY BF SdB.ECi m ROOpN6 M04 A fLm-N"M FAEaRNCY iL000 AMO ALL tAM M NAS AREA wIL BE MS]PICIEp m USES MAi ARE LaroADdE wM HOOd4NN MANAdANIIT AS APHmWD BY RY PLOOOPLAMI ADRIRSmARH. la BAPS D<bEARACP NdtM LdE d' 11A: IKRllIIIEST d1ARrpl a' SEC110N Ja T ITS, R.nE. CRSRM, AOIXAm4IC m 60(W Eq RECORDS O SURWY AT PALE 4 %AAmO RMG N HY1'fW' E LA. BASS a AEYA AQw. PCOOT/NIDOT 460DFIm C6YwQ PA'Ni (I)POa EIEYABON BLMG 1%e.2A (ww ee aAnM). Ix NL AEN URURES SFRMNG DDS SUBDINPp4 SHALL BE WODNPOU/0. 16. 111E PAaE54arK EIPLWIfER 4 REC0.40 91KL LDTINY AS m IHE fa4M, IME Alp MMCRNL a~ AND PRWATE ROADWAYS ANO DRAMA4E SIRUG/VRfS BEFOpE iNE RELEASE [P IT. PARCEt ~' (O.NM ACRES) IS Fat VSE a' ORAMAGE. FAEA/ACS LANOSCAFMq VRUNES PUBLIC AC[E5q OR SIWACE IA MIENDpNALLY OLIEIED. f0. Nk mTK AREA a' THE PpDIMPCn n 1.000 AalES OE MMaP Q703 ACRES AAE RE9aENNK IND QZAS ACHES APC MMEAOE UaUWES AMO RDADIPAYS 1Ll Offal EPEED FOR 1Hb PRO.Etf xp{ g~23 MM FOR LOCK 51RFEIS 11. pN-PW SAMTARY SERRS X1LL aE PUNIC AND MILL ~OFPONFO ANO CQRSIRUC1f0 m PWA COUNTY WA51EWAlER MANAC[MDLr DLPMIYDIT SJANDMOS. IL ORAMAEE MRL NOT BF KIEAfp, p5}UIIBFa M OBSiRUCRII W MOUr nK ~pVK of iNE MARANA R)Wr CdMdl Ia APPROVK a TwS PUr Does Nor menPr n/E EMSIar of cc+MUANa wM ANr DEED REB1RMBals dt FASHRTLIS 2A LYf-RIE PUNC SMt/N1Y SEMFR4 WLL % P@MRD Alp CLWSIpICIED m RAIA WMVTY NASRWADR MANALTANYD OmARMEIaT SrAMAROS Ix AmaECr ccnslMlclNW AERwr wsr EE scMREO mnM PMA dAMrr x;1SRw1IER MAM1CfINA'T DEPARRW.NT aETaxe BL dneMLO AYY xDRIt ON DAS PRORCT. za. PRm.R ro me bsuW+a a amm+c PLRY1x ArL Mp{p sMRrwr FAOURES x4L BE Labmuclm M ACCCIpAAYE wM PUNS APPROYEp er nR PMU cowrrr WASIEWWTDT MANACFYETLi OPPARRR'NT. il. A4 NEA1NfR ACaSt wLL BE PAONON m ALL LOTS IltnYt' W~ SUedNPdl. Iq Au ROI05 ARE Pugtx wnrox on AD.Maxr m na P,mlxscW Arm swML eE casmuclEO M AGC6PDMp[ wM APPROWD PLANS axn)HpRON PLANS SNMl aF PppTIED m Rp RNM Df YARANA Te. KL DRAMAOE WR'ROIBIYNIS Qv M ADMQNt m Mn PR6EC! Wldar ARE m B[ CWS1PUCa0 W Gd6PMC1NW MM RR OEWLpWENi DE' NRS PROECT SHALL BE Cdn1A2pRm ALaWMNC m HAMS AS RENFWW ANp AH4pwp BY DAi TDIRI OE WRANA. J0. ANY UIIUINS MAT pAY NAN: m ~ RHOCAIFO AS A REPAY 6c DRS DELELa4W'NT wLL BE acre m Ar No EwxMSE ro nIE IaWH a MARANA Alp/QR PEW caBLrv JL Att EL[CRNC AND RIfP1KNE m of IMOFROROdp ViW1Y PZWCAND LOCAMM SIIB.ECT ]0 fMK APPROYK aY 1NE APPR(YPoA1E WA1FR Ok'PMRRNT, PwA COUNtt WNSIHMIFR MANIDfYEIIt AND AM2aU OEPARMEMT d' NFMM SOtNCES JL /lam N/DRANIS AI AW-EOaT MAAWNRr MIERVALP 91ML BE MSiklfO wNM! PUBLIC 11MZfi NW FME ROW REODWlmlr b IOW aP.M APEWOND BY N(W NMEST f1AE DEPARDgJIr. fASBR1T wDA1UT Mf wRTDN LdIJDYT Df HMA caMrv YASDMNIFA MANAGEKrIr OFPARTMEME JJ. MlFNDaINLY OfLElEO. JA MIFNWORALLY pttEDO. JS RIWE K AN EMSdp WRDAm p! LOT 1 LINT SHALL RFNMN b. PARLII W' IS 0®ICARO m Nq' lOWN OF MMANA MUR-USE REIENIIOV BASRI JL AN AMAINW USEIR/(T NAS BLFIf AC ANNLWi MLIhHG'f AREA fOR RW' M NLYSE Awadfi t£MIId15 ANADaE. OIXXET PAGE Jq nR ro4aiE DEVaI Ear nBS sued r~~~~ . 1 r~J YMM qt YMf W 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, July 21, 2009, 7:00:00 PM To: Mayor and Council Item C 9 From: Jane Fairall ,Deputy Town Attorney Strategic Plan Focus Area: Commerce Subject: Resolution No. 2009-115: Relating to Utilities; approving and adopting the Town of Marano Utilities Department Identity Theft Prevention Program; and declaring an emergency Discussion: The Federal Trade Commission (FTC) has enacted rules pursuant to the Fair and Accurate Credit Transactions Act of 2003 that requires any entity that regularly permits deferred payments for goods or services to develop and implement a written identity theft prevention program. The FTC rules are generally known as the "Red Flag Rules" and they are scheduled to go into effect as of August 1, 2009. The rules specifically state that they apply to utility companies who provide service first and bill later. As such, the rules apply to the Town's Utilities Department. In response to the requirements of the Red Flag Rules, Utilities and Legal Department staff collaborated to develop an Identity Theft Prevention Program that complied with the FTC Red Flag Rules. The attached program identifies relevant Red Flags, i.e. activity that indicates the possible existence of identity theft, establishes policies and procedures for detecting and responding to Red Flags and establishes procedures for the administration of the program, to include employee training and regular review and update of the program. The Town and the Utilities Department remain dedicated to preventing and f ghting identity theft and protecting the Town and its citizens. This Identity Theft Prevention Program is an integral tool in accomplishing this goal. ATTACHMENTS: Name: D Reso re adoption_of Identity Theft._Preventon Program {.0..00....1.5..698). DOC ~ EX_-_Identty_Theft Prevention Prooram (000_1.5687- 3~DOC Desci~iPtion: Resolution Exhibit A Identity Thefit Prevention Program Type: Resolution Exhibit Staff Recommendation: Staff recommends approval of the Town of Marana Utilities Department Identity Theft Prevention Program. Regular Council Meeting -July 21, 2009 -Page 79 of 145 Suggested Motion: I move to approve Resolution No. 2009-115, approving and adopting the Town of Marana Utilities Department Identity Theft Prevention Program; and declaring an emergency. Regular Council Meeting -July 21, 2009 -Page 80 of 145 MARANA RESOLUTION N0.2009-115 RELATING TO UTILITIES; APPROVING AND ADOPTING THE TOWN OF MARANA UTILI- TIES DEPARTMENT IDENTITY THEFT PREVENTION PROGRAM; AND DECLARING AN EMERGENCY WHEREAS the Federal Trade Commission (FTC) has enacted rules pursuant to the Fair and Accurate Credit Transactions Act of 2003 that requires any entity that regularly permits deferred payments for goods or services to develop and implement a written identity theft prevention pro- gram; and WHEREAS the FTC rules, known as the Red Flag Rules, apply to the Town of Marana Utili- ties Department; and ' WHEREAS the Town Council finds that adoption of the Town of Marana Utilities De- partment Identity Theft Prevention Program as set forth in this resolution 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 Utilities Department Identity Theft Prevention Program, attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved. 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 aforementioned Town of Marana Utilities Department Identity Theft Prevention Pro- gram. 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 July, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -July 21, 2009 -Page 81 of 145 Town of Marana Utilities Department Identity Theft Prevention Program PURPOSE The purpose of the Town of Marana Utilities Department Identity Theft Prevention Program is to protect the Utilities Department, its customers and Town of Marana residents from identity theft. The Program accomplishes this purpose by: 1. Identifying relevant Red Flags that may indicate the existence of identity theft 2. Establishing policies and procedures for the detection of Red Flags 3. Establishing policies and procedures for responding to any detected or suspected Red Flags 4. Establishing policies and procedures for administering, reviewing and updating the Program DEFINITIONS Identity theft means a fraud committed or attempted using the indentifying information of another person without authority. Red Flag means a pattern, practice or specific activity that indicates the possible existence of identity theft. IDENTIFYING RELEVANT RED FLAGS The Town of Marana Utilities Department conducted an internal risk assessment and considered the following factors: 1. The types of covered accounts it offers or maintains 2. The methods it provides to open its covered accounts 3. The methods it provides to access its covered accounts 4. Its previous experiences with identity theft 1 Regular Council Meeting -July 21, 2009 -Page 82 of 145 EXHIBIT A As a result of the internal risk assessment, the Town of Marana Utilities Department has identified the following relevant Red Flags for its covered accounts: ^ Identification documents appear to be altered or forged ^ Photo and physical description do not match appearance of applicant ^ Other information is inconsistent with information provided by applicant ^ Social Security number, address, or telephone number is the same as that of other customer at utility ^ Customer fails to provide all information requested ^ Personal information provided is inconsistent with information on file for a customer ^ Applicant cannot provide information requested beyond what could commonly be found in a purse or wallet ^ Identity theft is reported or discovered This list of Red Flags is not intended to be all-inclusive and other suspicious activity may be investigated as necessary. DETECTION OF RED FLAGS The Town of Marana Utilities Department has established policies and procedures for the detection of Red Flags including, but not limited to, the following: • Employees are trained to carefully examine identification that is presented in person at the Utilities Department in order to detect any discrepancies • Employees are trained to obtain all required personal information before opening an account • Known instances of identity theft are logged in a central location so that employees can check new applicants against the log before opening an account RESPONSE TO SUSPECTED OR DETECTED RED FLAGS The Town of Marana Utilities Department has established policies and procedures for responding to Red Flags and other suspected fraud including, but not limited to, the following: ^ Ask applicant for additional documentation ^ Notify the senior management official for the Utilities Department ^ Notify internal manager ^ Notify Utilities Department Technology Coordinator ^ Notify law enforcement: ^ Do not open the account ^ Close the account ^ Do not attempt to collect against the account but notify authorities 2 Regular Council Meeting -July 21, 2009 -Page 83 of 145 EXHIBIT A In addition to responding to specific incidents of suspected identity theft, the Town of Marana Utilities Department has established these additional security procedures to prevent and mitigate identity theft: 1. Paper documents, files, and electronic media containing secure information shall be stored in locking capable file cabinets. File cabinets shall be stored in a locked room. 2. Employees shall not leave sensitive papers out on their desks when they are away from their workstations. 3. Employees shall lock file room doors when leaving their work areas. 4. Any sensitive information shipped shall be shipped using a shipping service that allows tracking of the delivery of this information. 5. Visitors who must enter areas where sensitive files are kept must be escorted by an employee of the Utilities Department. 6. No visitor will be given any entry codes or allowed unescorted access to the office. 7. Anti-virus and anti-spyware programs shall be run on individual computers and on servers daily. 8. Computer passwords shall be required. 9. The computer network shall have a firewall where the network connects to the Internet. 10. Any wireless network in use shall be secured. 11. Central log files of security-related information shall be maintained to monitor activity on the network. 12. Incoming traffic shall be monitored for signs of a data breach. 13. Outgoing traffic shall be monitored for signs of a data breach. 14. Reference and/or background checks shall be completed before hiring employees who will have access to sensitive data. 15. New employees shall sign an agreement to follow the Utilities Department's confidentiality and security standards for handling sensitive data. 16. Access to customer's personal identity information shall be limited to employees with a "need to know." 3 Regular Council Meeting -July 21, 2009 -Page 84 of 145 EXHIBIT A 17. Procedures exist for making sure that workers who leave the company or transfer to another part of the company no longer have access to sensitive information. 18. Employees are required to notify the general manager immediately if there is a potential security breach, such as a lost or stolen laptop. 19. Employees who violate security policy are subjected to discipline, up to and including dismissal. 20. Service providers shall notify the Utilities Department of any security incidents they experience, even if the incidents may not have led to an actual compromise of data/identity. 21. Paper records shall be shredded before being placed into the trash. ADMII~TISTRATION OF THE IDENTITY THEFT PREVENTION PROGRAM The Town of Marana Utilities Department Identity Theft Prevention Program shall be administered by the Utility Operations Manager. The Utility Operations Manager shall assign appropriate staff to prepare a report on an annual basis regarding the operation of the Program. The report shall be submitted to the Utility Operations Manager. The report shall address material matters related to the Program, including the effectiveness of the policies and procedures, a summary of any identify theft incidents, the response to any identity theft incidents, and recommendations for substantial changes to the program, if any. Recommendations for updating the Program shall be based on the experiences of the Department with identity theft, change in methods of identity theft, changes in methods to detect, prevent and mitigate identity theft and changes in the types of accounts that the Department offers or maintains. Employees who handle sensitive data related to the Department's covered accounts shall be trained on the contents and procedures of this Identity Theft Prevention Program upon its adoption and shall receive an annual update. 4 Regular Council Meeting -July 21, 2009 -Page 85 of 145 EXHIBIT A 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, July 21, 2009, 7:00:00 PM To: Mayor and Council From: Jocelyn C. Bronson ,Town Clerk Strategic Plan Focus Area: Commerce Item C 10 Subject: Resolution No. 2009-116: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a Location Transfer of a No. 09 (Liquor Store) liquor license submitted by Randy Allen Guse on behalf of Walgreens #9952 located at 12050 N. Dove Mountain Boulevard Discussion: Randy Allen Guse, on behalf of Walgreens #9952 is applying for a location transfer of a No. 9 (Liquor Store) liquor license for premises located at 12050 N. Dove Mountain Boulevard. The State Department of Liquor Licenses & Control has completed a background investigation and has forwarded two copies of an application for a spirituous liquor license in accordance with the State of Arizona Guide to Arizona Liquor Laws. One copy of the application has been posted on the front of the proposed licensed premises for 20 days prior to this meeting. The Council, as the appropriate governing board, must hold a meeting and either approve, disapprove or offer a "no-recommendation" decision on the application. This action must take place within 60 days of the filing of the application. If the application is approved at the appropriate government level, and no written protests have been received by the Town, and if there is no objection by the Director, the application will be approved. This process normally takes 90 days after the filing of the application. If the governing body disapproves the application or offers a "no-recommendation" decision, or if protests have been filed, the application must be set for a hearing before the State Liquor Board. The hearing may be conducted by the board or by a, designated hearing officer. The purpose of a hearing is to consider all evidence and testimony in favor of or opposed to the granting of a license. The applicant for a new license bears the burden of demonstrating his or her "capability, qualifications and reliability" and that the granting of a license is in "the best interest of the community" except that, in aperson-to-person transfer, an applicant need only prove his or her "capability, qualifications and reliability". An applicant in alocation-to-location transfer need only prove that the granting of the license is in the "best interest of the community". The decision by the board to grant or deny an application will normally take place within 105 days after the application has been filed, unless the director deems it necessary to extend the time period. A.R.S. 4- Regular Council Meeting -July 21, 2009 -Page 86 of 145 201, 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: ^ Approv..al._Re_s..o Walgreens.doc ^ Disapproval Reso Walgreens.doc Description: Option 1 Resolution Approval Option 2 Resolution Disapproval Type: 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. 2009-116, approval and recommendation to the State Liquor Board for a Location Transfer of a No. 09 (Liquor Store) liquor license submitted by Randy Allen Guse on behalf of Walgreens #9952 located at 12050 N. Dove Mountain Boulevard. OPTION 2: I move to disapprove Resolution No. 2009-116, recommendation of disapproval to the State Liquor Board for a Location Transfer of a No. 09 (Liquor Store) liquor license submitted by Randy Allen Guse on behalf of Walgreens #99521ocated at 12050 N. Dove Mountain Boulevard . Regular Council Meeting -July 21, 2009 -Page 87 of 145 MARANA RESOLUTION N0.2009-116 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 RANDY ALLEN GUSE ON BEHALF OF WALGREENS #9952, LOCATED AT 12050 N. DOVE MOUNTAIN BOULEVARD 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, Randy Allen Guse has applied for a location transfer of a No. 9 (Liquor Store) liquor license on behalf of Walgreens #9952, for premises located at 12050 N. Dove Mountain Boulevard; and WHEREAS, Town staff filed one copy of the application in the office of the Town Clerk, and posted the other on the premises at 12050 N. Dove Mountain Boulevard 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 July 21, 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 Walgreens #9952, filed by Randy Allen Guse for premises located at 12050 N. Dove Mountain Boulevard 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 Walgreens #9952, filed by Randy Allen Guse for premises located at 12050 N. Dove Mountain Boulevard be approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21St day of July, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -July 21, 2009 -Page 88 of 145 MARANA RESOLUTION N0.2009-116 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 RANDY ALLEN GUSE ON BEHALF OF WALGREENS #9952, LOCATED AT 12050 N. DOVE MOUNTAIN BOULEVARD 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, Randy Allen Guse has applied for a location transfer of a No. 9 (Liquor Store) liquor license on behalf of Walgreens #9952, for premises located at 12050 N. Dove Mountain Boulevard; and WHEREAS, Town staff filed one copy of the application in the office of the Town Clerk, and posted the other on the premises at 12050 N. Dove Mountain Boulevard 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 July 21, 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 Walgreens #9952, filed by Randy Allen Guse for premises located at 12050 N. Dove Mountain Boulevard be disapproved. 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 Walgreens #9952, filed by Randy Allen Guse for premises located at 12050 N. Dove Mountain Boulevard be disapproved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21St day of July, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -July 21, 2009 -Page 89 of 145 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, July 21, 2009, 7:00:00 PM To: Mayor and Council From: Jocelyn C. Bronson ,Town Clerk Strategic Plan Focus Area: Commerce Item C 11 Subject: Resolution No. 2009-117: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a Person Transfer and Location Transfer of a No. 6 (Bar) liquor license submitted by Michael R. McMahon on behalf of The Ritz-Carlton Hotel at Dove Mountain located at 15000 Secret Springs Drive Discussion: Michael R. McMahon, on behalf of The Ritz-Carlton Hotel at Dove Mountain is applying for a new No. 6 (Bar) liquor license for premises located at 15000 Secret Springs Drive. 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, qualifcations and reliability". An applicant in alocation-to-location transfer need only prove that the granting of the license is in the "best interest of the community". The decision by the board to grant or deny an application will normally take place within 105 days after the application has been filed, unless the director deems it necessary to extend the time period. A.R.S. 4- Regular Council Meeting -July 21, 2009 -Page 90 of 145 201, 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: ^ Approv..al__Res..o Ritz_ Car-ton.doc ^ Disapproval Reso_Rtz Carlton._doc Description: Option 1 Resolution Approval Option 2 Resolution Disapproval Type: 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. 2009-117, approval and recommendation to the State Liquor Board for a Person Transfer and Location Transfer of a No. 6 (Bar) liquor license submitted by Michael R. McMahon on behalf of The Ritz-Carlton Hotel at Dove Mountain located at 15000 Secret Springs Drive. OPTION 2: I move to disapprove Resolution No. 2009-117, recommendation of disapproval to the State Liquor Board for a Person Transfer and Location Transfer of a No. 6 (Bar) liquor license submitted by Michael R. McMahon on behalf of The Ritz-Carlton Hotel at Dove Mountain located at 15000 Secret Springs Drive. Regular Council Meeting -July 21, 2009 -Page 91 of 145 MARANA RESOLUTION N0.2009-117 RELATING TO LIQUOR LICENSES; APPROVAL AND RECOMMENDATION TO THE STATE LIQUOR BOARD FOR A PERSON TRANSFER AND LOCATION TRANSFER OF A NO. 6 (BAR) LIQUOR LICENSE SUBMITTED BY MICHAEL RICHARD MCMAHON ON BEHALF OF THE RITZ CARLTON HOTEL AT DOVE MOUNTAIN, LOCATED AT 15000 SECRET SPRINGS DRIVE 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, Michael Richard McMahon has applied for a person transfer and location transfer of a No. 6 (Bar) liquor license on behalf of The Ritz Carlton Hotel at Dove Mountain, for premises located at 15000 Secret Springs Drive; and WHEREAS, Town staff filed one copy of the application in the office of the Town Clerk, and posted the other on the premises at 15000 Secret Springs Drive 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 July 21, 2009, and has determined that it is in the best interests of the Town and its citizens that the application for a person transfer and location transfer of a No. 6 (Bar) liquor license on behalf of The Ritz Carlton Hotel at Dove Mountain, filed by Michael Richard McMahon for premises located at 15000 Secret Springs Drive 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 person transfer and location transfer of a No. 6 (Bar) liquor license on behalf of The Ritz Carlton Hotel at Dove Mountain, filed by Michael Richard McMahon for premises located at 15000 Secret Springs Drive be approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21St day of July, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -July 21, 2009 -Page 92 of 145 MARANA RESOLUTION N0.2009-117 RELATING TO LIQUOR LICENSES; RECOMMENDATION OF DISAPPROVAL TO THE STATE LIQUOR BOARD FOR A PERSON TRANSFER AND LOCATION TRANSFER. OF A NO. 6 (BAR) LIQUOR LICENSE SUBMITTED BY MICHAEL RICHARD MCMAHON ON BEHALF OF THE RITZ CARLTON HOTEL AT DOVE MOUNTAIN, LOCATED AT 15000 SECRET SPRINGS DRNE 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, Michael Richard McMahon has applied for a person transfer and location transfer of a No. 6 (Bar) liquor license on behalf of The Ritz Carlton Hotel at Dove Mountain, for premises located at 15000 Secret Springs Drive; and WHEREAS, Town staff filed one copy of the application in the office of the Town Clerk, and posted the other on the premises at 15000 Secret Springs Drive 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 July 21, 2009, and has determined that it is in the best interests of the Town and its citizens that the application for a person transfer and location transfer of a No. 6 (Bar) liquor license on behalf of The Ritz Carlton Hotel at Dove Mountain, filed by Michael Richard McMahon for premises located at 15000 Secret Springs Drive be disapproved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town recommends the application for a person transfer and location transfer of a No. 6 (Bar) liquor license on behalf of The Ritz Carlton Hotel at Dove Mountain, filed by Michael Richard McMahon for premises located at 15000 Secret Springs Drive be disapproved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21St day of July, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -July 21, 2009 -Page 93 of 145 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, July 21, 2009, 7:00:00 PM To: Mayor and Council From: Jocelyn C. Bronson ,Town Clerk Strategic Plan Focus Area: Commerce Item C 12 Subject: Resolution No. 2009-118: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a New No. 10 (Beer and wine Store) liquor license submitted by Kelly Paul Vaughan on behalf of Quiktrip #1456 located at 5565 W. Cortaro Farms Road Discussion: Kelly Paul Vaughan, on behalf of QuikTrip #1456 is applying for a new No. 10 (Beer and Wine Store) liquor license for premises located at 5565 W. Cortaro Farms Road. The State Department of Liquor Licenses & Control has completed a background investigation and has forwarded two copies of an application for a spirituous liquor license in accordance with the State of Arizona Guide to Arizona Liquor Laws. One copy of the application has been posted on the front of the proposed licensed premises for 20 days prior to this meeting. The Council, as the appropriate governing board, must hold a meeting and either approve, disapprove or offer a "no-recommendation" decision on the application. This action must take place within 60 days of the filing of the application. If the application is approved at the appropriate government level, and no written protests have been received by the Town, and if there is no objection by the Director, the application will be approved. This process normally takes 90 days after the filing of the application. If the governing body disapproves the application or offers a "no-recommendation" decision, or if protests have been filed, the application must be set for a hearing before the State Liquor Board. The hearing may be conducted by the board or by a designated hearing officer. The purpose of a hearing is to consider all evidence and testimony in favor of or opposed to the granting of a license. The applicant for a new license bears the burden of demonstrating his or her "capability, qualifications and reliability" and that the granting of a license is in "the best interest of the community" except that, in aperson-to-person transfer, an applicant need only prove his or her "capability, qualifications and reliability". An applicant in alocation-to-location transfer need only prove that the granting of the license is in the "best interest of the community". The decision by the board to grant or deny an application will normally take place within 105 days after the application has been filed, unless the director deems it necessary to extend the time period. A.R.S. 4- 201, 4-201.01, 4-203; Rule R-4-15-102. Regular Council Meeting -July 21, 2009 -Page 94 of 145 A copy of the application is on file with the Town Clerk and is not contained with these materials. ATTACHMENTS: Name: Description: Type: ^ Approva.l._Reso QukTrip.doc Option 1 Resolution Approval Resolution ~ Disaoproval Reso QukTrip.d..o..c Option 2 Resolution Disapproval 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. 2009-118, approval and recommendation to the State Liquor Board for a New No. 10 (Beer and wine Store) liquor license submitted by Kelly Paul Vaughan on behalf of Quiktrip #1456 located at 5565 W. Cortaro Farms Road. OPTION 2: I move to disapprove Resolution No. 2009-118, recommendation of disapproval to the State Liquor Board for a New No. 10 (Beer and wine Store) liquor license submitted by Kelly Paul Vaughan. on behalf of Quiktrip #1456 located at 5565 W. Cortaro Farms Road. Regular Council Meeting -July 21, 2009 -Page 95 of 145 MARANA RESOLUTION N0.2009-118 RELATING TO LIQUOR LICENSES; APPROVAL AND RECOMMENDATION TO THE STATE LIQUOR BOARD FOR A NEW NO. 10 (BEER AND WINE STORE) LIQUOR LICENSE SUBMITTED BY KELLY PAUL VAUGHAN ON BEHALF OF QUIKTRIP #1456, LOCATED AT 5565 W. CORTARO FARMS ROAD WHEREAS, pursuant to A.R.S. Section 4-201, the Town Council of the Town of Marana is empowered to recommend approval or disapproval of a liquor license request to the Arizona Department of Liquor Licenses and Control; and WHEREAS, Kelly Paul Vaughan has applied for a New No. 10 (Beer and Wine Store) liquor license on behalf of QuikTrip #1456, for premises located at 5565 W. Cortaro Farms Road; and WHEREAS, Town staff filed one copy of the application in the office of the Town Clerk, and posted the other on the premises at 5565 W. Cortaro Farms Road for 20 days along with a statement requiring any bona fide resident residing, owning, or leasing property within a one mile radius in favor of or opposed to such issuance of the license to file written arguments in favor of or opposed to such issuance with the Town Clerk; and WHEREAS, the Town Council considered all statements filed by the applicant anal any bona fide resident at a public meeting on July 21, 2009, and has determined that it is in the best interests of the Town and its citizens that the application for a New No. 10 (Beer and Wine Store) liquor license on behalf of QuikTrip #1456, filed by Kelly Paul Vaughan for premises located at 5565 W. Cortaro Farms Road 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 New No. 10 (Beer and Wine Store) liquor license on behalf of QuikTrip #1456, filed by Kelly Paul Vaughan for premises located at 5565 W. Cortaro Farms Road be approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21St day of July, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -July 21, 2009 -Page 96 of 145 MARANA RESOLUTION N0.2009-118 RELATING TO LIQUOR LICENSES; RECOMMENDATION OF DISAPPROVAL TO THE STATE LIQUOR BOARD FOR A NEW NO. 10 (BEER AND WINE STORE) LIQUOR LICENSE SUBMITTED BY KELLY PAUL VAUGHAN ON BEHALF OF QUIKTRIP #1456, LOCATED AT 5565 W. CORTARO FARMS ROAD WHEREAS, pursuant to A.R.S. Section 4-201, the Town Council of the Town of Marana is empowered to recommend approval or disapproval of a liquor license request to the Arizona Department of Liquor Licenses and Control; and WHEREAS, Kelly Paul Vaughan has applied for a New No. 10 (Beer and Wine Store) liquor license on behalf of QuikTrip #1456, for premises located at 5565 W. Cortaro Farms Road; and WHEREAS, Town staff filed one copy of the application in the office of the Town Clerk, and posted the other on the premises at 5565 W. Cortaro Farms Road for 20 days along with a statement requiring any bona fide resident residing, owning, or leasing property within a one mile radius in favor of or opposed to such issuance of the license to file written arguments in favor of or opposed to such issuance with the Town Clerk; and WHEREAS, the Town Council considered all statements filed by the applicant and any bona fide resident at a public meeting on July 21, 2009, and has determined that it is in the best interests of the Town and its citizens that the application for a New No. 10 (Beer and Wine Store) liquor license on behalf of QuikTrip #1456, filed by Kelly Paul Vaughan for premises located at 5565 W. Cortaro Farms Road be disapproved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town recommends the application for a New No. 10 (Beer and Wine Store) liquor license on behalf of QuikTrip #1456, filed by Kelly Paul Vaughan for premises located at 5565. W. Cortaro Farms Road be disapproved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21St day of July, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -July 21, 2009 -Page 97 of 145 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, July 21, 2009, 7:00:00 PM To: Mayor and Council From: Jocelyn C. Bronson ,Town Clerk Strategic Plan Focus Area: Commerce Item C 13 Subject: Resolution No. 2009-119: Relating to Liquor Licenses; approval and recommendation to the State Liquor Board for a New No. 07 (Beer & Wine Bar) liquor license submitted by Ronald M. Parucki on behalf of Frys Marketplace #689, located at 12100 N. Thornydale Road Discussion: Ronald M. Parucki, on behalf of Frys Marketplace is applying for a New No. 07 (Beer & Wine Bar) liquor license for premises located at 12100 N. Thornydale Road. The State Department of Liquor Licenses & Control has completed a background investigation and has forwarded two copies of an application for a spirituous liquor license in accordance with the State of Arizona Guide to Arizona Liquor Laws. One copy of the application has been posted on the front of the proposed licensed premises for 20 days prior to this meeting. The Council, as the appropriate governing board, must hold a meeting and either approve, disapprove or offer a "no-recommendation" decision on the application. This action must take place within 60 days of the filing of the application. If the application is approved at the appropriate government level, and no written protests have been received by the Town, and if there is no objection by the Director, the application will be approved. This process normally takes 90 days after the filing of the application. If the governing body disapproves the application or offers a "no-recommendation" decision, or if protests have been filed, the application must be set for a hearing before the State Liquor Board. The hearing may be conducted by the board or by a designated hearing officer. The purpose of a hearing is to consider all evidence and testimony in favor of or opposed to the granting of a license. The applicant for a new license bears the burden of demonstrating his or her "capability, qualifications and reliability" and that the granting of a license is in "the best interest of the community" except that, in aperson-to-person transfer, an applicant need only prove his or her "capability, qualifications and reliability". An applicant in alocation-to-location transfer need only prove that the granting of the license is in the "best interest of the community". The decision by the board to grant or deny an application will normally take place within 105 days after the application has been filed, unless the director deems it necessary to extend the time period. A.R.S. 4- 201, 4-201.01, 4-203; Rule R-4-15-102. Regular Council Meeting -July 21, 2009 -Page 98 of 145 A copy of the application is on file with the Town Clerk and is not contained with these materials. ATTACHMENTS: Name: D Approval_Reso Frys.doc Description: Option 1 Approval Resolution Type: Resolution ^ Disapproval Reso_Frys.doc Option 2 Disapproval Resolution Staff Recommendation: Resolution Staff recommends approval and recommendation to the state liquor board for this liquor license. Suggested Motion: OPTION 1: I move to approve Resolution No. 2009-119, approval and recommendation to the State Liquor Board for a New No. 07 (Beer & Wine Bar) liquor license submitted by Ronald M. Parucki on behalf of Frys Marketplace #689, located at 12100 N. Thornydale Road. OPTION 2: I move to disapprove Resolution No. 2009-119, recommendation of disapproval to the State Liquor Board for a New No. 07 (Beer & Wine Bar) liquor license submitted by Ronald M. Parucki on behalf of Frys Marketplace #689, located at 12100 N. Thornydale Road. Regular Council Meeting -July 21, 2009 -Page 99 of 145 MARANA RESOLUTION N0.2009-119 RELATING TO LIQUOR LICENSES; APPROVAL AND RECOMMENDATION TO THE STATE LIQUOR BOARD FOR A NEW NO. 7 (BEER AND WINE BAR) LIQUOR LICENSE SUBMITTED BY RONALD M. PARUCKI ON BEHALF OF FRYS MARKETPLACE #689, LOCATED AT 12100 N. THORNYDALE ROAD WHEREAS, pursuant to A.R.S. Section 4-201, the Town Council of the Town of Marana is empowered to recommend approval or disapproval of a liquor license request to the Arizona Department of Liquor Licenses and Control; and WHEREAS, Ronald M. Parucki has applied for a New No. 7 (Beer and Wine Bar) liquor license on behalf of Frys Marketplace #689, for premises located at 12100 N. Thornydale Road; and WHEREAS, Town staff filed one copy of the application in the office of the Town Clerk, and posted the other on the premises at 12100 N. Thornydale Road for 20 days along with a statement requiring any bona fide resident residing, owning, or leasing property within a one mile radius in favor of or opposed to such issuance of the license to file written arguments in favor of or opposed to such issuance with the Town Clerk; and WHEREAS, the Town Council considered all statements filed by the applicant and any bona fide resident at a public meeting on July 21, 2009, and has determined that it is in the best interests of the Town and its citizens that the application for a New No. 7 (Beer and Wine Bar) liquor license on behalf of Frys Marketplace, filed by Ronald M. Parucki for premises located at 12100 N. Thornydale Road 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 New No. 7 (Beer and Wine Bar) liquor license on behalf of Frys Marketplace, filed by Ronald M. Parucki for premises located at 12100 N. Thornydale Road be approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21St day of July, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -July 21, 2009 -Page 100 of 145 MARANA RESOLUTION N0.2009-119 RELATING TO LIQUOR LICENSES; RECOMMENDATION OF DISAPPROVAL TO THE STATE LIQUOR BOARD FOR A NEW NO. 7 (BEER AND WINE BAR) LIQUOR LICENSE SUBMITTED BY RONALD M. PARUCKI ON BEHALF OF FRYS MARKETPLACE #689, LOCATED AT 12100 N. THORNYDALE ROAD WHEREAS, pursuant to A.R.S. Section 4-201, the Town Council of the Town of Marana is empowered to recommend approval or disapproval of a liquor license request to the Arizona Department of Liquor Licenses and Control; and WHEREAS, Ronald M. Parucki has applied for a New No. 7 (Beer and Wine Bar) liquor license on behalf of Frys Marketplace #689, for premises located at 12100 N. Thornydale Road; and WHEREAS, Town staff filed one copy of the application in the office of the Town Clerk, and posted the other on the premises at 12100 N. Thornydale Road for 20 days along with a statement requiring any bona fide resident residing, owning, or leasing property within a one mile radius in favor of or opposed to such issuance of the license to file written arguments in favor of or opposed to such issuance with the Town Clerk; and WHEREAS, the Town Council considered all statements filed by the applicant and any bona fide resident at a public meeting on July 21, 2009, and has determined that it is in the best interests of the Town and its citizens that the application for a New No. 7 (Beer and Wine Bar) liquor license on behalf of Frys Marketplace #689, filed by Ronald M. Parucki for premises located at 12100 N. Thornydale Road 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 New No. 7 (Beer and Wine Bar) liquor license on behalf of Frys Marketplace #689, filed by Ronald M. Parucki for premises located at 12100 N. Thornydale Road be disapproved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21S` day of July, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -July 21, 2009 -Page 101 of 145 SPECIAL COUNCIL MEETING MINUTES June 23, 2009, at or after 7:00 PM Ed Honea, Mayor, present Herb Kai, Vice Mayor, present Russell Clanagan, Council Member, present (participated telephonically) Patti Comerford, Council Member, present Carol McGorray, Council Member, present Jon Post, Council Member. excused Roxanne Ziegler, Council Member, present SPECIAL MEETING CALL TO ORDER AND ROLL CALL The meeting was called to order by Mayor Honea at 7:10 p.m A quorum was present. Council Member Post was excused and Council Member Clanagan participated telephonically. PLEDGE OF ALI/EGIANCE/INVOCATION/MOMENT OF SILENCE Led by Mayor Honea. APPROVAL OF AGENDA Motion to approve moved by Council Member Comerford, second by Council Member McGorray. Motion carried unanimously. CALL TO THE PUBLIC PRESENTATIONS ANNOUNCEMENTS/UPDATES PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Mayor Honea reported on a CRAG meeting in Payson. CAAG was initially formed by Pinal and Gila counties, and Pinal County is considering breaking away and forming their own COG. Mayor Honea also noted that the Cotton Blossom Thrift Shop will have its grand opening tomorrow at 10:00 a.m. Regular Council Meeting -July 21, 2009 -Page 102 of 145 MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS No reports. STAFF REPORTS No reports. GENERAL ORDER OF BUSINESS CONSENT AGENDA Motion to approve moved by Council Member Comerford, second by Vice Mayor Kai. Motion carried by a 6-0 Roll Call vote with Council Member Post excused C 1: Resolution No. 2009-97: Relating to Municipal Court; approving the appointment of Magistrates pro tempore and civil traffic hearing officers C 2: Ordinance No. 2009.13: Relating to Finance and Water; amending Town Code Section 14-7-3(C) to correct an error in the adoption of the comprehensive tee schedule adopted by Marana Ordinance No. 2009.11 and Marana Resolution No. 2009-87; clarifying Marana Resolution No. 2009-87; and establishing an effective date C 3: Ordinance No. 2009.14: Relating to Business Regulations; amending Title 9 of the Town Code to provide for business licenses to be administered by_a license inspector designated by the Town Manager rather than by the Town Clerk; and declaring an emergency _ C 4: Resolution No. 2009-98: Relating to Personnel; approving and authorizing the Town Manager to execute a separation agreement with Charles B. DeSpain C 5: Resolution No. 2009-99: Relating to Persormel; approving and authorizing the Town Manager to execute a severance agreement between the Town of Marana and Michael lt~encinger C 6: Resolution No. 2009-1.00: Relating to Public Works; approving and authorizing the Mayor to execute an intergovernmental agreement between the Regional Transportation Authority and the Town of Marana for design and construction of the Cortaro Road / Silverbell Road intersection improvement project C 7: Resolution No. 2009-101: Relating to Public Works; approving and authorizing the Mayor to execute an intergovernmental agreement between the Regional Transportation Authority and the Town of Marana for the design concept study of the Tangerine Road Improvement Project between I-10 and La Canada Drive C 8: Resolution No. 2009-102: Relating to Technology Services; approving and authorizing the Mayor to execute a Beacon Hill Telecommunications Site Sublease Agreement with Simply Bits, LLC and a First Amendment to Beacon Hill Communications Site Lease and Settlement Agreement with the Estate of Irene Welter, deceased; and establishing an effective date Regular Council Meeting -July 21, 2009 -Page 103 of 145 C 9: Minutes of the June 9, 2009 special council meeting and the June 16, 2009 regular council meeting C 10: Resolution No. 2009-107: Relating to the Police Department; authorizing the Chief of Police to obtain vehicle registrations for three new undercover police vehicles COUNCIL ACTION A 1: PUBLIC HEARING: Resolution No. 2009-103: Relating to Budget; adoption of the Town's fiscal year 2009-10 final budget Presented by Erik Montague. Dianne Van Horn spoke regarding the elimination of tuition reimbursement in the proposed budget and expressed her disappointment that this was no longer a benefit for employees. Council Member Ziegler thanked Ms. Van Horn and also expressed her concern over this cut and asked that this item be reconsidered for placement back in the budget. Ms. Thalasitis responded regarding $12,000 that had been restored for the WRAP program to help employees with retraining should they need to move into different positions during this difficult economic time. Council Member Clanagan asked who the employee was who„addressed Council. _: Motion to approve moved by Dice Mayor Kai, second by Council Member McGorray. Motion carries 5-1, with Council Member Ziegler voting nay. Mayor Honea noted for the record and addressed Ms. Van Horn that the final budget number was the upper limit for spending, but that monies could be moved around in different areas if necessary. Council Member Ziegler expressed her reason for voting nay as relating to tuition reimbursement. A 2: Resolution No. ?009-104: Relating to Personnel; approving a salary schedule for temporary employees for fiscal year 2009-2010; and declaring an emergency Motion fo~ttpprove moved by Council Member Comerford, second by Council Member McGorray. Motion carried by a 6-©Roll Call vote with Council Member Post excused. A 3: Resolution No. 2009-TOS: Relating to Personnel; approving a salary schedule for classified employees for fiscal year 2009-2010; and declaring an emergency Motion to approve moved by Council Member Comerford, second by Council Member McGorray. Motion carried by a 6-0 Roll Call vote with Council Member Post excused BOARDS, COMMISSIONS AND COMMITTEES B 1: Presentation: Relating to Parks and Recreation; discussion and direction regarding proposed amendments to Title 13 of the Marana Town Code, Section 13-1-3, to prohibit smoking within 25 feet of any athletic field or park facility in Town parks Presented by Tom Ellis as a proposal from the Parks and Recreation Citizen Advisory Commission. Council Member McGorray asked about how this would be affected with sharing joint facilities with the schools. Mr. Ellis responded that there is an agreement during school hours, wherein the school rules fall into effect. Jane Fairall also Regular Council Meeting -July 21, 2009 -Page 104 of 145 responded to questions from Council Member Ziegler as to who would be enforcing if someone was cited. Motion by Council Member McGorray, second by Council Member Comerford to bring this item back for further Council action. Motion carried unanimously. B 2: Resolution No. 2009-106: Relating to Utilities; appointing Laura Trostman to the Water Utility Advisory Committee and appointing David Wostenberg as an alternate Presented by Frank Cassidy. There are vacancies that prevent this commission from having a quorum at their meetings, and the appointments recommended would take care of this. Questions arose as to whether Ms. Trostman and Mr. Wostenberg lived within the town limits and therefore be eligible for appointment. It was noted that Ms. Trostman was a Marana resident and former Marana employee and that M--. Wostenberg lived just outside the town limits. Council Member Comerford noted that a Council task force had been working on revisions to the commission appointment process and other aspects of citizen advisory commissions to make them consistent. She asked if the commissions had been informed.- as to when appointments would be made by Council. Ms Bronson responded that they had and that she had prepared a draft document combining various portions of the Handbook for Commissions and the Bylaws into one document for review by the Council task force. She noted that the draft was currently being reviewed by Cedric Hay in the Legal department. Council Member Ziegler expressed her opinion that these appointments were necessary prior to that review and the next action by the task force. Council Member Comerford stated that she understood the reason for bringing this item forward at this time, but was concerned that the process was not being followed -either for appointments or for residency requirements. Ms. Bronson stated that under the current procedures, at least four members of any commission must be residents and that the Council had flexibility in appointing the additional members who might live outside the town limits but who may have critical. expertise. This is one of the aspects being addressed with the new policy. Motion to approve moved by Council ~Ylember Ziegler, second by Mayor Honea. Motion failed by a vote of 3 aye, 2__nay and 1 abstention. Mayor Honeu, Vice Mayor Kai and Council Member Ziegler voting aye, Council Members Clanagan, and Comerford voting nay, and Council Member McGorray abstaining. NOTE: The recording of the meeting indicates that this motion passed. However, Mr. Cassidy provided a communication to Council on June 24, 2009 noting that the vote of 3-2 and one abstention did not constitute passage. A copy of that communication is contained in the official packet for this meeting. ITEMS FOR DISCUSSION/POSSIBLE ACTION EXECUTIVE SESSIONS E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. Regular Council Meeting -July 21, 2009 -Page 105 of 145 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 ADJOURNMENT Motion to adjourn moved by Council Member McCorray, second by Vice Mayor Kai. Motion carried unanimously. a The meeting was adjourned at 7:52 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Special Marana Town Council meeting held on June 23, 2009. i fw•ther certify that a quorum was present. Jocelyn C. Bronson, Town Clerk Regular Council Meeting -July 21, 2009 -Page 106 of 145 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, July 21, 2009, 7:00:00 PM To: Mayor and Council Item A 1 From: Lisa Shafer ,Assistant Planning Director Strategic Plan Focus Area: Commerce Subject: PUBLIC HEARING: Resolution No. 2009-120: Relating to Development; confirming the Marana Planning Commission's decision approving a significant land use change to allow the retail sales and rental of construction and farming equipment by the Earhart Equipment Corporation at 13968 North Adonis Road Discussion: Request and History Earhart Equipment Corporation has requested to use the property located at 13968 N. Adonis Road (APN: 217-28-OO1K) for the retail sales and rental of construction and farming equipment. Zone "E" prohibits residential uses but allows any commercial, industrial, or quasi-public land use which is consistent in its location with the Significant Land Use Change (SLUG) procedure. The SLUG procedure allows vacant land zoned "A-F" to adopt the land use of an immediately adjacent parcel as long as the proposed land use has the same major group level in the "United States Standard Industrial Classification Manual (SIC)" as the adjacent use. Anchor Plumbing is located next to the subject property. Plumbing contractors have a SIC major group value of "17". The SIC major group value for Earhart Equipment Corporation is "73". Therefore, the Town of Marana Land Development code requires a Significant Land Use Change procedure to establish this use. On June 24, 2009, at a public hearing, the Marana Planning Commission unanimously approved the significant land use change with conditions. On June 26th and 30th, in accordance with the Significant Land Use Change procedures outlined in Section 05.03 of the Land Development Code, two appeals of the Marana Planning Commission's decision were received within the five-day appeal period. The first appeal had ten signatures, two of which own the adjacent property that required the public hearing before the Planning Commission (these names have been highlighted). The second appeal was signed by two people who had signed the first appeal. The appeal requires that the Marana Town Council confirm, modify or reverse the Planning Commissions approval of the Significant Land Use Change. Proposed Use Earhart Equipment Corporation sells and rents construction and farming equipment. Their proposed hours of operation are 7:00 am to 5:00 pm Monday through Friday, 8:00 am to noon on Saturday and closed on Sundays. Proposed access to the site will be from Adonis Road, which is a major route listed on the Town of Marana's "Major Routes Rights-of--Way Plan". The site is bounded on the northwest by "VC" (Village Commercial) zoning; on the southeast by "E" (Transportation Corridor, Anchor Regular Council Meeting -July 21, 2009 -Page 107 of 145 Plumbing) zoning; on the southwest by "LI" (Light Industrial, Union Pacific Railroad) zoning and on the northeast by "A" (Small Lot Zone, Marano Estates subdivision) zoning. An 8-foot masonry wall is proposed to be built between the subject property and adjacent residential uses to help provide aesthetic and sound relief buffering. The location is highly visible from the Interstate. The service Earhart Equipment provides would be beneficial to both the agricultural and construction industries in the Town of Marano. Development, landscaping and improvement plans that meet Land Development Code standards and the conditions of this SLUC will be submitted and approved prior to any issuance of permits for the project. All access roads and public and employee parking areas will be paved in accordance with Town standards. The display area of the sale/rental equipment will be required to have a gravel base. Stored materials and equipment (excluding equipment on display for sale or rent) will be screened from view on all sides by solid fencing. This project is subject to the commercial design standards in Title 8 of the Land Development Code. Landscaping buffers will be created on all sides of the subject property in order to mitigate visual impacts to surrounding neighborhoods and I-10. ATTACHMENTS: Name: Description: ^ Resolution 2009- Resolution XX Earhart Equipment Corporation.doc O Ea_rhart__application~df Application ^ SLU-09024_ Location Map.pdf ^ Earnhart Conceptual Development Plan.pdf ^ Earhart_protest letter 1 .pdf ^ Earhart protest_letter 2.pdf Location Map Conceptual Development Plan Protest letter 1 Protest letter 2 Staff Recommendation: Type: Resolution Backup Material Backup Material Backup Material Backup Material Backup Material Staff recommends the Council affirm the Planning Commission's approval of the Significant Land Use Change with the following conditions to address neighbors concerns and meet Town standards: 1. All development, landscaping and improvement plans with all appropriate fees and meeting all Land Development Code standards will be submitted by the applicant and approved by the Town of Marano prior to any issuance of permits for the project. 2. Stored materials and equipment (excluding equipment on display for sale or rent) will be screened from view on all sides by solid fencing. 3. An 8 foot masonry wall will be installed on the northeast property line between the subject property and residential properties to provide aesthetic and sound relief; the design of the wall must be approved by the Marano Planning Director. 4. Landscaping buffers will be created on all sides of the subject property in accordance with the provisions of Title 8 and Title 17 of the Town of Marano Land Development Code. 5. All access roads and parking areas will be paved in accordance with Town standards. 6. The use of chain link fence is prohibited. 7. All applicable on-site utilities will be placed underground in accordance with the provisions of the Marano Land Development Code. Commission Recommendation - if applicable: A public hearing for this case was held during the June 24, 2009 Planning Commission meeting. Two property owners came forward to express opposition; one property owner came forward to support. The Planning Commission voted unanimously (7-0) to approve with conditions. Suggested Motion: I move to approve Resolution No. 2009-120, confirming the Marano Planning Commission's Regular Council Meeting -July 21, 2009 -Page 108 of 145 decision approving a significant land use change to allow the retail sales and rental of construction and farming equipment by the Earhart Equipment Corporation at 13968 North Adonis Road with staff- recommended conditions. Regular Council Meeting -July 21, 2009 -Page 109 of 145 MARANA RESOLUTION N0.2009-120 RELATING TO DEVELOPMENT; CONFIRMING THE MARANA PLANNING COMMISSION'S DECISION APPROVING A SIGNIFICANT LAND USE CHANGE TO ALLOW THE RETAIL SALES AND RENTAL OF CONSTRUCTION AND FARMING EQUIPMENT BY THE EARHART EQUIPMENT CORPORATION AT 13968 NORTH ADONIS ROAD WHEREAS, Earhart Equipment Corporation, representing Andrew Ronald Frank, the owner of the property located at 13968 Adonis Road (APN: 217-28-OO1K), applied to the Town for a Significant Land Use Change in order to allow for the development of a retail sales and rental store for construction and farming equipment on the property: and WHEREAS, the Marana Planning Commission voted unanimously to approve the Significant Land Use Change for Earhart Equipment Corporation, at a public hearing on June 24, 2009, at which all interested parties had the opportunity to be heard; and WHEREAS, an appeal of the Marana Planning Commission's decision to approve the Significant Land Use Change for Earhart Equipment Corporation was received in the Town Clerk's Office, and which requires the Mayor and Council to confirm, modify or reverse the decision of the Marana Planning Commission; and WHEREAS, the Mayor and Council considered the appeal of the Marana Planning Commission's decision to approve a Significant Land Use Change for Earhart Equipment Corporation at the regular Town Council meeting held July 21, 2009 and has determined that the approval by the Marana Planning Commission of the Significant Land Use Change for Earhart Equipment Corporation should be confirmed. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the decision of the Manana Planning Commission to approve the Significant Land Use Change for Earhart Equipment Corporation is hereby confirmed with the following conditions to address neighbors concerns and meet Town standards: 1. All development, landscaping and improvement plans with all appropriate fees and meeting all Land Development Code standards will be submitted by the applicant and approved by the Town of Marana prior to any issuance of permits for the project. 2. Stored materials and equipment (excluding equipment on display for sale or rent) will be screened from view on all sides by solid fencing. 3. An 8 foot masonry wall will be installed on the northeast property line between the subject property and residential properties to provide aesthetic and sound relief; the design of the wall must be approved by the Marana Planning Director. Regulq~~~~~~i~6~ly~a1, 2009 -Page 110 of 145 _ 1 _ 4. Landscaping buffers will be created on all sides of the subject property in accordance with the provisions of Title 8 and Title 17 of the Town of Marana Land Development Code. 5. All access roads and parking areas will be paved in accordance with Town standards. 6. The use of chain link fence is prohibited. 7. All applicable on-site utilities will be placed underground in accordance with the provisions of the Marana Land Development Code. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21St day of July, 2009. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regulq~~~~~~~~i~Q~ly~a1, 2009 -Page 111 of 145 _ 2 _ tpW Y p~. TOWN OF MARANA PLANNING DEPARTMENT 11_455 W. Civic Center Dr. Bldg A2 , Marana, Arizona 85G53 ~ `~ gk17.O~A APPLICATION FOR SIGNIFICANT LAND USE CHANGE Existing Use of Property: Vacant, but fenced for contractors' equipment storage. Street Address of Lot or Parcel Land Use Change is Requested for 13 9 ~ 8 Adonis Rd . Marana, AZ Adjacent Uses: Neighborhood town mark, lot with comm~rr_i_al mmefial building and residential- Present Zoning and Use: Zoning E, vacant land _ _ Complete Description of the Proposed Use and its Operation {Attach Exhibit ifNecessary); Retail sales , parts, service and rental facilitty for aG~ri Sul aural anci c-nn- structian equipment Number of Employees for Proposed Use: 10 initially, growth up to 25 . Complete List of Permits Required: Native plant--Grading--Right of way use-- Necessary buildin permits Automobile and Truck Traffic Volume Estimate• 3 spas sender gar/ ib ckux~ trucks and 7-10 ;urger trucks per dav. ___ For Non-Residential Uses, List the Uniform Building Code Occupancy Classification: M and S Will your Operation be Using or Storing hazardous Materials Described in Chapter 9 of the Uniform Building Code? Yes _ If Yes, Provide Information Regarding the Amount of Hazardous Materials and Hazardous Procedures: Abave cjround 5 0 0 c~a I lon d i P s~ 1 fuel s_toracLe; Hydraulic/Engine oil as well a~ paint--- all packaged far retail sale. Applicants Interest: ^ Own ^ Lease ~ In Escrow ^ Option to Buy Name ofApplicairt: Gordon H Earhart Applicant's Address: ~' . O. Box 2 6 5 8 8 Tucson A Contact Person: Gordon H. Earhart Phone:520-889-6396 ~v1•zte+ti ~ ~~r'iuF^'1 ~~ X:\PLANNING\FORMSIDEVPKG\2007\SigLandUseChange07.doc Page 5 of 7 (Rev. 4129108} Regular Council Meeting -July 21, 2009 -Page 112 of 145 ~pWN OF TOWN OF MARANA PLANNING DEPARTMENT 11555 W. Civic Center Dr. Bldg A2 , Marano, Arizona 85653 ~ . , z y a RRf~ ~' APPLICATION FOR SIGNIFICANT LAND USE CHANGE Name of Property Owner: Andrew_Ronald Frank and Candace Charvoz 3T/RS Address of PropertyOwner• 220 S. Bella Vista Dr. Tucson, AZ 85745 Contact Person: Gordon H. ~ Earhart Phone: 520-889-6396 Project Planner/EngineeringFirm:• Seaver Franks Firm's Address: 2552 N. Alvernon Wa Tucson AZ 85712 Contact Person: Michael Franks Phone:520-795--4000 I, THE UNDERSIGNED, CERTIFX THAT ALL OF THE FACT'S SET FORTH IN THIS APPLICATION ARE TRUE TO THE BEST OF MY KNOWLEDGE AND THAT I AM EITHER THE OWNER OF THE PROPERTY OR THA I HAVE BEEN AUTHORIZED IN WRITING BY THE OWNER TO FILE THIS APPLICATION~,~'D CHECKLIST. Gordon H. EarliE~rt Print Name ofApplicant/Agent Signature 5-01-2009 Date ~~~~ FOR OFFICE USE ONLY Case Number: SLU- l Receipt Number: J ~~ Date Filed• ~ ,J~ t/~~ Fee Submitted: ~~~,.._Q ~ ~ • Q Q Received By: SLY . ~~~- C /Z~ ~ ~S.LG~ 0 q0~- llf~ NOTIFICATION PROCESS DATE NOTIFICATION WAS SENT # ADJACENT WRITTEN OPPOSITIONS TOTAL NUMBER OF WRITTEN OPPOSITIONS GRANTED GRANTED WITH STIPULATIONS REFEREED TO PLANNING COMMISSION. PLANNING COMMISSIONS J Hearing Date : ~ ~ `y '- ~ ~ --- GRANTED Continued To : GRANTED WITH X:IPLANNINGIFORMS1t3EVPKG120071SigLandUseChangeo7.doc Page 6 of 7 (Rev. 4/28108) Regular Council Meeting -July 21, 2009 -Page 113 of 145 ,- ~~x.~ ~ `~°~, t .~._ .,~:~.~ ~ Earhart Equipment Corporation ~. ~~, ~ ~ _~ ~ .4; °`' ~° R~I~- `~ ~ I' ~^`~ CASE SLU-09024 San Lucas Subject Property V1+ MARANA RD i~ ,o z Q •z F~uT, /~T 'ST FA G 'J~ GRIFR RD Req ueSt o soo ~ Zoo n. Approval of a significant land use change for Earhart Equipment Corporation. Data Disclaimer: The Town of Marana provides this map information 'As Is' at the request of the user with the understanding that is not guaranteed to be accurate, correct or complete and conclusions drawn from such information are the responsibility of the user. In no event shall The Town of Marana become liable to users of these da~~ou~a~Loun~~`~lee{finny 19s~~ oG~r~irg~~dir~a s~~~i~I,Or}c~i~~ptal or consequential damages, including but not limited to time, money or goodwill, arising from the easement %' Y, M, ,~ r (°°~, gote •.~I ~~ i ~ ~~. ~ ,. wash coven exteriorservtce gale exterior setv(CB drive pate i~r' ~ !: ~/, ,~'S' >/ - , ~ _ ~~ SITE PLAH >~[~,~7,{ 1"~40' E HART EQI1rPMENT MARANA, ARIZONA Regular Council Meeting -July 21, 2009 -Page 115 of 145 ~~ AMQLE CIRCLE repaired parking 10,OgOsf 11400 = 25 spaces proaided parking = 31 spaces ~~ .~' ~. _~ SUBki1TTAt N0, fYbruarry~ zo, zao~~ Subj: Date: To: WE THE UDERSiGNED ARE OPPOSED TO THE PLANNING AND ZONING DECISION TO ALLOW THE EARHART HEAVY EQlliPMENT SOU 09024 TO BUILD iN OUR COMMUITY. WE REQUEST A PUBLIC HEARING WITH THE MARANA TOWN COUNCIL ON SLU 09024 Wednesday, June 24, 2009 5:05:5 3 PM Town Clerk ~~~-2~-~ Vii' 12 ~ 1 NAME ADDRESS ~ ~ ~~~~~ ~~ ~~ ~ ~ ~ ~-~ ~~j~ ~ ~~~ ~~ (G ~`1 Yl ~' ~ ~ ~ Ch ~~'u O~r ~~~~ ~~~ ~ t~~ ~~~~- GIUr fce, CC ~s~ ~'^' ~ ~~~~ ~ f ~ c~ ~~~~ ~~'.~ / ~j ~~~ l ~~~~ 6!24/09 America ~r~line : lamhere7 1470 Page 1 Regular Council Meeting -July 21, 2009 -Page 116 of 145 : - .,,.. ~.__ _,~. ~_. ~ ,___. _.______ -_ _~ ___._ ~ 06-30-~ 9A09 =38 RCVD n ~~ ._. . _. __ _. DATE10 / "~ _ _._ ~ _.. _ ____- `~©~~-I ~ ~~ ~ ~ .- law ~ cl ~.~z ~ _ .___ C~~- •"'~ ii ~~~~ ~z ~~s ~ _ _._ - ____ . ___._ ~__ _~. ~--~~.T, ~ L ~ -~va~ ~T.~sT .PI ~,~~ ~~ , . ~ . P ~ ~ ~ ~ __ .- ~_-~~. .. . 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CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, July 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. 2009.16: Relating to Development; approving a rezoning of approximately 4.8 acres of land from C (Large Lot Zone) to HI (Heavy Industrial) for the Marlund Co., L.L.C. on the east side of Breakers Road, approximately one- quarter mile south of Tangerine Road Discussion: REZONING REQUEST Southwestern Consulting Engineers, LLC, on behalf of Marlund, LLC, requests approval for a change in zoning on approximately 4.8 acres to develop a three lot industrial park. This site is generally located on the east side of Breakers Road easement, approximately one-quarter mile south of Tangerine Road in a portion of Section 5, Township 12 South and Range 12 East. The applicant proposes a change of zoning from "C" (Large Lot Zone) to "HI" (Heavy Industrial). MARANA GENERAL PLAN The 2007 Marana General Plan designates the subject property as Industrial (I). Staff finds that the proposed rezoning is consistent with the adopted Marana General Plan. LAND USE The tentative development plan (TDP) proposes that the property be subdivided into three industrial lots. The intent of the development is to provide the opportunity for future industrial uses such as contractor yards, warehousing or manufacturing. The final design and layout of the site will meet the requirements of the Marana Land Development Code. As a condition of rezoning, the owner shall be required to process a final plat in order to create any new lots. Access to the site is provided by Breakers Road easement. One private ingress/egress roadway is proposed from Breakers Road easement to provide access to all three lots. Currently, Breakers Road easement is a chip sealed roadway. As a condition of rezoning, the owner will be required to dedicate 30 feet of the subject property's frontage and pave Breakers Road easement with 24 feet width of pavement from Tangerine Road to the property's southernmost ingress/egress point with across-section acceptable to the Town Engineer. All outside storage of equipment and materials will be screened with solid fencing. A 25-foot landscape Regular Council Meeting -July 21, 2009 -Page 119 of 145 buffer along Breakers Road easement will provide additional screening. The site is bounded on the east and north by "HI" zoning; on the south by "HI" and "C" zoning, and on the west by "C" zoning. The applicant proposes to use an existing on-site shared private well located on lot C 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. As a condition of rezoning, the property owner will be required to 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. Trico will provide electric service to the site. The TDP is substantially compliant with the current Marano Land Development Code, the proposed zoning district requirements and the adopted Marana General Plan. PUBLIC NOTIFICATION A public notice for the hearing was published in the newspaper as well as posted at various locations around the Town. In addition, public hearing notification letters were sent to all owners of properties within 300 feet of the site. The applicant did not conduct a neighborhood meeting, but discussed the rezoning with the neighboring property owners. No issues or concerns were raised. To date, staff has not received any calls or letters from residents or property owners with concerns. WAIVER OF POTENTIAL ARIZONA PROPERTY RIGHTS PROTECTION ACT COMPENSATION CLAIMS To protect the Town against potential claims filed under the Arizona Property Rights Protection Act as a result of changes in the land use laws that apply to the rezoning areas by the Town's adoption of this ordinance, staff recommends that the applicant be required to waive any rights to compensation for diminution in value by execution and recordation of the attached waiver instrument. The Consent to Conditions as a result of changes in the land use laws that apply to the rezoning areas resulting from the approval of this zoning. If the applicant doesn't forward the waiver in time to record it within 90 days after the ordinance is passed, the ordinance becomes null and void, as if no action were ever taken to pass the ordinance. ATTACHMENTS: Name: ^ ORD Breakers Industrial Park_~0001.57090~ DOC ^ EXHIBIT_A_Breakers. Industrial Park.doc ^ Breakers Industrial Park Prop_207 waiver.DOC ^ PCZ-07131 Location Map.pdf Description: Type: Ordinance Exhibit Backup Material Backup Material Backup Material Backup Material Ordinance 2009 XX Breakers Industrial Park Exhibit A to Ordinance Prop 207 Waiver Location Map ^ PCZ-07131 application_pdf Application ^ PCZ-07131 TDP,pdf Tentative Development PCan (TDP) Staff Recommendation: Staff recommends approval of the rezoning subject to 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. The owner must dedicate 30 feet ofright-of--way along the entire western property line for Regular Council Meeting -July 21, 2009 -Page 120 of 145 Breakers Road upon demand of the Town or prior to approval of the development plan. 3. Prior to the Town's issuance of a Certificate of Occupancy for any structure within the rezoning area, Breakers Road easement must be paved with 24 feet width of pavement from Tangerine Road to the rezoning sites 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 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. 4. 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. 5. Any property owner of this parcel shall be required to process a final subdivision plat to create any new lots. 6. 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. 7. The Rezoning Area shall not be used for asolid-waste transfer facility. 8. Building heights in the rezoning area are restricted to a maximum of 35 feet. Commission Recommendation - if applicable: A public hearing for this case was held at the June 24, 2009 Planning Commission meeting. No one came forward to express opposition. The Planning Commission voted unanimously (7-0) to recommend approval with conditions to the Mayor and Town Council. The Planning Commission was concerned with the 55 feet maximum height allowed within the HI zone. Condition #8 restricting building heights to 35 feet was added by the Planning Commission. Suggested Motion: I move to adopt Ordinance No. 2009.16, approving the Breakers Industrial Park Rezoning with conditions. Regular Council Meeting -July 21, 2009 -Page 121 of 145 MARANA ORDINANCE N0.2009.16 RELATING TO DEVELOPMENT; APPROVING A REZONING OF APPROXIMATELY 4.8 ACRES OF LAND FROM C (LARGE LOT ZONE) TO HI (HEAVY INDUSTRIAL) FOR THE MARLUND CO., L.L.C. ON THE EAST SIDE OF BREAKERS ROAD, APPROXIMATELY ONE-QUARTER MILE SOUTH OF TANGERINE ROAD WHEREAS, Marlund Co., LLC is the property owner of approximately 4.8 acres of land located on the east side of Breakers Road easement, approximately one-quarter of a mile south of Tangerine Road in a portion of Section 5, Township 12 South and Range 12 East, as depicted on Exhibit "A", attached hereto and incorporated herein by this reference (the "Rezoning Area"); and WHEREAS, the Marana Planning Commission held a public hearing on June 24, 2009, and at said meeting voted to recommend, by a unanimous 7-0 vote, that the Town Council approve said rezoning, with the recommended conditions; and WHEREAS, the Marana Town Council heard from representatives of the owner, staff and members of the public at the regular Town Council meeting held July 21, 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 proposed rezoning of the Rezoning Area 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. 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. 3. Prior to the Town's issuance of a Certificate of Occupancy for any structure within the Rezoning Area, Breakers Road easement must be paved with 24 feet width of pavement from Tangerine Road to the Rezoning Area's southernmost 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 in Breakers Road easement, the property owner shall not Regulq~~yl~e~~~6D~yl~ 21, 2009 -Page 122 of 145 _ 1 _ 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. 4. 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. Any property owner of the Rezoning Area shall be required to process a final subdivision plat to create any new lots. 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, or 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. 7. The Rezoning Area shall not be used for asolid-waste transfer facility. 8. Building heights in the Rezoning Area are restricted to a maximum of 35 feet. 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 Ordinance No. 2009.16. 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 of this Ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21St day of July, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regulq~~~l~~~~~~yl~ 21, 2009 -Page 123 of 145 _ 2 _ EXHIBIT "A" Legal Description of Rezoning Area Approximately 5 Acres located in the South Half of the Northwest Quarter, of the Southeast Quarter, of the Northeast Quarter, Section 5, Township 12 South, Range 12 East, of the Gila and Salt River Meridian, Marana, Arizona. Regular Council Meeting -July 21, 2009 -Page 124 of 145 CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE N0.2009.XX MARLUND Co., 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-07131, filed on behalf of the Owner, which the Marana Town Council approved with conditions on July 21, 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. MAxL,UND Co., L.L.C., an Arizona limited liability company By: Michael J. Kauffman, Manager STATE OF ARIZONA ) SS County of Pima ) The foregoing instrument was acknowledged before me this day of , 2009 by Michael J. Kauffman, Manager of Marlund Co., L.L.C., an Arizona limited liability company, on behalf of the company. Notary Public My commission expires: Regul~e~YaQi~~~~e~a~~1~I~fi<~Cis lhd~isu'ia~~arkYYo~~OTwaiver.DOC ~':, ~~ , ~~ F _~~ ~. Breakers Industrial Park ` ,~. ~ ~~~ ~ . Rezonin 9 i {' A~ ~ r r ~ ~~ ~'~~ ~ ~~ r. ! 'R ~ `. ; "~, `~'~` ~ `°~"~ I ~'~ ~ CASE PCZ-07131 ~,,~, '~,^~ r~~ ~,F r:~s.~~~,r~.~. ~.N TAN ERINE RD-- Subject Property i,~,T F ~s~ 9T~ ro W AVRA VALLEY RD Request o isoo 300o n. Approval to change the zoning of approximately 4.8 acres from "C" Large Lot Zone to "HI" Heavy Industrial in order to subdivide and build an industrial park for 3 businesses. The property is generally located on the east side of Breakers Road easement, approximately one-quarter 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 and conclusions drawn from such information are the responsibility of the user. In no event shall The Town of Marana become liable to users of these d or n ther fo any I o dir dir t s I,i tal or consequential damages, including but not limited to time, money qr goodwill, arising from the ~~ u~arY~oun~i ~I~e{in ~u~ X11 ~ - ~att~'~~~ o~~~~ -- -~ ~~~ TOWN OF MARANA Planning Department 1.1555 W. Civic Center Dr. Marano AZ 85653 (520j3$2-2600 Fax: (520j382-2639 t u PLA~'NING & ZONING AFFLICATION 1, 1. Tl'PF, OF APPLICATION ~Check(1nc) o Pre]iminary Plat o General Plan Amendment o Variance o Final Plat o Specific Plan Amendment o Conditional Use Permit o Development Plan p RezonetSpecific Pian o Other o Landscape Pian o Significant Land Use Change o Native Plant Permit o Minor Land Division 2. GENERAL DATA REQUIRED Assessor's Parcel Number(sj ~ (~,,[y ~~ '~ General Plan Designation ~ l ~ Ta be confirmed h staf Gross Area (AcrefSq. Ft.j ~,e Q ~ +" Current Zoning ! To be confirmed b staff}. Develapmen#fProjectNome ~ ~ ~ i ~ t~ C• Proposed Zoning ~.~ Project Location '_ ~ ~ j Description of Project Property Owner ~ ~~ ~ ~ ~ : ~L Street Address /0 ~ ~~~ ~~~ ~~ ~ ~, ~ ~ . Cit y State Zip Code Phone Number Fax Number E-Mail Address ~ ^r' t 'tL~ .J'CJ tl~ ,r~ ~ ~~ j~ ~ i~~~ °~} ~ Ca ~ .~2~r.+ `a2~~-+rJfr f ~ Contact Person Phone Number c ~71n Applicant ~ ~ ~ ~ ~ vV Street Address ~~ City ~ State ~ Zip Cade Phone Number Fax Number E-Mail Address Gr~-r~ ~"~ ~'" ~~7 6 ~ ~~'- ~ Chia ~- ~, 2 ~-,1 d ` ~ S Contact Person ~ j ~ j / f '7~e tt t/{I c~ l Imo'°l'~'~`1 Gam- Phone Number Agent(Representative Street Address City State Zip Code Phone Number Fax Number E-Mail Address Contact Person Town of Marano Business License Na. 3. AUTHOR[Z.~,"PION OE PROPER"I'1' OR'NER 1, the undersigned, certify that all of file facts set forth in this application are true to the best of my knowledge and that I am either the owner of the property ar that I have been authorized in writiine by the owner to file this application and checklist: (If not owner of record, attach written au~rization from the owner.) I~~t ' ~ • ~_~r_ , .~ Print Name of A IicanttA ent ~' Signature Date X:~SI-IARED FILES1Review Checklist~tlpplication.doc May 2005 Regular Council Meeting -July 21, 2009 - P~ag~/ .~7 of,,1~5 1~ .;--, ` 4 F-" W Q ~_ w t ~ z L Q a ~t3,~ VV BENTA SCALE: 1 "=120' NOT TO SCALE w w !i Y w ti ~. w O N 0 w < ~ t f U T~ O THIS PROJECT 04 A PORTION OF THE EAST HALF OF SECTION 5 T-12-E., R-i 2-E 60' INGRESS, EGRESS ANO PIMA COUNTY, ARIZONA EXHIBIT R GENERAL NOTES t5.00ACRES i. CURRENT ZONING: "C" LARGE LA7 ZONE. 2. PROPOSED ZONING: "HI" HEAVY INDUSTRY. 3. PROPOSED USE: PERMITTED USES ENCOMPASSED BY "HI" ZONING 4. BREAKERS ROAD REFERS TO UNKNOWN/ UNNAMED ROAD WEST OF THE SITE. 5. THE IMPACT OF THE DEV0.0PMfNT TO THE EXISTING LAND USE ON AND OFF SITE IS MINIMAL. CURRENTLY FHE SIFE IS BORDERED BY TONE C TO THE SOUTH do WEST AND ZONE HI TO THE NORTH AND EAST. THERE ARE NO RESIDENTIAL UNITS OR PLANNED COMMUNETIES THAT ARE AFFECTED BY THE D£Y0.0PMENT. S GF 4,1p 6. THE SITE IS LOCATED WITHIN THE TORTOLITA FAN WATERSHED, DESIGNATED A ' " ~' Q : THE TOP CONFORMS TO AREA PLANS, BASIN MANAGEMENT CRITICAL BASIN ~ ~ .PLANS AND TOWN POLICIES. 7. THE DEVELOPMENT iS WITHIN THE PYGMY OWL CRITICAL HABITAT ZONE EASEMENT (TITLE REPORT LEGAL) ZONE Hi,HEAVYINDUSTRY(SE:LFSTORAGE] 10' (PROPOSED BY USFWS 11/27/02), THE PYGMY OWL DRAFT RECOVERY ZONE, DOCKET fiDi6/340 012C ~10' N 89'51'19" E 660.53' r ANO THE PYGMY OWL SURVEY ZONE i. THE DEVELOPMENT WILL HAVE NO ,~ i ! ° PARCEL A I i ACRE BUILDING ~1 10,441 SF MAX. HEXiHT.55' CONC HEA.DEH I FF'E=2107 PER PC/COT SD 213, TYP '= 80TH SIDES V 13:71 / 1 ~'~ , ~ ~'_ ~~:~':. RESERVE { PARCI 1 16 / ;~ BUILDING N2 10,962 $~ I' MAX. HEIGHT~55' FfE-2102 25' 10' t~rct>5 rn~ie e_ f ~RLS i 1 - P ,..mot ~'_' ~ ~ ~ ~ ~~ ~ ; ; ~ ; ~ , ~ i ,, SIGNIFICANT IMPACT ON ANY OF THESE ZONES. 15' ~; ~~;~ ,~"•'>~?'~~~' ~~/ ~~ / 10. 8. SEWER: CURRENTLY THERE IS NO PUBLIC SANITARY SEWER TO SERVICE THIS = 7 ~~~ •' ~ DEVELOPMENT. THE PROJECT SITE WIU. UTILIZE S£PT1C SYSTEMS ONSITE. .~ . a:.:1 9. WATER: THE PROJECT SITE. LIES WITHIN THE TOWN OF MARANA WATER _ I I r;: P+'. -- I .PARCEL C - -2.61 ACRES 3~' 1 B s.. i 'a:a1 ; ,- y, i l'-:1' BASIN 30' R/W 0£OlCAAON 1S707H ~~ ZONE C, LARGELOTZONE LEGEND O ~~ NEW PAVEMENT D ,~or~, ~;-:> 12x14 TRASH ENCLOSURE ® 12x30 LOADING ZONE / ~/ ~~ 1 '7 3x12 CANOPY TREE PLANTERS ~ ' ® 4x4 CANOPY TREE PLANTERS Q PARKING COUNT INDICATORS - B~g-ular Council I~~~ f .~i~~1AR7~9 -Page 128 of 145 RESERVE SEPTIC RESERVE FIELD AREA """' - ~u SE~~IC~PRIueu CgCh DCVCTCU Snr elrCinn7 . DEPARTMENT DISTRICT. THERE ARE NO CURRENT WATER FACILITIES EN THE AREA, z HOWEVER, WHEN AVAILABLE A WATER SERVICE AGREEMENT IS RECOMMENDED. ~~ 70. GAS: THERE WILT. BE NO USE OF NATURAL GAS ONSiTE. Bt11LDING ~3 ~' ~ ~ N>- 31. » C ELECTRIC: TRiCO ELECTRIC COMPANY CURRENTLY SERVES THIS AREA. 30,000 SF MAX. HEIGHT.55' ~ ; #~ 72. POLICE SERVICE WILL BE PROVIDED BY THE MARANA POLICE DEPARTMENT. fFE=2114 ; 4 ~~~ . 1.72' ZONE C. LARGE LOTZONE EXISTING SHARED WELL SIT oZ ~~ 13. THE PRQJECT SITE IS LOCATED WITHIN THE NORTHWEST FlR£ DISTRICT SERVICE AREA. ANNEXATION INTO DISTRICT IS REQUIRED PRIOR TO DEVELOPMENT PLAN APROVAL. ~~' ~` ^¢ ~ $ 14. WA57E MANAGEMENT WILL PROVIDE TRASH PICK-UP FOR THE SRf ON A t- ~ ' ~ ~ ~ SUBSCRIPTION BASIS. j % w ~ ~ 2 15. THE DEVELOPMENT WILL HAVE NO 51GNIFlCANT IMPACT ON SCHOOLS AND Ll. i_ NO PARKS. 16 THE DEVELOPMENT WILL NOT PROVIDE RECREATION AREAS / , . . ~' ~ ~ 17. PROPERTY OWNER WILL RETAIN OWNERSHIP OF ALL NATURAL./MODIFIED OPEN :' '; ~ ' SPACE WiTHM THE DEVELOPMENT. ; i i • ~ 18. THERE ARE NO SIGNIFICANT CACTI, OR TREE GROUPS ON SITE 19. CURRENT VEGATATNE DENSITY ON SITE IS 12X PLANT COVER 20. AN ARCHAEOLOGICAL SURVEY HAS NOT BEEN RECOMMENDED FOR THE OLl7ELOPMENT NOR IS THERE A HIGH PROBABABILITY FOR THE DISCOVERY OF ARCHEOLOGICAL RESOURCES. E ONSITE WATER STORAGE TANK 21. P.RRItING (',Aj.CU1.ATIONS REQUIRED: 96 PROVIDED: 84 REGULAR SPACES SITE ANp PARKING LANDSCAPED AREA 72 HANDICAPPED (8 VAN ACCESSIBLE) 22. BUILDING COVERAGE (ALL S LOTS): PARCEL A(BLDG 1)=22X, PARCEL B(BLOG 2)=24X, PARCEL C(BtDG 3)=259. R/W DEDICATION AREA-30' WIDTH 23. REQUIRED LANDSCAPE AREA (ALL 3 LOTS) LANDSCAPED AREA BUFFER REZONING BOUNDRY _ PROPOSED DRAINAGE EASEMENT LINE - - CENTERLINE PARKING AREA= 94,407 SF X 0.15= 14,181 SF TOTAL SITE AREAm 207,782 SF X 0.10= 20,77 F PROVIDED LANDSCAPE AREA {ALL 3 LOTS) ~/lp ^-~ p LANDSCAPED PARKING AREA= 2,700 SF r~Xl-I10~ ! I\ LANDSCAPED SITE AREA= 34,459 SF TI_NTAT(VE DEVELOPMENT South~Western ~ PARCEL21608012A V Y TOWN OF MARANA COnsuttmg 'a ZONING MANAGEMENT ,1`. CS 455 East 9U1 Street ONE "C"LARGE PARCEL TO 'x1"ZONE ~En ineers ~ - Tucson. Arizona 85705 DESIGN: DRAFTED: DATE: g ~.. OrvO ^ Tel.:(520) 628-1062 TEH ~ SW M1 V OS 09 r. L; Breakers Industrial Park Rezoning Development Capability Report Town of Marana Section 5, Township 12 South, Range 12 East Request: Rezoning from Large Lot Zone "C" to Heavy Industrial "HI" PCZ-07131 Prepared for: Town of Marana Planning Department 11555 W. Civic Center Drive Tucson, Arizona 85653 Project applicants:. Marlund Co. LLC 7810 N. Leonardo De Vinci Drive Tucson, Arizona 85704 Contact: Michael Kauffman President Prepared by: Southwestern Consulting Engineers, LLC 435 E. 9th Street Tucson, Arizona 85705 Contact: Steve Wollerman President South~estem Consulting ~. 435 e~sr gn, s~-eer ~nglneers ' ~. Tucson, Arizona 85705 ~~ "~ Tel.:(520) 628-1062 L,I,C -`~~~' Fax:(520) 628-1063 November 2007 Revised June 2008 Revised Apri12009 Final Revised May 2009 Table of Contents ~` Table of Contents ......................................:.............. ................................ ......1-5 PART 1-INVENTORY AND ANALYSIS ....................................................................:....... ........... 6 INTRODUCTION ..................................... 7 ................:.............................................. Exhibit A: Location Map ................................. ........... 8 Exhibit A-1: Proposed Lot Subdivision and Rezoning .................................................... Exhibit A-2: Future Development Plan -Compliance for Marana General P1an .......... ........... 9 ........10 I. SITE ANALYSIS AND INVENTORY ........................................................ ........11 A. EXISTING LAND USES .............. ........................................................ 1. Site Location in Regional Context:......:...._ ...............................:.................................. .......11 ......... 11 2. Existing Land Uses on Site : ..................................................................................:...... ......... 11 3. Surrounding Property within '/4 Mile Radius :........................................:..................... a. Existing Zoning within '/4 mile of the site :...........................................................:... b. Existing Land Uses. within'/4 mile of the site :......................................................... ......... 1 l ......... l 1 .... l 1-12 c. Building Heights :............:........................................................................................ d. Pending Rezoning within'/4 mile :............................................................................ ......... 12 ......... 12 ~ ............................................................................................ e. Conditional Rezonings: g. Architectural Styles used in Adjacent Projects :..........................................:............ Exhibit B: Land Use Map ................................................................................................ ......... 12 ......... 12 ..... 13 Exhibit B-1: Zoning Exhibit ............. . ........................................................ ....... 14 ,; Exhibit C: Aerial Photo/Land Use ...................... ..................................... ... 4. Well Sites and Well Site Table :................................................................................... .......15 ......... 16 B. TOPOGRAPHY ...................... ......................................................... ........17 1. Topographic Characteristics .........................................................................:.............. a. Hillside Conservation Areas ..........................................................:........................ b. Rock Outcrops :....................................................................................................... ......... 17 ....... 17 ......... 17 c. Slopes of 15% or greater :........................................................................................ ................................ d. Other Significant Topographic Features ................................. ......... 17 ......... 17 2.Pre-development Cross-Slope ........................................................................................ ....17-18 Exhibit D: Aerial Topography &Contour ....................................................................... Exhibit E: Pre-Development Topography ....................................................................... ......... 19 ......... 20 C. HYDROLOGY ................................................:........................... ...... ........21 1. Offsite Watersheds & Offsite Features Affecting the Site :.......................................... 2. Description of significant off site features ..............................................:.................... ......... 21 :........ 21 3. Acreage of upstream off-site watershed with 100-year discharges .............................. ......... 21 greater than 100 cf .........................................................................................:.......... 4. Description of characteristics of on site hydrology including :..................................... ......... 21 ......... 21 a. 100-year floodplain with discharges greater than or equal to 50 cfs ....................... b. Areas of sheet flooding and average depths .........:.................................................. c. Federally mapped floodways and floodplains ......................................................... d. 100-year peak discharges exceeding 50 cfs ............................................................. ......... 22 ........: 22 ........ 22 ......... 22 5. A qualitative description of existing drainage conditions along the downstream ........ property boundary ............................................................................................................. ......... 22 ......... 22 Exhibit F: FIRM Panel Map .............................................................................. ......... 23 . . . . . . . . . . . . . :. Exhibit G:Hydrology Map - Offsite Watershed Map . : 24 . . . ::: :: : ::: :: ::: ::: ::: : ::: ::: ::: ::: ::: D. VEGETATION ..................................... : ::: ::: 25 1. Vegetative Communities and Associations on the Site :............................................... ......... 25 t 2 Table of Contents 2. Significant Cacti and Groups of Trees and Federally-listed Threatened or .................... ...... 25 Endangered Species :............................................................................................................ ...... 25 3. Vegetative Densities by Percentage of Plant Cover :....................................................... ...... 26 Exhibit H: Vegetation ...................................................................... ...................... ...... 27 ~, E. WILDLIFE ........................................................................................... 1. US Fish & Wildlife Service Letter and AZ Game & Fish Conclusions : ....................... ......28 ...... 28 a. Threatened or Endangered Species :....................................... ...... ................................ ...... 28 b. High Densities of a Given Species :.......................................:..................................... ...... 28 c. Aquatic or Riparian Ecosystems :................................................................................. ...... 28 2. Other concerns expressed by ADGF ................................................................................ ...... 28 Exhibit I: US Fish and Wildlife Letter ................................................................................ Exhibit J: Arizona Game and Fish Report .......................................................................... ...... 29 .30-35 F.VIEWSHEDS ......................................................................... .............. .....36 ~' 1. Viewsheds Onto and Across the Site .........................................................................•--- a. Views and Vistas from Adjacent Properties :.............................................................. ...... 36 ...... 36 b. Impact from Areas Beyond Adjacent Properties ........................................... .....36 2. Areas of High Visibility from Adjacent Off-Site Locations :.......................................... Exhibit K: Viewsheds Off-Site ........................................................................................... ...... 36 ...... 37 Exhibit L: Site Photos ......................................................................................................... ...... 38 '~' Exhibit M: Site Photos, additional .......................................................................................... 39 G.TRAFFIC ...................................................................................... .......... 40 ...................................... 1. Existing and Proposed Offsite Streets ....................................... .... .. 40 ~} 2. All Arterial Streets within One Mile of the Project Site ................................................. a. Existing and proposed rights-of--way .......................................................................... ...... 40 ...... 40 b. Whether or not said widths conform to minimum requirements ................................ ...... 40 Widths conform to minimum requirements ................................................................ c. Ownership ......................................................................................................... ...... 40 40 d. Whether or not rightsTof--.ways jog or are continuous ................................................. ...... 41 ~; e. Number of lanes and theoretical capacity and design speed for existing roads .......... f. Present average daily traffic for existing streets .......................................................... ...... 41 ...... 41 g. Description of the surface conditions of existing roadway providing access to project ,~ site .....................................:.............................................................. h. A program for completion of roadway and intersection improvements . ......41 . 41 3. Existing and Proposed Intersections or Arterials within One-Mile Most likely to Be U sed by Traffic From Site ........................................................................................................ 4. Existing Bicycle and Pedestrian Ways Adjacent to the Site ........................................... ...... 41 ...... 41 Exhibit N:Traffic Overlay ................................................................................................... ...... 42 H. RECREATION AND TRAILS ..........................................................................43 1. Existing and Proposed Trails and Recreation Facilities :....................................................... 43 2. Inventory of Candidate Trails Table :............................................................ .....43 Exhibit O: Recreation and Trails ........................................................................................ ...... 44 I. CULTURAL/ARCHAEOLOGICAL/HISTORIC RESOURCES .............................. .....45 1. Location of Resources on Site :........................................................................................ ...... 45 2. Letter from the Arizona State Museum Introduction :...................................................... ...... 45 ' Exhibit P: State Museum Letter .......................................................................................... ...... 46 J. McHARG COMPOSITE INFORMATION ....................................................... .....47 ~° f Table of Contents LCULTURAL/ARCHAEOLOGICAL/HISTORIC RESOURCES ................................... 45 1. Location of Resources on Site: .............................................................. 45 2. Letter from the Arizona State Museum Introduction :............................................................ 45 Exhibit P: State Museum Letter ......:.............................................................................:........... 46 J. McHARG COMPOSITE INFORMATION ............................................................47 . 1. McHarg Composite Map Introduction ..........:............................................................. 47 .......... Exhibit Q: McHarg Composite Map .............................................................................. . 48 Part 2. LAND USE PROPOSAL .................................................................................................... 49 .. A. OVERVIEW ................................... 50 ........... ..............., ............................ B. TENTATIVE DEVELOPMENT PLAN.. .. 50 Exhibit R: Tentative Development Plan ...................................................:............ 51 . C. EXISTING LAND USES ..........................................................:... 52 .............:........ 1. Map of Zoning Boundaries and Existing Adjacent Land Uses ....................... . 52 2. Impact on Existing Land Uses On and Off Site ..................................................................... 52 Exhibit S: Land Use and Zoning Map ..............................................................................:....... 53 D/E.TOPOGRAPHY/HYDROLOGY .................................................................. ... 54 1. A description of how the TDP responds to hydrologic characteristics described in part l.. 54 2. Information and substantiation for encroachment/modification of drainage patterns........... 54 i-i 3. A map of potential drainage impacts to offsite land uses upstream and downstream........... 54 4. A description and map of engineeringand design features to be used to address ................. 54` drainage and erosion problems ......:.......................................................................:............... 55 Exhibit T: Drainage Concept Map .................................................................................. .56 5. A description of how the TDP conforms to area plans, basin management plans and.......... 57 ..............................................................................................:.............. Town policies............ 57 Exhibit U: Proposed Hydrology Design Features (Diagram) ................................................... 58 F.VEGETATION........... ................................................................. ............ .59 1. Landscape and Buffer Zones in TDP ..................................................................................... 59 2. Title 17 -Native Plant Ordinance ......................................................................................... 59 G. WILDLIFE.... ............................:........................:.................................... 1. Habitat Disturbance Mitigation and Continuity :.................................................................... .60 60 2. Land Use Cross Sections ....................................................................................................... 60 3. Outdoor Lighting Compliance ........................................................................ Exhibit V: Land Use Cross Section Exhibit Buffer Areas ...............:........................................ 60 61 H.VIEWSHEDS .................................:........... ................................................ .62 1. Offsite Views and Vistas :...................................................................................................... 2. Areas of High Visibility :....................................................................:................................... 62 62 I.TRAFFIC .......................................... ........................................................ .63 ' 1. Access Points :.......:......................................................................................................:........ 2. Off-site Road Improvements ................................................................................................. 63 63 3. ADT Projections :............................................................................:..................................... 63 .... 4. Impact on Local Streets: 5. Bicycle and Pedestrian Pathways :........................................................................................ 63 63 6. On-Site Right-Of-Ways :....................................................................................................... 63 ....64 Exhibit X: Traffic Access Map ....................................................................... J.PUBLIC UTILITIES.. . .65 1. Sewer :.................................................:...........................................:...................................... 65 Table of Contents 2. Water :.....................................................................................................................................65 3. Gas :........................................................................................................................................ 65 4. Electric :.................................................................................................................................. 65 Exhibit Y: Septic Systems Designs Exhibit ...............................................................................66 _ Exhibit Z: Town of Marana Water Department Letter ........................................,.................... 67 K. PUBLIC SERVICE IMPACTS ........................................................................68 1. Police :...................................................................................................................................68 2. Fire :.......................................................................................................................................68 3. Sanitary Pick-up Service :...................................................................................................... 68 4. Schools :.................................................................................................................................68 5. Parks :.....................................................................................................................................68 ,~ M. CULTURAL, ARCHAEOLOGICAL AND HISTORICAL RESOURCES .....................68 1. Protection of Existing Resources :...................................................................................... 68 2. Incorporation of Resources into the Development ................................................................ 69 3. Measures to Protect/Recover Archaeological/Historic Resources ........................................ 69 Exhibit AA: State Museum Letter ............................................................................................ 70 Bibliography ......................................................................................................:............................... 71 Appendix ..................................... . . . ................................ .............................72 PDEQ Pre-Issuance Satisfaction-Septic Letter ........................................................73 ,, ADEQ "Request to Change Well Information" ...................................................:....74 1 1 Part 1. INVENTORY AND ANALYSIS 6 INTRODUCTION This report summarizes the results of an inventory and analysis study recently completed. The purpose of this study was to establish and manifest all of the factors that directly or indirectly influence a rezoning decision in the subject property located at 7979 W. Tangerine Road, Marana, Arizona. Rezoning to HI(Heavy Industrial) is requested for development on site. This Development Capability Report is prepared in conformance with the Town of Marana Rezoning Procedural Guide and the Town of Marana Planning Department Rezoning Review Checklist. In addition to visiting the site, this report was compiled utilizing topographic and hydrologic analyses, responses from the appropriate governmental agencies and background data. The Preliminary Development Plan contained herein responds to the site's opportunities and constraints, while conveying sound engineering and planning principles. The existing condition for the project site is presently undeveloped land. The proposed development for all Parcels is Industrial Building Sites. See Exhibit A, Location Map. See Exhibit A-1: Proposed Lot Subdivision and Rezoning. a i i EXHIBIT A: LOCATION MAP 31 32 W TANGERINE RD 06 05 i H Q j I 3"=1 MILE ~ W gENTA ST ST w (~ W ~~~i~ U z ~ jO~,,C'j~~ ~~ 06 0 07 08 m 32 33 05 04 - THIS PROJECT ~5 04 08 !09 LOCATION MAP A PORTION OF THE EAST HALF OF SECTION 5 T-12-E., R-12-E PIMA COUNTY, ARIZONA 8 EXHIBIT A-1: PROPOSED LU7 SUBU/VISIUN ANU RCLU~ 0 00 ~~ ti o~ _ ~ _I _ _ - - I ~ v I ti N °' ~ -p I rn o m ~ (n M o ~ ~ ~ n S O o ~. ~ °o ~ ~ ~ Cam"' ~ r ~ C~ n cA ~ ~ !y m ro c W x ~ N rn 0 0 ~ D ~m~.~ ib ip ~ ~ d~ ~m ' I o I °. -Zi I a I °z l I ~ a ~ ~ ~ ~ l ~ N l _ z ~~ y ~ i ~'~ ~ ~ ~n I ~ I nn ~~I I I ~ m ~ 1 °z I I . I I ~ D Z I ~ ~ ~ ~ ~ I o m o ~ -------- w ~_ , J o a ~ 00 I N --------- v --- m I °' ~ a a~ ~ ~ ~ ~~ ~ ~o z~ ~ I I `` c\no v o `'n I ( ~~ ~~ I ~ ~ ~ ~ I I na n~ N ~ w ti m ~ ~ I ~ ~ . P ~ ~ ~ ~ ~ w I ~ ' I I ~ I ~"' ~o I ( acxi~ mz I O~o~ z~ L p ~~ 2 ~ m ~ U1 N I ~ - I D ^ D fr1 ~ m ~ a~ m n 0 1 t VI-'MtN l f-'LAN - GENERAL PLAN o y ~ l / ~~ ~~~~ "~'~~ ~ R ~: ~ n~cn ~ ;~~: ~~ m to c W ~. ~? U N uNN+S m ~O~Rp o } o~i W ~~~~ N ~~~~ Z g z `" ~ r ~=~v~Z~O~ mk BW~~~~ oo r~ m ~~W~OZa~m ~~ 2~$.. N'~ ~ ~~. g~ m z _~z,....r_, ~~~ " _ , ~ s ~ ~ ~;~ r.... ~ n~ ~ r , ~- n ., ~ \h ~- ~ T_ E -~ ___ _ 1 f, ~~ ~~ . m ~. jj K ~ { ~ ~~ F ~~ ~'___._.... ~ ~ ~ ~! ~~ ~`: _ ~ ~ l.___ .1 ~ ' '~~ ~ \ u y ~ ,. ~t- -- 4 raj ' - , ~ ~ ~, J ~ .~~ i ~ ~ .;~° _ _ ~ z _ ~rt -""~-IS~w-~_ 1- :%s,.} rr F ` 1 f \ 1 o ,~ ,$ ~ r - _ ~ ~ ~~~,n ~ fir ~ l I ~ ~ ~ ~ n ~ ~, ~ * y O ,, ~~ C ~ ~ ~ ~ m _ , ~, ~ ~ r ;~ r~ .. ~ ;_ ; r ~ - ~ ' ~ . m ~ ~ _- _ '-L,f ~ ~ ~ {~ ! ~~ 2 ~~~g~g~~~~ ~ ~~ Rg~ ~ ~ ~ ~ a ° ®~o®®ao® Q _ gg 9 ~~ ~€~~~~g~~~ ~ w ~$ ~ c o ~ ~ ~~ Q~g~~m~~~~ ~" ' $ $ ~ ~ ~ ~ ~ ~ s4i' A m 3 ~ tg Q "C'~ ~ ~ ~ ~ m ~ ~' ~. C ~ Z ~ ~~ ~ ~ s m $ m m , $ ~ ~~~ m m ~ ,, ~ ~~~~ e~ a ~8ss ~ ~. ~ F'` ~_ n ~' ~y I. Site analysis and Inventory A. EXISTING LAND USES 1. Site Location in Regional Context: The. project is approximately 4.8 acres, located 1/3 mile south of W. Tangerine Road and East of Breakers Road easement (reference name) in the Town of Marana, Pima County. The parcel is situated near the central of the Town of Marana, Pima. County in Section 5, Township 12 South, Range 12 East. The parcel is currently zoned "C" (Large-lot zone); assessor's parcel number 216-08-012A. (Please Reference Exhibit A, Page 8). This region is currently undergoing a transition from a sparsely populated, predominantly rural area to a patchwork of heavy commercial and industrial uses, higher density suburbs, and planned communities. This growth is irregular and characterized by social and economic diversity-it encompasses heavy commercial and industrial uses, upscale exclusive communities, and low-density horse properties. Existing or future planned resorts add another element to the changing economy of the area. 2. Existing Land Uses on Site: The Current land use is Vacant -Undeveloped (Please Reference Exhibit C, Page 15) ^ 3. Surrounding Property within '/4 Mile Radius: a. Existing Zoning within '/4 mile of the site: (Please Reference Exhibit B-1, Page 14) North: HI (Heavy Industrial) Northwest: C (Large Lot) Northeast: HI (Heavy Industrial) East: HI (Heavy Industrial) ,I~ West: C (Large Lot) South: C (Large Lot) Southeast: HI (Heavy Industrial) Southwest: C (Large Lot) b. Existing Land Uses within'/4 mile of the site: (Please Reference Exhibit C, Page 15) North: Vacant-Undeveloped (Park & Shade Self Storage of Marana LLC) East: Vacant-Undeveloped (Tangerine Industrial Development LLC) 11 South: Industrial/Residential (D&S Equipment & Properties LLC) Southeast: Vacant-Undeveloped (VIM Investments LLC) ~ West: Water Park (Breakers 95 LLC) c. Building Heights: ~ Structures within'/4 mile of the site are a combination of one and two story storage and industrial facilities. d. Pending Rezoning within 1/a mile: NW Storage Group (PCZ-07081) parcel 216-08-0080. Tangerine Industrial Lots(PCZ-05017) parce1216-09-0010. e. Conditional Rezonings: Tangerine and Breakers Rezoning PCZ-02082 ' Ordinance 2002.26, , Parcels 216-08-002E, 216-08-002G,216-08-002H and 216-08-012C Tangerine Rezoning PCZ-03107 Ordinance 2005.10 Parcels 216-08-013A and 216-08-013B Ironwood Acres PCZ-06028 Ordinance 2006.30 Parcels 216-07-OOIA and 216-07-OO1B f. Subdivisions/Development Plans Approved: Park n' Shade DPR-02103, Parcels #21608002H and #21608002E g. Architectural Styles used in Adjacent Projects: ,~ Breakers Water Park is located to the west adjacent project. Here, the architectural style can be defined as an open space-frame, amusement-ride style water park ~ design. The D & S Equipment & Properties LLC parcel, is located to the south and adjacent project. Here, the architectural style includes adouble-wide mobile home used as an office and several steel buildings for industrial uses. L 12 EXHIBIT B: LAND USE MAP ~v~o ~ ~~ ~ sv G) ~ ~~~5 N ID N N ~ ~ 'p O Q N ? .~. N u7ON ~3m,o w°1cm a3~m v °- v ow ~ O n O 3tD~ ma ~~~ m ~ ^ S O ~j tp N O N oo~ m W 2 m m O _ °, ~ D ~ m n z ~ ~ ~ D ~ D G) N y N m m ~ ~ Z ~ x O D m ? [ O ~~ o m rn . ~ ~ N rn ~mw O O D a rn ~ D m ~ ~~~o N.Zto O O 0 ~ ? ~ O A o ~ r ~ U, o o ~ ~~=o Z m~ °w N ,-. ~ cn ~ ~ n j ~ ~ m D 0 vw~ x r0 ~ n Om N~ 6 ~ D N~~ n, ~. 3 b p ~ o ~~~ ~ n -o C °° v 0 5' ' ~co _ . m 3'~ N n TT N N m~ o°3 i p z y N_ ~ ~ rn ~y ° D ~I ~ y ~ ° c ~~ O N °' ~ D o r o m n ~ o~ O D T D o o o Qto ~+ ~ C) -I A c n DDo N ~~ Z ~~ zOD ~ ~ ~~~ n t x r N o ~ ~ m Z m Z Z D~ oo ~ ~~ Do O L~l~ ~~ O N O= o m ~ p ~ ~ o GD ~ SOS n mD ~ ~rv o C rn tn iw ~o~ o ~ O D " m rOym m~m o ~ ~ -i ~ vm ~~ p o ~ ~ O n m~ O Z ~ < N m m y (11 D ~ M ~ O ~ ~ p~m r w y o ` _ ~x ~ ~ p m z~ ~ ~ c ~ 5 ~ ~ m ~ ~ (( ]] OC ~~ < m z D D z x f~11 o ~ r D~ z m z < ~A . ~~ CD Cn z ~ z z N -i Z ~ ~ - m m ~ r~ o c-> m -ice o N~ rr O cm rn ~ m z Oz o Omo [_ C-tD ~ ~ Z o o~ cmi ~ ° ~m ° ~~O C~ V1 fA ~ o _ <z `'' N N < m Zo D nm r ° m-a 00 o~ c°a ° Z r - ° ~c ~ x~ °~ - ~ Z O ~ nD C~ -~ ' mn ~ ~ r .~ j ~ A - m r D Np ~OZ D~ Z.Z1 ~N k c ~ °z~ c~~mo n N N 3 m ' =x"00 ~# O~ O m ~ 0 0 ~ yn aoz--~ D D t .r N o ~ tno~ ~m m m CO ~ m rnrnc n v o 0 ~m ~o 2~ =N ~ ~ . Z .. ~ fm mD n ~ m ~ _ / / / v ~ ~ ~ ~ ~ Q7 L~ .. •• o m. o ~o 'w~ ~ v x~ o.. ~ In d O PG. 13 u t 1 s Exhibit ~-1Loning Exhibit 3 chi 7' o O ~~~m ~ ~ D O ~ ~ ~ a ~~~~ y ~ ~ ~ ~ ~ ? G ~ ' C~ N ~ ~~ ~ ~ O 7 _ ygO~y ~ (O Q m ~ ~ .. 3 ~ ~ ~ n~ cm a~ a~ ~ mom o O. ~ O O ~ 3 ~~ ~o W m ,~~3 Z rn o~S ~. m ~ D Q~ ~ < /~ ~~ ~ ~ W m L7 m o mm ~ J~ a~ ~ ' $y~' ~ O # n ~ _. L7 O 1 ~, ~~~ ~ j nO`2 oa m k ~ ^. , ~~'~ ~~ ~ ~ i N o ~ ~. --- ---------------- ---------- -- - - - UNKNOVJf'J ~'~ Z P ; ~~ Q T V ~(~~ ~ ~1~{ T ~ v'4•~ `tS ~ ~~ y ~ /t`t y ~ z~ ~~ ~ r ~ o ~~~~~ . ~r ~ ' t } ~ ;: a 1 m t~ ~`~ fl. q w ~~, R sr M, /~ L S~~ P ~ ,~^il < .. W ~ t ~ . ~ ~ ~ , ,r '~ ' l J N' ~y7ts ~ `' 7,`~j`~ rE ,~.+ d i ,c b 'u lk~ ~s .ar~R~ ~ ~ ~3 ,~ ~ ~~ c ~' 1a ^~' :~ ~ f 7 te ~ {kd' k ti~ " x Z ,y"t f'~Y a{' 1 J:~ ~ I r` A ~ yy .--)) T ~ % l •6. ~~ ~ r rxr~ 'a dY z "`~1 Y rr ~ ~~ n J '~ t x ~' '° i ` ~ e ~ r ,, ,~ ~, ~ a,~ r r s 4 ~ . F' i ~ ' t ~ ,' ~~ A ': y f ~ ~ r r fi'`~ 1 . N 1 q ~ 'N 1}< 'i ~~+ f ~ ,.„ .~"; _a`x x - s4 _, tea., :- t ~_ ~ yz ~ ,; ~~ ~~ 2rAA<ZCf~~7~~A~~3 :O A.'I~IA~A.T,1Drtip(~mD7~~ c~w~Dm ~ m <An(~OCAAxO ao oo~o>w~ ~ O~ O O ~ W ~ + A N m (p .~.. C V O > d Cl O W N y N y C1 O. D ~° ~J mxr-A~4zo ~~~~~~nmmrnvitnv~cnv~~ Gov 3~~ Dm ~d ' b ~ ~ ~ m o. ". ~ n m ~ o ~ ~, ~~ 3 S 3 7 7 3' 3 5~ n~ ' i ~ ~ ~i m m 3 ~ W m o z ~ fD ~ ~ c < uTi m m m f~ T ~ ~ ~ ~ ~ ~ r N a `u a c ~ S ~ ` • 3 3 ~ ~ , 3 0 ~ N ~ ~ 3 3 ~ 3 ~ ~ 3 ~ m 'm ~ A ~° 3 gym S• ~ o N ~ ~ ~ ~ fl fD _ . , , , . . _ . m m ~ ~ ..L ~ ni ~~ m g~ m~ x 3 A A A A A A A A A C7 ° ~ ~ W w N w ~ N N N ~ N f d N N ~~ m~~ = O N ~ =~ co n a a c a c a& S O m m 3 w~ o m m m m m c~ ~ ~ m '° 7 ? ~. ~ 3 ~ ~ ~ ~ N 't~y O m O ,~ m ui m m m to m 9i ~ c 1D " ~ .~~ ~ H ~~ ~ 0 14 4. Well Sites: According to records from the Arizona Department of Water Resources (ADWR) and Pima County Land Information Systems, there are twelve well or water rights located within '/4 mile of the development site. There is one well which lies within development site, or is at least 100' to the Project Boundary. (It has been identified as well ID # 585372 as named Paul D Cutler Owner -below). The Current Owner, Marlund Company LLC, has filed with ADEQ a "Request to Change Well Information" to change the Well Ownership name. Please reference the Appendix, Pg 74 as to the confirmation of this fact. The Existing wellsite ID 585372 is capped and is not currently cataloged. The Owner (Marlund Co,LLC) will be required to submit the required ADWR permitting information:. hydrogeologic data, and engineering. reports, studies, drawings, and maps, specifications, analyses to .support the evaluation of application for a ADWR permit prior to re- classification and utilization of well site 585372. Well Site Table Well ID Owner Name Address City, State Code Well Depth 514920 Wright Properties LLC 1492 W. Montebella Dr. Tucson, AZ 85704 400 509253 Fickett Robert C PO Box 36057 Tucson, AZ 85740 1000 507968 Buhrke Family Enterprises,LTD 325 Chatelaine Court Willowbrook, II. 60514 320 501637 Breakers 95 LLC 8555 W. Tangerine Marana, AZ 85653 415 500800. Breakers 95 LLC 8555 W. Tangerine Marana, AZ 85653 572 525213 Advantage Material LLC 10500 N. Oracle Rd. Tucson, AZ 85737 350 507284 Bown, J L 7880 N. Rasmussen Tucson, AZ 85741 345 203032 Park N Shade RV LLC 322 E. Tangelo OroValley,AZ 85737 320 585372 Paul D Cutler 10915 N Sandra Rd. Tucson, AZ 85742 305 16 B. TOPOGRAPHY ~' 1. Topographic Characteristics: Existing topography at 1' contour intervals are shown on Exhibit C. The site can be generally characterized as a flat, undeveloped parcel. The ground elevation varies by 17 feet from the northeast to the southwest corner. The southwest corner elevation is approximately 2096 feet rising to approximately 2113 feet at the northeast corner. a. Hillside Conservation Areas: The site is not located within a Hillside Conservation Area. b. Rock Outcrops: There are no rock outcrops on the subject site. c. Slopes of 15% or greater: No areas onsite contain slopes of 15% or greater. d. Other Significant Topographic Features: There are no other significant topographic features onsite. 2. Pre-development Cross-Slope: The average cross slope (ACS) for the entire property is approximately 7.6% based on undeveloped grades. The average cross-slope was calculated by using the formula below: Average Cross Slope = I x L x 0.0023 A Where: I= contour interval L= Total length of contours 0.0023= conversion of "ft^2" into "acres x 100" A= total site area in acres The Cross Slope for Proposed Parcel A is as follows: CS = 4.3% "' The Cross Slope for Proposed Parcel B is as follows: CS = 3.2% The Cross Slope for Proposed Parcel C is as follows: CS = 3.6% 17 The grades are conducive to the development. Given the measured cross-slope, the project site is not subject to any development limitations as set forth in Chapter 19 of the Town of Marana Zoning. Code. 18 Exhibit D: Aerial Topography and Contours 19 IBIT E: PRE-DEI M o ^ ~ y l / S o ~. C/l ~ ~ ~ ~ ~ ~ n ~ ((~ ~ ~~ ~ ~ m ~ ~ ~~,, x ., n W N N 7 N O O Y ~ ~ ?~ ~ ~ ~ 3 ~s a t~ ~ ~ ~ m W N Cn n O W mz m°m p x~ xcn Z a A ~ m m N °m A O~OOr m~ A ~~~o; m_ mo oAn~° z~ .. oon~ y~ .. ~m~o ~y N ~ c~i°`"~oZDn °R1 2 c. O.. _ "~ ~7 co a °o.A.' ~ i o m < O!~ 7/7 ~, ~ ~ ~~: l ~< ~~~ ri p ~~ .-~ ~x ~, _ 0 a ~ m ~ y m (7 ~ (n r ~II Oo \~, ~om C. HYDROLOGY 1. Offsite Watersheds & Offsite Features Affecting the Site: Offsite drainage impacts the site at four (4) locations along the northern and eastern property line. The offsite watersheds coalesce onfite and are combined into two (2) watersheds that exit the site along the western and southern property line. All of the watersheds will be conveyed in awesterly/southwesterly direction. The magnitude of the runoff is not contained within the banks of the existing threads of channels, and will be conveyed through the site as sheet flow. The boundaries are shown on the Offsite Watershed Map as delineated on the Pima County GIS 2 foot contour interval topography and the 2005 Aerial Photograph. 2. Description of significant off site features, natural or man-made, with above watersheds affected by or affecting the site(See Exhibit G, Pg. 24). The offsite watersheds are characterized by shallow sheet flow conditions. The channels are undersized and typically are braided. The runoff from extreme events will break out of `existing channel banks and will be conveyed to the southwest as sheet flow. While Tangerine Road will act as a grade control structure, the runoff will be forced to enter the southern properties at defined locations; however, the receiving channels are undersized. The runoff will continue across the property as sheet flow. Concentration Paint 3 represents a watershed that is diverted away from the project by the construction of Tangerine Road. The road is elevated three (3) to four (4) feet above the thalweg of the channel and breakout is unlikely. A detailed study of this watershed and the conveyance capacity of the roadside channel will be prepared with the Drainage Report for the development. The 100-year peak discharge from Concentration Point 3 will not be used in the design constraints or analysis of the proposed project 3. Acreage of upstream off-site watershed with 100-year discharges greater than 50 cfs. Concentration Point 1 includes a portion of the site, approximately 1.74 acres, and includes two (2) of the four (4) offsite watersheds consisting of Concentration Points L 1 and 1.2. Concentration Point 1.2, the largest of the offsite watersheds, drains an area of approximately 70.94 acres which will be developed to a low density of one house per 3.3 acres (zoned R-144). Concentration Point 2 includes the remainder of the site (approximately 3.03 acres) and includes the remaining two (2) offsite watersheds. The offsite watershed along the eastern boundary is smaller and drains areas of approximately 21.2 acres and 3.35 acres respectively. 4. Description of characteristics of on site hydrology including: 21 a. 100-year floodplain with discharges greater than or equal to 50 cfs. 5 The property is located within a FEMA Zone AO where base flood elevations have not been determined. The 100-year discharge will be conveyed as sheet flow and exceed 50 cfs. .The regulatory discharge as the runoff leaves the site is approximately 245 cfs and drains an area of approximately 104.44 acres. b. Areas of sheet flooding and average depths. The site exists in its natural conditions. The site has been designated as being located within a FEMA Zone AO, pursuant to the Federal Emergency Management Agency (FEMA) on the Flood Insurance Rate Map (FIRM) Community Panel Nos. 04019C 0995 K; Effective dates February 8, 1999. This indicates that the site is located within Special Flood Hazard Areas inundated by 100-year floods where no base flood elevations have been determined, however the approximate depth of flow was determined to be one foot and the velocity of the flow is five feet per second. c. Federally mapped floodways and floodplains. The FIRM panel `has been attached per Exhibit F. The site has been designated as being located within a FEMA Zone AO, pursuant to the Federal Emergency Management Agency (FEMA) on the Flood Insurance Rate Map (FIRM) Community Panel Nos. 04019C 0995 K; Effective dates February 8, 1999. This indicates that the site is located within Special Flood Hazard Areas inundated by 100-year floods where no base flood elevations have been determined, however the approximate depth of flow was determined to be one foot and the velocity of the flow is five feet per second. d. 100-year peak discharges exceeding 50 cfs. The property is located within a FEMA Zone AO where base flood elevations. have not been determined. The 100-year discharge will be conveyed as sheet flow and exceed 50 cfs. The regulatory discharge as the runoff leaves the site is approximately 245 cfs and drains an area of approximately 104.44 acres. A qualitative description of existing drainage conditions along the downstream property boundary. The offsite runoff will be conveyed through the site as sheet flow.. The downstream properties will also accept and convey the runoff as sheet flow. 22 ... 3^' r*rwP^{ x s (r ~ _"t r 1 ~ r i ^kx z ti - "'7 ~~ ~ ~ t -ad s ~ ,r.~ ~ 4 v~ ~ ate' t i ~ ~ < 1 t c S,k x7~~ ~1~j~ 'A`y s ~~ r ; ~ x .x w y, ~~ , )ti v, ~ ft 't #.+ ?r ~~ ~_ x ~ ~ { ~ ~ ''' r ~ ~ 4 a ~ ' 4 ~ ~ y t ~ ~ •< ~ ` ~ ~ r x ~ _ t ~ ? -.. r' _ ~ .v r ,1 Y - z e Y 3 v k :. ~ ~ :? ~~ 3 r'c. - { ti = k ~ ,-era : y vi z i Ai .; ''+'~" e ' Y 1. ~3 f ~ 3. y .f C L rl .. c 1, ft ~! ds ~ z x {` ~.. ~,yhgy, Lk1 rr ~N' N _,ca. r s', .n i l ' h^ 1 r. S f :~Y+ {'s.'r:'r ! ~ _ "P. K r 8i. ,.i ,.,}, yfYe{tt (hJJJJJJ•jjjkkk~fff _ .~'. e ` [ 7% = e ~»~ ~ ti j ~ r t i ~ .`w ,tom a >* a., ~ rtii a ?„I r "' J ~,. , x `• '' r x ~ -k ``F v, k t, ~x ~y `~.~~ ~1 ~, a t rz iC ~r a .`~ ~ -~'E-n ~4 ~~~ ~r > ~ , Y 't.J ~ " ~ yy 4 r 2 ~ tx{ ~ x~b rt s.. ~r r - '~1 ~~\ ~~~`. ~ Y, x .: } s i '~` + t~ ~ ,~ h, ~^lr W~ r.~ f .'b r~~~ai y.i~ ~ ,4 ![L r~ f k 'av ~ ++'t ~ it ~ "~ E"'[.- i ? S~i ¢ - ~ ~ 5 ) 7 ~ - Z ~ 4 ~\ i,~ i s rr s- w r 3 - L 'r "\ '`'~ f ( [ 1 r u. ~ A .(IZ~ay. a ~( ~~7 n ~ f ~ 13 H ~ YS f3h~ L rMrn -- ,ny ~„~, 'Y 1, +..~ w '~ . i r^°~°'j'` - C ~ ~ ~. r ^t^., K 'iM- s e. .....~. ("~ \ ~. via ~ ~r n ty;< t ~i nr ~~R .,~, ~'4" -ev '3 r .r ~ d " H,> ~ ar oy x t '^i "i ~ d sf 'ci ? ,t~ ~rlr ii ~ H -' 1S' . -a, qC, a ~~. ~ Y trF ~ y 'F 3 w-~-~c,~ '+f~, S~ ~, r F G"~ i i<PY ~ Y - ~' '~,t ~?, .y .~~.t~ - ~~ .{ f~+iro uwr ~FS~~ x r b `p ~. j~ r tY S ~ ~If ~. +...~ ¢ ~ n rj .c- ~.a+x ~+ ~'. w~ *~ v ; ,-k -r'~ n "[..t ,~~hi r ~~ v 7 ~' rrF f ~ 'a ~ x.~"~'{y ~ •s ~' ~ r: u ,fair ~-ts Y s "v / Y .s' . h _'.~ a ={ dr<" ~4r M 9 4 ,~l',~ ht " tvn } ~tJ " .. _ H'~ ~~c ~.~....5-.s rFx x..'a.. t ra'~ s .s Z j ~,t .+ t : 1 _k f .,f ~... -.. ~ Fem. ! ,: '~ `mob-c"'"~'7C -v--'-___..._ ~y. ,K,~ 4~ s 3r 7"i r f= z ~ 4 rr ~ ,;fir ~ ~~ ~r ~ v "q tt T-.; ~ { tr ~A '~ '"{ r " "Y .~ ~ ~ .~~ . { r 1w.{ Y by ~~. ~ > ,'tiL~ i t ~ ~ r -. t } ~~ ~ ~t~ ~ ~ Y ~ s if ~ ~~ R 4 'r z ,~ ~+, l ~ ~ Ads ~ '} ( ~_ ~~ ~. s ...f .~,4 ~Y t ~ .,: :, j ~` , µ ~ ~ .y ~ .: .. 1 t ~~ . S-` ~ j '~ ~~ ~ Exhibit F: FIRM Panel Map ~~v~ ~~~ _.-~--. _----~--- __ Q ~- ~ o ~ ~'° ~, - - -- b z ~ n ~ ~ ~ Cet ~ _ ~j,',. a ero ~ Q O ~ ~ ` ~ rq ~. n O *~. ~m~`b ~ ~ ~ s~ ~ O ~ ~~~~~ ~~ ~ ~ ~ ~ m a ~ ~ ~ ~ ~~ ~~ ~~ ~~ n I~ ~ ~ :. ~ -v ~~~~ die=~ aa~- Exhibit G: Hydrology M - Offsite Watershed Map .: tr:~ - ~ J _~, ~ i i _~ ,_.;tl ., .;~. ~^ LEGEND `t.t + t,,onoentr8tion Point -•-,.J Flow Dlrecdon ,,,~ ./ Waben~hed Boundary N a zsw soo~ ~ +~yv, ~.~„~, n; ~~~ E~IN~NINN, LLC 10°°$•`x""~~"`~°'* 7979 TANGERINE ROAD n Tua~on.AZ86742 n r~a~ofsrz~aa r-.~~e~-eo~- 4.77 ACRE PROJECT fylAMyef Fyi~tYe dyerify BEIdG A PORfIfN+l QF SECTWN 5, -12-& R-13-E G.lrS.R.AI. TDWN OF MIIRMK WW 1 1 ' D. VEGETATION 1. Vegetative Communities and Associations on the Site: The site is located within the Palo Verde-Saguaro Association,of the Southwestern ' Desert scrub, Arizona Upland Subdivision of the Sonoran Desert Community. (See Exhibit H, Pg. 27). 2. Significant Cacti and Groups of Trees and Federally-listed Threatened or Endangered Species: 1 1 A native plant inventory has been completed for the project site. A native plant permit(NPP) will be required prior to any ground disturbing activity. Once the NPP is issued a plant inventory method will be selected as required. The charts below provide summaries of protected plants that have been inventoried by species;. numbers of unsalvageable and salvageable plants, salvage requirements (50% for desert ironwood, 30% for all others} and number of salvageable plants to be transplanted on-site and preserved-in-place: MarLund Co. LLC Native Plant Program Removed Species from Salvageable Salvage Transplanted Preserved Site Requirement On-site In Place (Unsalvageable) Desert ironwood 6 26 40 12 14 (Olneya tesota) Whitethorn acacia 10 7 2 7 5 2 (Acacia constricta) . Foothill palo verde 1 3 63 2 1 (Cercidium microphyJlum) Bluepalo verde 0 2 0.3 1 1 (Cercidium floridum) Velvet mesquite 2 2 18 2 0 (Proso is velutina) Barrel cactus 0 2 2 1 0 2 (Ferocactus wislizenii) . Total 19 42 18 l 8 The US Fish and Wildlife department provided a list of special status species that may potentially occur within five miles of the site The list included the following plant species: 25 1 1 1 1 1 1 1 Scientific Name Common Name ESA USFS B1M WSCA NPL THORNBER FISHHOOK MAMMILLARIA THORNBERI SR CACTUS TUMAMOCA MACDOUGALII TUMAMOC GLOBEBERRY S S SR S - Sensitive. Those taxa occurring on National Forests in Arizona which are considered sensitive by the Regional Forester SR - Salvage Restricted. Collection only with permit 3. Vegetative Densities by Percentage of Plant Cover: Vegetative densities on the site were measured from aerial photographs and verified by onsite field investigations. Vegetation canopy coverage for. shrubs and trees was calculated using aerial photographs (perennial grasses and groundcovers were not considered). Exhibit H on page 27 depicts vegetative densities for this site. Vegetation Densities were calculated as follows: Medium Density: 15-25% Low Density: 75-85% There are no areas of high-density vegetation onsite. The site consists mainly of low- density vegetation with small areas of medium-density vegetation. 26 ~ 9 o 4 ; H m g~ s o y z ~ i I N O °z_ i ~ ~ S 8 ~ o F M n O ~' ~ CD ~'T rt nv~(A ~ -~ `,: \~ m ~ c W x n N O O ~ d rn rn ~ ~ m W o ~ 3 °rn rn~ W N v R mz x~ mm xv~ p Z ~ ~ ~ m ~ Oy " m ~,=„ ~ m ~ ooh-, ~ o~ m m= m r^ ~ aa'i°' a ° y~ o R ~ n w ~m~ ~ ~~ Zy ~~ -i~ 00 u~ NI v -i ~ Z n oZa A 2~ ~ m 0.. m 2y o~ ~~ og ~~ 0 0 ~C! ~ A oNr ~ 4m _ ~~ ;F 5 ~ ~ ~ O ~r N ~~ Z~ og ~o n ~z D ~_ {~QQ '7f ~ ... m ~ ~ m o N o o ~ Z D ~ n o ~ N N N N W J ~ 2 (~ z m u ~ ~ 5 ~ ~ ~ < m ~ Q Z m O N O N N N = .Z7 0 N O O + x n D m ~J~ 0 0 _._._ s..,7~ F c.,.. ...j rr ~UNKl~lOWN RCl6+D . .~ art. ;:~s -.~- ~... (R£f. HME: BRf.NCERS R~AO) - <g L r'. -H .. ~.~ .. 'fin ~. s' ~~; 3 ~' s~~~: ~ ~~~ +~` ~rx y J t ~ ~.A-. 2 ki. 4 a, 4 ~, ~ ? ~j ~ ~:, ` v m / ~ 3 ~ f ~,~ ~ i4h~. µ O ~~ ~~, ~ m . ,' . ~~J! ~ k ~~ . ~ ~ ~ y 'vj "~! ri 4 ,•l i ~ v.'... :- ~ '. c 1 .. w iv Y'y ~ i .. . , _. __ , . 1., ~~ s r _ j ~. ~ , _ ... ,r .o . E. WILDLIFE 1. US Fish & Wildlife Service Letter and AZ Game & Fish, Conclusions: ' A letter from the Both the US Fish & Wildlife Service Tucson Regional Office and the On- line Environmental review for the Arizona State Game and fish department is included in this report (See Exhibit H). The conclusion is that the project site will have no significant impact on any of these zones. a. Threatened or Endangered Species: ' According to the A.G.F.D. the following species may potentially occur within 2-5 miles of T13S, R12E, Section 2 Scientific Name Common Name ESA USFS B1M WSCA NP1 ABUT/LON RARISHII PIMA INDIAN- MALLOW SC 5 SR GOPHER US AGASSIZII SONORAN DESERT TORTOISE SC WC (SONORAN POPULATION) SC- Species of concern - taxa:whose conservation status may be of concern to the US Fish and Wildlife Service. but the term has no official status WC- Wildlife of Special Concern in Arizona- species whose occurrence in Arizona is or may be in jeopardy ' b. High Densities of a Given Species: No unusually high densities of a given species are known to exist on the project site. ' c. Aquatic or Riparian Ecosystems: ' The Pima County Critical. and Sensitive Habitat Map indicates no hydro riparian or meso riparian areas on-site. The nearest habitat is located approximately 3/a mile northeast of the project site. The Critical and Sensitive Habitat. Map displays critical wildlife habitat based on the University of Arizona's Dr. Shaw study contracted by ' Pima County DOTFCD (Department of Transportation Flood Control District) in 1986 2. Other concerns expressed by ADGF: ' No other concerns were explicitly mentioned by the AGFD in their letter. As such, no maps or exhibits were prepared for this section. ii z. ~ Exhibit I: US Fish and Wildlife Letter ~., r e r, ~~ `~`~"~`;~"-~~~ ~~~ru~~E~~l St~i#eti I)e~~~'rtm~~~t ~f t~i~ 1~~#~t~k~~r~ E~ :y,x~ t . ~~ ,_,_ -_ , ~~ f T .5. t Is32 ;iru3 OVil4~llft~ ;`st:2't iCe ' ~` `~ '~ I~iclrl E?~Cc:e ~ ~,~ '~ - r ~~~~ ... . -~ : ~i .. . 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O v~ ~ D aca ~+~ .n S~ c~ac~~cn~c~ z Q (p ~ Zj ~ ~ ~ _ _ <'f ~. CD y CD ~ ~ ~ 61 O SUS. N CD Q Of O N CD ~ ~ .O• w W Ui (D ~ ~ ~ ~ c Dc3D i •e z . .e m Qo o ~= ~ O ~ ~ O C1 o i y ~ m ~ ° D .°1..u:~ OpOo m 3,.~ O fD ai ~ o c~ mcn o ufDi ate,°o, Nm~~' ~ ~ S C ~ n _ ty Da N°~ C~.m N~ n v~ o N A~ ~ ~ y~ v~y N~ ~ ~O `~ ~ o ~ (n n • _ N ~ ~ ~ 3 ~ ~ O '~ //~~ ~ F ~F `V ~ ~ ~ Q 'v' CD 1 ~ ~ ~ ~. TT 11 ' O ~ ~ n ~ fD Q ~ n °' Al Z ~ ~~ ~ ~. 0 G ~. O ~ j ~ ~ ~ CND ~ ~ O ~ CD ~ ,~.. ~~ O . n Q ~ ~ ~ ~ n, ~. ~ _~ ~ ~ ~ '-- ~ ~ OD O O ~ 7 ~ ~ ~ ~_ ~ ~ ~ C~ ~ .-~ < ~ ~' V ~ ~ ~ ~ Q ~ Q ...L ~ ~: ~ ~~ ~ ~ 1, ~. ~ i ~. : 1 rte r T ~, j fi ~. X, u r rt ,,, .', ~~ }: ~ rh%` - a - -r 1 '^~ ti. Y' I _ m T m ~ ~ F` ~~. ~ ~~ Z t ..~., _,t .~ d m b ,., m ~ C v ~ O ~ NO a O C m ~~ O O ~ ~ c 7 ID ~ ~ C 7 ~ ~ N ~ cn N: _ O ~ ~ C D. ~ Q fU N N 7 ~ ~ S O N Vi O O a ~ ~ Z j D _ ~ O ~_ ~ ~ -~ ~ ~ 3 c p v c ~ v ~ ~ ~ = ~ c N ~ o ~ ~ ~ m m ~ s o C7 O 6 ~ °~ `~ N 3 -I o ~ ~ o c ~ ~ ~ N 7 O a cn ~ °' O O Z Ct 3 m ~ ~ ~ ~ m N D ~ C T N Cn Cn ~ r ~ N ~ ~ m m G dopy `. v, ,~~.~7' o n ~ ~~ r g~ ND ~ ~ O A ~.. ~~ ^, ~ ~ i F .O (~ O y..~.. ~ o~ o~ o~ ~~ ~ ~~ g~ ~~ ~~~ b ~ T.' -ry~ O ~ ~ ~. bq y N v~ ~•~ a~ N n. O ~ O_d °-' m -p~ 0 3 ~ N () ~ ~ '_.. fD C ~ w .n. N O ~ C .~ O (D CJ n N m v 3'~ <~ :i y O 3 0 C) = v ~ ~ a c ~ o ~ ~ c ~ n ~ o N ~~ ~ ~ o n ~ m '~ ~p 7 d o ~ 3 -o '.T. N 3 ~ v o a ~~ ~' W Q~ ~N d ~, a - -~ r o a W < ~ ~ 3 ~ W ~ j0 Exhibit J: Arizona Came and Fish. Report (D N o_ rn r C7 D ~_ O Z -~ D r (n m'o~N~ mo -~ ~ p~pw~< n ~ (pay ivo yo ~•~~ 1 D o ~ ~ ~+'o C7 'bcny x o o No 0 m m m°-a < -I~ ~ ° o ~' ~° N'r~ m ° ~ ~ ~' c~ °. ~. Nox ~X ~ ~ ~ ~, ~ ~ ~~ m ~ ~ i<< m ~ ~' o"m_c_nm O °1 m ?~ w ~ ~zd~ ~ N ~ ~ ~ - Q "T1 Q O '3-. O (D Q p Q V ~ (D ~ SD Al p~ ~ ~ ~- Q fA N ~ G, lJ ~ N ~ N N N `< ~ N ~ S ~ cn - ~ w D ~ 3 ~ C c ~ ~~ ~ ~ _° -. A ~p ~ c? 00 . ~ ~ ~ N ~ OD Al SU 0 6 a ~ ~ ~ ~ ~ O cD ~ (n cn = lD ~, f/) O. Al <D '.~ U1 N V7 O ~. ~ ~ '-. ~ O O _ ~, O ~ N ~ O ~ ~ O ~" (D ~ v- ,,,f p ~ O~.. Ca N N ~ -" ~ - Q. ~ ~ ~p VOi N O N ~ ~ ~ ~ ~ TI -a ~ ~ 3 ~ ~ `~ C 3 O m p ~ 11~~ to ~;.CC mo ~;~~ A)A) ~~ o.o ~~~<. c~ Qoo~~c o~v~N O ~ O ~- G ~ ~ N ~ ~ N (D 7 ~] ~ ~ ^~ ¢1 CD (Q O 7 ~ _`. ~ n 7 0o v~ O O 'a C n' 7 O O ~ ~ N ~ (D ~ CD 7J 7 O 'p ~ ~ .~ rd N 1 ~ Q O ~ ~ ~ A~ ¢~ ~• `~ Q C (D C C/) Q- "O G ~ ~ O -e rt K ~ O ~ O cD cD cn ~ C_ Q ~ N N N ~ ~ O O O O. ~ 7 ~ ~ -w ~' ~ O ~ c0-D~AZi ~O ° N n^DN ~ TI~.~~ ~ ~ `< n O rtO ~ ~ ~ ~ cn -~ ~ n. ~ O ~ ! ~ ~ O cOD ~p ai O < O~ ~ ~ 3 -~ o m m~ D° ~~' ~ m m ~ m su ~ ° ~ .o ~ ~ -~ ~ ~ S. cn ~ (n ~ ~ ~ -O Q ~ " cn cn o- ~. ~ Q Q ~ ~ ~ ~ O 3 ~D ~- N 0 ~ :.-. ~ Ali < cD ~ Q .~ l~D O ~p ~ <n~ D ~ ~ ~ Q ~ ~ c m , ~- ,., p n ~ ~< ~ cp ~~ ~~ ~ cOi,Qm ~ m Q-~ ~c~n°~~ cn ~ -~,cD `moo ~? ~~ ~ m~~ O~ ~`-°~°: m m ~ a, ~ ~ n w PO 3'c ~~-a ~ ~~ ~.tvO c 1 ~ 'n'OmwT ~~-tN-I tD (p ~ ~ ¢~ N ¢~ Ai ~ C O C O n ~~ (<D Q ~ ~ ~ p N n ~ ~' n O ~ Q ~ ~ n ~ j ~ W ~ ~ ~ ~ cOa ~, r ~ ~- y ~ ~ ~' ~ o c ~ o ~ ~ ~ DQ~~-o ~ ~ NaoDo c ~°N~~ ~ ~ ~ ~~' ~ ~~~' o•o ~ ° Q~a~~ ~NNX ~ 0~~0D~ O Q fD ~ (D C7 "O cn G N. C n ~ ~ ~ ~ _ O 0....00 ~ p 1 O V7 r,: = 3 ~ CD O cD ~ O O cn O O A) O cD C cD ~ ~ O O ~ ~ ~ ~ ~ N ~. a' ~ Q A> cD m c~D ~ ~ cn ~ _ tOj ui ~ p ~ ~'.~ N cOD ~ ~ ~ ~ O ~, ~ fA• p cn O cn ~ ~ ~p n ~ cQ Q ~ O ~ `~ ~ ~. ~ ~ 03~,~~c ~~, Qm ~o~ o 3 m~ o v Q~ o ~~ m O ~ ~ co< ~-~~~~ ~ ~ ~ ~-~ ~ ~ ~ p~cQ m m ~~w m ~' ~ n " ~ O ~ < O O- ~ ~. O ~. ~ ~ ~ cQ cn y'~ y. c3D~ v' ~. ~ ~ °cQ A~ O O Q-~ ~ VI ~ (D~ 7 (Q n A~ ~ c0 in ~ ~. ~< cQ C Q ~ Q N ~ ~ ~ n 1U ~ (n ~ O ~ ~ ~ ~ .~,. O ~O O O N ~ < O O ~D ~ N ~ !C/) tQ ~ Q ~ ~ ~ S17 (R _ ~ (D ~ n ~ ~ C (D Al ~ _~ ~ ~~ n Q O ~ O ^" 7 7 = O~ O^'Q-gyp sv a Q ~ (D ~ n ~ :< ~ ~ (Q ~ ~ ~ ~ ~' Al Jl [l IJ 1 1 a L a1 (D w O_ r n D _~ O z Z r CA Exhibit J: Arizona Game and Fish Report ~o m ~~W noo -a m ~' -a o n ~ ~ O (D (D 7 CD ~ N fD ^~ (D O ~tQ O. C O Q p Q ~ ~ ~ ~ (D ~ ~ ~ O Q O u~- ~ ~~ ~~ ~ m 3 ~ o ~ ~ ~ ~ r. m ;~ m ~m c°O3~ ~~o ~~o ~o cQ'~Q 3cm ~~m ~m ~ .G ~ m ~ m m ~ m ~ ~~ ~ a~ ~ c c c .~-. N. O \ (D 7 ~ (D ~ (D ~ ~ ~ ~ (D ~ C O ~ ~ ~ S -O-w ~ Q ~ ~ Q Q (D O c7 -~' Q C~ C1 ..0'O '` O p ~ O O (D ~ ~ Q ~ Q Q ~ ~ O\ ~ A~ N ~ ~ ~ ~ ~ ~ O ~ 7 O CS17 Q ~ ~ ~ ~ ~°-~ ~ C ~ {~ C7 ~. co n ~-- CA Ai ~ ~ n~ O D O N ,~-~. m~ ° ~ ~ _ ~ ° ~ m m~ Q n ~ o 0 o ~• Q- o CD w, ~ o ~ zu ~ ~~ m o g sv a> ~ p c o Q.,ca Qm ~ o ~ Qci o~.~ c ~ m Qs~ ~ ~~ m ~ N"ccQ mm~ c ~m~a~~ ~ ~n o~,'Q~~3~ocQO~o c 3 ~ c o o ^.,: cn ~ O ~.O O.~QO~-~o ~j ? ~,~. O ~ O ~ ~. ~ ~ ~ ~ ~ N ~~~ ~~ d~~~ o ~c~ c"~~~ ~~~ o QG ~-ocQ Q .m ~ ~ y ~ ~~~ ~ ~ ~~~o ~ `~~,~ar•fDm~n~~ ~~o ~~ ~ ~~ ~ n. p~ O cD Sv ~ ~ ~ cn ~ ° ~ O c m Qn.~' ~ uGCi ~ ~ ~ ~ ~ ~~ G ° ~ ~~ ~ ~.o.Q~ m~ o 0 ~~ m sv_o ~ c m~o °-~D ~ ~~ o ,~ ~ ~' ~ N CD j _n O. ~ X cQ ~ ~ cD O ~ 3 .-.O 0-p ~'~ ~~u0i 'a 7• Q "a O fn to 7 ~ fD ~ _ CD fD G Q ,.... O Q ~ 6 p 0 0 7 7 O ~ O ~ G ~ r-i ~ ~ ~ ~ O O O O ~ ~ (D ~ < ? (D (Q :-r O lA ~. N ~ ~ 7 Q ~ N O fn O~ "O Q N O ~ O cD ~ n O ~ Q ~-* O fD ~ ~' ~ Q Al ~• O ~ ~ O p a~ ~ -• ~ C cc c~ y ~ d b c~ y ~~~ ~ ~ ~ ~ ~C ~ cu~a~ ~_~~ ~, D. ~' ~ ww'' _ IMF Q ; `C ~ ~ ~ ~ ~ N ~ m ~ -1 ~. ~~ (~ O' ~D c'.'D N ~ C7 ~ boo ~ ~ ~ ,~ tn~~~ x..00 ~~° ~ (~ ~~o o~o~~ N CD n ~ !rte rF ~ C1 Q ~ O ~ O CD ~ ~ ~om Q° m a ~ y N ~ _ =a, ~~ O0o ~ ~ ZO ~ O =tea ~~ ~ ~ O ~ ~ ~ v ~ (D ~ ry. ~^ ~ r~i. ~ Q ~ D ~ ~ ~ 40m rF ~ ~ ~ ~ O N • C ~ _ 1 ~ ~ ~ ~ ~ cp tq ~. ~ ~ ~ m ~o m ~ c~ c ~ ~ ~~ ~ ~ ~ ~ ~ ~ ~' ~;, ~ can ~ ~ ~ ~ ~ ~" cn .-agv,n~.~~.mcQ.~<mc~ Q~ sv 3 °'~ ~ no ~ ~ ~ ~ ~ ~ ~ a~ m ~~ ~ r-~c ~ ..«mcnc~ ~ox~ .c~ _ w m m D~ Dm ~ c m ncQ o ~ ~ ~ ~ ~' ~' cQ cp ~z y D - su _ n ~ ~ ~~ ~ m ~ -. ~ O O O n O n~ N~ O~~ p~ G Q ~ ~• ~ ~ ~ ~• ~ C ~ C C p C O ~ A~ _ ~ vi c7 O ~~~.~ ~ ~ m om ~ ~' 3 ~ ~ Q~ ~ m ? ~ ~_ m- O~ Q~ c `<' m m a c c o~ ~~~o~~SV~•'a~,~ac,cQ°~~ c m m .~ ..;~, c ~ m- o O ... ~ p c>' ~ cn ~ a ~ ~ ~ ~ o ~ ~ p~ ~ cQ I Al _` W Q cD ~ ~ ~ cD N 3 ~fD '. S~ ~~~ ~~ O fD N N ~ CD ~_ ~ _ C C ~ ~ ~ ~ Q- Q N ~ ~' `C N ~ ~ ~p N O ~' Q_F'~ ~~~ ~~ ~ Q O O. ~~ N O~ N O 3 ~~ 7 (Q (Q (D (Q O 7 (n O 7 ~ O ~ I~ CD ~_ O _~ ~ ~ O N ~ < ~ X, cQ ~ ~ Al 7• ~- m`c m ~ ° ~'~ ~D o'o °c _o ~~o m fA ~ ~ .~-r ~• ~ CD ~ N ~ Cn ~ fOA ~ ~ -p C " ~ ~ ~ Ai O- C ~ O cD ~ cD O O SU ~, ~~ 00 C ~ ~ ~ ~ ~ Q F-O n y ~ ~ ~ ~ O ~ ~ 32 i t ' -~ c~ O rn r t EYhil~it J: Arizona carne ind Fish ~Zeport -~ Ai N (Q Q O cQ c a m ~' m N X '17 ~ 'O CA n 'fl a1 ? 3 C ~. ~ C K O O c7 ~1 a1 ~ 'a fA ~ -O ~ (n ~ O p ~ A) '"` W n N cn ~ 1 O O ~ n ~ ~ O n N ~ cD ~ ~ O C < ~ ~ C C1 ~ ~ ~ 7J <D C N ~ ~ 3 ~ 3 ~ tD O .+ ~ , ~ C ~ m. ~ ~ O ~ ~ a O ~ n ~ ~' 'O' ~ ~ cD ~ ~ ~. ~ A. ~ Q y ~ ~ Q O ~ ~ Q cD ~ cD ~ O ~ . - ~ C ~ D a N ~ ~ _ C, ~ :.i n ~ N ~ O ~ ~ ~ 0 ~ ~ ~ ~ ~ fl- O ~ Ol 3 O ' . ~ ~ ' ~ N ~ O • ~ ~ m D ~ ~ 7 ~ v ~ O ~ "~ ~ . . Q- ~ ~ CD ,~ n fn.' O"' ~ ~ ~ c n N ~~ ~ ~ ~ ~ ~ m p ~ ~ ( D ~ a ~ ~ N _TI ~ W .Cai O O , C ~ n Q N ~ 016Q 3' < ~ 3 Cn ~' 0- ~ O. Q. Q -O ~ ~ C7 ~ O ~ O ~ A W ~ ~ 3 G Os cD ~ O ~ 3 ~ ID ~ `G c~ cD O ~. Q _ ~ cD ~ cOn O Q ~ ~_ ~ O ~ ~ ~ ~ O ` ~ D 'a A 3 ~ ~ N ~ ~ 00 ~y ~ 'O ~ mo ~ ~ ~ ~ ~' N ~ o a. 01 - ~ ~ ~~ ,~ ,~ n ~ ~ f0'1 3 (D ~ -p ~ m < Q O cfl Q f~OD. O ~ ~ -O* r. ~ ~ r. 't ... ~ _ _ ~ iU ~ O n n ¢ ? Q ~ ~ ~ ~_ 'A.. ~ O CD W 01 m~ ~ -p On3~=Qmp~o IIA1 ~ ~? ~ ff ~ ~ ~ ~ _ ocn~ ~ ~ cD oofl-Q ~voi O ~ < A~ cD O t7 Z O ~ O ^' O. :-r ~ C7 ~ ~ K -p O 7 ~ ~ ~ C1 O . O N O ~ N ~ ~ ~ O ~• ~ A~ `~ 'O vOi ~ ~ ~ ~ ~ ~ O ~. cD ~ ~ ~ ~ ~ p ~ N ~D O ~' ~ ~ O G ~ ~ O~ ~D~ ~ 3 ~• Q n ~ ~ ~ ~ « t0 ~ ~ O ., W ~ ~ ~ ~D UN ~ CD ~ O O 6 ~ 'A Q ~ N , ~ < ~ . ~ Q CD C ~ (D r O N~ Q- Q cD ~ O- O N E '? O N 3 ~ Q ~ ~ O ~ O C O ~ cD O c ~o = 0 ~~rn aoc~ ~°m ~ 7 C C x< N O N m D) -^m o Q Z ivN~ 1 O 1 ~ O ~ ~ N ~ ~ O S O p- 7 N -. C1 W Oy . ~ (D (D ~ J W fD O N <..-. m ~• ~• ~ ~~~ o m `~ o ~ ~ o ~ ~~~o ~ m o m a JJ m' p cOn < ~ (D ~. fD '•' ,n-r r2 ~ A~ ~ _ -~ m o 3 ~ ~ ~ ~ N -.. O m ~ w m ° ~ Q ~ 7• CA N. C1 CD D ~~ D2 ~ m Q~ -~ o N? o~ ~. m m o ~ ~ m ~ ~ O e rt ~•cn~ ~ ~ (7 fD O o z r ~~ O N a ~, A A ~ ~ ,_,• A ~ I1~ 3 ~ ~ ~ ~ ~~,A ~ y ~ ~ ~ O ~ N ~ ~~ ~ ~ ~' ~ ~~~ ~-.m o c ,o~D~ o -o no ~~~ ~ ~m~ c• ~'o .. ~ ~ ~ ~o-~ o o ~ ~~~ '~ ~~ ° -~ ma~~ o ~~n 1 ~ ~ N Q~ ~ O ~in• ~ -p ~ m~ o ~~~ Q ~ . O CD 6 nr ~ ~ ~ ~ CD (D CD .-~ v cD 'p ~ ~ O (D • ~ ~ O tv Dfl-~ ~•o~m m N ~ ~ ~ O N O O ~. O '^ ~ (/1 '~ 7 fD ~• ~ ~ ~. (D ~ O ~ ~ ~ ~ N ~ O N ~ m ~ cQ ~ ~ ~ N c o~~D ~~o~. oc~i~ C C ~ ~ ~ ~ ~ C ~~z ~ ~~ ~ a m ~~ ~c~~ O ~ ~p Qo_~ ~ m 0 ~~a ~~ O C ~ ~ ~ ~ Q O <p• O a~ <° O Q N C7b~y ~. ~ ~. ~n ~~'~' O ~ ~ ~ V1 ~ ~ Qj S~ o0 ~ O O O~ ~~ O~ O~ O ~ Cn (D ^' ~ g Ci7 ~~~~ ~c ~o' w ~ b ~ x' ?'., o ~ ,C... ~' O as ~ 0 0 ~~ i r 1 6 A cQ m cn O _r n D _~ O z z D r cn Exhibit J: Arizona Game anti Fish Report ~o ~ o -I N m~'~~p ~ ~~ m w~ no Ng a~-a a1 ~^~:o-v c pp -i db~a o~mcn<_ ~ ~v,~~- c~m`~ °~ocQ o m~-~~g.•cm~'~m ~c` ~Zd~ fD p- p O ~ ~ ~ CD ~ Q. O O CD O O ~ p . (D O -, (D ~ ~ ~ ~ Q 7 ;-: ~ (D p ^` '* N ~ v~ O X n (D ~ ~ < .. Q. ~ '~ ~ ~ p- O SD _ p ~ p ~ r: N ~ O ~ ~ O p ~ ~, 3 p N lD ~ ~ ~ ~ "O C 7 n cD (D ~ ~ O ~ ~ Q A) ~, ~ p ~ ~ (D ~ ~ tD ~ (D ~ ~ ~ C N Q N 3 ~ Q p O fn ~ cD ~ __. O ~ ~ ~ CD ~ ~ ~ ~ fD t~ ~ -p _ ay ~ p ~ O ~ ~ O . -. ~ Api ~ cD cD ~ X r2 ~ O ? O < Qi O m m Qv N cD ~ Q ~ ~ y. ~ -, Q Sv ~ - ~ to ~ m o 3 o m o m e D ~ ~ O l~7 ~ ~ c o < 3 m~~ m ,~ 7p c~u m o m o~~ o _ ~, ci~ ~ v , °~ m ~,~ m o o ~° m ~~ c c~ ~ ~ c~ s' v> ~~ ~c,o •~ o< ~ O ~ ' ~ p p ~ ~ c .m ~ m ~ ~ ~ ~ ~ cfl cn ~ p- cQ ~ p Q ~' ~ ~ c a o ~ o ~, m ~ a .m ~-a-a ~ ° " ~ o . ~ ?mom c mm mQm mo mwc -~ ~~* co 5 cn 3 s 7~ ~ ~ m o~~_ ~ 5.a~~ o ~ ~ ~ ~Q~~ ~ ~~~ n w ~ ~ ? ~ o ~- ~ o C o -m ~-~' m ° w ~c ° a ~~ .. - ~ ~cn o ~ ~~ ° v ' ° ~. . cD ~ 'o ~ a ~- sv ~ Q~ ~ a~ m • o cn ~ o cn cn. ~ c cn `~ Q ~ ~. _ ' ~ o~ o m m n ~ ~ c c m ~ ~ ~ ~ ~~~ ~~~ ,~~ ~ o'a-° ~ ~ ~ ~ m ~ o ~ CD ~ ~ ~ ~w ~ ~ o ~ oc~ wo~o~. oc ~' ~~~~m ~ m- 0 ~ ~ m ~ fin ~. ~ a~ _ W G O Q ~ c~ `G ~ (!> (~D rn -. In -O (D p ca p O _~ p>' j ~ Q cn ~' ~ ~ ~ (D' ~ ~ ~ C ~ ,p,., O ~ ~ ~ Q O, ~ O ~ ~ ~ Lu ~ ~ O ~ ~. .~-. ~ O ~ ~ f~D N ~ O .~~.. (Q ~ ~ O ~ ~ a ~ o ~, a~ m~ ~ .~ Q 3 ~ r. ~, w ~ o c c~ o ... m~ ~~ ~ O ~ O c `~ cQ ~ O m Al Q~ c c 3 N , O_ '-f ~ N~ n O~ ~ - ~ v, ° ~ `m ? ~ Q~ ~ ~,oc m ,-~cpp~ tn ~ 3` ~ < ° - o < o m ~ o c ~ m ~ ~ ~ o o 0 o ~ ~. Q~~ o~ ~ ~~~ ~ CD m ~'~ o ~ o 0~ ~ ~ ~ ~ ~ o o,~ o a ~ o ~ c ~ ~ ~mm m~ w -~a .-a~' ~ ~~ ~. ~ ~ ~' ~ `° ~ ~~ ~ o s~ ~ m' o~ a~~ c-p o ~~ ~ ~ ~ a< o ~-a~ cn ~ 77 Q ~~, ~.o ~~ 7o N m C ~ _ o ~ ~ o ~~ o ~ ~ ~ ~~ ~a ~ ~ ~'< m' ~ ~ m' ~' ~ m ~,o o ~ c o < ~ ° , ~ 3 7o~m p ~ a~ ~ Q~ < ~, ° o..~ ~ _. m ~ m~ ~ 0 3 o am ~'~ a m ~ ~ c ~ ~ ~ c ~ ~ ~ ~ ~ -a'-a ~° ~ ~ ~. m ~ ~ °- m m ~ mQ~ ~o-~°~ o~~~ o~m°a °' ~ ~' c ~~~ ~ ~ ~ ~ m ~ ~.3 c ~ ~ ~ ~ ~ ~ ~ p CD ~ co ~ ~ -~• ~ ~ N c ~ ~ m CD ~° cQ .~ ~ ~ .,3 o c a~ 3~ ~Q o ~ • .n -o •sv ~ ~~ o~ ~ _ O !!!~ ~ ~ ~ m ~ ~ ~ ~ _~ p• ~ ~p ,J p cQ o ~ w ~' ~ ~ a w p s O ~ . < ~.c~ m ~ 3 ~ ~ ~ ~ fD~ 0 3 ~ C' ~ p n -' _ y ~ N ~ ~ ~ ~ ~ ~ `G O O ~, Q- ~. fD (~' ~ ~ - (Q SU ~ O ~ (D G v> ~ ~ X p ~ p_ ~ ~ O ~ C1 .-. ~ o ~ 3 cn O D r n D O z r n m N E~hibi#:I. Arizona Game>and.Fish Report a ~ m ~ ~ o ~ a ~ m can ~ ~ ~ ~ m cn o z 3 o c~ ~ ~ ~ -- ~ N z ~ ~ o cfl ~ m N• ~ -p (D N. ~ -"''. ~ .-« i ~ ~ ~ ~ ( D Sb ~ - 0 a a m ~; ~' .. m do~y .~~N ~ ~M~~ 3 ~'~ dp' ~ 8~ o~ ~ ~.. oO "b7~ ~ ,~0, ~ ~ ~~.. < p7C'~~ ~ ~~ ~~ ~ c o p' ~~ ~ b ~ ~ ~ x ~. ~ ~ o ~ ~ ~. v~o ~ ~-3 0 0 ~. F. VIEWSHEDS 1. Viewsheds Onto and Across the Site: a. Views and Vistas from Adjacent Properties: ^ Distant views of three mountain ranges can be seen from adjacent properties. A distant view of the Tortolita Range is located north/northeast of the project site. The far western portions of the Catalina Mountains are visible, primarily composed of the Pusch Ridge Wilderness Area, in an east/southeast direction. Southern viewsheds of the end of the Tucson Mountains northern range can be seen across I-10 from the project looking south southwest. No significant viewsheds are apparent west of the project site (See Exhibit K) b. Impact from Areas Beyond Adjacent Properties: Views and vistas of properties surrounding the project site will be minimally impacted. Adjacent property views of the far western portions of the Catalina Mountains will be impacted along the western border of the project site. Properties to the north of the site will have an impact on their distant views to the south of the Tucson Mountain. There are no significant views lost from properties to the east of the site that will be impacted by development. Properties to the south of the site will have an impact on their distant views to the north of the far western edge of the Tortolita Mountain Range. ,~ 2. Areas of High Visibility from Adjacent Off-Site Locations: The areas of high visibility occur along the western boundary area of the project site fronting Breakers Road easement. Areas of medium visibility occur just behind the area of high visibility along Breakers Road Easement. Areas of low visibility exist throughout the remaining eastern areas of the protect site. These areas are displayed in Exhibits K, L, and M: Site Photos. n 36 1 1 1 i 1 1 1 1 1 1 1 Y 1 1 1 E~ ~~ n~~h'ri~~` c.~:.~ ~..,. ~ m~,~_ }x ~ ;~ F ~' ~;. ~. , ~_;` Distant view of the Tucson Mountain Range looking south/southwest from the project site. Looking east ay '.x :"1~.. .,.ss~ ~.~.' +w'3Y . ~ ~ ,~1 'f ~ - ,f- r ~~,~._,,:, £` ~y _.. View of the Tortilita Mountain Range looking North across project site. 37 Exhibit K: Viewsheds Off-Site Looking south southwest Looking north across site View IrOm Iar Weslem pOILIUUS UI UIG l~[llQI IIIQ 1VIVUIILQILJ IVVALI~ GAJL across project site. s i r 1 1 1 1 1 1 1 1 1 1 t ~,~,..~,~ x ,. .. Exhibit L: Site Photos I Looking North - West Edge View from the Southwest comer of the project site looking north along western boundary of the project siteBreakers Easement Looking East - South Edge View from Southwest corner of project site looking east along the southern boundary of the project site. 38 Exhibit M: Site Photos, addl. Q. ~rkyrp..~~ ,' ,P ,> }, ;tee- -~9"rx K~e•.t~t • . ~i.. fi Looking North -East Edge View from southeast comer of project site looking north along the .eastern boundary of the project site. f ~y _ ~. ,,~, . ~ ~ r ~.,_ ,,. .~« w ~ . s •.._ ~~~ `~~ - ~ . ~~„ vi ~E Looking East -North Edge View from Northwest corner of project site looking east along the northern boundary of the project site. 39 r G. TRAFFIC i' 1. Existing and Proposed Offsite Streets: The subject property is located 1/3 mile south of Tangerine Road and immediately east of Breakers Road easement. Unless Breakers Road is reconstructed by others prior to the need for the issuance of a Certificate of Occupancy for any structure within this rezone, the developer of this project will be responsible for improving Breakers Road from Tangerine Road to the southern most end of this project's frontage on that road. The said segment. of Breakers Road shall be constructed as a 24-foot wide paved roadway with a structural cross-section acceptable to the Town Engineer. Tangerine Road rights-of--way vary from 100' to 255'. A number of smaller, braided washes that drain the mountain foothills bisect Tangerine Road. Due to its location at the base of the Tortolitas, Tangerine Road is located within a broad alluvial fan, subject to sheetflow flooding. Breakers Road is a combination of easement and right-of--way. The Town requires a full 60' right-of--way so this project will be required to dedicate a 30' half right-of--way .for the entire length of the property frontage along Breakers Road. In addition, a Phase I Environmental, meeting the requirements of ASTM Standard 1527-05, will be required prior to any rights-of--way dedication. (Copies of Phase I Report included separately) 2. All Arterial Streets within One Mile of the Project Site: Traffic Table for general information about these roads is depicted below. 1 Tangerine Road Existin R.O.W. 100' - 255' Ultimate R.O.W. 350' Existing Travel Lanes 2(A/C Pvmt.) Posted S eed 50 MPH Present ADT 6,700 ADT from I-10 east to Thornydale Rd. Theoretical Capacity 15,600 vehicles per day Existin Bikeways None Ownership Marana Improvements In TIP -Tangerine Road. 1. Breakers Rd. to Wild Burro- Reconstruct No start of finish dates 2. Wild Burro to Thornydale- Reconstruct with drainage improvements No start of finish dates ** Both rojects sponsored by Marana * No improvements are shown in the Pima Association of Governments Transportation Improvement Program. 40 a. Existing and proposed rights-of--way: Existing Roadway Easement width is 60 ft. Proposed Public right-of--way width is 60 ft. b. Whether or not said widths conform to minimum requirements: The Required width for the street right-of--way adjacent to the property is to be 60 ft. A 30 ft. width dedication of land from this Project rezoning will complete the East '/2 width right-of--way dedication for this street. Widths conform to minimum requirements c. .Ownership: Breakers Rd. is an Ingress/Egress Easement, for all adjacent lot owners. d. Whether or not rights-of--way. jog or are continuous: Both Tangerine Road and Breakers Road have jogs in rights-of--ways. e. Number of lanes and theoretical capacity and design speed for existing roads: Existing condition-Tangerine Road is a two-way paved road with a 50 mph, speed limit Breakers Road easement no posted speed limit. The theoretical capacity of Tangerine Rd. is 15,600 vehicles per day. f. Present average daily traffic for existing Tangerine Rd.: See Exhibit N, Pg42. g. Description of the surface conditions of existing roadway providing access to project site: Conditions can be described as poor with patches of pavement, however the Street is mostly unpaved with potholes and ruts. h. A program for completion of roadway and intersection improvements: A Program for Completion of full Roadway pavement improvements according to Town of Marana standards and requirements from Tangerine Rd. to the South boundary line of this project needs to be completed for the successful Approvals of Development Plans leading to the ultimate construction completions for the parcels making up this Rezoning. Currently, there is a small private consortium of owners discussing the Pavement costs and commitments for the future street in a question. However, it is still understood that the Paving of the Street is to be completed for the full width and full Required length, regardless if how it is paid for or what Owners do/ or do not contribute. 3. Existing and Proposed Intersections or Arterials within One Mile-Most-likely to Be Used by Traffic from the Site: The only intersection within one mile of the project site that will be used with any frequency is the Breakers Road easement and Tangerine Road intersection. 4. Existing Bicycle and Pedestrian Ways Adjacent to the Site: There are no bicycle or pedestrian ways adjacent to the project site. 41 ~ ~ ~, ~t _ ~ ( ! Z D °~ ~ NO N ° 1 ~ A z v ~ ~ ~° o m '~ ° z c~ ~o z N ~ m z z c~ "' n m ~ czi r ~ D o O z r° mD tD C ~ m z m N Z D -+ Z Z ~ o ~ a ~ ?. A ° n m ~ r 0 m A N 4 ++ a ~ f N ;' ~ I C I ~ ~++ ~ (7 O ~ NtD f~*1 NmZ O D ~Z O n D ~~ A~ D rn O ~ N ZC= ZC~ ° furl -, ~ °m r-^oZ mo~ czi -zi ~ m n =zm =zz nl m m r vN 1 vNm O ~ ~ ~ mN m l m z m m ~~ ~~ ~ ~ z z N y n m O ~ ~ a ~~ S n ~ ~ °o ~. Vi ti ~ ~ ~ (n (0 ~ ~ n v~ (A ~ _ ~~ d ~ ~ w x ~ ~ N N ? y 0 o D ~rns~° ~ ~ d ~ m m ~ ~ O Cn a ax n T ~ ~_ o~ ~~ o r y n n <~ 0 0 s a a t; - ° ~ C ~' N _ O Z m ~~m ~ ^' .1 °is a °~ m a a n t t c i ~m~ « ~ 1 .. o~m O ~ a r _ ~ ~ q D ~o r ,> ~~ n ~! ~` _~ ~ 1 a •. ~~I(w~~Ii ~ ~ ~ } I n 1 ~ ~ m c s z a~ ~ ~ i- ,- ~ ~ ~ " .~ rn n ro o .-n`"- .- ~~' r ~~ yI o 1111 p ro s raa ~aa ? - v-s 1rTT~rLL !- ~Yl1L 91~~ 9(4 Plr s z c~ w z O m c~ z" O O m_ z~ ~~ m~ z° ~m N~ -' z zN N D ~A Om N ~ O ZZ ~ z ~ ~ O = mm 'O 1 D G7 O ~n ~~ 0 z 0 N 00' i 6'08' W 329.35' z ~ D m -D ~ X N C ~ O z W?< v~ m m ~z n 2 m ~ ~~ n~ z ° zO m = ~ ~ ~y ~ n m m Ny ~ ~ n z ~ v c n r o ~ ~ o ~ z o ~ ~ m Z ~'~DO~m2' DOmC' Cl~ ~ Z7 ~ z~NCnZO~~NV10~A o Ni~ °n m 1 O m-I m~ Am~D~ ~~ I~ D Z1 A ~ O . A~ 1 ~1 ~ m W n O '~ D O r m Am ~ °o °o A mO~ m ~N z<~ -i z •°z Z D N Z:U -CO V S ~ ~ N ~ O (/1 -~I m ~ D ~ D m O~ ~ m 1 D ~ ~ ~ cn r O Zll J o v ~ ° N ~~~ o ' µ X cn __` °o A ~ y Z D n D Or d7 t H. RECREATION AND TRAILS l .Existing and Proposed. Trails and Recreation Facilities: According to the 1999 Town of Marana "Park, Trail and Open-System Master Plan, there are two primary trails and one local trail located within approximately one mile of the subject property (See Exhibit O). One primary trail is located within aone-mile radius of the project site. The Wild Burro Wash (approx. '/2 miles west northwest of the project site) is defined as a Connector Trail. This trail runsfrom Wild Burro Canyon/Foothills Trail in the W. Tortolitas to the CAP Primary Trail. Wild Burro Wash was given first priority status because it provides access to a very important canyon in the Tortolitas. EI Camino de Manana Wash (approx. 3/4 mile east northeast of the project site) is defined as a Local Trail under the Town of Marana "Park, Trail and Open-System Master Plan. The Trail runs south along a portion of Thornydale Rd. to Moore Rd., then SW in wash to r; an intersection with a pipeline located in T12S, R12E. Table 2: Inventory of Candidate Trails Table Trail Description Candidate Trail Trail Cross Utility Linear Whole Map Wash Road Foot Horse Trail Type Esmt Park Country Access Code Wild Burro 36 P X Row Row X X Wash E1 Camino de 158 L X X X X Manana Wash Trail Type Code: P =Primary Trail, L =Local Trail 43 o y n s ~~o~ o ~. ti ~~~ ~ rrt rt n ~ fly ~ ~, `. D d ~ ~ w ~ (n N N ? y 0 0 > T ~ ~ N ~ ~~d~ m~~~ W N v 0 ~~ '~~ O m n N ,• Apr ~ m~Zo N Dyo~ ~an~ ~ m ~ o ~ozD~ 2 -i ~ N ~' Z m b ~m m x n = _y ~ _ s z oy A a O ~~~ ~ C-CDj D(mjZ~ .ate/ ~-~j N ,CEM ~ ,PLANT RD p D ~ ~-, ~ . ~ W ~ f1l C~ ,~ ~' ,'~ m _ ti o`' •' ~. ` z z ~ ~a. -i m - .' ~~ o ~ y BREAKERS RD T~RT '~ ~~` _ n ~ (REF. NAME ONLY) ' ~/ . as -~ ~ \~ ~~ ~-a ~ _/ N ' ®~ ~ • Z~W~ m ~ D II r G>C m ~ pp O Z1 N ~ ~ O o~ m 1 • 1 O D v D µX ~, _ 0 o_ D m ~ ~~ 0 O!? AA I. CULTURAL/ARCHAEOLOGICAL/HISTORIC RESOURCES 1. Location of Resources on Site: A cultural Resources Survey of the project site was prepared by PAST. (Professional Archaeological Services and Technologies). The survey indicates that no important prehistoric or historical materials in the project area appear to be more. than 50 years old. Consequently there are no. significant cultural resources in the area inspected for this project. (Full PAST Report submitted under separate cover) 2. Letter from the Arizona State Museum: The Arizona State Museum was consulted for the three proposed parcels that compose the project site. They indicate that students from the University of Arizona inspected the parcel in 1981 and no sites were found. The work, however, was done by students in training and not by professional archaeologists. This, as well as an indication that numerous sites are known to exist in the immediate area, persuaded the Arizona State Museum to recommend a professional examination of the land. This analysis has been completed. A letter from the Museum is provided (See ~, Exhibit P, Pg 46). t 45 1 i ~_.~ ,1 ~,.: ~~~.~~~ ~~~ ~, 46 .Exhibit P: State Museum Letter t 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 J. McHARG COMPOSITE INFORMATION 1. McHarg Composite Map Introduction: The composite map graphically illustrates the summation of constraints identified during the inventory and analysis process. Information regarding topography, hydrology, vegetation, wildlife, and views has been combined to form the McHarg Composite Map 47 Part 2. Land Use Proposal 49 A. OVERVIEW The total area of the proposed project consists of approximately 4.8 acres. The Town of Marana requires a Subdivision Plat in order to split the property into smaller parcels. Before any building can take place, Breakers Road will need to be improved as a 24'-wide paved roadway with a structural cross-section acceptable to the Town Engineer. Proposed Parcel A will consist of approximately one acre containing one building approximately 10,441 square feet. in size. Proposed Parcel B will consist of approximately 1.16 acres and contain one building approximately 10,962 square feet in size. Proposed Parcel. C will consist of approximately 2.61 acres and contain one building approximately 30,000 square feet in size. Each of the proposed buildings will be used for appropriate industrial uses like contractor yards, warehousing and/or manufacturing. The land use will be consistent with land uses described in the Town of Marana's Land Development Code for Heavy Industry Zoning. B. TENTATIVE DEVELOPMENT PLAN The Tentative Development Plan (TDP) map (overlay) is included (See Exhibit R, Pg 51). r 1 S0 FXNIRIT R• TFn/TdTll/F IlF1/FI (1PAAFAIT PI dnl ZONE C, LARGE LOT ZONE (WATER PARK) N I- n Z1 m ' J Q ®~ ~ rn ~ N 00'14'14" W 7377.93' OTR. SEC. LINE UNKNOWN ROAD. < R NAAi ~ RS RO - ~ A m ~ ~ .~ V ~/ N ~ t gat, °- 0 0 ~, mom ^r r O = j~2 ~O Dm m ~1 D x ~. N N Z °pm N ; ups Q Z'V U D ~ 4• N O ? ~ N 6 ~ ~_ ~ ~C~m ~ ~ ~~ ~ ~ o T.1 _i Z~ O C m r"~oo O;Z ~~ m O p Z O ~ rn m O~O ~cOiNZ ~~ti Z n~ vmi 'n 00 ~ $ DO y ; n 2 oyfn" o,~N ° m r 2 m r ~ N N '~ N ~ O /~/I II~\ ~ x O C -< Z Z D O w ~ d~ ~~ { C~ l~ W{< f ~ ,Z{j 1 G7 m ~ A ~! ~ ~ rnmA O m m m ZI N Z O ~ J~ ~~- u~m w Dm f*1 ~ °_ m m Z p m A~ _ -D~. $~tn D y ~ O _ c~ O O r NO O O O ~ ~ m C y -mm m~ ~~ ~ m ~ D F p -zi Z m O y I D ° r 0 ~ a' °a N CEMENT PLANT RD a° -1 Ti ~ m -1 Z ~ \ N m ~ 0 0 0. m~ ti ~ m m ~ I ~ c, oc n° o m,n C~ w r1n rn ~ ~- Uo aO~Z ~ 00 ;,a Z z x _ 00 ( ~ ;.~ ~' mow'. onim ~ ~~ ~ Z Z z' Z~ ~' zmy O -~~~1 G) 117.15_'. ~ ~ I ~ RESERVE 15225 _ <' ~ ~, ~ ;0 D '~ x -1 Z ~'`•. I z A N A BREAKERS RD m ~ O O p ~.W v I ~ m ~ ~ tO i + ~ ~ ~ `~ m I I rn= z ~~ ~r1 A fA~1 D ~ ul Z x O N :r~. ° I ~ D cn Z12 ~~ m~ O O ~ m N 1 m _ ~ _ .T~ - ~ (71 A m O D m z c1 ~~ ~~_1 m Zm Z y m Z O ym Z T 1 ~ ~ O ~ n v D N D I 4 t Y 9 P' ~:'. D r v Y 0 'P .q '~. ~ " I m m~ ~ m Z ~ o vm p ~ I w\ `~ m n Z ~ W ° m r m ~~OZ ~ O O l m o ~ ~ ~ ~ p a ~ A f v ~ m ~ Q ~~~W ~ m M ~ ~ a 4 ~ ~ - - - ~ ~ N 0716 08 W 329.35' c;~ o t/~ ~ ZONE HI, HEAVY INDUSTRY (VACANT) o s NO ~• ~ ~ W N N O t0 OD V Oi w ~ W N ~ G tD m V O) w A W N • ~ ~ ~ rt + ~ ~^+ (~ ~ .Zl ~ m ~ ~ D ° D O -1 Ul 'O 1 ~ --I t/1 f D -~ ~ m .n x O ~ ° w N yy 1 ~ -i D 1 O D i --~ m ~ ~ A '^~ ..{ .~7 m DC ,Z1m A Z C x 'p 1) 2 ~2 CD Zx O r OmD ~~ 022 SA2 ~x ZS xA .rD ZI C `~JJ l I V1 W ~ ~~~ODC nQ 00 SmD ~ ~ (")~ m 7Cm fm/1 L{1 mm ~ O t/1 ~Dm ZOOM Z1m RI~OOm m~ V ~'iAl LI o~ ~ m- o~ mr~ m m mm O rno Om xv m A rm ~ ~° NOS ~'m o; N o o m , r +, OOm xm r2 mm OOt7 Z ~ A D:ZI ~ ~~•• 0.1,7 O~O D~ ~ ~ ~ m w N Z _. _ VbO wcZio n0 00 rp~j -i ~ ~~ m m ~D p~ m c? m .gym= ~O zmmr~* 2rm °~m~n ~vpi m m -~ 1~i-1 O c7mm < m r r -iZ m A z m r o rn _ ~~v -+ mo~m~o zo m ~0 0 0 oD zc7 ~ ~ m fpm zA -~<°° mm m ~N~ A c N o _', mm~mD~ 6~NArn Dzp ~ z ~~ m m z~ -iw m n f mom ~m ~~« o~~o -~z°C~O D m °z_ z - :~~~~~ tnv°~~° p~bxm r0o D N xz z z ~m O t7 ~ 1~ x I;'.~ ~ ~ (~ v0 Z O mAn ~ ~ m~ -1 -t ciiZ ~ f m D11m m~ ~O~C/1~ Z1-D-~ mm~w2 ~ ~ ~ ~ L ~~~ Dv N ~^ p cn_~ ~ z f in -+ o W <~° < f 'oxm °wfF~m m m is xm B fom N'-.~ otn °- ~ f Ntn rr rrn m ~-i1 v or~in omo o z A ~; `;,' ~~ NAa ayD~'A ~~c ° chi ~F F ~ f ~r m 1 z ~ w ~~ z w c ~mf~v ~ ; ~ ($10001 Fv °x~ z ~ r~ F c~0 m ~ o --I °m Dc_f c~~f r~mDr~* N ~ ~ ~ 'mil --a~~-1 ~F N DvvD Wf~*1~ tm/fA< N '~ ~~ O D ~ {D ~ O C (r~lx~ nf~'1 Z \~ fm/1~2 ~-~rr ~ O x °' ~ w ~~my1 mw °c'i m~ ~ s;P -+ << A y ~ c~ v1 DAr -1 { Nz c~'z ~~DDZC~o ° ~" m ma7..~y~ (n p ~ AN~N~D O~~ Dx O ~ ZZ ~ m ~ ~O O< ~ m ~mN ww ~~\-i Z-1 ZZOA~ C U) ~ r LJ N ? y A r~X~ v xN Z ~ -~0 ~ p O m~ m y~y ~ DAB ~O -10Nm pm ~ Nm2 7C fmA ~ O R wNW OW _ < f. °~ m 4-i O Z rim- xZ. 77 ~OZ-~ Z ZO OJ X~ Z =2 w 2 ° to -{ Cx { Z A ~ ~~ mm ~ ~0 Z~ O m C N N N ^' ~ OOO OwO ~ ~ m ,lOj. lmj m G7 .TD>I AZ m iDi Z- rC (/1 ~O O~ Am{p f Z O ~ ~-.N V1 ~I V7v J~f~/1 An ~m ~ 1 = 17 ~ U7 O~ { ~ C mOZ rm m'm; -1p 2 \ O ~ m O ~ ~ ~ p~~ mm mm m ~ A O x 17x ~ ~ ~ <n~ 1n N0= { Or ~-x~ ~ { N CP to rN DZ N m O fr~1 Z ~ Am m m t)~m C mmOE AD ZOtn r*t Z ~ ~ " p01 ^~ ~~ d O rn ~ .1 x .1p10 y r ~ mmp m~ rn°r~{r ~y m=1X D N ~ N v~ ~~ W O ~ C ~ Z ~ C O 2 ~ { O A i Z m~ r~ 0~ ~ Z ° m m~ mo ° mzmm O G7 ~~ Z N ~ A ~ Of D m N mj0 ~~ Orn ~D OOwO ~ { =~2~ m mOZ ~ O ~ In O A f*5~~ O ~ ~ mmrn l~fw9 ~~~O77D ~m ;A~ O Z riN f~71 N Am O Z C y Z ~ f!~I A (n ~~y (nm ~~x m= Z_Dm~ O •• O ZT N =0 ~ N ~ N x ~m m 2 ViD~ ~p m (D/_Im -~Z~ m O ~2oy ~I„I ~ m A m \ O m ~ rn nD ~{ fAi Za ~OmON to ? (nn(n~ AZ A yx p ~ Ox O mZp m D Ar w0 rm~ iEst m { z ~m ~~ OOZn `/~ ~ ~~ p O m -~1~ ~ A nmD y ON Dm 2~~0 O O m = ~ ~*1 f/~ ~ ~ ~yOr'~mp_ A 00= ~ N O ~O ~ D ;wm Z~ <mZ DO ~' NZ ~ m m0 AZT~~m~ r r,~.m v a z z-1 ~ mz~ mA m{m ma ~ z v ~7~aozm~J m A o o D am ~ o= r,~*m zo mm m .. rmD° O l ~ R(~*11 ~~ mm x z ~v m 11~0~ y~z'~ ~~ p ~ Z ~~ ~D N m D nocn~ Oza~ m c~ Dm t*~1 1~*1 ~!'!7 2 '1 y v r~ D p p .~" m ?' PG. 51 C. EXISTING LAND USES 1. Map of Zoning Boundaries and Existing Adjacent Land Uses: Please Refer to Exhibit S. 2. Impact on Existing Land Uses On and Off Site: The impact of the project site to the existing Land Use on and off site is minimal. Currently the site is bordered by Zone C to the South and West and Zone HI to the North and East. Rezoning the project site from C to HI would have no significant impact on existing land use. There is a proposed low-density residential Subdivision, R-80, called Ironwood Acres and should have no affect by the proposed development. 52 IXH/B/T S: L4ND tJSE AND ZONING MAP 3v~a o m~~~ ~ ? ~ _ v ~ l J 3 d m -~ooa~ E..y a _ ~o £ ~ m~ m ~ Ct cN a a ~~ ~ ~ ~ o m O~p_ ~ O C 2 3~~ ~ m 'o m~ ¢ rr z _ o ~ ~ m ~ * (") moo ~~~ vo ~o c~O, ~~ ~ r m G7 w ~ o ~3 m j O i n ~ . ~} o ~ ~ N C~C (DEG N ~ ~ ~ ~ ~ C /~ j 1 J ~ a l ~ ~II > cn a-a o~~ __ _. _... _..------- ---- 1~niKN ~~_~.~~,,, >;~ o, ~+ o Y F~ a% ~ ~ O ~ ~ ~ ~ ~ ' ~ i S~ ~ rn ~ ~ ~ ~ _~~~ ~ s ~ ~, a o ~~ N Q Uj ~ ~ <~ ` ~-, Z V~ 4~ _ ,~ ~ ~ o cv ~'~~_. F ~~ d m ,,=r<~C~', CZiOC~DiO~awz7~A~~v~mfl[~m-~ ~ tn~ ~ D~ o y ~ a. 0 o cn - D ? ? (f3 = - A .Zl _G Z O = ~ ~ ~ .Zt N (/1 (!] UI VI (n (JJ 4} !n ~ ~ ro0 ~ ~ ~ C = d ~+ m __ ~ m m o ~ ~ ~ _. _- ~. m m ~ c c n m ~ R o r ~ m m __ ~' ~~ 33 i.c yr_m~ iommm c~ u mZ =~ A .. I *if *1 2(n ~ Z .... .. °' r ~ ~ n 9f r o , ~ c , a N. a~ _~ v °L ~; o n C m v m O m m m ro m m m rv m ~ o y 3 o r m v n y ~~ o s m m 3. 3 c~ ~ m m m d m m v 3 m =~ m n N~ o (Q ~ ~ ~ 3 3 3 3 ~ ~ m 3 0 o 3 ~ ~~ . . . . _ a T ~ N .. ,c . , ~_ <- ~ 66 n 0 o m ~ `D ~a ~ a `~N°'~~°mo ~"a3~~~~m~~~~ u , L ~~ _ ro ~, x m ~ m ~'~ ~ ~ °o ~ ov s; m m ti w m m aid o 0 ,q v .. ~ ~ ~ m - r y ~~ WD . . 2~ 0.• ~ N y D O ~ O~ ~ ' D/E. TOPOGRAPHY/HYDROLOGY 1. A description of how the TDP responds to hydrologic characteristics described in part 1, Please Reference Exhibit T, Page 56: The project will be mass graded. The offsite runoff will be collected in channels that will be designed to collector channel standards. The. channel along the north property line, Concentration Point 1.2, will intercept approximately 174 cfs for the 100-year event. Proposed Parcel A will have a building that is offset from the property line a minimum of ten (10) feet. A concrete lined collector channel with vertical sides (retaining walls), a bottom slope of approximately one (1.0} percent and a bottom width of approximately nine (9) feet will have a normal depth of flow approximately 2.21 feet and a velocity of approximately 8.78 feet per second. The top of the channel on the north side or at the property line will be at grade to allow the offsite runoff to enter the channel. The freeboard on the north bank will be a minimum of seven (7) inches, while the freeboard. on the south bank will be approximately 2.25 feet. The channel will transition into the proposed retention basin where the runoff will be spread and exit the site at Concentration Point 1. The combined 100-year peak discharge along the north property line will be designed to the 100-year peak discharge from Concentration Point 2, that is, approximately 87 cfs. This will require an earthen bottom on the channel a four to one side slope where the runoff enters the property, and one to one gunite or grouted rock riprap adjacent to the buildings and structures. The channel will have a slope of approximately one (1.0) percent and generate a normal depth of flow of approximately 1.43 feet. The depth of the channel relative to the eastern bank will be approximately 1.75 feet (0.32 feet of . freeboard). The west bank will have a freeboard of approximately 1.50 feet. The resulting velocity in the channel will be approximately 4.48 feet per second. The channel will transition into the proposed retention basin where the runoff will be spread and exit the site at Concentration Point 1. The basin along the western boundary, adjacent to Breakers Road will be interrupted by the entry road into the complex. The runoff will be conveyed under the entry road and equalized with two (2) - 8' x 3' RCBC concrete box culverts. This will generate a depth in the box of approximately 2.5 feet, equal to the depth of the basin. 2. Information and substantiation for encroachment/modification of drainage patterns. The site is .located within a FEMA Zone AO, with sheet flow conditions approximately one (1) foot deep. Channels will be used to collect and divert the runoff around the proposed buildings. See the previous response. 3. A map of potential drainage impacts to offsite land uses upstream and downstream is characterized in Exhibit T, Pg. 56: 54 The offsite runoff will be conveyed through the site as sheet flow and will leave the site as sheet flow. There will.. not be a change in the distribution flow patterns or locations. 4. A description and map of proposed engineering and design features (Diagram) to be used to address drainage and erosion problems, are detailed in Exhibit U, Pg. 58. The streets and parking lots will be placed on grade to allow the free flow of the runoff over the pavement as needed. Collector channels will be used to collect and divert the offsite runoff around the. site and into the retention/detention basin which will spread the flow out into its existing conditions. In general, the finished floor elevation must be a minimum of two (2) feet above the existing grade pursuant to FEMA standards or 1.5 (1) foot above the water surface elevation within the adjacent channels, lakes, 2.25 feet above the water surface elevation on the north channel and 1.50 feet above the water surface elevation on the eastern channel, whichever is greater. The freeboard on the channels adjacent to the buildings will need a height minimum to twice the depth of flow in the adjacent channel. Further, the fmal constraint will be that the finished floor elevations must be one foot above the water surface elevations within the basin, based on the maximum water surface elevation for the 100-year routing of the flow through the basins. These parameters will be dependant on the grading constraints prepared with the final Drainage Report, and Improvements/Grading Plans. Prudent engineering will direct all local flows away from the commercial buildings. The lot shall be graded such that the drainage will be directed away from the building. Standing water should not be allowed to collect adjacent to the finished building. In attempt to minimise erosion, all points of concentrated discharge should be protected with riprap where the slope is greater than 3:1. The points of concentrated flow would be at the downstream end of roof scuppers, weep holes in the walls or spillways. The site is located within regulatory floodplains. The diversion channels will have either a gunite, concrete or grouted rock riprap slope protection that will .mitigate for any erosion hazard setback requirements. For 100-year discharges that are less than 2000 cfs the County Floodplain Ordinance requires a minimum setback of 25 feet. to 50 feet. Based on the 100-year peak discharge for Concentration Point 1, the erosion hazard setback of any unprotected wash is 25 feet. The setback, as defined, is the minimum horizontal distance between a structure and a channel, stream or wash. A channel setback is measured from the top edge of the highest channel bank or from the edge of the 100-year water surface elevation, which ever is closest to the centerline of the wash. The property is subject to shallow sheet flow therefore the erosion hazard setback cannot be easily measured from the highest .bank; therefore bank protection will be used on the slopes of diversion channels adjacent to all buildings. 55 Exhibit T: Drainage Concept Map a ~ soa• 1 r1;~- l1~ ~70Y6i.vs~urrw~~e ~ ~~~ h ~.pm~srrasx~ Pac~M~FeoM DRAINAGE CONCEPT 7$79 TANC'ERIWE ROA[} 4.77 ACRE PRt~CT ~' 1 56 5. A description of how the TDP conforms to area plans, basin management plans and town policies. r The project is located within the Tortolita Fan Watershed which has been designated as a "Critical Basin" and as such may require detention. The development of a commercial site will require 5-year threshold retention. The northern and eastern perimeter of the project will act as a drainage easement that will collect and convey the runoff around the property in channels(again Reference Exhibit U, Pg. 58). The western and a portion of the southern boundary will provide a two and a half foot. deep detention basin that will satisfy the detention and retention requirements for all three proposed lots. There is an existing low flow pipe (24 inch) CMP culvert under Breakers Road at Concentration Point 1. The basins will be graded to drain to a bleeder pipe located adjacent to this low flow pipe to provide positive drainage. The area of the entire site is approximately 4.77 acres. It was assumed that the entire parcel will be developed to ninety (90) percent imperviousness. This would require an approximate volume for both retention and detention of 26,008 cubic feet. This volume would require a basin that is approximately thirty feet wide, 530 feet long and approximately 2.5 feet deep. The basin will be earthen, except in locations of bends or where offsite runoff will enter the basins. The side slope in general will be four to one, ' and will not require a security barrier. The basin outlet will be designed with the Development Plan and will attenuate the 2-, 10- and 100-year events for the offite drainage and will allow the offsite runoff to be conveyed through the high flow weir of the basin. The basin will have a complex weir to meter out the various storm events. It is important to recognize that there will be some ongoing maintenance for all retention and detention basins, drainageways and hydraulic structures. Ongoing maintenance includes both scheduled and unscheduled maintenance activities. The scheduled maintenance could include such things as mowing, pruning and trash removal that are ' done on a regular basis. Unscheduled maintenance involves sediment removal or repairs, usually made necessary by storms and floods, which are discovered either during regularly scheduled inspections, or during inspections made after flooding. It is anticipated because of the size of the contributing watersheds the requirement for sediment removal will be an ongoing maintenance issue. l1 L~ 57 ~YL-IIRIT ! 1. OOnonccn uvnon- ncv ncc~nn! ccn r! loco V - rv ~ - ~ I i~ ~ --1. w m~cm oozx ~~ ~ \I oo ~ m~~~ ~ zD ~n ~o~~ ~ ~r ~ ~ ~ \ ~ D ~ ~ ~7 ~ O C Z~I r m - - - Z m ~ ~ ~m~ m = ~ ,~ ~ ~ zv ~ m m z ~ ~ o _ _ - f Z ~~ co z ... M 0 0 ,~ ~ ~~~ x ~ o cA rn ~ ~. ~ N C7 v~ fA ~ ' .' , ~!, ~ !;. a m m c W x ~ ~ u rn O p ~ R rn rn ~ ~ ~~o~ d~ u°n3~~ -rm -iv ~ mz mm xc~ xrn m Z Cz N ~ ~2-I~OOm fx~v cAizS~v'ox ~ m~zm~m= A ~ ~Z ~ man°Nm°~• v q Aa~rna<~ OO~o-i°~ ~m~oAO~I v~oo ~~z-'m~C ~o"'~ °Zn~yc°~ ~m~m 2~ < --~ , I-d -'~- I I 1 c1. ~ ~ n ~r w 0 z 0 z m D N Z N V O O v 0 m z D r rn rn W ~ I~ rt -T"1- G~ 't - 1~! 1 1( 1 1 1 1 1 ~ Y ,i' y ~ a ~ _ I o - ~- I ~ z o ^~ ~ I ' I ~m ~~ ~ a ~A ~ _~ 2 ~ ~ ~ r w P P P P 4 4 4 4 ~q -1 -- -- ~~ ~~ -- -- - 200 mZ ( ~ Z mn~ ~ Rt r- -i y ~ ~r r r~~ ( a x' O p c n I ~o~ I ~ 2 Z m ~ ---` , .lJ o ~ Z O --~ ~m m ZO ~ z ~ ~ m~ CJi ~a 2~ ti ~ FF J~ cn O A ~y C ~ ~ cp 1 ~ _ ~ Zoz ~~ m~~ °- r~~ F. VEGETATION 1. Landscape and Buffer Zones in TDP ' Each proposed parcel requires .landscape buffers. Proposed parcels A and B along Breakers road will have a minimum 20' landscape buffer with a 3.5' height. screen. wall and along the remaining property boundaries a minimum 10' landscape buffer. 2. Title 17 -Native Plant Ordinance ' Native plants will be used wherever possible for on-site vegetation and revegetation. Revegetation schemes that reestablish and maintain vertical density with native species will be employed wherever possible. A native plant inventory has been performed to determine the number and location of protected native plants. The native plant inventory chart describes each native plant found using the plant inventory method on the subject property. All necessary permits will be obtained prior to any ground disturbing activities. The Town's native plant permitting requirements shall be adhered to. Marlund Co LLC plant inventory as required by Title 17.01.02 Removed Species from Salvageable Salvage Transplanted Preserved Site Requirement On-site In Place (Unsalvageable) Desert ironwood 6 26 40 12 14 (Olneya tesota) Whitethorn acacia 10 7 2 7 5 2 (Acacia constricts) . Foothill palo verde 1 3 63 2 1 (Cercidium microphyJlum) Blue palo verde 0 2 0 3 1 1 (Cercidium floridum) . Velvet mesquite 2 2 18 2 0 (Prosopis velutina) Barrel cactus 0 2 2 1 0 2 (Ferocactus wislizenii) . Total 19 42 18 18 59 G. WILDLIFE 1. Habitat Disturbance Mitigation and Continuity: To mitigate the effects of sound, each building will have sufficient insulating properties. Native trees and vegetation along the landscape buffer areas will minimize dust problems and screen lights. Intersections will be clearly visible in all .directions and .trees along the right-of--ways and common area roads will screen traffic and building views. 2. Land Use Cross Sections Landscape Buffer plant requirements were determined by a comparison of zone and/or existing land use. The following landscape buffers will be utilized onsite: East - 10' (HI to HI), Parcel C South - 10' (HI to C), Parcels B and C West - 20' Minimum (street frontage) with. a 3.5' height Screen Wall, Parcels AandB North - 10' (HI to HI), Parcels A and C Please Reference Exhibit V- Land Use Cross Section Exhibit Buffer Areas 3. Outdoor Lighting Compliance: This rezoning affords for Complete Compliance with the Town of Marana's- Outdoor Lighting Code -Ordinance 2008.18. Each prospective new Development Plan(s) as is prepared for each Parcel shall meet the intent purpose, code conformance, permits, plans, submissions, fee and approvals for the Town's Outdoor Lighting Code. 'U I~ ~~ 60 EXHIBIT V.• LAND USE CROSS-SECTION EXHIBIT BUFFER AREAS rrn O O to z cn N z N ~C7 Z~ O = rn rn rn rn ~ O N ~ ~ W Z ~ rn o ~ ®~ ~ d rn rn o o ~ ~ w o QQ a 4 ~ Q 0 O T 1 T L rn ^ V l ~ OT V/ ~ ~j C N _ ( D Z Q z ~ C ~ to C ~ r ~ z N ~ m o rn ~ n _ ~ ~ ~ ~ ~~ ~ tom ' D ~ zD -o m~2 ~ O m ~ C7 ~ ( D ~ ~ ~ z ~ r ~ n ~ I'tl ~I I~Tl DD ~ ~ m r ~y~ r om rn ~ ~Z ~ DD ~ m ~ ~ ° z Z °° o ~, _ ~ Z w° ~ 4. 0 d a 0 4,. n n ~ A 40 M ~ ~ °~ ~ o /`~ y l O ~• n~~ ~ o - G7 rn ~x rn ~ + ~ N ~ ~ ~ ~ z O a~~ W x - n O n z z rn z ~ ~ N N 3 y rn n m ~ D ~ O T O ~' ~~d ~ rn rn W ~ U 0 O(_ R ~ H. VIEWSHEDS ' 1. Offsite Views and Vistas: Views and vistas of properties surrounding the project site will be minimally impacted. Adjacent properties views of the far western portions of the Catalina Mountains will be impacted along the western border of the project site. Adjacent ' properties Views and vistas of the properties to the north will not be affected. There are no significant views lost from properties to the east of the site that will be impacted by development. Properties to the south of the site will have an impact on their distant views to the north of the far western edge of the Tortolita Mountain Range. ' 2. Areas of High Visibility: The areas of high visibility occur along the western boundary area of the project site ' fronting Breakers Road easement. The town of Marana requires a minimum 20' wide landscape buffer. with a 3.5' height screen wall along Breakers Road easement to provide required screening. The impact of the areas of high visibility will be ' mitigated through future right-of--way setback requirements and vegetative screening techniques. ' 62 I. TRAFFIC Access Points: Access points for the project site are shown on Exhibit X. All access will be provided via the Breakers Road easement. 2. Off-site Road Improvements Again, the Town of Marana requires a 30' width area on the East side of Breakers Rd. as aRight-of--Way dedication as a condition of Rezoning. The unpaved Breakers Road easement will be paved to meet Town of Marana's requirement of a 24' pavement (immediately adjacent to Parcel A and Parcel B frontage). The Owner of the property will make These Breakers road improvements. However,. before any building can take place, the Town of Marana requires the construction of Breaker's Road with a 24' wide pavement from the project south boundary to Tangerine Road. The cross-section of the road will be determined by the Town Engineer. 3. ADT Projections: The ADT projections for Tangerine road from I-10 east to Thornydale are 6,700. Breakers road ADT is Unknown -See Exhibit X. 4. Impact on Local Streets: The Institute of Transportation Engineer's Trip Generation (7th Edition) manual as well as previous Editions under General Light Industrial (110) with trips per acre has designated 51.8 trips per acre on a weekday. This means that the number of trips per day would equal 51.8 trips per acre X 4.98 acres = 249 trips per weekday. Using the above referenced manual, it is understood that a Traffic Impact Analysis will be required with submittal of Development Plans for this project. Unless Breakers Road is reconstructed by others prior to the need for the issuance of a Certificate of .Occupancy for any structure within this rezone, the Developer of this project will be responsible for improving Breakers Road from Tangerine Road to the southern most end of this project's frontage on that road. The said segment of Breakers Road shall be constructed as a 24-foot wide paved roadway with a structural cross-section acceptable to the Town Engineer. Currently, there are several conditional Rezoning Cases approved and pending that require or will require the Paving of Breakers Rd. 5. .Bicycle and Pedestrian Pathways: Pedestrian access to each building which adheres to ADA requirements will be provided from the Breakers- road .public right-of--way. There are no bicycle or pedestrian ways on Tangerine Road or Breakers Road easement. Due to the proposed use, no pedestrian or bicycle paths are proposed. ' 6. On-Site Right-Of--Ways: A private on-site common area road 24' wide is depicted and dimensioned (See Exhibit X) leading east from Breakers Road through the subject parcels. ' 63 /~~ 1 ( V I a ~ 152.17 7 ~ ~ o 0 I Q _ - __ - . - `. NfN 00'74'14' W 1317.93' QTR. SEC. UNE UNKNOWN ROAD ~. A o \ D ~ ~ m fO'1 m ? ~ _ - - .NAME 8R - '- g A S O N z r - a 177.ti'.. cn` -..:-in 152.17 ~ -= O O ~ O O Z G'1 o a w 1 ~ ~ C Z.~ O m ~ A w ~ z ~ mZ Z D m t?... ~°- D.... Z D .'iO1 x ~ c ~ N pmt ~ r ~ 6 ~ ~czm D z ~ = a ~~~ ~ m a ~ a l a rn 01 H' O ~ DN ~ N ! N D ~ O ~ ~ ~ N ,~ I, a °T ~ ~ ~ G7 N yi a V ~ -~~ f\N~m m to m N ~ ~ {~...~~ ~ ~ ~ yyyZN O ~ ~ ~ O .<.... .~Y aN a~ ~ (/~ f }, ~ I ~ ~ m ~,.~1 ~ b I I ~ S + ~~ Z a ~ ~ + g '~ (n o Z W~ ~J WZ''1 WZn N Z A Z ? \ X ~ 0 1 ~ O~ x ~ a N N O I C ~ ~ W ~ .. ~ a+` ~ A J O :0 ~I O m O 'p f0 U % ~ N (~ D Z-1 Nam N~Z D ~~N k. f aN p ~ Z C G7 Z ~ Vl DO ~+ A ~o ~ ~ D= S n~ S n= Z Z ~ ~~ ~ m -+ vm mfr m_+~ c~ -~ hit +t ~I o. ~ m m n SVZim x~z O. o -~ +.. ~ m rO ~ I v m z N ~ ~ I ~~ w T T y 07 N m m a ~. i s. L f a ~, ~, ^~ ,' z ~ m m m$ T w "' n o y N N Z Z W .._P 9f,P ~~~P~~^,. 41~~ 1~94r ~ ~ rt7T ~ Il fill Ll ~ V~l/ m ~ ~ ~ x s ~ o U O ~ n~ Z f~'r ~ m~ n V1 ((~ ~ m ~ N 00'16'08' W 329.35' I*p7 A ~ ,1 ~ Uj ~ O ~ O o v z _~-~~ X00 i O _ ~ v ~ Z~ D D v v~ ~ m x f0 n u ~ m j ~ w N CEMENT PLANT RD m N N~ y v ~ O Z ~~ \~ ~ N { O ~ r Q W m Of Y CO ; ~ O ~~. ~ Z ~o~q c~mH o~~ D W n~i ~~: zmyO -D ~ o ~~~ Z ~ ~ ~ _ -a _~=N NNE ~ BREA E SR m ~ O ~ DmO Z ~~ m w _ ~ 0 C~ T ~ C'1 + + mW my o ~ m ~ cn O .. •• y ~°wa p a~ -~I f)O -~ ~ ~ x o`m ~.. O!'_' ~ A J. PUBLIC UTILITIES 1. Sewer: The project site will utilize septic systems onsite. At this time, Pima County Wastewater Management Department has no public sanitary sewer to service this development. The Septic Systems Requirements for this site and the respective Parcels A, B, and C have been investigated and proposed per the Septic Systems Designs Exhibit. Please reference Exhibit Y. Per pre-issuance PDEQ requirements for Septic (Including Soils Characterization and Reserve Areas) this project has been satisfied. Please reference the appendix, Page 73 for the PDEQ Letter of satisfaction. 1 2. Water: The project site lies within the Town of Marana Water Department Jurisdiction. At this time, the Town has no facilities in this location. However, there is an existing Well onsite (reference A.4., Page 16). This existing Well is to be "shared" throughout the new exclusive 3 Parcels. There 1 is no master planned satellite water system for this Project, as was suggested by the Water Department letter, in Exhibit Z, P. 67. The on-site shared Well and proposed. Water Storage Tank is to serve the 3 proposed parcels exclusively. Onsite water storage will be provided via a storage tank ' located. Southeast corner of Parcel C. To adhere to the requirements of the Town of Marana Water Department, Shared-Independent water system agreement(s) with Private Waterline Easements/ ' agreements shall be provided at the time of Development Plan(s). An appropriately sized on-site water storage tank shall be provided to meet the Northwest Fire District requirements (as per their adopted Firecode-2006 International Fire Code Appendix B and C and amendments thereof) for ' these types of Developments. Per all respective rezoning exhibits easement widths for new water lines is set at 30 ft. as per Town standards. Sample Tank Stora e Requirements and Fill duration calculations: Approximately 1600 gpm x 120 mins (2hrs.) duration = 192,000 = 200,000 Gallon Storage; required: 1 200,000 - 7.5 = 26,667 cubic feet water (35/2)2 ~ = 962 sf 26,667 cf - 962 sf = 28 Height of water, then. 32 feet Height of Tank *Therefore ,the Project (Per Well ID #5853.72) requires a tank 35' Diameter / 32 Feet High *Approximately 140 gpm of Well Production through the existing 5 inch casing = 23.8 hrs to fill tank The minimum well pump capacity of 15-20 GPM and the above rezoning documented well flow of at least 140 GPM for a subsequent 24 hr. adequate recovery time, must be proven through the hydrogeologic data, and engineering reports, studies, drawings, and maps, specifications, analyses to support the evaluation of an application for a AZ Department Water Resources permit prior to utilizing well site 585372. This rezoning is for a single Parcel. A jurisdictional lot split process after this rezoning will allow for legal land divisions for 3 distinct lots, as well as required Shared Well Agreements, and Easements. Arizona State law allows the above Dedications, Shared Well Agreements and ' Easements} to be provided for in such a legal lot split. The future required Development Plan(s) must show compliance with ADWR Commercial Permitting before said Development Plan(s) acceptance. 3. Gas: N/A/- there will be no use of natural gas onsite. 4. Electric: Trico Electric Company currently serves this area. Onsite easements for specific Electric/Dry Utilities will be carried out with the individual designs for each of the Development ' Plans(s) per separate instrument(s) in concert with specific Utility Company easement standards. 65 EXHIBIT Y.• SEPTIC SYSTEMS DESIGN EXHIBIT ~- ~ 1~"? 13Y7:~3 5~0: UNE IfNKMOWN RQAD o N D ~~ 0 b ~ a ~ J ~ R ~ 3 ~ m 4 ~ ~~ ~oc ~ n~z ~ ~ ~~ ~~ ~.N..Q NGZ') ~` ~ ~ fA (1 y a a ~z a ~' $ m ~ o ,,e _ ~~ ,. M O \\ 1 ,4_~ ~ ~ ~ NN D ~1 a ~~ ~ ~ ~~ ~~~ o ~ q, ~ e ~ ~ ~ ~~ o ~ l s- Z ~ [~! L~_ E G',v j m~ o ~ a 4 3 ~'o~in~ ~ ~ ~ \.~' \ v~ r ~ ~ . m ~ ~ o {~ A U , " ~ ~ -., Z O j ~ a vI 3 ~ ' 0 ~'~ i N o v a nvi ~ ° S a -- - " ° m ~ ~ m ,~. ~ o O ~ r ~ar~r r~~'~~ •tf4.. ~I.4 •~i~ o o w n ~ i ~ ~ ~ ~, cC ~~ <.. ~\, N g~ ~~p(~ wOC €N ,~ ~ Cf s has ?~ 'T191° ~ ~ ~ =1 \*. `4 ~ q N 00'18'08" W 330' r hI O ^ ii ~ ~ ~ +`~R• t~ ~~o ~ ~, _ r ~ ~~ m~ a ;i~y p. ~ ~ N D < y `r ~ ~ I'it '~i ~ rZn d ~ Z ~. ~ Z y~~ y .: .., i ~ m S k ^F z ~ \ (v~,~ PG. 66 Exhibit Z: Town of Marana Water Department Letter '~ ~`~~ ~. ~'~ .. W _ , _ .. ~.. ~ . _., ~ .... "fir ~ ~ `~. ~r. _ . ~~. t~z , _,. ~~ ,_ ~~ _ , .. .. ~ :a~~ ~~~ ~ r . , ~„ ! +,~ ...)... .v (_ _~i"~.. ~. ,. .... n..~ .. .. ., , ~... ,_.. r- E±~._ ~) ,3 ~-•,. - ~+.~_. ..., E~ ,. 3_~ .. _~.. ~~ ~.. ~ ~. .. ..., .~t ~l... lei iI `; ~1l; i'.~~ 2"Y ~..1. < ,~_ ~ ~. ran i,~=~` i,. iit_ ,.~,,'.. ~... ;... iii ~.ili ~~'. ~(1:.i..~ r '~ .. €~ FfiXr z 67 ' K. PUBLIC SERVICE IMPACTS 1 1. Police: Police service will be provided by the Marana Police Department. The nearest police substation is located approximately 4 i/2 miles .northwest from the project site at 11555 Civic Center Drive. It is anticipated that each proposed building will have an alarm system and that parking lots will be lighted, according to Outdoor Lighting Ordinance Code, per section G.3., Pg. 60. 2. Fire: The project site is located within the Northwest Fire District service area. This project will be annexed into the Northwest Fire District prior to approval of a Final Plat or Development Plan(s). Northwest Fire District indicated that the Fire Station to service the Project sites would be from the station located at 13475 N. Marana Main Street. An appropriately sized on-site water storage tank shall be provided to meet the Northwest Fire Districts fire flow and duration requirements (Please reference Section-J.2., Pg 65). The on-site water storage tank will be located in the South East corner of the property with a Private Water Main and water lines attached to each proposed building to satisfy the fire requirements. Hydrants, Standpipes and co„~ or Post indicator valves will also need to be placed on the Proposed Private Main per Qr S Northwest Fire District requirements. Each of the proposed buildings will use r primary materials consisting of metal and/or block. Each building is anticipated to S5 N~~. have ceiling heights of 16 feet. Northwest Fire District's approved sprinkler designed ~ systems (as supplied by each potential Developer) is required to be installed in each of the three buildings. Again per sections L2. and L4. Pg 63, Fire Department Access shall be ;consistent and per Town Requirements, with the new 24' width paved Road to Tangerine Road and new on-site pavement within each respective Development Plan, prior to building. 3. Sanitary Pick-up Service: Waste Management will provide trash pick-up for the site on a subscription basis. 4. Schools: N/A- There will be no impact from the proposed development on schools 5. Parks: N/A- There will be no impact from the proposed development on parks. M. CULTURAL, ARCHAEOLOGICAL AND HISTORICAL RESOURCES 1. Protection of Existing Resources: 68 A cultural Resources Survey of the project was prepared by P.A.S.T. (Professional Archaeological Services and Technologies). The Survey indicates that no important ' prehistoric or historical material in the project site area appear to be more than 50 years old. Consequently there are no significant cultural resources in the area inspected for this project. (See PAST Report submitted under separate cover). The. Arizona State Museum was consulted for the three proposed parcels that compose the project. site. They indicate that students from the Umversrty of Arizona inspected the parcel in 1981 and no sites were found. The work, however, was done by students not by professional archaeologists. This, as well as an indication that numerous sites are known to exist in the immediate area, persuaded the Arizona State Museum to recommend a professional examination of the land. This analysis has been completed. A letter from the Museum is provided (See Exhibit P, Pg. 46). 2. Incorporation of Resources into the Development N/A a 3. Measures to Protect/Recover Archaeolo ical/Historic Resources g If human or cultural remains are found during the course of development, work will stop immediately, and the Arizona State Museum will be notified. (per ARS-41-865) 1 09 ~ iJ A~iza~a . Exhibit Z: State Museum Letter ~~ ~°~ t,~a~~~ ~ ~>~°.i~.=cj _~~ `~4~'ti ' `' _ . a _ .._ ,~._ ~ #.. - ,, r , r„ ,,.~ , ~a x~,~z, ,~,~ .~tt ~,r ,;~ ~ _ ,~;~~. „ ~ ~ t ... }, ,. ,~. .. !l . r ,'. ~ ~ (., .L1', t;. t,~~iltcii t' 1~.'.:3.:.,,{~ i1.3.it t ' .,: ~ ~ a: r ~:~.,:~ ('~ ~ 1t .. . l z.~ri E _° , ~ ,.c a3.~3. _~, s ~ a3 .: r _, n it i~ ., ;titvL ` 3 St .._~ ~ .. .: _~ _ .,.a_ ~..._ _ ~ 7~- v.uz ?fit ~.3~. ~. +: cili , -15~it t~ 1C_ 4(C~ a t ~ cE ~i ,_ ,~ _ _ ~ . . 'S r1",' +'~i t llt~Y : a?i~ .;iii:; t' =I :: lc`E~c 9~ ('s~"Li~c`i2kC#1'~, i ISSl i6~ v w i1 ;; ~l:;: i?~J. C:!~ ~. .. ~ . ;.I, -st IIuj ;~zC1 ~ ~~~~~ i~~r~s~ 1 i ~ ~, 'f; 1 ~ ~l?~ 7c'~u~.~ ~ a~ ~ ,.1 ~~,~, t Fs. F_5t * ~. ~< ~.~~ ~. _ ~'S i7~ `ir ~ 7 ~ ii~t ~ °.~i tl t ~ - ~ ~ i3~'I1~3t~ItC~i1 Ic J1t€ ,. ~ _ .,~ ~ i;. ~i~t.. <3 ~. ., .. ~. ~~r , . ... 7 ~ 1,.. S .. .~ a :. ~ .. i)l' .t ii°a5ll iIi 1C ,1:, til C:( IS 3<~s ?~~;-X~t ;~1L -~ ti t_~'. } ~ + ±l2.F11 S'~ ~'4`t~111 :I1~4 L~l~ € ii.?6 ~ ~!' ~S U 31 ' rj, . S .{iL li: ~ t ~ ~ . at i .1 ' ~. ti ~ (~:a El ~?iiit~,~ ~1i ~I~°;i ,.f ~i' ,.1Sac.c~i~ 1 ~:1: t i~f ~.( +tt < ,~ ..i ..a' !~~ << lfiz':.(1] . _ . (( •7` ~14 C~'~~4~ ~. t. :ii.£t ~l~>-~-,.~.. ~1,. _ ari 1.E .~Il ,. (+ t , .~~u t a`u. .. 4 s,".r -_ ~"~ 70 Bibliography Town of Marana Rezone Procedural Guide and Application, August 2003. Marana Land Development Code: Title 5- Zoning, revised September 2005.. Title 10- Procedure, revised May 1997. Title 17- Protection of Native Plants, revised October 2001. Title 19- Standards for Grading and Related Site Work, revised January 1997. Ordinance # 2008. 18-Outdoor Lighting Code-2008 Town of Marana Trail System Master Plan, 2002. Town of Marana "Park, Trail and Open-System Master Plan", June 1999 Aerial Photographs- Cooper Aerial 2006 Imagery Zoning Map(s)- Pima County G.LS. "Storm water Detention/Retention Manual, Pima County Department of Transportation and Flood Control District Bogardus Engineering LLC USGS Topographic Map, Jaynes Quadrangle. Pima County Mapguide Map. US Fish and Game Service, Department of Interior. Arizona Game and Fish Department. ITE (Institute of Transportation Engineers) Trip Generation (7th Edition) Wayne L. Clark III, P.E. - Onsite Wastewater Disposal Engineering 71 u Appendix ~' C ~~ ,z ~ PDEQ Pre-Issuance Satisfaction-Septic Letter ~'aF ~' ~~~ MEMORANDUM ~.~~ ~ PUBLIC WORKS -DEVELOPMENT SERVICES 9$ ~~ tzo DATE: April 14, 2009 TO: Bob Clements, Planner Town of Marana Planning Department FROM: Robert E. Flynt, Public Works Manager Development Review Section SUBJECT: PCZ-07131 Breakers Industrial Park -Rezoning On behalf of Pima County Department of Envirorunental Quality, it appears the Certificate of Compliance pre-issuance condition(s), as listed below, have been satisfied. Department of Environmental Quality on-site sewage disposal conditions: 1. As a condition of rezoning, the applicant shall demonstrate that the lot(s), as proposed, are suitable for the placement of an on-site wastewater disposal system, including the primary and reserve disposal areas, to serve the proposed development while meeting all minimum design criteria. The size of the primary and reserve disposal areas shall be determined by on-site soil evaluations and/or percolation testing. If you wish to discuss the above conditions, please call me at 740-6502. The Deparhnent's Air Quality Control District requires that air quality activity permits be ' secured by the developer or prime contractor before constructing, operating or engaging in an activity, which may cause or contribute to air pollution. RF/rf ' 73 04/1712009 10:00 5202970644 KAUFFMAN'S PAGE 02 Water Management Support Section P_O. Box 33589 Phoenix, Arizona 85067-3589 Request to Change Well Inforrn8tlon ' (602) 771-8500 • (800) 352-8488 www.azwater. ov +~• Review instructions prior to completing form in black or blue ink. FILE NUMBER 4 You must include with your Natice; - check or money order for any required fee(s) wEGL RECISTRATIONI,NuMBER . ~ Authority for fee: A.A.C, R12-15-15i(B)(4)(a), A.R.S_ § 45-113(8) 55 - ~~'~':~~~~, "PLEASE PRINT CLEARLY'" SEICTI!E~N'::1'..~ RE+GISTI~IV' INFCJiR~J~1T10N.,~:~ , .. Wall Owner ; Lac~tion o°F Well .. ' Fu61. NAME OF COMPANY, /OR~OAN-zAT1pN, OR 1NDIVIDUAL ~ rNELL LOCATION ADDRESS (IF AN M INGAD SS ~ ~~ ~ °1~ C1~ - ~['i'//Ir ~Gt._ TOWNSHIP ( R p ~( 9 ~ ION 160 AC 40~cA-C~R 10 A E l~~~Q /l~ . ~~L`~!Z[:.~'~(L t!~ ~/ ~ f;! ( VI~C.:~:, ! ~~" f .~ f7 ~ ~~a <,,G C /SPATE /ZIP CODE IATITU LONG E ~ 4 D . TCCs4*ri ~,~ N ACT -SON NAME AND n1.E Degrees Minutes `. 3eo0rxle Degrees 1 Minutes I 3emnde METHOD OF LATITUDEJLONGITU~ (CHECK ONQj r~ ~~ " LI "GPS. Hand-Held j L~' ~ ~ ~ L.~,I[~,7,~,~-~, ~ O_US`GS.Quad Map.... Q Corrventlo~al.3urvoy-- [f 'GPS: Survsy~Grad® .. T w-IONS NUMBER F~ CIF OPS WaS i19ED, C,E!pORhPMC COORC?INATE DATUM (CFItCK ONE ' ~~ _ _ ,1 7 , _.. ~ NAD-83 Otl~er aese : ~~ d ~~ ~L ~~ ~~ -t~l,~• COUNTY nSSES80R'S PARCEL l0 NUMBER OOUMYWHERE WELL 8001( My~ PARCEL IS LOCATE'b T'.' of R uest: CCK ~l fi° G.' ,~ C~ I ~~ Y) ]C~L.%; ..... Change of Wee Drilling Contractor ' 1 Change of Well Ownership Change of Well Information Fill out Section 2 `' Fill out Section 3 location use eta Fill out Section 4 SECTION 2'..REQGJEST T+O; CHA1gl3E: WELL bRILLING CO~N7RACTOR: ~o' F~:'t2~ uilm ' :.: ' • If drilling or abandoning a wall, the Departrnent must receive this request and isegue authorl~ation Eo the new $10 FEE drillin firm br m d1e commencement of wail dlillin or >abandormlant_ Gurrant;W®11 Dri1Nn""Contractl~lr .:..,:.. ...... New Wall Drlllfn Contractor ..: . ...;.. ; FULL NaME OF ODMPANY, ORGANIZATION, OR INDIVIDUAL ' FULL NAME ~ COMPANY, ORGANIZATION, OR INDIVIDUAL, D1NR LICENSE NUMBER DWR LICENSE NUMBER ROC LICENSE CATEGORY LEPH NUMB FAX k'I.EPH NU ER FAX .SEICT1t~1N'3.STATI=N9ENa"OF.,CH~IiNraE`dF.W.ELLOWI/11YERSHIP SiO"Fiae,Ro iri' • If this chap rrgins'~o more than ohs well and the names are The same, onl one $10 fee ie re aired. S10 FEf~ :.PreViciusWeh Owriec. , . ,.. ` New We1C:0itvLner. , :. .. , NAME OF COMPANY, OR ANIZATI °" ~ ~. ON, OR tNO1VI0UAL FU NAME OF COMPANY CRGANIZATION, OR INDIVIDU/~ MAILING ADDRESS / ^ t •/j 1 Q~'~ t:-/ (~ L d MAILING ADD S CIT(/STAY /ZIPCgDE ~~t'' /-C'C~l'lcu'~c1 G ~,y7., LCCS~ ~ / ~- ~ (~~ CITY /SPATE /TIP CODE ~j CONTACT PERSON NAME ANp TI E L ~SC`n ~ lJ ~~~ ' CONTACT PERSON NAME ANd TITLE TELEPHONE NUMBER pp~ f ~ ~ T"77 r(G~/ 1 , "r;{,ER-ioN6 NUMBER " "' - 1 _ --7 FAX ~f SI;CTIbN.'d;:.CHAttI(3E bF'WELt INFORhM~ITIIOhI'. iJo Fe®;Re'' sired :_ ' NOTE: A hs onf to we119 that have alr>?sad been drilled. For ro sed wells >3n amended Notice of Inbent tb grill a Well must bA file Expl.alN d ' SEOTION 5..OPTii'JNA•L`13Y pROPEJ~TY 04YFil By checking this box. I hereb ER'a'ND: WALL OWNER OINLY :,.: -: ,. maesurements at this well, seer ns(ruely O~ ~~~on iv erKer the property fir tfr® purpose of ~Iking ~tqr level SECTIORL`~',. WELL~.OWAtER;81GNATI~RE~:.. ;:..; ::. .~. _ ! F/EREBY C~77FY that the above stetemenfs ere hue to the best of m . kgowled anQ ba!lef. TYPE: OR PRIM' NAME ANp TITLE _ (" - SIGNATURE ~ yyELL ER ' fit' )~"L1.2~+ G~i"~'.G.' : / .J DATE DwR 5~71A (REVrsED 09/0/08) Page 1 of 1 / ~ !~ ~ U ' 7~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, July 21, 2009, 7:00:00 PM To: Mayor and Council From: Ed Honea ,Mayor Strategic Plan Focus Area: Community Building Item A 3 Subject: Resolution No. 2009-121: Relating to Boards, Commissions and Committees; approving the appointment of Peggy Craig-Mackey to the Marana Public Safety Personnel Retirement System local board Discussion: Under State law, the Town of Marana is required to maintain a local board to administer the Public Safety Personnel Retirement System (PSPRS) for its PSPRS-eligible employees. The local board must include the mayor or his designee, two PSPRS-eligible employees elected by their peers and two citizens appointed by the mayor with the approval of the Town Council. Mayor Ed Honea is requesting Council approval of the appointment of Peggy Craig-Mackey to the local board. Ms. Mackey's term would be for four years and would expire in June 2013. ATTACHMENTS: Name: ~ Reso XX appointing Peggy Craig-Mackey_to PSPRS loc...a..l boa rd_{000.15174). D. O.C.. Staff Recommendation: Description: Resolution appointing Peggy Craig-Mackey to PSPRS Type: Resolution Suggested Motion: I move to approve Resolution No. 2009-121, approving the appointment of Peggy Craig-Mackey to the Marana Public Safety Personnel Retirement System local board. Regular Council Meeting -July 21, 2009 -Page 129 of 145 MARANA RESOLUTION N0.2009-121 RELATING TO BOARDS, COMMISSIONS AND COMMITTEES; APPROVING THE APPOINTMENT OF PEGGY MACKEY-CRAIG TO THE MARANA PUBLIC SAFETY PERSONNEL RETIREMENT SYSTEM LOCAL BOARD WHEREAS the Town of Marana has created the Marana Public Safety Personnel Retirement System (PSPRS) local board pursuant to A.R.S. § 38-847 to administer the system for the Town and to make the provisions of the system effective for the Town; and WHEREAS A.R.S. § 38-847 provides that two members of the local PSPRS board shall be citizens appointed by the mayor with the approval of the Town Council; and WHEREAS Mayor Ed Honea desires to appoint Peggy Mackey-Craig to the Marana Public Safety Personnel Retirement System local board for afour-year term. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that Peggy Mackey-Craig is appointed to the Marana Public Safety Personnel Retirement System local board for afour-year term, beginning July 1, 2009. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 21St day of July, 2009. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -July 21, 2009 -Page 130 of 145 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, July 21, 2009, 7:00:00 PM To: Mayor and Council Item D I 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: ^ Bulletin-#23~df ^ Moratorium_Op~ositon.pdf ^ Bultetin~#24;odf ^ Le...ague Bulletin 25.pdf ^ Bulletin-#26-FINAL.pdf Staff Recommendation: Description: Type: Bulletin 23 Backup Material Moratorium Opposition -Backup Material for Bulletin 23 Backup Material Bulletin 24 Backup Material Bulletin 25 Backup Material Bulletin 26 Backup Material 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 -July 21, 2009 -Page 131 of 145 IN THIS ISSUE T-Minus 17 Days Until Government Shuts Down ................... ..................1 Budget Stalemate Continues; Governor Holds Stakeholder Meeting .......................... .................. l Key Developers Come Out Against Impact Fee Moratorium . ..................2 Weekly Spotlight ........... .................. 3 Legislative Bulletin is published by the League of Arizona Cities and Towns. Forwazd your comments or suggestions to: Bulletin Issue 23-June 12, 2009 T-MINUS 17 DAYS UNTIL GOVERNMENT SHUTDOWN With the end of the fiscal year rapidly approaching (12 working days), there appears to be little progress in the budget negotiations between Governor Brewer and Republican leadership. In addition to the budget, the Senate has now begun to hear the bills that have been waiting since January. After assigning over 300 bills to committees, agendas and floor calendars have been packed as members rush their bills through what is assumed to be a narrow window to do so. It is expected that next week Senate Committees will hear both remaining Senate bills as well as the few House bills that made it through their process and are ready for Senate hearings. There are currently no House committee agendas posted, though the Senate held a rare Friday morning floor session to get the bills heard in committee just days ago over to the House. League of Arizona cities ~ Towns According to the June 11 edition of The Capitol Times Legislative Report, ls2owestwashingtonstreet Senator John Huppenthal (R-Chandler), "called the next few weeks of session Phoenix, Arizona 85007 an `incredibl dan emus' eriod where le lslation that is not full understood or Phone: 602-258-5786 Y g p ~ g Y Fax: 602-253-3874 vetted could get through." Senator Ron Gould (R- Lake Havasu City) also expressed similar concerns in the Legislative Report, saying, "If it's an in-depth issue, I'd rather hold it off until next session, where we have the time to properly consider it rather than ramrod things through that are bad and we are just going to have to come back and fix them." The League will continue to carefully watch both the policy bills and the budget negotiations. With bills moving extremely quickly and a budget that could come together quickly once the stalemate is broken, it is very important that you talk with your legislators on a regular basis to discuss both budget items and bills that affect your city or town. BUDGET STALEMATE CONTINUES: GOVERNOR HOLDS STAKEHOLDER MEETING Governor Brewer and legislative leaders are continuing to hold private meetings to discuss a state budget for Fiscal Year 2009-10 but so far no consensus has emerged. Meanwhile, the intensity of the debate has ratcheted up with the Governor criticizing the process by which the Legislature passed their budget bills and their refusal to transmit the bills to her office. Legislative leaders say they want to continue negotiations with the Governor before sending the bills to her for a nearly certain veto. As reported last week, the Constitution requires the bills to be transmitted to the Executive, but does not specify a timeframe for that to occur. To air some of the most problematic issues in the legislative budget, Governor Brewer convened several stakeholder panels in the Executive Tower last Wednesday. The League was represented by President Boyd Dunn, Mayor of Chandler; Executive Committee members Maria Baier, Councilmember from Phoenix; Elaine Scrag s, Mayor of Glendale; Scott Smith, Mayor of Mesa; and Executive Director Ken Strobeck. Regular ~ouncil Meeting -July 21, 2009 -Page 132 of 145 June 12, 2009 BUDGET STALEMATE CONTINUES: GOVERNOR HOLDS STAKEHOLDER MEETING (coot) The League panel focused their comments on three provisions in the legislative budget that directly hit cities and towns in the pocketbook and will force either higher local taxes or more drastic cuts in services: the VLT fund shift, the moratorium on impact fees; and changes in the property tax assessment ratio VLT Shift: This provision re-directs $42 million of Vehicle License Tax revenue sharing away from cities and towns and sends it to local school districts. The League made the case that diverting VLT funds is likely illegal for several reasons and that enactment of that provision will almost certainly trigger another lawsuit. They also pointed out that cities and towns have no responsibility for school funding or operations, and that the Supreme Court has even ruled on that point in a lawsuit brought by the Homebuilders Association. Beyond that, cities and towns have no capacity to absorb another $42 million hit to already-decimated local budgets and would have no alternative but to cut essential services or raise taxes locally. Impact Fee Moratorium: City officials strongly denounced this provision as having nothing to do with balancing the state budget, but rather bailing out the homebuilding industry at the expense of local taxpayers. The point was made that impact fees are absolutely essential to pay off bonds that have issued by many communities to pay for advance installation of infrastructure. It was stated that it was not inconceivable for some fast-growing areas that are heavily-leveraged for infrastructure bonds to actually become insolvent if a three-year impact fee moratorium becomes law. The moratorium on fees, building codes and increases in construction sales tax was denounced for its improper, last-minute insertion into a budget bill. The officials said that if they are unable to provide adequate infrastructure to new growth that they would seriously consider suspending the issuance of building permits. Property Tag Assessment Ratio: This provision had no debate even in the committee process but could have significant impacts on local property taxpayers.. It drastically accelerates the reduction in business property tax rates from 22% to 10% effective at the end of this month. Any new bonds issued by a city or town would see individual homeowners paying a much higher property tax amount in order to make up the cuts to business properties. Such a dramatic shift could also result in ~~n~~t~~ Ming in higher interest rates. This provision was also criticized as having nothing to do with solving the state's current year budget problems, but shifting greater costs onto local individual property taxpayers. Cities were joined in this panel by representatives from county government that echoed many of the same concerns. Following a question and answer session, the panel thanked Governor Brewer for not including these harmful provisions in her budget proposal and for giving us an opportunity to report on the harmful impacts of these provisions. KEY DEVELOPERS COME OUT AGAINST IMPACT FEE MORATORIUM Several major developers have now come out publicly against the impact fee moratorium provisions contained in the legislative budget that is waiting to be sent to the Governor. Valley Partnership, which is an association of over 400 commercial developers and the cities and towns that regulate them, issued a letter to the Governor expressing their concerns and promoting House Bill 2259 as an appropriate compromise. In addition, Westcor, DMB Associates, and Sunbelt Holdings have all weighed in opposed to the moratorium provisions due to the detrimental impacts they could have on development. The League sincerely appreciates their support and hopes it helps other members of the development community weigh in on this critical issue that will have extreme consequences for their business. We encourage cities and towns to share this information with the developers in their community and let them know how the current provisions will affect development within the city. The written communication from these organizations is attached for your use. 2 June 12, 2009 The Weekly Spotlight- Pancrazi This week we focus on Representative Lynn Pancrazi (D -Yuma). Representative Pancrazi is a long-standing, dedicated participant of the Yuma community. For 28 years she served as a teacher, instructor and athletic coach in the Yuma Elementary School District Number One. She retired and then returned because the district lacked teachers. Now as a state legislator, she serves as a substitute teacher as time allows. She wants to dedicate her time to the constituents of District 24. She is the former president of the Yuma Elementary Education Association and is a member. of the National Education Association. In addition to teaching Yuma's youngsters, she also has been a licensed realtor for 21 years. Rep. Pancrazi is a member of the Yuma Association of Realtors and the National Association of Realtors. Representative Pancrazi has enjoyed serving as a lifeguard, swim instructor and pool manager at YPG and Kennedy Pools. She also likes coaching soccer and softball youth leagues for Yuma Parks and Recreation Department. She received a master's in elementary education from Northern Arizona University and a bachelor's in physical education from Point Loma Nazarene College in San Diego. She is proud to have attended Arizona Western College, Kofa High School, Woodard Junior High School and Palmcro$ Elementary School, all located in Yuma. Representative Pancrazi decided to serve in the Arizona Legislature because of her concern about the quality of education in Arizona. She advocates for a safe and secure border, managed growth and adequate infrastructure throughout the state. Her legislative assignments include being a member of the Natural Resources and Rural Affairs and the Regular Council Meeting -July 21, 2009 -Page 134 of 145 Public Employees, Retirement and Entitlement Reform Committees. YVhat prompted you to run for the Legislature? The first time I ran I was asked by a committee set up by the Yuma Democratic Party. Many on that committee were friends and colleagues. They knew I had been active in my local teacher's association for many years and that I knew my community and would consider running to represent it. I have worked hard and the people of my district have allowed me to serve a second term. My concerns continue to be public education, rural affairs, health care, small business opportunities and our seniors. What's your proudest legislative achievement? Helping people has been a big part of my job and I am so pleased every time I can help someone with a problem they cannot solve themselves. I am happy with the transparency in the process that major railroads have to provide communities they are impacting with their projects. I am pleased I could be involved in the military educational compact that allow school districts to work together in making children of military families transition from one school to another as smooth as possible without losing credits and/or activities. I have not completed the work I have begun to make the certification of teachers a smooth and uncomplicated process as well as other educational issues. The growth of my district will require much more infrastructure and that is a challenge to be worked on in the future. How can the state government and local governments be better partners? I feel it is my responsibility to be a partner with my county supervisors and city councils. I keep in contact with many of the members and they also let me know when legislation we are proposing may impact them both positively and negatively. Having a good relationship with District 24 community leaders is important to make sure what we do at the state does not hurt my communities and their ability to govern. at kinds of things do you do to relax -favorite music, books etc? I have a lot of family in my district and getting together with them is a favorite activity. My grandkids are the best and spending time with them June 12, 2009 is a joy Mike and I treasure. We have a monthly get together we call the Aan Clan that is always fun. Going to lunch and shopping with my sisters, nieces and my friends is always enjoyable. My communities have a lot of activities throughout the year and we go to as many of them as possible. I love to visit with folks as does Mike so going to community activities if always great fun. During session I have to say being home on the weekends is my relaxation. Thank you for your time. Thank you. Regular Council Meeting -July 21, 2009 -Page 135 of 145 4 June 12, 2009 IN THIS ISSUE Session Update ................................ l Budget Developments: Lawsuit And More Discussion........ l It's Not Just A Moratorium!............2 Impact Fee Debate: Cities vs. Homebuilders ..................2 Economic Stimulus: Webcast On Low Cost Financing With Clean Renewable Energy Bonds ............... 3 Bill Roundup ................................... 3 Weekly Spotlight ............................. 4 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 Bulletin Issue 24-June 19, 2009 SESSION UPDATE With only seven working days until the end of the fiscal year, the work at the capitol appears to be heading toward a chaotic finish. In addition to the state budget struggle (see article below), the Senate is running bills through the process at a rapid rate, with committees meeting late into the night and twice a week in some cases. Bills that pass committees are then being rushed through the floor, often the next day, which leaves little time for stakeholders and legislators to digest provisions and amendments. The Senate, which is working on Friday for the second week in a row, has nearly 100 bills on their floor calendar. It remains to be seen, however, if the House is inclined to put in the comparable long hours and late nights that will be necessary to process this last minute flood of Senate bills that need House hearings to move forward. The League continues to monitor each of these bills carefully and weigh in when needed to protect Arizona's cities and towns. BUDGET DEVELOPMENTS: LAWSUIT AND MORE DISCUSSION The stalemate over the state budget took a new turn this week when Governor Jan Brewer filed a special action lawsuit in the Arizona Supreme Court, asking the Court to require the Legislature to deliver the budget bills to her desk. The Governor is expected to veto some or all of the budget bills, while legislative leaders said they were holding on to them in order to continue negotiations. The "Presentment Clause" of the Constitution says that all measures "when finally passed shall" be presented to the Governor, but it does not specify an exact time frame; the Legislature took final action on the budget bills on June 4`s. The Court accepted jurisdiction in the case and set oral arguments for next Tuesday. Meanwhile, talks are continuing between legislative leaders and the Governor with rumors circulating that there may be agreement reached by the early part of next week. Cities and towns are united in their opposition to three provisions in the legislatively-passed budget that directly affect our local budgets: • The transfer of $42 million in Vehicle License Tax (VLT) proceeds from municipal budgets to local school districts; • A complete moratorium for three years on the collection of development impact fees, along with other major changes in the impact fee statutes (see story below for more details); and • The change in property tax assessment ratios resulting in an immediate reduction of more than 50% for business and commercial property, leading to a transfer of that amount to local homeowners' property tax bills. Regular Council Meeting -July 21, 2009 -Page 136 of 145 June 19, 2009 Budget Developments: Lawsuit and More Discussion contd. The League has a legal opinion that says the VLT transfer is unconstitutional because it did not receive the two-thirds vote required by Proposition 108. The elimination of impact fees would be devastating to a number of cities and towns that have contractual and financial obligations -including bonded debt -that is secured by impact fees, as well as a fundamental change away from the principle of "growth paying for itself." Under this scenario, the cost of paying for new infrastructure would shift onto local taxpayers to subsidize new developments in their communities. This bailout of the homebuilding industry has nothing to do with balancing the state budget. The property tax assessment ratio shift falls the hardest on individual homeowners who will face higher property taxes while business property receive a large tax cut. Please contact your senators and representatives and tell them that these budget provisions are harmful to cities and towns and local taxpayers, and are simply shifting the burden for state responsibilities onto their constituents-local taxpayers. A growing number of cities and towns across the state are passing resolutions and sending letters in support of Governor Brewer's budget proposal, which does not contain any of these harmful provisions. IT'S NOT JUST A MORATORIUM! Many cities and towns, along with the League, have focused their protests against the impact fee provisions in the Republican legislative budget on the three-year impact fee moratorium (contained in Senate Bill 1035). However, the bill also contains many provisions designed to make implementing/collecting development fees much more difficult: - Limits the use of impact fees to only water, sewer, streets, public safety and limited park space. Therefore, no regional parks, libraries, solid waste, drainage or other government facilities can be built to serve new development unless they are subsidized by existing residents. - Prohibits using impact fees to furnish and equip the facilities necessary for new development. Cities can build the fire station, but must use general funds to buy the fire hoses and other necessary furnishing to get it operational. - Requires. that the fees be attributable and roportional to each development, essentially Regular ~ouncil Meeting -July 21, 2009 -Page 137 of 145 requiring many impact fee zones within the city. - Prohibits using impact fees to upgrade existing facilities, which means that rather than expanding an existing water treatment plant or widening a street, a new one would have to be constructed. - A city's Infrastructure Improvements Plan (IIP) must be adopted prior to the impact fee study but cannot be over a year old when the study is completed. Given the time needed to complete an impact fee study, it is very likely that the IIP will expire before the study is complete and the city will have to start the process over again. - Requires impact fees to be based on the approved land use in place when the IIP was approved. Most land has to be up-zoned when the development comes on board, though it would pay the fee based on the lower land use in place prior to the rezoning. - Fees cannot be based on build-out but rather on an arbitrary 10-year time frame, resulting in assertions that too much infrastructure is being provided, though it may be necessary later (too many lanes for streets, water and sewer pipes are too large, etc.). - Requires the study to itemize the revenues that will be used to pay for bonds, leading towards developers asking for a credit on their fees for the sales taxes paid if sales taxes are the pledged revenue stream. - Limits the use of development agreements. - No new building codes apply to approved developments for three years. - No new construction sales taxes (or even across the board sales tax increases if they include the construction category) without voter approval. Clearly, this bill is very problematic! When talking to your members, it is very important to share the impacts of these other provisions and why all of the provisions, not just the moratorium, cannot be enacted and especially should not be coupled with the budget. IMPACT FEE DEBATE- CITIES VS. HOMEBUILDERS! Avondale City Manager Charlie McClendon took on Spencer Kamps, lobbyist for the Homebuilders Association of Central Arizona (HBACA), this week on Horizon. Charlie did an excellent job of articulating why the HBACA's proposal is bad for Arizona residents. To see the debate, go to http J/www.azpbs.org/horizon/play.php?vidId=1042. June 19, 2009 ECONOMIC STIMULUS: WEBCAST ON LOW- CO5T FINANCING WITH CLEAN RENEWABLE ENERGY BONDS The U.S. Department of Energy (DOE) Technical Assistance Project (TAP) for state and local officials is offering a webcast on how to take advantage of low-cost financing using Clean Renewable Energy Bonds (CREBs). The presentation will take place Wednesday, June 24, from noon to 1:15 p.m. Arizona time, and is titled, "How to Use CREBs for Financing Renewable Energy Projects on Public Lands." The presenters will be Claire Kreycik from the DOE National Renewable Energy Laboratory and Aneta Rettig from Denver Water. Kreycik will discuss the ins and outs of using CREBs, and Rettig will discuss her department's experience with using CREBs to finance construction of two small hydroelectric systems near Denver. The webcast is free of charge, but you must register in advance to obtain a URL for the presentation and call- in phone number. You can register online, find more information about the presenters, and read background materials and reports on the TAP Webcast section of the DOE Weatherization and Intergovernmental Program Web site. BILL ROUND-UP Senate Bills 1175 & 1162, sponsored by Senator Russell Pearce (R-Mesa), contain provisions potentially very damaging to cities and towns. Both bills prohibit the state, counties and cities from having a policy that in any way prohibits its officers from enforcing federal immigration laws. Both bills also contain a private right of action for any person to bring a lawsuit against any city or town if that person perceives any city or town as having a policy that in anyway limits the enforcement of federal immigration laws. The League is particularly concerned about the private right of action and opposes both of these bills. S.B. 1175 passed out of the Senate and awaits action in the House. House Bill 2331, sponsored by Representative Tom Boone (R -Peoria) prohibits cities, towns and counties from enacting or adopting ordinances, resolutions, or immigration policies which intend to prohibit or effectively prohibit the lawful enforcement of United States immigration laws. League staff worked with the sponsor, law enforcement and others to get the language of this bill amenable, although the League never officially took a position. It passed the House by a vote of 38-21, with one not voting and is now as~~sign,ryed to the Senate's Public Safety and I7A~3Ii J'eiVICeJ~ti~T111IIZ[Ee' 2009 -Page 138 of 145 House Bill 2099 allows charter schools to bypass the city zoning process and locate their schools any where they want. For obvious public safety concerns the. League is opposed to this bill. The bill passed out of the House and awaits action in the Senate. House Bi11 2615 and Senate Bills 1142 and 1441 are three bills currently afloat that deal with government transparency. Although there are slight differences among these bills, essentially they all have the goal of requiring units of government to have searchable databases on their Web sites. The bills would require all financial transactions of that unit of government to be posted. This is an incredible unfunded mandate that is especially onerous during these difficult financial times. There is also the question of cost- benefit; does the public visit city Web sites to see utility bill payments, or do they search for employment? The League has been steadfastly opposed to all three measures. House Bill 2474, sponsored by Representative John Kavanagh (R-Fountain Hills) prohibits all employers, including cities and towns, from forbidding employees to store firearms in their cars while at work. Similar to SB 1175 and 1162 (above), HB 2474 contains a private right of action for disgruntled employees to sue their employers for allegedly violating the provisions of this act. The League has joined with the business community in opposing this bill. It will be heard on Friday in the Senate Judiciary Committee and possibly Tuesday in the Senate Commerce Committee. Senate Bill 1403, sponsored by Senator Barbara Leff (R-Paradise Valley), provides property tax and income tax incentives for starting or expanding renewable energy businesses in Arizona. Many in the business sector, cities and towns, the League and the economic development community support this bill. It passed out of the Senate and it awaits action in the House. Senate Bill 1018, sponsored by Senator Carolyn Allen (R-Scottsdale) requires the statutory elements of proof for medical malpractice cases related to certain emergency circumstances to be established by clear and convincing evidence. It broadens the instances in .which the existing clear and convincing evidence requirement for cases related to emergency labor and delivery applies. The League supports this measure pursuant to the League Resolution to advocate for better health care services in rural Arizona. SB 1018 passed out of the Senate Health Committee this week. June 19, 2009 Bill Roundup contd. Senate Bill 1323, sponsored by Senator Barbara Leff (R -Paradise Valley) is a League Resolution that passed the Senate Government Institutions Committee unanimously this week. The bill allows for voluntary agreements between governmental and private water and wastewater utilities to assist each other in times of emergencies. We thank Senator Leff for her sponsorship and the Chair of the committee, Senator Jay Tibshraeny (R -Chandler), for hearing the bill. It now moves onto the floor. Senate Bill 1048, sponsored by Senator Linda Gray (R- Glendale), increases the administrative portion of the Emergency Services Telecom Fund in order to keep qualified staff working on the state's 911 infrastructure network. This bill has passed the Senate and is waiting to be heard in the House Government Committee. House Bill 2048, sponsored by Representative Michelle Reagan (R- Scottsdale), is a League resolution that gives cities and towns the option to cap the number of signatures required to run for council. This bill is very important to the City of Scottsdale, whose high election turnout now results in a greater signature threshold to run for city council than for a Congressional seat. The bill now awaits the Senate floor. House Bi112259, sponsored by Representative Andy Biggs (R- Gilbert), makes several changes to the development impact fee statutes, the most significant of which is the provision that grandfathers individual developments from any new fees or increases in existing fees for two years after approval of the development. This bill is waiting to be heard on the House floor. The Weekly Spotlight - Representative Adam Driggs This week we focus on Representative Adam Driggs (R - Phoenix). Mr. Driggs is a Phoenix native and fourth- generation Arizonan. He attended schools in the Madison and Scottsdale School Districts and graduated from Arcadia High School. He later earned a bachelor's 8r CotNee~g1 Young University and then graduated from the Arizona State University College of Law in 1993. His father, John Driggs, served two terms as Phoenix Mayor in the early 1970s. Professionally, Representative Driggs' background is in law and business. He served as a prosecutor for the Maricopa County Attorney's Office from 1995 to 1997. As a private attorney, Driggs has successfully litigated several complex and high profile cases, both locally and internationally. His primary areas of expertise are federal immigration law, criminal law, and international sports law. He also started a successful small business in Phoenix in 1997, where he continues to serve as a director. In his free time, he enjoys climbing Camelback Mountain and spending time with his family and two dogs in the White Mountains. Driggs married the former Leonore Mortensen in 1998 and they have four children, Emily, J.R., Charlie and Walter. His legislative assignments include being Chair of the House Judiciary Committee and a member of the House Government Committee. What prompted you to run for the Legislature? There are two primary influences that prompted me to run for this open seat. The first is my father, John Driggs, who was mayor of Phoenix in the early 70s and has remained active in the community to this day. He has been a great example to me about how one person can make a positive contribution to their community. The second was my positive experiences working as a college intern in Washington, D.C. for former Arizona Sen. Dennis DeConcini and for the Center on Budget and Policy Priorities, which is anon-partisan think tank. That is when I realized I had a real interest in public policy. What's your proudest legislative achievement? I have had a number of bills signed into law, including very important public safety laws protecting victims of identity theft and also punishing those involved in human smuggling. I am also proud of a bill that I came up with while touring the U.S. Capitol building with my family in Washington, D.C. During the tour, we visited Statuary Hall, where each state has placed two statues of prominent individuals to represent their state. Arizona is currently represented by John Greenway and Father Kino. As we approach our state's 100th 4 June 19, 2009 birthday, I thought it would be appropriate to honor a person who had played a greater role in our state since statehood. I sponsored a joint resolution with bi-partisan support that will enable Arizona to place a statue of Senator Barry Goldwater in Statuary Hall as part of Arizona's Centennial Celebration in 2012. Arizona has a bright future, but as we move forward, I think it is important to pay tribute to those individuals who contributed so much to our great state. I can think of none more worthy of this honor than "Mr. Arizona" himself, Barry Goldwater. How can the state government and local governments be better partners? I appreciate the unique jurisdictional responsibilities that the state, counties, and cities and towns have for their respective citizens. Sometimes those boundaries get a little hazy, but usually those entities work cooperatively. A good example of this is our criminal justice system. State legislators pass criminal laws, local law enforcement enforces them, those arrested then appear in a county superior court and depending on the outcome, those individuals may get sentenced to a state prison. State and local governments are truly dependant on each other for providing the high quality of life Arizonans enjoy. As state government and local governments work together, one area of frustration to city officials often comes from the fact that local government leadership is largely non-partisan while state government is often quite partisan. They are two unique machines, but we both must find ways to work together for the good of all Arizona citizens. Keeping open lines of communication between the two is vital. Regular Council Meeting -July 21, 2009 -Page 140 of 145 What kinds of things do you do to relax -favorite music, books, etc. ? I have four young children, ages 1 to 9 years old, so there is not a lot of relaxing in the Driggs home. But I will say that I enjoy nothing more than to spend time with my family; it clearly rejuvenates my spirit and constantly serves as a reminder of what is really important in life. I love spending time in the White Mountains with them or an occasional trip to Disneyland. When I get a chance, I also like to read biographies of our nation's founders and other leaders. Thank you for your time. De nada. June 19, 2009 League Bulletin -Special Update July 1, 2009 Governor Brewer Vetoes Budget Reconciliation Bills and Harmful City Issues The Arizona Legislature adjourned sine die at around 7:30 this morning, July 1 after passing a new series of budget bills and many other last-minute bills, but not the sales tax referral that was the cornerstone of Governor Jan Brewer's budget plan. As a result, this morning the Governor signed SB1188, the general appropriations bill- albeit with several line item vetoes-and then vetoed six other budget bills that contained provisions that directly impacted cities and towns, and announced she is calling the Legislature back into special session on July 6th. Meanwhile, basic state government operations will continue functioning normally. In announcing her actions, the Governor said the legislative budget was "fatally flawed. She added, "in particular, this package of bills is shortsighted in that it sets up an enormous revenue shortfall that will severely harm our State's future." In calling the special session, the Governor's proclamation says there will be two topics discussed: addressing the 2009-2010 state budget issues, and imposition of a temporary state tax for education, health and human services and public safety expenditures. Harmful City Provisions Also Vetoed As a result of the Governor's vetoes, the three major issues that the League and cities and towns have been working on for the several weeks are no longer part of the budget bills. These items include changes to development impact fees, the diversion of $22 million of VLT revenues, and a change in the assessment ratio for commercial property. "Throughout this extraordinarily difficult budget process, Governor Brewer has proven to be a strong friend of local government," said Boyd W. Dunn, League President and Mayor of the City of Chandler. "She refused to shift the state budget problems onto cities and towns and stood up to the special interests that wanted to give bailouts to developers at the expense of local taxpayers." In an all night session, the House and Senate gave final passage to dozens of other policy bills, adding to the total of more than 200 that are awaiting action by the Governor. The proposed "flat rate" income tax change did not come up for a vote. At this time, it is not known which of the remaining policy bills the Governor will veto and therefore which will actually go into law. As soon as we have been able to analyze all the bills for additional details, we will let you know. Regular Council Meeting -July 21, 2009 -Page 141 of 145 IN THIS ISSUE Session Update ................................ l Veto Requests .................................. l Bills Signed By The Govemor........2 Other Bills Awaiting Governor's Action ...........................2 Bills Stopped In The Process .......... 3 GPLET ............................................. 3 Legislative Bulletin is published by the League of Arizona Cities and Towns. Forwazd your comments or suggestions to: League of Arizona Cities & Towns 1820 West Washington Street Phoenix, Arizona 85007 Phone: 602-258-5786 Fax: 602-253-3874 Email: league@azleague, org Internet: www.azleague.org Bulletin Issue 26- July 10, 2009 SESSION UPDATE Most people and organizations at the Capitol, including the Governor's office, are just now starting to make heads and tails of the Legislature's last minute flurry of activity last week. When it was all said and done, over 200 bills and a budget (with corresponding "trailer" bills) were shipped to the Governor on the morning of July 1St after anall-night session. Conspicuously absent from those bills was a referral to the voters for a temporary one-cent sales tax increase that was the Governor's priority for the .session to help address the revenue issues projected for fiscal years 2010 and 2011. After the marathon session, the Legislature immediately adjourned sine die. The session reprieve was short-lived, however. Governor Brewer vetoed the entire budget package except for the general appropriations bill and called them back into special session. Though she line-item vetoed several portions of the bill, its enactment prevented the feared state government shutdown that was predicted if a budget was not enacted by the new fiscal year. The third special session of this Legislature convened on Monday, swiftly passing fixes to the education and healthcare budgets. The four bills were sent through the entire legislative process in one day, surprising most Capitol onlookers with a bipartisan, veto-proof majority; Governor Brewer signed them into law. After this action, they adjourned until Monday, July 13~'. While it is still unclear how long the special session will last, it does appear that Republican and Democratic leaders are meeting jointly to discuss a solution to the estimated $2.1 billion cash deficit that remains for fiscal year 2010. Special sessions are unique from general sessions in that bills and discussion must remain limited to the subjects stated in the Governor's call to special session. In this case, the call is restricted to "the adjustments necessary to address the state budget for the entire fiscal year 2009- 2010" and the "imposition of a temporary tax for the purpose of raising state revenues for primary and secondary education, health and human services and public safety expenditures." While this should serve to limit the provisions that directly affect cities and towns, the League will monitor session activities and work to prevent detrimental budget and policy decisions. VETO REQUESTS Despite efforts to amend or even oppose bills that we thought intrude unnecessarily on local control, some bills still made it through the process and up to the Governor. For that reason, we submitted veto requests on the following bills: House Bill 2099 -charter schools; zoning -This bill allows charter schools to bypass the municipal zoning process. The League and many cities opposed because charter schools, unlike traditional public schools, may locate in existing commercial and residential areas, creating safety concerns. Regular Council Meeting -July 21, 2009 -Page 142 of 145 July 10, 2009 Veto Requests (contd.) Senate Bill 1022 -political signs, tampering - Despite our objections, this bill preempts existing political sign ordinances with a "one size fits all" approach to the entire state. Many cities feel that provisions in the bill relating to signs in the right of way will create safety hazards. The bill squeaked through the legislative process, even failing once in the Senate only to be reconsidered. Senate Bill 1123 - city elections; nonpartisan primaries; districts -Although the League did not oppose the bill as it went through the process, a late floor amendment makes an incorrect reference about the role of the courts and the Legislature in local elections in charter cities. The amendment appears to give the Legislature control over elections in charter cities, and is directly in conflict with the precedent established by the Arizona Supreme Court. We strongly disagree with this stated position because the Court has not sanctioned the Legislature's involvement in elections in charter cities and has, in fact, found those elections to be a matter of purely local, and not statewide, concern. BILLS SIGNED BY THE GOVERNOR While the Governor has until Monday to act on the 200 bills sent to her on the last day of session, she has signed a few so far that impact cities and towns. The general effective date for this session's enactments is September 30, 2009. House Bill 2048- local elections; signature requirements - This League resolution allows municipalities to reduce their mayor and council candidate signature requirements to 1,000 or 5 percent of the vote, not to exceed 10 percent. For some cities with high turnout, their signature requirement given the current calculation is greater than for Congressional candidates. Senate Bill 1323 - emergency mutual aid agreements -This League resolution allows for private and public water utilities to enter into mutual aid agreements in times of an emergency. Senate Bill 1303 -open meeting law; minutes; notice - A priority for the Arizona Ombudsman's office, this bill clarifies that municipal meeting notices, minutes, etc. that are required to be posted on the city's Web site must remain posted for one year. Regular Council Meeting -July 21, 2009 -Page 143 of 145 OTHER BILLS AWAITING GOVERNOR'S ACTION The League worked on many bills throughout the session; these are ones that we either supported or took a neutral position. House Bill 2258 -consumer fireworks -Known as the "sparkler bill," this measure allows the sale of certain low-grade fireworks in Arizona. An amendment to the bill solidified the cities' authority to regulate the usage of these fireworks-including banning them-within city or town limits. The League was neutral on this bill after the amendment was passed. Senate Bill 1048 -emergency telecommunication services; administrative costs - An important bill to the League and many cities, this increases the percentage of money from the Emergency Telecommunication Services Revolving Fund that may be used for administrative purposes. The League and many cities supported this measure as it enhances the viability of the 911 system. The bill awaits the Governor's signature. House Bill 2306 -authorized presence; licensees - The measure clarifies when an individual must provide documentation of citizenship or work authorization to obtain a business license. Essentially this bill eliminates the requirement of proving legal status over and over again for business license renewals. The League supported. Senate Bill 101.8 -burden of proof; emergency treatment -Another League resolution-especially for rural healthcare. This measure increases the statutory elements of proof for medical malpractice cases related to certain emergency circumstances to be established by clear and convincing evidence. The League strongly supported. Senate Bill 1168 - storage; firearms; motor vehicles - As it passed the Legislature, this bill prevents property owners, tenants, employers and businesses from prohibiting the storage or transport of lawfully possessed firearms in locked and privately- owned vehicles parked in a parking lot, parking garage, or other designated parking area. The League, many cities and the business sector were all opposed to this bill initially because it contained a private right of action for anyone to sue their employer, using firearms policy as the basis, even if that basis was not factual. That provision was amended ,out of the bill and the League moved to a neutral position. July 10, 2009 Other Bills Awaiting Governor's Action (contd.) Senate Bill 1320 - ADOT omnibus -This bill became an important vehicle at the end of session far many cities to use as a vehicle for some important transportation related items, such as school crossings, toll bridge authority and bus pull-outs on highways. The League supports the bill. Senate Bill 1403 -renewable high-wage industries incentives -This bill creates a new tax incentive program with refundable income tax credits and property tax incentives for expanding or locating new renewable energy operations in Arizona. Long seen as overdue for attracting key businesses to Arizona, the League and many cities support the bill. BILLS STOPPED IN THE PROCESS The League works with cities and other stakeholders during the legislative process to find win-win solutions to bills and issues that arise. However, often times an impasse results and we must act to prevent a bill from going any fiuther. Below are some of the bills and issues that we were successful in having stopped. Revenue Sharing Cuts The Legislature first attempted to raid shared revenues during a budget fix in the first special session in February. During a relatively quick session, legislative leaders wanted to repeal the $17 million hold-harmless and payback provisions enacted in 2006. The League and cities opposed and we were able to get the repeal out of the budget fix. As the state's fiscal condition became ever more dire over the course of the year, we knew revenue sharing would again become a target for legislators. Unfortunately our instinct proved correct when we became aware of Senate Bill 1036, a budget reconciliation bill (BRB) that stripped tens of millions of dollars from the cities' portion of the vehicle license tax (VLT), and ordered that money redistributed to local school districts. Although we give the Legislature credit for being clever, thinking they could get around the super-majority vote requirement for taking shared revenues by giving the money to the schools instead of the state general fund, our legal opinions said this end-around would not stand up in the courts. The bill was ultimately vetoed by Governor Brewer. Impact Fee Moratoriums/Limitations Not surprisingly given the collapse of the housing bubble and the glut of homes for sale in the market, t~~9~'1'bfi46'Bf~ft>g~r"~9 Jb~~a "gf'g~~P4~rizona (HBACA) had a number of proposals that worked to limit or eliminate municipal development fees. Senate Bill 1077, which contained a legislative finding that impact fees diminish property values, was held in the Senate. Senate Bi111035 contained athree- year moratorium on the fees, as well as detrimental policy changes to how impact fees are used and collected. House Bill 2645 contained atwo-year freeze on existing fees and prohibited any new fees, as well as the grandfathering and other provisions of House Bill 2259. SB1035 and HB2645 were vetoed by Governor Brewer and HB2259 was held up early in the process by HBACA, which did not want a `reasonable' compromise to undermine their push for a moratorium. Construction Sales Tax Moratoriums/Limitations HBACA also proposed a number of limitations on the imposition or increase in municipal constructions sales tax rates. Senate Bi111035 and House Bi112645 contained a moratorium on increases in construction sales tax, the former only allowed for voter approved increases and the later prohibited even the voters from increasing the rates. In addition, House Bill 2378 extended the effective date of construction sales tax increases from 60 days to 120 days. SB1035 and HB2645 were vetoed by the Governor and HB2378 was held in Senate Finance. Building Code Preemptions/Moratoriums Continuing the trend, HBACA's bills also contained attacks on cities' most basic public safety tool- building codes. Senate Bill 1035 and House Bill 2645 both contained moratoriums on building code changes for several years (three years and two years, respectively) for developments approved by June 1, 2009. Both of these bills were vetoed. They also ran House Bill 2267, which prohibited cities and towns from adopting building codes that require fire sprinklers in any residential home. This bill, strongly opposed by the League and the fire community, was held on the House floor. GPLET Two bills, Senate Bill 1399 & Senate Bill 1295 competed with each other in the legislative process this year to reform the much-maligned government property lease excise tax (GPLET). The League opposed SB 1399 because it reformed GPLET to the point of eviscerating it as a meaningful redevelopment tool for cities. We supported SB 1295 because it brought forth good reforms without going too far. Ultimately both bills didn't make it because stakeholders could not agree on how far the reforms should go. July 10, 2009 GPLET (contd.) State Trust Land Reform A push for a ballot referral on state trust land reform appeared very late in the session, with its initial hearing taking place only a week before the end of session. Senate Concurrent Resolution 1030 and Senate Bill 1077 were the proposed ballot measure and companion bill for the annual battle between homebuilders, environmental groups and the education community over trust land reform. Initially opposed due to the impact fee language (discussed above under impact fees), the League will continue to work with the other stakeholders on a beneficial trust land reform package that is expected to be sent to the 2010 November ballot. Immigration Enforcement A trio of bills that had strike-everything and late amendments put on them in the final weeks of session presented a major problem for cities and towns. Senate Bills 1168, 1175 and House Bill 2280 all contained provisions mandating that city and town officials and police departments change their protocols on how they treat potentially undocumented aliens. But the real threat was the private right of action established so any person could sue a city or town if they felt that city or town was not upholding the new law stringently enough. Two of the bills did not make it through the process and HB 2280 was defeated in the House during the last hours of the session. "Transparency" Bills House Bill 2615, Senate Bill 1142 and Senate Bill 1441 were all bills related to having governments post all of their financial transactions on their Web sites in a searchable database format. All three would have created an unfunded mandate on cities and towns with little actual benefit to the public. The League opposed all of them and none made it to the Governor's office. Regular Council Meeting -July 21, 2009 -Page 145 of 145 July 10, 2009 PROCLAMATION DROWNING IMPACT AWARENESS MONTH WHEREAS Drowning Impact Awareness Month will raise awareness that the number and impact of children drowning in Arizona affects everyone; and WHEREAS the drowning incidents in Arizona take the lives of the equivalent of a classroom of children each year; and WHEREAS a child drowning can happen to any family regardless of education, race or socio-economic background; and WHEREAS families can take simple steps to protect their children around water to avoid the tragedy of the unnecessary loss of life; and WHEREAS keeping children healthy and safe is a priority for the Drowning Prevention Coalition of Arizona, Safe Kids Tucson and the Town of Marana; and WHEREAS raising awareness through education will increase knowledge of the effective measures to take to prevent drowning. NOW, THEREFORE, the Mayor and Council of the Town of Marana proclaim August 1 through August 31, 2009 DROWNING IMPACT AWARENESS MONTH IN THE TOWN OF MARANA and urge all citizens to familiarize themselves with water safety practices. Dated this 21St day of July, 2009. ~~~ ATTEST: Ed Honea, Mayor Jocely C. Bronson, Town Clerk