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Home My WebLink About12/15/2009 Council Agenda PacketREGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, December 15, 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 BETAKEN 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 Martina Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 p.m. at the Martina 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 Martina and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such Regular Council Meeting -December 15, 2009 -Page 1 of 158 special services are available upon prior request to the Town Clerk at least l0 working days prior to the Council meeting. Agendas Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at wwwmarana.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, December 14, 2009, 7:00 PM, at the Marana Municipal Complex, the Marana Operations Center and at www.marana.conl 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 1: Presentation.: Relating to Code Compliance; discussion and direction regarding proposed amendments to Title 1 of the Marana Town Code establishing the position of code compliance officer; defining the position of code compliance officer; establishing the authority of code compliance officers; and adding Chapter 1- 9entitled "Code Compliance" (Jane Fairall) P 2: Presentation: Relating to Personnel; discussion and consideration of proposed amendments to the Town's Personnel Policies and Procedures; revising Chapter 4 - Employment Benefits (Suzanne Machain) P 3: Presentation: Relating to Municipal Court; discussion and direction regarding proposed amendments to Town Code Chapter 5-7 entitled "Civil Town Code Violations"; modifying procedures for commencement of action for civil violations of the Town Code; modifying procedures for service of civil code complaints; modifying provisions regarding civil sanctions for civil code violations; and making certain other clarifications regarding the types of judges who may hear appeals and Regular Council Meeting -December 15, 2009 -Page 2 of 158 order abatement in civil code violation cases (Jane Fairall) ANNOUNCEMENTS/UPDATES PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS STAFF REPORTS GENERAL ORDER OF BUSINESS CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion will approve all items on the Consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from the Consent agenda, and that issue will be discussed and voted upon separately, immediately following the Consent agenda. C 1: Ordinance No. 2009.25: Relating to Business Regulations; making further amendments to 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 (Frank Cassidy) C 2: Resolution No. 2009-198: Relating to Development; approving a final plat for The Gallery Parcel 5 comprised of 49.7 acres in Dove Mountain (Lisa Shafer) C 3: Resolution No. 2009-199: Relating to Development; approving a final plat for The Heritage Park Shoppes (Lisa Shafer ) C 4: Resolution No. 2009-200: Relating to Development; approving a release of assurances for Willow Ridge Commons Block A and acceptance of public improvements for maintenance (Keith Brann) C 5: Resolution No. 2009-201: Relating to Municipal Court; approving and authorizing the Mayor to execute an intergovernmental agreement with Pima County for video-court hearings of Marana Municipal Court prisoners being held at the Pima County Adult Detention Center; and declaring an emergency (Cedric Hay) C 6: Resolution No. 2009-202: Relating to the Police Department; authorizing the execution of a grant agreement with the Arizona Criminal Justice Commission for funding Marana's participation on the 2009-2010 Southern Arizona DUI Task Force (T VanHook) C 7: ,Resolution No. 2009-203: Relating to Real Estate; reclassifying and designating a portion of Marana Heritage Park as "Heritage Park Drive Extension" public right-of-way (Keith Brann) C 8: Minutes of the December 1, 2009 regular council meeting COUNCIL ACTION Regular Council Meeting -December 15, 2009 -Page 3 of 158 A l : PUBLIC HEARING: Ordinance No. 2009.26: Relating to Development; approving a rezoning for Northwest Commerce Park of approximately 53.5 acres of land located south of Ina Road and west of Thornydale Road on both sides of Regency Plaza Street (Lisa Shafer) A 2: Ordinance No. 2009.27: Relating to Development; approving a modification to the rezoning conditions of Ordinance No. 2006.05 (Lisa Shafer) A 3: Ordinance No. 2009.28: Relating to Development; approving a modification to the rezoning conditions of Ordinance No. 2006.06 (Lisa Shafer) A 4: Relating to Public Works; approving the acquisition of right-of-way for three roadway crossings over the Cortaro-Marana Irrigation District canal adjacent to the Interstate 10 Frontage Road for the Tangerine Farms Road Improvement District Project, No. 2004-36, and authorizing the Town Engineer to execute all documents and take all actions reasonably prudent to accomplish the acquisition (Frank Cassidy) A 5: Resolution No. 2009-204: Presentation: Relating to Strategic Planning; approving and authorizing the Town Manager to implement the Town of Marana Strategic Plan Addendum; and declaring an emergency (Gilbert Davidson/Deb Thalasitis) BOARDS, COMMISSIONS AND COMMITTEES B 1: Relating to Boards, Committees and Commissions; recommendation for membership and appointment to Citizen Advisory Commssions (Jocelyn Bronson) ITEMS FOR DISCUSSION/POSSIBLERCTION D ] : 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 (?), 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 E 4: Executive session pursuant to A.R.S. § 38-431.03(A)(3), (4) and (7) to discuss, Regular Council Meeting -December 15, 2009 -Page 4 of 158 receive legal advice, and direct counsel and staff concerning the Central Arizona Water Conservation District's proposed sale of the Avra Valley Recharge facility E 5: Executive session pursuant to A.R.S. § 38-431.03(A)(4), to consider the Town's position and instruct its attorneys in settlement discussions with Stantec in order to avoid litigation concerning costs incurred by the Town in connection with an incorrectly located water line at 10210 North. Silverbell Road. 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 -December 15, 2009 -Page 5 of 158 rah ~~~~/~! r ~11.~~/ ~ ~,. ipfR O! RlIM11ML 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, December 15, 2009, 7:00:00 PM To: Mayor and Council Item P 1 From: Jane Fairall ,Deputy Town Attorney Strategic Plan Focus Area: Progress and Innovation Subject: Presentation: Relating to Code Compliance; discussion and direction regarding proposed amendments to Title 1 of the Marana Town Code. establishing the position of code compliance officer; defining the position of code compliance officer; establishing the authority of code compliance officers; and adding Chapter 1-9 entitled "Code Compliance" Discussion: The Town Council is authorized by A.R.S. § 9-240 (B) (28) to establish town ordinances, to enforce the observance of town ordinances, to punish violations of town ordinances and to classify town ordinances as criminal or civil offenses. As part of this authority, the Council established Chapter 5-7 of the Town Code, entitled "Civil Town Code Violations." Proposed revisions to that chapter are on tonight's agenda as a separate item. In addition., various employees of the town are charged with enforcing provisions of the town code, the land development code and other town codes and ordinances, including zoning code compliance officers, right-of--way inspectors and building inspectors. The proposed ordinance will add a new chapter to Title 1 of the Town Code, formally establishing the title of code compliance officer in the town. The ordinance defines code compliance officers as those employees designated to administer and enforce any provisions of the town code, land development code or any other town ordinance, regardless of the employee's position title. The ordinance would apply to those town employees who are already designated to administer and enforce provisions of the code and is simply a formal codification of their position and authority. No new positions would be created nor any new employees hired at this time. The proposed ordinance also formally establishes the authority of the code compliance officers, specifically including the authority to issue uniform civil code complaints (citations) as described in Chapter 5-7 of the code. The ordinance further specifies that code compliance officer may not issue citations for violations that are classified as criminal offenses. The proposed addition to the Town Code is brought to the Council tonight for feedback and direction. Financial Impact: Regular Council Meeting -December 15, 2009 -Page 6 of 158 None ATTACHMENTS: Name.: Description: Type: O Addition to Title 1, Chapter S_-9_Enforcement_ proposed addition of Chapter 1-9 Ordinance (00018249-2).DOG.. Staff Recommendation: Staff recommends approval of the proposed addition of Chapter 1-9 to the Town Code. Suggested Motion: I move that we direct staff to bring back to the Council for adoption the proposed amendments to Town Code Title 1, adding Chapter 1-9. Regular Council Meeting -December 15, 2009 -Page 7 of 158 MARANA ORDINANCE N0.2009.xg RELATING TO CODE COMPLIANCE; AMENDING TITLE 1 OF THE MARANA TOWN CODE TO ESTABLISH THE POSITION OF CODE COMPLIANCE OFFICER; DEFINING THE POSITION OF CODE COMPLIANCE OFFICER; ESTABLISHING THE AUTHORITY OF CODE COMPLIANCE OFFICERS; ADDING CHAPTER 1-9 ENTITLED "CODE COMPLIANCE"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS the Town Council is authorized by A.R.S.. § 9-240 (B) (28) to establish town ordinances, to enforce the observance of town ordinances; to punish violations of town ordi- nances and to classify town ordinances as criminal or civil offenses; and WHEREAS the Town Council finds that the provisions 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. Title 1 of the Marana Town Code is hereby revised by adding new Chap- ter 1-9, as follows: Chapter 1-9 CODE COMPLIANCE Section 1-9-1 Code compliance officers The position of code compliance offices is hereby created and established. Section 1-9-2 Definition "Code compliance officer" means any employee designated and authorized by the town manager to administer and enforce any provision of the town code, the land development code or any other town ordinance, or any duly authorized agent or designee of that employee, regardless of the employee's position title. Section 1-9-3 Authority of code compliance officers Code compliance officers are granted the authority expressly and impliedly nec- essary for the administration and enforcement of those areas of the town code, the land development code or any other town ordinance that the code compli- ance officer is responsible for. This authority includes, but is not limited to, au- thorization to issue uniform civil code complaints, as described in chapter 5-7 of this code, for any violations of the town code, the land development code or any town ordinance that are classified as civil offenses. Code compliance officers may not issue citations for violations that are classified as criminal offenses. Regul~6~j~~tir~~~- December 15, 2009 -Page 8 of 158 _ 1 - JF 11/24/09 SECTION 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed as of the effective date of this ordinance. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this ordi- nance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. tion. SECTION 4. This ordinance shall become effective on the thirty-first day after its adop- PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this _tl' day of , 20_. Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney ATTEST: Jocelyn C. Bronson, Town Clerk {00(~~~j~l Meeting -December 15, 2009 -Page 9 of 158 _ 2 - JF 11/24/09 •f . ~~~ it I} ~~~~~ ~.~ ~ ~; tI1~M 9! 41YY1 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, December 15, 2009, 7:00:00 PM To: Mayor and Council Item P 2 From: Suzanne Machain ,Human Resources Director Strategic Plan Focus Area: Not Applicable Subject: Presentation: Relating to Personnel; discussion and consideration of proposed amendments to the Town's Personnel Policies and Procedures; revising Chapter 4 - EmploymentBenefits Discussion: Discussion: This item proposes changes to the Town's Personnel Policies and Procedures, specifically Chapter 4 -Employment Benefits (Section 4-7; 4-9 and 4-10). On October 28, 2009, President Obama signed FMLA expansion for military families. This provision was included in the National Defense Authorization Act of 2010 and allows active duty military personnel and their families access to "qualifying exigency leave." In summary, the law: 1. Expands qualifying exigency leave to employees with family members on call to duty for the regular Armed Forces. Previous law provided this. type of leave for Guard and Reserves only. 2. Expands the military caregiver leave to allow employees to take leave up to 26 weeks to care for a veteran who served within 5 years of the medical treatment. Previous law covered only current military members and not veterans. 3. Grants military caregiver leave for serious injury or illness that was preexisting but was aggravated by active duty. Additionally, staff is recommending that sections providing for leave entitlement and or eligibility (specifically sections 4-7-4 E; 4-9-4 B; and 4-10-2 D) be amended to include language clarifying how time is measured for the purpose of tracking leave time that an employee is away from the job. The current policies do not permit employees time away from their position for a period of time equivalent to l2 months in a 24-month period. The proposed amendments provide that this 12- month time period will be measured on an hourly basis equivalent to 2080 hours for a full-time employee. ATTACHMENTS: Regular Council Meeting -December 15, 2009 -Page 10 of 158 Name: Description: Type: ~ Draft_reviso...ns_to Polcy_4- 7 FMLA re. NDAA of 2010 4-9 4-10 re. measure of hours Personnel Policy Chapter 4 Revisions Backup Material (000181.71). D0.. C. Staff Recommendation: Staff recommends that the proposed changes be brought forward for consideration and adoption by the Mayor and council at the January 5, 2010 council meeting. Suggested Motion: I move to direct staff to bring the proposed Personnel Policy changes to Chapter 4 -Employment Benefits as discussed for final consideration and adoption at the January 5, 2010 council meeting. Regular Council Meeting -December 15, 2009 -Page 11 of 158 MARANA ~`,~'`'/ I ~. TOWN OF MARANA CHAPTER 4 EMPLOYMENT BENEFITS Policy 4-7 FAMILY AND MEDICAL LEAVE In accordance with the Family and Medical Leave Act (FMLA) of 1993 and the National Defense Authorization Acts (NDAA) of 2008_and 2010, the Town of Marana provides job-protected family and medical leaves of absence without pay to eligible employees who are temporarily unable to work due to an FMLA-qualifying reason. Section 4-7-1 Qualifying Reasons for FMLA Leave Eligible employees may qualify for FMLA leave for one or more of the following reasons. A. A serious health condition that renders the employee unable to perform the functions of the employee's job. B. The birth and care of a newborn child of the employee. C. The placement with the employee of a child for adoption or foster care. D. To care for the employee's spouse, child or parent with a serious health condition. E. To care for a covered servicemember of the Armed Forces with a serious injury or illness. F. Any qualifying exigency related to the-active duty or call to active duty of a covered military member. ` Section 4-7-2 Definitions A. Covered military member. The employee's spouse, son, daughter or parent on active duty 'status or call to active duty status ~^ °~ ~^^^~* ^f ^ n°n+i,,,.°.,,.., °n°rn*~°n n~ ~rc~ ~^r+* +° *°~'*°'~°rcac~-ai-~'c~vv as either a member of the regular component of the Armed Forces or a member of the Reserve components of the Armed Forces or a retired member of the regular Armed Forces or Reserve. e~cigensie~ B. Covered servicemember. The emplovee's spouse. son. daughter. parent or next of kin. efined by federal regulations. who is either of the following: 1. ' r°^~ ~'^*~^^° ~•~"^ ~° ° A current member of the Armed Forces, including a member of __ the National Guard or Reserves, er-~-eaee~er~e-Area-€-0,=ses, t#e- *~^^^' Ti_inrrl °r D°o°r~ie~c~ uihn ie °n *h° *°mr~°r.+r,i rlic+.+hilifii r°*ir°e-1 lie.*~ who has a serious Regul~~~t~r~'1~ I~~ti~g -December 15, 2009 -Page 12 of 158 1 ~"~^~~ MARAI~A w 1`I~, TOWN OF MARANA CHAPTER 4 EMPLOYMENT BENEFITS injury or illness insdrred~,~I+t~° ^f a..+., ^ ^^+;,,° ,~„+., f^r ,.,h.^h h° ^. $q {Jndergeing medical-great-r~era+~re6'uP r.++incr~''r ^^" ^~`~ +h.++ m~+„ r~Qe1-~~ ° ~ ., ~ servi5emenabe~~ ^u„ u;nf-t~e~f^ w, +h° ,~„+,°s~"rs-orne~- ^ff,^ ^,~° r^.,L e~-rating or who is otherwise in outpatient status or ~ otherwise on the temporary disability retired list. ~~^'M~'•• ^^°^,"°~ •••"^ ;~ ^ f^.-^,°~ ... w,h°. „f +h° n,-..,°a ~^r^°~ 2 A veteran who is undergoing medical treatment. recuperation or therapy for a serious rv or illness and who was a member of the Armed Forces. including the Nations uard or Reserves. at any time during the period of five years preceding the date on whi he veteran undergoes that medical treatment. recuperation or therapy. C. Health care provider. Health care providers vuho may provide certification of a serious health condition include: Doctors of medicine or osteopathy authorized to practice medicine or surgery (as appropriate) by the state in which the doctor practices 2. Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist) authorized to practice in the state and performing within the scope of their practice under state law 3. Nurse practitioners, nurse-midwives, and clinical social workers authorized to practice under state lavr,and performing within the scope of their practice as defined under state law 4. Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts 5. Any health care provider recognized by the Town or the Town's group health plan's benefits manager 6. A health care provider listed above who practices in a country other than the United States and who is authorized to practice under the laws of that country D. Serious health condition. An illness, injury, impairment, or physical or mental condition that involves any of the following: 1. Any period of incapacity or treatment connected with inpatient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility Regul~~~~~ii ~~ti~g -December 15, 2009 -Page 13 of 158 2 ~~:,\ MARANA "/1~. TOWN Of NIARANA CHAPTER 4 EMPLOYMENT BENEFITS 2. A period of incapacity requiring absence of more than three calendar days from work, school, or other regular daily activities that also involves continuing treatment by (or under the supervision of) a health care provider 3. Any period of incapacity due to pregnancy, or for prenatal care 4. Any period of incapacity (or treatment therefore) due to a chronic serious health condition (e.g., asthma, diabetes, epilepsy, etc.) 5. A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective (e.g., Alzheimer's, stroke, terminal diseases, etc.) 6. Any absences to receive multiple treatments (including any period of recovery therefrom) by, or on referral by, a health care provider for a condition that likely would result. in incapacity of more than three consecutive days if Jeff untreated (e.g., chemotherapy, physical therapy, dialysis, etc.) E. Serious injury or illness. 1. An iniurv or illne ss incurred by a member of the Arme d .Forces. includi na a member of the National Guard or Reserves, in the.. line of duty on'active duty in the Armed Forces or an iniu rv or illness that existed before the bea innina of the me mber's active 2. A aualifvina iniurv or illness. as defined by the Secretary of Labor. incurred by a veteran in the line of duty on active duty in the Armed Forces or an iniurv or illness hat existed before. the beainnina of the member's active duty and was aaaravated by Section 4-7-3 Eligibility A. An "eligible employee" under the FMLA is an employee who has: 1. Worked for the Town for at least 12 months; and 2. Worked at least 1,250 hours during the 12-month period immediately preceding the commencement of the FMLA leave. Regul~6~~r~'i I~~tir~~q -December 15, 2009 -Page 14 of 158 f-~~"~~ MARAI~A :"""'/ `\ SOWN OF MARANA CHAPTER 4 EMPLOYMENT BENEFITS B. The 12 months an employee must have been employed 'by the Town need not be consecutive months. If an employee is maintained on the payroll for any part of a week, including any periods of paid or unpaid leave (sick, vacation) during which other benefits or compensation are provided by the Town (e.g., workers' compensation, group health plan benefits, etc.), the week counts as a week of employment. For purposes of determining whether intermittent/occasional/casual employment qualifies as "at least 12 months," 52 weeks is deemed to be equal to 12 months. ~'' C. Whether an employee has worked the minimum 1,250 hours is determined according to the principles established under the Fair Labor Standards Act (ELBA) for determining compensable hours of work. Section 4-7-4 Leave Entitlement A. Eligible employees, other than employees qualifying 'for leave to care for "a covered servicemember with a serious injury or illness, shall be granted up to a total of 12 weeks of unpaid FMLA leave within any 12-month period. B. Eligible employees qualifying for leave to care for a covered servicemember with a serious injury or illness shall be granted up to a total of 26 weeks of leave during a single 12-month period. C. Married employee couples may be restricted to a combined total of 12 weeks unpaid FMLA leave within any 12-month period for childbirth, adoption or placement of a foster child, or to care for a parent with a serious health condition. D. Married employee couples may be restricted to a combined total of 26 weeks unpaid FMLA leave within"a single 12-month period to care for a covered servicemember with a serious injury or illness. E. If the FMLA leave period is insufficient and the employee is unable to fully pertorm the r essential functions of his or her position at the conclusion of the FMLA leave period, the employee may request administrative weave pursuant to Policy 4-9. The Town may require updated medical certifications to support the need for the additional leave. However, in no case.shall the employee be unable to perform the full essential functions of their regular position for greater than 12 months in a 24-month period. For Durooses of tracking leave timg,'' 12 months will be measured based on 2080 hours for full-time molovees and Dro-rated for Dart-time emDlovees. If the employee is unable to return after this time,. the Town may initiate separation of employment. Regul~~~~c~ij f~~tir~}q -December 15, 2009 -Page 15 of 158 4 ~~~`~ MARANA `'/1\ TOWN OF MARANA CHAPTER 4 EMPLOYMENT BENEFITS Section 4-7-5 Qualifying Exigency Leave under the NDAA An eligible employee who has a spouse, son, daughter or parent who is a covered military member may take up to 12 weeks unpaid FMLA leave for one or more of the following qualifying exigencies as defined by federal regulations. A. Short-notice deployment B. Military events and related activities C. Childcare and school activities D. Financial and legal arrangements E. Counseling F. Rest and recuperation G. Post-deployment activities H. Additional activities or events arising,,, out of the covered military member's active duty or call to active duty status provided that. the Town and the eligible employee agree that the leave qualifies as an exigency and agree to both the timing and duration of the leave. Section 4-7-6 How FMLA Leave is Measured A. Except for leave to care for a covered servicemember with a serious injury or illness, the Town uses a rolling 12-month period to °'calculate FMLA eligibility. Each time an employee uses FMLA leave, the remaining leave entitlement is the balance of the 12 weeks that has not been used during the immediately preceding 12 months. B. For leave to care for a covered servicemember with a serious injury or illness, the "single 12-month period" begins on the first day the eligible employee takes FMLA leave to care for the covered servicernember and ends 12 months after that date. Section 4-7-7 Use of Accumulated Leave Employees shall be required to use any accumulated paid .leave time (sick, vacation, personal and compensatory) concurrently with approved FMLA leave. If paid leave is exhausted or if an employee does not have any accumulated paid leave balances, the employee shall be placed on unpaid FMLA. Section 4-7-8 Request for Leave Regul~6~~c~ ~g~tiy~ -December 15, 2009 -Page 16 of 158 5 ~~~~ MARANA :` v'f'1~ SEWN Of MARANA CHAPTER 4 EMPLOYMENT BENEFLTS A. Eligible employees shall submit a written request for leave to the Human Resources Department at least 30 days in advance of foreseeable FMLA-qualifying events. B. Eligible employees shall submit a written request for leave to the Human Resources Department as soon as practicable for unforeseeable events or within no more than two working days after learning of the unforeseen need for FMLA-qualifying leave. An employee requesting unforeseen FMLA leave has the obligation to comply with the Town's regular attendance and reporting requirements. Section 4-7-9 Medical Certification Employees requesting FMLA leave for their own serious health condition or for the serious health condition of a child, spouse or parent or for the serious injury or illness of a covered servicemember shall be required to submit a medical certification form from a health care provider verifying the serious health conditiorn, injury or illness and the need to provide .care in the case of a serious health condition, injury or illness of an eligible family member. The medical certification shall include the expected beginning and ending dates of the leave. The Town shall allow the employee at least 15 calendar days to obtain the medical certification. Section 4-7-10 Certification for Qualifying Exigency Leave under the NDAA Employees requesting FMLA leave due to a qualifying exigency arising out of the active duty or call to active duty status of a covered military member shall provide certification describing appropriate facts regarding the qualifying exigency for which the leave is requested. The certification shall include information on the type of qualifying exigency for which leave is requested and any available written documentation that supports the request for leave. The certification shall also include the expected beginning and ending dates of the leave. The first time an employee requests leave for a qualifying .exigency, the employee shall also be required to provide a copy of the covered military member's active duty order or other documentation issued by the military which indicates that the covered military member is on active duty or call to active duty status in support of a contingency operation, and the dates of the covered military member's active duty service. Section 4-7-11 Designation of Leave as FMLA Leave In all circumstances, it is the Town's responsibility to designate leave, paid or unpaid, as FMLA-qualifying, and to give notice of the designation to the employee. If the employee's leave request gives the Town sufficient reason to consider the leave as FMLA-qualifying, the Town shall designate the leave as FMLA and inform the employee of the designation within five business days after receiving the employee's request for leave. Section 4-7-12 Intermittent Leave Regul~6~~r~'i ~~ti~ • December 15, 2009 -Page 17 of 158 6 ~~ MARANA .~"/I\ TOWN OF MARANA CHAPTER 4 EMPLOYMENT BENEFITS Under some circumstances, employees may take FMLA leave intermittently, by taking leave in blocks of time or by reducing their normal weekly or daily work schedule. A. Employees requesting intermittent FMLA leave for a serious health condition or to care for a family member with a serious health condition or to care fora covered servicemember with a serious injury or illness shall provide a medical certification from a health care provider to the Human Resources Department documenting the medical necessity for. such leave. B. Employees requesting intermittent FMLA leave for a qualifying exigency arising out of the active duty or call to active duty status of a covered military member shall provide an estimate of the frequency and duration of the qualifying exigency and an explanation regarding the necessity for such leave. C. An employee is not guaranteed Intermittent FMLAleave for childbirth, adoption or placement of a foster child. Such leave may be taken only-upon approval,wby the Town. D. The employee must attempt to schedule intermittent leave in a manner that does not unduly disrupt the Town's operations. E. The Town may temporarily transfer an employee on intermittent leave to a different position with equivalent pay and benefits if another position would better accommodate the employee's intermittent leave schedule. Section 4-7-13 Continuation of Health Insurance Coverage During FMLA A. Subject to the terms, conditions and limitations of the applicable group health insurance plans, the Town of Marano shall maintain group health insurance coverage, including family coverage, for an employee on FMLA leave on the same terms as if the employee continued to work. B. An employee who `is on paid FMLA leave via the use of accrued leave balances, shall continue to pay his,or her share of the insurance premium, if any, through payroll deductions. C. An employee who is on unpaid FMLA leave shall make arrangements with the Human Resources and Finance Departments to make payments for his or her share of the insurance premium, if any. If payment is more than 30 days overdue, coverage will be dropped, after 15 days written notice is provided to the employee. In this situation, COBRA will be offered. D. The Town's obligation to maintain health benefits under this section stops if and when the employee informs the Town of an intent not to return to work at the end of the leave period or if the employee fails to return to work when the FMLA leave entitlement is Regul~~~~~i~ ~~ti~ -December 15, 2009 -Page 18 of 158 ~~"~ MARANA ti ~'1 I ~. TOWN OF MARANA CHAPTER 4 EMPLOYMENT BENEFITS exhausted. In some circumstances, the Town may recover premiums it paid to maintain health insurance coverage for an employee who fails to return to work from FMLA leave. Section 4-7-14 Supplemental Benefits The Town will not maintain other supplemental benefits while an employee is on FMLA leave. To maintain supplemental benefits, the employee must make payment arrangements with the Human Resources and Finance Departments. Section 4-7-15 Suspension of Accumulation of Other Town-Provided Benefits Benefit accumulation, such as vacation, sick leave or holiday benefits, will be suspended during any unpaid leave portion of the FMLA leave period and will resume upon return to active employment. Use of FMLA leave is note.:. considered a break in service when determining eligibility for vesting or for participation in'a benefit. Section 4-7-16 Return to Work A. An employee on FMLA leave shall provide the Human Resources Department with at least two days' advance notice of the date the employee intends to return to work. B. An employee on FMLA leave for the employee's own serious health condition shall provide a written release from a health care provider indicating that the employee may resume the fljll essential functions of his or her position prior to or immediately upon returning to work. C. Upon return from FMLA leave, the employee shall be restored to the employee's original position, or to an equivalent position with equivalent pay, benefits and other terms and conditions of employment. D. Under limited circumstances where restoration to employment will cause substantial and grievous economic injury to the Town's operations, the Town may refuse to reinstate certain highly-paid, salaried "key" employees. In order to do so, the Town must notify the employee in writing of his or her status as a "key" employee and the reasons for denying job restoration. The Town must also provide the employee a reasonable opportunity to return to work after the notice is given and make a final determination as to whether reinstatement will be denied at the end of the leave period if the employee then requests restoration. For purposes of this paragraph, a "key" employee is a salaried eligible employee who is among the highest, paid ten percent of employees for the Town. Section 4-7-17 Termination of Employment Regul~~~t~rl~ii I~~ti~g -December 15, 2009 -Page 19 of 158 ~'~~-~---,`'`t MARAI~A T6WN QF NIRRANR CHAPTER 4 EMPLOYMENT BENEFITS A. If an employee voluntarily resigns his or her position before returning from FMLA, health insurance benefits are subject to COBRA law. B. If an employee fails to report to work at the conclusion of the FMLA period, and has not informed the Town in writing of a request to use other forms of leave, the employee is considered to have resigned. Regul~~~~c~( I~~ti~q -December 15, 2009 -Page 20 of 158 9 ~'~~"~. ~aRawA .~'/ I TOWN QF MARANA CHAPTER 4 EMPLOYMENT BENEFITS Policy 4-9 ADMINISTRATIVE LEAVE The Town of Marana may provide administrative leave with or without pay to eligible employees as described in this policy. Section 4-9-1 Eligibility A. Regular full- and part-time employees, including those'"serving in an initial evaluation period, and term-limited temporary employees may request' administrative leave as described in this policy. B. Employees shall not use administrative leave to work for another employer (other than the United States armed forces) or to pursue self-employment. C. Employees shall exhaust all accrued leave balances, including vacation, personal and compensatory leave and, if applicable, sick leave, before becoming eligible for administrative leave. Section 4-9-2 Request for Administrative Leave Employees shall submit written requests for administrative leave to their Department Head. The Department Head shall review the request, make a recommendation of approval or denial and forward the request to the Human Resources Director. The Human Resources Director shall review the request, make a recommendation of approval or denial and forward the request to the Town Manager or designee: ' The decision of the Town Manager or designee shall be final. Requests will be reviewed based on a number of factors, including Town operational needs and staffing rer~uirements. The denial of a request for administrative leave is not subject to appeal under the personnel action review procedures set forth in Chapter 5 ofthese Personnel Policies and Procedures Section 4-9-3 Administrative Leave with Pay The Town Manager may approve an administrative leave with pay for an eligible employee for a fixed period of time when such administrative leave is considered by the Town Manager to be in the best interests of the Town. Section 4-9-4 Administrative Leave without Pay A. Any regular full-time employee who has completed one year of employment with the Town may request an administrative leave without pay for non-medical purposes for a period not to exceed 90 calendar days. In reviewing the leave request, the Town Manager or designee shall consider the impact to Town operations, any potential benefit Regul~6~~c~ii f~~ti~ -December 15, 2009 -Page 21 of 158 10 MARANA .` ~^'1' 1 TOWN OF AAARANA CHAPTER 4 EMPLOYMENT BENEFITS to the Town and the recommendation of the Department Head and the Human Resources Director. B. Any regular full- or part-time employee who is either not eligible for FMLA leave or has exhausted the FMLA leave period may request an administrative leave without pay for medical purposes. Requests for administrative leave without pay for medical purposes must be accompanied by a medical certification from a licensed health care provider documenting the medical necessity for and expected duration of the leave. The Town Manager may grant administrative leave without pay for medical purposes in increments of up to three months, provided that the total time the employee is unable to perform the essential functions of his or her regular position does not exceed the equivalent of 12 months in any 24-month period. For ourooses of tracking leave'tlme. 12 months will be emolovees. C. Employees who have been granted administrative leave without pay shall not accrue any vacation or other paid leave time and shall not receive paid time off for Town- approved holidays during the unpaid leave of absence. D. Employees who are on administrative leave without pay may not be eligible for a regular annual review of job performance nor for an associated adjustment in pay until the performance evaluation anniversary immediately following the return to active employment status. E. Employees on administrative leave without pay may elect to continue group insurance coverage. However, the employee must bear both the Town's and the employee's share of the cost of the premiums: Payment must-be submitted to the Finance. Department by the 10th of each month to ensure continued overage. Section 4-9-5 Return to Work A. Employees who are granted administrative leave without pay shall return to work upon completion of the leave period. An employee who fails to return to work on the date specified in the leave-request without receiving an extension in advance is considered to have resigned. B. Employees who are granted administrative leave without pay for medical purposes shall provide a written release from a licensed health care provider indicating that the employee may resume the full essential functions of his or her position prior to or immediately upon returning to work. C. The Town is not obligated to hold a position vacant or to return an employee to a position following an administrative leave without pay that is not part of an approved FMLA absence. Regul~~~t~rlr~'i ~~tiy~g -December 15, 2009 -Page 22 of 158 11 r_ r~~ MARAI~A ~/ I'\ TOWN Of NIARANA CHAPTER 4 EMPLOYMENT BENEFITS Policy 4-10 LEAVE DONATION Eligible employees may receive contributions of leave from other employees as outlined in this policy if the employee is unable to return to work due to his or her own catastrophic personal illness or injury or the catastrophic personal illness or injury of an immediate family member. Section 4-10-1 Definitions A. Catastrophic Illness: Illness that requires extensive hospitalization, hospice care or other extraordinary measures of care. B. Catastrophic Injury: Injury that requires extensive recuperation time. C. Immediate family member: .The spouse, children, parents, grandparents, brothers, sisters or other individuals whose relationship to the employee is that of a dependent. A relative who, because of family circumstances, has been a parent substitute to the employee may be considered the mother or father in this definition. Section 4-10-2 Eligibility A. Regular full- and part-time employees, including those serving in an initial evaluation period, and term-limited temporary employees are eligible to receive donated leave as described in this policy. B. Eligible employees must be on an approved FMLA leave or medical leave of absence without pay and must have exhausted all accrued paid vacation, sick, personal and compensatory leave balances to be eligible for donated leave. C. Eligible employees shall not receive donated leave if they are receiving benefits through an insurance program paid for"by the Town or from their retirement system or are eligible to receive payments from Social Security. D. Eligible employees shall not be permitted to use donated leave if they have been unable to perform the full essential functions of their position for a period of time equivalent to 12 months in a 24-month period. For Durnoses of tracking leave time. 12 months will be measured based on 2080 hours for full-time emDlovees and Dro-rated for Dart-time mDlovees. Regul~6~~r~'~ l~~tir~q -December 15, 2009 -Page 23 of 158 12 r'~~~~ MARANA .~.~1 I ~. tOWN OF NIARANA CHAPTER 4 EMPLOYMENT BENEFITS Section 4-10-3 Donation Parameters A. Donation of leave may be made among all levels of Town employment on an hour-for-hour basis. B. Vacation leave and sick leave may be donated. C. The receiving employee and the Town are under no obligation to repay the donated leave. D. There is no limit on the amount of donated leave eligible employees may receive, except that the total time the employee is unable to perform the. essential functions of his or her regular position shall not exceed the equivalent of 12 months in any 24-month period. F r Durooses of tracking leave time. 12 months will be measured based on 2080 hours for f 1-time emrJlovees and Dro-rated for Dart-time emplovees. E. Any unused donated leave will be returned to the donating employee. F. Donating employees must maintain a total balance of 80 hours of sick and vacation leave. Section 4-10-4 Request for Donated Leave A. Applications for donated leave are available in the Human Resources Department. B. The requesting employee shall submit the completed application for donated leave to the Human Resources Department. If it has not already been provided, the employee shall include a medical certification from a licensed health care provider documenting the medical necessity for and expected duration of the leave with the completed application. C. The application will be submitted to the Human Resources Director for approval. Section 4-10-5 Maintenance of Benefits Employees who are receiving donated leave shall be considered to be in a paid status. Therefore, Town-provided employee benefits shall continue without interruption during the period of donated leave. Regul~~~~~ii I~~ti~g -December 15, 2009 -Page 24 of 158 t3 ~~ ~~"4 ~~! r~ ~l ~ . tilRR b~ 41Y111{ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, December 15, 2009, 7:00:00 PM To: Mayor and Council Item P 3 From:. Jane Fairall ,Deputy Town Attorney Strategic Plan Focus Area: Progress and Innovation Subject: Presentation: Relating to Municipal Court; discussion and direction regarding proposed amendments to Town Code Chapter 5-7 entitled "Civil Town Code Violations"; modifying procedures for commencement of action for civil violations of the Town Code; modifying procedures for service of civil code complaints; modifying. provisions regarding civil sanctions for civil code violations; and making certain other clarifications regarding the types of judges who may hear appeals and order abatement in civil code violation cases Discussion: In 2006, the Council adopted Ordinance No. 2006.13, creating a new chapter in the Town Code, Chapter 5-7 entitled "Civil Town Code Violations." The ordinance established procedures to hear and determine civil town code violations in Marana Municipal Court pursuant to the civil enforcement process enabling authority found in A.R.S. § 9-500.21. After three years of experience with the procedures established in Chapter 5-7, the following revisions are proposed to make the process more efficient and effective. The proposed revisions will: 1. Allow charges to be brought via a long form civil. town code complaint issued by the town attorney or designee. Currently, the code only provides for these actions to be commenced via issuance of a citation by a peace officer or duly authorized agent of the town. 2. Set out the required contents of the long form civil code complaint and provide that the town attorney or designee must swear to the contents of the complaint under oath and sign it in front of the magistrate. 3. Clarify that the provisions of Chapter 5-7 apply not only to civil violations of the town code, but also violations of the land development code (LDC) and any other town ordinances that may not be codified. 4. Provide that civil sanctions for violations shall not exceed $1,000, unless another penalty is designated elsewhere within the code, the land development code, a town ordinance or state law. Currently, Chapter 5-7 only allows for the $1,000 maximum fine; however, other provisions of the town's codes allow for higher fines. Regular Council Meeting -December 15, 2009 -Page 25 of 158 5. Eliminate unnecessary and inaccurate references to the types of judges that may hear appeals and order abatement of civil code violations. 6. Provide that if service of the complaint upon the violator cannot be accomplished by personal service or other means authorized by the Rules of Civil Procedure, service may be accomplished by mail. 7. Replace references to "duly authorized agent" of the town with "code compliance officer" and cross-reference the newly created Chapter 1-9 (proposed as a separate item on tonight's agenda). These proposed revisions are brought to the Council tonight for feedback and direction. Financial Impact: None ATTACHMENTS: Name: Description: Type: ^ Amendments to Civil Enforcement Ordinance. Proposed revisions to Chapter 5-7 Ordinance {00013249-7).DOC, Staff Recommendation: Staff recommends approval of the proposed revisions to Chapter 5-7 of the Town Code. Suggested 1Vlotion: I move that we direct staff to bring back to the Council for adoption the proposed amendments to Town Code Chapter 5-7. Regular Council Meeting -December 15, 2009 -Page 26 of 158 MARANA ORDINANCE N0.2009.XX RELATING TO MUNICIPAL COURT; AMENDING TOWN CODE CHAPTER 5-7 ENTITLED "CIVIL TOWN CODE VIOLATIONS' ; MODIFYING PROCEDURES FOR COMMENCEMENT OF ACTION FOR CIVIL VIOLATIONS OF THE TOWN CODE; MODIFYING PROCEDURES FOR SERVICE OF CNIL CODE COMPLAINTS; MODIFYING PROVISIONS REGARDING CIVIL SANCTIONS FOR CIVIL CODE VIOLATIONS; MAKING CERTAIN OTHER CLARIFICATIONS REGARDING JUDGES WHO MAY HEAR APPEALS AND ORDER ABATEMENT IN CIVIL CODE VIOLATION CASES; AND PROVIDING AN EFFECTNE DATE. WHEREAS the Town is authorized by A.R.S. § 9-500:21 to establish procedures to hear and determine town ordinance violations as civil offenses; and. WHEREAS the Town Council finds that the procedures'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. Chapter 5-7 of the Marana Town Code is hereby revised as follows (with deletions shown with ~*-~ and additions shown with double underlining): CHAPTER 5-7 CIVIL TOWN CODE VIOLATIONS Section 5-7-1 Town code violations treated as civil matters Violations of the town code, the land development code or a town ordinance for which a civil sanction is imposed shall-~be treated as civil matters as provided in this chapter. ~~~ Section 5-7-2 Commencement of action; jurisdiction of Marana municipal court A. A civil code violation case is commenced by issuance of a uniform civil code complaint Iona form civil code complain as provided in this chapter. A civil code violation case shall be commenced within one year of the alleged violation. . Anv peace officer or code compliance officer. as defined in chapter 1-9 of this e. may issue a uniform civil code complaint pursuant to this chapter. Alternatively. the town attorney or designee may file a Iona form civil code omplaint with the Marana municipal court. Upon receipt of the Iona form civil e complaint. the Marana municipal court shall issue a summon ~~,. The Marana municipal court shall have jurisdiction over all civil violations of the town code. the land development code or other town ordinances. Regul~~j~'~Ij ~~i~~}- December 15, 2009 -Page 27 of 158 _ 1 - 11/23/2009 JF Section 5-7-3 Service of uniform or Iona form civil code complaint A. A uniform civil code complaint may be served by delivering a copy of the uniform civil code complaint to the person charged with the violation or by any means authorized by the Arizona rules of civil procedure. B. The original uniform civil code complaint shall be filed in the Marana municipal court within five days after a-sea}pla+r~ !t is issued. +h.~ri~°r! .~ n+ i.f +L+° +^~un ° +h° ^ w+nl.+in+ . The Iona form civil code complaint and summons may be served by delivering opv of the Iona form civil code complaint and summons to the person haraed with the violation or by anv means authorized by the Arizona rules of civil procedure. D. If service cannot be accomplished by the methods set forth in this section the ~fform civil code complaint or Iona form civil code complaint may be served v certified or reaistered mail. return receipt requested. If service- of either the uniform civil code complaint or the Iona form civil code complaint is made by ified or reaistered mail. the return receipt shall be prima facie evidence of service. Section 5-7-4 Authority to detain persons to serve civil code complaint; failure to provide evidence of identity; penalty A. A peace officer or a code compliance officer ~~ ~"~ ~~ ~+h^ri~°,~ .,^°.,* ^f +h° +^,.,,, may stop and detain a person as is reasonably necessary to investigate an actual or suspected violation of the town code. the land development code or a town ordinance and to serve a copy of a civil code complaint. B. A person who fails or refuses to provide evidence of his or her identity to a peace officer or:a code compliance officer ~'~~'~~ ~~~+"^ri,°,+ .,^°^+ .,f +h° +^,.,., upon request, when the officer s~age~rt has reasonable cause to believe the person has committed a violation of the town code, the land development code or a town ordinance, is guilty of a class 1 misdemeanor and upon conviction shall be punished by a fine not to exceed $2,500 or by imprisonment for a period not to exceed 6 months, or by both such fine and imprisonment. Regul~6~~$i~ ~~i~~}- December 15, 2009 -Page 28 of 158 _ 2 - 11/23/2009 JF Section 5-7-5 Form for uniform and Iona form civil code complaints A The .uniform civil code complaint shall be in the form of the document marked "town of Marana uniform civil code complaint" reproduced in and made a part of this section by this reference~„Q j~~n-re{~~~Tl3e o n+n rne-1 nrl iil n+'nr. .+nr! nrrlnr ~1'"f V iQL1 V T7-V YH~4C iFF}~vtve~ A{a-a^ nere.nn uihn in ni+e+r) nrl F.~il~. +., ., TaR~ of 1L~.x.~sa i ~-ffox~i CttTL CoT+E Ca~~.~-r f."DhiFI.ALR?k4. 3~IIas°siac~:ase.~o: -sTaTe Sacxxl:SactBmt \a. L's THE ~L\ICIF:IL.LAL`R7 TOA~OF ?1L~$.i'4.4 Tm~caFatut~~a aamm.e 1~T ~. T~E~,~T~T~r,.,~T ng~-~tR*~-r. eaascM Tss SERiEF' GiT,'TU&?i STffiTE 73P Ih~TSE IIiz•.~ _~~~_5 :: ID56.T8L~,i?381ffiRE.AF{IACATf6Y1} S.i`.¢.ii C-F=CT. CTYT%I`OAX '$TY'IE ZIP 1EAIII~G ;g(ii ?1DDREiS: ~vm~.•~a~ 32T$ET CTI'[:TOIL3 ST3'fY ZiP C6>"A3'T '!'F.E FUEEOAI~~. CIfT4. Blrs~ss rst~.~cnm~si n :1n;.Tnu or rae #DFR£SSs 3tasa3caTOS?eone: ~~,-~ Wig: ~~~ ~~ nrt~~R 4R:r~'i occ trt£n: ~~ $TBELT CtiT:Ti~Y Si9T8 ZFP :$ ~DSLRE~S: 9S~'IH DsT S'~+tA Tag 43i . IaLADaTE RVD Tfl{62U ?PPE.~IS: 8ht IP I T4II. T21 I.FP£.+.R Ai:. it 1'FIS I E'_°4`.2i' f'~RT3FT TEAT I P_4lT_ i02IPL.iZ~T.3 £~P3TiT 3i9GES.h3 tRHd.~E~':LfiTU F.L1'.O~.iSLE ~3tlE:1TFT0'EII.IETY .i~7) 3G.~5$ ~E. d Q471 5:#'?CZPQ:F 24'dS. $L iU46;T_J. A6 SII.IIIT 1i=~; -ISE ?ERST ~'.uIFD L~ `~.~R$.'~~~~Ii:\'IZ'IPAL COL'AT R\YSR'i 0&l3EA TU kBATf 12IIZ8~E 155C'ESk TE=S Ca~@L:P: eNy.'.¢:TL '~"eL't1i_ ll5{1~.CI~ZCCE:\~TERDRRE '~1JL1TI0`' ~faCiS11~D TY3; L O?.TLiP:. _1Lvi~A ~,Z 8643 e. Aire n+ol+ in +hn nmm~lnin+ Section 5-7-6 €alsre s~ertification of uniform and long form civil code complaints ' A. A uniform civil code complaint need not be sworn to if it contains a form of certification by the issuing officer in substance as follows: "I hereby certify that I have reasonable grounds to believe and do believe that the person named in this complaint committed the civil violation described in this complaint." . The town attorney or designee shall swear to the contents of the Iona form civil code complaint under oath and sign the complaint in the presence of the magistrate. ~:~, A false certification under this section constitutes perjury. Section 5-7-8 Admission or denial of allegations in complaint; hearings; findings of court; civil sanction; order to abate A. A person named in a civil code complaint shall appear at the time and place stated in the complaint or may appear prior to the time if so authorized by the court and upon the directions contained in the complaint and admit or deny Regul~~j~~~i~ ~~i~~}- December 15, 2009 -Page 29 of 158 _ 3 _ 11/23/2009 IF C. The uniform and Iona form civil code con~blaint shall contain notice that default judgment will be entered and a civic sanction and order to abate the violation will be imposed on a person who is cited and fails to appear as directed in the in the allegations of the complaint. Allegations not denied at the time of appearance are admitted. No fee shall be charged for appearance in a civil code violation case. B. If the person named in a civil code complaint admits the allegations in the complaint, the court shall enter judgment for the town and impose a civil sanction. C. Allegations in a civil code complaint may be admitted with an explanation. When this occurs, the court shall enter judgment for the town and impose a civil sanction determined with the court's due consideration of the explanation submitted. D. If the person named in a civil code complaint denies the allegations of the complaint, the court shall set the matter for hearing. All civil code violation hearings are informal and without a jury, and the town is required to prove the violation by a preponderance of the evidence. Technical rules of evidence do not apply, except for statutory provisions relating to privileged communications. Aperson who elects to be represented by counsel shall notify the court of this fact at least ten days prior to the hearing date. Hearings may be recorded. If the court finds in favor of the person, the court shall enter an order dismissing the civil code violation case. If the court finds in.favor of the town, the court shall enter judgment for the town and impose a civil sanction. E. If the person served with a civil code complaint fails to appear on or before the time directed to appear or at the time set for hearing by the court, the allegations in the complaint shall be deemed admitted and the court shall enter judgment for the town and impose a civil sanction. F. A civil sanction imposed pursuant to this chapter shall not exceed $1,0001 that a'violation continues shall be considered a separate offen ~~. In addition to civil sanctions, upon finding that a violation exists, the court shall order the person to perform whatever action is reasonably necessary to correct and abate the violation. An order to abate shall remain in effect for one year. When issuing. an order to abate, the court shall advise a violator that additional fines will be imposed for failure to abate a violation and that the town may bring criminal charges for failure to obey the order to abate. Section 5-7`-9 Appeal Any party may appeal the judgment of the court. The appeal may be to the superior court in the same manner as promulgated by the supreme court. The posting of an appeal bond stays enforcement of the judgment. ~'^^~^~~°°~^^°~° ^f th° n~ ire°ri^r n^~ ~rF mnv h°nr .+nrl rl°+°rrv~in° .+nr~°nle. Section 5-7-10 Subpoena of witnesses; inapplicability of rules of civil procedure A. The town and the person charged with a civil code violation may subpoena witnesses as provided by A.R.S. § 13-4072. Witnesses are not entitled to fees for appearing in connection with a civil code violation case. B. Except as otherwise provided in this chapter, the rules of civil procedure do not apply. Regul~6~~~'~Ij ~f~i~~}- December 15, 2009 -Page 30 of 158 _ 4 - 11/23/2009 JF Section 5-7-11 Failure to pay civil sanction; collection procedure All civil sanctions imposed pursuant to this chapter shall be paid within 30 days from entry of judgment, except that the court may extend the time for payment or provide for installment payments if the court finds that payment within 30 days will impose an undue economic burden on the defendant. A civil sanction may be collected in the same manner as any other judgment in favor of the town. Section 5-7-12 Failure to obey order to abate violation; penalty Any .person who fails to obey an order to abate a violation issued by a magistrate~pesial Kraagi~r , ^- c^^^~^~ ~~^~~+e,~ ,,.,^^,~+r^+^ is cduilty of a class 1 misdemeanor. A violation of this section is punishable by up to a maximum six months in jail and by a maximum fine of $2,500; and by probation up to three years. SECTION 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed as of the effective date of this ordinance. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. SECTION 4. 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 `h day of , 20_. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regul~6~~~i~ b~i~~}- December 15, 2009 -Page 31 of 158 _ S - 11/23/2009 JF ~ - h ~r-A~ 1 ~ IH~~ J 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, December 15, 2009, 7:00:00 PM To: Mayor and Council From: Frank Cassidy ,Town Attorney Strategic Plan Focus Area: Not Applicable Item C 1 Subject: Ordinance No. 2009.25: Relating to Business Regulations; making further amendments to 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 Discussion: On June 23, 2009, the Council adopted Ordinance No. 2009.14, amending Title 9 of the Town Code to provide for administration of business licenses by a license inspector designated by the Town Manager, in place of administration by the Town Clerk. The revisions adopted by Ordinance No. 2009.14 missed a couple instances in which "town clerk" should have been changed to the "town" or to the "license inspector." In addition, in Section 9-6-12 ("Administrative appeal"), Ordinance No. 2009.14 replaced all occurrences of "town clerk" with "license inspector" even though some occurrences of "town clerk" should have been retained. Although these revisions are more in the nature of scrivener's errors, they exceed the scrivener's error authority granted by Town Code Section 1-4-5. Consequently, staff requests the Council to adopt this simple corrective ordinance. ATTACHMENTS: Name: D ORD_carrectng2009 14 (00018264).DOG. Staff Recommendation: Description: Business License Correction Ordinance Staff recommends adoption of Ordinance No. 2009.25. Suggested Motion: Type: Ordinance I move to adopt Ordinance No. 2009.25, making further amendments to 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. Regular Council Meeting -December 15, 2009-Page 32 of 158 MARANA ORDINANCE N0.2009.25 RELATING TO BUSINESS REGULATIONS; MAKING FURTHER AMENDMENTS TO TITLE 9 OF THE TOWN CODE TO PROVIDE FOR BUSINESS LICENSES TO BE ADMIN- ISTERED BY A LICENSE INSPECTOR DESIGNATED BY THE TOWN MANAGER RATHER THAN BY THE TOWN CLERK; AND DECLARING AN EMERGENCY WHEREAS the Town of Marana regulates businesses through the issuance of business li- censes; and WHEREAS Marana Ordinance No. 2009.14 amended Title 9 of the Town Code to pro- vide for administration of business licenses by a license inspector designated by the Town Man- ager, in place of administration by the Town Clerk; and WHEREAS the revisions adopted by Marana Ordinance No. 2009.14 missed some town code text revisions that are necessary to carry out the purpose of Ordinance No. 2009.14; and WHEREAS the additional town code text revisions needed to carry out the purpose of Ordinance No. 2009.14 exceed the scrivener's error authority granted by Town Code Sec- tion 1-4-5. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, AS FOLLOWS: SECTION 1. Paragraph C of Town Code Section 9-1-5 ("License to be exhibited") is revised as follows, with new language shown with double underlining and deleted language shown with ~*--'~: C. Each person, corporation or partnership having a license shall produce and exhibit the same whenever requested to do so by the license insnectork, any police officer or any agent r emolovee of the towni,~ ~+~,T~e~'a-t~;ss~°, ~ °^•, ^ ^^"°^* ''^. SECTION 2. The term "town clerk" is replaced with the term "license inspector" in paragraphs A and B of Town Code Section 9-6-11 ("Revocation"). SECTION 3. Town Code Section 9-6-12 ("Administrative appeal"), which Ordinance No. 2009.14 amended by replacing all instances of "town clerk" with "license inspector," should instead correctly read as follows: Section 9-6-12 Administrative appeal An applicant may appeal the decision of the license inspector regarding a denial, revocation or suspension to the town council by filing a written notice of appeal with the town clerk within Reguly~~j~~~~6~e~mber 15, 2009 -Page 33 of 158 _ 1 - {00018264.DOC /} 15 days after service of notice upon the applicant of the license inspector's decision. The notice of appeal shall be accompanied by a memorandum or other writing setting out fully the grounds for the appeal and all arguments in support of the appeal. The license inspector may, within 15 days of service upon the town clerk of the applicant's memorandum, submit a memorandum in response to the memorandum filed by the applicant on appeal to the town council. The applicant shall be afforded a hearing before the town council at which the applicant or the applicant's attorney shall be afforded the right to address the council and the license inspec- tor's decision, after which the town may respond to the applicant's presentation; the hearing shall be taken within 31 calendar days after the date on which the town clerk receives the notice of ap- peal. After reviewing submitted memoranda and exhibits as well as the arguments orally presented by the applicant and the town, the town council shall vote either to uphold or overrule the license inspector's decision. The town council's decision shall be effective upon its rendering. Judicial review of a denial by the license in- spector and town council may then be made pursuant to this chapter. SECTION 4. The Town's Manager and staff are hereby directed and authorized to un- dertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of this ordinance. SECTION 5. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this ordinance become immediately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immediately upon its passage and adop- tion. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15th day of December, 2009. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED A5 TO FORM: Frank Cassidy, Town Attorney Mazana Ordinance 2009.25 - 2 - {00018264.DOC /} Regular Council Meeting -December 15, 2009 -Page 34 of 158 I~1~~~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, December 15, 2009, 7:00:00 PM To: Mayor and Council Item C 2 From: Lisa Shafer ,Assistant Planning Director Strategic Plan Focus Area: Community Building Subject: Resolution No. 2009-198: Relating to Development; approving a final plat for The Gallery Parcel s comprised of 49.7 acres in Dove Mountain Discussion: Request Final plat approval of a 141ot single family subdivision on approximately 49.7 acres of land located within the Dove Mountain Specific Plan area. The Gallery Parcel s plat consists of lots 1-14, Block A and common areas A, B and C-1 - C-3. Location The proposed subdivision is located in the Dove Mountain Specific Plan area. This subdivision is part of "The Gallery" residential development progressing north on Sunset Gallery Drive from the previously approved Gallery Parcel 4A plat. Zoning The zoning is "F" -Dove Mountain Specific Plan with a land use designation of "E" Estate Lots. This designation under the "cluster" option has no minimum lot size. The minimum lot provided is 17,675 square feet, the maximum lot size is 51,390 square feet with an average lot size of 25,458 square feet. Transportation Direct access to the subdivision is provided on Sunset Gallery Drive and Sunset Gallery Place via Gallery Canyon Drive and Dove Mountain Boulevard. The lots will be accessed by a private 30' drive identified as Common Area B. ATTACHMENTS: Name: Description: Type: ^ Resolution 2009-XXX The Gallery Parcel 5 FP doc Resolution Resalutian ^ The_Gallery Parcel 5 FP application.pdf App(icatian Sackup Material ^ The_Galley Parcel 5 Final Plat.pdf Location Map Backup Material Regular Council Meeting -December 15, 2009 -Page 35 of 158 ^ 2fi93 001_Gallery 5.pdf Final Plat Backup Material Staff Recommendation: Staff finds that the final plat is in substantial compliance with the Dove Mountain Specific Plan, the Marana Land Development Code and the Marana General Plan; therefore staff recommends approval of the final plat. Suggested Motion: I move to adopt Resolution 2009-198, approving a final plat for the Gallery Parcel s comprised of 49.7 acres in Dove Mountain. Regular Council Meeting -December 15, 2009 -Page 36 of 158 MARANA RESOLUTION N0.2009-198 RELATING TO DEVELOPMENT; APPROVING A FINAL PLAT FOR THE GALLERY PARCEL 5 COMPRISED OF 49.7 ACRES IN DOVE MOUNTAIN WHEREAS, the Dove Mountain Specific Plan was approved by the Town Council on March 28, 2000, as Ordinance 2000.04; and WHEREAS, Rick Engineering Company, Inc., has applied for approval of a final plat for the Gallery Parcel 5, a 14-lot residential subdivision on approximately 49.7 acres, including lots 1-14, Block A and Common Areas "A", "B" .and "C-1 - C-3" and is generally located on North Sunset Gallery Drive, within a portion of Section 14, Township 11 South, Range 12 East; and WHEREAS, the Marana Town Council, at their regular meeting on December 15, 2009, determined that the Gallery Parcel s Final Plat should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Gallery Parcel 5 Lots 1-14, Block A, & Common Areas "A", "B", "C-1" - "C-3" Final Plat is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15~' day of December, 2009. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -December 15, 2009 -Page 37 of 158 ~" " ~,~~, !":~'1 PI 1NN11`G & ENGINEERING :~PPLIGATI(),'~ 1, T~T'E OF APPI11CA1'ION (C'heck Oncl © Preliminary Plat ®I final PIaC ^ General Plan Amendment ^Variance De~'elopn~ent Plan. ^ SWPPP ^ Landscape Plan ^ Nati~ e Plant Perntt ^ Specific Plan Amendment ^ Conditional Use Permit ^ ItezoneiSpecific flan ^ Annexation ^ Significant Land Use Change [] Minor Land Division ^ Water Plan ^ Improvement Plan (specify ty pe in Description of Project box"1 ^ Outer 2. GENERAL DATA REQUIREB Assessor's Para°1 2~g_16-442L General Plan De~igriation Master Planning Area Numbers To be confirmed b ~ staff) Gross Area (AcrclSq. ft.j 49.65Acre12,162;~64 Sq. Ft. Current~oning ` ' TheDbve MountatnSP o be confirmed`' staf i DevelopittentlProject I~iatne The Gallery, Parcel 5 Proposed... 2~onin Project Location The Gallery, Marana Description of Project* Angle Family Residential Propert}t Owner Stewart Title & Trust of Tucson, Trust 3573 Street Address 3939: E. Broadway Blvd. City State Zip Code Phona Number Fax Number E-Mail. Address' Tucson AZ 85711 (524) 327-7373 (524) 321-7829 Contact Person Go[leen Kruger Fhone Number I E-mail {524j 327-7373! t;krugera~stewartaz.com Applicant Palo Verde Partners, LLC, cto The Gallery Golf Club Street Addi css 44004 N. Dove Mountain Blvd. Cit}~ State Zip Cade Phone Number Fax Number E-Mail Address Marana AZ 85653 {524) 7~I4-2555 {524) 744-3323 ealeon@prodlgy.net Contact Person Eddie lean Phone Number / E-mail (524} 744-2555! ealeon@prodgy~net ~,;.;envRepreserttative Rick Engineering Company, Ine. Street Address 3945 E. Pt. lowed, Sul#e 114 City State Zip Code. Phone Number Fax Number E-Mail Address Tucson AZ 85712. {52fl) 795-104fl {52fl) 322-6956 mhromatka@rickenglneering.rum Contact Ferson Mrela Hramatka Town of Marana Business License No. 3. A[J'I'IIORIZATION OF PROPERTY O\WNER I, the undersigned, certify that all of the facts set forth in this application are true to the best of my kno~~~ledge and that 1 am either the fl~~~ner of the property or #hat I base been authorized in v~ritin~ b,~ the p~~~ner to file this application and checklist. Qf notownerof record, attach written aothQrizatlan from the owner,} ~> , __ - t ~ t ~ ;° t Mirela Hromatka ~ ~~~ ~1~~G"" 7 ~ ~'~~ Print Name oFA: IicanifA ent Si afore ~ Date 11.55.5 ~V. Civic Center Drive, Bldg.. A2^Marana, A? Q~53-7003^Telephone {520) 382-2600^Fax (524} 382-26AI ~_ Print Form Regular Council Meeting -December 15, 2009 -Page 38 of 158 `tom°~.. I The Gallery Parcel 5 ~:~ ~ ~- Final Plat ~t, ~` ~~ J ' 11' ~~ ~. E r., ... ....}~ "~~~`~`t`~'~~'~`J i; ``~ CASE PRV-07114E Subject Pr operty Dove Mountain Resort The Gallery Canyon Pass N DOVE.tviOUNTAIN. BL a O o! m a J _ Z W R4O0RB RD RegU@St o ysoo sooo n. " ~. Approval of a 14 lot custom home subdivision final plat for the Gallery Parcel 5 in Dove Mountain 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 a re the responsibility of the user. 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D a~ ::»a ~~~ ~ e .~ rs~ :u »N :zz ~w$zz W E E 2 Council Meeting -December 15, 2009 -Page 45 of 158 B ~~ ~1-~ 4 td~R 01 4141¢R 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCII. CHAMBERS, December 15, 2009, 7:00:00 PM To: Mayor and Council Item C 3 From: Lisa Shafer ,Assistant Planning Director Strategic Plan Focus Area: Commerce Strategic Plan Focus Area -Additional Information: Approval of this plat will promote and support the Strategic Plan initiative of engaging in the recruitment of new business and industry within the town. Subject: Resolution No. 2009-199: Relating to Development; approving a final plat for The Heritage Park Shoppes Discussion: Re uest Rick Engineering is requesting approval of The Heritage Park Shoppes, a final plat for a ten (10) lot commercial subdivision, comprised of Lots 1-10, Block A and Block B on approximately 19.59 acres within Gladden Farms. Location The proposed subdivision is generally located on the south side of Tangerine Farms Road, east of Heritage Park Drive and southeast of the Gladden Farms Community Park. Land Use and Zoning The 19.59 acre site consists of Block 25 and a portion of Block A of the Gladden Farms Blocks l -25 and A-F Final Block Plat approved by the Mayor and Council on December 4, 2001. The existing zoning of the site is VC (Village Commercial), which allows for a variety of retail and service uses. The applicant and developer have confirmed that Walgreen's is planning to develop Lot 1. The remaining lots are anticipated to be developed for banking, restaurant, automobile service /fueling facility and medical office uses. Transportation and Access Access to the site has been planned at three locations along Tangerine Farms Road, as well as via Heritage Park Drive. Deceleration lanes will be provided on eastbound Tangerine Farms Road at Heritage Park Drive, as well as at the first two driveways east of Heritage Park Drive to minimize impact to traffic flow and increase traffic safety on eastbound Tangerine Farms Road. The existing alignment at the southeast end of Heritage Park Drive will be reconfigured to Regular Council Meeting -December 15, 2009 -Page 46 of 158 provide a northern point of access for this development as well as a more direct access to both the town's Heritage Park and the Gladden Farms Community Park. The developer will be responsible for all costs associated with the design and construction of the reconfiguration of Heritage Park Drive. The area to be occupied by the realigned roadway must be reclassified from Town of Marano property to Town Right-of-Way. This reclassification is also an item on this Council agenda. Development Plan A Development Plan was administratively approved for The Heritage Park Shoppes on October 7, 2009. ATTACHMENTS: Name: ^ Resolution 2009-XX The Heritage Park Shoppes FPdoc. ^ PRV-09027 The Heritage Park Shoppes.._{Applicatonj.pdt ^ PRV-09027 The Heritage Park Shoppes_FP {Location Map~.pdf Description: Type: Resolution Resolution PRV-09027 The Heritage Park Shoppes FP {application) Backup Material PRV-09027 The Heritage Park Shoppes FP {location map) Backup Material ^ PRV-09027 The Heritage Park PRV-09027 The Heritage Park Shoppes {Avigation Backup Material Shoppes_jAvigatian Easement).pdf Easement) ^ PRV- 09027 The Hertage_Park Shoppes_FP Final Plat Gover Memo [1.]~.P_df Staff Recommendation: Staff recommends approval of the final plat for The Heritage Park Shoppes. Staff has reviewed the application for compliance with the Marano General Plan and the Land Development Code and has determined that the final plat is in conformance with all required development regulations and conditions of rezoning. Suggested Motion: I move to adopt Resolution 2009-199, approving a final plat for The Heritage Park Shoppes. Regular Council Meeting -December 15, 2009 -Page 47 of 158 MARANA RESOLUTION N0.2009-199 RELATING TO DEVELOPMENT; APPROVING A FINAL PLAT FOR THE HERITAGE PARK SHOPPES WHEREAS, on December 4, 2001, the Mayor and Council adopted Resolution 2001-155 approving and authorizing the Gladden Farms Blocks 1 thru 25 and A thru F Final Block -Plat; and WHEREAS, on January 22, 2008, the Mayor and Council adopted Ordinance 2008.03 approving a rezoning of the subject. property from `R-8' (residential -minimum lot size of 8,000 square feet) to 'VC' (Village Commercial); and WHEREAS, the applicant Rick Engineering, Inc., on behalf of the owner, Gladden 25, LLC, has applied to the Town of Marana for approval of The Heritage Park Shoppes, a final plat for a ten (10) lot commercial subdivision on 19.59 acres generally located on the south side of Tangerine Farms Road, east of Heritage Park Drive and southeast of the Gladden Farms Community Park; and WHEREAS, the Marana Town Council, at their regular meeting on December 15, 2009, determined that The Heritage Park Shoppes Lots 1-10 and Blocks A and B final plat should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that The Heritage Park Shoppes final plat is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15'' day of December, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -December 15, 2009 -Page 48 of 158 ~~~~ MARANA w "/i\ PLANNING & ENGINEERING APPLICATION 1. TYPE OF APPLICATION Check One ^ 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 (specify type in Description of Project box*) ^ Other 2. GENERAL DATA REQUIRED Assessor's Parcel 217-53-0390 General Plan Designation Medium Density Residential Numbe s To be confirmed b staf Gross Area (Acre/Sq. Ft.) 19.59 Acre/ 853,370 Sq. Ft. Current Zoning VC To be confirmed b staf Development/Project Name HERITAGE PARK SHOPPES Proposed Zoning N/A Project Location Gladden Farms Block 25 Description of Project* Commercial Development Property Owner Gladden 25, LLC Street Address 7114 E. Stetson Dr., Suite 400 City State Zip Code Phone Number Fax Number E-Mail Address Scottsdale AZ 85251 Contact Person Phone Number / E-mail Ron Ault (602) 469-5505 J ron@aultcompanies.com Applicant The Ault Companies, LLC Street Address 15255 N. 40th Street, Suite 131 City State Zip Code Phone Number Fax Number E-Mail Address Phoenix AZ 85032 (602) 493-5505 (602) 493-5506 Contact Person Ran Ault Phone Number / E-mail (602) 469-5505 /ron@aultcompanies.com Agent/Representative Rick Engineering, Company, Inc Street Address 3945 E. Ft. Lowell, Suite 111 City State Zip Code Phone Number Fax Number E-Mail Address Tucson AZ 85712 (520) 795-1000 (520) 322-6956 mhromatka@rickengineering.com Contact Person Mirela Hromatka Town of Marana Business License No. 3. AUTHORIZATION OF PROPERTY OV1'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 writing by the owner to file this application and checklist. (If not owner of record,. attach written authorization from the owner.) Mirela Hromatka ~~ r"/ whU~'"'r~"~ (p p Print Name of A licanbA ent Si ature Date 11555 W. Civic Center Drive, Bldg. A2^Marana, AZ 85653-7003^Telephone (520) 382-2600^Fax (520) 382-2641 ~~~ ~ `~ ~~- ~ -,~.~-" Print Foim Meeti D certSber 1` ° 20 P e 49 0 r-~r~U~ ~~~i~~~ ~c'~~ ~~~.~vg ~~ ~ 1~~ `~~~~~ ,~ ~ Final Plat for The Heritage _ ~ Park Shoppes, Lots 1-10, ~~Y,~ ~= ~~ ~ ~ . Blocks A and B -` ' ~°~ ~ -, `~~~ ~ ~~~~^~r~ ~~~F f ~.:~~.~,r~~~. CASE PRV-09027E o, ~~ ~ W J Q ~~ ~~ z ~ D_ O z ~ W-M OORE-RD o ® FAaRM'S"~~ ~~ u111111] ~pO ~,iD,q~~11LJJJJ.11 ~_ ~P , `--L~u[[II,L~~ Q ~,~ o ~ a, o'. J L' ~++i+L.L Site N TANGERINE-FARM5-RD RegUeSt o s5o ~soo n. A request by Rick Engineering, Inc. representing Gladden 25, LLC, for approval of a commercial subdivision plat for The Heritage Park Shoppes, Lots 1-10 and Blocks A and B. 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 compplete arnfvd conclusions drawn from such information are the responsibilRy of the user. In no event shall The Town of Marana become liable to users df these d~Zou~al~~oun~l IVI$e{finny IE~ec°em~ier"~~i~b9~?~a I e `~$ 0~ g~consequential damages, including but not limited to time, money or goodwill, arising from the ~pW N OF i 7 G MARANA .~:~ ~'; '4RtZONp 1~1,tr~~~ ~tr~i~~~rp^rl' TOV"VN OF MARANA AVIGATION EASEMENT AND RELEASE FOR 1~'IARANA REGIONAL AIRPORT Exempt: A.R.S. § 11-1134(A)(3) Recitals Gladden 25, LLC, an Arizona Limited Liability Company ("Owner") is the owner of the land located in the Town of Marana, :Pima County, Arizona, more particularly described as all of that land depicted on the subdivision plat identified as The Heritage Park Shoppes, recorded in the Office of the Pima County Recorder in Book of Maps and Plats, Page ("the Land"). Owner desires to subdivide and develop the Land. Owner is aware that the Land lies within the airport influence area for aircraft utilizing the Town of Marana Municipal Airport. known. as Marana Regional.. Airport. Owner is willing to develop and use the Land subject to the right of flight over the land and all normal effects of that flight, consistent with the location within the Airport Influence Area. .Easement NOW, THEREFORE, for and in consideration Of TEN DOLLARS. and. other consideration, the receipt and sufficiency of which are hereby acknowledged by the undersigned, Owner does hereby give and grant to the Town of Marana, an Arizona municipal corporation, (the "Town") an easement for aviation and avigation purposes above the Land in connection with flights from 150 feet to an infinite height above the surface of the Land. This easement shall include, but is not limited to, the right of aircraft to fly over the Land, together with its attendant noise, vibrations, fumes, dust, fuel and lubricant particles, and all other effects that maybe caused by the normal operation of aircraft landing at, or taking. off from, or operating at or on Marana Regional Airport; and. Owner does further release and discharge the Town, for the use and benefit of the public and agencies of the Town, of and from any and all liability for any and all claims for damages of anykind to persons or property that may arise at any time in tl~e future over or in connection with the normal operation of aircraft landing or taking off from Marana Regional Airport at 150 feet to an infinite height above the Land, consistent with this Easement. This instrument does not release any parties, including without limitation.. the owners or operators of aircraft, from liability for damage or injury to person or property caused by falling aircraft or falling physical objects from aircraft, except as stated. in this Avigaton Easement and Release with respect to noise, fumes, dust, fuel and lubricant particles. Regular Council Meeting -December 15, 2009 -Page 51 of 158 {0000031b.DOC 7 2} - 1 - F3C/cds SJIQ/240b 10:25 AM This Avgaton Easement and Release shall be binding upon Owner and Owner's heirs, assigns and successors-in-interest to the Land, and this instriment shall be a covenant running with the land and shall be recorded in the office of the Pima. County Recorder. 1N wrrNESS wxER~oF, Owner has caused this Avgation Easement and Release to be executed signed by the undersigned duly authorized officer on February 24, 2009. Gladden 2S, LLC, a izona Limited. Liability Company ~;° '~ By; Ron . Aul anaging Member =' 'i'~~ MatiCCp~ County `~ ;'~ '~~ CprtHgission Expires STATE OF ARIZONA ~ Ss ~ ~ dtay 1s, 2oi County of "iirta ) J~1~tt. c ata s The foregoing instrument was ackno vledged before me on February 24, 2009 by Ron B. Ault, the Managing Member of Gladden 25, LLC, on its behalf. My commission expires;. ~"~[3•a-Ot~ Public Approved by Marana Development Services: Keith Braun, Subdivision Engineer APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -December 15, 2009 -Page 52 of 158 {00000316.DOC J 2} Accepted by the Town of Marana: Gilbert Davidson, Town Manager ATTEST: Jocelyn Bronson, Town Clerk _ 2 _ FJCJcds S/i0J200b 14:25 AM _ _. 3~JVd ~Id~ I qpy/' ~ '-2 « ~ < ~ < ~a$~ 2~a5 O ,~ r ~a ~ d g_ ;„ ~n° W S~ F~ 6 F •~ z I I •e ~I' I W V z a a ~ d g¢ W V v ~n i ~ ~ C ~~E Z ~ - a 4 ~~ ~ < ~ a _ Y S ~~ g g~> ~ LL > ~ ~ ~°~~~~~ ~~~ O s q ~O ` ~- Q -~ 4 ~ if3,LN3~ 7Yf~U3WW 0 _. 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CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, December 15, 2009, 7:00:00 PM To: Mayor and Council From: Keith Brann ,Town Engineer Strategic Plan Focus Area: Not Applicable Item C 4 Subject: Resolution No. 2009-200: Relating to Development; approving a release of assurances for Willow Ridge Commons Block A and acceptance of public improvements for maintenance Discussion: This Resolution will release the assurance between Lennar Communities Inc. and Fidelity Title Agency, under Trust No. 60,302 and the Town of Marana, regarding Willow Ridge Commons Block A as depicted on Exhibit A. Willow Ridge Commons Block A is comprised of lots 1 through 155 and Common Areas `A', `B', `C' and `D' and is recorded at the Pima County Recorder's Office in Book 60 of Maps and Plats, Page 98. In releasing said Assurances, the Town of Marana will accept for maintenance,. including regulatory traffic control signs and street signs, approximately 1.40 miles of the following paved streets: Willow View Drive Willow Leaf Court Winding Willow Way Foothills Blue Lane Willow Blossom Drive Willow Park Way Willow Wind Way Willow Run Lane Willow Rock Way Triangle Leaf Lane The Town accepts for maintenance, a potable water system including 91591inear feet of water line, water meters, appurtenances, valves, and fire hydrants for the above referenced project with an estimated value of $55l ,925. The Town has been provided a lesser Letter of Credit to separately assure the remaining sidewalks to be constructed within the subdivision. Financial Impact: Regular Council Meeting -December 15, 2009 -Page 57 of 158 Budgeted to Operations and Maintenance ATTACHMENTS: Name: ^ Resolution - 090904 Willow Ridge Commons.doc ^ EX A_Wi.l..low_Ridge G..ammons.pdf Description.: Willow Ridge Commons Resalutian Willow Ridge Commons Block A Loc Map Type: Resolution Exhibit Staff Recommendation: Staff recommends Mayor and Council release the assurances for Willow Ridge Commons and accept the public improvements for maintenance. Suggested Motion: I move to adopt Resolution No. 2009-200, approving a release of assurances for Willow Ridge Commons Block A and acceptance of public improvements for maintenance. Regular Council Meeting -December 15, 2009 - Page. 58 of 158 MARANA RESOLUTION N0.2009-200 RELATING TO DEVELOPMENT; APPROVING A RELEASE OF ASSURANCES FOR WILLOW RIDGE COMMONS BLOCK A AND ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR MAINTENANCE WHEREAS, Willow Ridge Commons Block A is a 28.91 acre subdivision located south of Cortaro Farms Road and west of Sandy Desert Trail ,containing lots 1-155, and common areas `A', `B', `C' and `D' and is recorded at the Pima County Recorder's Office in Book 60 of Maps and Plats, Page 98; and WHEREAS, the Town has an Assurance Agreement assuring the completion of public improvements; and WHEREAS, Lennar Communities Inc., and has completed the public improvements acceptable to Town standards in accordance with the Assurance Agreement for Willow Ridge Commons Block A; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows: SECTION 1. Willow Ridge Commons Block A is hereby released from the Assurance Agreements with Fidelity National Title Agency Inc. under Trust 60,302. SECTION 2. The Town accepts for maintenance, including maintenance of regulatory traffic control and street signs, for maintenance, approximately 1.40 miles of the following paved streets as shown on Exhibit A: • Willow View Drive, Willow Leaf Court, Winding Willow Way, Foothills Blue Lane, Willow Blossom Drive, Willow Park Way, Willow Wind Way, Willow Run Lane, Willow Rock Way and Triangle Leaf Lane SECTION 3. The Town accepts for maintenance, a potable water system including 9159 linear feet of water line, water meters, appurtenances, valves, and fire hydrants for the above referenced project with an estimated value of $551,925. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15~' day of December, 2009. 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CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, December 15, 2009, 7:00:00 PM To: Mayor and Council Item C 5 From: Cedric Hay ,Senior Assistant Town Attorney Strategic Plan Focus Area: Progress and Innovation Subject: Resolution No. 2009-201: Relating to Municipal Court; approving and authorizing the Mayor to execute an intergovernmental agreement with Pima County for video-court hearings of Marana Municipal Court prisoners being held at the Pima County Adult Detention Center; and declaring an emergency Discussion: The Marana Municipal Court utilizes the technology and staff from the Pima County Adult Detention Center to conduct video hearings for prisoners who have been arrested and are being held on warrants issued by the Marano Municipal Court. This is the most efficient way to ensure that these individuals are seen in a timely manner without having to bear the cost and complications associated with transporting them to be seen "in-person" at the Marana Municipal court. The town has negotiated the terms for this service with Pima County and these terms are reflected in the intergovernmental agreement (IGA) which is the subject of this resolution. This resolution approves the agreement and authorizes and directs the Mayor to execute it on behalf of the town. The agreement has cone-year term and may be extended for four additional years. . Financial Impact: The IGA requires the town to pay $32.24 for security services on each day that video court is held (typically five days a week), and requires the town to pay for any upgrades and repairs to video system equipment needed at the Marana Municipal Court. This is a decrease in what has been previously charged and is within the current budget limitations. ATTACHMENTS: Name: Description: Type: ^ Reso Caurt_.IG..A.doc Resolution approving IGA with Pima County for video court Resolution ^ EX_A_IGA with Pima County for video court Exhibit A IGA far video court services Exhibit services _(00018428).pd f Regular Council Meeting -December 15, 2009 -Page 61 of 158 Staff Recommendation: Staff recommends adoption of the resolution which will have the effect of approving the agreement. Suggested Motion: I move to adopt Resolution 2009-201, approving the IGA between the Town and Pima County for video-court services. Regular Council Meeting -December 15, 2009 -Page 62 of 158 MARANA RESOLUTION N0.2009-201 RELATING TO MUNICIPAL COURT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR VIDEO-COURT HEARINGS OF MARANA MUNICIPAL COURT PRISONERS BEING HELD AT THE PIMA COUNTY ADULT DETENTION CENTER; AND DECLARING AN EMERGENCY WHEREAS individuals who are taken into custody on warrants issuing from the Marana Municipal Court are held at the Pima County Adult Detention Center; and WHEREAS the Pima County Adult Detention Center has the staff and technology necessary for these prisoners to be seen via video-conferencing; and WHEREAS the Town of Marana and Pima County desire to enter into an agreement to provide video-court hearings for Marana Municipal Court prisoners; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of its citizens to enter into this intergovernmental agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. That the intergovernmental agreement between the Town of Marana and Pima County attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized and directed to execute it for and on behalf of the Town of Marana. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the intergovernmental agreement. SECTION 3. Since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this resolution become immediately effective, an emergency is hereby declared to exist, and this resolution shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15th day of December, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Regul~~r~Feegg$O~4g€Rl~'~ro~r~2°~e~ge 63 of 158 Frank Cassidy, Town Attorney EXHIBIT A Town of Marana Contract No. INTERGOVERNMENTAL AGREEMENT BETWEEN TOWN OF MARANA AND PIMA COUNTY FOR PROVISION OF VIDEO-COURT HEARINGS OF MUNICIPAL PRISONERS TffiS INTERGOVERNMENTAL AGREEMENT (IGA), is entered into pursuant to ARS § 11-952 (as amended) by and between: THE TOWN OF MARANA, a municipal corporation, (hereinafter sometimes referred to as the "Town"); and THE COUNTY OF PIMA, a body politic and corporate, a political subdivision of the State of Arizona, (hereinafter sometimes referred to as the "County"). WHEREAS the Parties desire to enter into an agreement to provide video-court hearings for municipal prisoners; and WHEREAS the Town and County may contract for services and enter into agreements with one another far joint or cooperative action pursuant to A.R.S. § 11-952, et seq.; and WHEREAS the provision of video-court hearings for municipal prisoners will be in the best interests of the Parties and the citizens of Pima County. NOW THEREFORE, THE TOWN AND COUNTY HEREBY AGREE AS FOLLOWS: 1. The County of Pima's Sheriff's Department Corrections Bureau shall provide the Town of Marana's Municipal Court with a video court session between Marana Municipal Court (MMC) and the Pima County Adult Detention Center (PCADC.) MMC will be responsible for sending a list of MMC inmates to be seen that day to the County Records Unit no later than 1100 hours on the day of the hearing. MMC will be responsible for sending a Fax notification of any cancelled hearing to the County Records Unit no later than 1100 hours on the date of the hearing. Failure to do so will result in billing for that hearing. 2. PCADC will be responsible for, preparing MMC inmates for court, providing security in the courtroom, providing clerical support for court documentation and faxing required documentation back to MMC. Regular Council Meeting -December 15, 2009 -Page 64 of 158 EXHIBIT A 3. MMC shall fax PCADC's Records Unit appropriate. documentation on each MMC defendant prior to the defendant leaving the video court session. 4. Each video court session will be held daily Monday through Friday, beginning at 1200 hours. Both Town and County agree that this schedule may be changed based on either party's need for more video court time, or based on other factors that could require a different schedule. MMC shall complete the video court session no later than 1300 hours. Any hearing extending past 1300 hours shall be continued to a later date. 5. Town of Marana will pay for five weekly hours of video court which will cover the cost of one Corrections Officer for one hour for security. The current salary rate for these employees is: Corrections Officer (1 hour) ............................ $32.24 Total for one hour: $32.24 6. "Town of Marana Prisoner" shall mean any person who has been incarcerated as a result of a charge pending in the Town of Marana Court, as a result of an agreement between the Town of Marana and another jurisdiction to allow the person to serve his/her sentence locally, or has been sentenced pursuant to an order of the Town of Marana Court and for whom the Town of Marana has the legal obligation to provide or pay for prisoner housing (this Agreement does not create such an obligation, that obligation exists under current Arizona Law). A prisoner arrested by the Town of Marana Police Department solely on another governmental entity warrant is not a Town of Marana prisoner. 7. Upgrade and repair costs for video system equipment in MMC courtrooms that is required to maintain connectivity with the County Jail video courtroom will be the sole responsibility of MMC. 8. Criteria and Rules Governing Billing: a. A "billable video-court session" is defined as that period commencing at 1200 hours and ending at 1300 hours each day of week, or any fractional part thereof. b. Should a "billable video-court session" not occur in any given week, the Town of Marana will not be billed that week, as long as proper. notification is made by MMC to the County Records Unit of cancelled hearings (see above), c. The Town of Marana will be billed monthly for these services. Invoicing for these services will be separate from the monthly incarceration billing invoice and must be paid separately. 9. Criteria for Assessment of Billing: Regular Council Meeting -December 15, 2009 -Page 65 of 158 EXHIBIT A a. The costs of a "billable video-court session" shall be based on the current rates of salary each involved class of employee currently earns. These rates are subject to increase as wages increase for the classification. b. County will give Town a thirty (30) day notice of any salary rate increase and Town will be billed accordingly. 10. County will submit a statement of Town of Marana video-court session charges on a monthly basis. This statement shall provide informa#ion in chronological order as follows: billing period, dates of video court sessions, weekly costs of individual employees, weekly totals, and the monthly total bill. Any individual video court session charge contested shall be made known to the County within 30 days after receipt of the monthly billing. If the Town notifies the County of a dispute within 30 days of receipt of the monthly billing, the Town may withhold payment on those specific video court sessions for which billing is disputed until the dispute has been resolved. No dispute will be accepted if not made within 30 days after the receipt on the monthly billing. Disputes about the billing statement shall be jointly reviewed by both parties and satisfactorily resolved within 45 days of the monthly billing. All charges shall be paid within sixty days of receipt of the monthly billing, excluding contested charges. Contested charges shall be paid within 30 days of resolution of the dispute. Charges remaining unresolved after the 60-day period may be arbitrated by a mutually acceptable third party. Town agrees to pay interest on outstanding charges beginning on the 10~` day after resolution of the billing at a rate of 10% per annum until paid. Town agrees that when a check is sent to County in payment of previously disputed charge, Town will attach an invoice detailing what specific charges are being paid. Town agrees that when funds are withheld due to a disputed charge, the specific charge being disputed, and the amount of payment being withheld, will be specified on an invoice attached to the payment check for the period in which the charge disputed was included. Town agrees to attach to each check submitted to County an invoice indicating the dates for which that check is to be applied. I1. This Agreement shall cover the time period from December 1, 2009 through and including November 30, 2010. This Agreement may be extended for four {4) additional one (1) year periods or any portion thereof. Any extension of this Agreement shall be by written amendment executed by the governing bodies of the parties. 12. Neither party shall be obliged to the other party for any costs incurred pursuant to this Agreement, except as herein provided. 13. Nothing in this Agreement shall be construed as either limiting or extending the statutory jurisdiction of either of the signing parties hereto. Regular Council Meeting -December 15, 2009 -Page 66 of 158 EXHIBIT A 14. To the extent permitted by law, each party agrees to indemnify, defend and save harmless the other, their appointed boards and commissions, officials, employees and insurance carriers, individually and collectively from all losses, claims, suits, demands, expenses, subrogation, attorney's fees or actions of any kind resulting from all personal injury including bodily injury and death, .and property damage occasioned during the term of this Agreement for acts or omissions of such party, its agents, officials, and employees. Each parry represents that it shall maintain for the duration of this Agreement, policies of public liability insurance covering all of their operations undertaken in implementation of this Agreement, providing bodily injury limits of not less than Five Hundred Thousand Dollars ($500,000) for any one person, of not less than One Million Dollars ($1,000,000) for any one occurrence, and property damage liability to a limit of not less than One Hundred Thousand Dollars ($100,000). The parties may fulfill the obligations of this Article by programs of self-insurance equivalent in coverage. 15. The parties agree to be bound by arbitration, as provided in Arizona Revised Statutes, § 12-1501 et. seq•, to resolve disputes arising out of this Agreement where the sole relief sought is monetary damage of $50,000 or less, exclusive of interest and costs. 16. Notwithstanding any other provision in this Agreement, this Agreement may be terminated with thirty days notice, if for any reason the Pima County Board of Supervisors does not appropriate sufficient monies for the purpose of maintaining this Agreement. In the event of such cancellation, County shall have no further obligation to the Town other than for services already provided. 17. Either party may, at any time and without cause, cancel this Agreement by providing ninety (90) days written notice of intent to cancel. 18. This Agreement is subject to cancellation for conflict of interest pursuant to the provisions of ARS § 38-511. 19. Each party to this Intergovernmental Agreement shall comply with all federal, state, and local laws, rules, regulations, standards, and Executive Orders, without limitation to those designated within this Agreement. The laws and regulations of the State of Arizona shall govern the rights of the parties, the performance of this Agreement, and any disputes hereunder. Any action relating to this Agreement shall be brought in a court of the State of Arizona in Pima County. Any charges in the governing laws, rules, and regulations during the terms of this Agreement shall apply, but do not require an amendment. 20. TOWN and COUNTY will not discriminate against any TOWN or COUNTY employee, client or any other individual in any way involved with the TOWN or COUNTY, because of race, age, creed, color, religion, sex, disability or national origin in the course of carrying out duties pursuant to this Intergovernmental Agreement. TOWN and COUNTY agree to comply with the provisions of Arizona Executive Order 99-4, which are incorporated into this agreement by reference as if set forth in full. Regular Council Meeting -December 15, 2009 -Page 67 of 158 EXHIBIT A 21. Each party shall comply with 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. Regular Council Meeting -December 15, 2009 -Page 68 of 158 EXHIBIT A 22. This document constitutes the entire Intergovernmental Agreement between the parties and shall not be modified, amended, altered or changed except through a written amendment executed by the parties' governing bodies. SIGNED AND ATTESTED THIS ATTEST: Town of Marana Clerk ATTEST: Clerk, Board of Supervisors Date APPROVED AS TO FORM AND LEGAL AUTHORITY: Town of Marana Attorney DAY OF , 2009. TOWN OF NiARANA, a municipal corporation Mayor PIMA COUNTY, a body politic Chair, Board of Supervisors Date APPROVED AS TO FORM AND LEGAL AUTHORITY: Deputy County Attorney Legal authority: ARS § 1 i-201, ARS § 11-951 through 954, Regular Council Meeting -December 15, 2009 -Page 69 of 158 11555 W. CHIC CENTER DRNE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, December 15, 2009, 7:00:00 PM To: Mayor and Council From: T VanHook ,Community Development Director Strategic Plan Focus Area: Community Building Item C 6 Subject: Resolution No. 2009-202: Relating to the Police Department; authorizing the execution of a grant agreement with the Arizona Criminal Justice Commission for funding Marana's participation on the 2009-2010 Southern Arizona DUI Task Force Discussion: Marana participates in the Southern Arizona DUI Taskforce ("Taskforce") under an Intergovernmental Agreement with Tucson, Pima County, and other area agencies. Taskforce deployments coincide with major holidays and special events like Rodeo Week and the prom graduation season. The Taskforce coordinates a regional DUI abatement effort that includes both enforcement and media coverage targeting holiday partiers. DUI Taskforce deployments allow the Marana Police Department to increase the number of officers on the roads by providing additional staffing to targeted DUI enforcement in trouble areas without reducing the department's ability to respond to calls. Each deployment utilizes two (2) to four (4) officers on an eight (8) hour shifts for a total of 32 hour of overtime. Coordinated efforts between the Marana Police Department and the Taskforce to reduce the number of impaired drivers along the I-10 corridor and other targeted areas within the Town of Marana have been extremely successful and Town officials recognize the value of deployments. The grant award from the Arizona Criminal Justice Commission through the Oversight Council on Driving or Operating Under the Influence Abatement initiative offers Marana the ability to be active on a regional basis and play its part to save lives and provide safer roadways for its neighbors, friends, and visitors. The $18,043 award will cover overtime wages ($14,500) and employee related expenses ($3,500) for officer overtime expense. As a participant on the Taskforce, Marana will be responsible for reporting statistics to the Arizona Department of Transportation related to deployments, and the blood alcohol content test results of each driver involved in a fatal cash . Financial Impact: This Grant Agreement provides funding for overtime and ERE. The cost of operating vehicles and other deployment costs are not covered by the funding. ATTACHMENTS: Regular Council Meeting -December 15, 2009 -Page 70 of 158 Name: Description.: Type: ~ Police -DUI Abateme...nt Resolution 2009-24010.doc ACJC DUI Taskfarce Resoiution 2009-2010 Resolution Staff Recommendation: Staff recommends approval for the execution of a grant agreement with the Arizona Criminal Justice Commission for funding of Marana's participation on the 2009-2010 Southern Arizona DUI Task Force. Suggested Motion: I move to adopt Resolution No. 2009-202, authorizing the execution of a grant agreement with the Arizona Criminal Justice Commission for funding of Marana's participation on the 2009- 2010 Southern Arizona DUI Task Force. Regular Council Meeting -December 15, 2009 -Page 71 of 158 MARANA RESOLUTION N0.2009-202 RELATING TO THE POLICE DEPARTMENT; AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT WITH THE ARIZONA CRIMINAL JUSTICE COMMISSION FOR FUNDING MARANA'S PARTICIl'ATION ON THE 2009-2010 SOUTHERN ARIZONA DUI TASK FORCE WHEREAS, the Town of Marana recognizes its duty to protect its citizens through effective police powers; and WHEREAS, the Marana Police Department is working to reduce the number of DUI related collisions in the region; and WHEREAS, the Marana Police Department is working to increase enforcement to reduce the number of impaired drivers on Arizona roadways; and WHEREAS, The Arizona Criminal Justice Commission has awarded the Marana Police Department a grant to help further these goals; and WHEREAS, grant funding will support overtime pay for police officers during a period from November 15, 2009 to June 30, 2010. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, the Town Manager is authorized to execute the Grant Agreement to overtime pay for police officers related to Southern Arizona DUI Taskforce. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF " MARANA, ARIZONA, this 15th day of December, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -December 15, 2009 -Page 72 of 158 ~~~. ~r ~a.,. 4....... 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, December 15, 2009, 7:00:00 PM To: Mayor and Council From: Keith Brann ,Town Engineer Strategic Plan Focus Area: Commerce Item C 7 Subject: Resolution No. 2009-203: Relating to Real Estate; reclassifying and designating a portion of Marana Heritage Park as "Heritage Park Drive Extension" public right-of-way Discussion: A portion of public land at Marana Heritage Park is proposed for reclassification and designation as public right-of-way to provide additional public access for the neighboring Heritage Park Shopper commercial center. The proposed right-of-way is legally described and depicted in Exhibits A and A-1 to the resolution. In exchange for the reclassification parcel, the Heritage Park Shopper developer is dedicating parcels to the Town for expansion of the Marana Heritage Park, as shown on the Heritage Park Shopper final plat (which is also on tonight's agenda). Financial Impact: This reclassification has no financial impact to the Town. The developer of the Heritage Park Shoppes is responsible for the costs of construction and related improvements within the reclassification area, as provided in the General Notes of the final plat of the Heritage Park Shoppes. ATTACHMENTS: NaTne: Description: Type: ^ Heritage Park Drive P3rk_to ROW (00018427},DEG Reso reclassifying Heritage Park land to RW Resoluticn C Resa_Exhibit_A,_A-i.pdf Resolution Exhibit A & A-7 (Legal Desc & Depiction} Exhibit Staff Recommendation: Staff recommends adoption of Resolution No. 2009-203. Suggested Motion: I move to adopt Resolution No. 2009-203, reclassifying a portion of the Marana Heritage Park to Heritage Park Drive Extension public right-of-way. Regular Council Meeting -December 15, 2009 -Page 73 of 158 MARANA RESOLUTION N0.2009-203 RELATING TO REAL ESTATE; RECLASSIFYING AND DESIGNATING A PORTION OF MARANA HERITAGE PARKAS "HERITAGE PARK DRIVE EXTENSION" PUBLIC RIGHT- OF-WAY WHEREAS, the Town desires to reclassify and designate a portion of Marana Heritage Park as public right-of--way named Heritage Park Drive Extension, to provide legal access to Heritage Park Shoppes and the park. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, Arizona, as follows: SECTION 1. That portion of Marana Heritage Park legally described and depicted in Ex- hibit Aand A-1, respectively, attached to and incorporated by this reference in this resolution. is hereby reclassified and designated as part of the Heritage Park Drive Extension publicright-of--way. SECTION 2. The Town Engineer is hereby authorized to take all actions and execute all documentation necessary to carry out this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15~' day of December, 2009. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regular Council Meeting -December 15, 2009 -Page 74 of 158 "" 1 is RESpI-.UTIpN EXH! E3fT "q" artGWEERING CQMPANY - LEGAL DESCRIPTION A PORTION OF BLOCK wA° OF GLADDEN FARMS BLOCKS 1 THRU 25 AND A THRU F, A SUBDMSION RECORDED IN BOOK 55 OF MAPS AND PLATS AT PAGE 60, RECORDS OF PIMA COUNTY RECORDER, ARIZONA, LYING WITHIN SECTION 34, TOWNSHIP 11 SOUTH, RANGE li EAST, GILA AND SALT RIVER MERIDIAN, ARIZONA, DESCRIBED AS FOLLOWS; BEGINNING AT THE MOST NORTHERLY CORNER OF BLOCK 25 OF SAID GLADDEN FARMS, ALSO BEING AN ANGLE POINT IN THE BOUNDARY LINE OF SAiD BLOCK ~A" ON THE SOUTHERLY RIGHT OF WAY LINE OF TANGERINE FARMS ROAD; THENCE SOUTH 40°55'44" WEST 336.44 FEET UPON THE COMMON LINE OF SAID BLOCK °A" AND BLOCK 25, TO A NON TANGENT CURVE CONCAVE EASTERLY, THE RADIUS POINT OF SAID CURVE BEARS NORTH 57°45'22" EAST; THENCE NORTHERLY UPON-THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 252.00 FEET AND A CENTRAL ANGLE OF 80°29'05", FOR AN ARC DISTANCE OF 353.99 FEET TO A TANGENT LINE; THENCE NORTH 48°14'27" EAST 83.8$ FEET TO SAID SOUTHERLY RIGHT OF WAY LINE OF TANGERINE FARMS DRIVE, ON A NON TANGENT CURVE CONCAVE NORTHEASTERLY, THE RADIUS POINT OF SAID CURVE BEARS NORTH 48°5T47" EAST; THENCE SOUTHEASlFRLY, UPON SAID RIGHT OF WAY LINE, UPON THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 4125.00 FEET AND A CENTRAL ANGLE OF 02°19'38", FOR AN ARC DISTANCE OF 167.54 FEET TO THE POINT OF BEGINNING. CONTAINING 49,993 SQUARE FEET OR 1.14$ ACRES, MORE OR LESS. G:~GiADDf~4~3699_bltc25\4egats\3699LGD2_PORIION_BLK A.doc REVISED 2JIi/D9 Zszsa ' ~.~ 0 xP~,.e$ st3a~ PAGE 1 OF 2 1745 East River Road • Suite 101 • Tucson • Arizona • 85718 • (520} 795-1000 • Fax: (520) 322-6956 • www.rickengineeriugcom Regular Council Meeting -December 15, 2009 -Page 75 of 158 RESOLUTION EXHIBIT "A-~" ~~1D ~ 7 (~ ~~a~K ~'__~K v~ ~~ v.,_ , i " = 150` _~ ~ ~~ P a `~Q~P~1 ~'~~/ P~ti ~o'`%~~ 0 ~~ ~~J> BLOCK 25 DEVELOPMENT PLAN SHOWN FOR REFERENCE ONLY v `~ ~ ~~ ~~ %~ ~~ P~ z 0 ° W W 0 ~I N_ ~~ Q~ -rt N rn c~ °z LINE TABLE z NAME DIRECTION LENGTH ~ m ~I L1 S 40°55`44" W 336.44 ~ L2 N 48°14'27" E 83.88 CURVE TABLE .NAME DELTA RADIUS ARC C1 80°29'05" 252.00 353.99 C2 2°19'38" 4125.00 167.54 C3 0°36'31" 4125.00 43.82 1745 EAST RIVER ROAD - SUffE 101 TUCSON, AZ 85718 520.795.1000 fG1idE6RIIdG OMPANY (FAX)520.3226956 G: \GLADDEN~3699_b I k25v eaa i s~3sg9~ca~ Poor ~ onl AI K a_ dan i SI~EC 3Q FND1~2' REBAR WITH TAG "RLS 17475" PAGE 2 OF 2 II-FEB-2aa .. ~ ~~ M~~~'~~~` -, ``.: ,~-.; ~~ ~\ Regular Council Meeting -December 15, 2009 -Page 76 of 158 REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, December 1, 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 REGULAR COUNCIL MEETING. CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 7:00 p.m. All Council were present except Council Member Comerford, who was excused. PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA. Motion by Dice Mayor Kai, second by Council Member McGorruy, to approve the agenda as amended by removing Item C4 and deleting the emergency clause from Ttem CS. Passed unanimously. CALL TO THE PUBLIC. Ceth Johnson spoke regarding a positive experience he had with a Marana staff member, Janine Spencer, from the Environmental division. Richard DeBernardis, on behalf of Perminter Bicyling Assin and executive directior of Tour of Tucson Mountains, spoke regarding the recent El Tour de Tucson. He thanked the Council for their support and announced what a success it was, especially the great work of the Marana Police Department. Council Member Clanagan commented on the race as well. Phyllis Fairenga spoke regarding the bankruptcy filing of Saguaro Ranch . She also noted issues with Marana Estates and noted that she was still looking forward to a meeting with town staff in that regard. Tim Blowers and Steve Blomquist spoke regarding their issues with Saguaro Ranch and the town's involvement with that project. Sharyl Cummings spoke regarding recent activities at the Saguaro Ranch/McClintock's project, and handed out copies to Council of a Complaint she and Steve Blomquist filed against the town today in the US District Court of Arizona. PRESENTATIONS Regular Council Meeting -December 15, 2009 -Page 77 of 158 P 1: Presentation: Marana Chamber 2009 3rd Quarter Report. Ed Stolmaker reported and showed slides of his recent trip to China with other Chamber members. Council Member Ziegler asked if she could get updates on Marana businesses that closed or were closing. ANNOUNCEMENTS/UPDATES PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS. Council Member McGorray reported on the recent contest between the Mayor and Congresswoman Gabrielle Giffords to get food and money for the Marana Food Bank. Mayor, Honea reported on several items: the Marana Food Bank contest with Congresswoman Giffords; the open house for Habitat for Humanity in Honea Heights with the Ransom family; a ULI event at the Ritz Carlton; the State of the UA Address by President Shelton; the official tree lighting and Twinkle Parade on December 5; articles in golf magazines about the two best golf courses in the state being The Gallery and at the Ritz Carlton; and. the Regional Transportation Symposium he attended. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS. Mr. Davidson reported that there would only be one more Council meeting. in 2009 but that there would be a study session in January. Deb Thalasitis reported on the transit service, noting that there were 785 riders on the Marana route in its first month. STAFF REPORTS GENERAL ORDER OF BUSINESS CONSENT AGENDA. Upon motion by Council Member Post, second by Vice Mayor Rai, the Consent Agenda was approved as amended by removing C 4 and deleting the emergency clause from C S. Council Member McGorray abstained from the vote on C 3. Passed unanimously. C l: Resolution No. 2009-1:92: Relating to the Police Department; approving and authorizing the Chief of Police to execute a Tactical Diversion Task Force Agreement between the Marana Police Department and the United States Department of Justice, Drug Enforcement Administration regarding investigation and disruption of illegal trafficking in controlled substance pharmaceuticals and other chemicals C 2: Resolution No. 2009-193: Relating to the Police Department; approving and authorizing full execution of a grant agreement with the Governor's Office of Highway Safety funding a new motorcycle under the Police Traffic Services Program (U.S. Code, Title 23 Section 402) Regular Council Meeting -December 15, 2009 -Page 78 of 158 C 3: Resolution No. 2009-194: Relating to Community Development; granting $2,000 to the Community Food Bank, Inc. an Arizona 501(c)(3) non-profit organization to support Marana Food Bank programs for Marana senior citizens, youth, and families C 5: Resolution No. 2009-195: Relating to Finance; approving the transfer of $250,000 in budgeted expenditure authority from the General Fund contingency line item to the uninsured loss line item for the partial payment of the settlement of the case entitl ed>United Fire & Casualty Company v. Pima County, Case No. CV 08-381-DCB, involving sewer installation and connection within Honea Heights C 6: Minutes of the November 17, 2009 regular counciltneetng COUNCIL ACTION A 1: Ordinance No. 2009.07: Relating to Development; clarification of Town Council added condition pertaining to the rezoning approximately 4.8 acres of land located on the east side of Breakers Road easement, approximately_one-third of a mile south of Tangerine Road from `C' (Large Lot Zone) to `HI' (Heavy Industrial) for Advantage Materials. Presented by Kevin Kish. He noted that the Planning Center on behalf of the applicant had requested clarification of a Council added conditions at the May 21, 2009 Council meeting. The applicant has concerns with Condition 11 regarding "stockpiled sand, gravel, dirt and dirt materials shall be removed from the rezoning area not. later than June 20, 2010, and no processing of these materials shall occur on the rezoning area from or after that date." He stated that the applicant and the owner believe that the wordinpof the condition does not accurately reflect what the Council's was at that meeting and want to come back for clarification. He also noted that there were two motions in the staff recommendations -one to readopt the ordinance with the working as is, or to modify or change. the wording. Council Member Clanagan asked what part of the paragraph didn't the applicant understand: Mr. Kish reported that it was the issue about processing and storage and clarified the details. Mayor Honea asked the applicant to come forward. He stated that he remembered the discussion that the HI zoning wouldn't have been approved had the applicant not agreed to the additional requirements that were put on. One of the reasons being is that Council didn't want someone crushing rock in that area - it did not fit well in that neighborhood. He stated that in reading the minutes, Council wanted the dirt out of there and it wasn't set up as anabove-ground gravel pit, which is basically the operation that the applicant is trying to do. The reason the wording was put in there was to eliminate that. It seems the applicant is coming back to ask to relieve them of that - is that correct? Jack Neubeck, the Planning Center, replied that that was incorrect. The condition 10 which was read into the record, condition 11 which is what they are asking for clarification on, was not read into the record. When Bob Connant, who was representing the property on that evening - he never got any endorsement from the applicant. This business is gone without being able to recycle - and I think it is recycling of materials. Ninety percent of that pile that is there is from Saguaro Ranch. They excavated, they put in the utilities, they come in, they Regular Council Meeting -December 15, 2009 -Page 79 of 158 separate the materials. The only processing that they do would be to grind rock and make it into a smaller, more manageable size. And I would say that Marana Code -heavy industrial - the purpose - and I just want to read this "The purpose of the HI zone is to provide for those employment activities that often require outdoor activity and/or storage. It is also the purpose to provide employment opportunity." Then if you go further into it -processing is a maj or part of this zone. If the Town Council had not intended to put these people out of business- that's fine, but why were we required to do an HI zone which, if you look at the other zones in the area -this would be giving an undue disadvantage to this property (pointing to property on overhead projector). Other properties that have HI zoning, there's no restriction on them. There's no restriction on Hayden. He emphasized that they were recycling and in the future they would like to recycle construction materials. The preliminary development plan shows a building on the property that would be 35 feet in height. This pile is not 35 feet in height. Steve Miklosi at the Planning and Zoning Commission stated that they have been good neighbors to The Breakers water park. So for the Council to say it's not conducive to this area, if you look at other businesses and Marana's General Plan, by doing this you (the Council) are-putting these people out of business. Until this came to the (new) owners, they had no idea this condition was this restrictive. He asked if it could be rephrased as to the process, stating that there was a disconnect on this. He is willing to work with town staff on coming up with better language. Council Member Clanagan proposed that Mr. Neubeck work ~~~ith staff to come up with some amenable language so that the goals of the applicant......we've got an either/or motion here......Mr. Neubeck stated he thought everyone could do better. Council Member Ziegler stated that she wasn't present when it was voted on in May and in reading the materials it's still not clear what we (fhe Council) did, so she would rather not take a vote tonight until she better. understands. Vice Mayor Kai stated that Mr. Mikilosi wasn't able to be at the meeting tonight, and he did talk tohim and he's trying to be a good neighbor, but he did have some concerns'with the outdoor activities going on with the processing that could disrupt what he's. trying to do, too. Perhaps the code needs to be re-looked at by staff to see what is allowed and what's not allowed. In his opinion, it's not an acceptable use having the processing activities near where the children are. Mr. Neubeck argued that it's a definition of processing that could be of concern. The issue of grandfathered rights and uses on the various adjacent properties was also discussed between the Vice Mayor and Mr. Neubeck. Mr. Neubeck stated that they could have gone for a significant land use change which would have been less complicated, but at the town staff's recommendation, they went for the HI, and he cautioned that if there is an HI zone and you have surrounding properties that have HI zoning, to prohibit one property from doing something that the other properties can do, that's a very slippery slope. The Mayor asked to go back to the zoning slide. It was recognized that the property was formerly C zone, and when HI came before Council, Council was ready to vote `no.' Mayor Honea reviewed previous discussion at the May 21St meeting. He recollected that the property owners had requested a zoning change and the Council didn't think that would work. Further discussion ensued as to which conditions had been read into the record at the May 21St meeting. Mayor Honea asked whether Council wanted to send this back or vote on the issue. Regular Council Meeting -December 15, 2009 -Page 80 of 158 Council Member Clanagan made a motion to direct staff to work with Mr. Neubeck and his client on seeing what can be agreed upon, taking into consideration the information and concerns of various members of Council that were part of the record back in May -- take all of that into consideration and come bacl~ Second by Council Member Ziegler. Motion passed 4-2 with Dice Mayor gai and Council Member McGorray voting nay. A 2: Ordinance No. 2009.24: Relating to the Police Department; amending Town Code Section 4-1-4 ("Departmental Rules and Regulations") to eliminate the requirement for Town Council approval of Marana Police Department rules and regulations and- o establish that police department rules and regulations shall be in compliance with federal and state law, the Town Code and Town ordinances, policies, directives, rules and procedures; and declaring an emergency . Presented by Jane Fairall. She noted that the police department maintains a procedures and policies manual that guides the direction of the`police department. This manual contains policies regarding a wide range of topics and things that are very broad like mission and values and conduct of conduct to things that are very specific such procedures for dispatching canines, how to deal with Africanized honey bees, use of force in certain specific situations, so it covers a broad range of polices and procedures. it also covers property and evidence, communication and records of the police depamnent. Town Code Section 4-1-4 stated that the police chief is charged with implementing rules and procedures with the approval of the town council. The proposed ordinance removes the language that requires council approval of these department policies and`allow the chief of police to implement these policies directly. The ordinance does not give free reign to whomever the chief is to implement any policy that he or she may want. The ordinance..places the responsibility of the chief of police to ensure that policies are in<compliance with state, federal and local law, including personnel policies and directives, rules and procedures that: he town council or the town manager have put forward to make sure that if a policy that's in the PD manual that's touching on the same subject that there is already a town rule for, it can't'be in conflict with that existing rule. Ms. Fairall worked with Chief Tometich on a PD manual to address the policy of procedures. That will be completed based on the outcome of the information from tonight's meeting. That policy will,require the police department, the chief or his designee, when developing new or revising existing policies, other departments within the town are also reviewing these items, -such as by Human Resources for personnel issues; for the disposition of property by the police department, Finance would be involved. The Legal department would be involved in reviewing the policies to make sure they are in compliance with town rules and procedures. Mayor Honea asked if this exempted police personnel from the regular town code. Ms. Fairall replied that it did not, it supplements town code and town policies. Council Member Clanagan asked for clarification on which departments will be reviewing. Ms. Fairall clarified that Legal would review all policy changes. Upon motion by Council Member McGorray, second by Council Member Clanagan, the item was approved unanimously after a roll call vote. Regular Council Meeting -December 15, 2009 -Page 81 of 158 A 3: Resolution No. 2009-196: Relating to Intergovernmental Relations; authorizing and directing those authorized to lobby on behalf of the Town of Marana to represent and pursue the Town of Marana 2010 Arizona State Legislative Agenda Priority Issues. Presented by Steve Huffman. He noted that this is the annual resolution that is done to direct those folks working on behalf of the town as to policy decisions and directions of the Council. In Section 2, it lays out some general principles of the town regarding interaction with the state such as supporting local control, giving local ability to make decisions avoiding cost-sifting. Section 3 gets into issues of concern to the town and protecting cities and towns shared revenue tax cuts, opposing cost shifting, supporting economic development programs to preserve access to water resources, supporting the housing trust funds and renewable energy sources. This resolution is significant because of policy the town has already laid out. Motion by Council Member McGorray, second by Council Member Post. Passed unanimously 6-0. .~ A 4: Resolution No. 2009-197: Relating to Utilities; adopting a notice of intention to increase water rates, rate components, fees and service charges, and setting a January 5, 2010 public hearing on the proposed adoption. Presented by Dorothy ;O'Brien. After a brief review of this item citing the earlier rate increase that occurred and noting that Council had requested a more frequent update of this item, she introduced Dan Jackson from economists.com to give the presentation. She also noted that the rate study had been filed with the Town Clerk and a copy was available for public viewing. Mr. Jackson highlighted the geographic challenges of integrating several systems which are being addressed through the Master Plan and the cost of resource acquisition for replenishment. He reviewed current monthly residential water rates, a monthly charge comparison based on 10,000 gallons used, the forecast for future increases, the historical forecast for new water accounts and the cost of service. He then discussed groundwater resource acquisition and development_fees and related costs, the proposed water rate plan and the impact of the rate plan on monthly charges based on water usage. Although water resources are available, they cost more to develop. The acquisition costs are the primary factors driving the needs for the rate adjustments. Most residential ratepayers will experience an increase of $3 to $5 a month under this plan. Under the plan, the town is requesting the ratepayers pay only what it costs them to provide the service. If you charge less than the recommended rates then you'll require the general fund to subsidize the water and sewer fund. Ended by recommended that adopting these increases are in the best interests of the town. Mayor Honea asked: for questions from the Council. Council Member Post asked about statistics on slide 7. Are Chase increases based on the current customer base or on an increased customer base? Mr. Jackson replied that it assumes a very modest growth rate that was included in the prior slide. The customer base is larger in 2019 than in 2010 and that is one of the factors that go into the projection of future water costs. Council Member Post wanted to know if the water companies that were purchased by the town -did that put the town into the replenishment obligation? Ms. O'Brien stated that the rules under the State Department of Water Resources requires replenishment of what's been withdrawn. Whether or not water companies previously met the rules or not, she was not sure and would have to research that information. She noted that the town is replenishing now but would not comment on what CAP has incurred or would be incurring for repair and. maintenance schedules. Vice Mayor Kai Regular Council Meeting -December 15, 2009 -Page 82 of 158 noted that the replenishment obligation came from the Department of Water Resources (in 1980) to balance the basin so that the majority users were not mining water. Council Member Post noted that he didn't want to buy any more water companies that don't have a replenishment obligation. David Morales spoke regarding his concerns that the rate increases be equitable for all users. and that regardless of whether use is small or large, the water still has to be replenished and flat rates don't necessarily inspire conservative use. Council Member Post asked if the replenishment fee required on commercial accounts? That is correct. If a commercial account does use 500,000 gallons, they're just going to pay the $.30 replenishirrent fee as well, is that correct? Ms. O'Brien stated that they would pay the water resource acquisition fee. Mr. Morales if this was straight across or based on volume? Ms. O'Brien replied that fora 50,000 gallon user, the base rates that were for the minimum charge is the same. What is recommended for the volume charges is the same. The first 1,400 gallons which was originally included in the base rate is no longer included, and that ever~ody pays the $"30 ground water resource acquisition fee on a per gallon basis no matter what rate you fall into: Mayor Honea noted that at 50,000 the commercial would pay tote same as Mr. Morales. If you get higher than that, it might be less. They pay more up front. Upon motion by Council Member Ziegler, second by Council Member Clanagan, passed unanimously 6-0. BOARDS, COMMISSIONS AND COMMITTEES ITEMS FOR DISCUSSIONIPOSSIBLE ACTION D l: Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature. Steve Huffman noted that one significant thing happened. The League of Cities and Towns made their argument before the Supreme Court on HB 2008 passed in the third special third.session. The League has been challenging that bill because the Legislature had been piling different bills.. into it, some of which had died during the regular session. The Constitution currently requires that the bill be written on a single subject rather than multiple subjects. The League is specifically concerned about the provisions making it a criminal penalty if an employee of a town does not collect proper documentation proving citizenship It also contains provisions putting atwo-year moratorium on impact fee increases, construction sales tax increases. So the League made their arguments today violated the single subject clause of the Constitution."They asked in closed session for a stay on those provisions of the bill. He expects a ruling from the Supreme Court on Wednesday. He will continue to let Council know of impacts from that on the town. Council Member Ziegler commented on the article regarding the proposed bill to donate to the state of Arizona. EXECUTIVE SESSIONS E l: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. Regular Council Meeting -December 15, 2009 -Page 83 of 158 E 2: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning possible acquisition of certain water infrastructure and accounts and water rights and/or resources E 3: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131, (2) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana FUTURE AGENDA ITEMS Notwithstanding the mayor's discretion of what items to place on tl~e 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. Motion by Council Member McGorray, second by Council Member Clanagan. Passed unanimously. CERTIFICATION I hereby certify that the foregoing arc the true and correct minutes of the Marana Town Council meeting held on December 1, 2009. l furthercertify that a quorum was present. Jocelyn' C. Bronson, Town Clerk Regular Council Meeting -December 15, 2009 -Page 84 of 158 ~'~~'~ 1 r 1~~~ L T'O~/ O! YIYY 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCII. CHAMBERS, December 15, 2009, 7:00:00 PM To: Mayor and Council From: Lisa Shafer ,Assistant Planning Director Strategic Plan Focus Area: Commerce Item A 1 Subject: PUBLIC HEARING: Ordinance No. 2009.26: Relating to Development; approving a rezoning for Northwest Commerce Park of approximately 53.5 acres of land located south of Ina Road and west of Thornydale Road on both sides of Regency Plaza Street Discussion: Rezoning Request The Planning Center, on behalf of Alta Vista Communities V, LLC, requests approval for a change in zoning on 53.5 acres to develop an industrial business park that will consist of up to 31 pads of varying size. This site is located south of Ina Road and west of Thornydale Road on both sides of Regency Plaza Street. The applicant proposes a change of zoning from "MR-2" (Multi-Family Residential - Medium/High Density-25.4 acres) and "VC" (Village Commercial-28.1 acres) to "HI" (Heavy Industrial). The land directly west of the site is zoned "HI" with a small portion zoned "R-36" (Residential - 36,000 square foot minimum lot size) on Jeremy Place. The land north of the project is zoned "VC" (Village Commercial) and to east it is zoned "NC" (Neighborhood Commercial). The land uses surrounding the site vary. To the west of the project, off of Camino Martin, it has developed into an industrial area. The properties to the north include the large scale commercial stores Lowe's and Target. The property to the east is currently vacant. The Canada del Oro Wash is directly to the south. The Heavy Industrial zoning has been requested by the applicant in order to accommodate a wide range of potential uses. The prohibited uses for this development will also include all of the prohibited uses in the Light Industrial zoning category to ensure development that is comparable to the existing surrounding businesses. The Tentative Development Plan (TDP) calls for a total of 31 individual lots ranging from 1.0 to 2.25 acres for commercial/industrial use. There is also an alternative plan with 71ots planned that will provide the space necessary for larger scale businesses if needed. The TDP is in substantial conformance with current Marana Land Development Codes and the proposed zoning district requirements. Marana General Plan The Future Development Plan within the Town of Marana General Plan designates Regular Council Meeting -December 15, 2009 -Page 85 of 158 approximately half the subject property as Industrial (I) and the remaining area as Commercial (C). The Commercial designation is characterized by a wide range of commercial uses ranging from neighborhood to regional scale commerce, office development, medical complexes and research centers. The Industrial designation is intended to provide locations for a wide range of light and heavy industrial uses, including major employment centers, light industrial uses, research and development activities, offices and institutions. Adoption of this rezoning will include a minor amendment to the Marana General Plan. A portion of the project will change from the General Plan Land Use designation "C" (Commercial) to "I" (Industrial). The amendment will align the appropriate General Plan designation with the proposed overlying zoning designation. With the minor amendment, this rezoning will be will be in conformance with the General Plan. Access and Circulation The proposed development will have multiple access points off of Regency Plaza Street which is connected to Ina Road to the north and Thornydale Road east of the project. Parce131 shown on the TDP will have access provided by Camino Martin. The applicant has agreed to dedicate a 60' wide portion of land for future right-of-way to connect Jeremy Place to Regency Plaza Street if future Traffic Impact Analysis reports deem additional traffic routes necessary. Infrastructure The proposed development will connect to an existing sewer line located along Regency Plaza Street and along the western boundary of the site. A sewer service agreement will be required. The applicant is currently working with Tucson Water to obtain water service for this. development. Fire Protection The property is within the Northwest Fire District. Public Notification A public notice for the hearing was published in the newspaper as well as posted at various locations around the Town. In addition, public hearing notification letters were sent to all owners. of properties within 300 feet of the site. A formal neighborhood meeting was held on November 09, 2009 with no attendance. To date, staff has not received any calls or letters from residents with concerns. Waiver of Potential Arizona Property Rights Protection Act Compensation Claims To protect the Town against potential claims filed under the Arizona Property Rights Protection Act as a result of changes in the land use laws that apply to the rezoning areas by the Town's adoption of this ordinance, staff requires the applicant waive any rights to compensation for diminution in value by execution and recordation of the 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 does not forward the waiver in time to record it within 90 days after the ordinance is passed, the ordinance becomes null and void, as if no action were ever taken to pass the ordinance. ATTACHMENTS: Name: Description: Type: ^ ORD_Northwest Gammerce Park Rezoning (0001.8462}.DOG. ORD Northwest Commerce Park Ordinance Rezoning ^ NWGR Ttle..pdf Exhibit A Exhibit ^ PCZ- Backup ~ p 09029_Northwest_Commerce_Park_Rezonn Pro 207_Waver.DOC Prop. 207 Waiver Material ^ NWGR Application.pdf Applicatian Backup Regular Council Meeting -December 15, 2009 -Page 86 of 158 Material Backup ^ NW_Gommerce Rezone Location Map,pdf Location map Material Staff Recommendation: The proposed rezoning is consistent with the Town of Marana General Plan and applicable land development regulations. If approved, staff recommends the following conditions be added: 1. Compliance with all provisions of Towns Codes, Ordinances, and policies of the General Plan current at the time of development including, but not limited to, requirements for public improvements. 2. No lot split of any kind is allowed within the Rezoning Area without the written consent of the Town of Marana. 3. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation or relieves the Developer, applicant or land owner from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. Appropriate experts should be retained and appropriate federal and state agencies should be consulted to determine any action necessary to assure compliance with applicable laws and regulations. 4. The Developer shall adhere to the Commercial Design Standards found in Title 8 of the Land Development Code for all commercial development. 5. The Developer shall adhere to the Commercial Design Standards Section B.3 found in Title 8 of the Land Development Code for industrial development. 6. Uses prohibited in the Light Industrial zoning category of the Land Development Code are prohibited on the Rezoning Area. 7. The Developer will dedicate 60 feet of land for future right-of-way for connection to Jeremy Place if deemed necessary based on review of future traffic impact analysis by the Traffic Engineering Department. 8. The Developer shall design and construct the following, as part of the future platting, development plans and improvement plans for the Rezoning Area, all of which shall be operational prior to the issuance of certificate of occupancy for any structure on the Rezoning Area: A. An eastbound right-turn lane on Ina Road at Regency Plaza Street, with all appropriate signs and pavement markings. B. A southbound right-turn lane on Thornydale Road at Regency Plaza Street, with all appropriate signs and pavement markings.. C. A raised concrete traffic island on the Regency Plaza Street approach to Ina Road to prohibit the northbound left and through. movements on that approach, with all appropriate signs and pavement markings. D. A directional median opening (with all appropriate signs and pavement markings) on eastbound Ina Road to accommodate only eastbound u-turns at that location. The new median opening will be built in the approximate area shown in the Town-accepted Traffic Impact Study prepared in support of the Northwest Commerce Park rezoning. The turn lane at the median opening will be designed and built to provide a 175' storage length as recommended in the traffic study. 9. Additional traffic studies shall be required at the development plan stage for this project. The Developer shall be responsible for the design and construction of any transportation improvements determined to be necessary by Town Staff based on the findings of those studies. 10. A sewer service agreement must be submitted by the Developer and accepted by the entity responsible for wastewater management and the Town Engineer prior to the approval of the sewer plan. 11. If it is determined that such rights exist on the Property and are owned by the Developer at the time of the development plan, the Developer or property owner shall transfer with the development plan, by the appropriate Arizona Department of Water Resources form, those rights being IGR, Type I or Type II to the Town of Marana for the Town providing designation of assured water supply and water service to the Property. If Type I or Type II is needed on the Regular Council Meeting -December 15, 2009 -Page 87 of 158 Property, the town and Developer/landowner shall arrive at an agreeable solution to the use of those water rights appurtenant to the Property. Commission Recommendation - if applicable: The Marana Planning Commission held a public hearing on November 18, 2009 and voted unanimously (4-0 with Commissioners Pound, Wood and Schisler excused) to recommend approval to the Mayor and Town Council of the application for rezoning. Suggested Motion: I move to adopt Ordinance Number 2009.26, approving a rezoning for Northwest Commerce Park of approximately 53.5 acres of land located south of Ina Road and west of Thornydale Road on both sides of Regency Plaza Street. Regular Council Meeting -December 15, 2009 -Page 88 of 158 MARANA ORDINANCE N0.2009.26 RELATING TO DEVELOPMENT; APPROVING A REZONING FOR NORTHWEST COMMERCE PARK OF APPROXIMATELY 53.5 ACRES OF LAND LOCATED SOUTH OF INA ROAD AND WEST OF THORNYDALE ROAD ON BOTH SIDES OF REGENCY PLAZA STREET WHEREAS, Alta Vista Communities V, LLC (the "Developer") is the owner of approximately 53..5 acres of property located south of Ina Road and west of Thornydale Road on both sides of Regency Plaza Street in a within a portion of Section 6, Township 13 South and Range 13 East, as described on Exhibit "A", attached to and incorporated in this Ordinance by this reference (the "Rezoning Area"); and WHEREAS, the Marana Planning Commission held a public hearing on November 18, 2009, and at said meeting voted unanimously (4-0, with Commissioners Schisler, Wood and Pound excused) to recommend that the Town Council approve this rezoning; .and WHEREAS, the Marana Mayor and Town Council held a public hearing on December 15, 2009 and determined that the application for rezoning should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: SECTION 1. A minor amendment to the General Plan of approximately 25 acres of the Rezoning Area located north of Ina Road and west of Thornydale Road on both sides of Regency Plaza Street within a portion of Section 6, Township 13 South, Range 13 East, changing the General Plan designation from Commercial to Industrial, is hereby approved. SECTION 2. The zoning of the Rezoning Area is hereby changed from "MR-2" (Multi- Family Residential - Medium/High Density-25.4 acres) and "VC" (Village Commercial-28.1 acres) 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 Towns Codes, Ordinances, and policies of the General Plan current at the time. of development including, but not limited to, requirements for public improvements. 2. No lot split of any kind is allowed within the Rezoning Area without the written consent of the Town of Marana. 3. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation or relieves the Developer, applicant or land owner from responsibility Regulq~~~~~l~e~~i~o Q~~r~er 15, 2009 -Page 89 of 158 _ 1 _ to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. Appropriate experts should be retained and appropriate federal and state agencies should be consulted to determine any action necessary to assure compliance with applicable laws and regulations. 4. The Developer shall adhere to the Commercial Design Standards found in Title 8 of the Land Development Code for all commercial development. 5. The Developer shall adhere to the Commercial Design Standards Section B.3 found in Title 8 of the Land Development Code for industrial development. 6. Uses prohibited in the Light Industrial zoning category of the Land Development Code are prohibited on the Rezoning Area. 7. The Developer will dedicate 60 feet of land for future right-of--way for connection to Jeremy Place if deemed necessary based on review of future traffic impact analysis by the Traffic Engineering Department. 8. The Developer shall .design and construct the following, as part of the future. platting, development plans and improvement plans for the Rezoning Area, all of which shall be operational prior to the issuance of certificate of occupancy for any structure on the Rezoning Area: A. An eastbound right-turn lane on Ina Road at Regency Plaza Street, with all appropriate signs and pavement markings. B. A southbound right-turn lane on Thornydale Road at Regency Plaza Street, with all appropriate signs and pavement markings. C. A raised concrete traffic island on the Regency Plaza Street approach to Ina Road to prohibit the northbound left and through movements on that approach, with all appropriate signs and pavement markings. D. A directional median opening (with all appropriate signs and pavement markings) on eastbound Ina Road to accommodate only eastbound u-turns at that location. The new median opening will be built in the approximate area shown in the Town-accepted Traffic Impact Study prepared in support of the Northwest Commerce Park rezoning. The turn lane at the median opening will be designed and built to provide a 175' storage length as recommended in the traffic study. Additional traffic studies shall be required at the development plan stage for this project. The Developer shall be responsible for the design and construction of any transportation improvements determined to be necessary by Town Staff based on the findings of those studies. 10. A sewer service agreement must be submitted by the Developer and accepted by the entity responsible for wastewater management and the Town Engineer prior to the. approval of the sewer plan. 11. If it is determined that such rights exist on the Rezoning Area and are owned by the Developer at the time of the development plan, the Developer or property owner shall transfer with the development plan, by the appropriate Arizona Deparhnent of Water Resources form, those rights being IGR, Type I or Type II to the Town of Marana for the Town providing designation of assured water supply and water service to the Property. If Type I or Type II is needed on the Regulq~~~e~~~o Q~~r~er 15, 2009 -Page 90 of 158 _ 2 _ Property, the town and Developer/landowner shall arrive at an agreeable solution to the use of those water rights appurtenant to the Rezoning Area. 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(s) and any other party having any title interest in the Rezoning Area, that waives any potential claims against the Town under the Arizona Property Rights Protection Act (A.R.S. § 12-1131 et seq., and specifically A.R.S. § 12-1134) resulting from changes in the land use laws that apply to the Rezoning Area as a result of the Town's adoption of this Ordinance. If this waiver instrument is not recorded within 90 calendar days after the motion approving this Ordinance, this Ordinance shall be void and of no force and effect. SECTION 5. All ordinances, resolutions and motions and parts of ordinances, resolutions, and motions of the Marana Town Council in conflict. with the provisions of this Ordinance are hereby repealed, effective as of the effective date of this Ordinance. SECTION 6. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. PASSED AND ADOPTED by the Mayor and Town Council of the Town of Marana, Arizona, this 15t1i day of December, 2009. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Regulq~~~~l~e~~~o L~g~r~er 15, 2009 -Page 91 of 158 _ 3 _ File No.: 06I6G926-024-iP13 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED 1N THE COUNTY OF PIMA, STATE OF ARIZONA, AND IS DESCRIBED AS FOLLOWS: Parcel 6B-1 (amended) A part of Lot 6 and the Canada del Oro,. THORNYDALE PLAZA, as recorded in Book 26 of Maps and Plats at page 84, Pima County Recorder's Office, Pima County, Arizona, described as follows: COMMENCING at the Northwest corner of said lot; THENCE on a plat bearing of South 00 degrees 14.minutes 25 seconds West along the West line of said lot, a distance of 615.20 feet to the POINT OF BEGINNING; THENCE continue South 00 degrees 14 minutes 25 seconds West along. the said West line, a distance of 1435.70 feet; THENCE North 88 degrees O1 minutes 56 seconds West along the said West line, a distance of 684.01 feet; THENCE South 40 degrees 48 minutes O5 seconds East along the said West line and the prolongation thereof, a distance of 464.44 feet to a line 77.00 feet South of and parallel with the North line of said Canada dei Oro; THENCE North 60 degrees 56 minutes 45 seconds East along the said parallel line, a distance of 1789.18 feet; THENCE North 29 degrees 03 minutes 15 seconds West, a distance of 535.10 feet to a point on the arc of a non tangent curve concave to the Northeast, a radial line of said curve through said point having a bearing of South 14 degrees 01 minutes OS seconds East; THENCE Westerly and Nofthwestet[y along the arc of said curve, to the right, having a radius of 34S.Ofl feet and a central angle of 104 degrees i 5 minutes 30 seconds for an arc distance of 627.78 feet to a point of tangency; THENCE North 00 degrees i4 minutes 25 seconds East, a distance of 75.99 feet; THENCE North 88 degrees 15 minutes 02 seconds West, a distance of 490.00 feet to the PO1NT OF BEGINNING. EXCEPTING THEREFROM any portion lying within the boundaries of land conveyed to Pima County, a political subdivision by Deed recorded in Docket 9620 at page 379, more particularly described as follows: That portion of THORNYDALE PLAZA, as recorded in Book 26 of Maps and Plats at page 84, Pima County Recorder`s Office, Pima Gounty, Arizona, described as follows: COMMENCING at the North One-Quarter corner of Section 6, Township 13 South, Range I3 East, Gila and Salt River Base and Meridian, Pima County, Arizona; THENCE South 88 degrees 15 minutes 02 seconds East, along the North tine of the said Section 6, a distance of 535.0 l feet; THENCE South 00 degrees 14 minutes 25 seconds West, 75.03 feet to the POINT OF BEGINNING on the South right of way of Ina Road; THENCE South 88 degrees. l5 minutes 02 seconds East, along the said right of way, a distance of 86.72 feet to a point of cusp of a tangent curve concave to the Southeast; THENCE Southwesterly and Southerly along the arc of said curve, to the left, having a radius of 45.00 feet and a central angle of 91 degrees 30 minutes 33 seconds for an arc distance of 71.87 feet to a point of tangency; ' Regular Council Meeting -December 15, 2009 -Page 92 of 158 Pa e 2 ALTA 2006 Commdment g Fite No.: 06166926-024-P13 EXHIBIT A (Continued) THENCE South 00 degrees 14 minutes 25 seconds West, 1240.83 feet to a point of curvature of a tangent curve concave to the Northeas#; THENCE Southerly and Easterly along the arc of said curve, to the left having a radius of 259.50 feet and a central angle of i32 degrees 00 minutes 55 seconds for an arc distance of 597.91 feet to a point of tangency; THENCE North 48 degrees l3 minutes 30 seconds East, 418.05 feet to a point of curvature of a tangent curve concave to the Southeast; THENCE Northeasterly along the arc of said curve, to the right, having a radius of 1425.99 feet and a central angle of 013 degrees 07 minutes 09 seconds for an arc distance of 326.51 feet to the East line of Lot 6; THENCE South 00 degrees I4 minutes 25 seconds West, along the said East line a distance of 103.8$ Feet to a point on the arc of a nan tangent curve concave to the Southeast, a radial line of said curve through said point having a bearing of North 30 degrees 48 minutes 32 seconds West; THENCE Southwesterly along the arc of said curve, to the left, having a radius of i 335.99 feet and a central angle of 10 degrees 57 minutes 58 seconds for an arc distance of 255.70 feet to a point of tangency; THENCE South 48 degrees 13 minutes 30 seconds West, 418.05 feet to a point of curvature of a tangent curve concave to the Northeast; THENCE Westerly and Northerly along the arc of said curve, to the right, having a radius of 349.50 feet and a central angle of 132 degrees 00 minutes 55 seconds for an arc distance of 805.28 feet to a point of tangency; THENCE North 00 degrees 14 minutes 25 seconds East, 789.38 feet to the North line of Lot b; THENCE South 88 degrees 15 minutes 02 seconds East, along the said North line a distance of 4.50 feet to the Southeast corner of Got 4; THENCE North 00 degrees 14 minutes 25 seconds East, along the East fine of the said Lot 4, a distance of 475.67 feet to a point of curvature of a tangent curve concave to the Southwest; THENCE Northwesterly along the arc of said curve, to the left, having a radius of 25.00 feet and a central angle of 88 degrees 29 minutes 27 seconds for an arc distance of 38.61 feet to a point of tangency on the South right of way of Ina Road; THENCE South 88 degrees 15 minutes 02 seconds East, along the said right of way a distance of 69.37 feet to the POINT OF BEGINNING. Parcel 68-2 lamendedl A part of Lot 6 and the Canada del Oro, THORNYDALE PLAZA, as recorded in Book 26 of Maps and Plats at page 84, Pima County Recorder's Office, Pima County, Arizona, described as follows: COMMENCING at the Southwest corner of Lot 3 of said plat; THENCE an a plat bearing of South $8 degrees I S minutes 02 seconds East along the North Tine of said Lot 6, a distance of 480.00 feet to the POINT OF BEGINNING; . THENCE continue South 88 degrees I S minutes 02 seconds East along the said North Tine, a distance of 480.01. feet to a point on the arc of a nan tangent curve concave to the East, a radial line of said curve through said point having a bearing of North 89 degrees 29 minutes 04 seconds West; Re~te~~i~1dR~ -December 15, 2009 -Page 93 of 158 Page 3 Z?RTIC 1614 (2fl06) File No.. 06166926-024-P13 EXHIBIT A (Continued} THENCE Southerly along the arc ofsaid curve, to the left, having a radius of 495..00 feet and a central angle of 00 degrees lb minutes 3 i seconds for an arc distance of 2.38 feet to a point of tangency on the East line ofsaid Lot d; THENCE South 00 degrees 14 minutes 25 seconds West along the said East line, a distance of 77.62 feet; TI-IENCE South 88 degrees 15 minutes 02 seconds East along the said East [ine, a distance of 45.02 feet; THENCE South 00 degrees 14 minutes 25 seconds West along the said East Iine, a distance of 1069.07 feet to the North line ofsaid Canada del Oro; THENCE North 60 degrees 56 minutes 45 seconds East along the said North line, a distance of 991.73 feet to the West right of way line of Thornydale Road; THENCE South 13 degrees 48 minutes 45 seconds East along the said West right of way line a distance of 79.81 feet to a line 77.00 feet South of and parallel with the said North line of the Canada del Oro; TI-IENCE South 60 degrees Sb minutes 4S seconds West along the said parallel line, a distance of 1475.90 feet; THENCE North 29 degrees 03 minutes 15 seconds West 535.10 feet to a point on the arc of a non tangent curve concave to the North, a radial line ofsaid curve through said point having a bearing of South 14 degrees O] minutes OS seconds East; THENCE Easterly along the arc of said curve, to the left, having a radius of 345.00 feet and a central angle of 15 degrees 44 minutes 55 seconds for an arc distance of 94.83 feet to a point of tangency; THENCE North 60 degrees 14 minutes 00 seconds East, 60.39 feet; THENCE North 00 degrees 14 minutes 25 seconds East, 944.73 feet to the POINT OF BEGINNING. EXCEPTCNG THEKEFROM any portion lying within the boundaries of land conveyed to Pima County, a political subdivision by Deed recorded in Docket 9620 at page 379, more particularly described as follows: That portion of THORNYDALE PLAZA, as recorded in Book 26 of Maps and Plats at page 84, Pima County Recorders Office, Pima County, Arizona, described as follows: COMMENCING at the North One-Quarter corner of Section b, Township 13 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona; THENCE South 88 degrees l 5 minutes 02 seconds East, along the North line of the said Section b, a distance of 535.01 feet; THENCE South 00 degrees 14 minutes 25 seconds West, 75.03 feet to the POINT OF BEGINNING on the South right of way of Ina Road; THENCE South 88 degrees 15 minutes 02 seconds East, along the said right of way, a distance of 86.72 feet to a point of cusp of a tangent curve concave to the Southeast; THENCE Southwesterly and Southerly along the arc of said curve, to the left, having a radius of 45.00 feet and a central angle of 9 i degrees 30 minutes 33 seconds for an arc distance of 71.87 feet to a point of tangency; THENCE South 00 degrees 14 minutes 25 seconds West, 1240.83 feet to a point of curvature of a tangent curve concave to the Northeast; THENCE Southerly and Easterly along the arc of said curve, to the left having a radius of 259.50 feet and a central angle of 132 degrees 00 minutes 55 seconds for an arc distance of 59791 feet to a point of tangency; Rec,~e~~1lfif~E -December 15, 2009 -Page 94 of 158 Page 4 ORTIC 1b14 (2006} File No.: 06164926-02A-P13 EXHIBIT A (Conti~rued) THENCE North 48 degrees 13 minutes 30 seconds East, 4 [ 8.05 feet to a point of curvature of a tangent curve concave to the Southeast; THENCE Noa~theasterly along the arc of said curve, to the right, having a radius of 1425.99 feet and a central angle of O I 3 degrees 07 minutes 09 seconds for an arc distance of 32b.51 feet to the East line of Lot b; THENCE South 00 deb ees 14 minutes 25 seconds West, along the said East line a distance of 103.88 feet to a point on the arc of a non tangent curve concave to the Southeast, a radial line of said curve through said point having a bearing of North 30 degrees 48 minutes 32 seconds West; THENCE Southwesterly along the arc of said curve, to the left, having a radius of 1335.99 feet and a central angle of 10 degrees 57 minutes 58 seconds for an arc distance of 255.70 feet to a point of tangency; THENCE South 48 degrees 13 minutes 30 seconds West, 41$.05 feet to a point of curvature of a tangent curve concave to the Northeast; THENCE Westerly and Northerly along the arc of said curve, to the right, having a radius of 349.50 feet and a central angle of 132 degrees 00 minutes SS seconds for an arc distance of 805.28 feet to a point of tangency; THENCE North 00 degrees 14 minutes 25 seconds East, 789.38 feet to the North line of Lot 6; THENCE South 88 degrees 15 minutes 02 seconds East, along the said North line a distance of 4.50 feet to the Southeast corner of Lot 4; THENCE North 00 degrees 14 minutes 25 seconds East, along the East line of the said Lot 4, a distance of 475.67 feet to a point of curvature of a tangent curve concave to the Southwest; THENCE Northwesterly along the arc of said curve, to the left, having a radius of 25.00 feet and a central angle of 8$ degrees 29 minutes 27 seconds for an arc distance of 38.6 i feet to a point of tangency on the South right of way of Ina Road; THENCE South 88 degrees 15 minutes 02 seconds East, slang the said right of way a distance of 69.37 feet to the POINT OF BEGINNING. AND ALSO EXCEPTING THEREFROM that portion conveyed to Stewart Title & Trust of Tucson, an Arizona corporation, as Trustee under Trust No. 3550 by Deed recorded in Docket 9608. at page 2309, more particularly described as follows: That portion of Section 6, Township 13 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona, described as follows: BEGINNING at the Southwest corner of Lot 5, THORNYDALE PLAZA, as recorded i.n Book 26 of Maps and Plats at page 84, Pima County Recorder's Office, Pima County, Arizona; THENCE South 00 degrees 14 minutes 25 seconds West along the Southerly prolongation of the West line of the said Lot 5, a distance of 88.29 feet to a line 77.00 Southeasterly of and parallel with the Southeasterly line of the said Lot 5; THENCE North 60 degrees 56 minutes 45 seconds East along the said parallel line, a distance of 1012.94 feet to the Westerly right of way of Thornydale Road; THENCE North 13 degrees 48 minutes 45 seconds West along the said right of way, a distance of 79.81 feet to the Southeast corner of the said Lot 5; THENCE South 64 degrees 56 minutes 45 seconds West along the Southeasterly line of the said Lot 5, a distance of 990.72 feet (991.73 feet measured) to the POINT OF BEGINNING. Re~~llg Page 5 -December 15, 2009 -Page 95 of 158 RTIC 1614 {2006) File 1+10.: 06166926-024-Pi3 EXHIBIT A (Continued) AND FURTHERMORE EXCEPTING that portion lying within the boundaries of {and .conveyed to EMH Investment, L.L,C., an Arizona limited liability company by Deed recorded in Docket 9608 at page 2328, more particularly described as follows: That portion of THORNYDALE PLAZA, as recorded in Book 26 of Maps and Plats at page 84, Pima County, Arizona, being a parcel of land lying within Section 6, Township. 13 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona, more particularly described as follows: COMMENCING at the North Quarter corner of said Section 6; THENCE along the monument line of Ina Road, South 88 degrees 15 minutes 02 seconds East, a distance of 623.70 feet; THENCE leaving said monument line, South O1 degrees 44 minutes S8 seconds West, a distance of 75.00 feet, to the Southerly right of way tine of Ina Road and the POINT OF BEGINNING; THENCE along the Southerly right of way line of Ina Road, South 88 degrees 15 minutes 02 seconds East, a distance of 438.31 feet; THENCE leaving said right of way, South 00 degrees 14 minutes 2S seconds West, a distance of 500.00 feet; Thence South 88 degrees i5 minutes 02 seconds East, a distance of 525.02 feet, to the beginning of a non tangent curve; THENCE Southerly along a non tangent curve, having a radius of 450.00 feet, concave Easterly whose radius bears South $9 degrees 36 minutes 23 seconds East through a central angle of 00 degrees 09 minutes 12 seconds, a distance of 1.21 feet to the curve's end; THENCE South 00 degrees 14 minutes 25 seconds West, a distance of 298.07 feet; THENCE North 88 degrees 15 minutes 02 seconds West, a distance of 560.11 feet; THENCE North O 1 degrees 44 minutes 58 seconds East, a distance of 16.67 feet; THENCE North 88 degrees 15 minutes 02 seconds West, a distance of 211.50 feet; THENCE South 0l degrees 44 minutes 58 seconds West, a distance of 46.00 feet; THENCE North 88 degrees l5 minutes 02 seconds West, a distance of 237.14 feet to the Easterly right of way line of Regency Boulevard; TI-IENCE along the said right of way line, North 00 degrees 14 minutes 25 seconds East, a distance of 782.42 feet, to the beginning of a curve; THENCE Northerly along a curve, having a radius of 45.00 feet, concave Southeasterly through a central angle of 91 degrees 30 minutes 33 seconds, a distance of 71.87 feet to the curve`s end, and the POINT OF BEGINNING. Parcel 6A (amended) A part of Lot 6, THORNYDALE PLAZA, as recorded in Book 26 of Maps and Plats at page 84, Pima County Recorder's Office, Pima County, Arizona, described as follows: BEGINNING at the Northwest corner of said lot; THENCE on a plat bearing of South 88 degrees 15 minutes 02 seconds East along the North line of said lot, a distance of 1060.03 feet; THENCE South 00 degrees l4 minutes 25 seconds West, 944.73 feet; ReyR"l~~C~4~~~ -December 15, 2009 -Page 96 of 158 Page 6 File No.: Oblbb926-024-P13 EXHIBIT A {Continued) THENCE South 60 degrees 14 minutes 00 seconds West, 40.39 feet to a point of curvature of a tangent curve to the Northeast; THENCE Westerly and Northwesterly along the arc of said curve, to the right, having a radius of 345.00 feet and a central angle of 120 degrees 00 minutes 25 seconds for an arc distance of 722.61 feet to a point of tangency; THENCE North 00 degrees 14 minutes 25 seconds East, 75.99 feet; THENCE North 88 degrees 15 minutes 02 seconds West, 490.00 feet to the West Line of said lot; THENCE North 00 degrees 14 minutes 25 seconds East, along the said West line, a distance of 615.20 feet to the POINT OF BEGINNING. EXCEPTING THEREFROM said Parcel 6A any poztion lying within the boundaries of land conveyed to Pima County, a political subdivision by Deed recorded in Docket 9620 at page 379, more particularly described as follows: That poztiarr of THORNYDALE PLAZA, as recorded in Book 26 of Maps and Plats at page 84, Pima County Recorder's Office, Pima County, Arizona, described as follows: COMMENCING at the North One-Quarter corner of Section 6, Township 13 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona; THENCE South 88 degrees 15 minutes 02 seconds East, along the North line of the said Section 6, a distance of 535.0 l feet; THENCE South 00 degrees 14 minutes 25 seconds West, 75.03 feet to the POINT OF BEGINNING on the South right of way of Ina Road; TFIENCE South 88 degrees 15 minutes 02 seconds East, along the said right of way, a distance of 86.72 feet to a point of cusp of a tangent curve concave to the Southeast; THENCE Southwesterly and Southerly along the arc of said cw•ve, to the left, having a radius of 45.00 feet and a central angle of 91 degrees 30 minutes 33 seconds for an arc distance of 71.87 feet to a paint of tangency; THENCE South 00 degrees 14 minutes 25 seconds West, 1240.83 feet to a point of curvature of a tangent curve concave to the Northeast; THENCE. Southerly and Easterty along the arc of said curve, to the left having a radius of 259.50 feet and a central angle of 132 degrees 00 minutes 55 seconds for an arc distance of 597.91 feet to a point of tangency; THENCE North 48 degrees l3 minutes 30 seconds East, 418AS feet to a point of curvature of a tangent curve concave to the Southeast; THENCE Northeasterly along the arc of said curve, to the right, having a radius of 1425.99 feet and a central angle of 013 degrees 07 minutes 09 seconds for an arc distance of 326.51 feet to the East line of Lot 6; THENCE South 00 degrees 14 minutes 25 seconds West, along the said East line a distance of 103.88 feet to a point on the arc of a non tangent curve concave to the Southeast, a radial line of said curve through said point having a bearing of North 30 degrees 48 minutes 32 seconds West; THENCE Southwesterly along the arc of said curve, to the left, having a radius of 1335.99 feet and a central angle of 10 degrees 57 minutes 58 seconds for an arc distance of 255.70 feet to a point of tangency; THENCE South 48 degrees I3 minutes 30 seconds West, 418.05 feet to a point of curvature of a tangent curve concave to the Northeast; Reaarar~C~4 (~20 -December 15, 2009 -Page 97 of 158 Page 7 File No.: 06166926-024-Pi3 EXHIBIT A (Continued) THENCE Westerly and Northerly along the arc of said curve, to the right, having a radius of 349.50 feet and a central angle of 132 degrees flfl minutes 55 seconds for an arc distance of 845.28 feet to a point of tangency; THENCE North 00 degrees I4 minutes 25 seconds East, 78938 feet to the North Iine of Lot 6; THENCE South 88 degrees IS minutes 02 seconds East, along the sa"sd North Iine a distance of 4.50 feet to the Southeast corner of Lot 4; THENCE North 00 degrees l4 minutes 25 seconds East, along the East line of the said Lot 4, a distance of 475.67 feet to a point of curvature of a tangent curve concave to the Southwest; THENCE Northwesterly along the arc of said curve, to the left, having a radius of 25.00 feet and a central angle of 88 degrees 29 minutes 27 seconds for an arc distance of 38.61 feet to a point of tangency on the South right of way of Ina Road; Tl-IENGE South 88 degrees 15 minutes 02 seconds East, along the said right of way a distance of 69.37 feet to the POINT OF BEGINNING. AND FURTHERMORE EXCEPTING that portion lying within the boundaries of land conveyed to EMH Investment, L.L.C., an Arizona limited liability company by Deed recorded in Docket 960& at page 2328, more particularly described as follows: That portion of THORNYDALE PLAZA, as recorded in Book 26 of Maps and Plats at page 84, Pima County, Arizona, being a parcel of land lying within Section 6, Township 13 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona, more particularly described as follows: COMMENCING at the North Quarter corner of said Section 6; THENCE along the monument tine of Ina Road, South 88 degrees 15 minutes 02 seconds East, a distance of 623.70 feet; THENCE leaving said monument line, South O1 degrees 44 minutes 58 seconds West, a distance of 75.00 feet, to the Southerly right of way line of Ina Road and the POINT OF BEGINNING; THENCE along the Southerly right of way Iine of Ina Road, South 88 degrees IS minutes 02 seconds East, a distance of 438.3 ] feet; THENCE leaving said right of way, South OD degrees 14 minutes 25 seconds West, a distance of 504.00 feet; Thence South S8 degrees 15 minutes 02 seconds East, a distance of 525..02 feet, to the beginning of a non tangent curve; THENCE Southerly along a non tangent curve, having a radius of 450.00 feet, concave Easterly whose radius bears South $9 degrees 36 minutes 23 seconds East through a central angle of 00 degrees 09 minutes 12 seconds, a distance of 1.21 feet to the curve's end; TEIENCE South 00 degrees 14 minutes 25 seconds West, a distance of 298.07 feet; T1•IENCE North 88 degrees 15 minutes 02 seconds West, a distance of 560.11 feet; THENCE North 41 degrees 44 minutes 58 seconds East, a distance of 16.67 feet; THENCE North 88 degrees 15 minutes 02 seconds West, a distance of 211.54 feet; THENCE South OI degrees 44 minutes 58 seconds West, a distance of 46.00 feet; THENCE North $8 degrees IS minutes 02 seconds West, a distance of 237.14 feet to the Easterly right of way line of Regency Boulevard; Re~~~~,tirlg -December 15, 2009 -Page 98 of 158 Page 8 Tile No.: 06166926-024-P13 EXHIBIT A {Continued) THENCE along the said right of way line, North 00 degrees 14 minutes 25 seconds East, a distance of 782.42 feet, to the beginning of a curve; THENCE Northerly along a curve, having a radius of 45.00 feet, concave Southeasterly through a central angle of 91 degrees 30 minutes 33 seconds, a distance of 71.87 feet to the curve's end, and the POINT OT BEGINNING. SAID PARCELS 6B-1 (amended3 bB-2 (amended) and Parcel 6A (arnended~ ALSO KNOWN AS THE FOLLOWING PARCELS A AND B: Parcel A (West & South of ReQ..,enc~Plaza Street) A portion of Lot 6 of THORNYDALE PLAZA, recorded in the office of the Pima County Recorder, Pima County, Arizona, in Book 26 of Maps and Plats at page 84, lying within a portion of Section 6, Township 13 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona, described as follows: BEGINNING at the Northwest corner of said Lot 6; THENCE South 88 degrees 15 minutes 02 seconds East, along a line common with said Lot 6 and Lat 4 of said THORNYDALE PLAZA, a distance of 485.56 feet to a point on the West right of way line of Regency Plaza Street; THENCE South 00 degrees I4 minutes 25 seconds West, along said right of way line, a distance of 789.38 feet; THENCE, along said right of way line and along a tangent curve to the left having a radius of 349.50 feet, through a central angle of 1.32 degrees 00 minutes 55 seconds, an arc length of 805.28 feet; THENCE North 48 degrees 13 minutes 30 seconds East, along said right of way line, a distance of 418.05 feet; THENCE, along said right of way line and along a tangent curve to the right having a radius of 1335.99 feet, through a central angle of 10 degrees 58 minutes 26 seconds an arc length of 255.88 feet; THENCE South 00 degrees i4 minutes 25 seconds West, a distance of 649.03 feet; THENCE South 60 degrees 56 minutes 45 seconds West, a distance of 2251.39 feet; THENCE North 40 degrees 48 minutes OS seconds West, a distance of 464.44 feet; THENCE South 88 degrees 01 minutes 56 seconds East, a distance of 684.01 feet; THENCE North 00 degrees 14 minutes 25 seconds East, a distance of 2050.90 feet to the POINT OT BEGINNING. Parcel B (North & East of Recency Plaza Street) A portion of Lot 6 of THORNYDALE PLAZA, recorded in the office of the Pima County Recorder, Pima County, Arizona, in Book 26 of Maps and Plats at page 84, lying within a portion of Section 6, Township 13 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona, described as follows: COMMENCING at the Northwest corner of said Lot 6; THENCE South 88 degrees 15 minutes 02 seconds East, along a line common with said Lot 6 and Lot 4 of said THORNYDALE PLAZA, a distance of 485.56 feet to a point on the West right of way line of Regency Plaza Street; Page 9. Re~S'tsli~ll~g -December 15, 2009 -Page 99 of 158 ORTIC 1614 {2006) File No.: 06166926-024-P13 EXHIBIT A (Continued) THENCE South 00 degrees 14 minutes 25 seconds West, along said right of way Tine, a distance of 330.97 feet; THENCE South 89 degrees 45 minutes 35 seconds East, a distance of 90.00 feet to a point on the East right of way line of said Regency Plaza Street to the TRUE POINT OF BEGINNING; THENCE South 00 degrees 14 minutes 25 seconds West, along said right of way line, a distance of 458.41 feet; THENCE, along said right of way line and along a tangent curve to the left having a radius of 259.50 feet, through a central angle of 132 degrees 00 minutes 55 seconds, an arc length of 597.91 feet; THENCE North 48 degrees 13 minutes 30 seconds East, along said right of way line, a distance of 418.05 feet; THENCE, along said right of way line and along a tangent curve to the right having a radius of 1425.99 feet, through a central angle of i3 degrees 07 minutes 35 seconds, for an arc length of 326.69 feet; THENCE North 00 degrees 14 minutes 25 seconds East, a distance of 185.07 feet; THENCE North 88 degrees 15 minutes 02 seconds West, a distance of Sb0.27 feet; THENCE North O1 degrees 44 minutes 58 seconds East, a distance of 16.67 feet; THENCE North 88 degrees 1 S minutes 02 seconds West, a distance of 211.50 feet; THENCE South O1 degrees 44 minutes 58 seconds West, a distance of 4b.00 feet; THENCE North 88 degrees 15 minutes 02 seconds West, a distance of 237.14 feet to the TRUE POINT OF BEGINNING. Easement Parcel I Easement for ingress and egress for the installation, replacing, repairing and maintaining Bank Improvements as set forth in Declaration of Covenants, Conditions, Restrictions and Easements recorded in Docket 9608 at page 2314 (for the benefit of Parcel dB-l and that portion of Parcel bB-2 lying southerly of Regency Plaza Street). Easement Parcel I [ Easements for ingress, egress, utilities, storm water drainage and temporary construction proposes as set forth in Declaration of Easements, Covenants and Restrictions recorded in Docket 9608 at page 2392 (for the benefit of those portions of Parcels 6A and bB-2 lying northerly and easterly of Regency Plaza Street). Easement Parce[ I II Easement for visibility as set forth in Visibility Agreement recorded in Docket 9608 at page 2451 (for the benefit of Ehat portion of Parcel 6A lying easterly of Regency Plaza Street and that portion of Parcel bB-2 lying northerly of Regency Plaza Street). Easement Parcel IV Easement for placement, construction and maintenance of a sign recorded in Docket 9508 at page 2494 (for the benefit of Parcels 6B-1, bB-2 and bA}. APN: 101-OS-043 K, i01-OS-043L, 101-OS-043M, 101-OS-043N, 101-OS-043P Re~~~~~tg -December 15, 2009 -Page 100 of 158 Page 10 CONSENT TO CONDITIONS OF REZONING AND WAIVER OF CLAIMS FOR POSSIBLE DIMINUTION OF VALUE RESULTING FROM TOWN OF MARANA ORDINANCE N0.2009.xx Alta Vista Communities V, LLC, 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 PCZ-09029, filed on behalf of the owner. The Owner hereby agrees -and consent to all of the conditions imposed by the Rezoning Ordinance, including all stipulations adopted by the Marana Town Council in conjunction with the approval of said Ordinance, and waive any right to compensation for diminution in value pursuant to Arizona Revised Statutes § 12-1134 that may now or in the future exist as a result of the approval of said Ordinance. The owner also consents to the recording of this document in the office of the Pima County Recorder, to give notice of this instrument and its effects to successors in interest of the Property, who shall be bound by it. Dated this _ day of December, 2009. ALTA VISTA COMMUNITIES V, L.L.C., an Arizona limited liability company BY: Roger Karber, Managing Member STATE OF ARIZONA ) SS. County of Pima ) The foregoing instrument was acknowledged before me on December 2009 by Roger Karber, Managing Member of Alta Vista Communities V, L.L.C., an Arizona limited liability company, on behalf of the company. My commission expires: Notary Public Regular Council Meeting -December 15, 2009 -Page 101 of 158 ~~~~~ ,... ~. 4,. ~. ~, .~ ~ `~ ~ri - , , ~«~~.:,a 1'1.~4414t ~~ Z(.341\€:: A1'i'[.It.~A'1"ICl4 ~ -- I. 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F't-} _. < m ent ~srnin~ ! j E S 1 tr U~ ~tmlirrrttd t,~ s ~ 53 5 AC i 2 3;30,460 sc} ft ~ ~t til~i MR-2~Y'C s ~ f)~~~r1tYlrmwvtl't~,ic.rt'vam~ 1'rulu,s~ci/cmirt Na ihwesi C,ontn,erce Park Fit j{ t Prajtct ! s~~autssr Regency Playa Street, between Ina Read and TI7on~ydale Raad I -_ _. _., t t?~,zr q~nrxn cal 4'tu1«1 indusirta! e7nd ca,anaeresal taus ntss park subdwr~,ron t ('u,1,4,t~ O~~tit,cs" Alta Vtsta Cam„luntttes V. Li_L, -- -- ~tt cc t -ldcfr~ 55 200E 6raadway Blvd. f~200 t'it} _ _ `st rte ~ ltt, C ~,:f~ ~ 1'1tt~ne °tutnb~r ~ 1 ~ts i~tsml.>rr f ~S u1 rAeldsl~~ AZ £35701 ~ A82 4800 ~ _ ._ _ ('tntt tct F'es:~„rt _ t'h<tne ~unthe.r i mail Gre Thr>rn ~san greg ct bflcanstructron.co,n 9 I , 11~t,irc_ttri ThA P1ann nc} Cenier -_ ~irc~t ~ddrt;~w 11U S t;tturch A~ie #6320 C sti= ~t rtr /i1, (ixiic 1't,~tn~ '~~ranhu - ~ 1 to tiamt,c r ~ t•-At srl \drirr.< l AZ ~ 85701 ~ 623 616 _-_- _ _._..__ __ t'nnt,t:t Pti-r~t~n ~ I'Itctnc Ivumbcr:t -instil Linda fYlcrrales ; Imorates c^Lvazplanninclcenter.com ikaerrt f2~pre.unian~`~ Same as apfrlicant 1 tiu~c~t \dctrc~~, . t ity ; St rtc ~ lrt, t cttlc 3 t'tx,nt tiutnt, t t ,tx l~u nits-r t•.-11 tt1 '\c9~1t~~ti _~ __~__ _._ . . __-..__ _ _ _. ___. ~_ ^ _ L.. __..___._ _i _.. _ _ ..__-_ .._ _ _. -__ _ _._ ... _ ...- _ _. _ ---.._.....~ ( uitt rs t 1'c r ~r}rr 1 a,tit a tit ii a anxs ~t3utirn~~5 f sc.t'tt,L ?*.{, 10?691 ~ 3 ALFTF(t}RIl~l1 tf)'y C)f Pltt}E'luFt11< O~'4'VI'12 ~ 3, t1,r. und~rsi nvri. ccsut-} th.rt .,il uE`tl,~ I<tct. s~ t itrrth in tlrrv at,t~lsr,rtrcrn ~trG true tt, the Ix~t of m~~ 1~tut~~lc~il~ ~tn~1 that I at3t ctsl,~r tfre ,tic+trr ctf'tlr~ 1,ti)t~tirtti r,r t.lrat t lrar~ f,cen su,t,~5t i...~d nt iti ritir~:~ by the rr~bt?s;ca ,iiplicsttit~m ttnd cherk~tisY- (If rtaf a~tneraf ree~r•d..~~t:rcfr ~~rtttetr tkutlrar reatrrrp it arty t~ lie-~tuu~r.~~°-°-- -~~-~° I Sieves Eddy 7/7/09 ~ 1'ttnt ~:I,17G ni':al,pltt utt \ ant ~ Stn s °'"~`°"-"°` 1)ik _ _~_- _ ..: C~G.~ ~. ~.lr~`I'~ ~~- r~ £-^'~C ~ ~'~ ~" ~ ~~ ~ ~ Vie.: Viz' ~Li~`~"t.~ Regular Council Meeting -December 15, 2009 -Page 102 of 158 .~~ ~~~~~ Northwest Commerce Park t ~ -~ ~ . _~: Rezone ~~~ "~~`'` ~`~-= r~ ~ `.~' CASE CASE PCZ-09029 I ~ ,z i ~ ,'~ z iI L __-------- VJINARD it J INA RD-°?"" __ p -- ------- - - --- - ---------- - l~' I z I ~~ I =' z~ z ~i ~~ >'. I I o. j - - - - - I C.~ p~AZl~ 5T +'~ I ~ ~ E~~N ~ ~ti ' R z I ~?~ . ~ O~ 2 Z~ O~ < z' ~ fl , ~` r U m I` z Subject Property o a i ~ ~ ~ i 'i I 2;, I 0 ''T I 9Gi Gp ST C O DR - ._- ,' ~~i ~ ~ ~ O ` ~ ~YjLO ~O I I', z ~ ~ ~ ~ ~ 0 ~j~ , ~ I ~ n n ' ~' ,`..`. ,~ 0 450 900 ft. " Request .~ . A request for approval to rezone 53.5 acres of land from MR-2 -Multi-Family- - Medium/High Density (25.4 acres) and VC -Village Commercial (28.1 acres) to HI -Heavy Industrial. 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 arnvd 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 dat~~ou~arYLoun~i I~~e{finny-lP~ecem~er''~~i~bs~p~a I e ~'$~'o~ ~r5~onsequential damages, including but not limited to time, money or goodwill, arising from the ~lorthwest Commerce Parke Re envy PIaZa s~re~t~ J Canada De{ o~f~, ~~ ~ ~ ~ ~= ~.,, , ~N ~_ ~S vim ~ - ..ti - ::- ~r F ~ V ~.r~~-^ `._ • it 7~~' ;>i, ,nt s F-iE P!A_NMfVG_C~NT~R ~) t v s~Or) ~ f F'i. i, ____. NORTHWEST COMMERCE PARK REZONING Regency Plaza Street at the Canada Del Oro Wash Marano, Arizona PCZ-09029 Submitted to.• Town of Marano Planning Department 11555 West Civic Center Drive Marano, Arizona 85653 Prepared for•• Alta Vista Communities V, LLC 200 East Broadway Boulevard, #200 Tucson, Arizona 85719 Telephone: (520) 882-4800 • Prepared by.• The Planning Center 110 South Church Avenue, Suite 6320 Tucson, Arizona 85701 Telephone: (520) 623-6146 With assistance from: DOWL HKM Engineering 166 West Alameda Street Tucson, Arizona 85701 Telephone: (520) 882-8696 • November 2009...... • • For clarification of material contained in this report contact.• THE PLANNING CENTER 110 South Church Avenue, Suite 6320 Tucson, Arizona 85701 Telephone; (520) 623-6146 Fax: (520) 622-1950 • ~ Northwest Commerce Park Rezoning • I. INVENTORY AND ANALYSIS A. EXISTING LAND USES ..........................................................................................................1 1. Description of Site Location in Regional Context ................................................................. ............1 2. Description of Existing Land Uses ....................................................................................... ............1 3. Surrounding. Property within One-Quarter of a Mile ............................................................ ............1 4. Location of Wells .................................................................................................................. ............ 7 B. TOPOGRAPHY ............................................................................................................ ...........9 5. Topographical Characteristics ............................................................................................. ............ 9 6. Pre-Development Cross-Slope ............................................................................................ ............9 C. HYDROLOGY .............................................................................................................. .........11 1. Information Regarding Off-Site Watersheds ........................................................................ ..........11 2. Off-Site Natural or Man-Made Features .............................................................................. ..........11 3. Acreage of Upstream Off-Site Watersheds (100-Year Discharges Greater than 50 cfs) .... ..........12 4. On-Site Hydrology ................................................................................................................ ..........12 5. Existing Drainage Conditions along Downstream Property Boundary ................................ ..........13 D. VEGETATION .............................................................................................................. .........14 1. Inventory and Description .................................................................................................... ..........14 2. Densities of Vegetation ........................................................................................................ ..........14 E. WILDLIFE ..................................................................................................................... .........16 1. Letter from Habitat Specialist ............................................................................................... .......... 16 • 2. Description of Wildlife Concerns .......................................................................................... ..........16 F. VIEWSHEDS ................................................................................................................ .........18 1. Viewsheds Onto and Across the Site .................................................................................. .......... 18 2. Areas of High, Medium and Low Visibility from Nearby Off-Site Locations :........................ .......... 23 G. TRAFFIC ...................................................................................................................... .........25 1. Existing and Proposed Off-Site Streets ............................................................................... .......... 25 2. Arterial Streets within One Mile of the Project Site .............................................................. .......... 25 3. Existing and Proposed Intersections ................................................................................... .......... 26 4. Existing Bicycle and Pedestrian Ways ................................................................................. .......... 27 H. RECREATION AND SCHOOLS .................................................................................. .........29 1. Recreation ............................................................................................................................ ..........29 2. Schools ................................................................................................................................ .......... 29 1. CULTURAL, ARCHAEOLOGICAL AND HISTORIC RESOURCES ............................ .........31 1. On-Site Cultural and/or Historic Resources ......................................................................... .......... 31 2. Letter from a Qualified Archaeologist .................................................................................. .......... 31 J. COMPOSITE MAP ....................................................................................................... .........36 II. LAND USE PROPOSAL A. PROJECT OVERVIEW .........................................................................................................39 B. TENTATIVE DEVELOPMENT PLAN ....................................................................................40 • C. EXISTING LAND USES ........................................................................................................44 1. Zoning Boundaries ...........................................................................................................::..........44 ~~~ . ~~ Table of Contents i Northwest Commerce Park Rezoning • • • 2. Assessment of Impact on Existing Land Uses ............................................................................... 44 D. TOPOGRAPHY .....................................................................................................................46 1. TDP Response to Existing Topographic Characteristics .................................. ............................. 46 2. Encroachment onto Slopes 15 Percent or Greater ........................................... ............................. 46 3. New Average Cross-Slope .:.............................................................................. ............................. 46 E. HYDROLOGY ....................................................................................................................... 46 1. TDP Response to Existing Hydrological Characteristics .................................. .............................46 2. Encroachment/Modification of Drainage Patterns ......................................................................... 46 3. Potential Drainage Impact to Off-Site Land Uses ............................................. .............................47 4. Engineering and Design Features .................................................................... ............................. 47 5. Conformance with Applicable Plans ................................................................. ............................. 47 F. VEGETATION AND WILDLIFE .................:...........................................................................54 1. TDP Response to Existing Vegetative Characteristics ..................................... ............................. 54 2. TDP Response to the Native Plant Ordinance and Habitat Disturbance ...................................... 54 G. BUFFERS ................................................................................................... .......................... 54 1. Techniques Used to Mitigation of Sound, Visibility, Lighting and Traffic ......... .............................. 54 2. Cross-section Illustrations of Proposed Buffers to be Used Adjacent to Existi ng Development... 55 H. VIEWSHEDS .........................................................................................................................62 1. Mitigation of Impacts to Views and Vistas from Off-Site .................................. ..............................62 2. Mitigation of Impacts to Areas of High Visibility ............................................... .............................. 62 I. TRAFFIC ..................................................:............................................................................62 J. PUBLIC UTILITIES ...............................................................................................................62 1. Sewer ................................................................:............................................................................62 2. Water ..............................................................................................................................................63 3. Gas ...........................................:..................................................................................................... 63 4. Electric ........................................................................................................................................... 63 K. PUBLIC SERVICE IMPACTS ...............................................................................................65 1. Police ............................................................................................................................................. 65 2. Fire District .....................................................................................................................................65 3. Sanitary Pick-Up ............................................................................................................................ 65 L. RECREATION &TRAILS ......................................................................................................65 M. CULTURAL, ARCHAEOLOGICAL AND HISTORIC RESOURCES ..................................... 66 1. Protection of Archaeological Resources ........................................................................................ 66 2. Incorporation of Resources into the Development ........................................................................ 66 3. Measures for Identification of Archaeological Resources .............................................................. 66 BIBLIOGRAPHY ......................................................................................................................... 69 Table of Contents ii Northwest Commerce Park Rezoning • EXHIBITS Exhibit I.A.1.a: Location and Vicinity Map ............................... ......................................................2 Exhibit I.A.1.b: Aerial Location ................................................ ......................................................3 Exhibit I.A.3.a: Existing Zoning ............................................... ......................................................4 Exhibit I.A.4: Well Locations .................................................. ...................................................... 8 Exhibit I.B: Topography .......................................................... ....................................................10 Exhibit I.D: Vegetation Communities and Densities ................ ....................................................15 Exhibit I.E: AGFD Online Environmental Review .................... ....................................................17 Exhibit I.F.1.a: Photo Key Map ............................................... ....................................................19 Exhibit I.F.1.b: Site Photos ...................................................... ....................................................20 Exhibit I.F.2: Visibility .............................................................. ....................................................24 Exhibit I.H: Recreation and Schools ....................................... ....................................................30 Exhibit 1.1: Letter from Desert Archaeology, Inc ...................... .................................................... 32 Exhibit I.J: Composite Map ..................................................... .................................................... 37 Exhibit 11.B.1.a: Tentative Development Plan .......................... ....................................................41 Exhibit 11.B.1.b: Alternative Tentative Development Plan ........ ....................................................42 Exhibit II.B.2: Site Plan Concept ............................................. ....................................................43 Exhibit II.C.1: Zoning Boundaries ........................................... ....................................................45 Exhibit II.E: Post-Development Hydrology Concept ................ ....................................................48 Exhibit II.E.2: Nationwide Permit #13 Compliance Letter ....... ....................................................49 Exhibit II.G.2: Landscape Concept Plan ................................. .................................................... 56 Exhibit II.G.2.a: Landscape Buffer Cross-Section A-A ............ .................................................... 57 Exhibit II.G.2.b: Landscape Buffer Cross-Section B-B ............ ....................................................58 • Exhibit II.G.2.c: Landscape Buffer Cross-Section C-C ........... Exhibit II.G.2.d: Landscape Buffer Cross-Section D-D ........... .................................................... 59 ....................................................60 Exhibit II.G.2.e: Landscape Buffer Cross-Section E-E ............ ....................................................61 Exhibit II.J: Existing and Proposed Utilities and Easements ... ....................................................64 TABLES Table I.E: Special Status Species ................................... Table I.G.2: Existing Roadway Inventory ........................ Table I.G.3: Existing and Proposed Intersections........... APPENDIX Site Resource Inventory • ....................................................16 .................................................... 25 .................................................... 27 Table of Contents iii • • Inventory and ~n .,, F~c~{ '1Z: ~.:~ ~'; !: ~~ ~~: c'c3 ;., i . ~~ ~ ~~ t L k~iw r ,.-aka >£k 'fit ~.~ ,~~ _~~ Northwest Commerce Park Rezoning A. EXISTING Ir4ND USES 1. Description of Site Location in Regional Context The project site is located in the southeastern portion of the Town of Marana (Township 13S, Range 13E, Section 6). The property is approximately 53.5 acres in size and is currently vacant. The nearest arterial roadways are Ina Road to the north, Thornydale Road to the east and Interstate 10 to the southwest. Regency Plaza Street, a collector roadway serving existing commercial uses in the area, loops through the site, intersecting with both Ina Road and Thornydale Road. The Canada del Oro (CDO) Wash is adjacent to the southern property boundary. (See Exhibit I.A.1.a: Location and Vicinity Map and Exhibit I.A.1.b: Aerial Location.) The project site encompasses five parcels, identified by the Pima County Assessor with the following numbers: 101-05-043K, 101-05-043L, 101-05-043M, 101-05-043N and 101-05-043P. 2. Description of Existing Land Uses • The project site, currently zoned MR-2 (Multi-Family: Med/High Density) and VC (Village Commercial), is undeveloped. There is an existing retention basin on-site that serves Thornydale Plaza to the north. Surrounding properties to the north, south and west are developed, whereas the property directly east of the project site is vacant. Lowe's Home Improvement Warehouse, Target and other commercial users occupy Thornydale Plaza to the north; Thornydale Self Storage, Sportsman's Warehouse, Home Depot, The Practice Tee and other commercial users are located south of the project site, across the CDO Wash. Union Pacific Railroad and Interstate 10 are to the southwest, and numerous industrial facilities and business park offices accessible from Camino Martin are located west of the project site. 3. Surrounding Property within One-Quarter of a Mile a. Existing Zoning Project Site: MR-2 (Multi-Family: Med/High Density); VC (Village Commercial) North: VC (Village Commercial) East: NC (Neighborhood Commercial) South: R-36 (Single-Family Residential -designation of CDO Wash); HI (Heavy Industrial beyond CDO Wash) West: LI (Light Industrial -Interstate 10); HI (Heavy Industrial); R-36 (Single-Family Residential) (See Exhibit I.A.3.a: Existing Zoning.) • G~i I -Inventory and Analysis 1 Northwest Commerce Park Rezoning • Exhibit I.A.9.a: vocation ana vlcinlty map OF Ina ''p ~~ ." /'~ S~ °d ~ , ~ ~~ ! -- f OHO I ~ ~ i ~/ ~~~' ..x ~.....~=. ~ /` G , 1351 Road 1 ~ ~ Project Site is boated at: Site Boundary Township 13S, Ranya 13E, and Section 6 ® Township, Range & Section ~ a aoo~ aoo~ Acreage: Approx. 53.5 AC V ~T~` t ~~~ Jurisdiction Boundary ~~~~ • Parcel ID #s FILE NAME: ATC~ bcotion.mxd 101-05-043K, 101-05-043L, 101-OS-043M, SpURCE: Plena County DOi 6~. 2009 101.05.043N.101•G5.043P I -Inventory and Analysis 2 Northwest Commerce Park Rezoning • • Exhibit I.A.1.b: Aerial Location *~: ,. . ~; ~ ~~~~~~~ =r ~~ ,, ., ~~~ ~• ~.:~, } ,~; - ~ ~ (T ^ l~ ~ ~~ ' ~ ~-`~~` ''~': ' "c. ~ ~,. .; r' ~ <~~. `v ~ ~ .~ ~ ~~ ~"n` f ,~ at ~ .,. _ h _ ~ +~ LEGEND Site Boundary NARTFi a zeo~ ~oo~ ~~~ ~ FILE NAME: ATC-~ aeriol_lacatbn.mxd .iOURCE: Pima County DOT GIS. 2009 I -Inventory and Analysis 3 Northwest Commerce Park Rezoning • • l ~~ i11F;-! ~ ! - ~ i ~,, ~_ / G ~ - ~ ~ ~ ~ ~ ~ (~ 3. j~ i ,. J f ii ~ 1~-J'J ;-"i ''~ ~ _-a.._.__-{ Northwest Commerce Park Rezoning r~ ~~ b. Existing Land Use Project Site: Vacant/Drainage Basin North: Thornydale Plaza: Lowe's Home Improvement Warehouse, Target, various commercial tenants East: Vacant South: Canada del Oro Wash; Thornydale Self Storage; Orange Grove Industrial Park: The Practice Tee, Home Depot, Costco, various commercial establishments West: West Ina Business Park; Old West Business Park; Ina Road Self Storage; various commercial and industrial establishments; Single-Family Residential; Union Pacific Railroad; Interstate 10 (See Exhibit I.A.3.b: Existing Land Uses.) c. Number of Stories of Existing Structures There are several one-story commercial and industrial buildings with varying heights and a few one-story mobile homes within aquarter-mile radius of the property. According to the Town of Marana Land Development Code, building height requirements for adjacent zoning designations may not exceed 25 feet for R-36, 30 feet for NC, 50 feet for VC and LI, and 55 feet for HI. • d. Pending Rezonings, Conditionally-Approved Zonings, Subdivision Plats and Development Plans There are no pending rezonings or conditionally-approved zonings within '/4 mile of the project site. Several commercial subdivision plats and development plans are located within the project vicinity; existing development is highlighted in Exhibit I.A.3.b: Existing Land Uses. e. Architectural Styles Used in Adjacent Projects .7 The architectural style used in the commercial projects to the north of the project site is an industrial common block. The industrial buildings to the west of the project site are also a common block-style. The self-storage facilities to the west of the project site use warehouse sheds as a building type. ~~ I -Inventory and Analysis 5 Northwest Commerce Park Rezoning • Site Boundary Quarter Mile Radius ,~ `. Existing CommercialAndustrial Development ~ ~ ~ 1 • Existin Residential Develo ment FILENAfvIEJAiC-03_exisflnglanduses.mxd g p SOURCE: Pima CounTy DO7 GIS, 2009 I -Inventory and Analysis 6 Northwest Commerce Park Rezoning 4. Location of Wells There are four wells on the project site registered under the Arizona Department of Transportation; all are located in the southwestern portion of the property. According to the Arizona Department of Water Resources, two are geotechnical wells (Registry ID #'s 566753 & 569739), and the other two are exploration wells (Registry ID #'s 561948 & 561949). (This project proposal does not include the use of these wells; final status will be determined at development plan stage.) The locations of the well sites are depicted in Exhibit I.A.4: Well Locations. No other wells are located within a 100-foot radius of the project site. • I -Inventory and Analysis 7 Northwest Commerce Park Rezoning • • i• gait i.A.4: weu Locations I __ , . _ LEGEND ~~ Site Boundary - - 100-Foot Radius IvoaTH a ~0~ ~~ / ~•, Wells (Registered ID # Labeled)~_ FILE N.AP,AE: ATC-03_wells.mxd SOURCE: Pima Cnunty DOT G~, 20(19 I -Inventory and Analysis 8 Northwest Commerce Park Rezoning • B. TOPOGRAPHY 5. Topographical Characteristics a. Restricted Peaks and Ridges The site contains no restricted peaks or ridges. b. Rock Outcrops There are no rock outcroppings located on the project site. c. Slopes of 15 Percent or Greater While the majority of the site is relatively flat, with its topography gradually sloping south toward the CDO Wash, there are a few areas that feature slopes measuring 15 percent or greater. These areas are largely the result of man-made drainage features, including a retention basin just north of the Regency Plaza Street alignment. Two drainageways (within separate drainage easements) are located on the site: one follows the western property boundary from the northern property line to the CDO Wash; the other extends from the existing retention basin adjacent to Regency Plaza Street, channeling flows to the CDO Wash. There is an existing • man-made berm on the northwestern portion of the property that features slopes measuring 15 percent or greater. Other small pockets of slopes 15 percent or greater are featured along the southern portion of the property, adjacent to the CDO Wash. d. Other Significant Topographic Features The site contains no other significant topographic features. 6. Pre-Development Cross-Slope The pre-development average cross slope was calculated using Pima County Department of Transportation GIS topography with 2-foot intervals. The average cross slope is 5.17 percent. Average cross slope = [I x L x 0.0023] / A Where: I =contour interval (2 feet) L =total length of contours (60,177) 0.0023 =conversion of "square feet" into "acres x 100" A =total site area in acres (53.57) I -Inventory and Analysis 9 Northwest Commerce Park Rezoning U u Exhibit I.B: Topography I ~ _: _ - ~-- , Ina Road ~ K i L l 1-rC ~/1 rir i~ i,~~j It i~ r~yr 1 In 1 1 . .._ ..._ ~ ~ I1r 1 ~ ~-1 ~ ~~ _ tY ~ ~j,rl rl~~ i ~_r- ~ ,; t,r ... 1 r, 1 ... ~,. :~ , s ~ , , ~ ~ .,~-,-~~ ~~ ~ . , 1 1 ~ ly ~ ~ !r 1~ ~~ f1~ i i r/ ~~/ ~ f ----- ~~ ~ } \~\\ ~)~ ~.i-~~ lip j `~= rr~ t^ ~~t h~ --~ ~_._~ ti I , ., 1 1 v k ~ 1~ ~ . v 1 :~~ 1 a w l l t ~ ~~..~ ""v i 4 L __Jeremy PIa~= i~ \\ 4\~ c ! ~ ' : r r^ ~~> 1 1',. , li ' ~ \ ~`\ 1 I 1 4 l ~~ I l+ r } ,.. 11 ( f 1 1 f '~ - 7 ~1 1 J~ ~ l 1 1 i l (~il Ji ... ~._~`1... ( 1 .1 v4\~ I~ < <Pil ~< 4 ., 1 \ .. it 1 t11 \ .~+"+*i -.._ ___..__, ~ ~.+ ~rLi Ot 1` 1 p ~ 1i ^ 1 l\41 \ ! ri'~ ~~j/ j 4 y_._ __ -----~.~ 5..,,-._._,-.. .._. ~ ~ \ M ~ I ~-"-.ter ,. A'~1 \ w-^'" `\ ~. ~ ~l ~\ ~ ~ to r \ ; ,~;, _. : \r } frf'; - s . t ~. 3 ~ _ ~ ,.\_ . S ~ 1 Ir 1 t k V--~ ` _ \ rr~41 > > r `\ ~I' \ -.. ~. _ _ t t e J •__v/ \\ ter / e. i ` ~i % 1'~ •~ ~l 1 . 'f 1 ~. ^ S ._. _.... ._ _. 1 1 \\ ~. \~ I \ 1 ! A i ~ ~ I w -~ . c, ~ \ ~ i it c \1 4+ \ ~'^ i \ 1 \~\, U ! 1 \~ ^~r t \ 1~ ~ a h r ,, ` ;,,.. ! \\• t.\ `~ ; 3 t'1 \` `. r ~' % `ter dl ~ rrv ~ j ~' ~ ~ 1 ~. , 1 1 \\r {• 1 rir / r-r ) ~ '~ ~ 1 -F ~. -. 1 '~ _.r_~k ~i...~._.i. \ ti'~~" ...... ~ 1^:.: .e.~lj l l ~"`j tl rt 4.~/ /\ `t I' ~ G~^ ~ 6 r> ( ~~ ~~ - ~ ,0 ~~` r rat Jt ~%~ ~ .. -l3 r \ r \ -.-- \\\ \\\ \~\ \ \^~ 1 i .I"'r Ga'i tit ~ - .-..'7' , • vvvv _ ', ~\ \\\• \\\\ ~\• 1 ``..-~~~/ ..~_i",y a -r •~ __.... •' \\\\ \~"\ ~\, .\'"~~ 221 >r ~i .;~'~ !! ~ ""~ri- ` ~ ~ ~ _ ~~ ~. ~--- 1.,,\ tie, • \\? ~•.~ L ~ .-- a- !''~~ r N ., i / a \\ i ~` ~~ \;\\ ~ t ~' Site Boundary -- -- 2' Contours NoaTH ° 2so~ ~~ ~ ~~~ _j Slopes greater than 15°,6~i • ®Slopes greater than 25% FILE NAME: ATC-03_topo®raphy.mxd SOURCE: Pima County DOT G~i, 2004 I -Inventory and Analysis 10 Northwest Commerce Park Rezoning C, C. HYDROLOGY 1. Information Regarding Off-Site Watersheds The site is located near the southwest corner of the intersection of Thornydale Road and West Ina Road. The project site is bounded on the north by commercial development, on the east by vacant land, on the south by the CDO Wash and on the west by a combination of residential and light industrial development. This site is more specifically described as being a portion of the northeast quarter of Section 6, Township 13 South, Range 13 East, Gila and Salt River Meridian, Pima County, Arizona. The subject property falls within the FEMA Zone AE and Floodway according to FIRM panel 04019C1610K dated February 8, 1999. A thin strip of land along the southern edge of the site is within the Cariada Del Oro Wash 100-year floodplain (Zone AE), which has a watershed of approximately 256 square miles with a 100-year peak discharge of 28,000 cfs. Base Flood Elevations, for this stretch of CDO Wash, have been established by a FEMA flood insurance study. Portions of the southwestern and central parts of the site are classified as Zone X -Shallow 100-Year, while the remainder of the site is located outside the 500-year floodplain. The site is not located within a balanced or critical basin; therefore, reduction of the 100-year pre-developed runoff will not be required. • The stormwater, from the developed parcels to the west, is presently intercepted within an existing channel that conveys the runoff to the CDO Wash. This channel also conveys runoff from watersheds north of the site and runoff from a portion of the pre- developed site for a total Q100 709 cfs, at the CDO Wash. The runoff from the Lowe's parcel, to the north, is currently intercepted within an existing storm pipe system, conveyed through a minor wash and discharged into the existing detention basin located immediately north of West Regency Plaza Street. The 100-year peak discharge from this detention basin combined with the 100-year runoff from the pre-developed site (232 cfs) is conveyed through an existing channel to the CDO Wash. The post-developed 100-year runoff, from the Target parcel northeast of the site, is completely contained within an on-site retention basin. There are no flows entering the site from the Target development. The runoff from the remainder of the off-site watersheds, the undeveloped parcel immediately to the east of the site, is currently flowing southwesterly across the Regency site to the CDO Wash. 2. Off-Site Natural or Man-Made Features A concrete lined trapezoidal channel, with aten-foot bottom and 1:1 side slopes, runs along the west property boundary of the site. This channel presently conveys a Q100 of 709 cfs to the CDO Wash, and with the development of the proposed project, the channel's 100-year discharge will increase. The north bank of the CDO Wash, adjacent to the proposed project, is currently unprotected with bank protection in place upstream and downstream of the site. I -Inventory and Analysis 11 Northwest Commerce Park Rezoning • The discharge from the Lowe's development that now flows into the existing detention basin will be intercepted within the proposed project's drainage system and conveyed to the CDO Wash. 3. Acreage of Upstream Off-Site Watersheds (100-Year Discharges Greater than 50 cfs) There are two major watersheds that impact the proposed site and some minor watersheds. The acreage of the upstream watersheds discharging the 709 cfs into the concrete trapezoidal channel adjacent to the west property boundary could not be determined from the available information. The upstream watershed for the CDO Wash, at this location, has been determined to be 256 square miles with a 100-year discharge of 28,000 cfs. The 100-year discharge from the Lowe's development will be obtained at the time the proposed project's drainage system is to be designed. The existing watershed of approximately 10.1 acres, to the east of the Regency site, generates an estimated Q100 of 80 cfs which sheet flows to the southwest across the site to the CDO Wash. 4. On-Site Hydrology On-site drainage flow conditions are characterized by: a. 100-Year Floodplain Greater Than or Equal to 50 cfs • There are three 100-year floodplains crossing this site with discharges equal to or greater than 50 cfs. The 100-year floodplain for the concrete trapezoidal channel adjacent to the west property boundary will be completely contained within the channel. The 100-year floodplain for the existing channel that conveys the Q100 of 232 cfs from the detention basin to the CDO Wash will be removed along with the channel and the basin. For the post-developed site, the runoff will be conveyed through the drainage system to the existing channel adjacent to the west property boundary. Before final design of the drainage system, channel capacity will be verified. The Canada Del Oro floodplain crosses the site and has an upstream watershed of 256 square miles. This floodplain will be removed from the site through the installation of bank protection, which will be placed a minimum of one foot above the 100-year Base Flood Elevation as determined by the FEMA Flood Insurance Study. The Base Flood Elevations adjacent to the site range from 2214 to 2227. b. Areas of Sheet Flooding with Average Depth Average sheet flow depth was undetermined for this analysis. c. Federally Mapped Floodways and Floodplains A portion of the site is located within a FEMA floodplain as indicated on Flood Insurance Rate Map Number 04019C1610K, effective date: February 8, 1999; • however, this portion of the CDO Wash floodplain may change with the forthcoming DFIRMs. Final design of the post-developed site will accommodate any changes to the DFIRM. ;..~ I -Inventory and Analysis 12 Northwest Commerce Park Rezoning • d. 100 year Peak Discharges Exceeding 50 cfs The on-site discharges are insignificant compared to the off-site flows. While the local drainage and conveyance will be addressed with the final drainage report, the off-site drainage and conveyance becomes the dominant flow. (See Section I.C.3 above.) The pre-developed runoff, from the on-site watersheds south of West Regency Plaza Street, sheet flows to the southwest to the CDO wash. At several locations, within this on-site watershed, the sheet flow is intercepted or directed to the south to the CDO Wash as a result of existing channels or raised concrete irrigation channels that act as berms.. This pre-developed runoff currently sheet flows over and through the bank, within small natural channels, into the CDO Wash. The runoff, from the on-site parcel north of West Regency Plaza Street, discharges into an existing on-site detention basin. The outflow from this basin is presently conveyed through an existing channel to the CDO Wash. 5. Existing Drainage Conditions along Downstream Property Boundary The pre-developed runoff from this site flows over and through the natural banks of the CDO Wash as sheet flow and as a point discharge through small natural channels within the bank. A few raised irrigation canals, on the pre-developed site, perform as berms to force the sheet flow to the wash as concentrated discharge. • • I -Inventory and Analysis 13 Northwest Commerce Park Rezoning • D. VEGETATION 1. Inventory and Description a. Vegetative Communities and Associations On-Site The site predominately consists of Desert Broom, which is an invasive plant associated with disturbed areas. The concrete-lined drainage ditch running north to south through the middle of the site is densely vegetated with Desert Broom. There is a small portion of larger and-more mature vegetation along the north bank of the CDO Wash consisting mainly of Velvet Mesquite and Foothills Paloverde. The fenced retention/detention basin north of Regency Plaza Street is also heavily vegetated by Desert Broom and other non-native invasive species. A Site Resource Inventory has been provided as an Appendix item, which identifies existing vegetation and other natural and man-made features on the project site. The majority of the project site is identified as Developed/Bare Ground, according to the Brown, Lowe and Pase System for classification and description of vegetation communities. A small portion of the site is identified as Sonoran Desertscrub, which is associated with vegetation along the CDO. (See Exhibit I.D: Vegetation Communities and Densities.) b. Significant Cacti/Groups of Trees and Federally-Listed Threatened or Endangered • Species According to the Arizona Game and Fish Department (AGED), the project site does not occur in the vicinity of any vegetative Proposed Critical Habitat. AGED has identified Special Status Species that occur within a 3-mile radius of the project site. See Table 1: Special Status Species in Section E. Wildlife. c. Areas of Especially Important Vegetation There are no areas of important vegetation on the project site. 2. Densities of Vegetation There is one area of high-density vegetation within the existing retention basin in the center of the project site; however, the majority of this vegetation is Desert Broom and other non-native invasive species. There are two areas of medium-density vegetation along the existing drainage channel in the center of the property and along the CDO Wash. The remainder of the project site is considered low-density vegetation. (See Exhibit I.D: Vegetation Communities and Densities.) I -Inventory and Analysis 14 Northwest Commerce Park Rezoning Northwest Commerce Park Rezoning E. WILDLIFE 1. Letter from Habitat Specialist The summary page from Arizona's On-line Environmental Review has been included as Exhibit: I.E: AGED Online Environmental Review. There are no state-listed threatened or endangered species or any high densities of any specific species present on the project site. Additionally, the project site does not exhibit any riparian ecosystems. 2. Description of Wildlife Concerns According to the Arizona Game and Fish Department's Heritage Data Management System (HDMS), the following Special Status species are known to occur within a S- mile radius of the project site: Table I.E: S ecial Status S ecies • Common Name Scientific Name Status Bat Colony Western Yellow-Billed Cuckoo Coccyzus americanus occidentalis C, WSC Fulvous Whistling-Duck Dendrocygna bicolor SC Cactus Ferruginous Pygmy-Owl Glaucidium brasilianum cactorum SC, S (BLM), WSC Cave Myotis Myotis velifer SC Stag-horn Cholla Opuntia versico/or SR Tumamoc Globeberry Tumamoca macdougalii S (USES) , S (BLM), SR Status Definitions: C: Candidate LE: Listed Endangered S: Sensitive (BLM & USES) SC: Species of Concern SR: Salvage Restricted WSC: Wildlife of Special Concern The burrowing owl (Athene cunicularia) is identified as a Sensitive Species by the U.S. Fish & Wildlife Service and is addressed under the Town of Marana's Draft Habitat Conservation Plan. The owl is known to nest in small mammal burrows and in unusual locations such as erosion holes around irrigation canals, piles of concrete rubble, dirt piles, banks along washes, and pvc pipes with an angled opening above the ground. A burrowing owl survey will be completed by a qualified biologist 30 days prior to ground disturbance on the project site. • I -Inventory and Analysis 16 • ~ c C O N C d U N O U ^~ W 3 t 0 z • ~ ~ m ~ J A z 0 ~° .~ _. .: ~ ~v c~ N U u,o a~i~ o C) '7 ~ O .GV ~N W - o ~ ^ lQ z ~~~~ x ~K cx2'~ d N 4 u y .4~ o ¢~ac~ u`. -~ ~ -~ ~ a~ c ~> ~> -o ~ ~ w '> ~~~ ~ ~ E o ~-~ N.~ U ~oa~o ~~ ~a a Y a~ ~ w ~ ~ w W ~ .~ C ~ ~ N ~~-~:~~ ~~v,c U ~ O ~ V .~ ~ ~ N ~ a a~~'~ 0 a .N _~ C Q C O } c N c i i~ Northwest Commerce Park Rezoning • F. VIEWSHEDS 1. Viewsheds Onto and Across the Site Various photographs were taken of views from and across the project site, as shown in Exhibit I.F.1.b: Site Photos. Exhibit I.F.1.a: Photo Key Map indicates the locations from which the photos were taken. a. Views and Vistas from Adjacent Properties North: The proposed development will be visible from properties south of the project site, but will not impact views and vistas to the north because existing developments north of the project site already impede views and vistas. The vegetation along CDO Wash will act as a vegetative barrier for properties to the south. South: The proposed development will not be visible from Ina Road because existing developments, such as Lowe's Home Improvement Warehouse and Regency Plaza impede views onto the site. • East: The proposed development will be visible from Interstate 10 and other properties to the west of the project site, but will not have a significant impact on views and vistas because of existing development north and west of the project site and existing fencing along the western border. West: A portion of the proposed development will be visible from Thornydale Road to the east. The views of the Tucson Mountains will not be affected because the site sits lower than Thornydale Road and properties east of the project site. b. Views and Vistas from Areas Beyond Adjacent Properties The significant views and vistas beyond adjacent properties are of the Tucson Mountains to the west, the Santa Catalina Mountains to the northeast, and the Tortolita Mountains to the north. This development will not affect these views and vistas because the proposed development is distant from any residential development, will exhibit building heights similar to those of surrounding developments and will comply with appropriate zoning setbacks. • I -Inventory and Analysis 18 Northwest Commerce Park Rezoning • • ~' ~. Photo 5: Looking south from northern portion of property. Photo 6: Looking east from western portion of property. • Exhibit I.F.1.b: Site Photos ~ ~.~ ~..~ . ~~ - ~ ~. ~. ~° <~ a s ~ _ j ~ ~ ~~~ * ~, ~ ; r "~,+ ~ °~•~ ~~ ,~ ~~ ~.,. ~ ~~: I -Inventory and Analysis 20 Photo 2: Looking north from northern entrance of Regency Plaza Street. Photo 3: Looking northeast along Regency Plaza Street from center of property. Northwest Commerce Park Rezoning • • • Photo 7: Looking northeast onto property and along CDO Wash Photo 8: Looking southwest along CDO Wash from southeast from southwest corner of property. corner of property. ~.,,r i' Photo 12: Looking east toward existing berm from western portion of property. I -Inventory and Analysis 21 Exhibit I.F.1.b: Site Photos continued Photo 11: Looking north along existing drainage channel from center of property. Northwest Commerce Park Rezoning • • ~.~., -<,~ Photo 13: Looking east from southwestern portion of property. Exhibit I.F.1.b: Site Photos continued Photo 14: Looking east along northern portion of property. Photo 16: Looking northwest from southeastern portion of property. ~ ~ ~ b ~"k ~. Photo 17: Looking south into retention basin in center of property. Photo 18: Looking west into retention basin in center of property. I -Inventory and Analysis 22 Northwest Commerce Park Rezoning . 2. Areas of High, Medium and Low Visibility from Nearby Off-Site Locations: Areas of the subject property defined as having high, medium and low visibility, as viewed from major arterial roads (Ina Road, Thornydale Road and Interstate 10), are illustrated in Exhibit I.F2: Visibility, and were determined as follows: High Visibility: Areas not obscured by existing development, vegetation or terrain and visible from adjacent arterial roads. There are no areas of high visibility due to distance and existing development between the site and Ina Road and Thornydale Road. Medium Visibility: Areas visible from off-site but obscured somewhat by vegetation or distance from major arterial roads. The southwestern portion of the site is visible from Interstate 10; however, dense vegetation along the CDO Wash makes that portion of the site only moderately visible. The eastern edge of the site is visible from Thornydale Road; however, the vacant parcel between the site and Thornydale Road creates a buffer due to the distance between the two vantage points. Low Visibility: Areas on-site that cannot be seen from major arterials due to existing development, vegetation and/or topography. The majority of the site is not visible from Ina Road and Thornydale Road due to existing development along both roads. The majority of the site is also not visible from Interstate 10 due to existing development and vegetation along the CDO Wash. • ~r'~ I -Inventory and Analysis 23 Northwest Commerce Park Rezoning • Exhibit I.F.2: Visibility Ma Road -- - ~ ~. F vs ,.__ _...._. w} ~ ~ i ~,~Jeremy.Place- _ ~ _ VV m t C ..-_ ~- .~ ~i O ~_ ! ~'' -- V --- \ ~ .~ -;. ~, _~ ~ r ~ o ~ t Costco,Place~ ~~ Site Boundary Law ~sibildy ~ ~~ • ®Meditxtt VisibHity YLL~~,..cJ'~l fRE NAME. ATC-03_vlalt~Ilty.mxd SOURCE' P&na County DOT 6~i. 2009 I -Inventory and Analysis 24 Northwest Commerce Park Rezoning G. TRAFFIC 1. Existing and Proposed Off-Site Streets The development is located on vacant parcels set back about 1,000 feet south of Ina Road and 1,000 feet west of Thornydale Road. These are the two major arterial streets closest to the project. Regency Plaza Street is the only existing public street located between the development and these arterial streets. 2. Arterial Streets within One Mile of the Project Site Table I.G.2: Existing Roadway Inventory is an inventory of major roads within one mile of the project site; roadway locations are depicted in Exhibit I.G: Major Roads One- Mile Context. Right-of--way (ROW) widths are from either the Town of Marana's Major Streets and Routes Map, Pima County's Major Streets and Scenic Routes map or measured from the main MapGuide map on Pima County's website. Daily volumes are from recorded traffic volume data from DOWL HKM Engineering or Pima Association of Governments. Daily capacity estimates are from the Florida Department of Transportation's Level of Service Guidelines. Table I.G.2: Existing Roadway Inventory • Roadway Interstate 10 Ina Road Thornydale Orange Grove Regency Plaza Information Road Road Street Jurisdiction ADOT TOM TOM TOM TOM Right-of-Way/ Future Right-of- 350 150/150 150/150 150/150 100/100 Way No. Lanes 6 4 6 6 4 Bike Route No Yes Yes Yes Yes Bus Route Yes Yes No No Yes Sidewalk No Yes Yes No Partial Speed Limit 65 45 45 35-45 35 80,500 N of 36,877 W of 46,057 W of Ina Thornydale 33,506 N of Ina Thornydale Daily Volume 528 82,400 S of 38,792 E of 33,223 S of Ina 22,109 E of Ina Thornydale Thornydale Daily Capacity 120,200 32,900 32,900 32,900 25,200 a. Existing and Proposed Rights-of--Way Widths Existing and proposed right-of-way (ROW) widths that provide existing access to the project are identified in Table I.G: Existing Roadway Inventory. ROW widths • are from either the Town of Marana's Major Streets and Routes Map, Pima County's Major Streets and Scenic Routes map or measured from the main MapGuide map on Pima County's website. I -Inventory and Analysis 25 Northwest Commerce Park Rezoning • b. Conformance with Minimum Requirements The widths of the existing major streets that provide existing access to the project conform to minimum requirements. c. Ownership Roadway ownership is identified in Table I.G: Existing Roadway Inventory. d. Continuous Rights-of--Way The existing major streets that provide access to the project have continuous rights-of--way. e. Travel Lanes, Capacity, Posted Speed Limit on Existing and Proposed Roads Travel lanes, capacity and speed limits that provide existing access to the project are identified in Table I.G: Existing Roadway Inventory. f. Present Average Daily Trips for Existing Streets Average Daily Trips (ADT) are identified in Table I.G: Existing Roadway Inventory. Traffic counts for Ina Road, Thornydale Road and Regency Plaza Street were . conducted by DOWL HKM Engineering, while Interstate 10 and Orange Grove Road traffic counts are from Arizona Department of Transportation and the Pima Association of Governments respectively. g. Sun`ace Conditions of Existing Roadway Providing Access to Site The only roadway providing direct access to the site is Regency Plaza Street, a four-lane divided roadway. The current roadway surface conditions are fair. The roadway asphalt is rough with some cracks. Other roadways providing access to the site are in fair to good condition. Ina Road is fair with some cracks and minor rutting. Thornydale Road, which was recently widened, is in good conditions with few cracks. 3. Existing and Proposed Intersections Existing major intersections that will be analyzed in the Traffic Impact Analysis (TIA) for Northwest Commerce Park are: • Ina Road/Camino Martin • Ina Road/Oldfather Road • Ina Road/Regency Plaza Street • Ina Road/Target Drive • Ina Road/Thornydale Road • Ina Road/Meredith Road • Thornydale Road/Horizon Hills Drive • The subdivision lots will be accessed via Regency Plaza with the exception of Lot 31 which is accessed off Camino Martin. The access off Regency Plaza is shown below I -Inventory and Analysis 26 Northwest Commerce Park Rezoning • in the Table I.G.3: Existing and Proposed Intersections and is referenced to the site plan lot numbers. The layout uses existing access points except for a proposed cul- de-sac that aligns with Jeremy Place west of the project site (northbound left turn lanes along Regency exist for this intersection). A 60-foot easement for Jeremy Place is provided from Regency Plaza Street to the project site boundary for a possible future extension by others. Currently, the projected number of trips for this project does not necessitate a connection between Regency Plaza Street and Camino Martin; however, if higher traffic generating uses are developed for this site requiring a connection, the developer will work with the Town to secure right-of--way west of the project site and construct necessary improvements. Table 1. G.3: Existinp and Proposed Intersections • Existing/Proposed Access to Lots Existing or Public or Design Improvements Intersection Pro osed Private Standard Commercial and Turn-Lane and Lane Ina/Regency Plaza All Existing Public Industrial Street Restrictions Standard Cul-de-sac Commercial and (possible future Jeremy Place 1, 2, 3, 4 Existing Public Industrial Street Full Access extension) Standard 9 10 11 14 15 Commercial and Cul-de-sac , , , , , 16 Existing Private Industrial Street Full Access Standard 7 19 8 20 21 Commercial and Cul-de-sac , , , , , 22 23 24 25 26 Existing Private Industrial Street Full Access , , , Standard Commercial and Lowes/Target N/A Existing Public Industrial Street Full Access Standard Thornydale/Regency Commercial and Right-Turn Lane on Plaza All Existing Public Industrial Street Thornydale Standard 4. Existing Bicycle and Pedestrian Ways Existing bicycle and pedestrian ways are identified in Table I.G: Existing Roadway Inventory. • I -Inventory and Analysis 27 Northwest Commerce Park Rezoning • Exhibit I.G: Maior Roads One-Mile Context O Site Boundary Bicycle Routes NORTH a t,0o0 2000 - -One-Mile Radius Bus Routes (Sun Tran) ~ 1•, ~~~~ -! • Interstate {isa~~so•> ExistinglFuture Right-of-Way FILENAPAE: ATC-03_irMfic.mxd SOURCE: Pima County DOT G5, 2009 --~~ Union Pacific Railroad Tovm of f~tarana. 2009 I -Inventory and Analysis 28 Northwest Commerce Park Rezoning C H. RECREATION AND SCHOOLS 1. Recreation There are four Pima County administered parks within aone-mile radius of the project site. Denny Dunn Neighborhood Park is north of the project site along Massingale Road. Sportspark, which is currently closed due to budgetary constraints and construction improvements, and Ted Walker Regional Park are both west of the site along Interstate 10. Richardson Neighborhood Park is east of the project site along Green Trees Drive. There are no Town of Marana administered parks within aone- mile radius of the project site. There are three trails identified within the Eastern Pima County Trail System Master Plan within aone-mile radius of the project site. Canada del Oro Trail follows the CDO Wash adjacent to the project site and is designated as a First Priority Candidate Primary Trail (#2). Santa Cruz River Trail follows the Santa Cruz River southwest of the project site and is also designated as a First Priority Candidate Primary Trail (#8). Silverbell Road Trail follows Silverbell Road southwest of the project site and is designated as a Candidate Road Right-of-Way Local Trail (#152). None of these trails within aone-mile radius are constructed. (See Exhibit I.H: Recreation and Trails.) • 2. Schools The project site is within the Flowing Wells School District; however, the proposed development will not affect enrollment of local schools. Schools within one mile of the project are identified on Exhibit I.H: Recreation and Schools. I -Inventory and Analysis 29 Northwest Commerce Park Rezoning • Exhibit I.H: Recreation and Schools ~~ • • 1 ~ ` ~ ~ o i..~~ e ~= ~ •••® ~ :- s - +, oaaTr ~ •e~!i °~'i Ina • Local Schools \ 1. Thornydale Elementary 4. Richardson Elementary 2. Butterfield Elementary 5. Mountain Rose Academy 3. PPEP TEC 6. J. Robert Hendricks Elementary e Local Parks • ~~ / a 7. Denny Dunn Neighborhood Park ~~ + "~~ ~~i~ 8 Sportspark ~i. qt g, Rol®i®o R~: ®, 9. Ted VNalker Regional Park t ~ M 1o. RlcSia~d>on Neiahtx nc~od Park ~ • o~ •~ • LEGEND Q Site Boundary Park ,,. Private School NoarH a t.ooo 2.oao~ - -One-Mile Radius .., River Park ~ j~,J Interstate Charter School ~~ ~!~ • • • • Trail FILE rJAh1E: ATC-03_recreation.mxd PUbIIC School SGURCE: Plma County DOT 61~, 20a9 I -Inventory and Analysis 30 Northwest Commerce Park Rezoning ., ,~ I. CULTURAL, ARCHAEOLOGICAL AND HISTORIC RESOURCES 1. On-Site Cultural and/or Historic Resources The property was surveyed for cultural or historical resources by Desert Archaeology, Inc. in July and August 2005. One historic and two prehistoric sites previously documented in a 1937 survey have since been modified with terracing and earthmoving associated with agricultural activities. Thus, artifacts have been redistributed such that the two prehistoric sites retain none of their integrity; the single historic site, which included a pit and canal, lack research value and integrity. No other remains were identified. 2. Letter from a Qualified Archaeologist A preliminary report has been prepared describing the methodology of the archaeological evaluation and results of survey. (See Exhibit I.I: Letter from Desert Archaeology, Inc.) The archaeologist recommends no further archaeological work on this parcel. .7 I -Inventory and Analysis 31 Northwest Commerce Park Rezoning S Exhibit I.I: Letter from Desert Archaeology, Inc. DESERT ARCHAEOLOGY, INC. 3975 N. Tucson Blvd. Tucson, AZ :85716 William H. Doelle, Ph.D.. (520) 881-2244 -FAX 881-0325 President e,rmi~: atsb„e~x ~„n, August 5, 2005 Mr. Matt Dickey Boum Partners 3915 E. Broadway Blvd. Tucson,. AZ 85711 Dear Mr. Dickey, Between July 25 and August 2, 2005, Desert Archaeology, lnc. conducted a due diligence assessment of archaeological remains on approximately 60 acres of land north. and ~th of Regency Plaza Street southwest of the :intersection of Ina and Thornydale roads, in the northeast quarter of Township 13 South, Range 13 East Section b, in Marano, Pima County, Arizona. This letter provides a preliminary report of the methods used for'this evaluation and their results. • In 1937, Harry Getty and. Frank Midvale conducted a survey along the Canada del CMo wash in advance of the installation of a sewer line. They recorded two prehistoric sites within the current parcel AZ AA;12:1 (ASM) and AZ AA:12:2 (ASM). A third site, AZ AA:12:5, was recorded near the southwest boundary of the project area, however, its actual location is in question. Site AA:12;1 was described as a 200-foot diameter artifact scatter with one dense concentration measuring 25-feet in diameter. Artifacts described include plain brown ceramics, red-on-buff ceramics, a shaped pottery disk, manor and flaked stone scrapers. AA:12:2 was described as a distribution of plain brown and red- on-buff ceramics, flaked stone scrapers metates, manor, hoes, and shell within an area measuring 300 feet in diameter. Although the estimated quantities of artifacts on the site were relatively low - 50 sherds were observed at each location- the diversity of artifacts suggests that a variety of #ood processing, serving, and storing activities may have taken place here, so some subsurface features were likely. AA:12:5 was described as fiaving a sparse distribution of plain. brown ware ceramics. In 2002, the project area was surveyed by P.A.S.T. (2002). P.A.S.T identified the previously recorded site of AA:12:2 on the east side of the parcel, AA:12:5 on the west :margin, and an unnumbered area of 'highest artifact density' in the northwest portion of the parcel. Given the presence of cultural materials they recommended additional archaeological work, if avoidance was not possible. • I -Inventory and Analysis 32 Northwest Commerce Park Rezoning • Exhibit I.I: Letter from Desert Archaeology, Inc. continued pesert Archaeobgy, Inc. Page 2 The current investigation of the Ina/Thomydale area property was conducted on behalf of Bourn Partners to assess the potential for cultural .resources as part of the due diligence process. prior to purchase. As part of this assessment, Desert Archaeology, Inc.. personnel examried the distributicm of archaeological materials across the site to guide the placement of exploratory backhce trenches, made artifact oolkctions, conducted a geornorphok>gcat assessment of the site areas, and examined maps far evidence of .historic period land use. Since sites AA121 and AA;i2: 2 were first recorded, the parcel has been modified by terracing associated with agricultural activities that began between 1:936 and 1953 and were conducted at least into the 1970s. In addition, the Canada del Oro Wash was channelized during this period. Earthmoving for these activities included cutting and filing of the slope, and pMwing the fields. These activities have redistributed artifacts from the relatively: tight concentrations mapped in the }930s into extensive and diffuse artifact scatters. The goal of exploratory backhoe trenching and the geomorphological assessment was to identify the presence of intact cultural resources or the potential for intact cultural resources within five feet of the modern ground surface. Fourteen trenches, totaling 638 m (2094. ft) were excavated in AA;12:1 and seven trenches, totaling 296 m (472 ft) were excavated in AA:12:2, and a single trench measuring,27 m (88 ft) wasexcavated irr the • southwesternmost triangle of land between the railroad and the Canada del oro Wash, near where AA:I2:5 was plotted by P.A.S.T{2002). In the walls of trenches within AA:12:1 and AA:12:2, prehistoric artifacts were identified both in a plow zone between 15 and 45 cm (6 to 18 inches) deep and in the upper portion. of alluvium immediately below the plow zone, but no prehistoric subsurface features were visible. The geomorphological assessment of the trench profiles identified areas close to the prehistoric ground surface, showing that the early surface was missing. ThLs evaluation further concluded that trench depth was sufficient to find Hohokam period features if .they were still intact. The trench near AA;13:5 was excavated through recent channel deposits, as indicated by a piece of late nineteenth or early twentieth century barbed wire fencing 78 cln (31 inches) below the modern ground surface. Two historic period features were present within the boundaries of AA:12:1: the base of a canal that is visible on the 1936 National Resource Conservation Service aerial, and a small pit that is probably associated with the agricultural use of the land. This feature may be a divot eft by earthmovng machinery or perhaps the Location of a fenceline. The historic period. canal was assigned Arizona State Museum site number, AZ AA;12:1011. No features were found at AA:12:2 or near AA:12:5. Desert. Archaeology's assessment of this parcel near: the southwest corner of lna and Thornydale Roads is that the agricultural activities of the mid-twentieth century impacted the tcvo prehistoric sites recorded in 1937 such thatthey retain none: of their • I -Inventory and Analysis 33 Northwest Commerce Park Rezoning • Exhibit I.I: Letter from Desert Archaeology, Inc. continued Desert Archaeology; Inc. Page 3 integrity, and the potential for intact subsurface features is very low. The historic period .pit or divot at AA:12:1 lacks research value, and the canal, AA:12:11f11, lacks sufficient integrity, and does not meet the eligibility requirements for the National Register of Historic Places. No further archaeological work on this parcel will be recommended.. However, if at any point, previously unidentified cultural resources are encountered during activity related to construction during the project, the contractor shall stop work at that location and take all reasonable steps to secure the preservation of those resources. To bring the,Ina-Thornydale Testing project to completion, a technical reportwll be prepared that summarizes the results of field work, describes the results of artifaet analyses,. and provides the formal recommendations regarding the treatment of the cultural resources on this property. A draft of this report will be delivered to the client by September 30, 21105. .Sincerely, Patricia Castalia • Operations Director • I -Inventory and Analysis 34 Northwest Commerce Park Rezoning Exhibit 1.1: Letter from Desert Archaeology, Inc. continued Desert Archaeology, Inc. Page 4 • Project Mea 1~~~ ~) lam '~ J ~ AZ AA:12:2 (ASM) ~ s ~za-:~2:to»~asMj ~ ~ j ~ /~%/f 1 e ~~ ~ ~ I ~ j ; mow,, ,~ I .~ .~.~,,. fi AZ AA:12:1 (ASM} I ~~ i ~~ ~, s \, Ina and'fhornydale Testing nlara,na..nma CamtwA7. KAY Project Methods and Fiadixgs s_J Sias Bamerd~y LTA~i Froj¢ckkm Yl2 ;tiAUti Afeters • Ca1Wrd Feskure ~[ ~ i~ - Backhoe Tre~ct, 1.~7®J U Feee 7Y~ Q S40 ~a I -Inventory and Analysis 35 Northwest Commerce Park Rezoning • J. COMPOSITE MAP The McHarg Composite Map, displayed as Exhibit I.J: Composite Map, is based on the inventory of natural site features and adjacent land uses to assess the full impacts of the proposed development. The project site is currently vacant and does not contain any existing land uses or structures. Adjacent parcels are currently developed with commercial, industrial and residential uses. There are four wells that exist within the southwestern portion of the site, however, the project proposal does not include the use of these wells; final status will be determined at the development plan stage. The majority of the site is flat due to previous grading. There are a few areas that feature slopes greater than 15 percent or greater, which are primarily associated with man-made drainage features. The site is adjacent to the CDO Wash and contains a thin strip of land along the southern edge of the site that is classified as being within the 100-year floodplain (Zone AE). Necessary on-site improvements will remove the site from the 100-year floodplain. The site is primarily void of any vegetation. Areas of high-density vegetation are associated with the detention basin on-site, which is heavily vegetated by Desert Broom and other non-native invasive species. There are no areas of high visibility onto the site due to distance and existing development between the site and Ina Road and Thornydale Road. In conclusion, the physical constraints and existing land uses adjacent to the project site will not impede development on this site. ~'1,.~ I -Inventory and Analysis 36 Northwest Commerce Park Rezoning r~ U txmplt i.~: composite map i --fi ' i t; i ~ i . ~ re i ` ! i i ..__. ~ USINESSES~;`% ~ i' ~ + ~ ~ ~ ..-.-~--~' d ~' ; e ~ ' COMMERC ~ -- ~ ¢ ~ti --, ir ~ BUSINES: ~R ~ ~ d ~ ~' a",~~ arr ~ - ~~ ~~., f N ~ h# I I i1 1, ~ a~> ' , ~~' T i " lace _.l ~ i remy P ` . v ~ ~ i ~ i. ~ ---~--~ ~ c t/ t i VACI ..! :J ~._;~ ., , , ~„/ t~ ~_ r t-- F! /~ ~ ! tF .! :"''1wr ~~YI h ~/ j i F !F ~ !f d/ .1 LEGEND ~~ Site Boundary FEMA Zone AE High-Density Vegetation* ----- 2' Contours ~ -° °~ FEMA Zone X - ®Medium-Density Vegetation roan-i a 250' moo, Slo s reaterthan 15% `' Shallow 100-Year ,~ ` ~ (___ i~ g 'Primarily Desert Broom and other non-natNe ~ ~ ~ Slopes greater than 25% ~ Low VisitNlfty invasive species '~.~~~ Q Wells ®Medium Visibility SOURCE: FPima County DO~ ~ 2009 I -Inventory and Analysis 37 • • II -Land Use ~~. ~}; ~:.'.i.`.:f: ~.K IJ: ', ~: ~•~~.; Northwest Commerce Park Rezoning • A. PROJECT OVERVIEW The proposed development is Northwest Commerce Park, an industrial/business park subdivision. The project is intended to add to Marana's employment opportunities by providing an attractive cohesively planned park with a range of potential uses. Although a previous effort was made to rezone the property for retail use, the majority of the site is not ideally suited for retail given its limited visibility from arterial streets. This proposal is compatible with the surrounding retail uses and enhances Marana's "Golden Triangle" by providing the opportunity for a variety of businesses to locate within the Town, thereby diversifying the tax base and providing quality jobs to residents. This rezoning is being sought to ready the site for multiple future tenants. It is the developers desire get this site "shovel ready" in order to be able to attract tenants and build to suit as quickly as possible. This will allow the developer and the Town to have a competitive advantage to attracting new businesses or relocations to the site. As such, this project is presented as a commerce park subdivision showing the proposed lotting of the property as well as proposed circulation/access to the individual lots .and proposed buffering between the project and existing surrounding land uses. Typical building and yard footprints are included as illustrative concept plans showing how the lots may be developed. A master tenant association will be formed and CC&Rs will be prepared during the development plan/subdivision plat process to ensure quality standards for initial construction as well as ongoing operations within the park and the continued maintenance and appearance of the buildings and grounds. Heavy industrial zoning is requested to accommodate a range of industrial and commercial uses, including such potential uses as light manufacturing, warehousing, research and development, construction yards, distribution operation, showroom and retail uses and commercial services. Although the intended uses are not necessarily heavy industrial in nature, the Light Industrial zoning designation does not allow for this range of uses, particularly the envisioned retail and services. The uses for the proposed development will not include uses prohibited in the Heavy Industrial zoning district as well as all uses prohibited in the Light Industrial zoning designation. The developer has met with the adjacent land owner to the east to discuss potential concerns over this intensity of zoning, and has agreed to the following limitations and restrictions to address this transition of uses: • Recycling uses, pallet or lumber storage must be fully screened from view from adjacent properties outside the park. • Meat rendering and manufacture or storage of explosives are prohibited throughout the development. • Screening along the east boundary of lot 30 shall be block or wrought iron. • Metal buildings shall not be allowed on lots 9, 10, 11, 12, 13 and 30. The proposed Tentative Development Plan (TDP) provides a total of 31 individual lots • ranging in size from 1.0 acre to 2.25 acres. The intent of this TDP is to show a scenario that assumes several different users with a variety of lot sizes. II -Land Use Proposal 39 Northwest Commerce Park Rezoning An Alternative TDP has also been provided which accounts for the possibility of developing the project with larger lot sizes to accommodate "campus" type of users. Depending on the ultimate mix of users, the final Development Plan may be a combination of these two plans with a variety of lot sizes. The proposed development will utilize Regency Plaza Street including existing turn lanes and curb cuts. A 60-foot easement for Jeremy Place is provided from Regency Plaza Street to the project site boundary for a possible future extension by others. Currently, the projected number of trips for this project does not necessitate a connection between Regency Plaza Street and Camino Martin; however, if higher traffic generating uses are developed for this site that necessitate a connection, the developer will work with the Town to secure right-of--way west of the project site and construct necessary improvements. Access to lot 31 is proposed via Camino Martin utilizing an existing 60-foot access easement. Because of the narrowness of the connection between it and the remainder of the property to the east, it is not feasible to provide vehicular access between it and the rest of the project. Due to the fact that the parcel may be developed independently of the remainder of the project, we have renumbered the proposed lots to make this Lot 31, so it could be more easily separated from the rest of the project site at a future date. Paved all weather access will be provided to all lots within the development. B. TENTATIVE DEVELOPMENT PLAN See Exhibit 11.B.1.a: Tentative Development Plan, Exhibit II.B.1.b: Alternative Tentative Development Plan and Exhibit 11.6.2: Site Plan Concepts. (A folded full-size TDP is . included with this submittal package.) C II -Land Use Proposal 40 Northwest Commerce Park Rezoning • • '• 8~ ..._ . I~.-~-,~ I l I E l.__.~ r - - .1 r` °' I 3 I I l 1, I rlr''. 1 111 tt ~ ~"-F~ t n, ff J ~ .l~ NC ZONING Pmposedb rm - 15' Proposed Drainage Easrrent (private) by separate instrument DKT. PG. )~~ ~ a G p,5 (°''' 3 14 as , ls+ F(RE 5 I ~-- ____.~_-Q___--~-~__ _- r~-~ A ~ ,+ vc ~- - - 1 zowNG 1 I r ~' > S 01'44'56' W NC ~I 16.BT i ZON01G ``~~" 1 d1°44'58' E i a6.ar Drain~e Agreement ' , {private) i 1 1 DKT.9608,PG2/13 I / EmsnNC ~axES . 'u r ~ C RA acnnr c I 51°RM OAAIN F (j~( ~I 20 ~ zs 1 ~~ i erg ar s ~. ~ +------ji}~' -- Nri'"~" 28 as3 VC aca-s QSE~ HI) I ~~.. 29 z~ r r on co, mar, ru os L I ~ LL ~ ~ ~ as ' 1 ~ ~ 25 ~ /~ ~~ % 80' Drainage Easeml ~ _ ~ ,,G~ q aasrs ~ ~ , F l I ~, ` a£` to be nwved OKT. 95 ~ a{ t~ ~ 1 . ; I I , ,~ ' 40' UEility easement (puhlicl ~ ~~` ~ ,C g ~ ~_ _~ - ~ _„o ~ h ~ Pe° r,-, DKT.7733, PG,816 .l . =~"a:"~ I 1`: .~ 60' Proposed Oralnage Easemen . ~~ ~ ~ ~\30' Sewer ~semenl(puWic) ~.. ` 14 ~ l~ (pmat DKT.separa~le instrum~rt t t o ~ ~y,` s\ ~ \ DKi.4S~n 136 - „. s ~ w:aMS ~ Open Channa! Flaw To Wash ' _ _ - ~ ~`' ~ `~ ~~~ ~ ~, ~ ~ ' I /~, ,il, 50' Proposed Aaess Easement (pu(~cffor 200' Ekd. easement (public) ~ / DKT.2430, PG.365 ` ~ ~, ~ ~ 60' Access Easemerd IP~te) DKT. 3684 PG. 440 ~.. .\ ,h ~ ,~ ~~\~, S y ` u \~ i ~ ZONING ~\ ~~` 40' Sanitation easemeN (public) DKT.3709, PG.215 k i l t I I I I vc ZONING 2m><zo'rel co. Easement(e><clusive) DKT.9569, PG 1183 r Exhibit 11.6.1.a: Tentative Development Plan Legend ___ i:; JSite Boundary ~"! Existing Water ' L~ Existing Ory Utilities C'Existing Sewer -- 5' Elevation Contours ---Existing and Proposed Easements ' -••-Lot Lines ~~ -•-Proposed Flow Direction Arrow Existing Flow Direction Arrow Storm Drain C~Landscape Buffer#1 ~ Landscape Buffer #2 C~Landscape Buffer#3 r~Landscape Buffer #4 NOTES: • Project Site Area: 53.5 AC • Existing Zoning: MR-2 (Multi-Family: MedlHigh Density}; VC (Village Commercial) • Proposed Zoning: HI (Heavy industrial} • Existing Land Use: Vacant • Proposed land Use: IndustriallCommercial Uses • Lols Provided: 31 Minimum Cot Size:1 AC • Maximum Building Coverage: 50°k • Maximum Proposed Building Height: 55' • Minimum Building Setbacks: Adjacent to Industria1:10' Adjaceni to Commercial: 20' Regency Plaza StreeULocal Streets: t0' C00 WashlDrainage Channels:l0' • Parking Requirements: Dependent on use • Loading Zone Requiraments: Minimum 1 loading zone per lot • Minimum of 10°/. of lot area to be landscaped !``~`" D ear aar F4E NAME. AtCN~f~'$.o~,sr;Irpv-8.s~a1 ~a ) / , r Pima County Reganal Food Control D~stnct -_ { by separate ir>strumerd DKT"" PG 7 ~~ ~ ../"'°"`~ ,~~-- r4r,1~' , _ 't5' Prapased TraiE Easement (puNia) J ~,- ~ i ~- .. -° ` II -Land Use Proposal 41 Northwest Commerce Park Rezoning • I I { I I I I I i ! 6r7 Future Jeremy Waco eztenaion easement by j'°" sep~ate insirurrreM (if detemdrred r~ecessery) I HI i ZONING \~r r _ .,~ ;; 1 R•36 ; I ZONING I -*,^ _ _ - ~ `~7 2 eD APdtES ,--- ~-_ tF --~ aCeES J ~-__ -- ~ - _`~"._ - _ s r / VC ' I- ZONING ~ _~ ] f ~' Nc N ~1 °44'58' E -r 1 I ZONING°~-'`" 4s olr sot°4a'Strw 18.87 I~ I Draanage Agreeme~M a'' (t a p (prrrate) ~ ( DKT.9808, PG.2473 R I , G ~ I = i +00.!'.5 ~~, -...._ I (PROPOSED ti{~ vc SED HI) . 1 R ,f = 15 Proposed Drainage Easment (private) by E separate instrument s, DKT._PG. a.ers Y I /. 8D' Drainage Easement ` robe moved DKT 9597, <0' UUGty easement (pt~lic) DKT7733 PG81B _~.."_.~ I e s i I t _ - ~ ~ 1 F- ~ , ~~ Z ~ ~ ~ -~.r~"'~ ( '~,` ~ 80 Proposed Drainage Easement' ~' p ~ ~ l t i ~ /'~`'r r r` (prNafe) by separate Instrument ~~ Q \30' Sewer easemarl (pubNc) .~~ - ~ ~ ~~~ ~ ~ . _ DKT4900 PG,136 ~ (~~~'~ DKT.~PG ~, j ' f Open Ctuutnel Ffow To Wash \ ~ ~ .. ~~ .. r ~ +' + /~ ~ 54' Proposed Aaesa Easement (puW~cf fa ~ ... '~ ~.-~ ``~ a ~ ~i ~ ~i ,. __e _. ~ ~ ~ ~ I ! i 1 Pena County Reaional Flood CaMrol Dkhicr IJ Ingress, Egress and U61iVes ~. Easement (public) DKT 7818, PG. 1881 Reter4bn Agreement (private) __ DKT.9808, PG2473 r0 h8 PQiIWVBd 29' Sewer and gee _ easement (public) ,n pKT. 7950, PG. tT42 DKT. 7984, PG. ees `~. £ _ _ _ ~Ht ZONING s ,~ 5U Dralrege Easement (ptre4c) DKT.7713, PG. 1558 15' UBlity Easemart (public) ~..- BK 28. MBP, PG &r ~T_-LT„ Exhibit 11.B.1.b: Alternative Tentative Development Plan Legend _, _____ I:; ~ Site Boundary Existing Water ~~ Existing Dry Utilities ~ ~.~ Existing Sewer 5' Elevation Contours - -Adjacent Parcels - - -Existing and Proposed Easements --•-Lot Lines --Proposed Flow DireGan Arrow Existing Flow Direction Arrow Storm Drain Landscape Buffer #1 ~. i Landscape Buffer #2 ......;Landscape Buffer #3 i_: 'Landscape Buffer#4 NOTES: + Project Site Area: 53.5 AC • Existing Zoning: MR-2 (Multi-Family: MedlHigh Density}; VC {Vis}age Commercial) • Proposed Zoning: HI {Heavy Industrial} • Existing Land Use: Vacant • Proposed Land Use: IndustriaNCommercial Uses • Lots Provided: 7 • Minimum Lot Size:1 AC • Maximum Building Coverage: 50% • Maximum Proposed Building Height: 55' • Minimum Building Setbacks: Adjacent to Industna1:10' Adjacent to Gommercial: 20' Regency Plaza StreetltGCal Streets: 10' CDO WashfDrainage Channels: l0' • Parking Requirements: Dependent on use • Loading Zone Requirements: Minimum 1 loading zone per lo# Minimum of t0% of tot area to be landscaped O 2DY 400' r4E Fes' ArC-07r%b3lf5,DVdG7ET1P~8,r`7(I1-AtT 'I I ~ II I II II I ~I I II I II I VC ZONING 2axzo TeI.Co. Easrxnent(earchrstve) ~(T.9569. PG.1183 II -Land Use Proposal 42 •~ N Lv ^~ W _U C~ C U N 3 t 0 z • • as v c V C cv a ~_ N m .Q x W W E ~7~~ ~~i~~ _ .SOS ~OZ I~ ~ o M ~~ O Np J ~~ ~N v a N Q O d m N J i~ Northwest Commerce Park Rezoning • C. EXISTING LAND USES 1. Zoning Boundaries The rezoning boundary is concurrent with t acres. The project proposal is to rezone the (Village Commercial) to HI (Heavy Industrial). 2. Assessment of Impact on Existing Land Uses he site boundary of approximately 53.5 site from MR-2 (Multi-Family) and VC (See Exhibit II.C.1: Zoning Boundaries.) The project site is ideal for the proposed commerce park with its proximity to two major arterial roadways (Ina Road and Thornydale Road), its visibility from Interstate 10 and its physical situation, surrounded by other industrial and commercial land uses. Screening and landscaping will be in accordance with the Town of Marana Land Development Code to buffer the project site from existing off-site uses, including two existing residences near the northwest portion of the site. The uses for the proposed development will not include uses prohibited in the Heavy Industrial zoning district as well as all uses prohibited in the Light Industrial zoning designation. • The developer has met with the adjacent land owner to the east to discuss potential concerns over this intensity of zoning, and has agreed to the following limitations and restrictions to address this transition of uses: • Recycling uses, pallet or lumber storage must be fully screened from view from adjacent properties outside the park. • Meat rendering and manufacture or storage of explosives are prohibited throughout the development. • Screening along the east boundary of lot 30 shall be block or wrought iron. • Metal buildings shall not be allowed on lots 9, 10, 11, 12, 13 and 30. Additionally, the property owners have met with Kimco, owners of the Lowe's store to the north of the project site, to discuss the proposed project's interface with their store and its associated parking lot. As a result of that meeting, Kimco has requested that the applicant provide a landscape buffer and a wall to buffer their parking area from the proposed project. They do not want this project to have direct vehicular access to their parking lot. Additionally, there are no existing cross-access or shared parking agreements between the two parcels that would allow the proposed project to have any land uses with direct access through the Lowe's lot. At staffs recommendation, a wrought iron fence is proposed instead of a wall to avoid graffiti markings. Architectural design features will also be incorporated into the north facing portions of buildings that front the Lowe's parking lot. A formal agreement between the two land owners is forthcoming and will be provided to the Town when available. • II -Land Use Proposal 44 Northwest Commerce Park Rezoning • • I I~ I I i i i ~ i I E ;~1 i ~__~~. t ZONING I L:__ _!,- i R=~ I I ZONING I ,_. _ - .. J ._._ . _._ _ ..~_ ~~ ~ i __ -~ ~ - _ _ ~~~ IE r i `~ vc IL__ zoNa~a 1 zoN~o 1-- -_ ~' I ! ' L _. e..~ ,-- - - .: 1 zoymo ---~( ~ ~- „N Ot°1'88' E I ~.~ (PROPOSED: Hi) ~18.O1i SOi°14'S8"W 1 16.87' ~ ~ 1 ~~' I i ~ I ~ I I i i3 I yam,^}~ 1. .....t~. _ ~y ~~ I 237.1 ~...^~ l ~ _. ~O o r S~'A ., ~~ 8 _ ~p ~ ~ ~ ~~' ,•"I ~ ; / ~ ~~' ~ i~ (PROPOSEDHI) ~ I I vc ~' ~ ZONIN© 4~i ~" ` ~' 4 r• ~, ,! 9 ~a~~s / " '# ~ 9 ~iQ •.~... y 1~` a,~,~7 ~ vc 5~ ~ U (PROPOSED NIJ °~P , , .' (~~.~ f /r/ t_iLr,Nz" / /'~ ~;, C I `' ,~ I ~ ,. ,~ .~ ,- I ,' ~ , / " r ~' ~ Exhibit II.C.1: Zoning Boundaries .amend ::;Js~ Bounaaryr Adjacent Parcels - =Zoning Line "~" a 200' . ~ ~~ FILE NgA+iE; AIC-07~EXBRS,DWGIiONNG. _-_-~+- 2ONINa I -~ I i ! i II -Land Use Proposal 45 Northwest Commerce Park Rezoning • D. TOPOGRAPHY 1. TDP Response to Existing Topographic Characteristics The project site is relatively flat except for the presence of man-made drainage features. These features will remain in place as part of this project, except for the existing detention basin north of Regency Plaza Street, which will be removed. The grading of the site will maintain its gradual slope toward the CDO Wash. 2. Encroachment onto Slopes 15 Percent or Greater There are no natural slopes of 15 percent or greater on the site. The man-made drainage features on the property are the only elements of the site that exhibit slopes 15 percent or greater. The drainage basin is proposed to be eliminated. 3. New Average Cross-Slope The only encroachment onto slopes 15 percent or greater are related to the removal of the detention basin north of Regency Plaza Street; thus, there will be no need for new average cross-slope calculations and values. E. HYDROLOGY • 1. TDP Response to Existing Hydrological Characteristics All finished floor elevations on the site will be set at a minimum of one (1) foot above the established FEMA Base Flood Elevations. Parking areas and all areas around the proposed buildings will be graded to have positive drainage away from the buildings to minimize flood damage. The site will be designed to have a maximum water depth of six inches in any proposed parking areas. The small portion of CDO floodplain that crosses the Northwest Commerce Park site along the southern edge will be filled to a minimum elevation of one (1) foot above the Base Flood Elevation and bank protection installed along the face of the bank to mitigate potential scour. This will remove the area from the floodplain and a letter of map revision (LOMR) application will be submitted to FEMA for zone amendment and documentation. 2. Encroachment/Modification of Drainage Patterns Existing and improved drainage structures and pipes shall be utilized in the Northwest Commerce Park site to modify existing drainage patterns, so as to make way for the proposed improvements. These drainage facilities shall be engineered to have the capacity to handle design storm events as required by Town of Marana Land Development Code and design regulations. Detailed design will be covered in the final drainage report. See Exhibit II.E for a map of the Post Development Hydrology Concept. ~- ~~~. II -Land Use Proposal 46 Northwest Commerce Park Rezoning • 3. Potential Drainage Impact to Off-Site Land Uses Most offsite flows are currently routed around the site by existing channels and as such, proposed improvements will have no impact on upstream land use. Runoff from Lowe's development (immediately to the north) will be conveyed across the Northwest Commerce Park site through an existing underground storm drain system, into a proposed open channel located just south of Regency Plaza Street which will carry the flow south, into the CDO Wash. Sheet flow from the vacant lot to the east will be diverted to the south, towards the CDO Wash, by a berm proposed along the eastern property boundary (See Exhibit II.E). A separate drainage concept for this offsite parcel will need to be created at the time the parcel is developed. The Northwest Commerce Park site will discharge directly into the CDO Wash, to the south, or the concrete channel to the west that also drains into the CDO Wash. Owing to the large size of the watershed served by the CDO Wash compared to the Northwest Commerce Park site, improvements on the site will have minimal impact to the flows in the wash and therefore little/no drainage impact on land use downstream. 4. Engineering and Design Features Onsite drainage will utilize sheet flow as well as curb and gutter flow to route storm water runoff into the concrete drainage channel to the west, catch basins on-site or directly into the CDO Wash to the south. • Bank protection will be installed along the southern edge of the site to mitigate potential erosion along the northern bank of the CDO Wash, as well as remove a portion of the Northwest Commerce Park site from FEMA Zone AE. A letter from CMG Drainage Engineering Inc. has been included as Exhibit II.E.2: Nationwide Section #13 Compliance Letter, which demonstrates the proposed project's compliance with the terms and conditions of the Clean Water Act Section 404 Nationwide Permit #13 (Bank Stabilization). 5. Conformance with Applicable Plans The Northwest Commerce Park site is not located in a balanced or critical basin. The Town of Marana Land Development Code, Title 21 requires a method of peak and/or volumetric runoff reduction. The peak runoff reduction shall be provided through detention of storm water and water harvesting within each parcel. The Land Development Code contains a provision for the Town of Marana to collect a fee in lieu of detention/retention. The close proximity of the development to a major channel, the CDO Wash, makes this site a strong candidate for the fee in lieu of detention/retention provision and should be pursued during the design phase. Proposed improvements to the site will have minimal impact to the peak discharges within the CDO Wash, since the time of concentration for the site compared to that of the CDO Wash watershed is, by far, smaller. II -Land Use Proposal 47 Northwest Commerce Park Rezoning • • r - - r--T---~ - - -- _ _ I I I I ~ ~ ~ . - - - ~` -' ' _ _...` -' _ _ -~-._._._.~ i I I i i I ( ~ I vc vc ~ L_ l I ZONING I t ( I 1 Z~dING _~ _~ t i ~( t I t ( I , ~` ~ L---I ~- - - } ~ zoNING .~ i .~ ~ ~ ~ ! HI ~ ~ ~ ~~ 2~i -I ( ( 11 t 20NING ~ scats xp,pj d I ! I ly i ~ -' --- I -- -- Z ~ Erpsnnc ~or~'s f i R ~ - ~ SrofiF OatJN ~ I i , ~3 q ..~..~....~..._.. ~~ ^ o 20NING t I -- - ~ ' i ~ ~ i (~~ l ecsFS ~ stars ~ g I 10 ~ 11 ~ '---'`-- ~` --- ~ ~ l _ ,'T ~ 4:~F~ I Ad"~I t2 I f12 li.-.; -' i m~ ,- _ - _~ _~ f I---- -----~ Fa> .,....J d1 ACRf4 ~~~17 1 r ~~I 1 ~. ~ o i ~l ~ ~14 I 13 ~~ t y I naES spcs ~ i.oz 6 _ _„_, ~PROPO DHF~i~! ~ NC Z ~~ .~-,_- 2.5 --r ~~ ~ ~,~ 18 ~ ~ 20NIhK3 ( kCRES ~ s.71i ~ : ~3 I ~~ ~ PtOpP69d 88frt1 ~pg~~ppppMpppR,qq$ 2~~~ ~ ( • t ].SI ~~ i • oa tY~ ~ ~ ~ i _ _ _ _ _ ~,~:~ .~ t -~-_ _ _ ._ ~'! Ht ~r-----~ ~ --_} J( / 1 Easmicsruer 26 29 ~ g~ , ~ 20NING U i .19 ~~ ~ i 25 ~ I PVC ~ Arns ~ a2 s ~ ~ ~ ~ ~~~ I i ~ ~O~j`-~'-~ 02 ~ ~ ~ ' ~ rz5 ~ ~(PROPOSE~ HIj ~ %~~ ~,~~ I eC&.5 ~ .A2 ( AC?Fb ~ ~ ~/ Q~ I ~ 1 .~ 1 I p~tg 1 ~ I 27 ~ 1 /: /~ f ~~ S I i ~ i 21 ~ 22~ , i ~ ~,rr/ ~ ~--, a2 2 26 I dCRES nC < ' ~~ i56 ~ ~ ,; ,, ~~ ~- - -~ ~- , - ; I ~. `I ~~~ I ~ ,~ (rl ~ L~~:, ,- ,. ~~ ~ ! ~ II--. - - ~ =~ '' ~ i ,• 6d Proposed Dralnege Easement ' g -,'I ' q , ~ I j I ' ~ 24 I • ' / iPnvate) by separate inaWmenl ,u ~ ~ `~. .. _ ..__ _ .- _ _l_ _ ~ ~--.i ~s ; s ats .' Open channel Flan To Wash ~ ~--^•".•. ~--_--------;'yam . ~ ~~ ~ X54 -----~ ,::% ~' R,38 ,. _ ~,~,, ~~,\ ./~%.~• ZONING Y `t ~ o. 1` ~c~ ~ ~~ -' ZONING ~\ ~ ~ ~,%' y' ~ HI ~%,_"r~ ZONING r J ~ ~ / O~ ~ ~ ' 9C~ 90 Exhibit II.E: Post-Development Hydrology Concept .egertd ;: Site Boundary ____ - -Adjacent Parcels -••-Lot Lines •--Existing and Proposed Easements -•--Lot Lines ~--Proposed Flow Direction Arrow • Existing Flow Direction Arrow Storm Drain '*x+~! a sar oar Ti n~~ FLEE NAhE: AtC4UfXlal'S DWGl~OSr{(Ypgp II -Land Use Proposal 48 Northwest Commerce Park Rezoning • Exhibit II.E.2: Nationwide Permit #13 Compliance Letter NC NTON M. t3LAS3, P.E., PRESfDEIiT c~gassepnptlrt&-ays.com 3555 N. MOUNTAIN AVE. P.O. B4X 64$80 (MATE} TUCSON, AZ $5728-4880 PIipNE (SZOj 882.4244 FAX (5201$88-1421. March 6, 2008 CMG DRAINAGE ENGINEERING,. E CU Richard Cordova P.E. DOWL Engineers 165 W. Alameda Street Tucson, AZ 85701 RE Regency Plaza Town of Ntarana, Puna County, Arizona CMG Drainage Engineering, Inc. Job #27022. .Dear Richard: This letter and the attachments with it are being transmitted`to your office in suppartof Our opinion that the proposed Canada del Oro bank protection at Regency Plaza complies with the non-notification conditions of Clean Water Act Section 404 Nationwide permit #13 • (Bank Stabilizationj. The information described in the following :paragraphs includes the data necessary to demonstrate the project's compliance with terms artd conditions of Nationwide Permit #13 (tdVNP #13) as outlined in the Notice of Refssuance of ldationwide Permits dated .March 12, 2007. Name, Address, and Telephone Numbers of Permlttee Alta Vista Communitres V. L.t_.C. 700 E. Broadway 81vd. Ste. 200 Tucson, Arizona 85701' {520) 882-4800 Contact: Roger Kerber, Managing Member Location of Proposed Protect The project is located within a portion of Section 6, Township 13 South, Rangy fi3 East, G8~SRB$M, Pima County, Arizona.. A bcation map for the project site ~ given an Figure 1. Protect Description The project site is the earth hank of the Canada del Oro Wash (CDO Wash) between :the Union Pdcific Railroad {UPRR) and a i~oint about 700 feet west of the Thomyd>~le Road bridge (a total distance of about 2700 feet). Sotl cement bank protection will be installed along this reach of the north. bank to control erosion. The south bank along this reach is already stabilized with, sQ~ cement. The alignment and limits of the project as weH as details for the bank protection are shown on constnFCtlon drawings prepared by DUWL Engineers, dated March 2008.: II -Land Use Proposal 49 Northwest Commerce Park Rezoning • Pa e 2 Margie :Blaine March 6, 2008 Site Drainage.. The CDO Wash contains the 100-year discharge of 22,400 cfs within the existing channel banks. Jurisdictional Boundary Delineation The jurisdictional boundaries for waters of the United States were delineated by CMG Drainage Engineering, Inc. on behalf of the applicant. This delineation is shown on the attached copy of a 1" _ 100', topographic map. This delineation has not been reviewed by the Corps. Description of Proposed Work Within Jurisdictional Areas The bank protection ~ aligned to avoid impact within Corps' jursdictronai waters limits throughout mast of the project. The only areas where construction wilt occur within Carps' jurisdictional limits wiH be along a 18t}-foot bng reach extending downstream of the existing bank protection (construction plan station 27+43 to station 29+23), and, along a 110 foot long reach of the proposed bank protection between construction plan station 1+g0 to sta#ion 3+00) . CMG Drainage Engineering, Inc., has not submitted,a jurisdictional waters deiineation to the U. S. Army Corps of Engineet^s Regralatory Branch Office because they have not been accepting them since Jwne 2007. Because of this, wefiave presumed that • the jurisdictional waters limits are bank-to bank and have boated a proposed soil cement bank protection outside of the 1tmits, except where necessary to tie into the existing. bank protectbn improvements at the upstream end of the project. Maps showing the kxatian of Proposed activities within jurisdictional waters is proceed in Apperulix B. Compliance With Nationwide Permit #1$ (Bank Stabilization) Term:.and Conditions The discharges within jurisdictional boundaries will consist of earthen materials that are excavated in cortjunctk~n with the site grading. With regard to the terms and conditions of IdWP#13, the discharge does rwt result in: a, material placed in excess of that needed for erosion protection, b. fill within. jurisdictional waters for more than 500 feet along the bank. c. More than. an average of one cubic yard per running foot placed along the bank below the plane of the ordinary high water mark or high tide line. d. the discharge of dredged ar fill material into special aquatic sites.. e. placement of material. of the type or manner that will impair surface water flow into or out of waters of the U,S. f. material being placed in manner that will be eroded. by normal or expected high flows. II -Land Use Proposal 50 Northwest Commerce Park Rezoning • Page 3 Marjorie Blaine iiAarch `6, 2008 Compliance With Nationwide Permit General Conditions With regard to the General Conditions of NWF #i 3: (1.) .Navigation The proposed activity does not occur along a navigable stream.. Therefore, the activity will cause no adverse effects on navigation. (2.);Agaattc Life Movements The proposed activity will not disrupt the movement of those species of :aquatic life indigenous to the water body including those species which normally migrate through the area. Culverts wiN be .installed in the stream as needed to maintain normal flow conditions. (3.) Spawning Areas The proposed activity wilt not occur in the vicinity of :spawning areas. The watercourse upon which the proposed activities will occur is an ephemeral stream that does not support fish. (4.) Migratory Birds Breeding Areas The proposed discharge of dredged or fill material will not occur into a breeding area for migratory water foul. (5.) Shelifistt Beds The proposed activity will not occur to the area of concentrated shellfish populations pursuant to General Condition #17 (6.) Suitable Materials The proposed discharge of dredged or flli material will not consist of unsuitable materials (e.g. trash, debris, car bodies, asphalt, etc.). Furthermore, the material to be used to conjunction with the proposed construction and discharge will be free from toxic pollutants in toxic ar~unts pursuant to Section 307 of the Clean Water Act. (T.) Water Supply. intakes The proposed activity wilt not occur in the proximity of a public • water supply intake pursuant to fhe requirements of General Conditbn #16. (8) Adverse effects from impoundments: The proposed activity will not create an impoundment of water.. Therefore, the project will have ~ adverse effect on the aquatic system caused by the accelerated passage of water and/or restrictior- of its flow. (9.) Management of Water Flows The proposed activity :has been designed to matntain pre-construction downstream flow canditiortis. Furthem~re, the activity does not pem~anentiy restrict or impede the passage of normal or expected high flows, arm the structure or discharge of dredged or fill material will be stabiltzed to withstand expected high flow. (10.) Fitl within 1.04-year Floodplains. The project area has been mapped by`FEtUlA ss a Zone AE. (11.) Equipment t-ieavy equtpment used on the site will not be working in the vicinity of any wetlands. Therefore, additional measures such as mats are not required to minimize the soil disturbance,. (i2.) Soii Erosion and Sedimenx Control Appropriate soil,. erosion, and sediment controls will be used and maintained in effective operating condition during construction, and ail exposed soil and other fills as wail as any work belowthe ordinary high water mark or high tide line will be permanently stabilized at the earliest practicabie date. (13.) Removal of Temporary Fitis There are no temporary fills that wtli occur in conjunct~n with the development of this property. (14.) ProperMaintenanceThaproposed structures (at-grade crossings) authorized bythis permit shalt be properly maintained including maintenance to include public safety. • II -Land Use Proposal 51 Northwest Commerce Park Rezoning • Page 4 Margie Blaine March fi, 2008 (15) Wild and Scenic Rivers The proposed activity wits not occur in a component of the National Wild and Scenic River system or any firer officially designated by Congress as a gstudy river" for possible inclusion in the system. (16.j Tribal Rights No activity to be conducted in conjunction with this project or its operation wifi impair reserved tribal r~hts including but not limited to reserve water rights, and treaty fishing and hunting rights. (17.} Endangered Species A biological evaluation addressing endangered species has been previously provided to the Corps and reviewed by the US. Fish and Wildlife Service, A copy of this document is provided in Appendix C. (18) Historic Properties A survey of the Project. for historic propert~s has been conducted by the pemtittee. A report which describes the survey methodology and results has been pre~nousiy provided to the Corps. A copy of the report is provided in Appendix D. (19.j 'Designated Critical Resource Waters There are no designated critical resource waters in the vicinity of the Project. Critical resource waters include NOAA-designated marine sanctuaries, national estuary research reserves, nations{ wild and scenic rivers,. critical habitat for federally-listed threatened and endangered species, coral reefs, state natural heritage sites, and outstanding national resource waters or ether waters officially designated by the state as having particular environmental or ecol~icai significance. (20} Mitigation: The permittee has minimized the discharge into waters of the United Suites for this project to the maximum practicable extent. The permittee will. campty with alt . of the mitigation requirements setforth by the Corps. This letter fulfills the District Engineer notification requirements pursuant to General Corulitbn #73. (21.} Water Quality The project complies with CWA Section 401 Water Quality Certification requirements. (22.} Coastal Managemen# Zone The proposed activity will not occurs the vicinity of a coastal management zone. (23.j Regional Cass by Case Conditiions Regional Conditions are described in the supplement to the national decision dotximent for NWP #13. Project compliance with th$ regional conditions is as foNows: (a.) Not applicable: Project is not located within a coastal watershed; (b) Not applicable: Project does not cortitain any special aquatic sites; (c.) Permittee has included an aerial photograph of the Project area. fn Appendix B (d.) Not applicable: Project does not contain arty special. aquatic sites; (e.) Not applicable: Project is not in an area designated as Essential Fish Habitat; (f.}Nat applicable: Project is not located in the Santa Monica Mountains; (g.) Not applicable: Project does not contain any jurisdictional vemai pools; (hj Not applicable; :Project is oat located within Riverside County, California; (i.}Not applicable: Project is not located in San Luis Obispo County or'Santa Barbara County, California. {24.j Use of Multiple Nationwide Permits This NWP ~ not befog used in conjunction with any other NW P The total length of bank stabilization authorized' by this permit is 2!~ lirreal feet. ., .~ 1,- ~. II -Land Use Proposal 52 Northwest Commerce Park Rezoning s Page 5 Ma~orie Blaine March 6, 2008 (25.) Trans#er of Natiohwide Psnmit Verifications The applicant acknowledges that the responsibilities and. liabilities assoeiated with this NWP verification will transfer to the new owner if the. propertyis sold. The new owner will be notified of their responsibilities antl liabilities, and of requirements for notifyir~ the Corps. (26.) Compliance Certification The applicant will submit a signed certificaition regarding the `completed work and tequiretl mitigation pursuant to Genera! Cor~tion #13. This .certification wilt include a statement that the authorized worts has bean done in acoordance with the Corps' authorize#ian including any general ar specific condiitisons, a statement that the :required. mitigation was completed in accordance with the permit condoions, arui the signature of the permittee certifying completion of thework and mitigation. (ZT) iPre-Construction Notification Irt my opinion, a Pre-Construct~n Notification is not required because the s~pe of activities within jurisdictional waters The applicant believes that the information outlined in this letter atong with i#s attachments caonstitute a complete NWP notification. The attachments include: Appendix A -Project locatiar- map Appendix B -Maps showing the CMG delineation of jurisdictional waters and proposed activities within jurisdictional waters, Appendix C - Biobgic~l Evaluation • Appendix D -Archeology Report Appendix E -Data Supporting Compliance with Non~Notificatian Contlitions of NWP#13 If you have any questions or need additional infom~ation, :please call. Clinton bt-8`lass, P.E:, • ,, II -Land Use Proposal 53 Northwest Commerce Park Rezoning • F. VEGETATION AND WILDLIFE 1. TDP Response to Existing Vegetative Characteristics The project site is largely barren, with some small patches of Desert Broom and other non-native invasive species in and along the man-made drainage features. Some mature native vegetation (Mesquites) exists along the CDO Wash in the southwestern portion of the site. A large portion of this vegetation will likely be preserved. Should there be any future disturbance proposed in these areas, the trees will be evaluated for transplant or mitigation purposes prior to development plan submittal. 2. TDP Response to the Native Plant Ordinance and Habitat Disturbance A preliminary survey of on-site vegetation has been conducted, and no protected or endangered plant species appear to exist on the project site. Should any of the mature vegetation areas be proposed for disturbance, the trees will be evaluated during the development plan submittal process. The vast majority of the site is barren with a limited number of Desert Brooms throughout. There appears to be no valuable habitat on the site. The existing Mesquites in the southwestern corner of the site adjacent to the CDO Wash may provide a limited amount of habitat value. This area will likely not be disturbed. A Site • Resource Inventory has been provided as an Appendix item, which identifies existing vegetation and other natural and man-made features on the project site. The burrowing owl (Athene cunicularia) is identified as a Sensitive Species by the U.S. Fish & Wildlife Service and is addressed under the Town of Marana's Draft Habitat Conservation Plan. The owl is known to nest in small mammal burrows and in unusual locations such as erosion holes around irrigation canals, piles of concrete rubble, dirt piles, banks along washes, and pvc pipes with an angled opening above the ground. A burrowing owl survey will be completed by a qualified biologist 30 days prior to ground disturbance on the project site. G. BUFFERS 1. Techniques Used to Mitigation of Sound, Visibility, Lighting and Traffic The proposed development will adhere to screening and buffering requirements as required by the Town of Marana Land Development Code. Landscape buffers will be provided along the perimeter of the site, including portions of the site adjacent to Regency Plaza Street. The site currently does not exhibit areas of high visibility; however, landscape buffers will further reduce visibility onto the site. All lighting on individual lots will be shielded and directed downward, as required by Marana's Outdoor Lighting Code Lighting. • The proposed development will utilize Regency Plaza Street including existing turn lanes and curb cuts to reduce additional impacts and improvements. At the Town's II -Land Use Proposal 54 Northwest Commerce Park Rezoning . request, right-of-way for Jeremy Place will be provided from Regency Plaza Street to the project site boundary for a future extension. 2. Cross-section Illustrations of Proposed Buffers to be Used Adjacent to Existing Development Please refer to Exhibit II.G.2: Landscape Concept Plan for proposed buffers and Exhibits II.G.2.a - d for cross-section illustrations of proposed buffers for the site. C II -Land Use Proposal 55 Northwest Commerce Park Rezoning • ~--~ t I , I I ! i i ( i I I I~ I I ~ I 1 I i s t ~ ._ _ L _ I I i HI ZONING ~_ - -~ ~ L R•35 } I ZONING I k _. _ ' T -{ I r i - .- .., _ J .=~~W~,~ ZONING i I I i I a ) I i - ~ ~ ~ - 20NING \\ ~ ' .~~ y G ~ R ~ \ t t 0~ r9~~,n . _ _ Y`i"` ----r-s----~- --~------.~ ~ '- -- _ _ . _.. - - ~-__ _ _ ~~ . _r__-___ I : , .. _ _ .~ _ --~ vc ' i ' t ZONING VC ~-- _ d ZONING __..~ ~~ ~ i.~4 ~~ Ial ACRES ~ AceEs ~~`~` 3 I 4 +ss ~ ,.a ACRES ~ ACRES ---~-- - s.5 A~~ 16 M~F2' (PEI~)__ o. $ AGRf4 I ACRES ~~~/ 19 ~ 20 M1QiFS ~ 02 ACRES .-30L.1 _.~-_. 21 ~I 22 a2 ^ az Aces I Aracs 9 "~ _r-iu ~. ACHES ~ r o-5 ~ AQ}7E$ - ~~ ~ ~/-'~ -~ 14 15 - r.oa li ~. ACRES ~ t6t ASSES ~ ~ ~f' Ro£ ..~ _ ~. .:/ ~'; ~_~ ~, 11 '°' I :RfS 12 r,r, ~ _''~ b:RES I ,~ 16 I I "r""" ' 28 , 25 I vc ' zsa 29 .era s AcR¢s PROPOSE Hq I i 27 i ,r~ ---~ Aims "~ 26 I I ,~ A€Rts ~ ~ ;-, I~ ,~ , last 7.,0 ~ ~ Api[5 , .:~'i' 1 I ~r (-_--I Nc '- ~~ i zoNtNG t_ .-, I I I I I I I y i I~ I ! _! yb °-~^ - °" Z ~ _ .~._ \~-CI J ~ Q~~Q m,D it 0 ~ D Nc ~ s ZONING y ~, ~~ . ~p,5~ . ~ 0 ' ~10~ / ~~pP~ G ---i~.'.24, .~ 23 r <r ~ '' 175 ~ 4fR?' ~~~'/~ J ' \ 50' Proposed Axes Easement lW9ixf~ Pima County Reganal food CoMfW District ~ dJ separate instrument DKT"= PG. _ .-°-"\ Z5' Proposed Trai! EasenreM (pubpc) Y ~ to ~ Dedicated to Pima Canty by separate instrument DNT. ,_ PG. ~ - l l R-~ ~, ZONING 23" Proposed Landscape Easement ~ ,- for River Park Trail (put>Ifc) by ' separate instrument DKT. _ PG' HI ZONING i s i i i l i 4 y r Exhibit II.G.2: Landscape Concept Plan I;; ~Sde Boundary - Adjacent Parcels -~--lot Lines - - -Existing and Proposed Easements ( LANDSCAPE BUFFER #1 HIADJACENTTO STREET FRONTAGE TOWN OF MARANA BUFFER CODE 4 TOTAL LENGTH: 4,328' MINIMUM DEPTH: 25' TOTAL AREA:108,200 SO FT REQUIRED PLANTS: (1.5 PER 100 SO FT) 406 TREES,1,218 SHRUBS, 325 GROUNDCOVERS LANDSCAPE BUFFER #2 HI ADJACENT TO HI, LI TOWN OF MARANA BUFFER CODE 2 TOTAL LENGTH: 4,080' MINIMUM DEPTH:10' TOTAL AREA: 40,800 SQ FT REQUIRED PLANTS: (1.5 PER 100 SQ FT) 153 TREES, 459 SHRUBS,123 GROUNDCOVERS LANDSCAPE BUFFER #3 HI ADJACENT TO VC, NC TOWN OF MARANA BUFFER CODE 3 TOTAL LENGTH: 2.,390' MINIMUM DEPTH: 15' TOTAL AREA: 35,850 SO FT REQUIRED PLANTS: (2.0 PER 100 SQ FT) 179 TREES, 537 SHRUBS, 143 GROUNDCOVERS ~ LANDSCAPE BUFFER #4 HI ADJACENT TO R-36 TOWN OF MARANA BUFFER CODE 4 TOTAL LENGTH: 2,247' MINIMUM DEPTH: 25' TOTAL AREA; 56,175 SO FT REQUIRED PLANTS: (1.5 PER 100 SQ FT) 211 TREES, 633 SHRUBS, 169 GROUNDCOVERS ~.. O 200 400' ,.. FKf N1: A?CA7~rx~ufalYtllGItSRM1W II -Land Use Proposal 56 •O N Lv ^~ W U CW C U 3 t 0 z • ~~ ~~ i w w Q ~ U~ ~ ~ ~~ ic3 r- 1` c~-.3~-.,~..~.. .._ t O Q O d N N J ~o N C d N ^_U, CW C U L ..t O Z • m m 0 a+ V d N N N O V L 7 m d Q. e~ N c R J N r+ ~_ t K W Z= OO, ~° (~..: r ~ W ao ~~ m g ~ Qm~n W d Q U b 0' ~i g ~, W z ~W ~ J_ 0 0 Q O a C J I t~ ~~ O N C ~_ d _U N O U t 0 z • Z X w 0 a N~ l F- W - - - J J p S U ~~ agO v oo~ m ~~~ w .... w w ~~~ m O o~d NOS Q ~' ° ~ w LL m W Q U tJ1 .. ~ ____M_M___~_ p N ~ U z~4 J ~ j b GD Fn O ~ a. _ ~_ ~~ ~U U J 0 ~i c~ °o ~o J ~ Q U, ZU Q 0 a O Q O d N C i ~O N Lv ~_ N U C~ C O N 3 0 z • ~--=-- ~_ W ~. ~w z 'j- m ~n N ~~~ ~ J W P Z ~g J W d'~ n _~ W W ~~~ m d a ati Z ' m ~_ ~__- 0 ~o a O Q. O N c a J •Q N C ~_ N _U CN C O U 3 t 0 z .7 ll1 C3 0.~' w y m !~ ~X a. ~~~~#y _.._... w °z°~ ~~ tD 4 77 S ~ /!~^_ /w. 0 Q O d N C J I ~Y~ ~~ Northwest Commerce Park Rezoning • H. VIEWSHEDS 1. Mitigation of Impacts to Views and Vistas from Off-Site The project site will be designed with vegetated bufferyards and lot area landscaping, which will enhance the views onto the site from off-site locations. The proposed buildings will have setbacks from existing developments and will be constructed at a scale similar to surrounding commercial and industrial developments, thus minimizing the impacts to distant vistas. 2. Mitigation of Impacts to Areas of High Visibility The most visible areas of the project site from off-site locations are from Interstate 10 and Thornydale Road and, to a more limited extent, from existing commercial development across the CDO Wash. The project perimeter will be enhanced in accordance with Land Development Code requirements, per recommendations from the project landscape architect. All service and loading areas will be appropriately screened to mitigate any negative impacts on visibility from surrounding properties. Signage will be placed prominently on the building, and freestanding monumentation will be located primarily in the southwest portion of the project and along the site's northern and western perimeter adjacent to the roadways to take advantage of visibility from Interstate 10 and Regency Plaza Street. • I. TRAFFIC A Traffic Impact Analysis (TIA) for this project has been submitted to the Town for review. Additional traffic studies will be prepared if required by the Town at the development stage of this project. J. PUBLIC UTILITIES The project site is located in a developed area, surrounded by similar industrial and commercial land uses. All public utilities are already available for connection adjacent to or within the property. For clarity, existing utilities are depicted in Exhibit II.J: Existing Utilities and Easements Plan, and the Tentative Development Plan (Exhibit II.B) indicates locations of proposed utility lines and connections. 1. Sewer This development will connect to the public sewer. There is an 8 to 12-inch public sewer that runs through the site along Regency Plaza Street and a 12-inch line that runs along the western boundary of the site. It is anticipated that this development will be served by the Ina Road Water Pollution Control Facility, via the North Rillito Interceptor. A wastewater capacity request has been sent to Pima County Regional • Wastewater Reclamation Department; however, a response has not been received to- date. The applicant will continue to keep the Town current on the wastewater capacity response for this project. II -Land Use Proposal 62 Northwest Commerce Park Rezoning • 2. Water Tucson Water is currently under a moratorium of issuing water assurances for new developments outside City of Tucson limits. The developer, Tucson Water and the City of Tucson will continue to communicate during the development process to assure water delivery to the site. Currently, surrounding developments around the site are served by Tucson Water and waterlines exist within the Regency Plaza Street right-of- way as indicated within Exhibit II.J. 3. Gas Southwest Gas Corporation will provide natural gas service to the project site. There are existing gas lines that extend into the subject property along the western site boundary and along Regency Plaza Street. 4. Electric A number of utility and electric easements are already located on the project site. Electric power services will be provided by Tucson Electric Power Company. • II -Land Use Proposal 63 Northwest Commerce Park Rezoning • • Exhibit II.J: Existing and Proposed Utilities and Easements --~ ~ - - ~- ~. rl~ 1..__. _ _ _. . II I I s ~I I I I I i~ I l i E I vc ~ I I ZONING f ~ II ~ ~ I II I I I ~ 2ox2ty rd co.--, . 60' Fufure Jeremy Piaca extension easement by i ' C separate inslnxrbnt ' (if determined rrecessary) i HI t ZONEN(d~ r - _°-~ i R-38 { ZONBVG I 6 4 _ .... .L _.~.~. ~~ Ingress, Egress and UtBities Easement (puWicl _ OKT. TSt6, PG.1S6t ReleMbn Agreement (pdva~) DKT.9608, PG 2473 robe removed 20' Sewer ant gas _ easement (public) _ _ _ DKT~ 7930, PG 1742 DKT. 7984 PG 866 i f _ _ - HI ~ I ZONING 3 v v r v ~r ~.`.... -- -_-, __ ~ ~....••_ ti I I vc I L _ zoNING L----- > > f, j iI ZONING "" ~-`•'r I Is ' I ~, ~ ~ ~ ..M . ~~ ~ , _.._ _ ,r.... _...~ I 6 l I I ~ L_-~ r---~ f'- '! I I I I I y I I~r ~ - --- ,~ ~I~ II ~ ;III II r ~ mj _-- _ ~ ~~ OrautageAgreemad ~I r (prlvale) II ~~ I DKT.9608, PG.24T3 f l j ~ ~~ 1) ~ w II /s ~ i ~ ~! ~ ~.. 1 vC II ~~- ~ ~ ~~ (PROPOSED HI~) NC l V ~ // ; ZONING ~ ' ~; ~ /i I` MR•2 `~< ~ //i ~R$€aNg - ~ ~ v~ /// ~ ---- ~,~ ~~ / ~, i fi*'"" ~ '~ .~"~~_ r„,, rr'~ -- l5 Proposed Dralne{p Easment (private) al ~ ~ •) separateinakumenl ~ Proposes Dradrage t DKT.__„ PG. ~ , '' ,~p5 ~~ Easement (private) by I VC , ~ ~ Q,~ separoteinsWmeM "'~-i~4ROPOSEDHq ~r ~~~ DKT. _ PG. _ ~ I I I ~ ,` a~q I I ~' ~ -aP II ~.~ oi~' I j I I ~ ~~ ~~!.. I I I ~..' ~~~ ; ~ T ~ ~ ' ~~ I (~ I I ~ ~' • 40' UBldy easement (pudlicJ /~ ~~I~ ~ , ~ ~ ~ I ~ I I ,~ ~ ` DKT,TT33,PG.818 ~. ~~ ® I I J, ~ •' 6U Drainage Easement Ipnvate) ~~ , I t . ~ to be moved by separate aatrumeM 30' sewer easement (plc) ~ v ~~ ~\ ~r _ DKT.4900, PG.138 ~ ~ i• DKT. 9597. PG. 233 - ,. 1 50' Draalage Easemad Ifw~) DKT.7713, Pr3.1538 , i f 5' UilBy Easement (pubic) 8K 28, MBP, PG 84 `~ _ 1 ~ ~ ~ ~` ~` ~\ 200' Eled. easement (pubic) v CKT.2430, PG 3~ ` ~ .. ~ 60 Access Easement (pmate) DKT. 3884 PG. 440-- - ;`.,, LI ,:;, 2Ot'NNG ~`., 4fT Sendagar easement Uxrwic) DKT.3T09, PG315 ~ i ~ ~; ~~~ StY Proposed Aaxaas Easertrent (pu¢I~f(or ~ - .--''°`^~~ i ~ ~ Pima County Regional Food CoMrd Qistdd ~' „~ ~ by separate instrument DKT. ;,,•, PG. ~-^"-""\, j~ ~ ~~ 23' Proposed Trei Easement Ipubkc) T +~~~ j ~/ lobe Dedicated l0 5ma Camry by v ~; separate ir~strumeM DKT. _ PG. __ :` ~ ~. R-36 ;% ZONING ~r 25' Proposed Landscape Easement for RHer Park Tre8 (pubic) by ' separate inslrurraad OKT. ~ PG = T.G,BE, Easemer4 (pubic) ~ DKT.3785, PG.544 ZON81G ~~ ~ i ~ ~ 1 °~o ` ~ ~ Legend _ _ (:: ~ Site Boundary f ,I Existing Water L~ Existing Dry Utilities C. _~ Existing Sewer - --Adjacent Parcels ---Existing and Proposed Easements - Lot Lines ~+'~! a zoD Oar Lr`~ti^ .-•,ryPIE ttAFAE. piCG7~ENbIf$.(SwGIEN~UA. EasemeM(exclusive) DKT.9569. PG.1183 II -Land Use Proposal 64 Northwest Commerce Park Rezoning • K. PUBLIC SERVICE IMPACTS Because the proposed project is located in an area already surrounded by industrial and commercial development, there is no expected negative impact to public services. 1. Police The project site is within the Town of Marana's police jurisdiction. The Town of Marana Police Headquarters is located approximately 15 miles from the subject property at 11555 W. Civic Center Drive, Marana, AZ 85653. A Town of Marana Police Substation is located at the Town's Municipal Operations Center at 5100 W. Ina Road, approximately 1 mile west of the project site. 2. Fire District The project site is within the Northwest Fire District. There are two fire stations within 1 mile of the project site; Northwest Fire Station # 33 is east of the site at 2821 W. Ina Road and Northwest Fire Station #38 is northeast of the site at 8475 N. Stargrass Drive. A water plan will be submitted addition to the water system development plan process. • 3. Sanitary Pick-Up to Northwest Fire District for approval of extension or to meet the requirements of the fire code during the Sanitary pick-up will be provided through a contract with a private garbage collection service. L. RECREATION & TRAILS The Pima County River Park Plan (adopted in 1996) calls for the installation of a trail as part of the Canada Del Oro Linear Park adjacent to the site at the CDO Wash. Pima County Natural Resources, Parks and Recreation has recommended that the developer dedicate right-of-way for a future river park, but has not requested actual construction of the trail since there is not currently connectivity under the railroad and I-10, west of the site. The total width for the riverpark is desired to be 50 feet. The developer proposes to dedicate a 25-foot trail easement to Pima County for these future trail improvements to be made by Pima County. In addition, a 25-foot landscaped buffer will be provided adjacent to the trail easement, which will effectively create the 50-foot river park along the northern bank of the CDO Wash. In addition, a 50-foot access easement will be granted to Pima County Regional Flood Control District for the purpose of maintenance of the bank protection and the CDO channel. This will overlap the 25-foot trail easement and 25-foot landscape buffer. Please refer to Exhibit II.J.2.d for across-section illustration. ,. h. II -Land Use Proposal 65 Northwest Commerce Park Rezoning • M. CULTURAL, ARCHAEOLOGICAL AND HISTORIC RESOURCES 1. Protection of Archaeological Resources Per an assessment by Desert Archaeology, Inc., any pre-historic and historic archaeological resources once present on-site have since been disturbed by agricultural activities to a point which destroyed the sites' integrity. No further archaeological work is recommended. (See Exhibit I.I: Letter from Desert Archaeology, Inc.) 2. Incorporation of Resources into the Development Not applicable. 3. Measures for Identification of Archaeological Resources In the event cultural remains, including human or funerary remains, are discovered on- site, all ground-disturbing activities shall cease, and the Arizona State Museum shall be notified immediately (per Arizona Revised Statutes §41-844 and §41-865). • "l II -Land Use Proposal 66 • • • SITE RESOURCE INVENTORY .,3 ~ ,,, r 1 r ~ ~- _ . .~ ~ i NOTES: ., i RFTAILf ~I . _..n~,~ ~~. ~' u ~ '~;~~I ~ ~ r _ i ~ ~~ " , ' ~~ :' coM~urnclAt. ~f~ ;,. ~~•w„ ~~ ° . ~ • SITE AREA: 53.5 AC .•__ ~ ~ m ~ ~ ~ ~ "`~ " ~~ = °- II ~ .' . ~~.,:" .~ zo Nc ~ ~-~~-~ ~ ~ • NO ROCK OUTCROPPINGS OR UNIQUE - __. ~~ ~ ;,~, n s ` ` ~-~~ ~~ r ~ I ~ TOPOGRAPHIC FEATURES. ~,' ,~ „, . , ~ ~;, ' . ~I ~' ~I, a , ~ ~ ~ r~~,~,co ~ r..~_l ,I '``" ~ v~s~ !~ ~ ~~ ~~ ~ • E VEGETATION. ~ ~r~~NC ~. - ~~ ~ ~'" u` ARENDUSRJ'- L~ \° EASE~AENT ~ . ~ , ~ .~ . _ ~"~ .l ZONING ~~ 1 `, I~ " ¢ NO UNIQU ~~. ~ ~' ~' axrsSSSR~. as Q 1 '~ ~ ~ .~' ~ ~ ~ ~ VEGETATION ONSITE PRIMARILY DESERT _~ ~ 1 m, ~'~ ~~ ° ~~ n ' ~ . _~~ ~ ~~ ~~ ~ ~ , ~, i ~ ` ~. - ,_, ' ~. ~ ~ ~ "° BROOM AND OTHER NON-NATIVE INVASIVE ~~ ~,~,, ~~ ~ ' ` ~~~~ ~ ~~~~ ~• ~~ r fi ~` ~ ., '~,~ `~ b ~!~`.~ ~I ~ ~ ~ I~ r,~,~ SPECIES. ,., - I ~ ^ti , „~~ ~1 ~ ~ ~ ",~ > > ~ j ~ I' i ~.~_ ~:~ .,~ ~,~.W ,., = `~-~..~ ~~ ~r,~~ ~ ~ -,,~ ~~'', Iti ~~~;,i, , NO RIPARIAN AREAS ONSITE, ,. - ,~: ~ ,- ~4 ~ ~ ~` ~_ °~ ~ ,- ior~NG ' ~ ~ `~~'`~~; ~ ~{~- ~`.~-~-' _-..~ ~~ ^' I ~ _ ~ ~~~ ~~,~ ~~.~.~'",'' ,~ '' , ;~`v~0' SLOPES GREATER THAN 15% PRIMARILY _~ ~ ~ ~ ~, rv _ ~ , I ~ i t , , ~ a` ~_- ~ - = ~- ~,-~ ~Rn€f~A~u~,EAS~n;T ~ P~ _ r„ - ~ ~ ; ' ~ -~ ~ "-'-- ----r~~ } l ASSOCIATED WITH MAN-MADE DRAINAGE ~ t= SINGLEFAMIIY -. ~ ~ . - -~ _ ,~~ ,Dfi~'.@60h~PG.2473 ^..~ I._I j,~k ~ ~'= /~~,.,•'~ ,, .,~ ~~~ ~, ~ REaIDENTIAL '~~ ,.i 0~ T - i ~ ~ / ~.. .~ ~, ~ °' ,~ 1= ' ~ DK~,ss aka °,~ -- --`~~~ ~~r -Fs =~ =~ =~ -~'~- ~T-~`,~r ~-~.:~': \\„ ,`p' 1 FEATURES. ~, } ~ , '' y .::., ,.. ~ _ .. .. ~, . r~,. ~ ~ . i ',~1^., (1 I I`~Y.. ~ ~ ~ ~ j ~ §~! i.° ` ~ ,r.~ '~ .•" `75 ~ ) S - , i l ~ I t ~ Y~ d A ~ fir,. J , . , .. ~ f J i)~, ~ r~ .r'~ ~ iC~ ~ i _ ~ ~ RE CY P ~ ~ ~ ~ ~~~ j~ "''~ ~1' ° / ~ ~ ~ ti ~{ i\ ~ ~ ~ 1,~ * i ~ ~ ~ cur "^ti ~E n ~,ji ,~..: ~.~ r` .r~ 1. ,. '' ~~ ~ ~ ~ ~.,t p ,~ 90 0, t €~ ~ " i ~~ ~ ~.s € ~ ~~ f ~ , # ~ ~ ~ ~ ~ ~'EGRE uTty ~ ~ ~;~ ,; ~ ; ( TI G~'~ i ~ l L ~~ ~' ~% ~. a ~ J I ~ ~ ~'a ^\ fl y ~ .,, .<, s°i~..'s~„-tea ;*~ '& ~ ~ ~ aRAIMk WAY'~WgTE~ ~~ ~~:'~-~~~ ti~~,` .~ ~ "% II ~ ~ ~ 1 ~ ~~~' ~- ~ ti~~ ~~~-`; t I ~ ) tiw~,"' s e ~ ~ ~T , :< « , ~ I ,i ` ~;».'~; ~ ., ~ i j ~N ;~ i , ~\ ~ ~ I I $F r J~ ~~~ ~El ~ ~ ,} ~~i d~ { t l 1 ~ %l~ a , ( ~~ .~ ~ ~,. I ~ ~ ~,~ ~ I ..,din - i~ 1 1 i -,~, ~~ ~ ~ I ~ .l" Y (., ~ t.. i i ~ ~ ,r/~ ~ __ ~ ~ ~`'iNGRESS$~ i~I € i~ 1 ~ i`1 ~ JJ ~ r}~~,~ ,~ ..-~ ~ ~, ~. ~,;;~ /J'c '+ ~~ A ~ GRE$~U LI SEWE(; 'I ,°' ~ . ~ ~ ~ ~ ~ ~ ~ n ~`l f lie f,'~, a~, ,f~ ~~ ~ , ~~~i ~€ ~ ~r'-;~ Fti ~~~. *' "" ~~ ~taRAINA~uE AY A R ~ ' ~~ ~ "'` , '~ rxM1. ~ i ' ~ Q ~ ~ J ~ ~ -• _ '; ~ RI T~ o j~ i /.~ ~ Zl`3NING ~ ~°1 ~S ~ ' ~°.., o ~s,.; ZDNVNG ~~^. t "_ f~F~ASEMENT ~ ~ ~ ,,,,~TcN~ ~c~ ~.,,/ ~" / ~" ^,'"'' `a/ ~ r ? ~ k / ~y WAR HQ SEI ~~,~ ~ k~ ' f' r '~ F~ ,, VA6.4NT ~~ i a. ~ INDUSTRIAL a ,I~~ ~- ' -~G"- .. ~~ ~a ~P~2di~. o"` %l' ,J~ ~ ~" ~ ~ ~ U,f, i' ~ ~ „ ~ ~ ., -~~~ ~; y. ,tip ;;~, ~~, ~ ~€ ~ . ,-: ~_ ~~ ,.751. ~+as ~ ~ ,~ ~,'. ''- ~ ~ I 20 SEWE ASS N ~ j~J NAGf:~VAY"NJy ~ ~ rw~~ r J I ~ ~ ~ , t ~ ~ 4 r = ; ~;' a.~,» 0~ ,~ ~, ~ i ~ 6KT.7y~5Qf~G 11~2pK u ~ ~~.. : ~„ /~/ ~T PQ NT i~~INGR , ~ r$"~ ~""~: ~~-, ~ ~ ~ ,, ti~7 7 R ~ ~ ~ I ~ S Qq - ~ ~ , ~ , ~ ,' ~~ ~.; ?: ~ ~ 50'D~4NAGE fi ~Rb ```L~ ~",_~~,~ / ! ~E~S~UT~Li'iY$EYVE~ ~` ~~ ~~~ ~~~ <r o :;~rr/`r-,.~w 1,, L GEND~ ' _' s ~. ~~ .~ EASEMEfyT 4 i ~;1 i ~~', y , ~,. ~ .,,.~:~ ~:;,~ d ~ ,%r_ +is. ,,1 ¢ ~} 8 ~ `.- ~,. ~`,\ DKT,7718,~°G.1558 ~l 1 ~~l- ° ~ '~~'+-~r ~ . s~., ~~. ~'"~ 1 ~ ~ d/i ~,,,, °tt.l~ _ ,~ a , a~, ~ , ~ ~ I a i ~ EXIST€HG DRA AGE a ' I , ~ ~.'" ~ ~? i ~~ • ~ ~ • • ~ ~~~ ~ ~2 ;~ ~;, ~~ ~ ~\ E , .~ ~ r`~ ~, ~ ~ ~ ,!°, BOUNDARY i~:~ t , ~.. ~, ^" !, '~;, ~ -~ ~' EASEMENT ~ ;;~ ~ ,>~°% ~ J1 ~, `',, ~.,,.;;! -' ~ PROJECT Y. c W , d~ ~~ ~ , ~ " c ~, I : I li \~, ~~,~,, .u-~r; ', ~ r~ =~ fi, ~~~`~.~rr -f'~ ` EXISTING RIGHT OF AY LINE ,; ° ~ ;: ` ~ » ~ t ~: SI i lid ~° (. a r ' i° ~ > >~ ~, ~~~ ~ __ ~', ,~.~ , ~ ~ '-';' ~ y 1~ ~~~; ~~'~ ;~'~~ ADJACENT PROPERTY LINE ..~. ~ 1 iE ~ ¢ i' ~,i ~ ' l III ~ i~ ~ "`~ ..' r!, _ ~-' ~i-`' ~~„~ ~, ~, ~" ,, ~ _; ,; ~ ~- '~~€ ~_-;~ ~ ~`> /~~~' ADJACENT ZONING BOUNDARY ------____ ~~ ~ r , " 'I I~ ~ `'`~ r~ ~f ,r ~'~ ~' ~ ~,~ EXISTING EASEMENTS ~i €f 40~1,1TiLiTY*5 r 1` 1~~°, ,./( ~ ,. } ` zoriiNG ~ ~ ~ I ~~ ~ ^~ ~ ~; ~~~ ~ "'~ t - ~ ~~~ ~ `~~I~~rrt ' ~ ~~~ - ~ ,~ ~~`' `,,, ~ EXISTING WATER w j~,~T~( i ~l~ ~ :~,.'f~~~' ;> y1, 'y" "4* ~aKT771~3~j816,, ~ /~ ~ '~~~ ~ ~~ °~ J ~ _~ ",~ ,Lv vj ''~~ ~~ ~e~' `~'~ ~ - ~~~_ ~~' I~.~ ._ ~ ', ~: ~ ~ ~' ~ ~ EXISTING SEWER -s~+s~- ~' ,1 ~.' ~~~ ~ _rti G_._._ ' (, ~' _. ~ ~ I~.~ ~, ~ ~- ~. - .~ ~~4" ~ ',/ ' EXISTING DRY UTILITIES Du ,. ( slr, ( ,, ~ ~,... ti-- ~~' ~ I ~ U4~ ~ ~~ t ~ ~~ ~~~g E~~,NT~,,~ ~ r ~, '-~ ~, I , ~ ©1 l ~. ~ ~a~ ~ ~ ~~ -~,~~a,~ ~ ~~';~"r~~ ~ ~ ~~ 1' CONTOUR LINE ~7e ~ ~ V C11~T.'1d3D~Cj,365,:~ j ~' is ~~ ;~.5~ t 1 r~ f ~ ,;: ' G-w *~~ -_~' S' T 1 .. ~ ,~a 7 1 C~ -ti1 -- €~ ~`~ ~~ a,~;.~ r , f `+ _ `-~.~- , ,-~,~ ~ ; *~~,~,•-,~,'" y: /, ~'' '°' ,~ >:!?~r~,;^r~ ~,,6 e ~, : ~_ ~ ~ ' 5' CONTOUR LINE -sale ~ ~ ~ ~ ~~ 1 ' Zr~. /p' ~ _~ EHTENT '_`~, ~ . ~+ ~ ~ "h s r`~~ G ; ~~ v~1 ~ ~ , .~ , ~~ _> »~ ~, \~ ~, s- s~jy~4900PG,1-~6 ~ f i• °` "4," •1 ~~ .~ \'~ ~~r\' ~x 1 ... ~ .r~ .~~.~~,,..;..F'~ I '~`~~-'1.s' .''is' ~, ~ K(~~,. A~ ~~ .fir pp ~1~`L., F~ ~G /." o<'",'~ ~ ~ WELL SITE \~, w ~ a `~ vfak-,-; ~~iti"t r"~'*~"r /(~ ~'~;,,,/' /i./" ~ ~ 1] {~ n~y. _ . mr ~~ '.' :~. ~\~\~t ~, ~ ,~~ I` 1 t?'~.~~aE'> ay?>.- ~r oNlt~~,,' "ry'~~.-.='"'..~-F'"~~,. ,~?~ ~„v ~ ~~._,. FEMAZONEAE --•--••-- ;, `~\ °1 ,,' ~~`r ` `t - I` ~E~ ~~ ~ ~~~ `f ~'~ ~.° FEMA ZONE XSHALLOW 100 YEAR X ~ ~ , o, ~. ~. ~, " ~ . - cE4'r` , ~EX;'~o N _ J~,, r ~~ ~a ~~ , ~ ~ , y' \~z, \ 01 ~~ ~„ ~ ~I ~~~!r ~ ~ ~; ;y"V6E SI r ~ ~ 1 . 20NING ~ "'. 'r. - e ~ CY` ~~ ~~ ~:`. ~~ ~ ~~?~ ', r ~fi~~~ ~n _` ~, ~,; f ~ a, r U.~; ;~~, ay ~ ~ HIGH DENSITY VEGETATION " \~ ~ \ t. ~, LIB a. W ~ ~ ~ v ,~` } ~ I ~ r ,,~` .~ ~, ~, c > ' \` - , ~"r ~ , ~~~ ~ r, '°'1~= :~ ~ ~ MEDIUM DENSITY VEGETATION \ ` ~~ S ~ ll ~E ~iNk~ r~~ f~' ~ ? ~~/ ~y ~ ~ ~ ~ ~ J ~ , ~~ ~~ '~~a SLOPES 15% OR GREATER - ~~~ `~~'~~ %~' ~.s7o~~-=~%~~~` ~,n ~'~ PAG,AI'RI"L 2008 ~~ ~ ~~ ~~ERIAL PHOTO: ~ ~' _. u 15o aoa ~+ur {JI C~~`J ~ r'~EpIANNIN~CLfdit:lt N O RTH WEST CO M M E RC E PAR K I? EZO K I N G PROJECTtATC-0) DATE8J31,D7 ~= :-` FILE NAME: ATC-03~CONSfRAiNIS1lX17.DWG Northwest Commerce Park Rezoning • Bibliography Aerial Photographs, Pima Association of Governments, 2008. Federal Emergency Management Agency (FEMA) MapGuide, Pima County Department of Transportation. Marana General Plan, 2007. Marana Land Development Code, revised 2003. Northwest Marana Area Plan, 2000. Pima County DOT Geographical Information Services, 2009. Sonoran Desert Conservation Plan Interactive MapGuide. Traffic Volumes in Metropolitan Tucson and Eastern Pima County, 2005 • • Bibliography ~~~~ ~~~ .a.. o, ...~.. 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, December 15, 2009, 7:00:00 PM To: Mayor and Council Item A 2 From: Lisa Shafer ,Assistant Planning Director Strategic Plan Focus Area: Community Building Subject: Ordinance No. 2009.27: Relating to Development; approving a modification to the rezoning conditions of Ordinance No. 2006.05 Discussion: History On March 21, 2006 the Town. Council adopted Ordinance 2006.05, which rezoned 10 acres of vacant land located one-quarter mile west of Camino de Oeste and directly north of Lambert Lane from Zone "R-144" to "R-80". This ordinance established the total site disturbance for the project at 30 percent. Request The property owners are requesting a change in condition #4 of Ordinance 2006.05 to increase the total site disturbance from 30 to 40 percent. During the processing of the plat for the four lot residential subdivision, a 30-foot wide ingress/egress easement along the entire east side of the property was identified. Staff informed the applicant that all easements on a property count against the disturbance calculation. James Olding on behalf of all the property owners submitted a request to modify the ordinance condition from 30 to 40 percent disturbance due to the fact that the 30-foot easement did not benefit any of the lots he and the other owners were creating. The 30-foot easement was for the sole benefit of the properties to the north and may or may not ever be used for that purpose. The subdivision plat the they are processing does not access this easement in any way. An increase in the disturbance would allow the property owners more flexibility on the four homesites they are creating as well as including the possible future disturbance for the 30-foot ingress-egress easement on the east side of the property. The 40 percent disturbance would include all easements, common areas and areas disturbed for construction, such as the homesite, driveway, septic and leach fields. ATTACHMENTS: Name.: Description: Type: ~ Ordinance 2009 XX Rezonng_Gonditon Change ORD Biding Piscotta Modification Ordinance Regular Council Meeting -December 15, 2009 -Page 104 of 158 for Ordinance 2006 05.doc ^ .O..Idi.ng_~etter.pdf Request Letter Backup Material ^ App..l.c...ato. n.pdf Application Backup Material ^ Locaton Map Qlding.pdf Location Map Backup Material ^ Ordinance_2.0....0..6 05..pdf Original Ordinance Backup Material ^ 2694_001._Psciotta.pdf Easement Exhibit Backup Material Staff Recommendation: Staff recommends a change in condition #4 of Ordinance 2006.05 to allow for a maximum site disturbance of 40 percent. Suggested Motion: I move to adopt Ordinance 2009.27, approving a modification to the rezoning conditions of Ordinance No. 2006.05. Regular Council Meeting -December 15, 2009 -Page 105 of 158 MARANA ORDINANCE N0.2009.27 RELATING TO DEVELOPMENT; APPROVING A MODIFICATION TO THE REZONING CONDITIONS OF ORDINANCE NO. 2006.05 WHEREAS,. on March 21, 2006, the Town of Marana adopted Ordinance No. 2006.05, approving the rezoning of a 10 acre parcel of located one-quarter mile west of Camino de Oeste and directly north of Lambert Lane, in a portion of Section 12, Township 12 South, Range 12 East; and WHEREAS, Ronald Olding, James Olding and Perry Pisciotta, the owners of the parcel, have requested a change in the rezoning condition #4 of Ordinance No. 2006.05 from 30 percent total site disturbance to 40 percent total site disturbance; and WHEREAS, the Town Council, at their regular meeting on December 15, 2009 has determined that a change in rezoning condition #4 of Ordinance No. 2006.05 from 30 percent total site disturbance to 40 percent total site disturbance should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: SECTION 1. Condition #4 of Marana Ordinance No. 2006.05 is hereby amended to read as follows: The overall disturbance of the site including all access roads, septic tanks and leach fields shall be limited to a combined total of not more than 40 percent. SECTION 2. 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, as of the effective date of this ordinance. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. PAS SED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15~' day of December, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Re9ui~iQ~~na{~eetF~~o~#b,~Pl~fi,l~~~age cos of Asa Frank Cassidy, Town Attorney December 1, 2009 Town of Marana Mr. Kevin Kish ttE: Marana Ordinance #2002.16 Olding Pisciotta Estates Limits of Grading Mr. Kish, Per the discussion we held in your office on October 30, 2009 please accept this request for amendment of Marana Ordinance No. 2002.16. Marana Ordinance 2002.16, Section 2, Condition No. 4, shall be amended as follows: A maximum of 4096 of the total site may be disturbed. The final plat shall indicate the maximum amount of square footage that may be disturbed on each lot. However, the exact building envelope shall not be determined until individual building permits are issued for each lot. We are requesting the change to 40% disturbance due to the fact that we are required to count the easement to the east in our disturbance calculations. This easement is for future access to properties to our North and serves us with no benefit. Our access comes from Lambert lane, north on Presidio de Oeste and east on Catle Corto. With an increase to the 40% disturbance we will be able to include the disturbance calculations of the 30 foot eastern easement, as welt as allow flexibility an the home layouts and design for our four parcels. Your help in getting this ready for presentation to the Mayor and Council in December is really appreciated. Thank you in advance for your help with this matter. Jamie Olding (0}219-6993 (c} 360-2100 Regular Council Meeting -December 15, 2009 -Page 107 of 158 ~;~~~~,~ f PLANNING & ENGI'.yIEERING APPS~ICA'TION T 1. TYPE OF .APPLICATION (Check One) ^ Pralintinary~Plat ^ Final Plat ^ Generall'IanArnendment (Variance Development Plan ^ S~~'PPP ^ Landscape PIan ^ Native Plant Permit Specific Plan Amendment ^ Conditiarral Use Permit ^ Rezone,rSpecific Plan ^ Annex ition ~~ ~ : ~1~~~'~ l Significant Land Use Change ^ I ^ Minor Land Division * ^ Wat4r Plan ~~ ~~I ~~CI~ ;~,-. ~ ~ r (C~~1<°' =} i~ ! ~~ U '~'~~~~~' ~~ 1 ~ mprovement Plan fspecifv ty pe in Description of Project box t ~ Other ~ 2. GENERAL DATA RE UIRED _ Assessor's Parcet ~`l Numbe s _ ~ 1 _ ~ rf ^ ~ ~ ~? ~ ~---~_ General Plan Designation a be eaniirmed b staf Grass Area (AcrelSq.1~t.) t , ~ ~ 5 t (~ ~~ - - Current Zoning Ta be c©nfirnied b sta DevelapmentlPrajectName - t)L fll ,~6 ~~~!~~- ~~~~.-'~~~ f' t "Proposed honing ProjectL.ocatian ' `"l ~f '~(~ ~< ~~~T ~.."". Description afPraject* ~ ;~~/~'~~,~ ~--~^ Property Owner ~,~~-S OI,,~i:~.1G ~'Q,t1 f~~ia~ 4~1~b ~y 'f' ~ ~.SGD %J r~ Street Address ~~ ~. ~~~~..,~- ~~ City Ste Zi Phone Number Fax Number E-lvlail Addr s Contact Person ~~ Phone Number / E-mail 4~ ~~~ tug- Applicant ~-~~ ~~~ Street Address City State Zip Code Phone Number Fax Number E-Mai1 Addres Contact Person Phone Number ! E-mail AgentlRepresentative Street Address City State Zip Code Phone Number Fax Number E-Mail Address Contact Person Tawn of Marano Business License No. 3. AUTHORIZATION OF PROPERTY O~:\TER I, the undersigned, certify that all of the facts set forth in this applicai-ion are true to the best ofmy knowledge and that l am either the gwner of the prr,p,rn~ c:r that I ha~~e been antharized in writing by the owner to file this application and cfitecklisi {Ii' not owner of record, a#fach ti+rittcn authorization fro~tt the owner.) i ~. Print Name of A IicanflA ent Si nature Date 11.555 W. Civic Center Drive, Bldg. A2^Marana, AZ 85553-70fl3^Teiephane (52Oj 382-264^Fax (520) 382.2641 Print Form Regular Council Meeting -December 15, 2009 -Page 108 of 15~- ~-r~, -~ Condition Modification ~ ~ ~, [_~, .~~k 4 q~ 7~~ ~"~ f ~` :, ,~},.,~,..s.;.~~,}A~ ~ .~ CASE PCM-09055 J lL Z lCl 2 i ?L a __._-_ w 1 I w c° ~ z w O w 0 p z - d U Z W FLYING DIAMO ND DR w r v1 u.f O w v Q z Subject Prop rty Z W_LAM BE RT, LN z I~ J~ I ~ `u~ I Y z I ~ ,~ n l ~. Q< I v ~' z, Re.gUeSt o aoo soon. A request to modify Rezoning Ordinance 2006.05 condition #4. 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, r rect or complete and conclusions drawn from such are the responsibility of the user. In no event shall The Town of Marana become liable to users of these co information a ~ LL d d K~°u~aYLoun~'~firefinny IE~ec°emGeer"~~~~U9Sp~a I e ~U~o~ ~r5~onsequential damages, including but not limited to time, money or goodwill, arising from the F. ANN RODRIGUSZ, RECORDER DOCKET: 12768 RECORDED BY: ALH Y RECORDER ' oFP S' ~ PAGE: OF PAGES: NO 1811 3 DEPUT 0726 PE1 ~ Q ~~ ~Od . SEQUENCE: 20060570397 SMp,Rp, ~ + ~~b \ ' 03/24/2006 TOWN OF MARANA ~ \ ORDIN 15:29 ATTN: TOWN CLERK '98~O1ZQ' 11555 W CIVIC CENTER DR MAIL MARANA AZ $5653 AMOUNT PAID $ 8.00 MARANA ORDINANCE N0.2006.05 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A REZONING FOR OLDING/PISCIOTTA. WHEREAS, Ronald Olding, James Olding and Perry Pisciotta are the property owners of approximately 10 acres located one-quarter mile west of Camino de Oeste and directly north of Lambert Lane in a portion of Section 12, Township 12 South, Range 12 East, as described on Exhibit "A", attached hereto; and, WHEREAS, the Mazana Planning Commission held a public hearing on February 22, 2006, and at said meeting voted 6-0 to recommend that the Town Council approve said rezoning; and, WHEREAS, the Mazana Town Council heard from representatives of the owner, staff and members of the public at the regular Town Council meeting held March 21, 2006, and has determined that the rezoning should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. The rezoning of approximately 10 acres of land as described below is located one-quarter mile west of Camino de Oeste and directly north of Lambert Lane complies with the General Plan. Section 2. The rezoning area is hereby changed from "R-144" (single family residential 144,000 square foot minimum lot area) to "R-80" (single family residentia180,000 square foot minimum lot azea) on the 10 acres of land bated one-quarter mile west of Camino de Oeste and directly north of Lambert Lane. Section 3. The intent of the rezoning is to allow the use of the rezoned area for single family custom homes on large lots. 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 Mazana Land Development Code (but which shall not cause a reversion of this rezoning ordinance): 1. Any property owner of this parcel shall be required to process a final subdivision plat to create any new lots. 2. The owners of the property shall comply with requests or requirements resulting from consultation with US Fish and Wildlife, a biological opinion or 404 permit from the Army Corp of Engineers. 3. The developer shall dedicate, or cause to have dedicated, 75 feet of new right-of--way along Lambert Lane running the entire length of the southern portion of the property upon request by Marana Ordinance No. 2006.05 Regular Council Meeting -December 15, 2009 -Page 110 of 158 Page 1 Of 2 J the Town of Mazana. If the right-of--way has not been dedicated prior to a final plat being processed for this property, theright-of--way will be dedicated via the recording of the final plat or upon demand of the Town. 4. The owners shall limit the overall disturbance of the site including all access roads, septic tanks and leach fields to a combined total of not more than 30 percent. 5. Total gradable azea for each lot shall be recorded on the final. plat. 6. Vehicular access to any current ar future parcel shall come from the existing 20 foot ingress/egress easement. No access other than the 20-foot existing ingress/egress easement shall be allowed. A one-foot no-access easement shall be recorded on the final plat. 7. A native plant permit must be obtained with each house permit and any other site disturbance/utility work that will impact the site. The plant inventory methodology must be used when submitting for the native plant pernut. Section 4. All Ordinances, Resolutions and Motions and parts of Ordinances, Resolutions, and Motions of the Mazana Town Council in conflict with the provisions of this Ordinance aze hereby repealed, as of the effective date of Ordinance No. 2006.05. Section 5. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional bythe decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. PASSED AND ADOPTED by the Mayor and Council of the Town of Mazana, Arizona, this 21 ~ day of March, 2006. ~,/ Mayor d Honea ATTEST: 1 a~ ,~, t 2 Marana Ordinance No. 2006.05 Regular Council Meeting -December 15, 2009 -Page 111 of 158 Page 2 of 2 . ocelyn Bronson, Town Clerk EXHIBIT "A" ALL THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 12 SOUTH, RANGE 12 EAST, OF THE GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 12; THENCE NORTH 89 DEGREES 54 MINUTES 57 SECONDS EAST ALONG THE SOUTHERLY LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, A DISTANCE OF 655.54 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUE NORTH 89 DEGREES 54 MINUTES 57 SECONDS EAST ALONG THE SOUTHERLY LINE, 655.55 FEET TO THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE NORTH 00 DEGREES 02 MINUTES 40 SECONDS WEST ALONG THE EASTERLY LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER A DISTANCE OF 660.25 FEET; THENCE LEAVING SAID EASTERLY LINE, SOUTH 89 DEGREES 55 MINUTES 15 SECONDS WEST, 655.82 FEET; THENCE SOUTH 00 DEGREES 04 MINUTES 06 SECONDS EAST, 660.32 FEET TO THE SOUTHERLY LINE OF SAID SOUTHEAST QUARTER OF SECTION 12 AND THE TRUE POINT OF BEGINNING. ,t ~3~ ~t I Regular Council Meeting -December 15, 2009 -Page 112 of 158 First American Tithe cT , N aex ~ :E I ~ .. ~" ~ xisir~Y+t p~fms:+~: td~ 1111 - +~c~,"s:~i ~c~ ~taYnr QfJ,f ~..~ t .~- xevwasw s~.ev .} man ~ } _.T-,-. _ .~.--•,4-rn~.~.....,..._,-..~:. ,j } .. ~.. . ~ .. ~~.:.. 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CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, December 15, 2009, 7:00:00 PM To: Mayor and Council 'Item A 3 From: Lisa Shafer ,Assistant Planning Director Strategic Plan Focus Area: Community Building Subject: Ordinance No. 2009.28: Relating to Development; approving a modification to the rezoning conditions of Ordinance No. 2006.06 Discussion: History On March 21, 2006 the Town Council adopted Ordinance 2006.06, which rezoned 20 acres of vacant land located one-half mile west of Camino de Oeste and directly north of Lambert Lane from Zone "R-144" to "R-80". This ordinance established the total site disturbance for the project at 30 percent. Request The property owners are requesting a change in condition #4 of Ordinance 2006.06 to increase the total site disturbance from. 30 to 40 percent. During the processing of the plat for the nine lot residential subdivision, a 30-foot wide ingress/egress easement along the entire east side of the property was identified. Staff informed the applicant that all easements on a property count against the disturbance calculation. John Gutierrez on behalf of all the property owners submitted a request to modify the ordinance condition from 30 to 40 percent disturbance due to the fact that the 30-foot easement did not benefit any of the lots he and the other owners were creating. The 30-foot easement was for the sole benefit of the properties to the north and may or may not ever be used for that purpose. The subdivision plat the they are processing does not access this easement in any way. An increase in the disturbance would allow the property owners more flexibility on the four homesites they are creating as well as including the possible future disturbance for the 30-foot ingress-egress easement on the east side. of the property. The 40 percent disturbance would include all easements, common areas and areas disturbed for construction, such as the homesite, driveway, septic and leach fields. ATTACHMENTS: Name: Deset•iption: Type: D Ordinance 2009XX ORD Presidio de Oeste Modification Ordinance Rezoning Gonoition Ghange Regular Council Meeting -December 15, 2009 -Page 114 of 158 for Ordinance 2006 06.doc _... ___ ^ Request Letter John,pdf Request Letter Backup Material ^ application John.pdf Application Backup Material ^ Locaton_Map Gutierrez,pdf Location Map Backup Material ^ Ordinance 20.06 O6.pdf Original Ordinance Backup Material ^ 2fi95 001_Presidio.pdf Easement Exhibit Backup Material Staff Recommendation: Staff recommends a change in condition #4 of Ordinance 2006.06 to allow for a maximum site disturbance of 40 percent. Suggested Motion: I move to adopt Ordinance 2009.28, approving a modification to the rezoning conditions of Ordinance No. 2006.06. Regular Council Meeting -December 15, 2009 -Page 115 of 158 MARANA ORDINANCE N0.2009.28 RELATING TO DEVELOPMENT; APPROVING A MODIFICATION TO THE REZONING CONDITIONS OF ORDINANCE NO.2006.06 WHEREAS, on March 21, 2006, the Town of Marana adopted Ordinance No. 2006.06 approving the rezoning of 20 acres comprised of three parcels located one-half mile west of Camino de Oeste and directly north of Lambert Lane, in a portion of Section 12, Township 12 South, Range 12 East; and WHEREAS, JEMZ LLC, Beatrice P. Cutler, and Peter M. and Kim Cutler, the owners of the rezoned area, have requested a change in the rezoning condition #4 of Ordinance No. 2006.06 from 30 percent total site disturbance to 40 percent total site disturbance; and WHEREAS, the Town Council, at their regular meeting on December 15, 2009 has determined that a change in rezoning condition #4 of Ordinance No. 2006.06 from 30 percent total site disturbance to 40 percent total site disturbance should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: SECTION 1. Condition #4 of Marana Ordinance No. 2006.06 is hereby amended to read as follows: The overall disturbance of the site including all access roads, septic tanks and leach fields shall be limited to a combined total of not more than 40 percent. SECTION 2. 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, as of the effective date of this ordinance. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15~' day of December, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Regular~~ ulrYCif Nfeefing - De~rfi~~1~0~S9e"P'age 116 of 158 Frank Cassidy, Town Attorney December 1, 2009 Town of Marana Mr. Kevin Kish RE: Marana Ordinance #2002(.16 ~E7i~iv L~P C,~E.x~'FL'_ Limits of Grading Mr. Kish, Per the discussion we held in your office on October 30, 2009 please accept this request for amendment of Marana Ordinance IVo. 2002.16. Marana Ordinance 2002.16, Section 2, Condition Na. 4, shall be amended as follows: A maximum of 4090 of the total site may be disturbed. The final plat shall indicate the maximum amount of square footage that may be disturbed on each lot. However, the exact building envelope shall not be determined until individual building permits are issued for each lot. We are requesting the change to 4090 disturbance due to the fact that we are required to count the easement to the east in our disturbance calculations. This easement is far future access to properties to our North and serves us with no benefit. Our access comes from Lambert Lane, north on Presidio de Oesten With an increase to the 40% disturbance we will be able to include the disturbance calculations of the 30 foot i~je~l2.rrt easement, as well as allow flexibility on the home layouts and design for our four parcels. Your help in getting this ready for presentation to the Mayor and Council in December is really appreciated. Thank you in advance for your help with this matter.. (oy ~'t~-~t.3~ cal :~'?~~2~f'~`fi c c ~ 2~~ -~-~3 Regular Council Meeting -December 15, 2009 -Page 117 of 158 AA . ~t-~~;~~ ~~~ PLANNING& ENG11'F,E12iNG APPLICATION ~~ 1. TYPE OF APPLIC:1TIOti (CBeck One) ry ^ Preliminary Plat ^ Final Plat ^ Ueneral Plan Amendment ^Variance ^ Development Plan ^ SWPPP ^ Landscape Plan ^ Native Plant i'ermit ^ Specific Plan Amendment ^ ConditionalLlse Pcrmit ^ RezonelSpecifie Plan ^ Annexation ^ Significant Land Use Change ^ Minor Land llivision ^ Water P [~ Irnproveme~it Plan ~ecif}r type in Description of Project bay*} ~ Other ~~-'~,,,-~ri 3 i'..~~-- ~-1{~-1-- ~~..- 2. GF.tiERAL DATA RE ti1RED _ Assessor's Parcel Numbs s ')C~.:=:~? •-~?? I= 1 ii. ';%7'='t-t7 `= . ;GtL- ~"? t iJ ..General Plan Designation obeconfitmcdb staff Gross Area (Acr'clSq. Ft.) ~ ~ _ , ~ Current Zoning To be confirmed b sta Development./Project Name ~. ~ Proposed Zoning Project Location Description of Project* ~j 1 Property Owner ( +~'`') t Street Address ,-- -\ 1. ~ mo`t' ~c^'eC,,,~.s°l ... 1 L ~ >~ ~ ,-7 City State Zip Code Phone Numhcr ~7~: ~"1 . Fax Number E-Mail Address. Contact Person Phone Number ! E-mail Applicant ~'t ~ ra ~ Z Strcct ,address `~, /^~ '? c~c:'~ ~ 2 J`~ City ' State Zip Code 7 -~ Phone Number 7?~ ~ ~c Fax Number ~c ~ ~' S~~ 4a E-Mail Address Contact Person Phone Number t E-matt AgentlRepresentative Street Address City State Zip Code Phone. Number Fax Number E-Mail Address ContactPcrson TownofMaranaF3i~siness License No. 3. AUTHORIZATION OF PROPERTP OWNER I, the undersigned, certify that all of the facts set- forth in this application are true to the best of my knowledge anti that I am either the owner of the prope~•ty or that I have been authorized inwritin~ by the owner to fi1c this applicatiorrand checklist. (If not owner of recur d. attach written authorization from the owner,} i , n Prin~ of A > IicantlA ent ~~ Hato .Date l 1555 W. Civic Center Drive, Btdg. A2^Marana, AZ 85653-'7003^Telephone (S20) 382-26.00^Fax {520} 382-2541 Print Form Regular Council Meeting -December 15, 2009 -Page 118 of 158 ` '~ ~~£m '" y~'`~~~, ~~:, Condition Modification ~.~.,~_~ 5,~. .,~y,'~,,.,,.;-0A,~~ ~ CASE PCM-09054 ry a z w ~ ---- w 1 I w co w z w fl {3 z d U Z W FLYING DIAMO ND DR ubject Prope W W 0 ul Q 0 z a z LAM BERTH LN Z l ~ D .z I ~ ' ~` Q; I 'i a ~ z. RegUeSt o aoo soo ft. " ~. A request to modify Rezoning Ordinance 2006.06 condition #4. 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 a n d conclusions drawn fro m such information are the responsibility of the user. In no event shall The Town of Marana become liable to users of these r ~ ri v da~~ou~arY~oun~l IVII?2{finny IE~ecemYier''~5, i~b$p~ade `~~~'o~ ~r5~onsequential damages, including but not limited to time, money or goodwill, arising from the F. ANN RODRIGUEZ, RECORDER DOCKET: 12768 RECORDED BY: ALH r PAGE: 1814 ' DEPUTY RECORDER 0726 PE1 ~ ~~ ~ ~ 0~ NO. OF PAGES: SEQU$NCE: 7 20060570398 SMARA ~ „ ~ y 03/24/2006 TOWN OF MARANA ~~ ~b ORDIN 15:29 ATTN: TOWN CLERK ~RI ZO~4- 11555 W CIVIC CENTER I:~R MAIL MARANA AZ 85653 AMOUNT PAID $ 9.00 J MARANA ORDINANCE N0.2006.06 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A REZONING FOR PRESIDIO DE OESTE. WHEREAS, Pete Cutler, Earl Cutler and John Gutierrez are the property owners of three parcels that combined are approximately 20 acres located one-half mile west of Camino de Oeste and directly north of Lambert Lane in a portion of Section 12, Township 12 South, Range 12 East, as described on Exhibit "A", attached hereto; and, WHEREAS, the Marana Planning Commission held a public hearing on February 22, 2006, and at said meeting voted 6-0 to recommend that the Town Council approve said rezoning; 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 March 21, 2006, and has determined that the rezoning should be approved; NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marano, Arizona, as follows: Section 1. The rezoning of approximately 20 acres of land as described below is located one-half mile west of Camino de Oeste and directly north of Lambert Lane complies with the General Plan. Section 2. The rezoning area is hereby changed from "R-144" (single family residential 144,000 square foot minimum lot area) to "R-80" (single family residentia180,000 square foot minimum lot area) on the 20 acres of land located one-half mile west of Camino de Oeste and directly north of Lambert Lane. Section 3. The intent of the rezoning is to allow the use of the rezoned area for single family custom homes on large lots. This rezoning is subject to the following conditions, the violation of which ,r 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): "~' i 1. Any property owner of this parcel shall be required to process a final subdivision plat to create ~i any new lots. .~` 2. The owners of the property shall comply with requests or requirements resulting from consultation with US Fish and Wildlife, a biological opinion or 404 permit from the Army Corp `' of Engineers. 3. The developer shall dedicate, or cause to have dedicated, 75 feet of new right-of--way along Lambert Lane running the entire length of the southern portion of the property upon request by Marana Ordinance No. 2006.06 Regular Council Meeting -December 15, 2009 -Page 120 of 158 Page 1 Of 2 the Town of Marana. If the right-of--way has not been dedicated prior to a final plat being processed for this property, the right-of--way will be dedicated via the recording of the final plat or upon demand of the Town. 4. The owners shall Limit the overall disturbance of the site including all access roads, septic tanks and leach fields to a combined total of not more than 30 percent. 5. Total gradable area for each lot shall be recorded on the final plat. 6. Vehicular access to any current or future parcel shall come from the existing 20-foot ingress/egress easement. No access other than the 20-foot existing ingress/egress easement shall be allowed. A one-foot no-access easement shall be recorded on the final plat. 7. A native plant permit must be obtained with each house permit and any other site disturbance/utilitytyork that will impact the site. The plant inventory methodology must be used when submitting for the native plant permit. Section 4. All Ordinances, Resolutions and Motions and parts of Ordinances, Resolutions, and Motions of the Marana Town Council in conflict with the provisions of this Ordinance are hereby repealed, effective as of the effective date of Ordinance No. 2006.06. Section 5. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21 S` day of March, 2006. G'i' ""'~-~'~ Mayor Ed Honea ATTEST: C. ronson, Town Clerk AS TO FORM: gown Macana Ordenance No. 2006.06 P//t~~'I "r~i ~,' ~_ ~~~•s ~ u~9~:(1``~~ 111~~ l 2 ~4 ~~ Regular Council Meeting -December 15, 2009 -Page 121 of 158 Page 2 of 2 EXHIBIT "A" For PRESIDIO DE OESTE REZONING LEGAL DESCRIPTIONS PCZ-05102 ~i~ ~., ~~ ~M Regular Council Meeting -December 15, 2009 -Page 122 of 158 LEGAL DESCRIPTION I A parcel of land situated in the Southwest One Quarter (SW1I4) of section 12, Township 12 South, Range 12 East, G&SRM, Pima County, .Arizona, more particularly described as follows: All of Parcel 1, per Record of Survey Bk. 32, Pg. 72 and the North 15.00 feet of Parcel "C" per Record of Survey, Bk. 39, Pg. 54. Containing 442,921 sq. ft. or 10.168 acres, more or less. Page 1 of 1 35235 STAN G. FARiS ~~~ ";1 ~: ~::~ R'~ a Regular Council Meeting -December 15, 2009 -Page 123 of 158 LEGAL DESCRIl'TION 2 A parcel of land situated in the Southwest One Quarter (SW 114) of section I2, Township 12 South, Range 12 East, G&SRM, Pima County, Arizona, more particularly described as follows: COMMENCING at the South One Quarter corner of said section 12, a 5/8"LP.; THENCE North 00 degrees 11 minutes 03 seconds West, along the North-South Mid- Section line of said section 12, a distance of 287.60 feet, to the POINT OF BEGINNING; THENCE North 89 degrees 49 minutes 04 seconds East, distance of 409.53 feet; THENCE North 22 degrees I 1 minutes 47 seconds East, a distance of 143.95 feet; THENCE North 44 degrees 56 minutes 10 seconds East, a distance of 270.14 feet; THENCE North 00 degrees 09 minutes 46 seconds West, a distance of 33.90 feet; THENCE South 89 degrees 50 minutes 52 seconds West, a distance of 655.77 feet; THBNCE South 00 degreesl l minutes 03 seconds West, a distance of 357.89 feet, to the POINT OF BEGINNING. Containing 187,233 sq. ft. or 4.298 acres, more or less. Page 1 of 1 ~l, ~~ a~ ~.'3i ~r~ q.~ ~:~ ~~:~4 1k ~~ Regular Council Meeting -December 15, 2009 -Page 124 of 158 LEGAL DESCRIl'TION 3 A parcel of land situated in the Southwest One Quarter (SW1/4) of section 12, Township 12 South, Range 12 East, G&SRM, Pima County, Arizona, more particularly described as follows: COMMENCING at the South One Quarter corner of said sectionl2, a 5/8"LP.; THENCE North 00 degrees 11 minutes 03 seconds West, along the North-South Mid- section Line of said section 12, a distance of 75.00 feet, to the North Right of Way line of Lambert, and the POINT OF BEGINNING; THENCE North 89 degrees 49 minutes 04 seconds East, along said North Right of Way line of Lambert, a distance of 655.56 feet; THENCE North 00 degrees 09 minutes 46 seconds West, a distance of 536.33 feet; THENCE South 44 degrees 56 minutes 10 seconds West, a distance of 270.14 feet; THENCE South 22 degrees 11 minutes 47 seconds West, a distance of 143.95 feet; THENCE South 89 degrees 49 minutes 04 seconds West, a distance of 409.53. feet; THENCE South 00 degreesl l minutes 03 seconds East, a distance of 212.60 feet, to the POINT OF BEGINNING. Containing 186,732 sq. ft. or 4.287 acres, more or less. Page 1 of 1 fi. wig, ~:Y ~;~ ~~ ,~ ~"~ ~~ S~ Regular Council Meeting -December 15, 2009 -Page 125 of 158 LEGAL DESCRIl'TION 4 A parcel of land, for Right of Way purposes, situated in the Southwest One Quarter (SW1/4) of section 12, Township 12 South, Range 12 East, G&SRM, Pima County, Arizona, more particularly described as follows: BEGINNING at the South One Quarter corner of said section 12, a 5/8"I.P.; THENCE North 00 degrees 11 minutes 03 seconds West, along the North-South Mid- section line of said section 12, a distance of 75.00 feet; THENCE North 89 degrees 49 minutes 04 seconds East, distance of 655.56 feet; THENCE South 00 degrees 09 minutes 46 seconds East, a distance of 75.00 feet, to the South line of said section 12; THENCE South 89 degrees 49 minutes 04 seconds West, a distance of 655.53 feet, to the POINT OF BEGINNING. Containing 49,166 sq. ft. or 1.129 acres, more or less. 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CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, December 15, 2009, 7:00:00 PM To: Mayor and Council Item A 4 From: Frank Cassidy ,Town Attorney Strategic Plan Focus Area: Community Building Subject: Relating to Public Works; approving the acquisition of right-of-way for three roadway .crossings over the Cortaro-Marana Irrigation District canal adjacent to the Interstate 10 Frontage Road for the Tangerine Farms Road Improvement District Project, No. 2004- 36, and authorizing the Town Engineer to execute all documents and take all actions reasonably prudent to accomplish the acquisition Discussion: The Tangerine Farms Road Improvement District project crosses the main CMID canal in three locations -- at Tangerine Farms Road, Rillito Village Trail ("Street A"), and Crossroads Trail ("Street B"). Legal descriptions and maps of the crossings are provided as backup material. The roadway and irrigation channel undergrounding improvements in these locations were completed pursuant to a right of entry. The Town took possession of this right-of-way on December 1, 2006. If approved, this item will approve the Town's purchase of the rights-of--way necessary for the three CMID crossings and will give the Town Engineer authority to complete the purchase, subject to CMID's reservation of easements in all three locations as necessary to continue operation and maintenance of their irrigation works. The rights-of--way necessary for the three CMID crossings total 10,286 square feet of land (6,269 square feet of land for Tangerine Farms Road, 2,017 square feet of land for Rillito Village Trail, and 2,000 square feet of land for Crossroads Trail). Town staff proposes to purchase the right-of--way for a total negotiated purchase price of $43,000, including interest. Town staff had negotiated this purchase for a total price of $134,641.60, including principal and accrued interest, based on a miscalculation of a January 2006 Westcor purchase price for a large property located immediately adjacent to one of the crossings and about 450 feet and 3,200 feet, respectively, from the other two crossings. Staff felt that a negotiated purchase price based on the Westcor value would be the fairest way to proceed short of paying for an appraisal of the crossings, since the date of valuation of the crossings (December 1, 2006 -- the day the Town took possession) is less than a year after the Westcor sale and before the drastic real estate decline began. Unfortunately, the high negotiated price was based on a miscalculation of the Westcor purchase Regular Council Meeting -December 15, 2009 -Page 129 of 158 price. Staff had calculated the figure based on information from the Assessor's office indicating that the Westcor purchase included 73.65 acres. The miscalculation put the Westcor purchase price at $11.27 per square foot. Town staff now understands that the Westcor deal actually involved the purchase of 295.3 acres -- a purchase price of $2.82 per square foot. Rounding the value upward to $2.99 per square foot in recognition that the per-square-foot value of smaller acquisitions is typically higher than for a large parcel, Town staff now calculates the December 1, 2006 market value of the crossings, including accrued interest, at approximately $36,000. As can be expected, CMID was surprised at the significant drop in the Town's proposed purchase price. In an attempt to substantiate the new, lower figure, Town staff contacted an appraiser to determine the cost to appraise the crossings. Because each of the three crossings is a separate parcel, three separate appraisals would need to be accomplished at a cost of $7,000. Instead of spending $7,000 on appraisals, Town staff proposes to add $7,000 to the $36,000 proposed purchase price -- a total negotiated purchase price of $43,000. This item is proposed to be accomplished by a simple exchange of deeds for payment, instead of by formal acquisition agreement. For this reason, staff proposes that the approval of this item be by motion rather than by formal resolution. Financial Impact: If approved by the Town Council and by the CMID and CWUA Boards, this item will require the payment of $43,000 to CMID. In addition, Town staff anticipates the cost of title fees will not exceed $650. This acquisition is for the Tangerine Farms Road Improvement District, but the Town does not have sufficient funds from improvement district bond proceeds to cover this cost. If approved, this item will be funded from the Transportation Fund. ATTACHMENTS: Name: Description: ^ Tangerine Farms Road,pdf Tangerine Farms Rd Legal and Map ^ Rillito_Village.._Trail_Street . . A,pdf Rdl~to Village Trail Legal and Map ~ Gross..road Trail Sire.et B.pdf Crossroad Trail Legal and Map Staff Recommendation: Staff recommends approval of the proposed acquisition. Suggested Motion: Type: Backup Material Backup Material Backup Material I move to approve the proposed acquisition of rights-of-way necessary for the three CMID crossings for the Tangerine Farms Road Improvement District project, and authorizing the Town Engineer to execute all documents and take all actions reasonably prudent to accomplish the acquisition. Regular Council Meeting -December 15, 2009 -Page 130 of 158 1,1/03/2009 7:38;41 AM Page 1 Tangerine-farms Road Compound Period ..._.....: Monthly Nominal Annual Rate......: 5.000 CASH FLOW DATA Event Date 7 Laan 12/0112006 2 Payment 12/01/2009 Amount Numtaeir Period Er~d Date 70;651.63 1 82,059.91 1 AMORTIZATION SCHEDULE.:- Normal. Amortization Date Payment Interest Prinapal Balance Loan 12/01/2006 70,651.63 2006 Totals 0.00 0.00 0.00 1 12101/2009 82,059.9:7. 11,408:28. 70,651.63 0.00 2009 Totals 82,059.91 11,408.28 70,651..63 Grand Totals 82, 059.9.1, 11,408.28 70,&51.63 Regular Council Meeting -December 15, 2009 -Page 131 of 158 When Recorded Return To low of Martina Legal Deparenent 1 555 W. Civic Center Dr. Marana,_Arizona 85653-7006 QUIT CLAIM DEED Exempt Pursuant to A.R.S. §11-1134(A)(3} For Ten Do~ars and valuable consideration both had and received, the receipt and sufficiency of which are hereby acknowledged, CORTARO-MARANA IRRIGATION DISTRICT, Pima County, Arizona, a political subdivision of the State of Arizona, 12253 West Grier Road.,: Martina, Pima Country, Arizona, {"CMID") doss hereby rluit claim to the TOWN. OF MARANA, an Arizona municipal corporation, 1.1555.: West Civic Center Drive, Martina, Pima County, Arizona {°Trnivn° or "Grantee°), all of its interest in the real property situated in Pima County and legally described on ExhibtA attached to and incorporated herein. bythis-reference in thus instrument, subject to the hereinafter described reservations; RESERVING to itself and excepting from any rights quitclaimed and transferred to the Town pursuant th this instrument rights of easements, rights-of--way arreservatiort including imgation canals,. water. delivery systems and pipelines: utilitization of which by -CMID is related to ar utilized by it for its governmental purposes, water delivery systems, irrigation canals and laterals or pipelines including right of ingress and egress far the purposes of operating, maintaining, repairing, replacing, conshvcting or instaNing said water delivery systems, irrigation canals and laterals or pipelines. CMID retains and possesses its reserved "prior rights" in the propertyconveyed arui described in Exhibit A for the purposes described above; and any and'all future relocations and crosts thereof resulting from modification of roadway or other improvements located on the land described in Exhibit A shall. be the burden and financial: and other responsibility of the Grantee landowner and at no cflst to CMID. See Exhibi# "A" attached hereto and. by this reference made a parkhereof: 5Ui3JECTTO: All matters and documents of record. 11V WITNESS WHEREOF, the undersigned has executed this instrument this 28 day of October, 2009. CORTARO-MARAN RIGATI{3N DI ICT ----~~ Mr. Thomas Hum, President STATE OF ARiZQlVA } } ss COUNTY OF t~IMA The foregoing instrument was acknowledged before me on October 28, 2009 by Thomas Hum, President of the Cortaro-Martina Irrigation District, on behalf of the District. My commission expires:. ry Pu is sftlNElr s. siw>M Notaryr PwbNo - Autron~ PNm CouAry Ny ConnYssbn Expires wyr s, sops R - 09 -Page 132 of 158 Exhibi# A August l0, 2006 Tangerirfe Farrr~s Road Project No. 200436 ~egai t3e~cription for Crossing of Cortaro-Manna lrrigetion ~ist~ict poet for Tangerine Fauns Road A portion of a petrel of band located in the northwest ono-quarter of Seotiola ~, To~noetup 12 Souk, Raarrge 12 East, Gant rind Salt Rir~a Meadiaa, Finis ~otmty, , as.recorrSecl in Dvcket 1968 at Page-:587, iecoi+~s of Pima County,. dea~'bed as follr~ws: Commezclag at the noa"thwsst caartaet' of Secticm 6 Thence upon the w8~ ~C of said motion, Sotrtli 00 degit~eos 27 I4 IlDa, BsBt, a ciletaxics of ?47.21 feet ~ a point on die saly right-o~way of Tenger~ F~ms Read per Docket 12706 at page.7049, a no~taagent cut've cxiac~nre to d~ northwest wiHi a radiai bearing ofhToi#h 23' degrees 53 38 secarids West, said pout bears North 00 27 mimrtes 14 sleco~s West, 1890.80 led from 0?ts west: quarter co~na~ c>f said'Ssctiua 6; T6taae fly upon said night-of way, a carve to the le#t having a radius of 1O55.fl0 and a central angle of 26 +dagcees 17 mimites 21 sscoacts, an arc distance of 484 O7 feed Tlteaoe continue upon aaad rigb#=of way Nox~ 39 degrees 49:miautee 01 aeoo~s Bast, a d~acc of 127.08 feet to the Point of Bagtnnuaig ~ the soudrwesterly Tine of drat psopm#y described in Dockact 1968 atPage.. 587,. 'Theater Nord 39 degraea 49 mirmtea Ol scaands Bast, a distaaca of 25.iS ~ to a point as the. lyline ofsmidprapsrty; Th eatce upon $sid. n~oa$~eea~dylias North 55 degrees 29 urinates 38 soocsads West, a dunce of 12T.SI' f~ Thence conltinue ups mid northeastarlylineNcrth St? degrees 12 ~ 03 seconds Wes#, a disfence of 123.26 feed . 'ILeaoe South S9 degrees 49 manures 01 seconds... West, a distance of 25:00 fioet m a point. on tt-e soi~westarly line<af said property, die noartlewestarlyright-of-way, and ihs uortt~aste+rly right-of-way of said. Tine Farms Road; Thence. upon said property lino and. d>$ aantheasbarly right-of-way, South. SO degrees 12 aninntes 03 seconds Bast, a distance of 124.64 feet; Z7ieace oomkinuue upon said pmpe~ty line aad said righ~of-way, South 56 degrt~s 29 miuuSes 38 seconds Bast, a distance of 126.12 feet to die Point of Con#aimag a~ppzoxmately 0.144 acres, 6269 square feet. Pfd far mrtd or7 behakrof M M L A PS LIMAS oseQ~-a4 Regular Council Meeting -December 15, 2009 -Page 133 of 158 11/0312Q09 7:27:25 AM Page 1 Rilito Village Trail, Street A Comporind Period ...._.... : AAonthty Nominal Annual Rate .... 5.000 °!o CASH FLOW DATA Event Date Amount Number Period End Date 1 1_oan 12/0112006 22,731.59 1 2 Payment 1210112009: 26,402.1.1 3 AMORTIZATIf.?N SCHEDULE. -Normal Amortization Date Payment lrrterest Principal Balance Loam 1210U20a6 22,731.59. 2006 Totals 0.00 0.00 0.00 1 12/0112009 26,402.11 3,670.52 22,731.59 0.00 2009 Totals. 26,402.11 3,670:52 22,731,59 Grand Totals 26,402.11 3,670.52 22,731.59 Regular Council Meeting -December 15, 2009 -Page 134 of 158 When Recorded Return To: Tow of Mtirana Legal E3epartment 11'555 W. Civic :Center Dr. Martina, Arizona ti5653-7006 QUlT CLAlM DEED Exempt-Pursuant to A.R.S. §77-4134(A)(3} For Ten Dvilars and valuable consideration both had and received; the receipt and sufficiency of which are hereby acknowledged, CORTARO-MARANA IRRIGATION DISTRICT, Pima County, Arizona, a paiiticaF subdivision of the State of Arizona, 12253 West Grier Road, Martina, Pima Country, Arizona, t"CMID"} does hereby quit daim to the TOWN` aQF MARANA, an Arizona municipal corporation, 11555 West Civic Genter Drive, Martina, Pima County, Arizona ("Town" oc "Grantee"), alI of its interest in the retil property'situated in Pinta County and ~gally described on Exhibit A attached to and incorporated. herein by this reference. in this.: instrument, subject to the hereinafter described reservations; RESERVING to itself and excepting from any rights quitclaimed and transferred to the Town pursuant to this instrument rights of easements, rights-of way or reservation including irrigation canals, water delivery systems and pipelines utilitization of which by CMID is related #o or utilized by ~ far its governmental purposes, water delivery systems, irrigation canals and laterals orppelines including rights of ingress and egress for the purposes of operating, maintaining, repairing, replacing, constructing or installing- said water delivery systems, irrigation canals and laterals or pipelines. CMID retains and posQ~~~e its reserved "prior rights° in the property conveyed and described in Exhibit A for the purposes described above; and any and all future relocations and costs thereof resetting from modification of roadway or other improvements located onthe land described in Exhibit A shall be the burden and financial and other responsibility of the Grantee landowner and at no cost tv CMID. See Exhibit "A" attached heretaand by this reference made a part hereof. SUBJECT TO: A!I matters find documents of record. iN WITNESS WHEREOF, the undersigned has executed. this instrument this 28 day of October, 2009. CORTARO-MARANA IRRIGATION DIST CT r: Thomas Hum, President STATE OF ARl201VA ) )~ COUNTY OF PIMA ) The foregoing instrument was acknowledged before me on Uctober 28, 2009 by Thomas Hum, President of the Cortaro-.Martina Irrigation District, on behal#of the, District: . My commission expires: otary I aror+~r s. s+nN nosy w~eae-Aehonr Pkna Gouaty IRy Coeirnbsloa E~Plns ~Y 6 20..12 09 -Page 135 of 158 ~X1'libl~ "~"' Tangerine F~ms Rd. Project No. 24-36 . Legal Description for Crossing of CMlD Parcel _ - S A~tllib Village Trail its, ~Oit6 Apordma[drtg~apae~yd~a~admlaoatoatl9~ >~p~ye 387,1oa~d~-~smdo~aeaL~fa~f~aotim ~,1b 1Z S+a~rB~iZBwk ~>tadB~lERivarMa-P6r-COau~,Ads~o~~oeot~lad~ Dall~t L%8 at P>~ 3~7, >EO~ of ~s aoolnty xeoo~de~ Plmt Gbnogt, Ari~oo~, Qa~odbett a lblbw~ ~ 1~S:na& ca~etalsiid 8aosion Ti~^eenpoa re~at~os atsid~eotiaq $a~t00 dq~+eas 35 u 3liaer~o4deB~, s+~~ba! 1871.85 ~etia~l5s P*i~otat aor~6~oaa~olidpoopett~-~adbed~D~uo~et aloe 3p7- ~poii~'be~mtNo~1k00dl~l~eR33 ~aa3~omar3llsaoa~oie Wad T7~.95 ~i+atfi~mt~s osuetq^~npteoi~tvEsddBeoi~reC~y - 1lrla>ApmsddmKuq-1~19 deer 14 mio~0es01 ~eiooaAe Wat, sdWaond98.T1 ~atioapdotafampa~ tyae~tasi~oo~a+swrweaelyrralbe~+o[8o~a~ll~?I4de~es~S a~i.^Ms~s>reoao~ds 7!'i~eroeao~raoue~yra~oln ~~ido~ey w~-sa~3s.A0lbe~ olaaa<car~tid ~ea~73 z3 ;~sS4aeoao~dr, ~t~~oraesad~i4,848#Qapo~otanll#erffieo[stllidpovpagr,t ~ao~t~ins,w~-sadi~l5ada~a~Naear~ da~reaw 3amfm1e~~7~ooondeWa~ - ~~~-Ho48~~ da~ea~ i#mSnn~slll aleooartlo Hwy dl~oasa~o ~eNa me bed c~>t ~~a~sd+a~s awo~os ~o Ore L~ ~~ a~35Aa 8~at acrd oeil~at an~sa~73 de8c+eer?3 a~inoba~ ~4>tecaedr, ~amaMo6tfisoaaferbe~a 8oe~32 ~e®tas 3? >~.ss.~.a..~ _ 17re~tosupooaoidcar~q adiwocac~4~i~ett~ipoicta~a~passidm~ler~r Tlwroenpaaaid~-~a4Nat~+~dq~itae~l4mim~eeOl eoo~i3~Wa~~oe~3337 l~etsafisBrAritd>i~uill~, _ - ISb-0.~1631Laces~i7>~ . PMprmid~ra~dorrbM~ct . M M ~. A. RSt?~AS agocMo~,aeean~a . Regular Council Meeting -December 15, 2009 -Page 136 of 158 'FOMI~RSHP 11 90llfN - 31 12 S~TM . - ~AT'if0l1 ~C~1L,Es t" • !9d' i A- T~ ~~nns Rad P~q(eat No. ?100-~' POIWT OF ~OWIII~1' ~ ~ L?~a~ianlbr N 1/4 OF SEC. 8 Goaig aE~ora d~iot p~oN iorS~wtA RI~UTQ VILLAGE TR f ! . RO~N- LINE PER ~A.0.0.T. P1.Ai!l,S- - . .~ f `, _ i EAS'~RLY ~ LINE OF ~ ~ - +~ D~Oiq~'T 1958: i Si1UTHMl£SIEAI.Y / i . t.INE QF OOgCET 1988 ~~ i t Regular Council Meeting - Decemf~er 15, 2009 -Page 137 of 158 11 !0312009 7:34:26 AAA. Page 9 Crossroads Trail, Street: B Compound Period .._...,..: Monthly Nominal Annual Rate .... 5.000 °~ CASH FLC3W DA?A Event Date Amount. 1 Loan 1.2/01/2006 22,540.00 2 Payment i2101l2009 26,179.5$ Number 1 1 Period Et~d Date AMORTIZATION SCHEDULE -Normal Amortization Date. Payment Interest. Principal Balance Loan 12/0112006 22,540,00 2006 Totals 0.~ 0.00 0.00 1 12/01!2009 26,179.58 3..,639.58 22,540.00 O.U 2009 Totals 26,179.58 3,639;58 22,540.00 Grand Totals 26,179.58 3,639.58 22,540.00 Regular Council Meeting -December 15, 2009 -Page 138 of 158 When Recorded Return To: Tow of Martina Lega{ Department 11555 W. Civic Center Dr Martina, Arizona 85653-7t}Q6 QUR CtJ11M DEED Eacempf Pursaarrt to A.R.S. X11-1134(AK3} For Ten. DolEan; and valuable consideration both had antf received, the receipt: and sufF~iency of which are hereby acknowledged, CORTARO-MARANA IRRIGATION DISTRICT, Pima County, Arizona, a political subdivision of :the State of Arizona, 12253 West Grier Road., Martina, Pima Country, Arizona,. ("CMID"} does hereby quit claim tg the TOWN. OF MARANA, an Arizona municipal corporation, 11555 1Nest Civic Center Drive,. Martina, .Pima County, Arizona ('?own" pr "Grantee"), alf_vf its interest in the real properly situated.: in Pima County and legally described on Exhibit A attached to and incorporated herein by this reference in this instrument, subject to the hereinafter described reservations; RESERVING to itself and excepting from any rights quitotaimetl antl transferred to the Town pursuant to this instrument rights of easements, rights-of-way or reservation including irrigation canals, water delivery systems and pipelines utilitization of which by CMID is related to ar utilized by it for its gavemmental purposes., water delivery systems, irrigation canals-and laterals or pipelines including. rights of ingress and egress fdr the purposes of operating, maintaining, repairing, replacing, constructing or installing said water delivery systems, irrigation canals and laterals or pipelines. CMID retains and possesses its reserved "prior rights" in the property conveyed and describes in F~thibt A for the purposes described above; and any and all future relocations and costs thereofi resulting from modification of roadway or other improvements located on the land described in Exhibit: A shall be the burden and financial and otherresponsibility of the Gran#ee landowner and at no costto CM1D. See Exhibit "A" attached hereto and by this reference made a part hereof. SUBJECT TOE All matters and documents of record. fN WITNESS WHEREOF, the andersigraed has executed this instrument this 28 day of October, 20p9. CORTARQ-MARAN RiGAT10N DIS lCT Mr Thomas Hum, President STATE OF ARIZONA )~ COt1NTY OF PIMA ) The foregoing instrument was acknowledged before me on October 2$, Zt)09 by Thomas Hum, President of the Cortaro-Martina lmgation District, on behalf of the District. Mycommission expires: s>oaere, rrnt r+oaKr Public - #rlaoni Pkn County Ny conMntsston ExpMa #Uy B, TM P 009 - Page 139 of 158 Exhibit "A" ~, ~ Tangerine F~ms Rd. Pr# Na. 20(14-36 tt~al Damon for Crossing of CMID Parcel Street B-Cr~ossr~ads 7ra~ , A Portkt~t ty! that paroei tlasatbed h Doc#oet at ~ 284 tscordt; of ~ Cast Rsao~der, t~itrt~t County. Jt,lowatied M sotttffeast ttuariet' of ~ T Z! 8aadh, RN+ye 1 # Ems'. t~Ne and Batt i~wr 11M~dTttrt. Phna County. ~4timna, dsticrlbed at ~icUaw-t;: t~lNMENCtIiMQ at ~ ~ cortex of 8etdbn 38 sattYt 8A 2T Mttuiea 19 eeoottds W~ the sonlh line at tit• aotittltesst Syr ~ ~Yf~f IOW.'~g y~ ~ ~ ~ ~n'~s1~~~y{~ ~:1RNfi~ ~ tli: #F..IY ~~ L/ ~ ~R i~LiNi ~i~i{j . 7 ti0[~INBrI~/.1JPCf l i~ld CU~11~. 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A S ~aoe,.ooa _, ihts of setd Regular Council Meeting -December 15, 2009 -Page 140 of 158 > INT€~S1'A~3E ~aaO {7Vaw~i.r ~2/1+~ #~ti. 245 "~~ G-Ot~tE1' 2D~4 ~`$ 1~Sf~'L~ ~ PAGE 281 x~ i~ i ~r f ~~` r ~© ~p ' ~ ~ a~ U GERIFIE Ro~u ~a. rr~ sE~o E~ ,~ sec. 3a 1~ .. EXH181T A-1 T~gNinsFaorptl~o~dPraJ~tNa~04a6 S~CAIE 1• '• 3~Y ~~~~~ tor8lwrt$' wC 4 !"~ ~ YiTA IdC M M L A Dsn ~ moo, paG'~ ~ P S a M A S ~ tN ~ s~sT 4vA l~ ~toN ~. w ~.~~~ w 'E01N~NIP ii 500U'#'8. ~l~1GB ~i fCAST. ~'"~"'"'~' ia~.A ac ~1l,T Rl11FR Y~RIII1lW. PDU- Cpiti~'1R, ARIZQNA ...~.~. 03061-04 QA1E; OCi/fl3/~ • DRAVW 8Y; PAID ~~~~rrr. ^ r~ ^r~ - rr~r+rrrr~~i -^. r~.,e ors i T {{ii}} ' } Regular Council Meeting -December 15, 2009 -Page 141 of 158 ,ter :: ~~ ~ ~W -~ ~~ ~~RA- tip/ ~,. 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, December 15, 2009, 7:00:00 PM To: Mayor and Council Item A 5 From: Gilbert Davidson/Deb Thalasitis ,Town Manager/Assistant Town Manager Strategic Plan Focus Area: Commerce, Community Building, Heritage, Progress and Innovation, Recreation Subject: Resolution No. 2009-204: Presentation: Relating to Strategic Planning; approving and authorizing the Town Manager to implement the Town of Marana Strategic Plan Addendum; and declaring an emergency Discussion: On November 14, 2009, the Town Council held aone-day retreat to review accomplishments over the last year resulting from implementation of the town's first .Strategic Plan and to identify any changes or additions to the initiatives previously adopted. The purpose of this agenda item is to request council adoption of an Addendum to the Strategic Plan that identifies some minor revisions to each Focus Area as discussed by the Town Council at its November retreat. The Strategic Plan was initially developed in mid-November 2008 during atwo-day retreat facilitated by PSA, Inc. and town staff. The Strategic Plan was then shared with the community over a series of open house events and citizen comments were incorporated into the final version adopted by the Town Council on February 3, 2009. The Strategic Plan was envisioned to cover atwo-year planning horizon. Given the monumental changes in the economy, this update was designed to assess if any mid-plan adjustments were needed. The update also identified accomplishments. The following summarizes the discussion in these two areas and the Addendum to the plan document is attached to the resolution. Where Are We Today as a Result of the Strategic Plan? . Established and committed to a vision that is beginning to be implemented . Strategic Plan has been used to guide budget decisions, evaluate staff and programs and direct activities . Spurred additional planning efforts . Resulted in new collaborative partnerships . Received regional recognition (awards) . Increased recognition and respect statewide . Provided opportunities for more involvement (internal and external) . The economy continues to be a challenge . Different departments are sharing information, resulted in breaking down "silos" and directed consolidation of efforts . Improved image and perception: people and businesses are making positive comparisons Regular Council Meeting -December 15, 2009 -Page 142 of 158 and the Town is receiving good feedback . Improved visibility and transparency . Improved cohesiveness . Town has bought into the plan and it is being embraced . Attaining a reputation statewide as an innovator . Provides clearly defined goals for staff to follow keeps the organization moving forward . Provides a mechanism to track staff progress . Allows for continual review of priorities by asking "how does this fit into the Strategic Plan?" . Provides the ability to say no and evaluate projects in light of the Strategic Plan . Provides a framework for coordinating other plans and planning efforts . Keeps the vision in place even during difficult economic times . Provides the platform to be able to react when opportunities appear . Town of Marano is in a better financial position than a lot of other communities Financial Impact: N/A ATTACHMENTS: Name: Description.: Type: ^ Re.so_re adopton_of strategc..plan addendum Resolution Resolution (00018470). DOC ^ EX A~Stra..tegic Plan Addendum.pdf Exhibit A to Resolution Exhibit Staff Recommendation: Staff recommends approval of the 2009 Strategic Plan Addendum and resolution authorizing the Town Manager to implement the Addendum. Suggested Motion: I move to adopt Resolution No. 2009-204, approving and authorizing the Town Manager to implement the 2009 Strategic Plan Addendum and declaring an emergency. Regular Council Meeting -December 15, 2009 -Page 143 of 158 MARANA RESOLUTION N0.2009-204 RELATING TO STRATEGIC PLANNING; APPROVING AND AUTHORIZING THE TOWN MANAGER TO IMPLEMENT THE TOWN OF MARANA STRATEGIC PLAN ADDENDUM; AND DECLARING AN EMERGENCY WHEREAS on February 3, 2009, the Town Council adopted a strategic plan to serve as the foundation for the Town's future, including land use planning, budget development and assessment of individual and organizational performance; and WHEREAS the Town of Marana has engaged in a review of the strategic plan to identify ac- complishments and any necessary changes or additions to the key focus areas and initiatives previ- ously adopted; and WHEREAS the Town Council finds that adoption of the strategic plan addendum 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 Strategic Plan Addendum, attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved, and the Town Manager is hereby authorized to implement it for and on behalf of the Town of Marana. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the. aforementioned Town of Marana Strategic Plan Addendum. 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 15~' day of December, 2009. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: JocelyIl C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular CourScil Meeting -December 15, 2009 -Page 144 of 158 {00018470.DOC /} ^^ ^^ ^^ ^ ^^ ^^ ^^ ^^ COMMERCE •* COMMUNITY BUILDING HERITAGE RECREATION ~v~H~ct~i ~~- ~/ ~\ PLAN A D D E N D U IVY November 2009 f) O C 2009 Marano Strategic Plan Addendum At its Strategic Planning Retreat held on November 14, 2009, the Town Council affirmed the direction of the current Strategic Plan, which covers atwo-year planning horizon. Given the rapidly changing economic environment and associated ongoing challenges, coupled with the positive accomplishments over the past year, the following items were identified by the council as mid-plan direction or clarification for staff to focus on for the upcoming year. ^^ ^^ • ~ ~ .... r .... ^^ r^ COMMERCE COMMUNITY HERITAGE PROGRESS RECREATION BUILDING INNOVATION Focus Area: Commerce Center Initiative: Initiate and complete the Economic Development Roadmap planning process that will guide decisions about economic diversification. Council Direction • Address the transition from the planning phase to the implementation phase upon the Economic Development Roadmap's adoption. 2 ,s~ COMMUNITY HUILDiNG Focus Area: Community Building Initiative: Maintain the current level of service or better to keep residents safe and secure. Council Direction • Explore the current fiscal realities methodologies and strategies to diversify revenues so levels of service can be maintained and~or to identify alternative means of service delivery. Examine the Town's cost and fee structures for programs. Examine a tiered user fee system for residents vs. non-residents -especially if the alternative is to eliminate. • Develop more detailed methods for making programs (e.g., recreation) sustainable over the long term and to ensure long term operations and maintenance. • Explore ways to partner with other organizations to maintain service levels and maximize resources. Examples of partnerships could include greater joint use of facilities with MUSD. Initiative: Improve community involvement and education. Council Direction • Focus on the importance of improved communication and interaction. Identify and implement ways to have council members more engaged in community meetings and activities so that information can be disseminated from the Town's leadership (e.g., develop a community activities calendar for Council members so that they can attend more community events and meetings). • Explore ways to assist and support improvements to our educational system including support for vocational training and development of education facilities within the town.. Focus Area: Progress Innovation Initiative: Create an organization of excellence. Council Direction • Continue to improve internal communications. .. COMMUNITY gl,lILGING + Ensure the Strategic Plan addresses the impacts that environmental restrictions (e.g., Cap and Trade) will have on Marano. Ensure that there is a focus on energy efficiency in the Strategic Plan. Focus Area: Heritage that Ties the Past to the Future Initiative: Incorporate and showcase Marana's heritage in its signature events. Council Direction • Develop options to expand and/or reinvent the Founders Day celebration to encourage more participation by residents, businesses and various Marano organizations like the Marano High School Alumni Association. Initiative: Establish or support organizations that promote the Town's heritage and history. Council Direction • Identify opportunities to partner with the Marana Heritage Conservancy (501 C3) to enhance the heritage activities in the community. Develop a strategy that identifies specific opportunities for coordination and partnering to implement the Strategic Plan's Heritage initiatives. 4 0 0 Q N 0 0 0 0 Focus Area: Recreation Capital of Arizona Initiative: Identify, undertake and/or complete planning processes for parks, open-space, and recreation facilities. Council Direction • Address the transition from planning to implementation of the Parks and Recreation Master Plan upon adoption. Initiative: Pursue recreational and tourism development opportunities/projects that promote multifunctional use and enhance water reliability to attract visitors and tourism dollars. Council Direction • Include an initiative strategy to support the development of recreational amenities as part of the planning for the Reliability Reservoir project. Staff will bring forward to Town Council the various decision points and partnering opportunities with Bureau of Reclamation regarding the project. 5 ~~ I~1~~1 ~1 1 ro.. a, .«..~„ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, December 15, 2009, 7:00:00 PM To: Mayor and Council Item B 1 From: Jocelyn Bronson ,Town Clerk Strategic Plan Focus Area: Community Building Subject: Relating to Boards, Committees and Commissions; recommendation for membership and appointment to Citizen Advisory Commssions Discussion: Marana Ordinance No. 2009.18, dated August 4, 2009, established a simplified and uniform appointment process for Town boards, commissions and committees. Under the new ordinance, the council receives applications in December and June and makes appointments in January and July. Vacancies are advertised on the town's website and other designated locations well in advance of these time-frames. Currently, there exists one vacancy for a regular member on the Business and Economic Development Citizen Advisory Commission. The application of Dee Maitland for this vacancy has been provided to the council separately. Ms. Maitland meets the residency requirements for this commission. In addition to the above vacancy there is one vacancy for a regular member on the Board of Adjustment. The application of Larry Steckler for this vacancy has been provided to the council separately. Mr. Steckler currently sits on the Parks & Recreation Citizen Advisory Commission and under current procedure is permitted to sit on more than one commission. There is also one vacancy for a regular member on the Affordable Housing Commission as well as for vacancies for alternate members. No applications. have been received to date for these vacancies. Formal notice of all vacancies was posted beginning September 3, 2009 on the town's website and at the municipal complex. ATTACHMENTS: Name: Description.: Type: No Attachments Available Staff Recommendation: Regular Council Meeting -December 15, 2009 -Page 151 of 158 Council's pleasure. Suggested Motion: Information only. Regular Council Meeting -December 15, 2009 -Page 152 of 158 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, December 15, 2009, 7:00:00 PM To: Mayor and Council Item D 1 From: Steve Huffman ,Intergovernmental Affairs Administrator Strategic Plan Focus Area: Not Applicable Subject: Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature Discussion: This item is scheduled for each regular council meeting in order to provide an opportunity to discuss any legislative item that might arise during the current session of the State Legislature. Periodically, an oral report may be given to supplement the Legislative Bulletins. ATTACHMENTS: Name: Description: Type: ~ Legislative Bulletin 1.1.-2.5.- 2009,,pdf LB 11-25-2009 Backup Material Staff Recommendation: Upon the request of Council, staff will be pleased to provide recommendations on specific legislative issues. Suggested Motion: Mayor and Council's pleasure. Regular Council Meeting -December 15, 2009 -Page 153 of 158 League of Arizona -Legislative Bulletin ~.~~ ~ ~~~ e;~isl~~tive ~t~lletin Governor Convenes ~eci al Session Governor Jan Brewer issued the call for the Fourth ~ecial ~sson of the 49th Legislature on November 17th, 2009. The purpose of the sesdon was to address the state budget, multipurpose districts, a payment to the ~ience Foundation and a legislative fix related to a regular session bill on foreclosures. Read more... Capitol Press Conference on League Lawsu i t At a press conference held Tuesday the Governor, House beaker, Senate President and Senator F~issell Pearce attacked the League for filing a lawsuit challenging some provisionsof HB2008. The press event focused almost entirely on the issue of illegal immigration, with the assertion that the end result will be that those in the country illegally will be able to receive public benefits. Using quite strong language, they also said that the League had agreed to the provisions included in HB2008, did not testify against them, and is now filing a lawsuit opposing them. Read more.... New BuI I et i n Format League staff is excited to debut this new format for the Legislative Bulletin. For years we have been tending out the Bulletin in a *pdf format, but many of our readers requested we send it out in a format more fitting for the 21st Century, particularly with the prevalence of mobile devices. Hopefully this format for the Bulletin will be easier for you to read and access. The content and types of articles will remain the same. Thank you in advance for your comments and suggestions. Legislative 13uttetin ispublished by the League of Arizona C~tiesand Towns. Forward your comments or suggestionsto ieaguea~zleague.org. Regular Council Meeting -December 15, 2009 -Page 154 of 158 League of Arizona Cities and Towns -Legislative Bulletin lme~,islativ But~ttn - Governor Convenes ~eci al Session Governor Jan Brewer issued the call for the Fourth ~ecial fission of the 49th Legislature on November 17th, 2009. The purpose of the ses~on was to address the state budget, multipurpose districts, a payment to the ~ience Foundation and a legislative fix related to a regular session bill on foreclosures. The Legislature met for three days last week and this past Monday and passed the four-bill package: X1001 general appropriations; 2009-2010; ;$1002 K 12; budget reconciliation; X1003 general revenues; 2009-2010; X1004 antideficiency statutes; property; amendments. The ~ecial fission adjourned sine die and the Governor signed the bills on Monday afternoon. Mme of the provisions affect cities and towns, particularly provisions contained in Senate Sill 1003, which are immediately effective under an emergency clause: • 9,rveeps up to $10M from the Water Sapply Development Fund. e C~angesthe allocation to the Housing Trust Fund from affixed percentage to atatal amount of $10.5M. • Reduces the cities' portion of the Local Transportation Assistance Fund (LTAFi) by $2.3M and LTAF2 by $990,000 (approximately 10 percent of each fund); the impact on each city and town can be found here. • Augments that Flo Nuevo District Governing Board; requires audit reporting and public outreach. • Retains to the general fund the potential vehicle license tax (VLT} payments made by those who want. to pay for more than two years. There is no impact for this fiscal year and only a minimal potential impact next year. There is no word yet on whether the Governor and Legislature will attempt to convene a 5th ~ecial ~~on in December. Regular Council Meeting -December 15, 2009 -Page 155 of 158 2009 4th Special Session Reductions to LTAF and VLT CITY/TOWN 2005 TPTINURE POP. 2008 DES POP Current LTAF Reduced LTAF Loss for Current Fiscal Year APACHE JUNCTION 34,070 37,917 $165,398 $148,746 $16,652 AVONDALE 69,356 76,648 $334,347 $300,686 $33,661 BENSON 4,740 5,030 $21,941 $19,732 $2,209 BISBEE 6,570 6,389 $27,870 $25,064 $2,806 BUCKEYE 25,406 50,143 $218,729 $196,708 $22,021 BULLHEAD CITY 38,210 41,187 $179,662 $161,574 $18,088 CAMP VERDE 10,730 11,580 $50,513 $45,428 $5,086 CAREFREE 3,684 3,948 $17,222 $15,488 $1,734 CASA GRANDE 32,470 45,116 $196,801 $176,988 $19,814 CAVE CREEK 4,766 5,132 $22,386 $20,133 $2,254 CHANDLER 230,845 244,376 $1,065,996 $958,674 $107,322 CHINO VALLEY 12,325 13,069 $57,008 $51,269 $5,739 CLARKDALE 3,680 4,030 $17,579 $15,809 $1.770 CLIFTON 2,596 2,616 $11,411 $10,262 $1,149 COLORADO CITY 4,080 4,042 $17,632 $15,857 $1,775 COOLIDGE 8,180 12,311 $53,702 $48,295 $5,407 COTTONWOOD 10,860 11,230 $48,987 $44,055 $4,932 DEWEY-HUMBOLDT 4,030 4,444 $19,385 $17,434 $1,952 DOUGLAS 17,195 18,207 $79,421 $71,425 $7,996 DUNCAN 812 845 $10,000 $10,000 $0 EAGAR 4,435 4,810 $20,982 $18,869 $2,112 EL MIRAGE 32,061 33,647 $146,772 $131,995 $14,777 ELOY 11,125 16,163 $70,505 $63,407 $7,098 FLAGSTAFF 61,185 64,693 $282,198 $253,787 $28,411 FLORENCE 20,530 24,096 $105,110 $94,527 $10,582 FOUNTAIN HILLS 24,492 25,995 $113,393 $101,977 $11,416 FREDONIA 1,110 1,130 $10,000 $10,000 $0 GILA BEND 1,980 1,899 $10,000 $10,000 $0 GiLBERT 177,544 214,820 $937,069 $842,727 $94,342 GLENDALE 242,369 248,435 $1,083,702 $974,597 $109,105 GLOBE 7,495 8,032 $35,037 $31,509 $3,527 GOODYEAR 46,213 59,436 $259,267 $233,164 $26,102 GUADALUPE 5,555 5,990 $26,129 $23,498 $2,631 HAYDEN 892 839 $10,000 $10,000 $0 HOLBROOK 5,425 5,611 $24,476 $22.012 $2,464 HUACHUCA CITY 1,830 1,952 $10,000 $10,000 $0 JEROME 330 329 $10,000 $10,000 $0 KEARNY 2,249 2,285 $10,000 $10,000 $0 KINGMAN 25,860 28,823 $125,729 $113,071 $12,658 LAKE HAVASU CITY 53,435 55,429 $241,788 $217,445 $24,343 LITCHFIELD PARK 4,528 5,093 $22,216 $19,980 $2,237 MAMMOTH 1,762 1,789 $10,000 $10,000 $0 MARANA 26,725 33,744 $147,195 $132,376 $14,819 MARICOPA 15,934 37,252 $162,497 $146,138 $16,360 MESA 448,096 459,682 $2,005,185 $1,803,308 $201.878 MIAMI 1,955 1,891 $10,000 $10,000 $0 Regular Council Meeting -December 15, 2009 -Page 156 of 158 2009 4th Special Session Reductions to LTAF and VLT 2005 2008 Loss for TPT/HURF DES Current Reduced Current CITYITOWN POP. POP LTAF LTAF Fiscal Year NOGALES 21,830 21,709 $94,697 $85,163 $9,534 ORO VALLEY 39,400 43,223 $188,544 $169,561 $18,982 PAGE 7,110 7,374 $32,166 $28,928 $3,238 PARADISE VALLEY 13,863 14,444 $63,006 $56,663 $6,343 PARKER 3,280 3,385 $14,766 $13,279 $1,487 PATAGONIA 920 934 $10,000 $10,000 $0 PAYSON 15,430 16,965 $74,003 $66,553 $7,450 PEORIA 138,143 155,560 $678,570 $610,253 $68,317 PHOENIX 1,475,834 1,561,485 $6,811,376 $6,125,621 $685,755 PIMA 2,182 2,399 $10,465 $10,000 $465 PINETOP-LAKESIDE 4,165 4,765 $20,785 $18,693 $2,093 PRESCOTT 40,770 43,280 $188,792 $169,785 $19,007 PRESCOTT VALLEY 33,575 38,962 $169,957 $152,846 $17,111 QUARTZSITE 3,600 3,692 $16,105 $14,484 $1,621 QUEEN CREEK 16,414 23,827 $103,936 $93,472 $10,464 SAFFORD 9,360 9,982 $43,543 $39,159 $4,384 SAHUARITA 13,990 23,190 $101,157 $90,973 $10,184 ST. JOHNS 3,865 4,006 $17,475 $15,715 $1,759 SAN LUIS 22,930 26,705 $116,490 $104,762 $11,728 SCOTTSDALE 234,752 242,337 $1,057,102 $950,675 $106,427 SEDONA 10,935 11,372 $49,606 $44,612 $4,994 :SHOW LOW 9,885 12,315 $53,719 $48,311 $5,408 SIERRA VISTA 43,690 45,908 $200,256 $180,095 $20,161 SNOWFLAKE 4,935 5,565 $24,275 $21,831 $2,444 SOMERTON 9,750 11,377 $49,628 $44,631 $4,996 SOUTH TUCSON 5,630 5,800 $25,300 $22,753 $2,547 SPRINGERVILLE 2,065 2,194 $10;000 $10,000 $0 STAR VALLEY 2,006 2,164 $10,000 $10,000 $0 SUPERIOR 3,254 3,375 $14,722 $13,240 $1,482 SURPRISE 88,265 108,761 $474,428 $426,664 $47,764 TAYLOR 4,100 4,453 $19,424 $17,469 $1,956 TEMPE 165,796 172,641 $753,080 $677,261 $75,818 THATCHER 4,550 5,499 $23,987 $21,572 $2,415 TOLLESON 6,498 6,833 $29,806 $26,805 $3,001 TOMBSTONE 1,610 1,709 $10,000 $10,000 $0 TUCSON 529,770 543,959 $2,372,811 $2,133,922 $238,890 WELLTON 1,970 2,318 $10,111 $10,000 $111 WICKENBURG 6,077 6,442 $28,101 $25,272 $2,829 WILLCOX 3,885 3,904 $17,030 $15,315 $1,715 WILLIAMS 3,145 3,165 $13,806 $12,416 $1,390 WINKELMAN 443 427 $10,000 $10,000 $0 WINSLOW 9,835 10,194 $44,467 $39,991 $4,477 YOUNGTOWN 6,163 6,522 $28,450 $25,585 $2,864 YUMA 89,306 93,719 $408,813 $367,655 $41,158 :TOTALS 4,864,696 5,260,965 $23,000,000 $20,700,000 $2,300,000 Regular Council Meeting -December 15, 2009 -Page 157 of 158 League of Arizona Cities and Towns -Legislative Bulletin ~~~~~~ ~ e~~'s I stiZ ~ ~uttin - Capitol Press Conference on League Lawsu i t At a press conference held Tuesday the Governor, House beaker, Senate President and Senator Ptassell Pearce attacked the League for filing a lawsuit challenging some provisicnsof HB2008. The press event focused almost entirely on the issue of illegal immigration, with the assertion that the end result will be that those in the country illegally will be able to receive public benefits. Using quite strong language, they also said that the League had agreed to the provisions included in HB2008, did not testify against them, and is now filing a lawsuit opposing them. In fact,. the League and other city lobbyists strongly opposed similar language in immigration-related bills during the regular session, but they reappeared as part of a strike- everything amendment in the Senate Appropriations Committee during the Third ~ecial Session. The League lawsuit was prompted by the private right of action provison and exposure of our employees to new criminal sanctions. It also challenges certain sections as failing to adhere to the Constitutional requirement that bills must contain only one subject and that these topics were outside the mope of the Governor's call of the ~ecial ~sson. The Arizona Supreme Court is scheduled to act on December 1 on our request to stay certain sectionsof the bill. Legisrative Bulletin ispublished by the League of Arizona Qtiesand Towns. Forward your comments or suggestionsto league a~zleague.org. Regular Council Meeting -December 15, 2009 -Page 158 of 158