HomeMy WebLinkAbout12/06/2005 Blue Sheet Gladden Farms Multi-Block Rezoning
TOWN COUNCIL
MEETING
INFORMATION
TOWN OF MARANA
MEETING DATE:
December 6, 2005
AGENDA ITEM:
J. 1
TO: MAYOR AND COUNCIL
FROM: Barbara C. Berlin, AICP, Planning Director
SUBJECT: PUBLIC HEARING. Ordinance No. 2005.26: Relating to
Development; approving and authorizing a multi-block rezoning
for Gladden Farms.
DISCUSSION
Historv
The Marana Town Council adopted Resolution No. 2004-24 on February 17, 2004, approving and
authorizing the execution of the first amendment to the Gladden Farms Development Agreement. Article
3 of this agreement states that the Town would process various block rezonings within the Gladden Farms
area. A copy of the first amendment to the Gladden Farms Development Agreement is included in this
packet.
This project was presented to the Planning Commission on November 2, 2005, and they recommended
unanimous approval.
Rezonine Reauest
Gladden Farms and GMCA are requesting a change in the zoning designations for seven blocks, which
are part of the Gladden Farms Block Plat recorded at Book 55 Page 60.
The rezoning for Blocks 7 and 13 are specifically called out in Article 3.2 of the first amendment to the
development agreement. The development agreement states that the Town will process a request to
rezone Gladden Farms Blocks 7 and 13 from R-16 to R-8, with the conditions that construction shall be
limited to single-story homes and that the west 100 feet of Block 7 shall be a landscape buffer. Both of
the conditions will be incorporated into the preliminary and final plats for the Blocks 7 and 13. Blocks 7
and 13 also include 2.4 acres of land that is part of an exchange with Gladden Forrest. The Town will
receive 2.4 acres within Blocks 7 and 13 in exchange for 2.4 acres of Block A, which will be rezoned
from R-144 to R-8 and used in the residential platting of Block 25. The 1.4 acres of the 2.4 acres given to
the Town within Blocks 7 and 13 will be rezoned to R-8, while the remaining one acre parcel ofland on
the comer of Heritage Park and Tangerine Road will remain vc. The Town will use this comer parcel
for entry monumentation for the Heritage Park.
The rezoning of the additional blocks is discussed in Article 3.3 of the amended development agreement
and states that staff will process other minor zoning changes to revise R-6, R-7 and R-8 parcel locations
to maintain consistency of product and provide reasonable neighborhood layout.
Block 20 was platted and approved by the Town Council with a minimum lot size of 8,000 square feet.
Gladden Forest requests that the zoning be officially changed from R-7 to R-8 to correspond with the
recorded fmal plat.
Gladden Forest requests that Block 22 be rezoned from R-7 to R-6. This would allow the minimum lot
size to be 6,000 square feet; however, the first draft of the preliminary plat indicates that the average lot
size for this subdivision will still be above 7,000 square feet.
120605 PCZ-04078 Gladden Farms Multi-Block Rezone TC
Additional land was needed within Block 16 in order to achieve a desired subdivision layout. Therefore,
Gladden is requesting that 1.5 acres of the Block E open space paseo adjacent to Block 16 be changed
from R-144 zoning to R-7.
The final change requested is for seven acres of Block 24. Gladden Forest requests that the eastern
portion of Block 24 adjacent to Block 23 be rezoned from R-6 to Village Commercial. This will increase
the size of the comer commercial piece that is planned for a Fry's grocery store and other retail space.
Below is a list of all affected blocks with the current zoning and the proposed zoning change as requested
by Gladden Farms.
Block 7 and Block 13
A Portion of Block E
Block 20
Block 22
A Portion of Block 24
A Portion of Block A
Current Zoning
R-16
R-144
R-7
R-7
R-6
R-144
Proposed Zoning
R-8
R-7
R-8
R-6
VC
R-8
Acreage
29
1.5
19
19
7
2.4
N eil!hborhood Meetinl!
Rick Engineering and Gladden Forest held a neighborhood meeting at Estes elementary on Monday,
October 25, 2005. Approximately 18 people from Honea Heights and the built Gladden subdivisions
attended the meeting. Dean Wingert from Gladden Forest informed staff that the meeting went well, and
the neighbors in attendance were supportive of the changes that were being proposed.
The public hearing for this case was properly advertised and the required surrounding property owners
were notified. As of the date of this report, no public comments have been received.
ATTACHMENTS
Site analysis and location map.
RECOMMENDATION
Staff recommends conditional approval of the Gladden Farms multi-block rezoning. Staff has reviewed
the application for compliance with the Marana Land Development Code, the Northwest Marana Area
Plan and the Marana General Plan. This rezoning is in conformance with all required development
regulations.
RECOMMENDED CONDITION OF APPROVAL
1. Compliance with all provisions of the town's Codes, Ordinances, and policies at the time of any
subsequent development.
SUGGESTED MOTION
I move to approve Ordinance No. 2005.26.
-2-
120605 PCZ-04078 Gladden Farms Multi-Block Rezone TC
MARANA ORDINANCE NO. 2005.26
RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A MULTI-BLOCK
REZONING FOR GLADDEN FARMS.
WHEREAS, Rick Engineering represents the property owners of multiple blocks within the
Gladden Farms Development with a combined land area of approximately 80 acres located east of
the Honea Heights development, south of Moore Road and north ofthe Santa Cruz River within a
portion of Sections 33 and 34, Township 11 South, Range 11 East, as described on Exhibit "A",
attached hereto and incorporated herein by this reference; and,
WHEREAS, the Marana Planning Commission held a public hearing on November 2,2005,
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 ofthe owner, staff and
members of the public at the regular Town Council meeting held December 6, 2005, and has
determined that the rezoning should be approved;
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council ofthe Town of Maran a,
Arizona, as follows:
Section 1. The rezoning of approximately 80 acres ofland as described below is located east of the
Honea Heights development, south of Moore Road and north of the Santa Cruz River complies with
the General Plan.
Block 7 and Block 13
A Portion of Block E
Block 20
Block 22
A Portion of Block 24
A Portion of Block A
Current Zoning
R-16
R-144
R-7
R-7
R-6
R-144
Proposed Zoning
R-8
R-7
R-8
R-6
VC
R-8
Acreage
29
1.5
19
19
7
2.4
Section 2. The intent of the rezoning is to allow the use of the rezoned area for single family
detached homes and village commercial development. This rezoning is subject to the following
condition, 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 ofthe town's Codes, Ordinances, and policies at the time of
Marana Ordinance No. 2005.26
Page 1 of2
any subsequent development.
Section 3. 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 ofthe effective date of Ordinance No. 2005.26.
Section 4. 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 Maran a, Arizona, this
6th day of December, 2005.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Marana Ordinance No. 2005.26
Page 2 of2
Exhibit A
LEGAL DESCRIPTIONS
For
Gladden Farms Multi-Block Rezoning
PCZ-04078
RICK
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ENGINEERING COMPANY
LEGAL DESCRIPTION
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BLOCK 7 OF GLADDEN FARMS BLOCKS 1 THRU 25 AND A THRU F, A
SUBDIVISION OF PIMA COUNTY, ARIZONA, RECORDED IN BOOK 55 OF MAPS AND
PLATS AT PAGE 60, RECORDS OF THE PIMA COUNTY RECORDER, ARIZONA
TOGETHER WITH BLOCK 13 OF GLADDEN FARMS BLOCKS 13, 14, 15, A
SUBDIVISION OF PIMA COUNTY, ARIZONA, RECORDED IN BOOK 59 OF MAPS AND
PLATS AT PAGE 31, SAID RECORDS OF THE PIMA COUNTY RECORDER, EXCEPT THAT
PORTION OF SAID BLOCK 13 LYING EASTERLY OF THE FOLLOWING DESCRIBED
LINE:
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID BLOCK 13;
THENCE NORTH 0030'16" WEST 191.08 FEET UPON THE SOUTH LINE OF SAID
BLOCK 13 AND UPON A LINE 30.00 FEET EASTERLY OF AND PARALLEL WITH THE
WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 34 OF TOWNSHIP 11 SOUTH,
RANGE 11 EAST OF THE GILA AND SALT RIVER MERIDIAN TO AN ANGLE POINT IN
THE SOUTH LINE OF SAID BLOCK 13;
THENCE, DEPARTING SAID SOUTH LINE, NORTH 7005120" EAST 240.11 FEET
TO THE POINT OF TERMINUS ON THE SOUTH RIGHT OF WAY LINE OF TANGERINE
FARMS ROAD AS SHOWN ON THE PLATS OF SAID GLADDEN FARMS BLOCKS 13,
14, 15.
TOTAL AREA CONTAINING 29.798 ACRES, MORE OR LESS.
\ \S/V _tucl \Projdat2\GLADDEN\330S\legals\330SLGOS_BLK7BLK13 .DOC
PAGE 1 OF2
1745 East River Road. Suite 101 . Tucson o. Arizona. 85718 . (520) 795-1000 . Fax: (520) 322-6956 . www.rickengineering.com
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30-NOV-2005
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LEGAL DESCRIPTION
ALL OF BLOCK 20 OF GLADDEN FARMS BLOCKS 1 THRU 25 AND A THRU F, A
SUBDIVISION OF PIMA COUNTY, ARIZONA, RECORDED IN BOOK 55 OF MAPS AND
PLATS AT PAGE 60, RECORDS OF THE PIMA COUNTY RECORDER, ARIZONA.
CONTAINING 18.650 ACRES, MORE OR LESS.
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PAGE 1 OF 2
1745 East Rivcr Road . Suite] 0 1 . Tucson . Arizona . 85718 . (520) 795-1000 . Fax (520) 322-6956 . www.rickcngincering.coll1
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LEGAL DESCRIPTION
ALL OF BLOCK 22 OF GLADDEN FARMS BLOCKS 1 THRU 25 AND A THRU F, A
SUBDIVISION OF PIMA COUNTY, ARIZONA, RECORDED IN BOOK 55 OF MAPS AND
PLATS AT PAGE 60, RECORDS OF THE PIMA COUNTY RECORDER, ARIZONA.
CONTAINING 18.650 ACRES, MORE OR LESS.
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PAGE 1 OF2
1745 East River Road . Suite 101 . Tucson . Arizona . 85718 . (520) 795-1000 . Fax: (520) 322-6956 . www.rickengineering.com
GLADDEN FARMs BLOcKS
J 1HRU 25 AND A 1HRU F
BOOK 55 MAPS & PLA1S
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TUCSON, AZ 85718
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ENGINEERING COMPANY (FAX) 520.322.6956
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PAGE 2 OF 2
18-NOV-2005
RICK
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ENGINEERING COMPANY
LEGAL DESCRIPTION
A PORTION OF BLOCK 24 OF GLADDEN FARMS BLOCKS 1 THRU 25 AND A
THRU F, A SUBDIVISION OF PIMA COUNTY, ARIZONA, RECORDED IN BOOK 55 OF
MAPS AND PLATS AT PAGE 60, RECORDS OF THE PIMA COUNTY RECORDER,
ARIZONA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID BLOCK 24, ON THE
NORTHERLY RIGHT OF WAY LINE OF TANGERINE FARMS ROAD, AS SHOWN ON
THE PLAT OF SAID GLADDEN FARMS;
THENCE NORTH 37034'08" EAST 887.23 FEET UPON THE WEST LINE OF SAID
BLOCK 24 TO THE NORTHWEST CORNER OF SAID BLOCK 24;
THENCE SOUTH 62051'29" EAST 53.31 FEET UPON THE NORTH LINE OF SAID
BLOCK 24;
THENCE SOUTH 9046'30" WEST 961.32 FEET TO THE SOUTHERLY LINE OF
SAID BLOCK 24 ON SAID NORTHERLY RIGHT OF WAY LINE OF TANGERINE FARMS
ROAD;
THENCE NORTH 58000'22" WEST 366.61 FEET UPON SAID SOUTHERLY LINE TO
A TANGENT CURVE CONCAVE NORTHEASTERLY;
THENCE NORTHWESTERLY, UPON SAID SOUTHERLY LINE, UPON THE ARC OF
SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3875.00 FEET AND A CENTRAL
ANGLE OF 2000'52", FOR AN ARC DISTANCE OF 136.25 FEET TO THE POINT OF
BEGINNING.
CONTAINING 247,058 SQUARE FEET OR 5.672 ACRES, MORE OR LESS.
G: \GLADDEN\330S\legals\330SLG08_PORTION BLK24. DOC
PAGE 1 OF 2
1745 East River Road. Suite 101 . Tucson. Arizona. 85718 . (520) 795-1000 . Fax: (520) 322-6956 . www.rickenginecring.com
GLADDEN FARMs BLOCKS
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PAGE 2 OF 2
18-NOV-2005
RICK
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ENGINEERING COMPANY
LEGAL DESCRIPTION
THAT PORTION OF BLOCK A OF GLADDEN FARMS BLOCKS 1 THRU 2S AND A
THRU F, A SUBDIVISION OF PIMA COUNTY, ARIZONA, RECORDED IN BOOK 55 OF
MAPS AND PLATS AT PAGE 60, RECORDS OF THE PIMA COUNTY RECORDER,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF SAID BLOCK A;
THENCE SOUTH 89022'30" WEST 1047.73 FEET UPON THE SOUTH LINE OF THE
EASTERLY PORTION OF SAID BLOCK A;
THENCE NORTH 68024'26" WEST 303.73 FEET TO A POINT OF CUSP ON THE
NORTH LINE OF SAID EASTERLY PORTION OF BLOCK A, SAID NORTH LINE BEING
THE ARC OF A TANGENT CURVE CONCAVE NORTHERLY, THE RADIUS POINT OF SAID
CURVE BEARS NORTH 21035'34" EAST;
THENCE EASTERLY UPON SAID NORTH LINE AND UPON SAID ARC, TO THE
LEFT, HAVING A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 22013'04", FOR
AN ARC DISTANCE OF 77.56 FEET TO A TANGENT LINE;
THENCE NORTH 89022'30" EAST 1045.82 FEET UPON SAID NORTH LINE TO
THE EAST LINE OF SAID BLOCK A, BEING ALSO THE SOUTHWEST RIGHT OF WAY
LINE OF TANGERINE FARMS ROAD AS SHOWN ON THE PLAT OF SAID GLADDEN
FARMS, SAID LINE BEING THE ARC OF A NON-TANGENT CURVE CONCAVE
NORTHEASTERLY, THE RADIUS POINT OF SAID CURVE BEARS NORTH 28032'19"
EAST;
THENCE SOUTHEASTERLY UPON SAID EAST LINE, UPON SAID RIGHT OF WAY
LINE AND UPON SAID ARC, TO THE LEFT, HAVING A RADIUS OF 1925.00 FEET AND A
CENTRAL ANGLE OF 6051'33", FOR AN ARC DISTANCE OF 230.45 FEET TO THE POINT
OF BEGINNING.
CONTAINING 106,210 SQUARE FEET OR 2.438 ACRES, MORE OR LESS.
G: \GLADDEN\3305\LEGALS\3305LG02_SW APEAST.DOC
PAGE 1 OF 2
1745 East River Road. Suite 101 . Tucson. Arizona. 85718 . (520) 795-1000 . Fax: (520) 322-6956 . www.rickengineering.com
@ 2005 Rick Engineering Company
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LEGAL DESCRIPTION
A PORTION OF BLOCK E OF GLADDEN FARMS BLOCKS 1 THRU 2S AND A
THRU F, A SUBDIVISION OF PIMA COUNTY, ARIZONA, RECORDED IN BOOK 55 OF
MAPS AND PLATS AT PAGE 60/ RECORDS OF THE PIMA COUNTY RECORDER,
ARIZONA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID BLOCK E ON THE NORTH
RIGHT OF WAY LINE OF TANGERINE ROAD, AS SHOWN ON SAID PLAT OF GLADDEN
FARMS, ON THE ARC OF A CURVE CONCAVE WESTERLY, THE RADIUS POINT OF SAID
CURVE BEARS NORTH 60011'40" WEST;
THENCE NORTHERLY UPON THE WESTERLY LINE OF SAID BLOCK E, AND
UPON THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1380.00 FEET
AND A CENTRAL ANGLE OF 34010'50"/ FOR AN ARC DISTANCE OF 823.26 FEET TO A
POINT OF REVERSE CURVATURE CONCAVE EASTERLY;
THENCE NORTHERLY UPON THE WESTERLY LINE OF SAID BLOCK E, UPON
THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 480.00 FEET AND A
CENTRAL ANGLE OF 8014'00"/ FOR AN ARC DISTANCE OF 68.98 FEET TO A NON-
TANGENT LINE;
THENCE SOUTH 29039111" EAST 32.27 FEET;
THENCE SOUTH 22014'09" EAST 84.29 FEET;
THENCE SOUTH 11030'19" EAST 65.29 FEET;
THENCE SOUTH 2051'54" EAST 89.06 FEET;
THENCE SOUTH 5046'30" WEST 65.29 FEET;
THENCE SOUTH 16030'20" WEST 84.29 FEET;
THENCE SOUTH 27014110" WEST 84.29 FEET;
THENCE SOUTH 16016'45" WEST 58.30 FEET;
THENCE SOUTH 32029'25" EAST 76.63 FEET;
THENCE SOUTH 24047'57" EAST 54.32 FEET;
THENCE SOUTH 5015'08" EAST 54.32 FEET;
THENCE SOUTH 14017'41" WEST 54.32 FEET;
THENCE SOUTH 33050'30" WEST 54.32 FEET;
THENCE SOUTH 53018'46" WEST 54.33 FEET;
THENCE SOUTH 64053'24" WEST 127.60 FEET TO THE SOUTHERLY LINE OF
SAID BLOCK E ON THE NORTHERLY RIGHT OF WAY LINE OF TANGERINE FARMS
ROAD; ~t~ LAND s,
THENCE NORTH 40059'00" WEST 37.00 FEET, UPON @~("J \~\CAr~ V1>~
SAID RIGHT OF WAY LINE TO THE POINT OF BEGINNING. ~ W t;; ~
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CONTAINING 63/605 SQUARE FEET OR 1.460 ACRES, MORE OR
LESS.
G: \GLADDEN\330S\legals\330SLG06_PORTION BLKE. DOC
PAGE 1 OF2
1745 East River Road. Suite 101 . Tucson. Arizona. 85718 . (520) 795-1000 . Fax: (520) 322-6956 . www.rickengineering.com
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BOOK 55 MAPS a PLATS
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1745 EAST RIVER ROAD - SUITE 101
TUCSON, AZ 85718
520.795.1000
ENGINEERING COMPANY (FAX) 520.322.6956
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PAGE 2 OF 2
16-NOV-2005
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MARANA
~/ 1"
TOWN OF MARANA
Gladden Farms
Multi-Block
Rezone
CASE NO. PCZ-04078
700 0 700 1400 Feet
I I A
Data Disclaimer t-'
The Town otMar.na provides till, map Information "AII~" at the requut of
the user with u,. underst;indlng that It 15 not guaranteed to be accurate.
conecr or complete and conclusion, dr_n from !Such information are the
responsibility of the ua.r.
In no event ,h,11 The Town afMarana beeam.llable to usera of these data,
or any other party, tor any loss. or direct. indirect. special. Inddental or
con..equ.ntlal damages. including but not limited to lime. money or
goodwill. arlemg from the un Of modification of the data.
REQUEST
, Request to change the zoning on all or a portion of
Blocks 7,13,20,22,24, A and E of the Gladden Farms
Block Plat, located west of the Postvale alignment
and north of the Santa Cruz River.
MARANA RESOLUTION NO. 2004-24
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA, APPROVING AND AUTHORIZING TIffi EXECUTION AND DELIVERY OF A
FIRST AMENDMENT TO GLADDEN FARMS DEVELOPMENT AGREEMENT WITH
GLADDEN FOREST, L.L.C. AND DECLARING AN EMERGENCY.
WHEREAS, the Town of Marana is authorized to ~nter into development agreements
pursuant to A.R.S. ~ 9-500.05; and
WHEREAS, the Mayor and Council of the Town of Marana find that entering into the
First Amendment to "Gladden Farms Development Agreement with Gladden Forest, L.L.C.,
concerning the Gladden Farms development project will promote the public health, safety and
welfare by facilitating orderly development that pays its fair share of costs toward public services
needed to serve the development.
NOW, THEREFORE, BE IT RESOL YED by the Mayor and Council of the Town of
Marana, Arizona, approving and authorizing the Mayor to execute the First Amendment to
Gladden Farms Development Agreement with Gladden Forest, L.L.C., concerning the Gladden
Farms development project in the form attached as Exhibit A to this Resolution, and authorizing
the Town Manager and Town staff to undertake all other tasks required to carry out the terms,
obligations and objectives of the development agreement.
IT IS FURTHER RESOLVED that it is necessary for the preservation of the peace,
health, and safety of the Town of Marana that this resolution become immediately effective;
therefore, an emergency ~s 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 17th day of February, 2004.
ATIEST:
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Mayor . UITON, JR.
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Exhibit A
FIRST AMENDMENT TO
GLADDEN FARMS DEVELOPMENT AGREEMENT
THIs DEVELOPMENT AGREEMENT ("this Agreement") is made by and between the TOWN OF
MARANA, an Arizona municipal corporation (the "Town"), and GLADDEN FOREST, L.L.C., an
Arizona limited liability company ("Developer"). The Town and the Developer are collectively
referred to in this Agreement as the "Parties" and are sometimes individually referred to as the
"Party."
RECITALS
A. The Developer owns the development project commonly known and referred to in this
Agreement as "Gladden Farms," which is the land that is the subject of the document entitled
"DEVELOPMENT AGREEMENT BETWEEN TOWN OF MARANA, ARIzONA, FlDELI1Y NATIONAL TITLE
AGENCY, INc. AND GLADDEN FARMS, L.L.C." recorded in the Pima County RecOrder's office at
Docket 11738, Page 1900 (the "Original Agreement").
B. Developer is the successor in interest to GLADDEN FARMS, L.L.C., a Nevada limited
liability company, the Developer under the Original Agreement.
C. The proposed development of Gladden Farms is depicted on a final block subdivision plat
entitled "Gladden Farms Blocks I thru 25 and A thrn F," as recorded in the Pima County
Recorder's office at Book 55, Page 60 of Maps and Plats (the "Gladden Farms Block Plat"). In
this Agreement, the term "Gladden Farms Block" followed by a number refers to the
corresponding numbered block as shown on the Gladden Farms Block PIal
D. The Gladden Farms Block Plat dedicated approximately fifty acres to the Town for
Tangerine Farms Road right-of-way.
E. The Town has acquired all improvements and has received an assignment of lease for
certain Arizona State Land Department lands located adjacent to Gladden Farms Blocks 13
and 14, where the Town plans to develop a regional park and museum referred to in this
Agreement as the "Heritage Paik."
F. The Town is scheduled to consider the formation of a community facilities district
encompassing Gladden Farms, to finance the construction and/or acquisition of public
infrastructure within and benefiting Gladden Farms. This community facilities district is referred
to in this Agreement as the "CFD."
G. The Parties desire to amend the Original Agreement to clarify and modify its provisions
and to resolve additional issues and concerns relating to the development of Gladden Farms.
H. The Developer and the Town desire that Gladden Farms be developed in a manner
consistent with the Original Agreement, as amplified, clarified, modified and supplemented by
this Agreement.
1. The Town and the Developer acknowledge that the development of the Property pursuant
to this Agreement will result in planning and economic benefits to the Town and its residents.
"
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FIRST AMENDMENT TO GLADDEN FARMS DEVELOPMENT AGREEMENT
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J. The Developer has made and by this Agreement will continue to make a substantial
commitment of resources for public and private improvements on the Property.
K.. The Parties understand and acknowledge that this Agreement is a "Development
Agreement" within the meaning of, and entered into pursuant to the terms of, AR.s. ~ 9-500.05.
L. This Agreement is consistent with the portions of the Town's General Plan applicable to
the Property.
AGREEMENT
Now, THEREFORE, in consideration of the foregoing premises and the mutual promises and
agreements set forth in this Agreement, the Parties hereby agree as follows:
Article 1. Heritage Park and Gladden Farms Regional Park
1.1. Gladden Farms Drive. Not later than December 31, 2004, the Developer shall complete
the full construction of Gladden Farms Drive as depicted on the Gladden Farms Block Plat.
1.2. Heritaee Park Road. Not later than December 31, 2004, the Developer shall, at no cost to
the Town:
1.2.1. Dedicate a sixty-foot wide public right-of-way for "Heritage Park Road,"
extending from the intersection of Tangerine Farms Road and Gladden Farms Drive
southward to a point to be agreed upon by the Parties at about the middle of the western
boundary of Gladden Farms Block 14, the total right-of-way consisting of approximately one
acre of commercially-zoned Gladden Farms Block 14.
1.2.2. Construct Heritage Park Road within the right-of-way described in paragraph 1.2.1
above as a 32-foot wide, two-lane roadway, with appropriate turning lanes.
1.3. Utilities. Not later than December 31, 2004, the Developer shall extend public water
main and sewer services, and provide an open trench for "dry" utilities, to a point to be agreed
upon by the Parties at about the middle of the western boundary of Gladden Farms Block 14.
1.4. Heritaee Park Road Extension. The Developer shall construct an additional segment of
Heritage Park Road from its southern terminus as constructed pursuant to paragraph 1.2.2 above
to the park to be constructed by the Developer pursuant to paragraph 2.5.1 of the Original
Agreement, which is referred to in this Agreement as "Gladden Farms Regional Park" and will
be located in the land area between Gladden Farms Blocks 15 and 25 and south of Gladden
Farms Block 15. This extension of Heritage Park Road shall be on property owned or leased by
the Town adjacent to the western and southern boundary of Gladden Farms Block 14 and
adjacent to the southern boundary of Gladden Farms Block 15, and may serve as both a park
access road and for access to Gladden Farms Blocks 14 and 15. This segment shall be
constructed concurrently with the Developer's construction of the improvements to Gladden
Farms Regional Park.
1.5. No Additional Developer Contributions to the Heritage Park. Except to the extent set
forth in this Article 1, the Developer shall not be required to contribute cash, impact fees, land,
design work, or construction improvements for the Heritage Park and its facilities. .
1.6. Gladden Farms Regional Park Construction. Paragraph 2.5.1.1 of the Original
Agreement is hereby revised to require the Developer to begin construction of the Gladden
Farms Regional Park improvements not later than the issuance of the building permit for the
600lh home in Gladden Farms and to complete the construction within twelve months thereafter.
FIRST AMENDMENT TO GLADDEN FARMS DEVELOPMENT AGREEMENT 2/9/20045:23 PM
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1.7. Initial Access to Gladden Farms Reeional Park. The last sentence of paragraph 2.4.3 of
the Original Agreement, establishing a construction deadline for the second phase of Lon Adams
Road, is hereby deleted. Access to Gladden Farms Regional Park may be initially provided by
the Heritage Park Road extension constructed pursuant to paragraph 1.4 above.
Article 2. Construction of Tangerine Farms Road
2.1. Imtm>vement District. As provided in paragraph 2.4.1 of the Original Agreement, the
Town will move forward and use its best efforts to form a municipal improvement district ("ID")
with all affected landowners for the construction of Tangerine Farms Road from the 1-10
interchange to Moore Road. The ID will finance the construction of the roadway as a four-lane
facility within Gladden Farms and as either a four-lane or two-lane facility east of Gladden
Farms. The Developer will support the formation of the ID and accept an assessment based on
the benefit received by the land it owns within the ID.
2.2. No ImDrovement District. If by January 1,2006 the Town has been unable to form the
ID and issue bonds through it for the improvements described in paragraph 2.1 above:
2.2.1. The Developer shall construct the portion of Tangerine Farms Road located within
Gladden Farms in phases in conjunction with the overall project phasing as a lour-lane
divided roadway.
2.22. The Developer shall, to the extent reasonably possible, acquire all necessary right-
of-way for and construct a "least possible cost" "temporary" paved Tangerine Farms Road
extension from the east boundary of Gladden Farms to the existing western Tangerine Road
terminus.
2.2.3. If the Developer is unable to acquire any of the right-of-way referred to in
paragraph 2.2.2 above by negotiation, the Town shall consider condemning the necessary
right-of-way. If the Town decides in its legislative discretion not to Condemn the right-of-
way, the Developer's obligations under paragraph 2.2.2 above shall terminate. If the Town
condemns the right-of-way, the Developer shall reimburse the Town all costs of the
condemnation and shall pay the judgment.
2.2.4. The Developer's cumulative obligations under paragraphs 2.2.2 and 2.2.3 above
shall not exceed $1,000,000; provided, however, that Developer shall have no such
obligations unless and until the occurrence of both of the following:
2.2.4.1. The CFD has sold a cumulative total of $3,000,000 in bonds.
2.2.4.2. The Town has adopted a transportation development impact fee to fund major
arterial roadways in northwest Marana, and has included the cost to acquire and/or
construct the ultimate four-lane divided Tangerine Farms Road between Gladden Farms
and the existing western Tangerine Road terminus in the improvements to be funded with
the development impact fee.
2.2.5. To the extent Developer in the performance of its obligations under
paragraph 2.2.2 above either acquires right-of-way or constructs roadway that is consistent
with and useable as part of the ultimate four-lane divided Tangerine Farms Road funded with
the Town's transportation development impact fee (see paragraph 2.2.4.2 above), the
Developer shall be reimbursed out of the transportation development impact fees. At least
twenty-five percent of the northwest Marana transportation development impact fees
FIRST AMENDMENT TO GLADDEN FARMS DEVEWPMENT AGREEMENT
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collected by the Town shall be allocated to this reimbursement until the Developer has been
reimbursed the full amount payable under this paragraph 2.2.5.
2.2.6. Paragraph 2.4.1 of the Original Agreement is superseded in its entirety by
paragraph 2.2 of this Agreement.
* Article 3. Land Use and Block Plat Revisions
3.1. Cumulative Limitations on Number of Homes. A cumulative total of no more than 1850
homes shall be constructed in all of Gladden Farms, and a cumulative total of no more than 243
homes shall be constructed in Gladden Farms Blocks 7, 13, 14, 15 and 25. The word "homes"
means single family and multi-family homes and apartment units for purposes of this paragraph.
3.2. Rezoning of Gladden Farms Blocks 7 and 13. The Town's Mayor and Council will
consider, and the Town staff will promptly process, a request to rezone Gladden Farms Blocks 7
and 13 from R-16 to R-8, with conditions including that construction shall be limited to single-
story homes and that the west 100 feet of Gladden Farms Block 7 shall.be a landscaped buffer.
3.3. Other Minor Zoning Modifications. The Town's staff shall promptly process other minor
zoning changes to revise R-6, R-7 and R-8 parcel locations to maintain consistency of product
and provide reasonable neighborhood layout.
3.4. Partial Re-Subdivision. The Developer shall submit and, provided it meets all
requirements of the Town's Land Development Code and the Original Agreement as modified
by this Agreement, the Town shall approve a partial re-subdivision of the Block Plat and/or other
appropriate documentation:
3.4.1. Moving the boundary line separating Gladden Farms Blocks 13 and 14 to coincide
with the new right-of-way for the Heritage Park Road created pursuant to paragraph 1.2.1
above.
3.4.2. Eliminating the roadway between Gladden Farms Blocks 14 and 15 and showing it
as abandoned in favor of the Developer pursuant to A.R.S. ~ 28-7203 in exchange for the
right-of-way dedicated pursuant to the Block Plat and paragraph 1.2.1 above.
3.4.3. Eliminating Sandario Road south of Moore Road and showing it as abandoned in
favor of the Developer pursuant to A.R.S. ~ 28-7203 in exchange for the right-of-way
dedicated pursuant to the Block Plat and paragraph 1.2.1 above; provided, however, that
ownership of the right-of-way shall not pass to the Developer until the Developer has
performed its obligations under paragraphs 1.1, 1.2 and 1.3 above.
3.5. Phasing. The Developer shall prepare and the Town shall approve and record appropriate
documentation executed by all owners of land in Gladden Farms deleting general note 17
relating to phasing. Future phasing of the development of Gladden Farms is subject to change
and may be amended upon the approval of the Development Services Administrator.
Article 4. Other Development Issues
4.1. School Sites. The two elementary school sites within Gladden Farms are currently
planned to be lOCated within Gladden Farms Block 9 and upon Gladden Farms Blocks 18 and 20.
Final locations are subject to the approval of the Marana Unified School District and the Town
Development Services Administrator. The Developer shall dedicate a total of 20 acres to the
Marana Unified School District at no cost.
FIRST AMENDMENT TO GLADDEN FARMS DEJ'EWPMENT AGREEMENT
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4.2. Issuance ofPemtits. The Town will not withhold plat reviews or building permits within
Gladden Farms as long as the Developer is performing its obligations under the Original
Agreement as modified by this Agreement. If the Developer defaults in the performance of its
obligations under the Original Agreement as modified by this Agreement, the Town may
withhold reviews and/or building permits from all except Phase One of Gladden Fanns (that is,
Gladden Farms Blocks 3, 4, 5, 6, 10, 11 and 12) until the default is cured. Nothing in this
paragraph shall be interpreted as a limitation of the Parties' remedies under this Agreement.
Article 5. Cooperation and Alternative Dispute Resolution.
5.1. Dispute Resolution Procedures Superseded. Paragraph 4.3 of the Original Agreement is
hereby deleted.
5.2. Default: Remedies. If either Party defaults (the "Defaulting Party") with respect to any
of that Party's obligations under this Agreement, the other party (the ''Non-Defaulting Party")
shall be entitled to give written notice in the manner prescribed in paragraph 6.1 below to the
Defaulting Party, which notice shall state the nature of the default claimed and make demand that
such default be corrected. The Defaulting Party shall then have (i) twenty days from the date of
the notice.within which to correct the default ifit can reasonably be corrected by the payment of
money, or (ii) thirty days from the date of the notice to cure the default if action other than the
payment of money is reasonably required, or if the non-monetary default cannot reasonably be
cured within sixty days, then such longer period as may be reasonably required, provided and so
long as the cure is promptly commenced within sixty days and thereafter diligently prosecuted to
completion. If any default is not cured within the applicable time period set forth in this
paragraph, then the Non-Defaulting Party shall be entitled to begin the mediation and arbitration
proceedings set forth in paragraphs 5.3 and 5.4 below. The Parties agree that due to the size,
nature and scope of the Development, and due to the fact that it may not be practical or possible
to restore the Property to its condition prior to Developer's development and improvement work,
once implementation of this Agreement has begun, money damages and remedies at law will
likely be inadequate and that specific performance will likely be appropriate for the enforcement
of this Agreement. This paragraph shall not limit any other rights, remedies, or causes of action
that either party may have at law or in equity.
5.3. Mediation. If there is a dispute under this Agreement which the Parties cannot resolve
between themselves, the Parties agree that there shall be a forty-five day moratorium on
arbitration during which time the Parties agree to attempt to settle the dispute by nonbinding
mediation before commencement of arbitration. The mediation shall be held under the
commercial mediation rules of the American Arbitration Association. The matter in dispute shall
be submitted to a mediator mutually selected by Developer and the Town. If the Parties cannot
agree upon the selection of a mediator within seven days, then within three days thereafter the
Town and the Developer shall request the presiding judge of the Superior Court in and for the
County of Pima, State of Arizona, to appoint an independent mediator. The mediator selected
shall have at least five years' experience in mediating or arbitrating disputes relating to real
estate development. The cost of any such mediation shall be divided equally between the Town
and the Developer. The results of the mediation shall be nonbinding on the Parties, and any Party
shall be free to initiate arbitration after the moratorium.
5.4. Arbitration. After mediation (paragraph 5.3 above) any dispute, controversy, claim or
cause of action arising out of or relating to this Agreement shall be settled by submission of the
matter by both Parties to binding arbitration in accordance with the rules of the American
FIRST AMENDMENT TO GLADDEN FARMS DEVEWPMENT AGREEMENT
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Arbitration Association and the Arizona Unifonn Arbitration Act, A.R.S. ~ 12-501 et seq., and
judgment upon the award rendered by the arbitrator(s) may be entered in a court having
jurisdiction.
Article 6. General Terms and Conditions.
6.1. Notice. All notices, filings, consents, approvals and other communications provided for
in or given in connection with this Agreement shall be validly given, filed, made, transmitted or
served if in writing and delivered personally or sent by registered or certified United States mail,
postage prepaid, if to (or to such other addresses as either party hereto may from time to time
designate in writing and deliver in a like manner):
To the Town:
Town of Maran a
Town Manager
13251 N. Lon Adams Road
Marana, Arizona 85653
520-682-3401
520-682-9026 (Fax)
To the Developer:
Gladden Forest LLC
333 E. Wetmore Road, Suite 250
Tucson, Arizona 85705
Attn: Dean Wingert, Senior Vice President
520-888-3962
520-888-3198 (Fax)
6.2.:r.mn. This Agreement shall become effective upon its execution by all the Parties and
the effective date of the resolution or action of the Town Council approving this Agreement (the
"Effective Date''). The tenn of this Agreement shall begin on the Effective Date and, unless
sooner terminated by the mutual consent of the Parties, shall automatically tenninate and shall
thereafter be void for all purposes upon termination of the Original Agreement pursuant to
paragraph 7.1 of the Original Agreement. If the Parties determine that a longer period is
necessary for any reason, the term of this Agreement may be extended by written agreement of
the Parties.
6.3. Effect on Original Agreement. Except as expressly modified in this Agreement, the
tenns, provisions and obligations of the Original Agreement shall remain in full force and effect.
6.4. Counte1]>arts. This Agreement may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the same
instrument. The signature pages from one or more counterparts may be removed from such
counterparts and such signature pages all attached to a single instrument so that the signatures of
all Parties may be physically attached to a single document.
6.5. Good Standing; Authoritv. The Developer represents and warrants to the Town that it is
duly formed and validly existing under the laws of the state in which it was formed and is
authorized to do business in the state of Arizona. The Town represents and warrants to the
Developer that it is an Arizona municipal corporation with authority to enter into this Agreement
under applicable state laws. Each Party represents and warrants that the individual executing this
FIRST AMENDMENTro GLADDEN FARMS DEYEWPMENT AGREEMENT 2/9/20045:23 PM
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Agreement on its behalf is authorized and empowered to bind the Party on whose behalf each
such individual is signing.
6.6. Severability. If any provision of this Agreement is declared void or unenforceable, it
shall be severed from the remainder of this Agreement, which shall otherwise remain in full
force and effect. If a law or court order prohibits or excuses the Town from undertaking any
contractual commitment to perform any act under this Agreement, this Agreement shall remain
in full force and effect, but the provision requiring the act shall be deemed to permit the Town to
act at its discretion, and if the Town fails to act, the Developer shall be entitled to terminate this
Agreement.
6.7. Governing Law. This Agreement is entered into in Arizona and shall be construed and
interpreted under the laws of Arizona, and the Parties agree that any litigation or arbitration shall
take place in Pima County, Arizona Nothing in the use of the word "litigation" in the preceding
sentence shall constitute a waiver of paragraph 5.4, requiring disputes to be resolved by binding
arbitration.
6.8. Interpretation. This Agreement has been negotiated by the Town and the Developer, and
no party shall be deemed to have drafted this Agreement for purposes of construing any portion
of this Agreement for or against any party.
6.9. Recordation. The Town shall record this Agreement in its entirety in the office of the
Pima County Recorder no later than ten days after it has been executed by the Town and the
Developer.
6.10. Conflict of Interest. This Agreement is subject to A.R.S. ~ 38-511, which provides for
cancellation of contracts in certain instances involving conflicts of interest.
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FIRST AMENDMENT TO GLADDEN FARMS DEVELOPMENT AGREEMENT
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PAGE7oF8
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The exhibit entitled Gladden Farms Blocks 7, 13, 16,22,20,24,25 and Blocks A and E
(Rancho Santa Cruz Amended Rezoning) is on file and available for viewing from 8:00
a.m. to 5:00 p.m. Monday through Friday excluding holidays, at the office of the Town
Clerk, 11555 W. Civic Center Drive, Marana, AZ 85653.