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HomeMy WebLinkAbout03/16/2010 AMENDED Council Agenda Packet~~ ,_.~., ~~~~~~ ~~~~ Amended on 03/15/2010 at 1:30 PM - REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, March 16, 2010, at or after 7:00 PM Ed Honea, Mayor Herb Kai, Vice Mayor Russell Clanagan, Council Member Patti Comerford, Council Member Carol McGorray, Council Member Jon Post, Council Member Roxanne Ziegler, Council Member ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics. As_a_courtesy to_others~_please turn. off or put in _s_ilent mode. all.pagers and cell phones. Meeting. Times Welcome to this Marana Council meeting. Regular Council meetings are usually held the first and third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may change, or Special Meetings may be called at other times and/or places. Contact Town Hall or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. Speaking at_Meetings If you are interested in speaking to the Council during Call to the Public, Public Hearings, or other agenda items, you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior to the convening of the meeting. All persons attending the Council meeting, whether speaking to the Council or not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. Accessbili~ To better serve the citizens of Marana and others attending our meetings, the Council Chambers are wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such Regular Council Meeting -March 16, 2010 -Page 1 of 212 special services are available upon prior request to the Town Clerk at least 10 working days prior to the Council meeting. Agendas Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online at www.maranacom, 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, March 15, 2010, 7:00 PM, at the Marana Municipal Complex, the Marana Operations Center and at www.marana.com under Town Clerk, Agendas, Minutes and Ordinances. REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE APPROVAL OF AGENDA CALL TO THE PUBLIC At this time any member of the public is allowed to address the Town Council on any issue not already on tonight's agenda. The speaker may have up to three minutes to speak. Any persons wishing to address the Council must complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to the commencement of the meeting. No electronic capability will be provided by the town beyond existing voice amplication and recording (for DVD, CD Rom, USB drives, etc.) 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. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion will approve all items on the Consent agenda, including any resolutions or ordinances. A Council Member may remove any issue from the Consent agenda, and that issue will be discussed and voted upon separately, immediately following the Consent agenda. Regular Council Meeting -March 16, 2010 -Page 2 of 212 C 1: Resolution No. 2010-27 Relating to the Police Department; approving and authorizing the Mayor to execute the first amendment to the intergovernmental agreement between the Town of Marana, Pima County and other participating jurisdictions regarding the Pima Regional Special Weapons and Tactics (S.W.A.T.) Team (Terry Tometich) C 2: Resolution No. 2010-28: Relating to Community Development; authorizing the Town Manager to apply for funding from the Governor's Office of Highway Safety under the Highway Safety Program (23 U.S.C. Section 402) to fund speed detection equipment and the Marana Police Department's participation on the Southern Arizona DUI Taskforce (T VanHook) C 3: _Resolution. No. 2010-29: Relating to Personnel; approving and adopting an amendment to the Town's Personnel Policies and Procedures, revising Chapter 8 - Termination of Employment, Section 8-1-6 "Layoff and Recall" (Suzanne Machain) C 4: _Resolution No. 2010-30: -Relating to Real Property; approving and authorizing a license agreement with Pacheco Farm Management for the continued use of fields which have been partially dedicated to the Town of Marana as rights-of-way within the future development area surrounding Gladden Farms II (Cedric Hay) C 5: Minutes of the March 2, 2010 regular council meeting LIQUOR LICENSES L 1: Relating to Liquor Licenses; recommendation to the state liquor board regarding a Person Transfer and Location Transfer of a Series 6 (Bar) liquor license application submitted by Wayne Lee Hallquist on behalf of Molinitos, located at 3675 W. Ina Road L 2: Relating to Liquor Licenses; recommendation to the state liquor board Added Late regarding the special event liquor license applications submitted by the Arizona ASA - Tucson on behalf of Mike Jacobs Sports Park, 6901 N. Casa Grande Highway for fundraisers to purchase youth team equipment BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A 1: PUBLIC_HEARING: Ordinance No. 2010.05;Relating to Development; approving a rezoning creating the Honea Heights III Specific Plan (Lisa Shafer) ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Legislative/Inter og vernmental Report:- Discussion/Direction/Action regarding all pending state and federal legislation and report on recent meetings of other legislative bodies (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 Regular Council Meeting -March 16, 2010 -Page 3 of 212 agenda. E 2: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning possible acquisition of certain water infrastructure and accounts and water rights and/or resources E 3: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131, (2) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana E 4: Executive Session pursuant to A.R.S. § 38-431.03 (A)(4) and (7) to consider the Town's position and instruct its representatives regarding negotiations for the purchase of property rights needed for the Twin Peaks interchange project, CIP number 2001-44, from a portion of the property generally identified as Pima County Assessor's parcel numbers 221-04-OOSA, 005C, OOSD and OOSF and a portion of the property generally identified as Pima County Assessor's parcel numbers 226-08- 0160, 0170 and 0180 presently owned by TEP and L&C I-10 respectively and to instruct the Town's attorneys in settlement negotiations and condemnation proceedings relating to the same property rights 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 -March 16, 2010 -Page 4 of 212 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, March 16, 2010, 7:00:00 PM To: Mayor and Council Item C 1 From: Terry Tometich ,Chief of Police Strategic Plan Focus Area: Community Building Subject: Resolution No. 2010-27: Relating to the Police Department; approving and authorizing the Mayor to execute the first amendment to the intergovernmental agreement between the Town of Marana, Pima County and other participating jurisdictions regarding the Pima Regional Special Weapons and Tactics (S.W.A.T.) Team Discussion: The Marana Police Department has participated in the Pima Regional Special Weapons and Tactics (S.W.A.T.) Team for many years. Most recently, in Apri12008, the Council approved an IGA that has an initial term of 5 years, through Apri12013. The proposed amendment to the IGA would add a Bomb Squad Element to the Pima Regional S.W.A.T. Team. The Bomb Squad Element will consist of three categories of members: (1) Bomb Technician (2) Investigator and (3) K-9 Handler. The Pima Regional Bomb Squad will act under a Memorandum of Understanding ("MOU") with the Bureau of Alcohol, Tobacco and Firearms ("ATF"). The amendment also includes a new provision regarding termination of the IGA, providing that the Pima Regional S.W.A.T. Team Governing Board may terminate a Participating Jurisdiction's membership on the Team, or any element of the Team, for failure to meet the performance standards set forth in Team or element Standard Operating Procedures or on 30 days written notice with or without cause. Financial Impact: None ATTACHMENTS: Name: Description: Type: D RESO First amendment to IGA re. SWAT Resolution Resaiutian (00019$29j.DOC ^ Amendment #1 to 4-08 Regular Council Meeting -March 16, 2010 -Page 5 of 191 SWAT IGA (00019.828).DOC Exhibit A-Arraendr~ent to 8`6NAT IGA Exhibit Staff Recommendation: Staff recommends approval of the amendment to the IGA. Suggested Motion: I move to adopt Resolution No. 2010-27, approving and authorizing the Mayor to execute the first amendment to the intergovernmental agreement between the Town of Marana, Pima County and other participating jurisdictions regarding the Pima Regional Special Weapons and Tactics (S.W.A.T.) Team. Regular Council Meeting -March 16, 2010 -Page 6 of 191 MARANA RESOLUTION N0.2010-27 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA, PIMA COUNTY AND OTHER PARTICIl'ATING JURISDICTIONS REGARDING THE PIMA REGIONAL SPECIAL WEAPONS AND TACTICS (S.W.A.T.) TEAM WHEREAS the Town of Marana, Pima County and other Participating Jurisdictions are currently parties to an intergovernmental agreement regarding the formation, implementation, deployment, equipping, governance and maintenance of the Pima Regional Special Weapons and Tactics (S.W.A.T.) Team; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of its citizens to enter into an amendment to this intergovernmental agreement to expand the provisions of the intergovernmental agreement to include a Bomb Squad. Element and to include new provisions regarding termination of the agreement and execution of counterparts of the agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION I . The first amendment to the intergovernmental agreement between the Town of Marana, Pima County and other Participating Jurisdictions regarding the Pima Regional Special Weapons and Tactics (S.W.A.T.) Team, attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the intergovernmental agreement and the first amendment to the intergovernmental agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 16~' day of March, 2010. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -March 16, 2010 -Page 7 of 191 {000] 9829.DOC %r PIMA COUNTY SHERIFF'S DEPARTMENT PROJECT: PIMA REGIONAL S.W.A.T TEAM CONTRACTOR: PIMA COUNTY, TOWN OF ORO VALLEY, TOWN OF MARANA, CITY OF SOUTH TUCSON, TOWN OF SAHUARITA, PASCUA YAQUI NATION, TUCSON AIRPORT AUTHORITY CONTRACT NO.: 01-11-0-140770-0408 CONTRACT AMENDMENT NO.: One #01 ORIG. CONTRACT TERM: 04/15/2008 - 04/14/2013 ORIG. CONTRACT AMOUNT: $ 0.00 TERMINATION DATE PRIOR AMENDMENT: 04/14/2013 PRIOR AMENDMENTS: $ 0.00 TERMINATION THIS AMENDMENT: 04/14/2013 AMOUNT THIS AMENDMENT: $ 0.00 REVISED CONTRACT AMOUNT: $ 0.00 CONTRACT AMENDMENT WHEREAS, PIMA COUNTY, a body politic and corporate of the State of Arizona ("County") has entered into an Intergovernmental Agreement ("IGA") for the formation and operation of the Pima Regional Special Weapons and Tactics (SWAT) Team with certain other PARTICIPATING JURISDICTIONS, as such term is defined in the IGA; and WHEREAS, the PARTICIPATING JURISDICTIONS have agreed to expand the provisions of the IGA to include a Bomb Squad Element in the Regional SWAT Team. This element will be referred to as the Pima Regional Bomb Squad, thereby adding Article XX; and WHEREAS, the PARTICIPATING JURISDICTIONS have agreed to add section "F. Termination by Governing Board Action" to Article VI -Termination; and WHEREAS, the PARTICIPATING JURISDICTIONS have agreed to amend Article XIX -Counterparts, to include the IGA and any associated amendments to the IGA. NOW, THEREFORE, it is agreed as follows Add: RECITALS: H. WHEREAS the Participating Jurisdictions desire to restate and expand the provisions of the IGA to include a Bomb Squad Element. Add: ARTICLE XX. Bomb Squad Element Organization and Structure: As the holder of FBI Bomb Squad accreditation #0290, the Pima County SherifF's Department shall be the umbrella agency for the Bomb Squad Element. As members of an accredited bomb squad, the Participating Jurisdictions will adhere to the requirements and standards of the FBI Hazardous Devices School (HDS) and the National Bomb Squad Commander's Advisory Board (NBSCAB). The Bomb Squad Element shall consist of three categories of members: (1) Bomb Technician (includes HDS certified members); (2) Investigator (members not HDS certified); and (3) K-9 Handler. Members may serve a dual role as both Bomb Technician and K-9 Handler. The Regul~~u~l/Prlf~t'p~ -March 16, 2010 -Page 8 of 191 page 1 of 9 "Bomb Squad Commander," as defined by the NBSCAB and FBI HDS, shall be the highest ranking certified member of the Pima County Sheriff's Department. Participating Jurisdictions providing a Bomb Technician shall fund and allow each Bomb Technician to attend the FBI Basic HDS and continuing Recertification Training as required by the FBI. Participating Jurisdictions providing a Bomb Technician shall commit to at least the minimum required FBI Bomb Technician training of 16 hours per month plus an additional 40 hours per year for each Bomb Technician provided. Participating Jurisdictions providing Investigators shall fund and allow each Investigator to attend 120 hours of combined basic FBI and ATF post-blast training and 8 hours per month of continuing training. Participating Jurisdictions providing a K-9 Handler shall fund the upkeep of the K-9, allow the team to attend 16 hours per month continuing training, and assure the team is certified through a nationally recognized standard as approved by the Bomb Squad Commander. This training shall be funded by the member's agency. The Pima Regional Bomb Squad will act under a Memorandum of Understanding ("MOU") with the Bureau of Alcohol, Tobacco and Firearms ("ATF") which may require out of County support of the ATF. Should this occur, overtime costs will be reimbursed by the ATF as provided in the MOU. Upon termination of participation in the Bomb Squad Element, a Participating Jurisdiction shall surrender any Bomb Technician certification(s) obtained while a member of the Regional SWAT Team. This is consistent with FBI rules stating technicians are certified only while active and assigned to a certified bomb squad. Participating Jurisdictions that terminate participation in the Bomb Squad Element agree not to form an independent Bomb Squad using the training or equipment acquired while members of the Regional SWAT Team. Participating Jurisdictions that terminate participation in the Bomb Squad Element agree not to seek independent accreditation through the FBI. Add: ARTICLE VI. TERMINATION: F. Termination by Governing Board Action. The Pima Regional SWAT Team Governing Board may terminate a Participating Jurisdiction's membership on the Team, or any element of the Team, for failure to meet the performance standards set forth in Team or element Standard Operating Procedures. The Governing Board may also, at any time and without cause, terminate a Participating Jurisdiction's membership on the Team or any element of the Team by providing thirty (30) days written notice of intent to terminate. In the event of termination under this Section any Team-related equipment shall be disposed of as provided in Section VI(E). Change: Article XIX. COUNTERPARTS: From: "This IGA may be executed in multiple counterpart form, with each such counterpart constituting a binding original agreement between and among the parties." To: "This IGA and any associated amendments to this IGA, .may be executed in multiple counterpart form, with each such counterpart constituting a binding original agreement between and among the parties." This Amendment shall become effective on the date it is recorded with the Pima County Recorder, following execution by all parties. (THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK) Regul~~u~liP~lf~fp~ -March 16, 2010 -Page 9 of 191 page 2 of 9 All other provisions of the Contract, not specifically changed by this Amendment, shall remain in effect and be binding upon the parties. IN WITNESS THEREOF, the parties have affixed their signatures to this Amendment on the dates written below. APPROVED: Ramon Valadez Chair, Board of Supervisors ATTEST: Lori Godoshian Clerk of the Board Date APPROVED AS TO CONTENT Department Head Date APPROVED AS TO FORM: Sean Holguin Deputy County Attorney Date Regul~~u~I~P,I~~t'p~ -March 16, 2010 -Page 10 of 191 Page 3 of 9 All other provisions of the Contract, not specifically changed by this Amendment, shall remain in effect and be binding upon the parties. IN WITNESS THEREOF, the parties have affixed their signatures to this Amendment on the dates written below. PASCUA YAQUI TRIBE Peter Yucupicio Chairman, Pascua Yaqui Tribe ATTEST Francisco Valencia Secretary, Pascua Yaqui Tribe APPROVED AS TO FORM AND LEGAL AUTHORITY Michael Valenzuela, Chief of Police Pascua Yaqui Tribe Interim Robert Gillon Attorney General, Pascua Yaqui Tribe, Regul~~u~I~P(lf~fp~ -March 16, 2010 -Page 11 of 191 Page 4 Of 9 All other provisions of the Contract, not specifically changed by this Amendment, shall remain in effect and be binding upon the parties. IN WITNESS THEREOF, the parties have affixed their signatures to this Amendment on the dates written below. TOWN OF ORO VALLEY Paul Loomis Mayor of Oro Valley Danny Sharp Chief of Police, Oro Valley ATTEST: Kathryn Cuvelier Town Clerk APPROVED AS TO FORM AND LEGAL AUTHORITY Tobin Rosen Town Attorney Regul~~u~I~D~lf~f~c -March 16, 2010 -Page 12 of 191 Page 5 of 9 All other provisions of the Contract, not specifically changed by this Amendment, shall remain in effect and be binding upon the parties. IN WITNESS THEREOF, the parties have affixed their signatures to this Amendment on the dates written below. TOWN OF SAHUARITA Lynne Skelton Mayor of Sahuarita Chief John Harris Chief of Police, Sahuarita ATTEST: Vicky Miel Town Clerk APPROVED AS TO FORM AND LEGAL AUTHORITY Daniel J Hochuli Sahuarita Town Attorney Regul~~u~I~P~I~p~ -March 16, 2010 -Page 13 of 191 Page 6 Of 9 All other provisions of the Contract, not specifically changed by this Amendment, shall remain in effect and be binding upon the parties. IN WITNESS THEREOF, the parties have affixed their signatures to this Amendment on the dates written below. CITY OF SOUTH TUCSON Jennifer Eckstrom Mayor of South Tucson Richard Munoz Chief of Police, South Tucson ATTEST: Marie Dolores Robles City Clerk APPROVED AS TO FORM AND LEGAL AUTHORITY Patrick Moran City Attorney Regul~~u~l~t~l~p~ -March 16, 2010 -Page 14 of 191 Page 7 of 9 All other provisions of the Contract, not specifically changed by this Amendment, shall remain in effect and be binding upon the parties. IN WITNESS THEREOF, the parties have affixed their signatures to this Amendment on the dates written below. TOWN OF MARANA Ed Honea Mayor of Marana ATTEST: Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM AND LEGAL AUTHORITY Terry Tometich Chief of Police, Marana Frank Cassidy Marana Town Attorney Regul~~u~I~P~lf~t'p~ -March 16, 2010 -Page 15 of 191 Page 8 of 9 All other provisions of the Contract, not specifically changed by this Amendment, shall remain in effect and be binding upon the parties. IN WITNESS THEREOF, the parties have affixed their signatures to this Amendment on the dates written below. TUCSON AIlZPORT AUTHORITY Bonnie Allin President/CEO Tucson Airport Authority John Ivanoff Director of Public Safety, Tucson Airport Police Department ATTEST: Linda Mabry Executive Assistant to the President APPROVED AS TO FORM AND LEGAL AUTHORITY Marjorie Perry General Counsel, Tucson Airport Authority Regul~~u~I~P~lf~fp~ -March 16, 2010 -Page 16 of 191 Page 9 of 9 11555 W. CIVIC CENTER DRNE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, March 16, 2010, 7:00:00 PM To: Mayor and Council Item C 2 From: T VanHook ,Community Development Director Strategic Plan Focus Area: Community Building Subject: Resolution No. 2010-28: Relating to Community Development; authorizing the Town Manager to apply for funding from the Governor's Office of Highway Safety under the Highway Safety Program (23 U.S.C. Section 402) to fund speed detection equipment and the Marana Police Department's participation on the Southern Arizona DUI Taskforce Discussion: Town of Marana is submitting a proposal to the Governor's Office of Highway Safety for two programs addressing the needs of the community. The Town's application lists the first funding priority as the purchase of speed detection equipment ($16,500) which is needed to enhance our enforcement abilities. Secondly, the Town is requesting funding for Marana's continued participation on the Southern Arizona DUI Task Force ($38,830) increasing the number of marked patrol units on the streets during peak DUI times and in targeted locations. This increased activity will serve as a deterrent and by increased formal enforcement action reduce the number of impaired drivers on Arizona roadways. The Town will provide event specific departmentally initiated DUI enforcement and work as part of the Southern Arizona DUI Taskforce in a coordinated effort to reduce the number of individuals under the influence through enforcement and education efforts. The goals stated in the grant are as follows: Goal 1: Raise drivers' awareness about the speeds at which they are driving through the Town's school zones and residential streets, thereby reducing speeds and the potential for traffic accidents. Objective 1.1: Reduce speeding conditions through school zones and residential streets. Objective l .2: Reduce speeding conditions through construction zones and congested high-traffic areas. Goa12: Reduce the number of DUI incidents and collisions within the Town of Marana and thereby preserve life and property. Regular Council Meeting -March 16, 2010 -Page 17 of 191 Objectives 2.1: Reduce the number of DUI related collisions in the region. Marana will be initiating a coordinated education and enforcement effort during the key commute times in the areas that have statistically show the highest incidents of aggressive drivers, high speeds, and collisions. The Marana Police Department is confident that by taking this two pronged approach for addressing the problems associated with speeding and aggressive drivers it can reduce the number of collisions, serious injuries, and deaths among its citizens. ATTACHMENTS: Name: Desez7ption: Type: ^ Police - GOHS Grant Application ResolutjonF..Y GOHS Grant Fur7ding Resolution 2010 Resafution 2010 - 2011.doc Staff Recommendation: Staff recommends that the Mayor and Council authorize the Town Manager to submit a grant application for and execute all documents related to GOHS funding to enforcement programs during FY 2010-2011. Suggested Motion: I move to adopt Resolution No. 2010-28, authorizing the Town Manager to apply for funding from the Governor's Office of Highway Safety under the Highway Safety Program to fund speed detection equipment and the Marana Police Department's participation on the Southern Arizona DUI Taskforce. Regular Council Meeting -March 16, 2010 -Page 18 of 191 MARANA RESOLUTION N0.2010-28 RELATING TO COMMUNITY DEVELOPMENT; AUTHORIZING THE TOWN MANAGER TO APPLY FOR FUNDING FROM THE GOVERNOR'S OFFICE OF HIGHWAY SAFETY UNDER THE HIGHWAY SAFETY PROGRAM (23 U.S.C. SECTION 402) TO FUND SPEED DETECTION EQUIPMENT AND THE MARANA POLICE DEPARTMENT' S PARTICIl'ATION ON THE SOUTHERN ARIZONA DUI TASKFORCE WHEREAS, the Governor's Office of Highway Safety (GOHS) is seeking proposals from state and local agencies for projects relating to all aspects of highway safety; and WHEREAS, the Town of Marana is interested in submitting projects to be considered for funding in the form of reimbursable grants from the National Highway Traffic Safety Administration; and 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 increase enforcement to reduce excessive speed and the number of impaired drivers on Arizona roadways; and WHEREAS, grant funding will allow the Marana Police Department to support. the purchase of speed detection equipment and .overtime pay for police officers participating in Southern Arizona DUI Taskforce deployments. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL, OF THE TOWN OF MARANA, ARIZONA, that the Town Manager is authorized to submit the grant application and execute all documents related to GOHS funding for the Marana Police Department during fiscal year 2010-2011. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 16th day of March, 2010. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson., Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -March 16, 2010 -Page 19 of 191 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, March 16, 2010, 7:00:00 PM To: Mayor and Council Item C 3 From: Suzanne Machain ,Human Resources Director Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2010-29: Relating to Personnel; approving and adopting an amendment to the Town's Personnel Policies and Procedures, revising Chapter 8 - Termination of Employment, Section 8-1-6 "Layoff and Recall" Discussion: At the March 9, 2010 town council meeting, council directed that this item be brought back for final adoption at tonight's meeting. On March 9, staff presented the first reading of an amendment to Chapter 8 -Termination of Employment; Section 8-1-6 Layoff and Recall. Sub-section (G)(7) currently states: "7. Failure by the employee to file a written request for review within ten business days after the effective date of the layoff, unless explained to the satisfaction of the PARB, shall operate as a bar to further recourse by the employee." The reference to ten "business" days requires correction to read ten "calendar" days. As intended, all other references to periods of time in this review procedure are referenced as calendar days. On the exhibit, added text is shown with double underlining and deletions are shown with strike-out text. Consistent with Ordinance 99.12 and Resolution 98-38, amendments to the Personnel Policies and Procedures may not be adopted at the council meeting where they are first presented, but must be considered and discussed at one council meeting and then proposed for adoption at a later council meeting. This is the second reading of the proposed change to Chapter 8 and the council is at liberty to adopt the amendment at this time. Section 3 of the Town's Personnel Policies and Procedures provides for amendments to the same on the consent agenda. ATTACHMENTS: dame: Description: ^ Reso_Amendments to Chapter 8 - layoff_and recall j00019872~.DOC D E.X_A_Chapter 8 -revision to Policy_8-1-6 {00019871 j. DOG. Resoiutian Exhibit A-Revisan to Policy 8-1-6 Type: Resolution Exhibit Regular Council Meeting -March 16, 2010 -Page 20 of 191 Staff Recommendation: Staff recommends that the proposed amendment to Chapter 8 -Termination of Employment; Section 8-]-6 Layoff and Recall be adopted as presented. Suggested Motion.: I move to adopt Resolution No. 2010-29, approving and adopting an amendment to the town's Personnel Policies and Procedures, revising Chapter 8 -Termination of Employment, Section 8- 1-6 Layoff and Recall. Regular Council Meeting -March 16, 2010 -Page 21 of 191 MARANA RESOLUTION N0.2010-29 RELATING TO PERSONNEL; APPROVING AND ADOPTING AN AMENDMENT TO THE TOWN'S PERSONNEL POLICIES AND PROCEDURES, REVISING CHAPTER 8 - TERMINATION OF EMPLOYMENT, SECTION 8-1-6 "LAYOFF AND RECALL" WHEREAS Section 3-3-3 of the Marana Town Code provides that the Town Council may adopt personnel rules, regulations and policies that follow the generally accepted principles of good personnel administration and which may be modified or changed from time to time; and WHEREAS the Town Council adopted Personnel Policies and Procedures via Town of Marana Ordinance 99.12 and Resolution 99-38 on May 18, 1999; and WHEREAS Ordinance 99.12 and Resolution 99-38 provide that the Town Council may amend and revise the Town's Personnel Policies and Procedures after any proposed amendments have been submitted to the Council for consideration at a previous Council meeting; and WHEREAS Town staff presented proposed amendments to the Town's Personnel Policies and Procedures at the Council's March 9, 2010 meeting; and WHEREAS the Council finds that adoption of the amendments to the Town's Personnel Policies and Procedures is in the best interests of the Town and its employees. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL, OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. Chapter 8 of the Town's Personnel Policies and Procedures, entitled "Termination of Employment," is hereby amended as set forth on Exhibit A attached to this resolution. SECTION 2. The Town's manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the aforementioned amendments. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 16th day of March, 2010. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -March 16, 2010 -Page 22 of 191 {00019872.DOC /} ~~ MAI2ANA X11\ TOIYN OF MAkANA CHAPTER 8 TERMINATION OF EMPLOYMENT POLICY 8-1 EMPLOYMENT END Employment with the Town of Marana may be ended voluntarily or involuntarily. Section 8-1-1 Service Retirement Service retirement is voluntary termination after having satisfied the employment requirements of applicable retirement system procedures. Section 8-1-2 Disability Retirement Disability retirement is voluntary termination necessitated by an injury or illness that renders the employee incapable of performing the essential tasks of his or her usual job. The termination is preceded by a letter by the employee to his or her supervisor advising of the disability ruling, date of termination, supporting documentation, and a ruling by the appropriate agency verifying the disability and approving the retirement. Section 8-1-3 Employee-Initiated Resignation An employee-initiated resignation is voluntary termination for any reason other than formal retirement. An employee wanting to leave the Town in good standing should provide a written resignation to his or her immediate supervisor at least 14 calendar days prior to the effective date of resignation. During the two weeks before the effective date, the employee will be available for work to aid in the training of a replacement. Exceptions to the time limit requirement may be granted by the Town Manager. Section 8-1 -4 Termination during Initial Evaluation During the initial evaluation period, an employee may be terminated at any time, with or without cause, by a Department Head after consultation with the Human Resources Director and the Town Manager. Section 8-1-5 Discharge Discharge is involuntary termination or dismissal of an employee by the Town. Reg lar Council Meeting -March 16, 2010 - P 8 - 1 {00019871.DOC /} I~~~ MARANA RESOLUTION NO. 2010-29 ~~^. MARANA ~`'`%/I\ TOWN OP MARANA CHAPTER 8 TERMINATION OF EMPLOYMENT Section 8-1-6 Layoff and Recall A. Definitions A layoff is a reduction in the Town's work force due to a shortage of work or funds or a material change in duties or organization. Layoffs shall not be used in lieu of discipline. 2. For purposes of this section, seniority shall be defined as an employee's total length of continuous service with the Town as a probationary/regular employee. B. Applicability The provisions of this section apply to all regular full- and part-time classified employees who have completed the initial evaluation period as defined in the Marana Town Code and these Personnel Policies and Procedures. 2. The provisions of this section do not apply to unclassified employees, probationary employees or other at-will employees, as defined in the Marana Town Code and these Personnel Policies and Procedures. However, unclassified employees, probationary employees and other at-will employees may be subject to job elimination or termination due to a shortage of work or funds or a material change in duties or organization. C. Layoff Plans 1. Layoffs shall be accomplished on a department basis in accordance with a layoff plan prepared by the Department Head and approved by the Town Manager's Office, the Human Resources Department and the Legal Department. 2. The layoff plan shall include the reason for the layoff, a list of each position subject to layoff by classification and a list of the employees holding the positions within the specified classification(s). 3. Regular full- and part-time classified employees in grant-funded positions shall not be subject to layoff. 4. In any approved layoff plan, all vacant positions in the specified classification(s) within the department shall first be eliminated. Next, all temporary and/or probationary employees occupying the specified classification(s) within the department shall be terminated prior to the layoff of any regular employees in the specified classification(s) within the department. Regular employees within the specified classification(s) within the department shall then be laid off in inverse order of seniority. Re lar Council Meetin March 16, 2010 - P 8 - 2 {00019871.DOC /; 9 9 - ~l~a~ MARANA RESOLUTION NO.20 ] 0-29 r_TL',~ MARANA /I\ idWN dF MARANA CHAPTER 8 TERMINATION OF EMPLOYMENT D. Notice of Proposed Layoff 1. If a layoff plan is approved, the Department Head shall issue a notice of proposed layoff to each employee who will be laid off. The notice shall inform the employee of the employee's opportunity to present a written response to the proposed layoff and to attend apre-layoff review meeting with the Department Head at a scheduled date, time and location. 2. The notice of proposed layoff shall be issued to each affected employee at least seven calendar days prior to the pre-layoff review meeting. E. Pre-Layoff Review Meeting 1. The pre-layoff review meeting shall take place at least 14 calendar days prior to the proposed effective date of the layoff. 2. The pre-layoff review meeting shall not be an adversarial hearing.. The purpose of the meeting is to give the employee the opportunity to respond, verbally or in writing, to the written notice of proposed layoff. 3. The employee may have anon-attorney co-worker of the employee's choosing present during the pre-layoff meeting. The co-worker may not speak on behalf of the employee and may only participate as an observer. 4. Any relevant information presented by the employee during the pre-layoff review meeting regarding the proposed layoff shall be considered by the Department Head. 5. Failure by the employee either to attend the pre-layoff review meeting or to timely submit a written response to the notice of proposed layoff shall be deemed a waiver of the employee's right to do so and the proposed layoff shall be implemented as specified in the layoff plan. F. Notice of Layoff 1. After the pre-layoff review meeting, the Department Head shall advise the employee in writing of the decision regarding the proposed layoff. This notice of layoff shall be issued as soon as possible and at least 14 calendar days prior to the effective date of any layoff. 2. The original notice of layoff shall be submitted to the Human Resources Department and a copy shall be provided to the employee. Reg lar Council Meeting -March 16, 2010 - P 8 - 3 {00019871.DOC /} ~~I~.~~ MARANA RESOLUTION NO. 2010-29 ~~^.~ MARANA :;""'`%/ TOWN 6F MARANA CHAPTER 8 TERMINATION OF EMPLOYMENT G. Personnel Action Review Board (PARB) Review 1. Employees who are laid off pursuant to the provisions of this section may request to have the layoff decision reviewed by the Town's Personnel Action Review Board (PARB). 2. To request PARB review, eligible employees must submit a written request for .review, on a form provided by the Human Resources Department, to the Human Resources Director within ten calendar days after the effective date of the layoff. 3. Within ten calendar days of receipt of the employee's request for review, the Human Resources Director shall submit the request for review to the PARB. 4. Upon receipt of the employee's request for review, the PARE, or the Human Resources Director in conjunction with the PARB Chairperson, shall set a date for a review hearing. The hearing should take place within 30 calendar days of the PARB's receipt of the request for review, unless the time is extended by the PARB, or unless the PARB is unable to hold the hearing within that time, or for other good cause. 5. The review by the PARB shall be only to ascertain whether the Town has complied with the provisions of these Personnel Policies and Procedures relating to layoffs. The PARB has no authority to and shall not review whether the shortage of work or funds or the material change in duties or organization justified the layoff or whether alternative means may have been available to the Town. In all other respects, the hearing shall proceed in the manner set forth in Policy 5-6 of these Personnel Policies and Procedures or as otherwise determined by the PARB. 6. Upon conclusion of the review hearing, the PARB shall render a written decision which shall contain findings as to whether the provisions of these Personnel Policies and Procedures relating to layoffs have been complied with. The decision of the PARB shall be final and is not appealable within any Town process. 7. Failure by the employee to file a written request for review within ten hie I n r days after the effective date of the layoff, unless explained to the satisfaction of the PARB, shall operate as a bar to further recourse by the employee. H. Pre-Layoff Transfer Layoff decisions shall be coordinated among Town departments to provide possible transfer of employees to positions in other departments for which the employees qualify. 2. An employee subject to a pre-layoff transfer retains all accrued sick and vacation leave and compensatory time. The employee shall serve an initial evaluation period Reg lar Council Meeting -March 16, 2010 - P 8 - 4 {00019871.DOC /} $~I~l~t~~ MARANA RESOLUTION NO. 2010-29 ~~^. MARANA T{?WN OF MARANA CHAPTER 8 TERMINATION OF EMPLOYMENT in the classification the employee transfers into if the employee has not completed an initial evaluation period in that classification previously. I. Recall 1. An employee who has been laid off pursuant to the provisions of this section shall be recalled within one year of the layoff if the employee's previously-held job is reopened or if a similar job for which the laid off employee is qualified becomes available. The Town is not required to follow the competitive hiring process to recall a laid off employee. 2. An employee subject to a pre-layoff transfer is subject to recall in the same manner as an employee who is laid off. J. Coordination with the Worker Recession Assignment Program (WRAP) If any of the provisions of this section conflict with the provisions of the Town's Worker Recession Assignment Program (WRAP), the provisions of the WRAP shall govern for those employees who are serving in a WRAP assignment under the provisions of that program. Reg lar Council Meeting -March 16, 2010 - P 8 - 5 ;00019871.DOC /} ~~I~t~~ MARANA RESOLUTION NO. 2010-29 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, March 16, 2010, 7:00:00 PM To: Mayor and Council Item C 4 From: Cedric Hay ,Senior Assistant Town Attorney Strategic Plan Focus Area: Heritage Subject: Resolution No. 2010-30: Relating to Real Property; approving and authorizing a license agreement with Pacheco Farm Management for the continued use of fields which have been partially dedicated to the Town of Marana as rights-of-way within the future development area surrounding Gladden Farms II Discussion: In the area of Gladden Farms II blocks 26-43 certain rights-of-way for future roads have been dedicated to the Town. This area extends east towards the I-10 frontage road and across Tangerine Farms road to the south. This area includes a portion of the agricultural fields which have been farmed by Pacheco Farm Management for many years. In light of the fact that the proposed development for this area has been put on hold without any specific commencement date, it makes sense to allow the continued use of this area for agricultural purposes. Pacheco Farm Management has already obtained farm lease agreements with the private property owners for the continued use of the property. The proposed license agreement sets forth the terms by which the Town's rights-of-way can be similarly used. While the Town retains an independent right to terminate the agreement, it is primarily linked to the farm lease agreements and will terminate when those agreements are no longer in effect. Financial Impact: Pacheco Farm Management will be responsible for maintaining proper insurance coverage for the areas within Town of Marana rights-of-way ATTACHMENTS: N aloe: ~ Reso re license between Marana and Pacheco Farms (00019883~.DOG ~ Pacheco license agreement for Gladden II etc (.00019674-3j.DOG Description: Resolution approving license agreement Exhibit A to Resolution, i_iaense Agreement ~~~ith Pacheco Farm Mgmt. Type: Resolution Exhibit Regular Council Meeting -March 16, 2010 -Page 28 of 191 ^ Exhibit A Pacheco North Map (0001.9693-2).PDF Exhibit A to License Agreement Exhibit O Exhibit B to Pacheco Farms License Agreement Exhibit B to License Agreement Exhibit (00019884).PDF ^ Exhibit C Pacheco South M..ap (00....0..1.9694-2},_PDF Exhibit G to License Agreement Exhibit Staff Recommendation: Staff recommends adoption of Resolution No. 2010-30, approving and authorizing the License Agreement between the Town of Marana and Pacheco Farm Management for the continued use of farm fields, a portion of which lie within area that has been dedicated to the Town as future rights-of-way. Suggested Motion: I move to adopt Resolution No. 2010-30, approving and authorizing the license agreement between the Town and Pacheco Farm Management for the continued use of Town rights-of--way in the area of Gladden Farms II. Regular Council Meeting -March 16, 2010 -Page 29 of 191 MARANA RESOLUTION N0.2010-30 RELATING TO REAL PROPERTY; APPROVING AND AUTHORIZING A LICENSE AGREEMENT WITH PACHECO FARM MANAGEMENT FOR THE CONTINUED USE OF FIELDS WHICH HAVE BEEN PARTIALLY DEDICATED TO THE TOWN OF MARANA AS RIGHTS-OF-WAY WITHIN THE FUTURE DEVELOPMENT AREA SURROUNDING GLADDEN FARMS II WHEREAS certain rights-of--way have been dedicated to the Town of Marana by private property owners within and near the area known as Gladden Farms II Blocks 26-43; and WHEREAS the proposed private development of these areas has been put on hold without any known date of commencement; and WHEREAS much of this area has been used for agricultural purposes by Pacheco Farm Management for many years; and WHEREAS the Town Council finds that it is in the best interests of the Town of Marana to allow this agricultural use to continue by means of a license agreement between the Town and Pacheco Farm Management which is authorized by this resolution until such time as private development makes it necessary to terminate the agricultural uses. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the license agreement between the Town of Marana and Pacheco Farm Management, 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. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby authorized and directed to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 16th day of March, 2010. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Regular Council Meeting -March 16, 2010 -Page 30 of 191 {00019883.DOC /} LICENSE AGREEMENT LICENSOR: Town of Marana 11555 W. Civic Center Drive Marana, AZ 85653 LICENSEE: Pacheco Farm Management & Consulting Co. P.O. Box 275 Marana, AZ 85743 In consideration of Licensee's payment of a license fee, the receipt of which is acknowledged by the Licensor, and Licensee's performance of its obligations under this Agreement, Licensor hereby gives permission to Licensee to use the fields overlapping Licensor's rights-of--way located in Section 35 & 36, Township 11 South, Range 11 East; Section 1, Township 12 South, Range 11 East; and Section 6, Township 12 South, Range 12 East described as follows: That certain real property owned by the Licensor generally situated as follows: 1.) within Gladden Farms II Blks 26-43, as shown in Bk 62 Pg 64, Maps 8~ Plats, recorded in the office of the Pima County Recorder, Pima County, Arizona, shown on Exhibit "A". 2.) along the East 8~ West side of Crossroads Tr., a temporary access easement, as described in Docket 12837 Page 5250, recorded in the office of the Pima County Recorder, Pima County, Arizona, shown on Exhibit "B" 3.) along "Tangerine Rd." from Tangerine Farms Rd., South to the Santa Cruz River, as described in Docket 12706 Pg 810, recorded in the office of the Pima County Recorder, Pima County,. Arizona, shown on Exhibit "C". The exhibits are attached to and incorporated by reference in this Agreement. Licensee may use the property beginning on the date this Agreement is entered into for access and agricultural purposes only for as long as permitted by this Agreement. Licensor shall have the right to modify or revoke the License at any time, all on the terms and conditions set forth below, which Licensee promises to comply with and abide by: This Agreement shall be binding upon Licensee, its heirs, assignees and designees, and every reference to Licensee in this Agreement shall include and bind Licensee's heirs, assignees and designees. 2. This permission is given to Licensee as an accommodation for agricultural purposes and access only for public rights-of-way dedicated to the Town for Gladden Farms II Blk 26-43, for access across the temporary easement known as Crossroads Tr. and for the portion of Tangerine Rd. depicted on the as-built plans for Tangerine Farms Rd. Project CIP No. 2004-036. {00o1967a.DOC /} Page 1 of 4 License Agreement -Pacheco Farm Mgmt. -Gladden Farms II-Ptns. Tangerine Rd & Crossroads Tr. Section 35 & 36, T 11 S, R 11 E; Section 1, T 12 S, R 11 E; Section 6, T 12S, R 12 E Regular Council Meeting -March 16, 2010 -Page 31 of 191 3. Licensee covenants that it shall defend, indemnify and hold harmless Licensor, its officers, agents, and employees from any and all claims, demands, causes of action, complaints, suits, losses, damages, injuries, and liabilities whatsoever (including those for costs, expenses, and attorneys' fees) to any person, persons, or property arising out of either (1) the maintenance and use of the Licensor's property by Licensee, or (2) the negligent acts or omissions of Licensee. 4. Licensee shall obtain liability insurance for the term of this Agreement in minimum amounts of $1,000,000.00 per occurrence, with a minimum $2,000,000.00 aggregate. This insurance shall be updated annually and shall be kept in force throughout the life of this Agreement. Licensor may, if it deems necessary, require additional coverage. Licensor shall be added as an additional insured for the coverage and shall be given written notice at least 30 calendar days prior to cancellation or reduction in coverage. CERTIFICATES OF INSURANCE FOR COVERAGE AS DESCRIBED IN THIS AGREEMENT SHALL BE FILED WITH LICENSOR PRIOR TO COMMENCEMENT OF ANY ACTIVITY UNDER THIS AGREEMENT. LICENSEE SHALL ALSO FILE ALL CERTIFICATES OF INSURANCE EACH TIME THE POLICY IS UPDATED. Certificates of Insurance shall be sent to the Legal Department on an annual basis commencing on the date of execution of this Agreement. 5. Licensee may satisfy its insurance requirements under this Agreement by including Licensor as an additional insured on all insurance policies that cover Licensee's insurance obligations under this agreement. 6. This Agreement is perpetual, and shall remain in effect as long as a farm lease agreement remains in place for the adjacent property unless it is (a) terminated by written agreement of the parties or (b) revoked by and at the sole discretion of Licensor. 7. Licensor shall give Licensee written notice of revocation at least 60 calendar days prior to the effective date of the revocation. Every effort shall be taken to try and take Licensee's planting and harvesting schedule into consideration, to avoid possible termination of the agreement prior to Licensee's scheduled harvests. In the event that notice of revocation is given while a farm lease agreement is still in effect the effective date of revocation shall be modified so as to coincide with Licensee's harvesting schedule. Licensee's use of the property shall be at his own risk and compensation for loss for interruption of planting and harvesting cycles shall be limited to that which is included in the farm lease agreement(s). 8. If Licensee causes any damage to Town property, Licensee shall promptly make and pay for the repairs necessary to restore the property to its pre-damaged condition. At the discretion of Licensor, if repairs are not initiated and completed within a reasonable length of time, but in any event within 14 calendar days after Licensor gives written notice of damage to Licensee, Licensor may make the repairs and bill Licensee for all costs plus a 25% administrative fee. Licensee agrees to pay the bill within ten calendar days of receipt. 9. Anything installed by Licensee on the property shall be maintained by Licensee. 10. No items deemed to be hazardous to motor vehicles shall be left or installed within the Clear Zone as defined and delineated by the 2002 American Association of State Highway and Transportation Officials (AASHTO) Roadside Design Guide, Chapter 3: Roadside {00015674.DOC /} Page 2 of 4 License Agreement -Pacheco Farm Mgmt. -Gladden Farms II-Ptns. Tangerine Rd & Crossroads Tr. Regular Council Meetings March 16, 2010' Page 32 of119 E; Section 1, T 12 S, R 11 E; Section 6, T 12S, R 12 E Topography and Drainage Features. Monument walls are specifically prohibited from the Clear Zone. 11. Licensee shall abide by all existing laws of the State of Arizona, County of Pima and Town of Marana. 12. This Agreement is subject to cancellation for conflict of interest pursuant to A.R.S.§ 38-511. IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the Licensor's signature date below. TOWN OF MARANA (LICENSOR) PACHECO FARM MANAGEMENT & CONSULTING CO, an Arizona general partnership (LICENSEE) BY: Ed Honea Date Mayor APPROVED AS TO FORM: Sr. Asst. Town Attorney BY: Patrick Pacheco Date ITS: Partner {00019674.DOC /} Page 3 of 4 License Agreement -Pacheco Farm Mgmt. -Gladden Farms II-Ptns. Tangerine Rd & Crossroads Tr. Regular Council Meeting Me~rooh 16, 2010' Page 3$ of119 E; Section 1, T 12 S, R 11 E; Section 6, T 12S, R 12 E VERIFICATION STATE OF ARIZONA COUNTY OF PIMA ss. The foregoing document was acknowledged before me on this day of 2010 by Patrick Pacheco, a partner and authorized agent for Pacheco Farm Management & Consulting Co., an Arizona general partnership, on behalf of the partnership. Notary Public My Commission Expires: {00019674.DOC /} Page 4 of 4 License Agreement -Pacheco Farm Mgmt. -Gladden Farms II-Ptns. Tangerine Rd & Crossroads Tr. Section 35 & 36, T 11 S, R 11 E; Section 1, T 12 S, R 11 E; Section 6, T 12S, R 12 E Regular Council Meeting -March 16, 2010 -Page 34 of 191 rn x vo =r Regular Council Meeting -March 16, 2010 -Page 35 of 191 F. ANN RODRI6UEZr RECORDB$' RBCORDBD SY: AT+B DSPUTY R$CORDSR 0726 PB2 SMAR11 TO11N OF MARANA ATTbT: TOWN CLBRE 11555 X C=VIC CBNTBR DR MARANA AZ 85653 EXHIBIT 'B' CR$T: 12837 ~.~8 a 53 50 y~ l~q 1i0. OF PAGBg a 8 4~7F' ~O ggQU8NC8: 20061261131 x,6/30/2006 s~-sMNlx 1s :12 .~• II71IL AMOUNT PAID $ 9.50 TC~~i~N OF M,AR.ANA PUBLIC ROADWAY EASEMENT TANGERINE FARMS ROAD IMPROVEMENT, PROJECT 2004-36 WESTCOR MARANA LLC J 5 ,, ~~ Regular Council Meeting -March 16, 2010 -Page 36 of 191 ' PUBLIC ROADWAY EASEMENT KNOWN ALL MEN BY THESE PRESENTS: Westcor 1Vlarana LLC, an Arixvna limited (lability company, GRANTOR, grants unto Tawn of Marano, an Arizona ruunicipal corporation, GRANTEE, for the consideration of TEN AND NO1100 DOLLARS, and other valuable considerations, an easement for the construction, operation and maintenance of a public roadway, and far public ingress and egress, over a portion of Grantor's land situated in the Town of Marano, Pima County, Arizona, and more particularly described as follows (the "Easement Area"): SEE THE ATTACHED LEGAL DESCRIPTIONS EXHIBIT "A" and AS SHOWN ON ATTACHED LOCATION MAP EXHIBITS "B'• Grantee, at is sole cast and expense, will be responsible for designing, constructing and maintaining all roadway improvements to be constructed within the Easement Area, all in accordance with plans and specifications to be approved by Grantor and Grantee. Before commencement of construction of the roadway improvements within the Easement Area, Crrantee shall have the right to require minor modifications to the right-vf-way alignment, and if Grantor does require any such minor modifications, Exhibits "A" and "B" will be modified as necessary. Grantor agrees for itself, its successors and assigns, not to erect, place ar maintain, nor to permit the erection, placement or maintenance of any building, walls or fences upon the above herein described Easement Area, which would impair Grantee's ingress and egress rights. Grantor hereby agrees that these covenants are made for the above described Easement Area. Grantor hereby warrants and represents, and acknowledges Grantee`s reliance upon said warranty and representation, that Grantor has gaud and sufficient title to the Easement Area in order to grant said easement. In consideration of the mutual terms, covenants and conditions herein contained, this easement shall be binding upon and inure to benefit of any heirs, executors, administrators, permittees, licensees, agents, successors or assigns of Grantor and any successors and assigns of Grantee. It is further understood and agreed that this easement is to expire and terminate upon the 7 first to occur of (a} completion of Clark Farms Road between Tangerine Farms Road and Sandario Road, OR {b) the conversion of the Marano Interstate 10 eastbound frontage road from a two way traffic operation to a one way traffic operation between the Tangerine Road Interchange and the Marano Road Interchange, OR (c} January 1, 2415, whichever occurs first, except with regard to such provisions as are intended to survive ten7tination of this easement. QBPHX~t 19$8Z.00423120204t0.2 1 of 4 Regular Council Meeting -March 16, 2010 -Page 37 of 191 Grantee hereby agrees to indemnify, defend, protect and hold harmless Grantor, its members and affiliates, and all of their respective owners, partners, members, directors, officers, employees, agents, successors and assigns (collectively, "Indemnitees'~ of, far, firm and against any and all demands, losses, damages, liabilities, claims, actions, judgments, court costs and legal or other expenses (including, without limitation, attameys' fees and expert witness fees), of any kind whatsoever, which any Ti~demnitee may suffer, sustain ar incur as a direct or indirect consequence of any act or omission by Grantor or any of its agents, employees, contractors, subcontractors, material suppliers or consultants with respect to the Easement Area ar any portion thereof. The indemnity obligations set forth herein are intended to survive termination of this easement, Following completion of the roadway improvements within the Easement Area, Grantor, at its sole election, may convey the Easement Area and all improvements thereon to Grantee, and Crrantee shall accept such conveyance and thereafter shall be solely responsible for the ownership and maintenance of the roadway. IN WITNESS WHEREOF, the Grantor has caused its corporate name to be signed by the undersigned ofE"icer thereunto duty authorized this .2?'C day of .~. ~ , 20(31 . WESTCOR 1VZARANA LLC, an Arizona limited liability company By: The Westeor Company II Limited Partnership, an Arizona limited partnership, its managing member By: Macerich TWC II Corp., a Delaware corporation, its general partner By: ~ ~ ~' Name: ~.' •~/' Title: _S r, (1 i g2 3 7 QHPHXV 19882.o0Q2312t12o410.2 2 of 4 Regular Council Meeting -March 16, 2010 -Page 38 of 191 STATE OF A-r-ZtMA. ) ss. County of IVltn~1 GD~ ) The foregoing instrument was acknowledged before me this ~ day of n.~, zoo c~ by~rvid ~.-`S(.~Ipt~ , tine ~ i~ir VP vetD~-rv+~~~- of Macerich TWC II Corp., a Delaware corporation, a general partner of The Westc4r Company D Limited Partnership, an Arizona limited partnership, the managing member of Westcor Manna LLC, an Arizona limited liability company. In witness whereof, i have set my hand and official seal. Lary Public My~Conunissivn expires: ~ V'i~/ 1 ~~~LStARFI 1GARILCNA vtl~d '' fl Q~~xx~rig8a2.ounz3~xtn4a>las 3 of4 Regular Council Meeting -March 16, 2010 -Page 39 of 191 Approved by the Director of Public Works of the To of Marana r I w zG~' day of ~.. € 2006 8 7 25 S 4 gBPfuc~t ~sssz.uooz3~zozo4ia.z 4 of 4 Regular Council Meeting -March 16, 2010 -Page 40 of 191 May 2, 200b Exhibit A Description of Parcel to Be Acquired -Access Easement 1NESTCOR Marano, L.L.C. Tax Parcel No. 247-55~12C A portion of the southeast quarter of Section 36, Township 11 South, Range 11 East, Gila and Salt River Meridian, Pima County, Arizona, described in Docket 12714 a# Page 245, records of the Pima County Recorder, described as folkwvs: COMMENCING at the southeast comer of. Section 35; THENCE South 89 degrees 27 minutes 19 seconds West, upon the south line of the southeast quarter, a distance of 1836.18 feet to a point on anon-tangent curve concave to the southwest, to which a radial line bears North 27 degrees 5fi minutes 28 seconds East; THENCE northwesterly, upon said curve, having a radius of 2055.00 feet and a central angle of 6 degrees 13 minutes 44 seconds, a distance of 224.50 #eet to the POINT OE BEGlNN1NG; THENCE North 22 degrees 48 minutes 17 seconds East, a distance of 1fi2.04 feet; THENCE North 69 degrees 20 minutes 35 seconds West, a distance of 20A1 feet; THENCE North 22 degrees 48 minutes 17 seconds East, a distance of 925.97 feet to the beginning of a tangent curve concave to the southeast; THENCE northeasterly, along the curve. having a radius of 732.00 feet and a central angle of 1S degrees 58 minutes 37 seconds, a distance of 216.89 feet to the beginning of anon-tangent line; THENCE South 50 degrees 13 minutes 06 seconds Eas#, a distance of 10.00 feet; THENCE North 3S degrees 46 minu#es 54 seconds East, a distance of 58.84 feet to a point on the northeasterly line of the parcel of land described in Docket 12714 at page 245 and the southwesterly line of the parcel of land described in Docket 2020 at page 284; 3 7 THENCE North 50 degrees 13 minutes O6 seconds West, upon said northeasterly line, a distance of 80.00 feet; THENCE South 39 degrees 46 minutes 54 seconds West, a distance of 68.84 feet; THENCE South 50 degrees 13 minutes 06 seconds East, a distance of 10.00 feet to the beginning of anon-tangent curve concave to the southeast, to which a radial line bears North 50 degrees 13 minutes 06 seconds West; -iof3- Regular Council Meeting -March 16, 2010 -Page 41 of 191 THENCE sauthwesterfy upon said curve having a radius of 792.00 feet and central angle of 16 degrees 58 minutes 37 seconds, a distance of 234.67 feet; THENCE South 22 degrees 48 minutes 17 seconds West, a distance of 925.97 feet; THENCE North 65 degrees 02 minutes 52 seconds West, a distance of 20.01 feet, THENCE South 22 degrees 48 minus 17 seconds West, a distance of 966.37 feet to a point on a curve concave #o the south and to which a radial fine bears North 18 degrees 56 minutes 05 seconds East; THENCE easterly, upon said curve, having a radius 2065.00 feet and a central angie of 2 degrees 46 minutes 39 seconds, a distance of 900.10 feet to the POINT OF BEGINNING. Prepared for and on behalf of M M L A PSOMAS Project No.03081-04 1 2 -2of3- Regular Council Meeting -March 16, 2010 -Page 42 of 191 :~ b L d sw ~i~E DOCKET 12714 PG. 245 " "~~NA ~ • ~, ~ BXHIBIT B y ACCESS I~ASI3~ENT FOR WESTCOR MARANA LLC NI ~ ~„ A ACROSS PROPERTY DESCRIBED IN DOCKET 12714, PAGE 245, ~ P S ~ M A S IN THE SOUTHEAST' QUARTER OF SECTION 36, r r~~wwrKa~a~wc ~ TOWNSHIP 11 SOUTH, RANGE 1i EAST, r~ ~ ~-~ Now wi~m ht99~ar GILA & SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA 03081--04 GATE: 05/03/06 ~ DRAWN BY: ?tMIF ~sors Regular Council Meeting -March 16, 2010 -Page 43 of 191 n rn ~c o'v -=~ s C7 s Regular Council Meeting -March 16, 2010 -Page 44 of 191 REGULAR COUNCIL MEETING MINUTES 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, March 2, 2010, 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 7:02 p.m. Town Clerk Bronson called roll. Council Member Clanagan was excused from the dais, joining the meeting at 7:17 p.m. via teleconference. PLEDGE OF ALLEGIANCE/INVOCATIOI~T/MOMENT OF SILENCE Led by Mayor Honea. APPROVAL OF AGENDA Motion to approi~e moved by Council Member McGorray, second by 1/ice Mayor Kai. Motion carried unanimously 6-D. CALL TO THE PUBLIC Christina McVie. She is here representing the Coalition for Sonoran Desert Protection. She expressed their concerns that the current boundary for the habitat planning area ends at the town limits. When these concerns were expressed to staff the response was that there were no plans for annexation, and the fact is that Marana is considering two separate annexation proposals, and their proposal on behalf of both the technical team and the stakeholder working group is that Marana expand its habitat conservation boundaries to its planning boundaries for a future development cost savings of time and money. Council Member Ziegler responded that the town can't cover every eventuality from the planning perspective and that a lot of time has been spent on the HCP. She thanked Ms. McVie's group for their input. PROCLAMATIONS Regular Council Meeting -March 16, 2010 -Page 45 of 191 March 2, 2010 Council Meeting Minutes MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member McGorray stated what a wonderful day at the Park (Silverbell) last Saturday. Council Member Comerford announced that she had been reviewing some of the budget items and will have formal comments next week. She recognized several good things going on at the town. Since the last Council meeting, the second Habitat had a wall-raising on February 20. The Catholic Daughters were there who raised $SOK for the house and working. On the 24th there was a budget open house at Twin Peaks Elementary for the community with good senior citizens participation. On the 25th there was a blood drive. Not only do the employees give their money, they give blood, too. On the 26th, she visited with the seniors at the southside meeting area regarding decisions that the Council had not made, so we put out fires on that day. She noted that no one Council Member has the right to make any kind of a statement without the vote of the seven of us, and that's important for us to remember. On the 27th, we had a wonderful day with the Crossroads Park opening and celebration. She thanked the patient public for the park to come. Today, our seniors had a picnic in the park, line dancing in the gazebo and had a great time. There are a lot of good things going on in the town -more than just what's reported in the paper. She reminded everyone that Founders' Day is coming up March 20, and tomorrow there's another budget meeting. at Heritage Highlands at 6:OOp.m. We're busy. Mayor Honea noted that Council-Member Comerford covered most of the items on his list including the Habitat House on Hester. The Catholic Daughters did a lot of good stuff. It will be good to have a family have another home in our community. He noted that the Crossroads Park had been in process for about 12 years, and the Saturday event was great. He noted the people in the community are pretty resilient. They are asking tough questions about the budget, and everyone is pulling together, including the seniors who have volunteered to help keep facilities open. MANAGER' S REPORT: SUMMARY OF CURRENT EVENTS Mr. Davidson thanked and acknowledged Tom Ellis and Ryan Benavidez and staff for their work on behalf the park. PRESENTATIONS P 1: Presentation: Relating to Development; request for direction on a potential annexation of property known as the Emigh-Sanders Annexation Presented by Kevin Kish: Vice Mayor Kai left the dais due to a conflict of interest. This annexation is town-initiated. He indentified the four parcels within the proposed area and noted that the property owners have loaned their support to the annexation. Currently the parcels are zoned RH from Pima County. It would translate to Marana's RD 180 zoning. The City of Tucson owns property within the boundaries. On February 17, the City Council approved a contract with (Council Member Clanagan joined the Council at 7:17 p.m. via telephone) Fotowatio LLC, a photovoltaic company, to generate solar power -the second largest one in this region. This is an opportunity to help secure these types of cutting edge industries for the Town. Council Member McGorray asked about space requirements. Mr. Kish acknowledged that there was some discussion during the roadmap process. What is unique about this area is that it's a retired farm field owned by the City, so it lays with no use on it. This is an opportunity for a use and for Regular C unc ~I'ee~ir~g = Ma'~c'li'~6, ~01~~age ~o~'i~~in the incorporated area of the town are not suitable 2 March 2, 2010 Council Meeting Minutes and this project would be discouraged in those areas. Council Member McGorray asked who would be doing the work. Mr. Kish noted that the City had a contract with a company to put in the solar farm. Council Member McGorray asked if there would be any tax generated from selling electricity would this to benefit the town. Mr. Kish responded that under this RFP with Tucson Electric Power who is the parry receiving energy, and he wasn't sure of the details on how any of that type of recurring revenue would come to the town. Council Member Ziegler asked who owned the land. Mr. Kish noted that Richard Westfall owns a parcel on which his home sits; the northern piece is under Twin Peaks Land & Cattle LLC; and Fred Shafer on the other property. City of Tucson owns the other parcel. for the water rights years ago. This currently is under Pima County's jurisdiction. Council Member Ziegler asked if everyone was in agreement with the annexation. Mr. Kish acknowledged that in discussing it with them they had all given their support for the project and would move forward if the Council directed staff to go forward. Council Member Ziegler asked who it would be run by and would the town be overseeing it since within the town limits. Mr. Kish responded that the company running the project would be Fotowatio LLC and that the town would be permitting it and doing the inspections. It would be a private enterprise so the town wouldn't have involvement after the establishment of it other than typical day to day operations for the town. Council Member Post asked. if the only reason the town would be annexing this is to say that that we have a solar farm- in our town. Mr. Kish responded that that is one of the reasons. We are also looking at opportunities to collect revenue within the town -the permitting.. Council Member Post asked if the property owners came to the town and they're agreeable to this. Mr. Kish`reiterated that this was outreach by the town, but they have been positive in their support of being brought into the town. Council Member Post asked if there would be future cost to the town such as road repair and maintenance, on both the north' and the south ends. Mr. Kish stated that during the construction process there would be heavy equipment used, but the town would be picking,. up the maintenance of the roads as required by state statute. The property owners haven't been asked to do any upgrades or maintenance to the roads. Council Member Post asked for clarification again that there would only be the one- time revenue generated from the permitting. Mr. Kish replied affirmatively. Council Member McGorray asked general. questions about whether Twin Peaks Road was still dirt or paved and what would be going in on Mr. Kai's property. Mr. Kish replied that the Kai property is farming; Mr. Westfall has his person residence, and the piece owned by Twin Peaks Land & Cattle has a well site on it. Avra Road is paved. He replied that under the RD 180. sitting utilities on property like this requires a conditional use permit to establish that use on the property if it were to be annexed. Access to the properties for the solar would be along Emigh Road as well as possibility to take it from Sanders Road as well. Council Member Ziegler asked again about the benefit to the town other than having solar in the town. Mr. Kish replied that he's not sure if there will be recurring revenues from the power generation aspect. Council Member Ziegler recalled several years prior about taking property into the town without doing acost/benefit analysis. She questioned the benefit to the town other than staying with the strategic plan balanced against incurring costs to maintain the field. Mayor Honea asked if the photo cells were producing electricity, would the town collect sales tax on the utility. Erik Montague addressed the question and stated that although he is not familiar with the particular business being placed, if it does involve the actual delivery and sale of electricity as a commodity transaction to some form of user, it would most likely be subject to Regular Co nci~l~e~e~ gn Iv~a~ch'~~~~~~a9e ~o~~~re some certain exclusions and deductions that are 3 March 2, 2010 Council Meeting Minutes allowed within the tax code, and he would need to verify whether that is actual taxable or if there is some type of exclusion for that type of industry. He would need to come back with more accurate information. Mayor Honea asked for more information and to postpone action on this until the next regular Council meeting in two weeks. Mr. Kish requested Council action to direct staff to bring this item back for the next meeting with answers to the questions brought up tonight and go forward or stop it at that point. Council Member McGorray asked if the landowners intended to retain ownership of their land. Mr. Kish replied that under the agreement with the City of Tucson, it's a lease agreement so they would maintain the ownership of the land as part of their package when they purchased it and retired the farm and took the water rights elsewhere. They are not looking at a transfer of ownership to the company doing the solar work. Mr. Davidson noted that this is part of the review process in making sure that we answer all of these questions. In the Council information, it indicated the costs that the town would potentially assume maintenance related to Twin Peaks and Emigh Roads. The town is already in the area because of the high school. There are one-time financial considerations to be made. So this project's going to be done whether we annex or not. Someone will be able to do the development review and capture those fees as ~~ell as the construction sales tax that will be generated. We either have an opportunity to have it in the town as part of our efforts to secure green level projects and solar projects and capture that revenue or it will be done somewhere else. Mr. Kish responded that under the agreement the applicant would develop the propet-ty through the Pima County development services. Council Member Ziegler asked for a copy of the agreement with the City of Tucson and the private developer. This did not require a_formal motion to bring back to Council for further consideration at the next regular meeting. CONSENT AGENDA Motion to approve moved by council Member Comerford, second by Council Member Post. Motion carried unanimously. C 1: Resolution No. 2010-20: Relating to Community Development; approving and authorizing full execution o~an Intergovernmental Agreement with Pima County for the management and implementation of Community Development Block Grant Program funding for Honea Heights neighborhood design and engineering plans C 2: Resolution No. 2010-21: Relating to Community Development; approving and authorizing full execution of a contract (RO16-10-35) with the Arizona Department of Commerce to receive funds under the American Recovery and Reinvestment Act (ARRA) Arizona State Energy Efficiency Block Grant Program to assist in the development of a comprehensive energy efficiency and conservation strategy C 3: Minutes of the January 26, 2010 and February 9, 2010 special council meetings and the February 2, 2010 and February 16, 2010 regular council meetings LIQUOR LICENSES BOARDS, COMMISSIONS AND COMMITTEES Regular Council Meeting -March 16, 2010 -Page 48 of 191 4 March 2, 2010 Council Meeting Minutes COUNCIL ACTION A 1: Resolution No. 2010-22: Relating to Economic Development; approving and adopting the Marana Economic Roadmap strategic plan Presented by Josh Wright. He gave an overview of the final draft of the roadmap incorporating the comments. The final document is before Council He recognized the Council Members who served on the committee -Council Members McGorray and Post. Motion to approve moved by Council Member McGorray, second by Council Member Post. Motion carried unanimously. A 2: Resolution No. 2010-23: Relating to Administration; approving an Electronic Mail Retention and Storage Administrative Directive for Town of Marana employees and elected and appointed officials Presented by Deb Thalasitis. She noted that last September, the Council approved a plan for the town manager to institute a series of administrative directives. As part of that, staff .committed to come back when there was a directive that needed to apply more broadly than to just town staff - to elected officials or appointed officials. This directive outlines the parameters for the retention of electronic mail This policy defines when an email is a public record and the period for which we will retain the more routine emails that are not considered public records. Other entities around the state average from between 30-90 days' retention. We have the- ability through our. email archive system to retain emails for 120 days, so in the interest of being able`to respond to disclosure requests, that is the recommended time limit, Af"ter _ 12~ days, if an email is not considered a record under one of our retention. schedules, it would be deleted. This does for us is let us respond to citizen requests more quickly. Now we have many, many months of email. It also frees up server space so that we are able to use the space on our computer servers for data bases .and other things that help our operations. So to some degree this is housekeeping. We will be conducting training through the Town Clerk's office and'the Town-Attorney's office. Once we've been able to train employees, we would ask as part of this resolution that the manager determines the effective date so that we dan'~ jump prematurely in implementing this. Council Member Post noted that there have been a_lot of requests for record searches on emails. Does this mean that they cannot request an email that is older than 120 days? Ms. Thalasitis stated that if the email is subject to a different retention schedule -which she enumerated -they could see those but they would need to specifically ask for them. But for a general request, we would only have the ability to go back 120 days. City of Phoenix only retains email for 30 days. On average, the cities are somewhere between 30, 60 or 90 days. But if it's not a record protected by another record schedule, we would not have anything beyond 120 days. Council Member McGorray asked if Council would be provided with a list of categories. Ms. Thalasitis responded yes, and that there will be training that involve boards, commissions and Council Members and town employees. She indicated that staff would try to move quickly on this because server space is precious and costly. Motion to approve moved by Council Member McGorray, second by Council Member Comerford Motion carried unanimously. Regular Council Meeting -March 16, 2010 -Page 49 of 191 5 March 2, 2010 Council Meeting Minutes A 3: Resolution No. 2010-24: Consideration and possible adoption of a resolution of the Mayor and Common Council of the Town of Marana, Arizona, approving the form and authorizing the execution and delivery of a Loan Agreement with the Water Infrastructure Finance Authority of Arizona from its Drinking Water Revolving Fund Program and, if necessary, guaranty or similar agreements to provide insurance policies or surety bonds necessary in connection therewith; delegating the determination of certain matters relating thereto to the Finance Director of the Town; authorizing the taking of all other actions necessary to the consummation of the transactions contemplated by such Loan Agreement and this resolution and declaring an emergency Presented by Erik Montague. He noted that in September of 2009, staff brought before Council a request for authorization to submit an application to the Water Finance Authority for a loan in an amount not to exceed $5.25M. The source of repayment for that was utility revenues, which is consistent with the long-term strategy of the utility. Staff did submit that application and it was reviewed, ranked and was identified to make the list for funding. Tonight's item is a resolution to preliminarily approve the documents to close that loan. This would provide the capacity to complete several significant utility projects -specifically the Hartman to Cortaro interconnect, the Camino de Mariana water line as well as the Silverbell and CMID well acquisition which the town entered into agreement to acquire last year, and portions of the Twin Peaks/Bluebonnet water line. The sources and uses of the revenue has been identified and verified through the outside consultant and has been incorporated within the rate model If approved, this will serve as the utility's first formal debt instrument for which they will be completely obligated. There will be no general fund or VAT of any kind. Council Member Ziegler asked for clarification on this coming out of the enterprise fund for payback. Mr. Montague responded that that is correct -.the source for repayment is utility revenues. Dorothy O'Brien indicated that she is ready to pick that up in her budget. Mr. Montague responded to an inquiry from Council Member Ziegler about what would have happened if the town had not .gotten this loan that the projects at a minimum would be delayed and. other funding would have to be found. Ms. O'Brien noted that this is a distinct part of therate plan previously brought forward to Council, working closely with the rate consultant and Mr. Montague to bring forward the best mechanisms for getting good rates. This is a great way for us to use that program as well as minimize the effect on rates. Mayor Honea stated thatthere is an emergency clause on this item. Motion to approve moved by Council Member Ziegler, second by Council Member ComerforaL Motion carried unanimously by way of a roll call vote. Mayor Honea noted-that he was remiss earlier in not introducing members of Scout Troop 226 and their leader, present to earn a merit badge. He asked them to stand and be recognized at this time. ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Legislative/Intergovernmental Report: Discussion/Direction/Action regarding all pending state and federal legislation and report on recent meetings of other legislative bodies Presented by Steve Huffman who noted that the Legislature suspended all their normal Regular Cohnc~i rrv~e~t ~9o-a'a'o~,ki~~&~~s~ 9~58~ ~~,~ budget. There is a special election coming up on the March 2, 2010 Council Meeting Minutes one cent sales tax increase on May 18th. The Legislature announced last week that they were going to try to adopt two different budgets -one with the one cent sales tax increase and one without the one cent sales tax increase. They are trying to pass these prior to the election so that the voters will know what they're looking at. It is not completely clear whether there will be two separate bills or one. There might be a bill with contingency cuts based on whether it passes. Of significance today was an email received from the League of Cities and Towns saying as part of this budget proposal one of the rumors floating around is that as part of one of the tricks to balance the budget they are going to try to take $22M from state shared revenues and give it to counties to offset some shifts they they're going to do from the state to the counties. This $22M would, if they follow the normal formulas, be about $120K out of the Town of Marana's budget. It's my belief, and in conversations with the League, they have the same opinion, that this is the same thing we saw last year that we saw with the vehicle license tax cut where Pop 108 (the requirement says that if you have any impact on the general fund it takes a supermajority vote of the Legislature to pass that). What the Legislature is trying to do last year and it looks like this year is circumvent the Constitution by saying the money is not going to come to the state general fund so it won't trigger that Constitutional provision -we're just going to take it directly from you and give it directly to the counties. He doesn't belief that will meet -=Constitutional muster, nor does the League believe that. We are all working to keep this from happening, but even if they do pass this, the League will be actively working in conjunction with cities and towns across the state and in court if it's necessary against this. He believes this is a clear violation of the Constitution. This is something to be aware of and concerned but not to stay up worrying about. There are numerous bills going through the Legislature from impact fees to the length of yellow lights and traffic lights in the town of Marana. Council Member McGorray noted that she had heard on a news broadcast the one cent sales tax -that if that does pass, none of it ~~~ill go to cities and towns. Mr. Huffman responded that with the current five cent sales tax there's a distribution that goes partially to the general fund and part of it goes to cities and towns and part of it goes to counties. Because of the budget situation, the legislation that was_ sent to the ballot specifically exempts this one cent from the normal distribution formula. everything else will be exactly the way it is. The one cent will go 100% toward the state. Within the language, two-thirds is dedicated to K-12 education and universities; one-third is dedicated toward public safety and health and welfare programs, but there will not be the traditional distribution formula to cities, towns and cotmties like with the other five cents. What they do with the one cent does not in any way affect the forn~ula for the existing five cents that we currently get. EXECUTIVE SESSIONS Motion to go into executive session for Item E 4 moved by Council Member Comerford, second by Council Member McGorray. Motion carried unanimously. Ms. Bronson noted for the record that Council Member Clanagan would be leaving the meeting at 7:59 p.m. prior to the executive session. Council left the dais at 7:59 p.m. Council returned to the dais at 8:45 p.m. Regular Council Meeting -March 16, 2010 -Page 51 of 191 March 2, 2010 Council Meeting Minutes E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda E 2: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning possible acquisition of certain water infrastructure and accounts and water rights and/or resources E 3: Executive Session pursuant to A.R.S. § 38-431.03(A)(3),(4) and (7), discussion or consultation for legal advice with the Town's attorneys and discussion and to consider its position and instruct the Town Manager and staff concerning (1) the lawsuit entitled Town of Marana v. Pima County/Pima County v. Marana (consolidated), Maricopa County Superior Court No. CV2008-001131, (2) pending legal issues, settlement discussions and contract negotiations relating to the transition of Marana wastewater collection and treatment to the Town of Marana E 4: Executive session pursuant to A.R.S. § 38-431.03(A)(4) for discussion or consultation with the Town's attorneys regarding Chamberlain v. Town of Marana, Pima County Superior Court No. 020094273, and Blomquist v. Town of Marana, United States District Court, District of Arizona, No. CV-09-671-TUC DCB FUTURE AGENDA ITEMS ADJOURNMENT Motion to adjourn moved. by Council Member Post, second by Council Member Comerford. Motion curried unanimously 6-0. The meeting was adjourned at 8:45 p,m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on March 2, 201.0. I further certify that a quorum was present. Jocelyn C. Bronson, Town Clerk Regular Council Meeting -March 16, 2010 -Page 52 of 191 March 2, 2010 Council Meeting Minutes .~+~"~'` ~~~~ ~-, 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, March 16, 2010, 7:00:00 PM To: Mayor and Council Item L 1 From: Jocelyn C. Bronson ,Town Clerk Strategic Plan Focus Area: Not Applicable Subject: Relating to Liquor Licenses; recommendation to the state liquor board regarding a Person Transfer and Location Transfer of a Series 6 (Bar) liquor license application submitted by Wayne Lee Hallquist on behalf of Molinitos, located at 3675 W. Ina Road Discussion: This application is for a Person Transfer and Location Transfer of a Series 6 (Bar) liquor license at Molinitos located at 3675 W. Ina Road. Pursuant to state law, the application was posted at the premises where the business is to be conducted. The posted notice provided that residents within a one mile radius from the premises may file written arguments in favor of or opposed to the issuance of the license with the Town Clerk's Office within 20 days of the posting. As of March 8th, no written arguments were received by the Clerk's Office for or against the proposed liquor license. The town's Building, Planning and Legal Departments have reviewed this application to determine whether the applicant is in compliance with zoning, building and other legal requirements for the business. Additionally, the Marana Police Department has conducted a local background check. All departments found the applicant to be in compliance and have no objections to the issuance of this license. The Town Council must enter an order recommending approval or disapproval of the application within 60 days after filing of the application. By state statute, "in all proceedings before the town council, the applicant bears the burden of showing that the public convenience requires and that the best interests of the community will be substantially served by the issuance of a license." If the Council's recommendation is for disapproval, the order must include an attachment stating. the specific reasons for the recommendation of disapproval and including a summary of the testimony or other evidence supporting the recommendation. If the Council enters an order recommending approval of the application, then no hearing before the Arizona state liquor board will take place, unless the director of the DLLC, the liquor board or a resident within a one mile radius from the premises requests a hearing. If the Council enters an order recommending disapproval of the application or does not submit a recommendation to Regular Council Meeting -March 16, 2010 -Page 53 of 191 the DLLC within the 60-day time period, or if the director, board or a resident within a one mile radius from the premises requests a hearing, then the state board will hold a hearing regarding the application. At the hearing, the state board will consider all evidence and testimony in favor of or opposed to the granting of the license. The decision of the board to either grant or deny an application will normally take place within 105 days after the application has been filed, unless the director of the DLLC deems it necessary to extend the time period. ATTACHMENTS: Name: Description: Type: LJ Descriptions_of common types of_lquor licenses Liquor License Descriptions Backup Material (00018233).DOC D Affidavit of Posting_Molinitos.pdf Affidavit of Posting Backup Material O Molinitos Form LGB Recommendation,pdf Local Governing Body Recommendation Backup Material Staff Recommendation: Staff recommends that an order recommending approval be submitted to the DLLC for this liquor license application. Suggested Motion: OPTION 1: I move to adopt an order recommending approval of a Person Transfer and Location. Transfer of a series 6 (Bar) liquor license application submitted by Wayne Lee Hallquist on behalf of Molinitos, located at 3675 W. Ina Road. OPTION 2: I move to adopt an order recommending disapproval of a Person Transfer and Location Transfer of a series 6 (Bar) liquor license application submitted by Wayne Lee Hallquist on behalf of Molinitos, located at 3675 W. Ina Road. Regular Council Meeting -March 16, 2010 -Page 54 of 191 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses Cnric~c f1C ~.~r This liquor lioer~se is transferable from person to person and~or location to location within the sane county only and allows the holder brath ors- riff-sale retail privileges. This license a(iows a k~ar retailer to sell and serve spirituous liquors, primarily by individual portions, to be eonsut~ed on the premises and in the original container for consumption on or aff the premises. ,~ rotailer with off-sale privileges may deliver spiritr~ous liquor off of the licensed premises in oonnection with a retail sale. payment must be n~~ade no later ti~an the time of deliver~~ Cuff-sale ~"To Oc~"} package sales of spirituous liquor carp Eye made on tho bar premisos as lo~~c~ as the area of otf-sale operation d©os i~ot utilize a sepa~at~ ontranco ar~~i exit from tf~ t~nos provided for the bar. ~ hotel or motol ~~.~ith a Series 06 license rtia~ sell spirituous liquor in sealed containers in individual portions to its registered guests at and time by moans of a minibar located in the guest rooms of registered guests. The registered guest musfi be at least twenty- one (~~ } dears of age. Access to the minibar is by a ~o}~ or magnetic oard device and not furnished to a guest between the hor~~rs of 1:00 am, and _OC~ a.m. C~ortday through Saturday and 1:00 a_m. and 10:O a.m, on Sundays. This is a quota license, which means there are no "new" Series 06 licenses available. It must be purchased privately and the price is based on availability in the county. Once a Series 06 has been purchased, the buyer must apply for a transfer to have the license put in his or her name, at the same or another location. Series 07 Beer and Wine Bar This liquor license is transferable from person to person and/or location to location within the same county only and allows the holder both on- & off-sale retail privileges. This license allows a beer and wine bar retailer to sell and serve beer and wine, primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off-sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Off-sale {"To Go") package sales can be made on the bar premises as long as the area of off-sale operation does not utilize a separate entrance and exit fram the one provided for the bar. Payment must be made no later than the time of delivery. This is a quota license, which means there are no "new" Series 07 licenses available. It must be purchased privately and the price is based on availability in the county. Once a Series 07 has been purchased, the buyer must apply for a transfer to have the license put in his or her name, at the same or another location. Regul~~~L3A~~~in~ -March 16, 2010 -Page 55 of 191 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses Series 09 Liquor Store This liquor license is transferable from person to person and/or location to location within the same county only and allows the holder off-sale retail privileges. This license allows a spirituous liquor store retailer to sell all spirituous liquors, only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off- sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 10 Beer and Wine Store This non-transferable, off-sale retail privileges liquor license allows a retail stare to sell beer and wine {no other spirituous liquors), only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off-sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 11 E-EotelfMotel This non-transferable, on-sale retail privileges liquor license allows the holder of a hotel/motel license to sell and serve spirituous liquor solely for consumption on the premises of a hotel or motel that has a restaurant where food is served on the premises. The restaurant on the licensed premises must derive at least forty percent {40%} of its gross revenue from the sale of food. The holder of this license may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty-one {21) years of age. Access to the minibar is by a key or magnetic card device and not furnished to a guest between the hours of x:00 a.m. and 6:00 a.m. Monday through Saturday and 1:00 a.m, and 10:00 a.m. on Sundays. Series 12 Restaurant This non-transferable, on-sale retail privileges liquor license allows the holder of a restaurant license to sell and serve spirituous liquor solely for consumption on the premises of an establishment which derives at least forty percent {40%} of its gross revenue from the sale of food. Failure to meet the 40% food requirement shall result in revocation of the license. Regul~~~l~in~ -March 16, 2010 -Page 56 of 191 ARIZONA DEPARTMENT OF LIQUOR LfCENSES AND CONTROL 800 W Washington 5th Floor Phoenix AZ 85007-2934 www.azliquor.gov (602) 542-5141 Print F=orm AFFIDAVIT OF POSTING February 19, 2010 March 12, 2010 Date of Posting: Date of Posting Removal: Hallquist Wayne Lee Applicant Name: Last First Middle 3675 W. Ina Road Marana 85744 Business Address: street city zip 06100214 License #: I hereby certifythat pursuant to A.R.S. § 4-201, I posted notice in a conspicuous place on the premises proposed to be licensed by the above applicant and said notice was posted for at least twenty (20) days. Print Name of City/County Official Title Telephone ri Signature Date Signed Return this affidavit with your recommendation (i.e., Minutes of Meeting, Verbatim, etc.) or any other related documents. If you have any questions please call (602) 542-5141 and ask for the Licensing Division. Individuals requiring special accommodations please call (602) 542-9027 Lic0119 4/2009 Regular Council Meeting -March 16, 2010 -Page 57 of 191 FYint Form Arizona Department of Liquor Licenses and Control 800 West Washington, 5th Floor Phoenix, Arizona 85007 www.azliquor.gov 602-542-5141 LOCAL GOVERNING BODY RECOMMENDATION -°" MARANA 06100214 CITY/fiOWN OF STATE APPLICATION # PIMA COUNTY OF ,ARIZONA. CITY/TOWN/COUNTY# LL2010-05' ORDER # Regular Marana Tawn'Cotancil At a meeting of the (Regular or Special) (Governing Body) Marana 16th March of held on the day of , (Day) (Month) Wayne Lee Hallquist application of 06100214 the premises described in Application # considered as provided by Title 4, A.R.S. as amended. IT IS THEREFORE ORDERED that the APPLICATION of is hereby recommended for (Day) (Month) of the City,'Town~"County 2010 the (Year) for a license to sell spirituous liquors at License Class Series 6 was a license to sell spirituous liquors of the class, and in the manner designated in the Application. IT IS FURTHER ORDERED that a Certified Copy of this Order be immediately transmitted to the Department of Liquor Licenses and Control, Licensing Division, Phoenix, Arizona. CITYITOWNL~:OUNTY CLERK DATED AT This day of fic ioo~ osizoo9 (a p p rova I/d i sa p prova I} (Year) * Disabled individuals requiring special accommodations please call the Department Regular Council Meeting -March 16, 2010 -Page 58 of 191 ~~~~ ~. ~ ~ -~ 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, March 16, 2010, 7:00:00 PM To: Mayor and Council Item L 2 From: Jocelyn C. Bronson ,Town Clerk Strategic Plan Focus Area: Not Applicable Subject: Relating to Liquor Licenses; recommendation to the state liquor board regarding the special event liquor license applications submitted by the Arizona ASA -Tucson on behalf of Mike Jacobs Sports Park, 6901 N. Casa Grande Highway for fundraisers to purchase youth team equipment Discussion: These applications are for special event liquor licenses submitted by the Arizona ASA -Tucson on behalf of Mike Jacobs Sports Park, 6901 N. Casa Grande Highway for fundraisers to purchase youth team equipment. These events do not require an additional special event permit as the venue is designed for the activities being conducted. A special event liquor license is a temporary, non-transferable, on-sale retail privileges liquor license that allows a charitable, civic, fraternal, political or religious organization to sell and serve spirituous liquor for consumption only on the premises where the spirituous liquor is sold and only for the period authorized on the license. Qualifying organizations will be granted a special event license for no more than 10 days in a calendar year. Events must be held on consecutive days and at the same location or additional licenses will be required. The license is automatically terminated upon closing of the last day of the event or the expiration of the license, whichever occurs first. The qualified organization must receive at least 25 percent of the gross revenues of the special events. Six applications are being submitted to cover each of the time periods requested which are chronological but not consecutive. Pursuant to state law, a person desiring a special event liquor license must request a special event application from the Department of Liquor Licenses and Control (DLLC). The applicant then must file the application with the town for events occurring within the town's limits. The town may then recommend approval or disapproval of the special event liquor license. If the special event liquor license applications are approved by the Town Council, and the events meet the requirements for granting the license, the director of the DLLC will issue the special event liquor licenses to the qualifying organization. If the applications are disapproved by the Town Council, the DLLC will normally not consider the applications. Attached are the six applications. The event dates are March 19th, 21st, 22nd, 25th, 26th, 28th, 29th, and April 1st, 2nd, and 4th, 2010. Regular Council Meeting -March 16, 2010 -Page 59 of 212 ATTACHMENTS: Name: Description: Type: ~ Liquor License Applications.pdf Applications Backup Material Staff Recommendation: Staff recommends approval of these special event liquor license applications. Suggested Motion: OPTION L• I move to approve the special event liquor license applications submitted by Arizona ASA -Tucson on behalf of Mike Jacobs Sports Park, 6901 N. Casa Grande Highway for for fundraisers to purchase youth team equipment. OPTION 2: I move to disapprove the special event liquor license applications submitted by Arizona ASA -Tucson on behalf of Mike Jacobs Sports Park, 6901 N. Casa Grande Highway for for fundraisers to purchase youth team equipment. Regular Council Meeting -March 16, 2010 -Page 60 of 212 State of Arizona Department of Liquor Licenses and Control 800 W. Washington, 5th Floor Phoenix, AZ 85007 www.azliquorgov (502)542-5141 APPLICATION FOR SPECIAL EVENT LICENSE Fee = $25.00 per day for 1-10 day events only A service fee of $25.00 will be charged for all dishonored checks (A.R.S.§ 44-6852) NOTE: THIS DOCUMENT MUST BE FULLY COMPLETED OR IT WILL BE RETURNED. PLEASE ALLOW 10 BUSINESS DAYS FOR APPROVAL **Application must be approved by local government before submission to DLLC usE oNLY Department of Liquor Licenses and Control. (Section #20) ,/~ LICENSE # 1. Name of Organization: i`ry ~1 Z o~/a- ~'~J ~ ~ ~-S E'er 2. Non-Profrt/I.R.S. Tax Exempt Number. `?~ i Z ~~~' ~ S 3. The organization is a: (check one box only} ^ Charitable ^ Fraternal (must have regular membership and in existence for aver 5 years) (,Civic ^ Political Party, Ballot Measure, or Campaign Committee ^ Religious 4. What is the purpose of this event? J~i,~ 1Z ~ ('~ti ~ ~ ~/ ~ u ~~ ~~''~`%~L )'~~ `R~ ~~ ~~ 5. Location of the event: ~_`~0j N c-i4~ ~ C~ (~t~ ~. ~' j 7~u ~-s~ ~ ~ i Lt'i ~' ~~ `~ 3 Address of physical location (Not P.O. Box) City County Zip Applicant must be a member of the gualifving organization and authorized by an Officer. Director or Chairperson of the Organization named in Question #1. (Signature regulred in section #181 6. Applicant: ~~ GG. ~. tr~R... ~`~~ 64-5 ~~ Last First Middle Date of firth 7. Applicant's Mailing Address: ~~t~5ou> ~Z. ~"`Z ~7 Street City State Zip 8. Phone Numbers: m ~'~ /~L~ (,S~) ~``7~~ 3 ~Z ~ (~~~ ) Site er # Applicant's Business # Applicant's Home # 9. Date(S) & HoUrS Of Event: (Remember. you cannot sell alcohol before 10:00 a.m. on Sunday) Day 1: Day 2: Day 3: Day 4: Day 5: Day 6: Day 7: Day 8: Day 9: Day 10: Date 3119!10 Day of Week FRIDAY 11;00 PM 5:00 PM Hours from A.M./P.M. To A.M./P.M. ~~ oto6 osnoov *Disabled individuals requiring special accommodations, please call (602) 542-9027 Regular Council Meeting -March 16, 2010 -Page 61 of 212 10. Has the applicant been convicted of a felony in the past five years, or had a liquor license revoked? ~ YES Q NO (attach explanation if yes) 11. This organization has been issued a special event license for ' days this year, including this event (not to exceed 10 days per year}. 12. Is the organization using the services of a promoter or other person to manage the event? ^ YES Q NO If yes, attach a copy of the agreement. 13. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. THE ORGANIZA710N APPLYING MUST RECENE 25°~ OF THE GROSS REVENUES OF THE SPECIAL EVENT LIQUOR SALES. Name T'j~ornr4s jj~,y4c_.~-~2 ~~~ 14~~ - 7~GGgex~ 2s°~ Percentage Address 7~eo'`~ ~~~ ~~~7 Name PINNACLE CONCESSIONS LLC 75% Percentage Address TUCSON, AZ 85743 (Attach additional sheet if necessary) 14. Knowledge of Arizona State Liquor Laws Ti#le 4 is important to prevent liquor law violations. if you have any questions regarding the taw or this application, please contact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15. What security and control measures will you take to prevent violations of state liquor laws at this event? (List type and number of security/police personnel and type of fencing or control barriers if applicable) # Police Q Fencing # Security personnel ~ Barriers ALCOHOLIC BEVERAGES TO BE SERVED IN ENCLOSED AREA WITH SECURITY CHECK POINTS AT ENTRANCE/EX1T 16. Is there an existing liquor license at the location where the special event is being held? ^ YES Q NO If yes, does the existing business agree to suspend their liquor license during the time period, and in the area in which the special event license will be in use? ^ YES ^ NO (ATTACH COPY OF AGREEMENT) ( ) Name of Business Phone Number 17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license. The following page is to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades or other control measures and security positions. Regular Council Meeting -March 16, 2010 -Page 62 of 212 THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER, DIRECTOR OR CHAIRPERSON OF THE /~,~~,,~• , ORGANIZATION NAMED IN QUESTION #1 18. I 1 V ~~~"` ~~ ~ ~ ~~?` ~t~~ declare that I am an Olficer/Director/Chairperson appointing the (Print full name) applicant listed in Question 6, to a ly on atf of the for~etgoing organization for a Special Event Liquor License. (Signatur~...~.,-..~ ~ -~~ -~ Positi n) (Date) (Phone#) ,,` iVC7R pfJt3LIC -ARIZONA ~ County of PIU!A COUNTY Th foregoing instrument vva dcnowledged before me this ,~~y Commission Expires p~~ ..lun€~ 28, 2011 ~ S ~.. U `-'~aR c My Commission expires on: } v n e 2-~ - ~ ~ ~ (Date) ~ 'nature of NOTA , BLIC) (Print full name) listed in Question 6. I have read the application and the ~ X ~~~` ~' ~ n LIC - i (Signature) a f "~+~~ 4~v'~ iialy ornmission dune 28, 20 My commission expires on: Year You must obtain local government approval. City or County MUST recommend event and ~omalete ttem #1 The local aovemina body may require additional applications to be completed and submitted 60 days_ in advance of the event. Additional licensing fees may also be required before approval may be granted. LOCAL GOVERNING BODY APPROVAL SECTION 20. I, hereby recommend this speaal event application (Government Offiaaq (Title) on behalf of (City, Town or County} (Sgnature of OFFICIAL} (Date) Department Comment Section: FOR DLLC DEPARTMENT USE ONLY (Employee) (Date) deGare that I am the APPLICANT filing this application as and ali statements are true, c;o complete. ~ f1 County of inq instrument wad acknowledged before me thi Regular Council Meeting -March 16, 2010 -Page 63 of 212 State of Arizona Department of Liquor Licenses and Control 800 W. Washington, 5th Floor Phoenix, AZ 85007 vrww.azliquorgov (602)542-5141 APPLICATION FOR SPECIAL EVENT LICENSE Fee = $25.00 per day for 1-10 day events only A service fee of $25.00 will be charged for all dishonored checks (A.R.S.§ 446852) NOTE: THIS DOCUMENT MUST BE FULLY COMPLETED OR IT 1MLL BE RETURNED. PLEASE ALLOW 10 BUSINESS DAYS FOR APPROVAL . **App[ication must be approved by local government before submission to OLLC USE oNLY Department of liquor Licenses and Control. (Section #20) LICENSE # 1. Name of Organization: ~ lZC ~Z0~~4 ~ ~ ~a ~ TZL~Sp,t~ 2. Non-Profit/I.R.S. Tax Exempt Number: ~ ~ ~ ~~( ~'S o ~! 3. The organization is a: (check one box only) ^ Charitable ^ Fraternal (must have regular membership and in existence for over 5 years} [Civic ^ Political Party, Ballot Measure, or Campaign Committee ^ Religious 4. What is the purpose of this event? ~uj2.~ 1-F ~~ ~ 1~ t4~ r`'~ ~~`'t ~ ~ ~ `~'" ~ 5. Location of the event: ~~ t11 /" ~~ ~ ~+r-+~*y~ ~- I,~' `~ ~G ~- ~~' ~ ~~ I''~ ~ ~ ~ ~ ~ Address of physical location (Not P.O. Box) City County Zip A~ lslicant must be a member of the gualifvina organization and authorized by an Officer Director or Chairperson of the Omanization named in Question #1. (Sk>Inature required in section #181 6. Applicant: `~i~~L.I~UZ~ ~oc~-c.i~S ~' Last First Middle Date of Birth 7. Applicant's Mailing Address: `~GC-~bry !~'~ ~'-'? ~ '7 Street City State Zip 8. ,t Phone Numbers: ( ) ,~ J ~~ (5`~) S' r ~ "Ttt` - ~ ~Z ~ (~ ) Appiignt's Business # Site Owne r # Applicant's Home # 9. Date(S} & HOUrs Of EVent: (Remember. you cannot sell alcohol before 10:00 a.m. on Sunday) Date Day of Week Day 1: 3/21!10 SUNDAY Day 2: 3/22/10 MONDAY Day 3: Day 4: Day 5: Day 6: Day 7: Day 8: Day 9: Day 10: Hours from A.M./P.M 10:00 AM 5:00 PM To A.M./P.M. 11:00 PM 11:00 PM u~otobosnoo9 *Disabled individuals requiring special accommodations, please call (602) 542-9027 Regular Council Meeting -March 16, 2010 -Page 64 of 212 10. Has the applicant been convicted of a felony in the past five years, or had a liquor license revoked? ~ YES 0 NO (attach explanation if yes) 11. This organization has been issued a special event license fors days this year, including this event (not to exceed 10 days per year). 12. 1s the organization using the services of a promoter or other person to manage the event? ^ YES Q NO If yes, attach a copy of the agreement. 13. List all people and organizations who will receive the proceeds. Account for 100°~ of the proceeds. THE ORGANIZATION APPLYING MUST RECENE 25°~ OF THE GROSS REVENUES OF THE SPECIAL EVENT LIQUOR SALES. Name 7~Y-~-i.~sG1" G.~=-~~,+il, ~.^~~. G'~-~/,~- ~Z7-te5~~ 2s~~ Percentage Address ~G~~~ ~~ ~~7y~ Name PINNACLE CONCESSIONS LLC 75°~u Percentage Address TUCSON, AZ 85743 (Attach additional sheet if necessary) 14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations. If you have any questions regarding the law or this application, please contact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15. What security and control measures will you take to prevent violations of state liquor laws at this event? (List type and number of security/police personnel and type of fencing or control barriers if applicable} # Police p Fencing z # Security personnel p Barriers ALCOHOLIC BEVERAGES TO BE SERVED IN ENCLQSED AREA WITH SECURITY CHECK POINTS AT ENTRANCE/EXIT. 16. Is there an existing liquor license at the location where the special event is being held? ^ YES Q NO If yes, does the existing business agree to suspend their liquor license during the time period, and in the area in which the special event license will be in use? ~ YES ^ NO (ATTACH COPY OF AGREEMENT) ~_ } Name of Business Phone Number 17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license. The following page is to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades or other control measures and security positions. Regular Council Meeting -March 16, 2010 -Page 65 of 212 THlS SECTION TO BE COMPLETED ONLY BY AN OFFICER, DIRECTOR OR CHAIRPERSON OF THE ORGANIZATION NAMED IN QUESTION #1 18. I} ~ ~"~`~ ~ ~ ~• ' 'U"' ~ I- ~'' declare that 1 am an OfficeNDirectorJChairperson appointing the (Print full name) a pl' nt listed in Question 6, to apply on half of the foregoing organization for a Special Everrt Liquor License. / /`~ ? X L l (..-~.t.c. u.tr - a .v ~ ,.~ ~ (e~ ~-~--~~Z.~ (~~~ fir'' a~ ~. FAAR7INEZ rtle/Posi n) (Date) (Phone#} i+10'~',~t~I~LIC -ARIZONA n a. County of ~ PIt~AA COUNTY a foregoing instrume s nowledged before me this '~ iVEy Commission Expires June 28, 2411 ~ C a.( Q ~_..,_:..~4..P -.k.~-.~(~~.._-~.-,.-- ~y M ear My Commission expires on: N,y rye 2~ `~~ ~ ~ •. (Date) ture of NOT R UBL ) THIS SECTION TO BE COMPLETED ONLY 1 19. 1. ~k~~~ ~. ~~~G-~k. (Print full name) listed in Question 6. I have read the application and the , declare that I am the APPLICANT filing this application as •.•Y_.~_~`....-~. e~ ~. RAAATIIdEZ X ~ i ~ Y PUf3LICStAf~Ztft~, (Signature) y Commission Expires ~~ June 28, 2011 _ e. My commission expires on: ~ v rye 2~ "~~ t~ and all statements are true, correct and complete. t v1 [? ~, County of ioina instrument wAs acknowledged before me this oay Year You must obtain local government approval. City or County MUST recommend event anZl'complete item #i The local aoverning body may require additional applications to be completed and submitted 60 days in advance of the event Additional licensing fees may also be required before approval may be granted. LOCAL GOVERNING BODY APPROVAL SECTION 20. I, hereby recommend this speaal event appligtion (Government Offiaal) (Tale} on behalf of (City, Town or County) (Sgnature of OFFICIAL) (Date) Department Comment Section: FOR DLLC DEPARTMENT USE ONLY (Employee) (Date) Regular Council Meeting -March 16, 2010 -Page 66 of 212 State of Arizona Department of Liquor Licenses and Control 800 W. Washington, 5th Floor Phoenix, AZ 85007 vvww.azliquorgov (602)542-5141 APPLICATION FOR SPECIAL EVENT LICENSE Fee = $25.00 per day for 1-10 day events only A service fee of $25.00 will be charged for all dishonored checks (A.R.S.§ 44-6852) NOTE: THIS DOCUMENT MUST BE FULLY COMPLETED OR IT WILL BE RETURNED. PLEASE ALLOW 10 BUSINESS DAYS FOR APPROVAL **Application must be approved by local government before submission to DLLC USE oNLY Department of Liquor Licenses and Control. (Section #20) LICENSE # 1. Name of Organization: ~~Z©~ ~5~ ~ `,T7,(~. ~~~ 2. Non-Prot'it/I.R_S. Tax Exempt Number. ~~ `' 2' ~ Z ~ a 5 ~ 3. The organization is a: (check one box only) ^ Charitable p Fraternal (must have regular membership and in existence far over 5 years) 4. 5. Ap Civic ^ Political Party, Ballot Measure, or Campaign Committee ^ Religious What is the purpose of this event? ~u,lzc-i~tr~-S~ ~~ ~ ~ d~j~ ~^'~, ~ u t F' ~~~+yl•'' Location of the event: ~q ~) IJ Cs~s ~ ~~"~'~~ ~`~/ ~~.~~~ ~1 ~t ~ ~~~7 ~ 3 Address of physical location {Not P.O. Box) City County Zip plicant must be a member of the gualifi-ina oroanfzatlon and authorized by an Officer. Director or Chairperson of the Oroanization named in Question #1 (Signature required in section #18} 6. Applicant: ~ ~~~'t-- ~-F°'µ+--~ ~" Last First Middle Date of Birth 7. Applicant's Mailing Address: Yl~G3o~-~ ~" ~ ~~~ ~'__ Street City State Zip 8. Phone Numbers: ( ''(Q (jL©) 5=~7c~- 3~3L~ (j~p) Site O er # Applicant's Business # Appl icant's Home # 9. Date(s) 8~ HOUrs Of Event: (Remember. you cannot sell alcohol before 10:00 a.m. on Sunday) Date Day of Week Hours from A_M./P.M. To A.M./P.M. Day 1: 3/25/10 THURSDAY 5:00 PM 11:00 PM Day 2: 3126/10 FRIDAY 5:00 PM 11:00 PM Day 3: Day 4: Day 5: Day 6: Day 7: Day 8: Day 9: Day 10: iJ~ oioe osrzoos *Disabled individuals repairing special accommodations, please call (602) 542-9ti27 Regular Council Meeting -March 16, 2010 -Page 67 of 212 10. Has the applicant been convicted of a felony in the past five years, or had a liquor license revoked? ^ YES 0 NO (attach explanation if ves} 11. This organization has been issued a special event license fors days this year, including this event (not to exceed 10 days per year). 12. Is the organization using the services of a promoter or other person to manage the event? ^ YES Q NO {f yes, attach a copy of the agreement. 13. List all people and organizations who will receive the proceeds. Account for 100°~ of the proceeds. THE ORGANIZATION APPLYING MUST RECENE 25°~6 OF THE GROSS REVENUES OF THE SPECIAL EVENT- LIQUOR SALES. Name ! ~~~~~c~ /~ ~~~-~- zs°io --~7, Percentage Address-., ~ "~d`~ ~~ g ~ ~ ~ ~ Name PINNACLE CONCESSIONS LLC 7`J°~Q Percentage Address TUCSON AZ 85743 (Attach additional sheet if necessary) 1 ~t. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations. If you have any questions regarding the law or this application, please contact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15. What security and control measures will you take to prevent violations of state liquor laws at this event? (List type and number of security/police personnel and type of fencing or control barriers if applicable) # Police p Fencing 2 # Security personnel Q Barriers ALCOHOLIC BEVERAGES TO BE SERVED IN ENCLOSED AREA WITH SECURITY CHECK POINTS AT ENTRANCEIEXIT. 16. Is there an existing liquor license at the location where the special event is being held? ^ YES Q NO If yes, does the existing business agree to suspend their liquor license during the time period, and in the area in which the special event license will be in use? ^ YES ^ NO (ATTACH COPY OF AGREEMENT) ( ) Name of Business Phone Number 17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license. The following page is to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades or other control measures and security positions. Regular Council Meeting -March 16, 2010 -Page 68 of 212 THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER. DIRECTOR OR CHA_IR_PERSON OF THE ~I %-~~~ ~~ , O~ ~R,GnA~NIZATION NAMED IN QUESTION #1 18. I, ! '~('~' ~ ~i G' T'UN ~' ~" - declare that I am an Otficer/DirectoriChairc>'erson appointing the (Print full name) aypp~~ nt listed in Question 6, to apply n behalf of thef~oregoing organization for a Special Event Li4uar License. X / / ~~tiw6Rr ~ ~ L:rSvLI..M i 5 5~ i c~.t; +~- ,~ J /U (SZs~ ~~-~ S'am'. (Signature (TitlelP on) ( ) (Phone #) . ~ ~ Courriy of iJQTAR C -ARIZONA The foregoing instrume t was acknowledged before me this Pl~hft COUNTY ?viy Gommission Expires (G~ au ~ ~ June 28, 2011 Dav `~ M ar My Commission expires on: 19. ~ 7ti~"~t:+y5 ~"~ ~~~ ~~ - declare that I am the APPLICANT filing this application as (Print full name) listed in Question 6 f have read the a pltcation and the confer and all statements are true, Corr com ete. P ., ~. , . ~. ~~ I ~, @~;~f~ ~ 2d ~ ~ County of t tl.J.fj „ X `~- RIZ foregoing inst t was a owledged before me~~ (Signature) Pi' ~ ' ~ ~ ~ t .1y Commission Expires June 28, _411 pay 'ti Year ~ ~ ~ -~. My commission expires on: ~ure 2~~ ~ _ You must obtain local government approval. in advance of the event. Additional licensing fees may approval may be granted. LOCAL GOVERNING BODY APPROVAL SECTION 20. I, on behalf of (City, Town or County) (Government Offiaal} (Trtle) (Sgnature of OFFiCfAL} hereby recommend this special event application (Date) FOR DLLC DEPARTMENT USE ONLY Department Comment Section: (Employee} (Date} Regular Council Meeting -March 16, 2010 -Page 69 of 212 State of Arizona Department of Liquor Licenses and Control 800 W. Washington, 5th Floor Phoenix, AZ 85007 www.azliquorgov (602)542-5141 APPLICATION FOR SPECIAL EVENT LICENSE Fee = $25.00 per day for 1-10 day events only A service fee of $25.00 will be charged for all dishonored checks (A.R.S.§ 44-6852) NOTE: THIS DOCUMENT MUST BE FULLY COMPLETED OR R WILL BE RETURNED. PLEASE ALLOW 10 BUSINESS DAYS FOR APPROVAL **Application must be approved by local government before submission to DLLC USE ONLY Department of Liquor Ucenses and Control. (Section #20) LICENSE # 1. Name of Organization: f ~ ~~ Z.~ ~~ ~~ ~ - ~i,,, G 5 ov.~ 2. Non-ProfiUl.R.S. Tax Exempt Number: ~ ~ - 2 Y2 S~ S~ 3. The organization is a: (check one box only) ^ Charitable ^ Fraternal (must have regular membership and in existence for over 5 years) :Civic ^ Political Party, Ballot Measure, or Campaign Committee ^ Religious ~ w.z~ l eta 5 ~ ~a.rti ~"~ l ~iJ-l~ ~ au~ ,~ ~,;~ z- 4. What is the purpose of this event. 5. Location of the event: ~ `~ 9 (~ G ~' S ~ G ~z~ ~ v+~ ~-~~.v~/ ~t~5®~ rt ~ ~ S 5'7 ~ :, Address of physical location (Not P.O. Box City County Zip Applicant must be a member of the gualifying organization and authorized by an Officer, Director or Chairperson of the Omanization named in Question #1. (Signature required in section #18) 6. Applicant: ~~ ~ ~ l.~i-y2 ~~ oK.u /t'S i~' Last First Middle Date of Birth 7. Applicant's Mailing Address: ~~~ ~~ $~~~7 ,y street city- state z~F 8. Phone Numbers: ! '~ ~' (~Z°) 5 7 N ° ~ ~z(P (,~ } Site Owner # Applicant's Business # Applicant's Home # 9. Date(S) 8~ HOUrS Of EVent: (Remember. you canrrot sell alcohol before 10:00 a.m. on Sunday) Day 1: Day 2: Day 3: Day 4: Day 5: Day 6: Day 7: Day 8: Day 9: Day 10: Date 3/28/10 Day of Week SUNDAY 3/29/10 MONDAY Hours from A.M./P.M. To A.M./P.M. 10:00 AM 5:00 PM 11:00 PM 11:00 PM L~~ oio6 osizoo9 *Disabled indeviduals requiring special accommodations, please call (602) 542-9027 Regular Council Meeting -March 16, 2010 -Page 70 of 212 10. Has the applicant been convicted of a felony in the past five years, or had a liquor license revoked? YES [~ NO (attach explanation if ves) 11. This organization has been issued a special event license for ' days this year, including this event (not to exceed 10 days per year). 12. Is the organization using the services of a promoter or other person to manage the event? ^ YES Q NO If yes, attach a copy of the agreement. 13. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. THE ORGANIZATION APPLYING MUST RECEIVE 25°k OF THE GROSS REVENUES OF THE SPECIAL EVENT LIQUOR SALES. Name ~fo~ r~5 V~ - ~x.~ ~L~YL 25~i° Percentage Address ~C'~z' "~ ~~ ~~ 7 `f 7 Name PINNACLE CONCESSIONS LLC 75% Percentage Address TUCSON, AZ 85743 (Attach additional sheet if necessary) 14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations. If you have any questions regarding the law or this applicakion, please contact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15. What security and control measures will you take to prevent violations of state liquor laws at this event? (List type and number of securitylpoGce personnel and type of fencing or control barriers if applicable) # Police ~ Fencing z # Security personnel ~ Barriers ALCOHOLIC BEVERAGES TO BE SERVED IN ENCLOSED AREA WITH SECURITY CHECK POINTS AT ENTRANCE(EXIT. 16. Is there an existing liquor license at the location where the special event is being held? ^ YES Q NO If yes, does the existing business agree to suspend their liquor license during the time period, and in the area in which the special event license will be in use? Q YES ^ NO (ATTACH COPY OF AGREEMENT) Name of Business ~-) Phone Number 17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license. The following page is to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades ar other control measures and security positions. Regular Council Meeting -March 16, 2010 -Page 71 of 212 THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER DIRECTOR OR CHAIRPERSON OF THE ~~,,~ ; ~ ~ ~Oj(RGANIZATION NAMED IN QUESTION #1 ~ g. I~~I~wL ~ ~' ~ / /~'~ „ "~~' declare that I am an t')fficer/DirectodChairperson appointing the (Print full name) app ' nt listed in Oue/s"tion 6, to apply on If of the foregoing organization for a Special Event Liquor License. (S~ nature (Titte/Po ~ n) (D e) (Phone#) ~""-~.."" i O r~ .~ Cou of "9~ ~: ltQ~NE~ "~ QTARY PUt3LIC - RRI~ONA The foregoing instrument s adcn ged before me this PIMA, COUNTY ~ C~ ~ ~ \ I My Commission Expires i ~ . ~ June 28, 2011 ~Y _ Year My Commission expires on: ure - (pate) (Signature of NO Y BLIC) ~ g. ~ /~-h ~ ~ J S`~7J~ ~ Gr ~'~2-- declare that 1 am the APPLICANT fi{ing this application as (Print full name) listed in Question 6. I have read the application and the contents and atl statements are true, corn and complete. ~~ `° :~' MARTtA~~ ' l~:iill~~' of ~( ~ County of t X ~ „ ~ N~ foregoing instrument wins acknowledged before me this (Signature) :ommission Expires .June 2t3, 2011 day My commission expires on: 1 eJr~e ~~°; '- ~ ~~ You must obtain local faovemment approval. in advance of the event. Additional licensing fees may required 2a Year may be granted. LOCAL GOVERNING BODY APPROVAL SECTION 20. I, (Government Offiaaq (Title) on behalf of (City, Town or County) Hereby recommend this speaal event application (Sgnature of OFFICIAL) (~) FOR DLLC DEPARTMENT USE ONLY Department Comment Section: (Employee) (Date) I B: Regular Council Meeting -March 16, 2010 -Page 72 of 212 State of Arizona Department of Liquor Licenses and Control 800 W. Washington, 5tfi Floor Phoenix, AZ 85007 www.azliquorgov (602)542-5141 APPLICATION FOR SPECIAL EVENT LICENSE Fee = $25.00 per day for 1-10 day events only A service fee of $25.00 wiN be charged for a8 dishonored checks (A.R.S.§ 44-6852) NOTE: THIS DOCUMENT MUST BE FULLY COMPLETED OR IT WILL BE RETURNED. PLEASE ALLOW 10 BUSINESS DAYS FOR APPROVAL ~*Applicatlon must be approved by local government before submission to DLLC USE ONLY Department of Liquor Licenses and Control. (,!Section #20) LICENSE # 1. Name of Organization: ,1~~t Lo~'~ ~7 ~~ - ~u ~5 °'~ 2. Non-Profit/I.R.S. Tax Exempt Number. ~~ ` ~ ~ ~ ~ ~g~~ 3. The organization is a: (check one box only) ^ Charitable ^ Fraternal (must have regular membership and in existence for over 5 years) ,Civic ^ Political Party, Ballot Measure, or Campaign Committee ^ Religious What is the purpose of this event? 4 ~~c ~I~, S ~~ ~" ~ _ ~ ~"""~ ~ Ru f ~? `~ `~"~ . 5. Location of the event: ~~~~ ~ ~ c'`'s wY ~zr~+~~'`~ ~~~ `, ~ ~ ~° rJ P~ "~ ~ S~7 ~~ Address of physical location (Nat P.O. Box) City County Zip Applicant must be a member of the gualifyina oroanizatlon and authorized by an Officer. Director or Chairperson of the Organization named in Question #1 (Signature required in section #181 6. Applicant: ~t-b-} ~~ ~ ~ ~w c>zs ~'~ - Last First Middle Date of Birth 7. Applicant's Mailing Address: 7 state zip 8. Phone Numbers: (/,~/') ~Tf J/p~~~ (~~~ 1 Soh' _ ~ 8 L ~ Site C+vvner # Applicant's Business # pp scan s ome 9. Date(S) 8c HOUrs Of Event: (Remember. you cannot sell alcohol before 10:00 a.m. on Sunday) Date Day of Week Hours from A.M./P.M. Ta A.M./P.M. Day 1: 4/1/10 THURSDAY 5:00 PM 11:00 PM Day 2: 412110 FRIDAY 5:00 PM 11:00 PM Day 3: Day 4: Day 5: Day 6: Day 7: Day 8: Day 9: 10. Has the applicant been convicted of a felony in the past five years, or had a liquor license revoked? Regular Council Meeting -March 16, 2010 -Page 73 of 212 ^ YES ~, NO (attach explanation if ves) 11. This organization has been issued a special event license fors days this year, including this event (not to exceed 10 days per year). 10. Has the applicant been convicted of a felony in the past five years, or had a liquor license revoked? ^ YES ~, NO (attach explanation if yes) 11. This organization has been issued a special event license fors days this year, including this event (not to exceed 10 days per year). 12. Is the organization using the services of a promoter or other person to manage the event? ^ YES Q NO If yes, attach a copy of the agreement. 13. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. THE ORGANIZATION APPLYING MUST RECEIVE 25°~ OF THE GROSS REVENUES OF THE SPECIAL EVENT LIQUOR SALES. Name fif~ow,~tis ~~f~r'z~~~z.- ~id-~ t/-~-SI'~ - I~~S~~ zs~i° f Percentage Address d rv C S ~ ~ ~' ~ S 7 ~l '? Name PINNACLE CONCESSIONS LLC 75% Percentage Address TUCSON AZ 85743 (Attach additional sheet if necessary) 14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations. If you have any questions regarding the law or this application, please contact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15. What security and control measures will you take to prevent violations of state liquor laws at this event? (List type and number of security/police personnel and type of fencing or control barriers if applicable) # Police p Fencing z # Security personnel p Barriers ALCOHOLIG BEVERAGES TO BE SERVED IN ENCLOSED AREA WITH SECURITY CHECK POINTS AT ENTRANCE/EXIT. 16. Is there an existing liquor license at the location where the special event is being held? ^ YES Q NO If yes, does the existing business agree to suspend their liquor license during the time period, and in the area in which the special event license will be in use? ^ YES ^ NO (ATTACH COPY OF AGREEMENT) ( ) Name of Business Phone Number 17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license. The following page is to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades or other control measures and security positions. Regular Council Meeting -March 16, 2010 -Page 74 of 212 THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER. DIRECTOR OR CHAIRPERSON OF THE ,/~ ORGANIZATION NAMED IN QUESTION #1 ~ $. J,__r~fl#~"~ PY'~, /`7 ~~~'~~`'~~ decare that I am an OfficerlDirector/Chairperson appointing the (Print full name) ~licant listed in Question 6, to apply on behalf of the foregoing organization for a Special Event Liquor License. (Sign turer,a, .-..--m ~~. o on) (Date) (Phone#) . ~, t3LIC -ARIZONA Cou of CJC`~ MY P4MA COUNTY , ~Ite far otn instrument s acknowledged before me this " ~~y Commission Expire ~ g June 2a,2o11 ~ S '_ ,:~-~ . ~.,~.~-..... pay ar , My Commission expires on: ,...~,-~ `Z~- `~O < (Date) gna ure of N TARY BLI t g. I~7~ ~~ !~} ~ / r"~,X9 ~*~ ~''~ declare that I am the APPLICANT filing this application as {Print full name} fisted in Question 6. I have read the app{ication and the conten and all statements are true, corn nd complete. ~~~ ~r.s ° - ~~~~ oP c~ Courrty of X ICON foregoing instrument owledged before me this (Signature) • _ ~ ~ PIMA COUNTY o, ~ l " i+/1V C.ommisslon Expires ~ ,tune 28, 2011 Day Year r My commission expires on: You must obtain local government approval. City or Countv MUST recommend event and cbu~plete item #2 T_he local governino body may require additional applications to be completed and submitted 60 davs in advance of the event. Additional licensing fees may also be required before approval may be granted. LOCAL GOVERNING BODY APPROVAL SECTION 20. I, hereby recanmend this special event application (Government Offiaal) (Title) on behalf of (City, Town or County} (Sgnature of OFFICIAL) (Date) Department Comment Section: FOR DLLC DEPARTMENT USE ONLY (Employee) (Date} I P Regular Council Meeting -March 16, 2010 -Page 75 of 212 State of Arizona Department of Liquor Licenses and Contro{ 800 W. Washington, 5th Floor Phoenix, AZ 85007 www.azliquorgov (602)542-5141 APPLICATION FOR SPECIAL EVENT LICENSE Fee = $25.00 per day for 1-10 day events only A service fee of $25.00 will be charged for all dishonored checks (A.R.S.§ 44-6852) NOTE: THIS DOCUMENT MUST BE FULLY COMPLETED OR IT WILL BE RETURNED. PLEASE ALLOW 10 BUSINESS DAYS FOR APPROVAL **Application must be approved by local government before submission to DLLC usE oNLY Department of Liquor Licenses and Control. {Section #ZO) +~ LICENSE # 1. Name of Organization: ~~ 1 Z, 0-r(~ ~- ~'S f~ '"~ ~~~ ~ ~ 2. Non-Profit/I.R.S. Tax Exempt Number. j ~ Z ~ ~ ~~D 3. The organization is a: (check one box only) ^ Charitable ^ Fraternal (must have regular membership and in existence for over 5 years) Civic ^ Political Party, Baltot Measure, or Campaign Committee ^ Religious 4. What is the purpose of this event? f'u~~~-5~- ~1 !~ 5. Location of the event: ~y (~ ~v4-s,~,- ~ ~.v4-~ ~ ~ ~S~ , F_6 l~~-5tl ~ ~J ~ ~. ~.5? / Address of physical location (Not P.O. Box) CitTT ~~ Applicant must be a member of the gualifyina oroanization and authorized by an Officer. Director or Chairperson or the Or+sranization named in Question #1. (Sklnature regulred in section #18) 6. Applicant: ~~~ L-t~Z ~aw~--F1-S !~ Last First Middle Date of B' h 7. Applicant's Mailing Address: ~~~ o ti ~~ ~~~ ~/ 7 ~~y,~y,~~ ,/~y~ street city sty zip 8. Phone Numbers: c~~V-Z `~L ~~fC~~~l~ (~) ~ 7'~- 3sz-~.- SZ~ Site Owner #'-°~^ Applicant's Business # Applipnt's Home # 9. Date(s) 8~ Hours Of Event: (Remember. you cannot sell alcohol before 10:00 a.m. on Sunday) Day 1: Day 2: Day 3: Day 4: Day 5: Day 6: Day 7: Day 8: Day 9: Day 10: Date 4/4!10 Day of Week Hours from A.M./P.M. To A.M./P.M. SUNDAY 10:00 AM 11:00 PM ~;~ oro6 osrzoo9 *Disabled individuals requiring special accommodations, please call (602) 542-9027 Regular Council Meeting -March 16, 2010 -Page 76 of 212 10. Has the applicant been convicted of a felony in the past five years, or had a liquor license revoked? ^ YES (~,,NO (attach explanation if ves) 11. This organization has been issued a special event license for '0 days this year, including this event (not to exceed 10 days per year). 12. Is the organization using the services of a promoter or other person to manage the event? ^ YES ~ NO If yes, attach a copy of the agreement. 13. List all people and organizations who will receive the proceeds. Acxount for 100% of the proceeds. THE ORGANIZATION APPLYING MUST RECEIVE 25% OF THE GROSS REVENUES OF THE SPECIAL EVENT LIQUOR SALES. Name f} ~ /a 5 /~. Tcs c•~ S o ~v' zs°i° Address ` v~~~ ~~l ~~? ~ ~~ Name PINNACLE CONCESSIONS LLC 75% Percentage Address TUCSON, AZ 85743 (Attach additional sheet if necessary) 14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations. If you have any questions regarding the law or this application, please contact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15. What security and control measures will you take to prevent violations of state liquor laws at this event? (List type and number of security/police personnel and type of fencing or control barriers if applicable) # Police p Fencing z # Security personnel p Barriers ALCOHOLIC BEVERAGES TO BE SERVED IN ENCLOSED AREA WITH SECURITY CHECK POINTS AT ENTRANCEIEXIT. 16. Is there an existing liquor license at the location where the special event is being held? ^ YES Q NO If yes, does the existing business agree to suspend their liquor license during the time period, and in the area in which the special event license will be in use? ^ YES ^ NO (ATTACH COPY OF AGREEMENT) ( ) Name of Business Phone Number 17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license. The following page is to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades or other control measures and security positions. Regular Council Meeting -March 16, 2010 -Page 77 of 212 THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER DIRECTOR OR CHAIRPERSON OF THE /~ ORGANIZATION NAMED IN QUESTION #1 18. I `~/~~ i`'k'~ /`i ~~~~' ~ ~~ declare that I am an OfficerlDir~ector/Chairperson appointing the (Print full name) applsca~t listed in Question 6, to apply on bete of the foregoing organization for a Spedal Event Liquor License. .._..~~.._.,.~..- ~(Signature .^~ .. ~i'waM~~~ few,. IG~~~ f It ~~ i~OTARY PUSLiG - AR ZC~ i < ~'E(,AA COUNTY ~y £;ommesslon F-xpir6s `~~~~, .tuna 28, 201 -. Y-,.-. 8.-=. My Commission expires on: Jyh~' ~9-t C®n,.~. rs s~ ~.~. l5 1d I; 5~) S"7 ~ 3 ~z~ (TitlelPasition) (D {Phone #) '~ h County Of The foregoing instrument was nowledged before me this I aa~ ( I 0 ~ C) h ~ i1S 1 ~ 1 C~ y t.~ ~.,a ~ ;~ ~ Year THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN QUESTION #6 19. i, ~~ ~ ~ ~ ~ ~~' ~ ~~-- declare that I am the APPLICANT filing this application as (Print full name) listed in Question 6. I have read the appicatior>~.a~t~ttents and all statements are true, correct and complete. ...~,.. n ~!' lEA.~T X (Signature) ~~ ~ ~Y Go ss~~" "` e`` i~~ .28.2J11 My commission expires on: wiz Z~` a~~ Year You must obtain local s>lovernment approval. City or County MUST recommend ev~'nt and complete item #e The local s~overnins~ body may require additional applications to be completed and submitted 60 days in advance of the event. Additional licensing fees may also be required before approval may be granted. LOCAL GOVERNING BODY APPROVAL SECTION 20. I. (Government Official) on behalf of (City, Town or County) r ~a County of foregoing instrumenttwas acknowledged before me this (Sgnature of OFFICIAL) (Date} FOR DLLC DEPARTMENT USE ONLY Department Comment Section: (Employee) (Date) Rte) hereby recommend this speaal event application Regular Council Meeting -March 16, 2010 -Page 78 of 212 Regular Council Meeting -March 16, 2010 -Page 79 of 212 MIKE JACOBS o 250 500 SPORTSPARK ~~ec ~~~ v'~~~~~. 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, March 16, 2010, 7:00:00 PM To: Mayor and Council Item A 1 From: Lisa Shafer ,Assistant Planning Director Strategic Plan Focus Area: Community Building Strategic Plan Focus Area -Additional Information: Approval of the Honea Heights III Specific Plan will implement the Action Strategy "Continue to plan for the Honea Heights Affordable Housing Project" under the Community Building Focus Area Initiative: Partner, support and promote the development of diversified and affordable housing opportunities for residents. Subject: PUBLIC HEARING:.Ordnance No. 2010.05: Relating to Development; approving a rezoning creating the Honea Heights III Specific Plan Discussion: Rezoning Request This request is for rezoning three parcels of land totaling 37.7 acres of land located east of Sanders Road, approximately 1/a mile south of Moore Road and north of the Santa Cruz River to develop a planned residential development with mixed-income housing in order to expand the number of affordable housing units in the Town. Staff is working with nonprofit partners, federal, state, and local funders for the sale of at least 40 percent of the homes to lower-income families earning at or below 80 percent of the Area Median Income (AMI). The Concept Design shows the development of approximately 93 single family units with 50 percent open space devoted to trails, paths, and park amenities. Housing types are planned to vary and may include both attached and detached models with rear loaded garages and front entrances with connections to sidewalks and trails. Approval of this proposed rezoning would change the subject area zoning designation from "A" (Small Lot) to "F'' (Specific Plan) to create the Honea Heights III Specific Plan. The purpose of "F" zoning is to provide functionality and creativity in site planning and design that the developer cannot achieve with conventional zoning. General Plan The Honea Heights III Specific Plan addresses the first three housing policy objectives identified in the Marana General Plan. The Housing Plan recognizes that the area's supply of affordable housing is limited and calls for the provision of sufficient availability and variety of safe, decent, and appropriate affordable housing stock within cohesive neighborhoods that meet the needs of Regular Council Meeting -March 16, 2010 -Page 59 of 191 present and future Marana residents. The objectives being addressed by the Honea Heights III Specific Plan project are to: (1) promote quality residential development along with diversity in housing type; (2) encourage the development of affordable owner occupied housing units; and (3) encourage and promote community efforts to revitalize mature neighborhoods. The General Plan currently designates the project site as Medium Density Residential (MDR). This designation is characterized by single-family detached and attached homes on moderate lot sizes at a density of 3.1 - 8.0 residences per acre. The proposed rezoning will include a minor amendment to the Marana General Plan land use designation for the project area. Adoption of the proposed rezoning will amend the General Plan Land Use designation from Medium Density Residential (MDR) to Master Planning Area (MPA). Land Use The Honea Heights III Specific Plan is proposed for approximately 38 acres of land previously owned by the Pima County Flood Control District and conveyed to the Town after an extension of bank protection removed vast stretches of land from the Santa Cruz River floodplain. The Concept Design plans lots for approximately 93 houses (approximately 5,000 square foot each) in two distinct block patterns connected by a central roadway through the development. The first block pattern uses a traditional grid with homes facing existing development. and the linear park. The second block pattern sets houses in circular clusters providing a shared driveway to access rear loading garages maximizing land use at the front of each lot. Both block patterns are designed to slow traffic, maximize views of the open space and link residents with the trail system. Housing types may vary and include both attached and detached models as well as one and two story homes limited to a maximum height of thirty feet. All will be equipped with rear loading garages and front entrances will be connected by sidewalks and trails. The homes built along Sandy Street will face the existing Honea Heights development and reflect the height and scale of existing homes. Houses built in the interior will face one another, open space, or the linear park. Traffic Circulation The Honea Heights III Specific Plan development is proposing three access points along the northern end of the site on Sandy Street and a fourth at the eastern end of the development, aligned with White Avenue. Two of the access points will line up directly with Morgan Road and Hester Drive, and a third will provide access to Sandy Street just east of Honea Drive. The internal public roadways are proposed with a reduced section to include 32 feet, including 28 feet of pavement and two (2) feet curbing on each side. A five (5) foot utility/access easement will also be on each side of the road. The narrow section does not allow on-street parking but still provides safe travel and allows for emergency vehicle access. Designated parking areas will be provided along roadways without private garage access and adjacent to the linear park, community garden, and trailhead. This road section will require a Design Exception at the time of preliminary platting. Open Space, Recreation and Trails The Plan proposes the use of open space and restorative natural landscaping as a park amenity. The project allows for 50 percent of the land dedicated as open space. The project borders the Santa Cruz River Shared-Use Path and Santa Cruz River Linear Park on the south and the Marana Heritage Park directly adjacent to the east. The linear park provides a nearly 200 foot buffer between the Santa Cruz River bank protection and the neighborhood as well as offering views of the river to the south. The Heritage Park's demonstration garden and heritage tree grove abut the project to the east. Multi-use trails are planned throughout the project. Bicyclists and pedestrians will be able to use these trails to access residential, park and open space areas of the project and community. It is Regular Council Meeting -March 16, 2010 -Page 60 of 191 currently being proposed for the Town Parks and Recreation Department to maintain the open space, parks and trails. Sewer and Water The proposed development intends to connect to the new Honea Heights Colonia Sanitary Sewage Conveyance System that is currently being constructed through-out the existing Honea Heights neighborhood. A sewer and water master plan for the property will be prepared as well as a water service agreement with the Marana Municipal Water Company (MMWC). This agreement will address potable and non-potable systems interconnections and main extensions from the existing water system, and the development, construction, dedication, ownership, and design of the water system. Development and Design Standards The Honea Heights III Specific Plan provides the opportunity for the Town of Marana, to act as the Master Developer and work with the building partner(s) to ensure long-term affordability through the use of environmentally responsive design and energy efficient building standards. All residential structures built within the Plan area will meet or exceed standards that have been developed using guidelines established through Leadership in Energy and Environmental Design (LEED) for Homes, National Green Building Program (NAHB), and the Town. The design of the community is planned to include the use of a number of environmentally friendly conservation techniques. These include on-site water harvesting with cisterns to contain water for later use. Rooftops and cisterns will aid in capturing large volumes of water. Water conservation and reuse through water harvesting, grey water recycling, and rain gardens are among the other methods to be used. To promote more environmentally friendly construction, every effort will be made to provide energy efficient design and construction wherever feasible. Regional materials from the surrounding communities will be used when possible for home and infrastructure construction. The layout of the Plan area has been designed to maximize residential density of the neighborhood infill project while providing open space and developed parks that preserve the rural nature of the area. Traffic circulation, drainage, grading, and residential placement have been carefully coordinated to: foster pedestrian uses, facilitate water harvesting, and preserve areas for natural vegetation. Standards for all development within the Specific Plan Area will be reviewed by the Town's Community Development and Planning Departments with input from the selected building partner until full residential build out is completed. The Honea Heights III Specific Plan will adhere to the Town of Marana's Residential Design Standards found in Title 8, Section 8.06 of the Land Development Code. Architectural design will be restricted to reflect the elements details in the Northwest Marana Area Plan Pueblo, Territorial, and Southwest Territorial Architectural Styles. Public Notification The Concept Design was produced by the University of Arizona's Drachman Institute funded through an Arizona Department of Housing grant. The Drachman Institute completed a detailed site analysis, facilitated community meetings, and conducted a survey to collect neighbor input. A public notice for the hearing was published in the newspaper as well as posted at various locations around the Town. In addition, public hearing notification letters were sent to all owners of properties within 300 feet of the site. No comments have been received as of the date of this report. ATTACHMENTS: Regular Council Meeting -March 16, 2010 -Page 61 of 191 Name: Description: Type: ^ Ordnance_Honea Heights III Specific Plan.doc Ordinance Ordinance ^ Ord 2010,05 Exhibit A.pdf Exhibit A Exhibit ^ Location Map,pdf Location Map Backup Material ^ Application.pdf Application Backup Material ^ Honea Hts III_SP Final,pdf Honea Heights III Specific Plan Backup 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 applicable provisions of the Town's Codes, and Ordinances current at the time of any subsequent development including, but not limited to, requirements for public improvements. 2. This project is responsible for paying the required Lower Santa Cruz River Levee fee of $18,850 and any other applicable impact fees. 3. The property owner shall not cause any lot split of any kind without the written consent of the Town of Marana. 4. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation or relieves the applicant or the land owner from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. Appropriate experts should be retained and appropriate federal and state agencies should be consulted to determine any action necessary to assure compliance with applicable laws and regulations. 5. A master drainage study must be submitted by the Developer and accepted by the Town prior to approval of any preliminary plat or development plan. 6. A detailed traffic analysis shall be submitted and accepted by staff prior to approval of any preliminary plat or development plan. 7. The developer will be responsible for the design and construction of any roadway improvements that the Town requires based on the data and findings of the accepted traffic impact analysis and other traffic studies that will be required at the platting or development plan stages of this project. 8. Installation of anon-potable water system shall be required to serve the common open space areas and other landscaped amenities, as accepted by the Town of Marana. 9. A Sewer Service Agreement and Master Sewer Plan shall be submitted by the Developer and accepted by the wastewater provider and the Town Engineer prior to the approval of the final plat. 10. A Water Service Agreement and a Master Water Plan must be submitted by the Developer and accepted by the Utilities Director prior to the approval of the final plat by the Town Council. 11. The property owner shall transfer, by the appropriate Arizona Department of Water Resources form, those water rights being IGR, Type I or Type II to the Town of Marana for the Town providing designation of assured water supply and water service to said property. If Type I or Type II are needed on said property, the Town and developer/landowner shall arrive at an agreeable solution to the use of those water rights appurtenant to said land. 12. An annual report shall be submitted within 30 days of the anniversary of the Town Council's approval of the Specific Plan in addition to those requirements listed in the Land Development Code and Specific Plan. 13. Upon adoption of the ordinance by the Mayor and Council approving the Honea Heights III Specific Plan, the applicant shall provide the Planning Department with the following Regular Council Meeting -March 16, 2010 -Page 62 of 191 final editions of the Honea Heights III Specific Plan: one non-bound original; forty bound copies; and one digital copy in Microsoft Word or other acceptable format within sixty days of the adoption. Commission Recommendation - if applicable: The Marana Planning Commission held a public hearing on February 24, 2010 and voted 4-1, with Commissioners Jakab and Wood excused, to recommend approval to the Mayor and Town Council of the application for rezoning. Suggested Motion: I move to adopt Ordinance Number 2010.05, approving a rezoning creating the Honea Heights III Specific Plan. Regular Council Meeting -March 16, 2010 -Page 63 of 191 MARANA ORDINANCE NO. 2010.05 RELATING TO DEVELOPMENT; APPROVING A REZONING CREATING THE HONEA HEIGHTS III SPECIFIC PLAN WHEREAS, the Town of Marana (the "Developer") is the owner of approximately 37.7 acres of property located south of Sandy Street and east of Sanders Road within a portion of Section 33, Township 11 South and Range 11 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 February 24, 2010, and at said meeting voted 4-1 (with Commissioners Wood and Jakab excused) to recommend that the Town Council approve this rezoning; and WHEREAS, the Marana Mayor and Town Council held a public hearing on March 16, 2010 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 37.7 acres of the Rezoning Area located south of Sandy Street and east of Sanders Road within a portion of Section 33, Township 11 South, Range 11 East, changing the General Plan designation from Medium- Density Residential to Master Planning Area, is hereby approved. .SECTION 2. The zoning of the Rezoning Area is hereby changed from "A" (Small Lot) to "F" (Specific Plan) creating the Honea Heights III Specific Plan. SECTION 3. This rezoning is subjectto the following conditions, the violation ofwhich 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. This project is responsible for paying the required Lower Santa Cruz River Levee fee of $18,850 and any other applicable impact fees. 3. The property owner shall not cause any lot split of any kind within the Rezoning Area without the written consent of the Town of Marana. 4. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation or relieves the applicant or the land owner from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Regular CotrttC~irS~CMdt~ttf ~~e~~be~g~~t~L~gct. Appropriate experts should be retained and appropriate Marana Ordinance No. 2010.05 - 1 - federal and state agencies should be consulted to determine any action necessary to assure compliance with applicable laws and regulations. 5. A master drainage study must be submitted by the Developer and accepted by the Town prior to approval of any preliminary plat or development plan. 6. A detailed traffic analysis shall be submitted and accepted by staff prior to approval of any preliminary plat or development plan. 7. The developer will be responsible for the design and construction of any roadway improvements that the Town requires based on the data and findings ofthe accepted traffic impact analysis and other traffic studies that will be required at the platting or development plan stages of this project. 8. Installation of anon-potable water system shall be required to serve the common open space areas and other landscaped amenities, as accepted by the Town of Marana. 9. A Sewer Service Agreement and Master Sewer Plan shall be submitted by the Developer and accepted by the wastewater provider and the Town Engineer prior to the approval of the final plat. 10. A Water Service Agreement and a Master Water Plan must be submitted by the Developer and accepted by the Utilities Director prior to the approval of the final plat by the Town Council. 11. The property owner shall transfer, by the appropriate Arizona Department of Water Resources form, those water rights being IGR, Type I or Type II to the Town of Marana for the Town providing designation of assured water supply and water service to said property. If Type I or Type II are needed on said property, the Town and developer/landowner shall arrive at an agreeable solution to the use of those water rights appurtenant to said land. 12. An annual report shall be submitted within 30 days of the anniversary of the Town Council's approval of the Specific Plan in addition to those requirements listed in the Land Development Code and Specific Plan. 13. Upon adoption of the ordinance by the Mayor and Council approving the Honea Heights III Specific Plan, the applicant shall provide the Planning Department with the following. final editions ofthe Honea Heights III Specific Plan: one non-bound original; forty bound copies; and one digital copy in Microsoft Word or other acceptable format within sixty days of the adoption. 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 this Ordinance. 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 Town Council of the Town of Marana, Arizona, this 16`h day of March, 2010. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Regul~iQF~'u{~Li~l~9eet~~~,1~,~ 65 of 191 Frank Cassidy, Town Attorney Marana Ordinance No. 2010.05 - 2 - EXHIBIT A TO MARANA ORDINANCE NO. 2010.05 PARCEL 1 All that portion of the Southeast Quarter of the Southwest Quarter of the Northeast quarter of Section 33, Township 11 South, Range 11 East, Gila and Salt River Base and Meridian, Pima County, Arizona, described as follows: Beginning at the Southeast corner of said Southeast Quarter; THENCE South 89 degrees 40 minutes 56 seconds West, along the Southerly line of said Southeast Quarter, a distance of 660.51 feet to the Southwest corner of said Southeast Quarter; THENCE North 00 degrees 11 minutes 36 seconds West, along the Westerly line of said Southeast Quarter, a distance of 610.43 feet; THENCE South 49 degrees 54 minutes 14 seconds East, departing said Westerly line, a distance of 865.92 feet to the Easterly line of said Southeast Quarter; THENCE South 00 degrees 11 minutes 19 seconds East, along said Easterly line of said Southeast Quarter, a distance of 49.06 feet to the Point of Beginning. Regular Council Meeting -March 16, 2010 -Page 66 of 191 EXHIBIT A TO MARANA ORDINANCE NO. 2010.05 PARCEL 2 A portion of the north half of Section 33, Township 11 south, Range 11 East, Gila and Salt River Meridian, Pima County, Arizona. Said parcel being more particularly described as follows; COMMENCING at the west quarter corner of said Section 33, said corner being a found 2" open pipe; THENCE North 0°34'34" West, 1321.02 feet along the west line of said north half, from said point of the northwest corner of said Section 33 bears North 0°34'34" West, 1321.02 feet, said northwest corner being a found 3" brass disk in hand hole stamped "T.O.M. R.L.S. 18552", THENCE North 89°41'26" East, 400.00 feet (measured and record) along the south line of the northwest quarter of the northwest quarter of said section 33; THENCE North 0°34'34" West parallel with the west line of the northwest quarter of said Section 33, 91.07 feet to the POINT OF BEGINNING, said point being aset %:' rebar tagged "RLS 16555". THENCE continuing North 0°34'34" West along said parallel line 63.93 feet, to a set %" rebar tagged "RLS 16555", THENCE North 89°41'26" East parallel with the south line of the northwest quarter of the northwest quarter of said Section 33, 172.17 feet to a point of anon-tangential curve with a local radial bearing of North 18°10'06" West, concave to the north, said point being aset %" rebar tagged "RLS 16555". THENCE easterly along the arc of said curve to the left having a radius of 1666.85, through a central angle of 1°09'37", for an arc length of 33.76 feet to a point of tangency, said point being aset %:" rebar tagged "RLS 16555", THENCE North 70°40'17" East, 16.64 feet to a set tagged "RLS 16555", THENCE North 0°34'34" West parallel with the west line if the northwest quarter of said Section 33, 158.53 feet to a point from which a found 1 %2" aluminum capped pin with punch at the intersection of Honea Drive with Sandy Street bears South 89°41'07" West, 190.02 feet, said streets established by the plat of Honea Heights at the Pima County Recorders Office at Book 12 Page 58 of Maps and Plats; THENCE North 89°41'07" East, 726.44 feet to a found 1 %" aluminum capped pin with a punch at the intersection of Sandy Street with Morgan Drive; THENCE North 89°40'52" East, 696.46 feet (measured, 696.35 feet record) to a found railroad spike with cross cut at the intersection of Sandy Street with Hester Drive; THENCE 89°41'32" East, 242.64 feet to a set rebar tagged "RLS 16555", from which a found railroad spike with cross cut bears North 89°41'32" East, 347.48 feet; Regular Council Meeting -March 16, 2010 -Page 67 of 191 EXHIBIT A TO MARANA ORDINANCE NO. 2010.05 THENCE South 30°00'17" East, 1526.45 feet to a set %:' rebar tagged "RLS 16555", from which a found %Z° rebar tagged "RLS 16555",from which afound %" rebar tagged "RLS 22759" bears South 30°00'17" East, 373.40 feet; THENCE North 54°51'46" West, 580.98 feet to a point of curvature on a tangent curve concave to the south, said point being aset %" rebar tagged "RLS 16555"; THENCE westerly along the arc of said curve to the left having a radius of 4073.45 feet, through a central angle of 32°42'08" for an arc length of 2,324.96 feet to the POINT OF BEGINNING. The above described parcel contains an area of 24.93 acres, more or less. Regular Council Meeting -March 16, 2010 -Page 68 of 191 EXHIBIT A TO MARANA ORDINANCE NO. 2010.05 PARCEL 3 All that part of the North half of Section 33, Township 11 South, Range 11 East, Gila and Salt River Base and Meridian, Pima County, Arizona, described as follows: Beginning at the Southwest corner of the Northwest Quarter of the Southwest Quarter of the Northwest Quarter; THENCE Easterly to the Northwest corner of the Southeast quarter of the Southeast Quarter of the Northwest quarter; THENCE Southerly to the Southwest corner of the Southeast Quarter of the Southeast Quarter of the Northwest Quarter; THENCE Easterly to the Southwest corner of the Southeast Quarter of the Southwest Quarter of the Northeast Quarter; The Northerly to the Northwest corner of the Southeast Quarter of the Southwest Quarter of the Northeast 4uarter; THENCE Northwesterly to the Southwest corner of the Northwest Quarter of the Northeast Quarter; THENCE North along the West line of the Northeast Quarter, a distance of 330 feet; THENCE Westerly, parallel with the South line of the North half of the Northwest quarter, to a point distant 620 feet East of the West line of Section 33; THENCE Southerly, parallel with the West line of Section 33, a distance of 175 feet; THENCE Westerly, parallel with the South line of the North half of the Northwest Quarter, a distance of 220 feet; THENCE Southerly, parallel with the West line of Section 33, a distance of 155 feet to a point in the south line of the North half of the Northwest Quarter; THENCE Westerly along the South line of the North half of the Northwest Quarter, a distance of 400 feet to the West line of Section 33; THENCE Southerly along the said West line of the Point of Beginning; EXCEPT the West 50 feet of said Northwest Quarter; AND FURTHER EXCEPT all that portion conveyed to Pima County, Arizona, a body politic as described in Deed recorded April 5, 1985 in Docket 7506, page 113. Regular Council Meeting -March 16, 2010 -Page 69 of 191 Honea Heights III Specific Plan - ~ ~~ ,~.~,_~ CASE PCZ-09048 I T BARNETT RD W W BARNE ~t~t5 /`ti'n'r'Il Payson Farms ~~ ~ ~ ~ ~ a Rancho Marana ~z lj.~l~jZ; Farm Field Five Fianchetto Farms ~ WMOORE RD ~~ Honea Heights ® Gladden Farms ~~ _ [IlJ-1-LU ® -- ~ Subject Pro erty ar' ~ , o '~`~" ~ ~ ~~ ~ 2T ~ •y~G C `~ ~ R/~FF A ~~. RMs~b w Santa Cruz River FloodWay ~ ~ ~>~ ~~; r: RegU@St o soo isoo n. A request for approval to rezone approximately 37.7 acres of land from "A" (Small Lot) to "F" (Honea Heights III Specific Plan). 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 compphhlete adnvd conclusions drawn from such information are the responsibility of the user. In no event shall The Town of Marana become liable to users of these da~~ou~a~~oun~~ nn~e{innY l~arChdi{~ct2i8~1i~ectPsapee i~biro~ic~~al or consequential damages, including but not limited to time, money or goodwill, arising from the ' /~~ MARANA ~,`^^ ~/ 1 PLANNING & ENGINEERING APPLICATION 1. TYPE OF APPLICATION Check One ^ Preliminary Plat ^ Final Plat ^ General Plan Amendment ^Variance ^ Development Plan ^ SWPP ^ Landscape Plan ^ Native Plant Permit "'~ Specific Plan ^ Conditional Use Permit ^ Rezone/Specific Plan ^ Native Plant Exception ^ Significant Land Use Change ^ Minor Land Division ^ Water Plan ^ Annexation ^ Improvement Plan (specifv ty pe in Description of Project box*) ^ Other 2. GENERAL'DATA RE UIRED Assessor's Parcel Numbers "' % ) ~° ~ ~ ~-~ j~,~ j ~' hGeneral Plan Designation To be confirmed b sta Gross Area (Acre/Sq. Ft.) _ ~ `I ~ - `~ ~""~~_° V E~ Current Zoning To be confirmed b sta Development/Project Name ~~~~ ~~~•S ~i~1.1_ ^i Proposed Zoning Project Location ~ ~ .~..~J Description of Project* -7 Property Owner ~ ~;{~`~;j ~; rY ~ a~t~G~t'~~G1L Street Address ~ l ~~ • ~` ~ ~ C ~)~~ ~,~ ~`v~.1; ~y 4 ~ C~ ~'-'c~ C"1 ~. Ste y'~ G.a ~-•, ~~~ ~ ~ Phone Number ~c t~~ Fax Number S~ l~c~, Mail Address ~V~r t t~ x~~~ r'Y t c~~tr~ Gc . C.c. Contact Person , Phone Number / E-mail Applicant ~~Y-~-).~- Street Address City State Zip Code Phone Number Fax Number E-Mail Address Contact Person Phone Number / E-mail Agent/Representative C., ~7 ~_~. Street Address City State Zip Code Phone Number Fax Number E-Mail Address Contact Person Town of Marana Business License No. 3. AUTHORIZATION OF PROPERTY OWNER I, the undersigned, certify that all of the facts set forth in this application are true to the best of my knowledge and that I am either the owner of the property or that I have been authorized in writine by the owner to file this application and checklist. (If not owner of r/~ord, attach written authorization from the owner.) A °== ~%t ~` t•~~`~T~'•,-t. ` l.~t t ~~` ~~ ~1~~ ~. fv`~{ i ~:'~ ~ I ~~ ~ f Print Name of A IicantlA ent Si nature Date 11555 W. Civic Center Drive, Bldg. A2^Marana, AZ 85653-7003^Telephone (520) 382-2600^Fax (520) 382-2641 rJ~ Regular Council Meeting -March 16, 2010 -Page 71 of 191 "w. _ ~. _ T ~.. `#: Y ~f ° . " ~ ~,:. Honea Heights III a'.14 ~,~~ !`. , t 4. ~''~ ~~~ ~ ~ ~` Specific Plan ., - ~: T ~~~~~ ~ ~ ~~:~ #°~~ ~ ~~. Case # PCZ-09048 ° ~a' "* ~` ~; ~~ 31 ~.. ~.. 4~~. R,.~ .~ ~« ~. LII L• ±~ ~ tr1 ~y .~1~ ~r` ~ - 1 Ir 4' k. ~'r ~ ,,j ~~ °'"~ 'l+`~, °F MwX ¢~~ ,,,` ~„ kc ~. ~ 4 4r +p ~t ~~ ,° '"`~'*' y' ~ 4k• #' .~ '~'' 6 ''' ~,.~ e ^ °~- x. . HONEA HEIGHTS III MARANA, ARIZONA Submitted by: THE TOWN OF MARANA 1 1555 WEST CIVIC CENTER DRIVE MARANA, ARIZONA 85653 r~ f ~~ 520.382.1900 . , '~ ~ ~ ~ ~ ~° • ~ ,~•~ ~ • TABLE. OF CONTENTS Introduction General Statement .......................................................................................................... .. 5 Project Overview ............................................................................................................. .. 7 Specific Plan Summary ................................................................................................... .. 7 Location ....................................:..................................................................................... .. 8 Authority and Scop .......................................................................................................... .. 8 Legal Description ............................................................................................................ .. 8 Exhibit 1.C.a: Location and Vicinity Map ......................................................................... .. 9 Exhibit 1.C.b: Regional Map ........................................................................................... 10 Development Capability Report Introduction ......................................................................................::............................. 13 Exhibit 2.A: Development Context Map .......................................................................... 14 Existing Land Uses ..............................................................................................:.......... 15 Exhibit 2.6.2a: Existing Land Use Map ........................................................................... 18 Exhibit 2.6.2b: Existing Zoning Map ............................................................................... 19 .Topography and Slope .................................................................................................... 21 Hydrology ........................................................................................................................ 22 • Vegetation ....................................................................................................................... Exhibit 2.E.a: Vegetative Zones ...................................................................................... 24 25 Exhibit 2.E.b: Ariziona Game and Fish Letter ................................................................. 26 ~Idlife ............................................................................................................................ 27 Soils and Geology ........................................................................................................... 27 Exhibit 2.F: United State Department of the Interior, U.S. Fish and Wildlife Service Letter .................................................................................................................. 29 Exhibit 2.G: Soil Map ...................................................................................................... 31 Environmental Services .................................................................................................. 32 Viewsheds ..........................:............................................................................................ 32 Exhibit 2.1.a: Site Photo ...................................:.............................................................. 33 Exhibit 2.1.b: Areas of High Visibility Map ...................................................................... 35 Traffic and Road System ................................................................................................ 36 Recreation and Trails ...................................................................................................... 37 Exhibit 2.K: Open Space, Trails, and Recreation Map .................................................... 39 Cultural Resources ........................................................:..:............................................. 40 Affordable Housing ......................................................................................................... 41 Existing Infrastructure and Public Facilities .................................................................... 42 Exhibit 2.N.a: Sewer Services Map ................................................................................. 44 Exhibit 2.N.b: Fire Services Map ..................................................................................... 45 Exhibit 2.N.c: Water Service Letter ............................._................................................... 46 Exhibit 2.N.d: Water Services Map ................................................................................. 47 • Exhibit 2.N.e: School Location Map ................................................................................ E hibit 2 O M H C i M 48 0 x . .a: c arg ompos ap .................. ..... .................................................... te 5 Development Plan Purpose and Intent .......................................................................................................... 53 Goals and Objectives ...................................................................................................... 53 Relationship to Adopted Plans ........................................................................................ 55 Compatibility with Adjoining Development .................................................................:.... 57 Land Use Concept .......................................................................................................... 57 Exhibit 3.E: Honea Heights Conceptual Design .............................................................. 58 Grading Concept ............................................................................................................. 59 Post Development Hydrology ......................................................................................... 60 Environmental Resources ............................................................................................... 61 Viewsheds ....................................................................................................................... 61 Circulation Concept Plan ................................................................................................ 61 Exhibit 2: Town of Marana, Traffic Engineering Division Interoffice Memorandum 05/05/2008 ............................................................................................... 63 Landscape Concept Plan ................................................................................................ 64 Open Space, Recreation, Parks and Trails Concept Plan .............................................. 64 Cultural Resources ......................................................................................................... 65 Infrastructure and Public Facilities .................................................................................. 65 Development Regulations Purpose and lntent .......................................................................................................... 69 General Provision ........................................................................................................... 69 Development Standards ................................................................................................. Environmentally Responsive Building Standards ........................................................... 70 71 • Design Standards ........................................................................................................... 73 Open Space .................................................................................................................... 74 Landscaping .................................................................................................................... 75 Streets ............................................................................................................................. 76 Affordability ..................................................................................................................... 76 Implementation and Administration Purpose and Intent .......................................................................................................... 79 General Responsibilities ................................................................................................. 79 Development Review Procedure .................................................................................... 79 Design Review Process .................................................................................................. 80 Phasing ........................................................................................................................... 80 Specific Plan Administration ................................................... ..... 80 Appendix A: Legal Description Town of Marana -Parcel 1 ...................:......................................................................... 85 Town of Marana -Parcel 2 ............................................................................................. 86 Town of Marana -Parcel 3 ............................................................................................. 88 Appendix B: Plant Palette Tree Palette .................................................................................................................... 91 Shrubs ............................................................................................................................. 91 Vines ............................................................................................................................... 91 Cacti ................................................................................................................................ 92 • • I. INTRODUCTION General Statement Marana's leadership recognizes the value of offering a wide variety of housing options balanced to preserve existing housing stock, meet the changing needs of current and future residents, promote economic growth, and enhance the character of the community. They also understand that careful land and circulation planning offers developers opportunities to bring creative ideas to fruition and gives farmers and environmentalists the open-space and habitat protections they require. This plan has been developed as a guide to facilitate sustainable growth and create a livable community with vibrant neighborhoods that promote diversity, advance inclusivity, and celebrate Marana's hometown feel. The elements of this plan are intended to foster quality planning and development, encourage the availability of affordable housing to all sectors, and promote energy efficiency to further the economic stability of the region. The Honea Heights III Specific Plan addresses the first three housing objectives outlined in Marana's General Plan. The housing plan, adopted by the Town's Affordable Housing Citizen Advisory Commission and as part of the 2007 General Plan, recognizes that the area's supply of affordable housing is extremely limited and calls for the provision of sufficient availability and variety of safe, decent, and appropriate affordable housing stock within cohesive neighborhoods that meet the needs of present and future Marana residents. The objectives being addressed by the Honea Heights III Specific Plan are to: (1) promote quality residential development along with diversity in housing type; (2) encourage the development of affordable owner-occupied housing units; and (3) encourage and promote community efforts to revitalize mature neighborhoods. • :7 Introduction • A. Project Overview The Honea Heights III Specific Plan is a Town of Marana sponsored mixed-income residential infill project as part of a redevelopment strategy intended to increase the availability of affordable housing and address a need for enhanced neighborhood infrastructure in older Northern Marana neighborhoods. The Town intends to develop approximately 93 single family units with 50% open space devoted to trails, paths, and park amenities designed to integrate into the Santa Cruz River Shared-Use Path to provide connectivity to the Marana Heritage River Park and neighboring retail development in Gladden Farms. Housing types will vary and may include both attached and detached models. All will be equipped with rear loading garages. Front entrances will be connected by sidewalks and trails. The homes built along.. Sandy Street will face existing development and reflect the height and scale of existing homes. Houses built in the interior will face one another, public courtyards, pocket parks, or the Santa Cruz River Linear Park. Honea Heights III Specific Plan will serve as Marana's first large-scale mixed-income housing development and will introduce a new cooperative development model to expand the number of affordable housing units and boost the economic sustainability of the community. Town staff is working with non-profit partners and federal, state, and local funders to leverage resources to facilitate the sale of homes to lower-income families earning at or below 80% of the Area Median Income (AMI). At least 40% of the houses will be sold to these families with an additional 30 - . 40% of the homes being offered to families earning between 80 -120% AMI, filling a gap needed for workforce housing in the area. B. Specific Plan Summary The Honea Heights III Specific Plan establishes comprehensive guidance and regulations for the development of approximately 38 acres owned by and located in the Town of Marana, Arizona. The Specific Plan outlines the development regulations, programs, development and design standards required for the creation of amixed-income neighborhood with affordable housing units designated and sponsored by the Town and funded under local, state, and federal programs. The Specific Plan also provides the parameters to implement housing and open space development by establishing policies and regulations that replace and/or supersede the current property zoning and other Town development regulations. The Honea. Heights III Specific Plan is regulatory and adopted by a Marana Town Council ordinance upon the recommendation of the Town of Marana's Affordable Housing Advisory and Planning and Zoning Commissions. The Honea Heights III Specific Plan development is designed to provide an innovative mixed- income housing model; preserve the unique characteristics of the native desert landscape, and promote energy efficient and environmentally responsive building. It is anticipated that the Town of Marana will act as master developer for this project and take primary responsibility for the development of infrastructure to include all roads, parks, trails, and • drainage and will retain ownership of all common areas and open-space. Housing development will TOWN OF MARANA I-IONEA HEIGHTS III SPECIFIC PLAN Introduction be completed in partnership with independent builders selected through a proposal process and i contracted through development agreements. All activities undertaking as part of this Specific Plan will meet the standards established by the Town of Marana, its funders, and housing regulatory agencies. The Town of Marana is an equal housing agency. C. Location The Honea Heights III Specific Plan will be developed on three contiguous parcels located south of Sandy Street between Sanders Road- to the west and the Marana Heritage River Park and Gladden Farm Neighborhood to the east, in the Town of Marana. The parcels are bordered to the south by the Santa Cruz River bank protection. See: Exhibit 1.C.a Location and Vicinity Map, Exhibit 1.C.b Regional Map D. Authority and Scope The Honea Heights III Specific Plan has been prepared under authority provided by the State of Arizona in Arizona Revised Statues, Section § 9-461.08. Arizona law allows the preparation of this specific plan based on the general plan, as may be required for the systematic execution of the general plan. Town of Marana Ordinance No. 87-22 provides the uniform procedures and criteria for the preparation, review, adoption, and implementation of specific plans in Marana. Arizona Revised Statues, Sections 36-1403.12 (12)(B) and (C) provides the Town of Marana • authority to: Determine where blighted areas exist or where there is a shortage of decent, safe and sanitary dwelling accommodations for persons of low income,• and Make studies and recommendations relating to the problem of c%aring, planning, designing and reconstructing blighted areas, and the problem of providing dwelling accommodations for persons of low income, and cooperate with the state or any political subdivision of this state in actions taken in connection with these prob/ems. Development and implementation of the Honea Heights III Specific Plan and neighborhood development will be completed pursuant to this authority. In accordance with provisions outlined by these state statutes and Town of Marana Ordinance No. 87-22, a series of public hearings will be conducted by the Town's Planning and Affordable Housing Citizen Advisory Commissions and the Town Council after which the Specific Plan Ordinance may be adopted by the Town Council and become effective. E. Legal Description See Appendix A: Legal Description • TOWN OF MARANA HONEA HEIGHTS III SPECIFIC PLAN i~ i• Introduction Exhibit 1.C.a: Location and Vicinity Map Honea Heights III Specific Plan r' Location and lficinity Map ~` Speafic PCan Boundary tJote~ This'site is k~:,eted in Tkjvns*~ils 31 South, Rar~,k ~1 ® Township. Range, Section Lines I=57a'~, ~kCtlk() ~ ra~~iios: er~:~r: r,Apr~~r~ruPa.~~i~roa~~r 21~snr~aa~ 2775CC-02A Cl 0.5 1 2 x;e u'r<.;r.•-w_'ro.w:c..~. 7i ~ ~~C ~ ~F YM_°F"=.IaJ'b ~_..~.'-1Y~r N'4 rw: ;.[a u.eoavr,.. 41~Ws TOWN Of MARANA HONEA HEIGHTS III SPECIFIC PLAN 9 Introduction Exhibit 1.C,b: Regional Map Hanea Heights III Specific Plan '~ `~ Pegianat P.4ap •, , ~Kn y' :,, Spepfic Pian Boundary ~t~arana t©~~.r~ L writs F~rzrd CoLln2'.' FksiAgrau*adirnatiyc 2G^.',`IF,rFt,..,•..,:F.~x-r~x,-.i:f:. fl 05 1 2 3 a ~ ~~ TOWN OF MARANA HONEA HEIGHTS III SPECIFIC PLAN • • 10 • ~ II. DEVELOPMENT CAPABILITY REPORT 11 Development Capability Report A. lnt~oduction The Honea Heights III Specific Plan presents an opportunity for the Town of Marana to leverage existing land resources to provide affordable housing in amixed-income neighborhood designed to take advantage of the natural components of the property and surrounding area. During development of this Specific Plan a systematic and deliberate analysis of existing conditions, both natural and developed, has been completed to ensure that the housing project and related infrastructure improvements enhance and compliment existing and planned development. This Development Capability Report follows the Town of Marana requirements provided in Specific Plans Application of the Town of Marana Land Development Code [05.06,02 (D)]. Pursuant to this requirement, the following physical components of the site were compiled to assess the suitability of the property for development: • Existing Land Uses • Topography and Slope • Hydrology • Vegetation • Wildlife • Soils and Geology • Environmental Services • Viewsheds • Traffic and Road System • Recreation and Trails • Cultural Resources • Affordable Housing • Existing Infrastructure and Public Facilities The Town of Marana is one of Arizona's fastest growing and urbanizing communities with a varied population of native residents and new-comers enjoying both rural and urban lifestyles. There are twelve (12) existing and approved housing developments in close proximity to the proposed Honea Heights III Specific Plan including Honea Heights I & II, Gladden Farms I & II, Payson Farms, Rancho Marana, Vanderbilt Farms, Las Pilas, Fianchetto Farms, Heritage Park, Barrios de Marana, Marana Gardens, Sanders Grove, and Uptown Marana neighborhoods. In addition, public and commercial development is both pending and underway throughout northern Marana to provide municipal, agricultural, educational, retail, commercial, industrial, and expanded medical services in the near future. None of the projects mentioned above include an affordability component. See Exhibit 2.A: Development Context ., 13 Photo A.1: View from the Santa Cruz Shared-Use Path Development Capability Report txnioit L.H; ueveiopment context TOWN OF MARANA HONEA HEIGHTS III SPECIFIC PLAN • • 14 Development Capability Report B. Existing Land Uses 1. On-Site: Existing Conditions The Honea Heights III Specific Plan is proposed for approximately 38 acres of land previously owned by the Pima County Flood Control District and conveyed to the Town after an expansive extension of the Santa Cruz River bank protection removed vast stretches of land from the floodplain. This bank protection diverts the river away from developedldevelopable areas. Once the new levee system was in place, the former flood protection and reclassified property was abandoned creating an extensive blighted area overgrown with brush and buffle grass, an invasive species plaguing southern Arizona, Not only were large chunks of concrete (formerly used as bank protection) rising up from the desert floor, the property had become a dumping place for discarded household appliances, green waste, and an occasional abandoned vehicle. In 2005, the property was conveyed to the Town. Since then, the Town has been working to reclaim the land for residential use and create parks and open space as part of an overall neighborhood revitalization project. After an initial cleanup, Town crews have worked to remove discarded items, rubbish and public infrastructure alike to help stimulate positive development in the neighborhood. In addition, a fourteen (14) foot wide shared-use path featuring rest nodes, enhanced desert landscaping, irrigation, signage, and connections to existing facilities and trail segments has been provided. The path is intended to accommodate non-motorized users including pedestrians, joggers, in-line skaters, bicyclists, and individuals in wheelchairs and other assistive equipment. Photo B.1.b: View from the Santa Cruz Shared- Use Path north Sandy Street in Honea Heights Zoning The property is currently zoned A - Smali Lot: residential, commercial, industrial, and quasi-public land uses shall be permitted so long as each such land use is conducted on a lot no larger than 2.5 acres and is consistent with the Significant Land Use Change procedure described in Section 05,03 of this Code, This is not, however, to be construed to permit any land use that may be specifically prohibited within the Town of Marana by this or any other Ordinance of the Town of Marana or by State or Federal law. 15 Photo B.1.a: View from the Santa Cruz Shared- Use Path northwest to Honea Heights I II Development Capability Report 2. Off-Site: Existing Conditions and Zoning within a'/z Mile Radius Existing Conditions - Adjacent to the north of the proposed development are Honea Heights I & II. Known as a single neighborhood, Honea Heights is one of the oldest platted areas in Marana. There are approximately 140 homes placed on 200 designated lots in the neighborhood. Lot sizes range from 6,500 to 20,000 square feet. The existing homes include a mixture of site-built, manufactured, and modular construction in varying states of repair and functionality. Some properties are home to smaller farm animals and horses. There are commercial uses including ahome-based beauty shop, a printer, other small businesses, and two churches along the northern and western edges of the neighborhood. The Town of Marana is completing the installation of a sewer system that will serve the Honea Heights neighborhood. Once individual sewer connections are completed, the Town has committed to providing upgraded road and sidewalk construction to help bring the neighborhood into alignment with newer subdivisions. To the east Gladden Farms and to the north Fianchetto Farms and Rancho Marana offer traditional single-family detached housing on lots ranging from 6,000 to 12,000 square feet. Housing types are similar to those shown below, • 16 Photo B.2.a: Existing Honea Heights Residence Photo 6.2.b: Existing Honea Heights Residence Photo B.2.c: Existing Gladden Farms Residence Photo B.2.d: Existing Fianchetto Farms Residence Development Capability Report • The southern and western borders of the project area designated flood plain zones. The Santa Cruz River and levee protection run the full southern length of the proposed project site. Cattle grazing and other agricultural uses are being conducted along the river way. No commercial or residential development is permitted in this area. Table 1: Land Use within a'/z Mile Radius North Residential and Commercial -Honea Heights I & II South Vacant-Agriculture and the Santa Cruz River East Agriculture -Marana Heritage Park Farm; Gladden Farms (single-family residential) West Agriculture -State of Arizona leased ranch land ---__._.___.___._... __ _.._...-------_--_.---._.___.__ _._._.I See Exhibit 2.B.2.a: Existing Land Use Zoning -Adjacent to the north of the proposed development are Honea Heights I & II, which are Zone A -residential, commercial, industrial, and quasi-public land uses so long as each such land use is conducted on a lot no larger than 2.5 acres and is consistent with the Significant Land Use Change procedure described in Section 05,03 of this Code. New • development to the north and east, both proposed and built, consists ofsingle-family detached homes with R-6, R-8, and "F" Specific Plan zoning, Parcels to the south and west are Zone D designated flood plain. Table 1; Zoning Within a'/2 Mile Radius North Zone A -Residential Commercial, industrial and quasi-public land use. Zone R-6- Fianchetto Farms Zone F -Rancho Marana S ecific Plan Sin le-Famil Residential South Zone D -Designated Flood Plain Zone East Zone R-6 and R-8 -Gladden Farms (Single-Family Residential) West Zone D -Designated Flood Plain Zone See Exhibit 2.6,2,b: Existing Zoning • Development Capability Report Exhibit 2,6,2a: Existing Land Use _ - - _.__ ~~ .~.. ~y 4 ,. 'd12 Mlle Radius ~~ _. . ,.,~,, ~; _* ;," __3_._.. 0 0.25 '0.5 1 Miles TOWN OF MARANA HONEA HEIGHTS III SPECIFIC FLAN • 18 Development Capability Report • Exhibit 2.B.2b: Existing Zoning ,~ i4 1±"2 Milt R~d~4s F ~_ R •t F' =t. G r.q i_ S <";.. I;C -- - R`~ ii-E R-§ P.h cpa f5 I~ V fc,FS. ... s>,.~ R R_~. ~-~ Fd-74C a_;j R-14 P -c R_7 ~'~ ~ a1 / R 5 F 3:; ~2-3 R' _ FZ-v ;; R-6 Ft-~aa ~;u F~. D • G • i j" _ _ ~.. -". Cs E r-s Honea Heights iN Specific Plan ~xdsfing Zornng © ..- ~ . ,, - ~ ... -.... - ~ ,.. ~ - . -,r.,~~. XAIlFIp {~ n ~ r r. f. 't .....,. v.+~ ~~ i ~. aM..±Ar+ln~'+atl+"b> n ~ v -..,e. ,.' ~. ^!t.".-f,tl-. R ` ..ra-..t. r....:: c..ln ~ S'-iM'. ?xal[+wcl.".. M , .. ~ .1 an ¢ rrv?r h fr rbYJ(M~M' ~s ~Fw.h .r, t ~.lT nnU-~r t+ -` f sr ~..w ...:arx ~ "a~ '.u...A1wt'xunl f. ~„ ~nlx (+wn*4v h.. i4~l1~Vt4M§ _x.tw. t.{'.... ~ .~4' H r,nW MiE.-r...i,,: j~ f•~[ '~.Y?V ty.~fk Rav dn~4N ~ A[ RNw Y~rv'~w~tnM' . ..w~.a... M.. +t>. • ~€.C.em°Y NcStlg ~.r..,5 °~. I x ~ a>v%.N,M tl C S t FiQ~ b=i~°u 2 Pre U ~~ynuit~ Owti~+M TOWN OF MARANA HONEA HEIGHTS III SPECIFIC PLAN 19 Development Capability Report Building Heights • The project site is bordered by vacant agricultural land to the east and west; the Santa Cruz River to the south; and residential development to the north. The existing development in the Honea Heights I and II subdivisions is predominately single story, Some additional buildings structures in the neighborhood include barns and storage sheds, including structures reaching 20 to 25 feet. Pending and Conditional Rezonings There are no pending actions adjacent to or within a '/2 mile radius of the proposed development area. There are several conditional rezonings including Gladden, Payson, and Fianchetto Farms rezonings, and the Rancho Marana West Specific Plan. SubdivisionlDevelopment Plans Approved There are seven (7) residential subdivisions approved within a'/~ mile radius of the project site. These include Honea Heights I & II, Gladden Farms I & II, Rancho Marana 154, Fianchetto Farms, and Payson Farms. No development plans are approved within a'/~ mile radius. Architectural Style of Adjacent Development The architectural style of the existing homes varies widely with ranch, territorial, and manufactured homes sprinkled throughout the Honea Heights neighborhood, Other developments underway in the area consist of one- and two-story single family detached units built on lot sizes ranging between 6,000 and 12,000 square feet. The photographs below depict the variety of older and new development in the area. • • 20 Photo B.2.e: Existing Gladden Farms Residence Photo B.2.f: Existing Fianchetto Farms Residence Photo B.2.g: Existing Honea Heights Residence Photo B.2.h: Existing Honea Heights Residence Development Capability Report • C. Topography and Slope The Honea Heights III Specific Plan covers an approximate 38 acre land mass removed from the floodway by the Santa Cruz River Levee system. The topography of the adjacent neighborhood slopes toward Moore Road with the exception of parcels facing Sandy Street. The project which is designed to use rain water runoff from this area could save water resources. Guidelines to capture and use rain water will be outlined in Section III -Development Plan. Hillside Conservation Areas No hillside conservation areas exist on this site. Rock Outcrops No rock outcrops exist on this site. Slopes of 15% or Greater There are no slopes greater than 15% within the confines of the proposed building envelopes. Other Significant Topographic Features No other topographic features such as protected peaks and ridges exist on this site. Pre-Development Cross-Slope • The parcel cross-slope is similar to the longitudinal slope. The proposed grades are generally conducive to development. 21 Development Capability Report v Hyd~o~o9Y Off-site Watersheds Eleven (11) offsite watersheds (OS) were identified that generate stormwater which is conveyed onto the Honea Heights property. Offsite watershed OS1 is a commercially developed parcel to the west. OS2 is a single residential parcel to the north-west. OS3-OS5 are low-density residential watersheds north of the property boundary at Sandy Street. OS6-OS10 are low-density residential watersheds to the north-east of the property. Offsite watershed OS11 is an agricultural parcel (State Trust Lands) south-east of Honea Heights. All the stormwater conveyed from offsite watersheds and generated from the onsite watersheds of Honea Heights, is conveyed downstream to the Santa Cruz River. The hydrologic calculations for the offsite watershed were performed utilizing the Pima County Modified Rational Method outlined in the Hydrology Manual for Engineering Design and Floodplain Management within Pima County, Arizona. Table 2.D.a summarizes the hydrologic analysis of the offsite watersheds. Table. 2.D.a OFFSITE HYDROLOGIC ANALYSIS Concentration Drainage Area Length Slope Impervious Runoff Coef. Basin Factor Q100 Point (acre) (ft) (ft/ft) (%) (Cw) (nB) (cfs) OS1 0,95 330 0.012 70 0.822 0.018 8 OS2 0.80 166 0.018 20 0.603 0.036 5 OS3 2.41 426 0,019 30 0,647 0.028 15 OS4 4.40 917 0.011 30 0,647 0.028 28 OS5 5.63 482 0.015 30 0.647 0.028 35 OS6 0.50 194 0.015 30 0,647 0.028 4 OS7 1.37 274 0.033 30 0.647 0.028 9 OS8 1.66 259 0.042 20 0..603 0.036 10 OS9 1.62 308 0.032 0 0.515 0.040 9 OS10 4.87 413 0.019 10 0.559 0.040 26 OS11 14,95 1701 0,006 0 0.475 0.042 38 Retention is not required for the proposed project at Honea Heights, as the residential density will be less than 3 residents per acre (RAC). Off-Site Watershed Features There are no significant offsite natural or man-made features located within the upstream-offsite watersheds of Honea Heights. Under the existing conditions, all stormwater generated within the offsite watersheds of Honea Heights is conveyed onsite as sheet flow. All stormwater generated within the offsite and onsite watersheds of Honea Heights is conveyed to the Santa Cruz River at the existing 3-36" corrugated metal pipe (CMP) culvert, located at the most downstream onsite concentration point. • 22 Development Capability Report • The existing culvert has been constructed to convey stormwater through the levee associated with the Santa Cruz River. The levee is aligned with the southwest property boundary of Honea Heights. The culvert conveys the stormwater generated landward of the levee to the Santa Cruz River. Pre-Development On-Site Study The Honea Heights parcel is bordered to the southwest by a levee, associated with the Santa Cruz River. The onsite watershed is typical of land immediately landward of a levee: shallow depression with no significant drainage patterns. stormwater conveyed through the parcel is conveyed as shallow sheet flow, collecting within the depression. The stormwater would then be conveyed to the .Santa Cruz River at the existing 3-36" CMP culvert. The culvert has been constructed through the levee, bordering the property to the southwest. Under the existing conditions, the 100-year peak discharge at the existing. culvert is 138 cfs. The existing culvert was analyzed under the peak discharge conditions. The required headwater to convey the peak discharge was delineated as the 100-year floodplain. Detention is not required for the proposed project at Honea Heights due to its location in respect to the Santa Cruz River, the regional watercourse immediately downstream of the project area. The time of concentration (tc) of the Honea Heights offsite and onsite watersheds is very short in time with respect to the tc of the Santa Cruz River. Therefore, the peak discharge at the Honea Heights downstream concentration point will occur earlier than that. of the Santa Cruz River, having no • effect of the peak discharge rate of the regional watercourse. No regulatory discharge (Q1oo >?50 cfs) is conveyed onto Honea Heights from offsite watersheds. Under the existing conditions, a regulatory discharge of 138 cfs is conveyed from Honea Heights to the Santa Cruz River at CP E1. Table 2.D.b summarizes the onsite hydrologic analysis under the existing conditions. Table 2.D.b ONSITE HYDROLOGIC ANALYSIS -EXISTING CONDITIONS Concentration Drainage Area Length DZ Slope Impervious Runoff Coef. Basin Factor Q,~ Point Contributing Watersheds (acre) (ff) (ff) (it/ft) (°7°) (Gv) (na) (cfs) E1 E1 37.88 3542 16 0.005 0 0.515 0.037 73 E1 E1, OS1-OS11 76.81 4991 23 0.005 15 0.581 0.038 138 All stormwater being conveyed from Honea Heights to the Santa Cruz River will be conveyed through the existing 3-36" (CMP) culverts. Adequate culvert capacity of the existing culvert will be demonstrated in the developed conditions. Existing Downstream Conditions The existing 3-36" CMP culvert at CP E1 was .analyzed for the existing conditions regulatory discharge of 138 cfs. The required headwater elevation of 1978.4' was delineated as the existing conditions regulatory floodplain for Honea Heights. Case File Includes: Honea Heights Stockpile Plan -Drainage Statement 23 Development Capability Report E. Vegetation Marana's name comes from the Spanish word marana meaning thicket. The first explorers encountered a thick mesquite bosque at the inland mouth of the Santa Cruz River, Marana's roots run deep and the respect for our past and protecting the environment is evident throughout the Town's history and integrated into all the Town's practices. Vegetative Communities and Associates on the Site This site was recovered from the waterway with the completion of the Santa Cruz River Levee System. There are three distinct areas of vegetation on the site all dating from 1993 forward after the area was decimated by floodwaters. Vegetation on the southeast section of the property consists primarily of older velvet mesquite trees in close proximity to one another with some creosote bush along the perimeter (Zone A). The trees are 8-12' tall and appear healthy, although they could use some attention-pruning and cleaning up old debris at the base. Zone B, directly northwest of Zone A consists of younger, smaller and more spread out velvet mesquite. Zone C, the area located closest to the Santa Cruz River was heavily disturbed during construction of the levee system and is overgrown with buffle grass and creosote bush. See Exhibit 2.E.a: Vegetative Zones Significant Cacti, Groups of Trees and Federally-Listed Threatened/Endangered Species The project site contains habitat that may support special status species. In order to mitigate any • potentially adverse effects, the Town will adhere to recommended mitigation measures described in the Arizona Game and Fish Department's online environmental review tool dated 11/21/2007. Additional mitigation measures are described in the Development Plan. There are no significant cacti or threatened or endangered species on the proposed project site. There is a small clustering of velvet mesquite on the southeast corner of the property. No housing development is proposed for that area. See Exhibit 2.E.b: State of Arizona Game and Fish Department Letter Vegetation Densities The project site exhibits little or no density of native vegetation. Portions of the property have been graded for agricultural purposes, others host abandoned flood protection infrastructure. 2a Development Capability Report • Exhibit 2,E.a; Vegetative Zones • i• Nonea Heights Ilt Specific Ilan ~"' " Vegetation Zones ~;. Sonoran Oesert Scrub Specific Plan Boundary 8ackyrou~ct?.may~w: May?LU089rfiY,A+'+atc~yTral~~y .« ,, Fcc1 ~.~...w,.,.4.......~.. TOWN OF MARANA HONEA HEIGHTS III SPECIFIC PLAN 25 Development Capability Report Exhibit 2.E.b: Arizona Game and Fish Letter li ~7, ~t3C~~ Wis. aria "P~ya~ PAC I27Ct ~. ~3ra~Iavsy ~d. iuit ~~#~ `e, A~ SSZ~2 ~~: Euviror~rnentaE &t,~v~w, ?SPA F.aavir€~nmantal Assessment Fran of i+rkizana, ~Io~ata Hei~Its III ?+Fe;glilbori~oad Project I}cat Ma. W yait; aretrY~ ( '1 ~ \~~~~~~ t.a~n~r Rtcr, Preaje~t vatuat~an Spec~Al~st ce: .Laura Baca, ~Qject Evaluatio~tFm~ Suvisor Iaan Scutt, I3aI~_tat Program ?+4auajer, ~cgitsn iJ ~~'Ux4 C~'Pr"7ATS7~'Y ~Er+„SC+~n9LE M.~4INPSAT4~43 f~F.NCY TOWN OF MARANA • HONEA HEIGHTS III SPECIFIC PLAN 26 Development Capability Report F. Wildlife The burrowing owl (Athene cunicularia) is identified as a Sensitive Species and is addressed under the Town of Marana's Draft Habitat Conservation Plan, (HCP) as well as the City of Tucson and Pima County Draft HCPs. Burrowing owls are also protected by the Federal Migratory Bird Treaty Act of 1918 and State of Arizona revised Statute Title 17-235. 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 qualified biologist (town staff or other) will observe all burrows and holes described above, for the presence of recent owl sign. They can be found in locations as diverse as agricultural fields or open land in urban areas. Due to this project site being located within potential burrowing owl habitat, a burrowing owl survey will be completed no more than 30 days prior to ground disturbance by town staff or other qualified individuals. Through the Town of Marana's Habitat Conservation plan, the Town has also mapped this area as containing modeled habitat for the Tucson shovel-nosed snake. The Tucson shovel-nosed snake is protected by Arizona State law (ARS Title 17). In 2004, the United States Fish and Wildlife Service was petitioned to list the Tucson shovel-nosed snake and to designate critical habitat. The snake has been found in areas of northern Pima County and across Pinal County within xeroiparian scrub, creosote bush areas, Sonoran desert scrub and mesquite bisques. Soil type is an important habitat feature with loose sandy soils being suitable for the habitat. • Presence of State-Listed Threatened or Endangered Species No threatened or endangered species occur on the project site, nor does the site support any potential habitat for threatened or endangered species. According to the State of Arizona Game and Fish Department the Western Yellow-Billed Cuckoo occurs immediately adjacent to the project and recommends minimal disturbance and limited the number of trails to be built through the adjacent riparian area as to not impact breeding. A letter from the United States Department of the Interior, U.S. Fish and Wildlife Service concurs. that the project site does not support any threatened or endangered species nor will any critical habitat be affected adversely by the proposed project. See Exhibit 2.F: United States Department of the Interior, U.S. Fish and Wildlife Service Letter High Densities of a Given Species There are no known high densities of a given species on the project site. Aquatic or Riparian Ecosystems There are no aquatic or riparian ecosystems on the project site. G. Soils and Geo%gy The Honea Heights III Specific Plan will provide infill housing built on property previously owned by the Pima County Flood Control District and conveyed to the Town after an expansive extension of the z~ Development Capability Report Santa Cruz River bank protection removed vast stretches of land from the floodplain. These bank . protections divert the river away from developed/developable areas. The following is based on a geotechnical report prepared for adjacent projects and is preliminary in nature. Further testing will be completed prior to and during construction phases of the project. Soils Geotechnical reports compiled from full studies completed on adjacent projects with a shared border to the north and east list identify soils consisting of sands with carrying amounts of silt and gravel and sandy silts to sandy lean clays. This is classified as Arizona gravely sandy loam (Dirt Code AZ Soil Type A). In general, development of the soil is feasible. Some compaction and/or fill with compaction may be required. Geologic Features The site lies within the Santa Cruz River Basin where the topography consists of mountain ranges and relatively flat alluviated valleys. The alluvial material mapped at the site consists of sand, silt, and gravel See Exhibit 2.G: Soil Map • Zs Development Capability Report :7 • Exhibit 2.F: United States Department of the Interior, U.S. Fish and Wildlife Service Letter .~ ~a ~ ~ktl Ln iY J,R.ef-r~ to: 1~~4!"~$ 2210-2t70$-TA-0184 united Stat€s Department of the Xnterit~r I7.5. Fish and ~fldlife.Seirvice ~t~zoua EcQlagi~al Senir~s Field Office 232.1 Nest Royal Patin R.oa.~l, SIUtM 103 Fhoenix, Ari~ons 85021-4951 'Cc;eph<sae: (6172) 242-d21Q Faac: (~SQ2~ 2~}2-25I3 tvfs. Kilnlzerly ~:artsr P?wi~ 127Q East t3road~,+,~ay Rand, Sui~c 1€ Tempe, r'~ri~az~ 85$2 Dear Ivis. Cater . Than:~C you #ar your correspondence of Ianuary 28, 2!,}138. This letter respo~ads to youz recl~st for .t~urzo?icv~ of the Hong. Hcights tit rcighborhoodY located iri the Town of Maratla zn Pima `ountY, Ariza>ca. '4Ne have the following comments rrgaxding this proposedd actiau. '1"l~c proposed f:roject occurs iii wl~t appears ip tae abat~donc~i agricutturzl fields that do not suJsport any pntcntial habitat for thrcatclted or eradaru~cned specie, Wh~l~ the Site s in pxax~tity to the Santa Cruz 12ivez, it currently does nat support any riparian vegetation, nor is such vegetation likely #a develop given the presence of the levy on the soutl sidz of the project. 'i`hcrcfoxc, we bclict^e that.no endangered ar tFtrc~te~ied specie3 or ci7ticak hatai'4at vriiI be a~e~cted . by this project; nor is this project likely to jeopsraize 'the cazatiaued eu~isiance of sny proposed ' spceies'or adversely modify any proposed critica habitat. However, the project area suppart~ potential l~.abitrit for the westcm curra~virg cowl ~~4ihere cunic~lurza hypuga~; ~1aOW}, a species proposed for coverage wattun the Town of i1~ia:-ana's d:sfi ~ahi~t C4nservatian Plan.. The BU4~V is a spades that is experiencing rangewidP deciiYxGS and is also a cove-ed species zn the City of Tucson anc3 Pima Cc inty's habitat eansezvation plans. ?+~ana is c+ac+rdsn3ling tivith these ether municipalities in support of a regional agprvaeh to tltc canser/stic+u of BUOWs. This species is kzfov~~n tc> inhak~it agricw~ral areas and open areas with sparse tregetatioa in the , vicinity of this proj~t. '~Je recotntzeazd that the areas to he disttubed as a result of this gmj act .~arveyed for the presence of Hl~ OWs. For gui~ncc an cr~nduc~ DUOW surveys and cortsen^adan measare5 for tarts species, please con#act the Arzane Game and Fish Departnoeut - (Elissa dstergaaxd; 52Q-383-4446?. 1rJe encourage you to coordinate rei^iew of this project ~^i~ the Az~i7ana Gcune s>rd Fish. Department. The levy and iulcax park prxapased for taus project prociee sn e~celler~t agportunity far i.nstallztion of a.-tificia: hurmw~ frn.~ nesting, urigraul~, and ivu7#ering$UUWs 3s otrtline3 in ~{araaa's dr3t~,i~ahz~# Goirsen^atior- ~lazi. 'Lt~e.reconr~ersd ~^au consider implementing the other alapticable d.~aft B[;0'!~~ conservatioir measures fotand :~vithin tl:e fiabitaLi Coztservation~Plan. _~.. _ _ - . ~ . TOWN OF MARANA HONEA HEIGHTS III SPECIFIC PLAN . - ~ ~ - .. 29 Development Capability Report Exhibit 2.F: United States Department of the Interior, U.S. Fish and Wildlife Service Letter -cont. h.~• iVls. iCunae>3 Slzauid you ~q~rire fiuther assist 4r if yc~ ba~3 ~„ please contact Soon ` Richarrlsan at (52Q) 570-6I SO (x 2~2) of Sherry ~arrc#t 8t (~ ?23), c yt~u far your corsiderauan of enclaAgercd species. 4 Evan I~ e ~~ ~'i~ r cc:: Tawrr of Mar~aaa, F~TViro Divisa~ Mtn, ~A~: J Regiona' Supervisor, A.t~istidna Gam at~i, l~~sh l7~art,'~'ucstm, AZ Assistant Reid Superyiso~, Wi~}j ~ y~ Ay i.4D~cancnzs aM $azin~'~cattri o&~,s~ .dbo TOWN OF MARANA HONEA HEIGHTS III SPECIFIC PLAN 2 • • 30 Development Capability Report Exhibit 2.G: Soil Map i• i, . ; ~. ' ~K~1 ~. ° . i• TOWN OF MAF;ANA HONEA HEIGHTS III SPECIFIC PLAN 31 Development Capability Report H. Environmental Services Two separate Phase I Environmental Site Assessments (ESA) were performed on the project site. Neither of the surveys, January 2004 or November 2006, reported any significant findings in any areas. The ESA provided by Harris Environmental in November 2006 described the nature of the landscape and the type and extent of disturbance as varied throughout the property. A dirt access road crosses the middle of the parcel from North Hester Drive and West Sandy Street to the south side of the property. A flood control levee extends the entire length of the southern portion of the subject property. Another abandoned levee structure is located on the northwestern portion of the subject property between North Honea Drive and east of North Morgan Drive. A small retaining wall runs along the northern portion of the subject property and a culvert is present on the northwestern end of the property. This culvert runs under the berm and is protected by rip rap, A public recreational area is on the southeastern end of the subject property, This recreational area has facilities such as a picnic bench, ramada, barbeque grill, trash bins, potable water, river walk access, and a parking lot. Past uses of the property are associated with agriculture. The eastern portion of the property was used for agricultural purposes in the 1960s through 1980. Case File Includes; Phase I Environmental Site Assessment, November 2006 1. Viewsheds The Honea Heights III Specific Plan site enjoys the advantage of sitting adjacent to a segment of the Santa Cruz River with water flow year round and views of the Tortolita and Santa Catalina Mountains. Viewsheds Onto and Across the Site The topography of the site provides awide-variety of viewsheds based on the viewers' vantage point. Existing homes on the north-east end of the parcels sit at a higher elevation offering expansive views across the property to Picacho Peak in the far distance. Other off-site views across the topography are less spectacular, but do provide adequate visual access to both the Tortolita and Santa Catalina Mountains, Views looking north from the Santa Cruz River Shared- Use Path extend across the property into the Honea Heights developments. Visibility from Adjacent Off-Site Uses The project site is visible from the adjacent neighborhood and shared-use path. Visibility from the houses on the north-east end of the site extends across the property to the Santa Cruz River and beyond. Because of the off-site topography, development in Honea Heights III Specific Plan should cause minimal impact on these viewsheds, See Exhibit 2.I,a: Site Photos and Exhibit 2.I.b: Areas of High Visibility Map • 32 • • Development Capability Report Exhibit 2.1.a: Site Photo 33 ~.,~~- ~.. f ~~ Photo 2: Corner of Wynema and Steele facing south looking toward Santa Cruz River Photo 4: North side of property facing south toward Santa Cruz River Photo 1: Corner of Wynema and Steele facing east looking toward Twin Peaks and the Tucson Mountains Photo 6: Southeast corner of property looking toward Tucson Mountains Photo 3: Corner of Wynema and Steele facing west looking toward Ironwood National Forest Photo 5: Southeast corner of property facing west toward Sandy Street Development Capability Report • ~`' __ u ,~~~ard~v • 34 Photo 8: Facing south looking toward Santa Cruz River Photo 7: Southeast corner looking west toward existing neighborhood Photo 10: Southwest comer of property looking at the Santa Cruz River Photo 9: From the north side of property looking north toward existing neighborhood across Sandy Street Photo 12: South side of property looking north toward existing neighborhood Development Capability Report • Exhibifi2.l.b: Areas of High Visibility Map • • TOWN OF MARANA HONEA HEIGHT$ III SPECIFIC PLAN 35 Development Capability Report J. Traffic and Road System • Existing Roadway Network Moore Road is a two-lane roadway with unpaved shoulders, and was classified as a major route in the Town of Marana Mayor Routes P/an. There are no bike lanes or sidewalks along the roadway in the project area. The western terminus of the roadway is at Sanders Road, where the west leg of the intersection is an access into a Town of Marana maintenance yard. Its eastern terminus is just under three miles east of Sanders Road at the I-10 Frontage Road. The posted speed limit is 35 mph. Sanders Road is a two-lane roadway with unpaved shoulders, and was classified as a major route in the Town of Marana Major Routes P/an. There are no bike lanes or sidewalks along the roadway in the project area. The posted speed limit is 35 mph in the project area. Morgan Drive, Hester Drive, and Whitney Lane are two-lane local streets that provide access to a number of residential properties. There are no delineated bike lanes and no sidewalks along the roadways. Sandy Street is a two-lane roadway to the north of the Honea Heights Specific Plan III area. Sandy Street provides access to Honea Drive, Morgan Drive, Hester Drive, and Steele Drive. The intersections of Moore Road/Morgan Drive, Moore RoadlHester Drive, and Moore RoadlWhitney Lane are three-leg intersections. Morgan Drive, Hester Drive, and Whitney Lane tee • into Moore Road from the south. All three intersections operate with two-way stop control, with traffic on Moore Road allowed to flow freely at the three intersections. There are no turn lanes at any of the three intersections. The intersection of Sanders Road and Swanson Street is a three-leg intersection, Swanson Street tees into Sanders Road from the east. The intersection operates with stop control on Swanson Street. There are no turn lanes at the intersection. • 36 Development Capability Report • K. Recreation and Trails The project borders the Santa Cruz River Shared-Use Path and Santa Cruz River Linear Park on the south and the Marana Heritage Park directly adjacent to the east. The linear park provides a 200 foot buffer between the Santa Cruz River bank protection and the neighborhood offering majestic views of the river's 365 day flow and an expanse of Arizona State ~ - Trust Land to the south. The Heritage Park's ~~ ~,, ~ ~~ ~,~ ~ ~~ demonstration garden and heritage tree grove abut the : ~-- :~-- .--~--~-~~ ry. project to the east. A developed trail system connects ~~~~. <: ~ ~. a, ~ --~={ ~;.~ ,.~ the two providing quick access to the Community Food ~ ~,~~ ~" Bank's farmer's market and community gardens just ~-• next door. ~~.~~- The Santa Cruz River Shared-Use Path is a 14 foot wide ~ ~ ,~ ~~' paved path running 2.6 miles from the western edge of ~ ' '` the Honea Heights III Specific Plan area to the far east '" border of the Gladden Farms Park. The Town of Photo 2.K.a: The Santa Cruz Shared-Use Path connecting Marana has secured funding to complete an additional Honea Heights III to the Marana Heritage Park and Gladden 2.7 miles of the trail connecting it to the CAP trail and Farms Park newly dedicated Tangerine Farms Loop Road trail system, Once this section is completed, the Santa Cruz River Shared-Use Path will run the entire . length of the Linear Park and serve as a connection point from the Honea Heights III Specific Plan site to residential, commercial, and park amenities throughout northern Marana, Directly to the east of the proposed development is the Marana Heritage Park's 300 acres spanning 4.5 miles of the north bank of the Santa Cruz River with views of the Tucson, Silverbell, Tortolita, and Catalina Mountains. The Marana Heritage Park is planned to feature: • Segments of the Juan Bautista de Anza National Historic Trail • The Marana Farm, an organic farm operated in partnership with the Community Food Bank • The Heritage House reconstructed from the original farm house on the property • The Pole Barn is a rustic hay barn with a barbeque pit and picnic tables • Two reconstructed adobe buildings -home of the Marana Historical Museum and Cultural Plaza • The Marana Heritage River Park Rail Road a one mile trip along the river on a 15 gauge train • The historic Beard House - home of the Marana Natural Resource Center • 37 Development Capability Report Along the Santa Cruz River Shared-Use Path approximately one (1) mile southeast of the project site is • the Gladden Farms Park, a public facility with little league baseball fields, a soccer field, playgrounds, climbing rocks, shade pavilions with tables and grills, and a grassy picnic area. Gladden Farms Community Park features: • 2 little league fields • 1 soccer field • 1 pavilion (4 tables & grill) • 1 picnic area (uncovered) • Playground area • Access to Santa Cruz Walking Trail • Restrooms The Town of Marana's largest public park, the Ora Mae Harn Park is located approximately two (2) miles from the site and boasts 44 acres of amenities including covered ramadas, lighted ball fields and courts, an outdoor swimming pool, and an active senior center. Ora Mae Harn Park includes the following amenities: • 5 lighted ball fields • 1 lighted soccer/multi-use field • 7 covered ramadas • 2 lighted tennis courts • 1 outdoor swimming pool • 2 lighted covered playground areas • 1 senior center • Restrooms See Exhibit 2.K: Open Space, Trails, and Recreation Map • • 38 Photo 2, K, b: Gladden Farms Park Photo 2.K.c: Ora Mae Harn Park Development Capability Report • Exhibit 2.K. Open Space, Trails, and Recreation Map ~,,. • ~* V ~~ `~~- `~.. ,, ,~;~ _. :. .. ,,, r r ..~ ~~ ~ I ~~" 44 ~ t ~ro.~~ { ~ ~5 .e Honea Heights Ill Specific Plan rspen Spar, Trails, and Rearea4on Exi:J~ng Trailer. Proposed Trask; ® ~xistirg Park,. Proposed Parks © ar{?ef~'r1. Plan Boundary SneJ;grtSUn~lfmr~C.~ .Silly .°~IX77 fJAlAAdrd P~ralpgaPhY 0 05 1 2 rra: a ~r~ann n x ,~.+ sr. fV'.P_5 w , a a t4l .}' lY Pan hsx C.rMypnca PK~ '..:"<t»/ ta.rs!saw kn _ _ TOWN OF MARANA HONEA HEIGHTS III SPECIFIC PLAN 39 Development Capability Report L. Cultural Resources • No cultural facilities will be affected as part of this project. A total of nine (9) archaeological sites are known within a one (1)-mile radius of the Honea Heights III Specific Plan area, mostly consisting of small artifact scatters containing plain sherds and lithics. These sites were recorded in the 1980s as part of a series of large-scale pedestrian surveys conducted by the Arizona State Museum. No evidence of large-scale habitations, such as villages has been found. Although little in the way of archaeological investigation has been done within the boundaries of Honea Heights itself, a recent archaeological survey for the Honea Heights III Specific Plan by PMC did not locate any cultural resources within the boundaries of that development. Although large village sites are common along the Santa Cruz River, it is probable that any sites that may have existed were either (a) located further back from the river, or (b) have been covered with alluvium. This survey will be submitted as part of the environmental survey under separate cover. Marana's geography and hydrology combine to make it one of the richest areas for cultural resources in the Tucson Basin, There are over 1,000 archaeological and historic sites located within the town, including Los Morteros, the Marana Mound Site, the Dairy Site, the Costello King Site, and a portion of the Juan Bautista de Anza Trail, established as a National Historic Trail in 1990. The Santa Cruz River Corridor Plan recognizes three heritage themes along the river corridor, The first theme involves Hohokam and pre-Hohokam archaic periods as there are several archaeological sites along the river. A second heritage theme encompasses the Juan Bautista de Anza National Historic Trail along with two Anza campsites in the study area, A third theme focuses on the 20~ century history of Marana relating to recent cultural, farming, ranching and equestrian history. The Santa Cruz River study advocates • celebration and interpretation of each of these themes. Residents of Honea Heights III will have direct access to these cultural linkages along the Santa Cruz River through the trail system. This project will adhere to Title 20 -Protection of Cultural Resources in the Town of Marana Land Development Code which is designed to guide the preservation and treatment of cultural resources impacted or potentially impacted by private development • 40 Development Capability Report M. Affordable Housing The Honea Heights III Specific Plan calls for 40 affordable units in an approximate 93 unit mixed- income infill project as part of a redevelopment effort in a Colonia (any identifiable community in the U.S.-Mexico border regions of Arizona, California, New Mexico, and Texas is determined to be a Colonia on the basis of objective criteria, including lack of a potable water supply, inadequate sewage systems, and a shortage of decent, safe, and sanitary housing). The project designates units for specific income ranges including 33 for families at or below 65% Area Median Income (AMI); 7 for 65- 80%; 20 for 80-110%; and 15 for employees below 110% participating in an Employer Assisted Housing Program (when funding is available). The Honea Heights III Specific Plan is filling a tremendous void in the affordable housing market in Marana. Over the past 10 years very few designated affordable units have been built in a 25-mile radius. The only affordable units developed in the Town have been scattered-site infill developed by or in partnership with the Town on land in the Town's inventory or purchased using Community Development Block Grant funding. The need for affordable housing extends across the state. The Arizona Department of Housing reports in the September 2009 General Trends in Arizona's Housing Market that the hourly wage needed to purchase a median priced home ($165,000) in Pima County is $22.96. Even in a declining market, Marana's median home price is well above Pima County's at nearly $300,000. Marana's median hourly wage is $25.41 with a large number of families living in the rural areas earning far below that level. Marana's wagelhousing costs scale is a strong indication that the lack of affordability has hit crisis levels. The daily calls to the Community Development Department reflect these statistics and have put a face on level of demand in the community. The numbers from the State Housing Department confirmed the affordable housing crisis that has been on Marana's Council radar for the last few years. The affordability problem was accentuated in 2006 and 2007 when the Council designated $100,000 in employer assisted housing dollars for employees earning below 120% AMI to purchase homes inside Town limits. Of the 40 employees who completed homebuyer education and actively looked for housing, only five have found housing priced in a range they qualified for even with the added assistance of a 5% down payment and closing costs offered by Town officials. The inability for the Town's own employees to afford housing in the jurisdiction emphasizes the trend. If Town employees do not earn enough to live in the community where they work even though their earnings exceed those reflected in the town's general population, the Town needed to step in to make something happen. The same inability to find affordable housing is reflected in statistics gleaned from the area's other major employers-the Marana Health Center, Northwest Fire, and Marana Unified Schools. Like the Town, all of these vital community lifelines report that their workforces are forced to commute long distances to find housing and would be interested in homes built in the Town. Town of Marana affordable housing inventory consists of the following projects; Marana Apartments, 13387 North Lon Adams Road, Marana - 80 one-, two- and three- bedroom apartments built using Low-income Housing Tax Credits and local subsidy. 41 Development Capability Report • EI Memorial de Don Frew Apartments, 11941 West Grier Road, Marana -Thirteen (13) one- • and two-bedroom apartments designated for Section 8 vouchers. Scattered site single-family homes, various addresses -Nine (9) designated low-income constructed by the Town of Marana and sold with forgivable second mortgages. N. Existing Infrastructure and Public Facilities The Honea Heights III Specific Plan covers an area of northern Marana with existing infrastructure that meets the needs of existing residents and has been designed to accommodate additional planned growth into the near future. Sewer Services Sewer services will connect to infrastructure currently under construction in the Honea Heights Neighborhood, See Exhibit 2,N,a: Sewer Services Map Fire Service Fire services are provided in the project area by the Northwest Fire District. Northwest Fire District has a fully staffed and equipped station (#36) located near the Town of Marana Municipal Complex on Marana Main Street about 1,25 miles from the Honea Heights III development site. Fire hydrants and fire flow for the project shall be approved by Northwest Fire District, installed, tested and available prior to the introduction of combustible construction materials on any lot. See Exhibit 2.N.b: Fire Services Map Water Existing Wells -There are no existing wells on the project site. Water Service Letter -The project site is located within the Town of Marana Water Service Area, There is an assured water supply. This does not imply that there is currently water service to the site, A water service agreement between Community Development Department and the Water Department is needed, See Exhibit 2.N.c: Water Service Letter Non-Potable Water Use -All new developments in Northwest Marana are required by the Town to implement anon-potable water system, Non-potable water use is required for the irrigation of landscaped open areas, recreation sites, and public facilities. See Exhibit 2.N,d: Water Services Map 42 Development Capability Report Schools The project site is located within the Marana Unified School District. Estes Elementary School, Marana Middle School, and the Marana Plus Alternative School are located approximately 1.5 miles north-east of the project area. Marana High School is located approximately 4.5 miles from the location. Students will have access to bus transportation to Marana High School. • Estes Elementary School, 11279 West Grier Road, Marana (approximately 1.5 miles northeast of the project area) • Marana Middle School, 11279 West Grier Road, Marana (approximately 1.5 miles northeast of the project area) • Marana High School 12000 West Emigh Road, Marana (approximately 4.5 miles southwest of the project area) See Exhibit 2,N.e; School Location Map Public Utilities The Honea Heights III Specific Plan site is served by a number of private utilities including electrical power, natural gas, and telecommunications companies, The area is also included in the Cortaro-Marana Irrigation District. • Electrical Power The project area is served by Trico Electric Power. • Natural Gas Southwest Gas Corporation has existing facilities in the area and will provide natural gas to the project site. • Communications Telephone service and line installation is available in this area through Qwest Communications. Comcast Cable has cable service in the area and will likely provide service to the project area, including digital telephone and Internet access. 43 Development Capability Report Exhibit 2.N.a: Sewer Services Map Honea Heights III Specii"ic Plan '`~ Existing $evrer E_ines Specifiv Pian Boundary Sewer Ifnes 8acK4~irn+d ImaQt:: Jte'Y c'~p] N.vP t+c+ra~~ P~+p~rar~Y 0 QS 1 2 h++kr~ e.r.y k,.,mrur.H. TOWN OF MARANA HONEA HEIGHTS III SPECIFIC PLAN • r 44 Development Capability Report • Exhibit 2.N.b: Fire Services Map ° ~ -~. ,,~ ~~~. ~ ~ is ' '~` °~ ~- „ { *~ 1 "~ .. ~ r~ ~. .. '. u Hones Heights III Specific Plan Fire Services 1 i '+a11F. KF* s^7aiY~ Q :kves5<Na•11t+rdr~f/ 8se&grx~11k7 finec}?: A:~r'~' 2~1!A5 PAG L1rlltm ~':~ieA`~y 6 Q.5 t ~ . w ,. „r}..,,~..,.. Mlles 'vr~ t.>an [tows.. TOWN OF MARANA HONEA HEIGHTS III SPECIFIC FLAN 45 Development Capability Report Exhibit 2.N.c: Water Service Letter • ~r1~ A ' AA ~~~~f-1 ~/ rowrt o~ r Isnuary , 2014 w~ T. Van Hook flown of Maratta 1155 W. Civic Center I}r. Marano X5653 Dear wfs. Vitt F~ook; Re: ~-+anrx i-~~ltts III WATIIt 'PPLY The I`own of Mama has bcc~ designated by the Efate of Arizoea, Deparfineztt of Water Resc~urcesr as having au asswed water supply. Phis does not mean that water slice is currerttty svaitaBle to the proposed dcvc}opmenG • 'Etta dcvelogntetrt Iii ehin the Boundary of the Tawn of 1+tarana water gervioe area. Thexeore, water ~,gty is as.,ured~ ti'VAT'ER S~RViC~ The appro*~'al of wa.ttr meter appleationS ix suB,~ect to tttt availability of water service at the time sex appticatiox- is made- ~"he dev~clo~r shall Be rcxtrlireal w submit a water vicx a identif}~ing water vsc,, fire flew requireanents and all major on-site and off-site Evater' farititiea. T1ze developer at his own dense shall construct s water distribution system to scrr~ the dev~apetst and transfer title of the ~ to the Town of Mazana, in consideration the Town of l4larana shah. apzrate, maintain and service thr system. W'ttez~ tale grater scxvice a eut is irtitiatcd wt would Bt happy to complete the utilities ch::ek1 iss. 'i he commcnta node herein arc valid fear a period of oztc y~r oaty. I€ycsu have mny elurt~tis, ptease cnli our ofuee at 3g2-257{!. Sincerely, ~~ , l~~r~ithv ex~ tJ11IYti I~~rector $1(iQ V{ I#~G4 R ' ~, Q5143. ~ Plt E>~11 SQ2857t1 ~ ff4K; 3b"t•~4t! ~ r[r., 3~•3@49 TOWN OF MARANA • HONEA HEIGHTS III SPECIFIC PLAN 46 Development Capability Report • Exhibit 2.N,d; Water Services Map • Hones Heights III Specific Plan Ix~stiny water t_~nes Water Lines Specific Plan t3nundary SerF~raunrlArrapW_ .k1yZL+OTNIUPAenetP~odpgis~a'ry Q ~.~ i c~ ful+ va~_daRe~k e:,t.*.e+ywne...er TOWN OF MARANA HONEA ~-IEIGHTS III SPECIFIC PLAN 47 Development Capability Report Exhibit 2.N.e: School Location Map x k, . k, ~ is-.. 1 ""~'i ~~_.~~_ ~ t'~[ r'~ c y ...t,~ ~ 14'x+. ~,~.a i :s .,\..V' +~ t ~` Honea Heights III Specific Plan MUSD Scho~s t + ,~~^ ESTESELEMENTARYSCHODI. ~-'-- MARANACAREERAND TEC6iNlGALHIGH SCHOOL MARAI~.AM1pDLE SCHOOL Q Specibc Plan Bcundary £acRprarr~dlmaps.' Apri9 2U98 PAG :)rtho F'±'abprara+ry' o t~,s r x- U C.xe-rsutY ~i+'~ 1/~Ii1B ~i4a~'bm~Nh4 atr+~mbysboa.w TOWN OF MARANA HONEA HEIGHTS III SPECIFIC PLAN • 48 Development Capability Report 0. McHarg Composite Map Information regarding topography, hydrology, vegetation, wildlife and views has been combined to form the McHarg Composite Map. See Exhibit 2.O.a. McHarg Composite Map • as Development Capability Report Exhibit 2.O.a. McHarg Composite Map Hones Heights III Specific Plan ~'';, Composite Map ~ Mats' Q °AeCttec Plan Bawicsan~ mere lens huh oensrr~ uegetat~^~ on srte. hi~l1'd~Sibtrt}'At~a There arc na sigri'wM ~vildks'r hablals ars si:e r PICt~d~&y Caataur f(1'eC'1ai$ Afe 2 TI. Thtrre arg ob .JoP6s over 15 Aeresanf on srtr3, ~~ Tlw_re are rta roCec ouiaroprs an site. 8ac/areurad (mayr: play ?t708 Qri~"aapbceogray-.hy n o.zs os -.~~e: ~. ....- TOWN OF MARANA HONEA HEIGHTS III SPECIFIC PLAN • • 50 III. DEVELOPMENT PLAN • 51 Development Plan A. Purpose and Intent The Town's leadership understands that careful land and circulation planning offer developers opportunities to bring creative ideas to fruition and farmers and environmentalists the open-space and habitat protections they require. They have also identified the need for safe, decent affordable housing as a priority. The Honea Heights III Specific Plan offers the Town of Marana an opportunity to guide the type, location, density, and community character of amixed-income development that will increase housing options for the growing number of families who fall beneath the income floor required to purchase market rate housing in Marana. Current market factors have established the cost of new housing developments, planned and in progress, beyond the reach of families at or below 120% of the current AMI. Current new and resale home prices preclude a large segment of the community from home ownership. The lack of attainable housing has created a crisis situation where a growing number of individuals employed by Marana businesses are forced to reside outside the Town limits. The Honea Heights III Specific Plan is one step in helping reverse this trend. This section contains a description of the goals, objectives, and policies for the Honea Heights III Specific Plan. The various components of the plan will lay out in detail the Town's vision for the environmentally responsive development; its commitment to providing affordable housing; and document its relationship to along-term vision for Northwest Marana. • The development plan has evolved through a thorough site and market analysis. It is driven by the commitment to develop amarket-rate product that meets or exceeds the high standards in design and construction and remains affordable for qualified buyers through federal, state, and local subsidies. The second driving factor is an extensive public process where both the Town of Marana's Affordable Housing Citizen Advisory Commission and members of the public have participated in the design of the project. The following section will address development-related issues, the form of proposed physical improvements, guidelines for future development, and technical information and regulations. B. Goals and Objectives The Honea Heights III Specific Plan is intended to guide development of the site and provide direction for the community design and conservation principles. This Specific Plan is intended to implement Town of Marana policies for affordable housing, residential design, and the Northwest Marana Area Plan while providing a unique development that meets the needs of the site, community, and environment. Development criteria established in this plan ensure quality design that considers the local environment, energy and water use, vehicle, pedestrian, and bicycle traffic circulation, and the use of public open space. The design of the community will include use of a number of environmentally friendly conservation techniques. These include on-site water harvesting with cisterns to contain water for later use. Slopes of driveways will be graded and designed for rainfall runoff. Rooftops and cisterns will aid in capturing TOWN OF MARANA HONEA HEIGHTS III SPECIFIC PLAN 53 Development Plan large volumes of water. Water conservation and reuse through water harvesting, greywater recycling, , and rain gardens are among the other methods to be used. To promote more environmentally friendly construction, every effort will be made to provide energy efficient design and construction wherever feasible. Regional materials from the surrounding communities will be used when possible for home and infrastructure construction. To ensure greater indoor quality of life, heating, ventilation, and cooling (HVAC) systems designed to meet or exceed the 1999 American Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE) requirements will be installed in conjunction with low-emitting materials and superior ventilation systems. Sustainability of the built environment is an important aspect of the overall land plan as well as the building forms. Building designs offer appropriately scaled windows relative to solar orientation and overhangs.. Insulation values for the roofs and walls along with energy efficient appliances and equipment will offer reduced maintenance and energy costs. Other aspects of the project that are considered sustainable include proximity to existing and planned rural transit systems; existing water and wastewater infrastructure; connectivity to residential and commercial areas; compact development; access to public spaces; use of recycled materials for site and building construction; separating of materials for recycling during the construction process; and neighborhood recycling and composting. The development goals established for the Honea Heights III Specific Plan included: • Promote the development of affordable housing as an element of the Honea Heights Neighborhood redevelopment strategy called for in the 2007 General Plan; • Create a mixed-income development that is compatible with existing and planned development; • Encourage affordability through the use of federal, state, and local housing incentives; • Establish standards that encourage quality design, energy efficiency, and a rural southwestern aesthetic; • Build a community that promotes bicycle and pedestrian circulation along an established rural transit corridor; • Develop uniform regulations for land use, circulation, landscaping, recreation facilities, and open space; • Ensure coordinated, responsible planning through the use of cohesive procedures, regulations, and guidelines; and TOWN OF MARANA HONEA HEIGHTS III SPECIFIC PLAN 54 Development Plan • Provide a framework for the management and administration of the Specific Plan. This Development Plan provides the. following elements to describe the proposed physical improvements, guidelines for future development, technical information, and regulations: • Relationship to Adopted Plan • Compatibility with Adjoining Development • Land Use Concept Plan • Grading. Concept • Post Development Hydrology • Environmental Resources Viewsheds • Circulation Concept Plan • Landscape Concept • Open Space, Recreation, and Parks and Trails Concept • Cultural Resources • Infrastructure and Public Facilities . C. Relationship to Adopted Plans Marana is a "Smart Growth" community with sustainability goals and policies that set direction for proactive planning, neighborhood design, smart development standards, environmental stewardship, and the economic and social well-being of the entire community. The Town of Marana's 2007 General Plan designates the project site as Medium Density Residential (MDR). This designation is characterized by single-family detached and attached homes on moderate lot sizes at a density of 3.1 - 8.0 residences per acre. As the master planning document for "Smart Growth" in Marana, the General Plan calls for: Diversity in housing should include a wide range of housing types and costs -upscale single family on large lots with custom homes, various sizes of detached single family lots, attached single family homes in the form of twin homes, townhouses or condominiums, green court housing, multifamily apartments and manufactured homes... ...As Marana grows, residents will need a range of housing types from entry level rental units and small owner occupied units to assisted living. In addition to traditional single family residences, future development should include single family attached and multi-family housing through inclusion in appropriate areas that integrate housing, commercial, and employment centers. With increasing employment, this diversity of housing will give residents greater opportunities to live and work in the Town. TOWN OF MARANA F10NEA f-IEIGHTS III SPECIFIC PLAN 55 Development Plan The General Plan also describes a need for the development of affordable housing .stating that: >~ Solutions to this problem may include encouraging new multi-family housing construction, working with community partners to integrate affordable units into planned developments, and increasing programs aimed to low- to moderate income families. Marana's Community Development Department is working to strengthen partnerships with community and faith-based programs to help broaden program activities, assist more Marana residents, and maximize outcomes by leveraging resources. The Town is expanding and to enhance ongoing, and developing new programs to kick-start Marana's affordable housing planning process. The Town, Old Pueblo Community Foundation, Habitat for Humanity-Tucson, Chicanos Por La Causa, and neighborhood representatives will continue working with the Arizona Department of Housing, Pima County's Community Development Neighborhood Conservation Department and the Drachman Institute to develop comprehensive neighborhood revitalization programs in the five designated Colonias; Honea Heights, Amole Circle, Berry Acres, Price Lane, and Marana Vista Estates. The Honea Heights III Specific Plan addresses the housing objectives described above in several ways. First, this Specific Plan will provide a variety of housing types including both detached and attached (twin) single-family homes within atwo-mile radius of three of the Town's largest employers and adjacent to the rural transit line and the Santa Cruz River Shared-Use Path connecting new homes to recreation, commercial, and employment centers in neighboring Gladden Farms. Secondly, the Specific Plan calls for 40% (minimum) of the homes to be designated for families qualifying under low- to moderate-income guidelines assuring a new supply of affordable units for working families. And finally, Honea Heights III Specific Plan is designed as part of an overall redevelopment concept for the Colonia, providing infrastructure improvements, developed trails, parks, and other amenities while setting aside undeveloped. open space along the linear park and buffering the Marana Heritage Park. This Specific Plan will mix attached and detached single family homes, all equipped with rear loading garages. Front entrances will be connected by sidewalks and trails. The homes built along Sandy Street will face existing development and reflect the height and scale of existing homes. Houses built in the interior will face one another, public courtyards, pocket parks, or the linear park buffering the Santa Cruz River Multi-Use Path. Keeping some of the design elements in neighboring developments, land contouring, water retention and drainage areas will be landscaped and/or developed with appropriate park amenities. The Honea Heights III Specific Plan falls within the Urban Southwest Planning Area. of the Northwest Marana Area Plan. Although the General Plan supersedes many of the elements established in the Northwest Marana Area Plan, it provides detailed descriptions of southwestern architectural styles that, along with the Residential Design Standards, will form the basis of the Honea Heights III Specific Plan development standards and style guidelines. TOWN OF MARANA HONEA HEIGHTS III SPECIFIC PLAN 56 Development Plan • D. Compatibility with Adjoining Development The Honea Heights III Specific Plan will fuse the semi-rural nature of the existing Honea Heights Neighborhood, with the contemporary feel of newer developments to the east and north, and traditional southwestern elements to compliment existing and planned development. Housing types will vary and may include both attached and detached models. All will be equipped with rear loading garages. Front entrances will be connected by sidewalks and trails. The homes built along Sandy Street will face existing development and reflect the height and scale of existing homes. Houses built in the interior will face one another, open space, or the linear park. Although housing types vary widely in the adjacent neighborhood, elements from the architecture will be integrated into new home designs. Entry monuments will be designed for all three phases of Honea Heights establishing an integrated neighborhood under one name that extends from Moore Road through Honea Heights I, II and III to the Marana Heritage and Santa Cruz River Linear Parks, E. Land Use Concept The Honea Heights III Specific Plan encompasses approximately 37.7 acres in Northwest Marana, nestled between the Honea Heights Neighborhood, Santa Cruz River, and Marana's Heritage Park. While this plan does not include infrastructure improvements to the existing neighborhood, it is the Town's intent that Honea Heights III becomes an integrated part of the early development. The Specific Plan covers only residential development and related infrastructure, There are no commercial developments, schools, or public facilities planned in Honea Heights III. The concept design calls for single-family units and provides for 50% open space to include trails, paths, and park amenities. The plan is designed to integrate single-family residences with the existing Honea Heights neighborhood and provide connectivity to the Santa Cruz River Shared-Use Path, Marana Heritage River Park, and neighboring commercial development, parks, and schools in Gladden Farms. The Concept Design lays out lots for approximately 93 houses (approximately 5,000 square foot each) in two distinct block patterns connected by a central roadway sweeping through the development intersecting with Sandy Street at Hester Drive and with White Avenue as it terminates at the Santa Cruz River Levee. The first block pattern uses a traditional grid with homes facing existing development and Linear Park. The second block pattern sets houses in circular clusters providing a shared driveway to access rear loading garages maximizing land use at the front of each lot, Both block patterns are designed to slow traffic, maximize views of the open space and link residents with the trail system. One of the most pronounced features of Honea Heights III Specific Plan will be the use of open space as an amenity, The plan provides for more than 50% open space including a buffer of vegetation between houses and the Marana Heritage Park's demonstration garden and heritage tree grove abut the project to the east. To the south, open space provided for the Santa Cruz River Linear Park will forma 200 foot buffer between the Santa Cruz River bank protection and the housing development preserving the majestic views of the river's 365 day flow and an expanse of Arizona State Trust Land, See Exhibit 3.E: Honea Heights Conceptual Design TOWN OF MARANA HONEA HEIGHTS III SPECIFIC PLAN 57 Development Plan See Exhibit 3.E: Honea Heights Conceptual Design }, i i `~`~ s`~f -: ~ ~, ~S ~ ~ ~ 1~ 4 ~ c 4.` ~ ~. ~'~ k TOWN OF MARANA HONEA HEIGHTS ~~~ SPECIFIC PLAN y ^~ v v w ~ ~ s~ i 3 ~ a~ fi 4, 9 i l.'. 1 t~ ~ a .. -~ ~~~ ~. ~~~~ ~~ 58 a _ -._ ~ u 4 ~ H k ___ _ _~,~~~ ~ ~~r r '~ ~ , `~- _. m?i~Y_.--. _.._.~._.... • • Development Plan F, Grading Concept The entire site is currently undisturbed, and has been an overflow drainage area for the Santa Cruz River until the development of the adjacent Lower Santa Cruz River Levee, Under developed conditions, the site will be graded to the Town of Marana Standards and will generally reflect grades directing onsite stormwater to points of collection along the Santa Cruz River Levee before being directed to the southwest towards the existing 3-36" CMP culvert. All building pads will be designed to be a minimum of 1 foot above any adjacent 100-year flood elevation. Due to the existing topography characteristics of the site, the grading concept includes grading the entire site and the incorporation of natural open space to convey all surface runoff into the drainage area adjacent to the proposed developed residential area. • TOWN OF MARANA HONEA HEIGHTS III SPECIFIC PLAN 59 Development Plan G. Post Development Hydro%gy Honea Heights III Specific Plan proposes a residential density less than 3 residents per acre (RAC). Under these conditions, minimal hydrologic impacts will occur. A 25-foot erosion hazard setback (EHS) to the 100-year floodplain will be implemented for all regulatory floodplains onsite where stabilization measures are not taken. Open space areas under the developed conditions will be utilized to provide conveyance of the regulatory floodplain. Encroachment into the 100-year floodplain will be avoided by maintaining the existing conditions inside the erosion hazard setback of 25-feet. Where encroachment within the EHS occurs, bank protection will be provided for stabilization. Open spaces will be utilized to convey stormwater safely and efficiently. Under the developed conditions, the stormwater generated within the offsite watersheds of Honea Heights will remain the same quantities as under the existing conditions. Under the developed conditions, without the application of detention or retention and the introduction of impervious surfaces, stormwater generated onsite and conveyed downstream will have a higher peak discharge than that under the existing conditions. Direct summation of watershed peak discharges was utilized when all contributing watersheds have a time of concentration less than 5 minutes. Table 3.G summarizes the hydrologic analysis of the developed conditions. Table 3.G ONSITE HYDROLOGIC ANALYSIS -DEVELOPED CONDITIONS Concentration Draina a Area Len th DZ Sloe Im ervious Runoff Coef. Basin Factor Q,~ Point Contributing Watersheds (acre) (ft) (ft) (ftfft) (%) (Cw) (n~ (cfs) D1 D1 2.38 478 3 0.006 20 0.603 0.036 13 D1 D1-014, OS1-OS11 76.81 4991 23 0.005 35 0.668 0.038 167 D2 D2 6.43 1022 5 0.005 35 0.668 0.028 35 D2 D2-014, OS3-OS11 72.68 4569 20 0.004 35 0.668 0.038 163 D3 D3 1.91 677 4 0.006 50 0.734 0.022 14 D4 D4 1.66 700 6 0.009 50 0.734 0.022 12 D4 D4, OS3 4.07 - -- - - 27* D5 D5 0.29 632 3 0.005 0 0.515 0.040 2 D5 D5, D6, OS4, OS5, OS6 10.93 1114 10 0.009 30 0.647 0.028 60 D6 D6 0.61 601 8 0.013 0 0.515 0.040 3 D6 D6, OS5, OS6 6.74 - -- -- - -- - 42* D7 D7 0.57 263 3 0.011 50 0.734 0.022 4 D8 D8 6.65 1436 4 0.003 20 0.603 0.036 21 D8 DB-014, OS7-OS11 48.27 3639 19 0.005 35 0.668 0.039 126 D9 D9 0.58 572 5 0.009 80 0.866 0.018 5 010 010 4.66 600 5 0.008 35 0.668 0.028 30 010 010, 011, OS7 7.46 -- -- - -- - - 49* 011 011 1.43 406 5 0.012 50 0.734 0.022 10 012 012 2.41 499 2 0.004 35 0.668 0.028 16 012 012, OS8 4.07 - -- - -- -- - 26* 013 013 1.84 465 2 0.004 35 0.668 0.028 12 013 013, OS9 3.46 - -- -- -- -- - 21* 014 014 6.23 901 6 0.007 20 0.603 0.036 29 014 014, OS10, OS11 26.05 2350 13 0.006 20 0.603 0.041 73 015 015 0.24 166 13 0.078 0 0.515 0.040 2 *Direct Summation TOWN OF MARANA HONEA HEIGHTS III SPECIFIC PLAN 60 Development Plan The development of the proposed Honea Heights III Specific Plan will not impact land either upstream or downstream of the property. Low density residential land use occurs upstream of Honea Heights. The Santa Cruz River is immediately downstream of property. Under the circumstances in which the residential densities of those areas increase, or unapproved land-use practices occur, potential hydrologic impacts on Honea Heights may occur. As part of the site design of Honea Heights III Specific Plan, roadways, channels, culverts and stormdrain will be utilized to convey stormwater through the property. A roadway scupper will be located at CP D3. Channels will be at CP D4, D5 and D6 to collect stormwater from the offsite watersheds to the north. Culverts will be at CP D6, D10, D12 and D13 to convey stormwater under roadways. stormdrain will be utilized to convey stormwater from CP D4 and D5 downstream to CP D2. H. Environmental Resources No environmental remediation will be required. 1. Viewsheds The Honea Heights III Specific Plan Area is nestled between the Santa Cruz River Bank Protection and Linear Park, the Honea Heights Neighborhood, and the Heritage Park's orchard and demonstration farm. New development will be oriented to minimize encumbrance of existing views. Houses built . along Sandy Street will face existing development and reflect the height and scale of existing homes. Houses built in the interior will face one another, public courtyards, pocket parks, or the linear park buffering the Santa Cruz River Multi-Use Path. Land contouring for open space and park development will be landscaped to provide view corridors in three directions along the perimeter of the development and along the central access road. No perimeter walls will be built as part of this development preserving access to the Linear Park, trails, and open space expanding the viewshed for both residents of Honea Heights III Specific Plan and adjacent neighbors. The project site is visible from the adjacent neighborhood and shared-use path. The topography of the site provides awide-variety of viewsheds based on the viewers' vantage point. Existing homes on the north-east end of the parcels sit at a higher elevation offering expansive views across the property to Picacho Peak in the far distance. Visibility from the houses on the north-east end of the site extends across the property to the Santa Cruz River and beyond. Because of the off-site topography, development in Honea Heights III should cause minimal impact on these viewsheds. J. Circulation Concept Plan The Honea Heights III Specific Plan development is proposed to have three access points along the northern end of the site on Sandy Street and a fourth at the eastern end of the development, aligned with White Avenue. Two of the access points will line up directly with Morgan Road and Hester Drive, and a third will provide access to Sandy Street just east of Honea Drive. Vehicles may travel along Morgan Road, Hester Drive, or Whitney Lane to reach Moore Road. Vehicles may also use Swanson TOWN OF MARANA HONEA HEIGHTS III SPECIFIC PLAN 61 Development Plan Street (via Sandy Street and Honea Drive) to reach Moore Road and connect to Sanders Road. Moore Road and Sanders Road are both considered to be major routes in the Marana area. Three of the four access points were selected to line up with existing roadways. The fourth, the intersection of Street A and Sandy Street, was constrained by existing conditions. There are two privately owned parcels at the northwest corner of this project that prevent direct access from the site to Sanders Road. The access points for the project will each have aright-of-way of 60 feet, which exceeds the standards for a local street as specified in the Marana Street Standards (46 feet). The 64-foot right-of--way matches the existing .right-of-way for the streets in the adjacent Honea Heights subdivision. The project roadways will all be public roadways, owned by the Town of Marana. In order to promote apedestrian-friendly development, the internal site roadways will have a reduced section. The right-of-way will be 32 feet, including 28 feet of pavement and two (2) feet curbing on each side. A five (5) foot utility/access easement will also be on each side of the road. The narrow section does not allow on-street parking, which will be regulated by signs installed in accordance with the adopted sign code, but still provides safe travel and allows for emergency vehicle access. Designated parking areas will be provided along roadways without private garage access and adjacent to the linear park, community garden, and trailhead. No capacity improvements are needed with this project. It is recommended that traffic on Street A, Morgan Road, and Hester Drive all operate under two-way stop control at Sandy Street. This matches • the existing conditions of the adjacent Honea Heights subdivision, where north-south traffic is stop controlled and east-west traffic is allowed to flow freely. The cross-sections for the roadways will be developed during the platting process in accordance with the Transportation Impact Study. The Town proposes to take responsibility for the design and construction of internal roadways. The final street section will be provided during the platting process and is subject to Planning Commission Design Exception acceptance during the subdivision process. A full Transportation Impact Study and Circulation Plan has been was accepted on 05/05/08 by the Town of Marana Traffic Engineering Division. Case File Includes: Transportation Impact Study for the Honea Heights Redevelopment, April 2008 See Exhibit 2: Town of Marana, Traffic Engineering Division Interoffice Memorandum 05/05/2008 TOWN OF MARANA HONEA HEIGHTS III SPECIFIC PLAN 62 Development Plan Exhibit 2: Town of Marana, Traffic Engineering Division InterofFce Memorandum 05/05/2008 ~="" " ~ .~ ~, ~~ ~EP'AIt'Z3VJ.EIY'T UP FUBLTC ~ORIs$ T'RAFF`[C FhC~I'tiEEi~t!IGDI'415IO:v I1'~1ETi[~FF~C'F k~~~MCl~t~l~bU _~... _- .. _ _ - ».9 TQt . VS21 F~bC~~C, bu~ct+~F ~~` ~c~n~ri3un~t~ T~evelc~pme~ F`Rt~~V[ ~ dc~: F~~, i~~allr Tra~f'#ic En~~ne~ ~i~isic~~. SITB~GT; Haraea~Heghts I~~clevelapment Traffic Study (1~ ~>~mit~al} ~~ICrO$(}~1~ ~A'~" 5~'S108 +~; Keith ~rann,, F,E. ~tallt Public Vv'v T~ixet~irlTo Engineer The Traffic F~ ngin ~ D~v~si[~a~ has rej~e~.~~e~d e fexencd~ subrnit'~al a~Id ~~~~t#s rt submit#ec~~ .Tease. ~~ me knave ~f you fi~~ ~ any gr~estc~ns re~ardi~~ the ~e ~J TOWN OF MARANA HONEA HEIGHTS ~~~ SPECIFIC PLAN 63 Develoament Plan K. Landscape Concept P/an >• The landscape concept for Honea Heights III Specific Plan is based on the use of native and low-water vegetation to build a spectacular landscape using a wide array of plants, from stately saguaros to colorful perennial wildflowers. The use of local species further the goal of water use reduction and offer options for common areas and residences that range from lush and green to stark and dramatic, all emphasizing local plants. Landscaping throughout the Honea Heights III Specific Plan Area will conform to Title 17 - Environmental Resource Preservation, Native Plant Protection and Landscape Requirements of the Town of Marana Land Development Code and will reflect the agricultural/rural historic and natural desert environments native to the area. Streetscapes, parks, trails, and common areas will follow planting densities, type and maintenance schedules established in the adjacent Santa Cruz River Linear Park, Heritage Park, and surrounding neighborhoods. A special feature proposed within the common area of the Honea Heights III neighborhood would be a community garden, where rainwater harvesting and food-production agricultural activities benefitting residents may be facilitated by Marana's Parks and Recreation Department, The Plant Pallet in Appendix Boffers awide-variety of plants chosen for their ability to: adapt to extremes of temperature and rainfall; remain viable with low- to moderate-maintenance; and feed and house local birds, insects, and other fauna, These plants will be used exclusively in common areas. Invasive species listed in Appendix B area strictly prohibited in the Specific Plan Area. See Appendix B: Plant Pallet L. Open Space, Recreation, Parks and Trails Concept Plan The first planning stage completed in the development of the Honea Heights III Specific Plan was a concept plan produced by the University of Arizona's Drachman Institute funded through an Arizona Department of Housing grant. The Drachman Institute completed a detailed site analysis, facilitated community meetings, and conducted a survey to collect neighbor input. A questionnaire was sent to 220 Honea Heights residents eliciting information about the type of park amenities neighbors wanted included on the land designated for the Honea Heights III Specific Plan development, The results of that survey have been integrated into the Open Space, Recreation, Parks and Trails Concept Design, One of the most unique features of the Honea Heights III Specific Plan area would be the use of open space and restorative natural landscaping as a park amenity, The project's plat allows for approximately 93 houses (5,000 square foot lots) on 37.7 acres leaving more than 50% as open space. The project borders the Santa Cruz River Shared-Use Path and Santa Cruz River Linear Park on the south and the Marana Heritage Park directly adjacent to the east. The linear park provides a nearly 200 foot buffer between the Santa Cruz River bank protection and the neighborhood offering majestic views of the rivers 365 day flow and an expanse of .Arizona State Trust Land to the south. The Heritage Park's demonstration garden and heritage tree grove abut the project to the east. L' TOWN OF MARANA HONEA HEIGHTS III SPECIFIC PLAN 64 Development Plan All common areas will remain under the care and control of Marana's Parks and Recreation Department. Internal trails will host an exercise loop and fitness stations. Landscape zones within the circular blocks will be planted with draught tolerant plants watered by runoff captured from the streets. The Linear Park will be developed in accordance with Marana's Parks and Recreation Master Plan and under the supervision of the Town's Parks and Recreation Director. Every attempt will be made to ensure that native drought resistant plants, trees, and .shrubs are used in landscaping. Additional "tot lots" and developed playground amenities will be developed during the final planning stages through a public process and with the assistance of the Parks and Recreation Advisory Commission. The existing trailhead at the southern end of White Avenue will be altered to accommodate residential construction, with parking extended along the edge of the linear park with trails leading to multiple entrances to the Santa Cruz River Shared-Use Path along the half mile stretch running through the project. In Honea Heights III, all of the houses will be equipped with rear loading garages. Front entrances will be connected by sidewalks and trails. The homes built along Sandy Street will face existing development and reflect the height and scale of existing homes. Houses built in the interior will face one another, public courtyards, pocket parks, or the linear park buffering the Santa Cruz River Multi- use Path. Extensive land contouring and drainage issues will be addressed during the platting process. Areas needed for water retention and drainage will be landscaped and/or developed with appropriate park amenities. M. Cultural Resources According to a report submitted by PMC no significant cultural resource sites were found on the Honea Heights III project site. The Town of Marana Cultural Resources Manager agrees with the assessment. No further archeological work is needed prior to development. If any human remains or funerary items are discovered during construction the Arizona State Museum will be contacted immediately pursuant to A.R.S. §41-844. N, Infrastructure and Public Facilities The Master Developer of the Honea Heights III Specific Plan currently proposed as the Town of Marana will take full responsibility for the development of infrastructure and public facilities. Sewer Services At the time of submittal of the Honea Heights III Specific Plan pending litigation between the Pima County and the Town of Marana precludes the Master Development from entering into an agreement for the provision of wastewater services with either party. Therefore, the Town of Marana will either: assume full responsibility for development of the sewer required conveyance infrastructure up to and including connection with off-site sewer lines; or assume responsibility for development of the sewer required conveyance infrastructure and enter into a Development Agreement with Pima County Regional Wastewater Reclamation to provide connectivity to • treatment services. Required agreements and a sewer plan will be submitted for approval with the final plat. TOWN OF MARANA HONEA HEIGHTS III SPECIFIC PLAN 65 Development Plan Fire Service .Fire services are provided in the project area by the Northwest Fire District. Water The project site is located within the Town of Marana Water Service Area. There is an assured water supply, A water service agreement between the Community Development Department and the Water Department will be negotiated prior to approval of the final plat. Honea Heights III infrastructure development will include installation of a two-line water system to allow for the use of non-potable water for irrigation of common areas, recreation areas, public facilities, and residential uses as permitted by code. Schools Honea Heights III Specific Plan is located in the Marana Unified School District (MUSD). Estes Elementary School, Marana Middle School, and the Marana Plus Alternative School are located approximately 1.5 miles north-east of the project area. Marana High School is located approximately 4.5 miles from the location. Anew high school is planned in a location 1.5 miles from the project area. An additional elementary school site has been dedicated in the adjacent Gladden Farms I development. Initiation of contraction for these schools will be as needed and at the discretion of MUSD official. No school sites will be located in the proposed Honea Heights III Specific Plan. It is estimated that the project will have approximately 93 single-family residences at buildout. Using the formula provided by MUSD, the number of students generated by the development are as follows: Elementary K - 6 .25 x 93 units = 23 school aged children Middle/High School 7 -12 .15 x 93 units =14 schools aged children According to MUSD's Facilities Manager the number of students generated by the Honea Heights development will not adversely impact existing school facilities and resources. Public Utilities The Honea Heights III Specific Plan site is served by a number of private utilities including electrical power, natural gas, and telecommunications companies. The area is also included in the Cortaro-Marana Irrigation District. • Electrical Power The project area is served by Trico Electric Power. • Natural Gas Southwest Gas Corporation has existing facilities in the area and will provide natural gas to the project site. • TOWN OF MARANA HONEA HEIGHTS III SPECIFIC PLAN 66 • IV. DEVELOPMENT REGULATIONS • 67 Development Regulations • A. Purpose and Intent When the Town's leadership included a housing plan in the 2007 General Plan, it carefully defined goals intended. to meet a need for a wide variety of housing options balanced to preserve existing housing stock, meet the changing needs of current and future residents, promote economic growth, and enhance the character of the community. Although the Town's supply of affordable housing is extremely limited and the Honea Heights III Specific Plan presents an opportunity to facilitate the development of affordable housing, it is not the Town's intention to develop an enclave of poverty or develop housing that does not meet its own strict design standards. This section will layout the regulations established for this development and serve as the primary mechanism for the implementation of the Honea Heights III Specific Plan. The Honea Heights III Specific Plan Development and Design Standards establish the character of the development by prescribing site-specific standards tailored to the unique qualities of the project. These standards are intended to integrate new development into the neighborhood through design elements reflective of existing architecture, the history of the area, and the natural environment. The regulations contained within this section provide an appropriate amount of flexibility to anticipate the needs of the community, promote affordable housing development, encourage the use of green materials, and to achieve compatibility with surrounding land uses, These development regulations apply to the 37.7 acres of land in the Honea Heights III Specific Plan and designate standards for single-family attached and detached homes in accordance to Zone F, • Specific Plan requirements. Under Zone F permitted uses, density requirements, setback and other regulations specified within the Honea Heights III Specific Plan Zone shall be those contained within the General Plan adopted by the Marana Town Council pertaining to the land within that zone. B. General Provision Applicability of the Town of Marana Land Development Codes If any issue, condition, or situation arises or occurs that is not addressed by this Specific Plan, the applicable portions of the Town of Marana Land Use Development Code that are in place at the time of development shall apply. Building Codes All design and construction within the Honea Heights III Specific Plan area shall comply with all adopted and amended Building Codes in effect for the specific project at the time of permitting. All design and construction with the Honea Heights III Specific Plan area shall comply with all adopted and amended Fire Codes in effect at the time or permitting. Additional Uses Whenever a use has not been specifically listed as being a permitted use in the Specific Plan, the Town of Marana's Planning Director will determine if said use is: (1) consistent with the intent of the zoning, and (2) compatible with other listed permitted uses. Any person aggrieved by the determination may appeal that decision to the Planning Commission. • TOWN OF MARANA HONEA HEIGHTS III SPECIFIC PLAN. 69 Development Regulations C. Development Standards The following standards have been developed for the Honea Heights III Specific Plan and will fuse the semi-rural nature of the existing Honea Heights Neighborhood, with the contemporary feel of newer developments to the east and north, and traditional southwestern elements to compliment existing and planned development. Permitted Uses -Only Residential-and Public Park and Open Space related development meeting the Design Standards set forth in this Speciflc Plan will be permitted. These uses will include. Single-Family Detached Residential Units Single-Family Attached Residential Units Parks and Open Space Recreation Facilities Religious Institutions Accessory Uses -The following residential accessory building and uses may be located on the same lot with a permitted dwelling, provided that any permanent building or structure shall be harmonious with the architectural style of the main building and further provide that all residential uses are compatible with the residential character of the neighborhood. No swimming pools or spas will be permitted. Patios, Tool Sheds, Children's Playhouses Garden Structures Home Occupations Conditional Uses -Conditional Uses may be permitted in the Honea Heights III Specific Plan Area. The following uses may be permitted provided that they promote the residential nature of the area and that any building or structure reflects the architectural style and residential character of the neighborhood. Group Homes Park and Open Space Uses -Parks and Open Space will remain under the control and responsibility of the Town of Marana's Parks and Recreation Department. Park and Open space uses permitted in the Honea Heights III Specific Plan Area include the following; Community Garden Water Harvesting Infrastructure Play Equipment Dog Park Recreation Centers Trails and Trail Head Ramadas and Picnic Tables Vegetation Demonstration Garden Commercial Uses - No commercial. uses will be permitted in the Honea Heights III Specific Plan Area. Home occupations are allowed as permitted by the Town of Marana Land Development Code. TOWN OF MARANA HONEA k-IEIGHTS III SPECIFIC PLAN 70 Development Recjulations Development Standards Minimum Lot Area: 5,000 square feet Minimum Width: None Minimum Depth: None Minimum Front Setback: Ten (10) feet (front porch 5 feet) Rear Setback: Rear loaded garages shall be a minimum of (5) feet from the rear property line Side Setback: Five (5) feet; Zero (0) foot requirement for attached units. Corner units will provide a ten (10) foot setback on the side facing the roadway, Maximum Building Height: Thirty (30) feet Maximum Lot Coverage (building and Structures) 65% Minimum Common Open Space Requirement: 50% of Specific Plan Area D. Environmentally Responsive Building Standards The Honea Heights III Specific Plan provides a unique opportunity for the Master Developer, and the building partner(s) to ensure long-term affordability through the use of environmentally responsive design and energy efficient building standards. All residential structures built within the Honea Heights III Specific Plan area will meet or exceed the standards outlined in this section of the Honea Heights III Specific Plan. These standards have been developed using guidelines established through Leadership in Energy and Environmental Design (LEED) for Homes, National Green Building Program (NAHB). The .layout of the Honea Heights III Specific Plan area .has been designed to maximize residential density of the neighborhood infill project while providing open space and developed parks that preserve the rural agrarian nature of the area. Traffic circulation, drainage, grading, and residential placement have been carefully coordinated to: foster pedestrian uses, facilitate water harvesting, and preserve areas for natural vegetation. Each residence in the Honea Heights III Specific Plan area will be required to comply with the Building and Landscape Standards outlined below and will follow the future Town of Marana Green Building Standards when approved. Minimum Landscape Standards Only native plants and/or drought-tolerant, low-water use plants may be used for landscape plantings in front and side yards; • Drought-tolerant trees (preferably native), minimum 15 gallon, will be planted on the east or west side of the residence when possible without causing future root damage to structures. Trees must cast shade on the east or west walls to provide measurable benefits during the cooling season; • Exterior enclosed storage space for waste and recycle bins must provide an area outside of the house; TOWN OF MARANA I-~ONEA HEIGHTS III SPECIFIC PLAN 71 Develoament Regulations • Landscape irrigation systems will include check valves in heads and heads matched to the beds distinct watering needs; separate sprinkler zones for beds, with plants grouped based on watering needs; and atimer/controller that irrigates during the hours of 10 pm to 8 am to minimize losses from evaporation; • No decorative water features or mister systems that use potable water will be permitted in the Hones Heights III Specific Plan area (systems using harvested rainwater are allowed). Preferred Landscaping Elements • Install a rainwater harvesting system capable of retaining and storing 50% or more of the average annual available rainfall on the catchment surface; • Installation of gutter and downspout system or canals that tie to stormwater infiltration trenches, bioswales, or rain gardens are highly recommended; • Landscaping design will be provided by a licensed landscape professional using drought- tolerantplantings that require no irrigation. Minimum Building Standards • All residential construction must meet the requirements of the ENERGY STAR for Homes Program and install only ENERGY STAR rated appliances; or • Meet the requirements of the Tucson Electric Guaranteed Home Program and install only ENERGY STAR rated appliances; or • Achieve. EPAct Home Certification; and • All residences will have as a minimum a solar thermal hot water system and provide a plumbing line stub out to a south facing roof for future solar thermal installation; • All residences will be fitted with a furnace with an efficiency rating of at least 90%; • Roofs shall have radiant barriers; • All lavatory faucets will meet the proposed EPA's WaterSenseTM criteria or have a maximum flow rate or 1.5 gpm or less; • All showerheads will meet the proposed EPA's WaterSenseTM criteria or have a maximum flow rate of 1.5 gpm @ 80 psi; • Toilets will meet the EPA's WaterSenseTM rating (1.28 gpf) or be dual flush toilets with 1.6/.8 gpf or less water use; . TOWN OF MARANA HONEA HEIGHTS III SPECIFIC PLAN 72 Development Regulations • Separate greywater and sanitary sewer distribution lines will be installed in all residences with greywater lines stubbed out to exterior and clearly marked and connected to an appropriate distribution system serving landscaping; • All residential design must provide an area for recycling. with bins inside the house; and Final planning, development, and maintenance of the Honea Heights III Specific Plan parks and open space will be at the discretion of the Town of Marana under guidance provided in this Specific Plan E. Design Standards The Honea Heights III Specific Plan will adhere to the Town of Marana's Residential Design Standards found in Title 8, Section 8.06 of the Land Development Code (Ordinance no. 2004.04) adopted by the Marana Town Council on January 20, 2004), reflect the Community Design Guidelines provided in the Northwest Marana Area Plan, and the design standard established in this section. This includes both attached and detached units. The attached units will be required to meet all the standards as judged reasonable by the Planning Director. Together these design standards will provide guidelines for .residential and recreational development within this Specific Plan. The design standards have been separated into two categories: Town General and Project Specific. Standards for all development within the Specific Plan Area will be reviewed by the Town's Community Development and Planning • Departments with input from the selected building partner until full residential build out is completed. Once the individual lots are conveyed to private homeowners, a Honea Heights III Neighborhood Review Committee will be established to assume those responsibilities. The Town of Marana is proposed to retain full authority over development of all parks, open space, and infrastructure development. The architectural character of Honea Heights III Specific Plan will be consistent with the Community Design Guidelines established by the Northwest Marana Area Plan and outlined in this chapter. The design will reflect the rural agricultural heritage of the Town of Marana and surrounding neighborhoods. There will be a mix of materials and architectural styles intended to maximize environmentally responsive design and provide variety and aesthetic appeal to the neighborhood. Residential structures will incorporate elements of the Territorial, Pueblo, and Southwest Territorial architectural styles (see Appendix B: Northwest Marana Area Plan Architectural Styles). The following design standards shall apply to all development in the Honea Heights III. Specific Plan area: • Architectural design will be restricted to reflect the elements details in the Northwest Marana Area Plan Pueblo, Territorial, and Southwest Territorial Architectural Styles; • All residences will be constructed with rear entry garages recessing a minimum of five (5) feet from the property line; • TOWN OF MAF:ANA HONEA HEIGHTS III SPECIFIC PLAN 73 Development Regulations • All parking garages either attached or detached, shall incorporate the same design elements • as the accompanying dwelling; • No more than two attached single-family units may be built on adjacent lots; • Tandem garages are acceptable for attached units provided each is minimum of 400 square feet; • Roof elements shall be made of tile, slate or concrete shingles, metal or other materials consistent with the established architectural styles; • No swimming pools or spas will be permitted in the Honea Heights III Specific Plan area • Two-Story residences will occupy 40% or less of the developed home lots; • No two-story structures will be permitted on comer lots; • No two-story structures will be permitted on adjacent lots in any area of the development; • No two-story attached units will be permitted in any area of the development. F. Open Space Open space within the Honea Heights III Specific Plan area will be used to foster recreational uses, link to adjacent parks and open space, and serve as a restorative buffer for natural landscaping as an amenity. A minimum of 50% of the project area will be reserved as trails, parks, gardens, and. undeveloped open space. This open space will be calculated by taking the gross area of the project and deducting the land mass required for dedicated streets and private lots. The project borders the Santa Cruz River Shared-Use Path and Santa Cruz River Linear Park on the south providing a 200 foot buffer between the Santa Cruz River bank protection and proposed housing development, offering new residents majestic views of the rivers 365 day flow and Arizona State Trust Land to the south. The Linear Park, internal trail system, and exercise loop will be developed in accordance with Marana's Parks and Recreation Master Plan and under the supervision of the Town's Parks and Recreation Director, Only native drought resistant plants, trees, and shrubs will be used in landscaping. Additional "tot lots" and developed playground amenities will be developed during the final planning stages through a public process and with the assistance of the Parks and Recreation Advisory Commission. The existing trailhead at the southern end of White Avenue will be altered to accommodate residential construction, with parking extended along the edge of the linear park and trails leading to multiple entrances to the Santa Cruz River Shared-Use Path along the half mile stretch running through the project TOWN OF MARANA HONEA HEIGHTS III SPECIFIC PLAN 74 Development Regulations G. Landscaping Landscape A harmonious and unified landscape character is envisioned throughout the Honea Heights III Specific Plan area. With a regionally sensitive landscape approach and by using locally adapted plant materials, the following guidelines shall provide direction to distinctively articulate the landscape character. General Landscape Standards • All plant material shall conform to the proposed Plant List for Honea Heights III Specific Plan (see Appendix B) and will follow Title 17 -Environmental Resource Preservation, Native Plant Protection and Landscape Requirements of the Town of Marana's Land Development Code • All plant material shall be required to meet the Arizona Nurserymen's Association standards for caliper, height and width. • All landscape areas are to receive a 2" layer of decomposed granite and/or decorative rock, color and size to be selected by the Town. Wildflower and/or native revegetation hydroseed mix may be substituted as a suitable groundcover in any landscape areas of the project. • Entries and intersection landscaping improvements shall conform to Town of Marana sight visibility requirements. • Sustainable landscape practices, such as rainwater harvesting and the use of native or desert adapted plants shall be encouraged throughout the community. • Barrier-free landscape practices shall be encouraged throughout the community. • Trees may be spaced irregularly in informal groupings or regularly spaced. Shade and screening is a priority for park and open space areas--careful consideration should be given to the design of the planting plan and organization of the tree canopies. Trails Multi-use trails shall be provided throughout the project. Bicyclists and pedestrians will be able to use these trails to access residential, park and open space areas of the project and community. The trail shall be constructed as a hard surfaced path with shoulders on each side constructed of stabilized decomposed granite or similar material. Additional multi-use trails shall be created to facilitate non- motorized movement throughout the project. Any trails may be constructed of hard surface materials at the discretion of the Town. • TOWN OF MARANA HONEA HEIGHTS III SPECIFIC PLAN 75 Development Regulations H. Streets The internal site roadways are tentatively proposed to have a reduced section in order to promote a pedestrian-friendly development. The proposed reduced right-of-way will be 32 feet, including 28 feet of pavement and two (2) feet of curbing on each side. A five (5) foot public utility/access easement would also be on each side of the road. The narrow section does not allow on-street parking, which will be regulated by signs in accordance with the adopted sign code, but still provides safe travel and allows for emergency vehicle access. Designated parking areas would be provided along roadways without private garage access and adjacent to the linear park, community garden, and trailhead. The project roadways are proposed to be public roadways, owned by the Town of Marana. The final street section will be provided during the platting process and is subject to Planning .Commission Design Exception acceptance during the subdivision process. I. Affordability It is anticipated that at least 40% of the houses built under the Honea Heights III Specific Plan will meet the U.S. Department of Housing and Urban Development (HUD) established criteria for affordability pending funding subsidies to the project. These homes will be sold to qualifying individuals and families that meet the baseline for First-Time Home Buyer Programs as defined below. As Master Developer and recipient of housing subsidies tied directly to the development of homes in the Specific Plan area, the Town of Marana will retain compliance oversight until subsidized units are conveyed to purchasers. Through development and partnership agreements, Building Partner(s) will be responsibility for recruiting, qualifying, and providing required counseling for prospective buyers. Town of Marana property will be conveyed to the purchaser at time of sale provided buyers meet all Town, development agreement, and funding requirements in place on the date of initial purchase contract Affordable Housing is defined by HUD as units available at a cost of no more than 30% of gross household income to households at or below 80% of the area median income as reported by HUD or the assigned state agency. First-Time Home Buyer is defined as a buyer who has not owned a principal residence during the three-year period prior to the purchase and qualifies under the affordability guidelines of the program. 'TOWN OF MARANA HONEA HEIGHTS III SPECIFIC PLAN • 76 • ~ V. IMPLEMENTATION AND ADMINISTRATION Implementation and Administration A. Purpose and Intent The Honea Heights III Specific Plan has been developed as a guide to facilitate sustainable growth and create a livable community with a vibrant neighborhood that promotes diversity, advance inclusivity, and celebrate Marana's hometown feel. The elements of this plan are intended to foster quality development, encourage the availability of affordable housing to all sectors, and promote energy efficiency to further the economic stability of the region. This section of the Specific Plan outlines the implementation of development on the project site. It identifies the Town of Marana's responsibilities and outlines the procedures that will be enacted to ensure the project is built in coordination with infrastructure improvements, providing a continuity of design. B. General Responsibilities The implementation of the Honea Heights III Specific Plan is the responsibility of the Master Developer, currently proposed as the Town of Marana,. the building partner(s), v~rith oversight provided by Marana's Affordable Housing Advisory and Planning Commissions and Mayor and Council. Once the individual lots are conveyed to private homeowners, a homeowner group, the Honea Heights III Neighborhood Review Committee, will be established to assume those responsibilities. The Town of Marana may retain full authority over development of all parks, open space, and infrastructure development. The Master Developer is responsible for providing design and engineering for and development of all infrastructure and amenities to include: roads, drainage, sewer, trails, parks and recreation facilities, and major utilities in a timely and efficient manner. The Master Developer will form an association and the Honea Heights III Neighborhood Review Committee and will record the Master Covenants, Conditions and Restrictions (CC&Rs) with the Final Plat. The building partner(s) will be selected through a request for proposals in accordance with Town of Marana Code Section 3-4-14 and A.R.S. § 34-201 et seq. The building partner is responsible for adhering to the development standards established by the Honea Heights I I I Specific Plan and all Town of Marana Codes, Ordinances, agreements, and funding source compliance requirements pertaining to the Honea Heights Development project. C. Development Review Procedure The preliminary and final plat along with all development and building plans will be submitted per established procedures of the Town of Marana's Development Services Department once being recommended via a majority approved resolution adopted by the Affordable Housing Citizen Advisory Commission. The Master Developer working in collaboration with the building partner(s) will come to consensus on all design or architectural aspects of the development that affect the exterior appearance of any structure. Parks, recreational facilities, and open space design shall receive additional approval through the Marana Planning Department, Parks and Recreation Department and/or its advisory commission. The process will remain in place through build out and included review of signage, landscaping, entry features, street standards, and architectural conformance to the Development Regulations and Design Guidelines outlined in this Specific Plan. TOWN OF MARANA HONEA HEIGHTS III SPECIFIC PLAN 79 Implementation and Administration D. Design Review Process The Honea Heights III Specific Plan project is unique byway that the Town of Marana is the proposed Master Developer and responsible for the design, development, and final administration of the project. Therefore, the review procedure will follow two separate tracts, departmental review by the Community Development Department with oversight by the Affordable Housing Citizen Advisory Commission, and an intra-departmental review through the public submission process as adopted by Mayor and Council. The final plat and all development/improvement and building plans within the Honea Heights III Specific Plan area shall be subject to and implemented through the review and approval process adopted by the Town. The review process for water infrastructure will be as normal for non-specific plan development. Prior to submission of the preliminary and final subdivision plats and/or developmentlimprovement plans to the Development Services Department, plans will be reviewed, approved, and forwarded via a majority vote of the Affordable Housing Citizen Advisory Commission. The Master Developer, will reserve the right to review any design or architectural aspect of the development that affects the exterior appearance of any structure or area of land. This includes reviews of signage, landscaping, entry features, street standards, and architectural conformance to the Development Regulations and Design Guidelines outlined in this Specific Plan. E. Phasing • The Honea Heights III Specific Plan mixed-income housing project is likely to consist of two (2) to three (3) construction phases beginning on the northwest corner of the Specific Plan Area, moving east along Sandy Street, then south toward the Santa Cruz River. The initial site work is proposed to begin in 2010. Basic off-site improvement projects including grading and infill and the development of roads, trails, sewer, drainage, and utility infrastructure will be completed prior to commencing housing construction. Homes will only be constructed and occupied in areas where fire hydrants and fire apparatus access roads have been installed in accordance with the currently adopted Fire Code. Housing and park amenities will be constructed as funding is secured and homes purchased. The initial model homes will remain unsold and operate as on-site offices for the Town and building partner until build out is complete, all other homes are sold to individual owners, and funding initial compliance has been met. F. Specific Plan Administration 1. Enforcement The Honea Heights III Specific Plan will be administered and enforced by the Town of Marana Development Services Department in cooperation with the Town of Marana Community Development Department in accordance with the provision of the Specific Plan and the applicable provisions of the Town of Marana Land Development Code, project related Resolutions and Ordinances adopted by Mayor and Council, and Arizona Revised Statues, Sections 36-1403.12 (12)(B) and (C) provides the Town of Marana authority to: Determine where blighted areas exist or where there is a shortage of decent, safe and sanitary dwelling accommodations for persons of low income; and make studies and recommendations relating to the problem of c%aring, planning, TOWN OF MARANA HONEA HEIGHTS III SPECIFIC PLAN 80 Imalementation and Administration • designing and reconstructing blighted areas, and the problem of providing dwelling accommodations for persons of low income, and cooperate with the state or any political subdivision of this state in actions taken in connection with these problems. 2. Administrative Change Certain changes to the explicit provision in the Specific Plan may be made administratively by the Town of Marano Planning Director in consultation with the Town of Marano Community Development Director, provided said changes are not in conflict with the overall intent as expressed in the Honea Heights III Specific Plan or direction provided by the Affordable Housing Citizen Advisory Commission or Mayor and Council. Any changes must conform to the goals and objectives of the Specific Plan and those established in the Housing Chapter of the General Plan. The Planning Director's decision regarding administrative changes and determination of substantial changes as outlined below shall be subject to appeal by the Town Council upon recommendation of the Affordable Housing Citizen Advisory Commission. Categories of administrative change include, but are not limited to: • The addition of new information to the Specific Pfan maps or text that does not change the effect of any regulations or guidelines, as interpreted by the Development Services Manager and Community Development Director; • Changes to the community infrastructure planning and alignment such as roads, drainage, water, and sewer systems that do not increase the development capacity in the Specific Plan Area; • Changes to development plan .boundaries due to platting. Minor adjustments to the development plan areas, drainage areas and other technical refinements to the Specific Plan due to adjustments in final road alignments will not require an amendment to the Specific Plan but will require staff approval; or • Changes to development regulations that are in the interest of the community and do not affect health or safety concerns. Administrative changes may only be made to affordability clauses, regulations, or requirements with the concurrence of the Town of Marano Affordable Housing. Citizen Advisory Commission, Mayor and Council and in accordance with. Arizona Revised Statues, Sections 36-1403.12 (12)(B) and (C). 3. Substantial Changes The Specific Plan may be substantially amended by the same procedure as it was adopted. Each request shall include all sections or portions of the Honea Heights III Specific Plan that are affected by the change. The Planning Director shall determine if the amendment would result in a substantial change in plan regulations, as defined in Title 5 - "Zoning° in the Town of Marano Land Development Code. • TOWN OF MARANA HONEA HEIGHTS III SPECIFIC PLAN 81 Implementation and Administration 4. Interpretation i The Planning Director will be responsible for interpreting the provisions of this Specific Plan. Appeals to the Planning Director`s interpretation may be made to the Board of Adjustment within 15 days from the date of the interpretation. If any provision of the Design Standards is considered ambiguous or unclear, the Planning Director will be responsible for interpreting the intent of the Design Standards. If any provision of the Development Regulation regarding affordability is considered ambiguous or unclear, the Community Development Director shall be responsible for interpreting the intent of the Development Regulations. 5. Fees Fees will be assessed as indicated by the Town's adopted fee schedule that is in place at the time of development if action is taken by a non-Town entity involved in the Honea Heights III Specific Plan. Fees may or may not be assessed to the project for Town initiated action. 6. Annual Report Once Platted, the Master Developer will provide the Development Services Department with a Monitoring Program as outlined in Appendix D of the Northwest Area Marana Plan. This will update Development Services staff with the information to assess the impact of the Honea Heights project on existing infrastructure and determine the needs for future development. TOWN OF MAkANA HONEA HEIGHTS III SPECIFIC PLAN 82 • APPENDIX A: LEGAL DESCRIPTION 83 • PARCEL 1 All that portion of the Southeast Quarter of the Southwest Quarter of the Northeast Quarter of Section 33, Township 11 South, Range 11 East, Gila and Salt River Base and Meridian, Pima County, Arizona, described as follows: Beginning at the Southeast corner of said Southeast Quarter; THENCE South 89 degrees 40 minutes 56 seconds West, along the Southerly line of said Southeast Quarter, a distance of 660.51 feet to the Southwest corner of said Southeast Quarter; THENCE North 00 degrees 11 minutes 36 seconds West, along the Westerly line of said Southeast Quarter, a distance of 610.43 feet; THENCE South 49 degrees 54 minutes 14 seconds East, departing said Westerly line, a distance of 865.92 feet to the Easterly line of said Southeast Quarter; THENCE South 00 degrees 11 minutes 19 seconds East, along said Easterly line of said Southeast Quarter, a distance of 49.06 feet to the Point of Beginning. • ~J 85 PARCEL 2 i A portion of the north half of Section 33, Township 11 south, Range 11 East, Gila and Salt River Meridian, Pima County, Arizona. Said parcel being more particularly described as follows; COMMENCING at the west quarter corner of said Section 33, said corner being a found 2" open pipe; THENCE North 0°34'34" West, 1321.02 feet along the west line of said north half, from said point of the northwest corner of said Section 33 bears North 0°34'34" West, 1321.02 feet, said northwest corner being a found 3" brass disk in hand hole stamped "T.O.M. R.L.S. 18552", THENCE North 89°41'26" East, 400.00 feet (measured and record) along the south line of the northwest quarter of the northwest quarter of said section 33; THENCE North 0°34'34" West parallel with the west line of the northwest quarter of said Section 33, 91.07 feet to the POINT OF BEGINNING, said point being a set %" rebar tagged "RLS 16555". THENCE continuing North 0°34'34" West along said parallel line 63.93 feet, to a set %:° rebar tagged "RLS 16555", THENCE North 89°41'26" East parallel with the south line of the northwest quarter of the northwest quarter of said Section 33, 172.17 feet to a point of anon-tangential curve with a local radial bearing of North 18°10'06" West, concave to the north, said point being aset %" rebar tagged "RLS 16555". THENCE easterly along the arc of said curve to the left having a radius of 1666.85, through a central angle of 1°09'37", for an arc length of 33.76 feet to a point of tangency, said point being a set %" rebar tagged "RLS 16555", THENCE North 70°40'17" East, 16.64 feet to a set tagged "RLS 16555", THENCE North 0°34'34" West parallel with the west line if the northwest quarter of said Section 33, 158.53 feet to a point from which a found 1 %:° aluminum capped pin with punch at the intersection of .Honea Drive with Sandy Street bears South 89°41'07" West, 190.02 feet, said streets established by the plat of Honea Heights at the Pima County Recorders Office at Book 12 Page 58 of Maps and Plats; THENCE North 89°41'07" East, 726.44 feet to a found 1 %:° aluminum capped pin with a punch at the intersection of Sandy Street with Morgan Drive; THENCE North 89°40'52" East, 696.46 feet (measured, 696.35 feet record) to a found railroad spike with cross. cut at the intersection of Sandy Street with Hester Drive; THENCE 89°41'32" East, 242.64 feet to a set rebar tagged "RLS 16555", from which a found railroad spike with cross cut bears North 89°41'32" East, 347.48 feet; .. ss THENCE South 30°00'17" East, 1526.45 feet to a set %" rebar tagged."RLS 16555", from which a found :" rebar tagged "RLS 16555", from which afound %:' rebar tagged "RLS 22759" bears South 30°00'17" East, 373.40 feet; THENCE North 54°51'46" West, 580.98 feet to a point of curvature on a tangent curve concave to the south, said point being aset %" rebar tagged "RLS 16555"; THENCE westerly along the arc of said curve to the left having a radius of 4073.45 feet, through a central angle of 32°42'08" for an arc length of 2,324.96 feet to the POINT OF BEGINNING. The above described parcel contains an area of 24.93 acres, more or less. • • 87 PARCEL 3 All that part of the North half of Section 33, Township 11 South, Range 11 East, Gila and Salt River Base and Meridian, Pima County, Arizona, described as follows: Beginning at the Southwest corner of the Northwest Quarter of the Southwest Quarter of the Northwest Quarter; THENCE Easterly to the Northwest corner of the Southeast Quarter of the Southeast Quarter of the Northwest Quarter; THENCE Southerly to the Southwest corner of the Southeast Quarter of the Southeast Quarter of the Northwest Quarter; THENCE Easterly to the Southwest corner of the Southeast Quarter of the Southwest Quarter of the Northeast 4uarter; The Northerly to the Northwest corner of the Southeast Quarter of the Southwest Quarter of the Northeast Quarter;. THENCE Northwesterly to the Southwest corner of the Northwest Quarter of the Northeast Quarter; THENCE North along the West line of the Northeast Quarter, a distance of 330 feet; THENCE Westerly, parallel with the South line of the North half of the Northwest Quarter, to a point . distant 620 feet East of the West line of Section 33; THENCE Southerly, parallel with the West line of Section 33, a distance of 175 feet; THENCE Westerly, parallel with the South line of the North half of the Northwest Quarter, a distance of 220 feet; THENCE Southerly, parallel with the West line of Section 33, a distance of 155 feet to a point in the south line of the North half of the Northwest Quarter; THENCE Westerly along the South line of the North half of the Northwest Quarter, a distance of 400 feet to the West line of Section 33; THENCE Southerly along the said West line of the Point of Beginning; EXCEPT the West 50 feet of said Northwest Quarter; AND FURTHER EXCEPT all that portion conveyed to Pima County, Arizona, a body politic as described in Deed recorded April 5, 1985 in Docket 7506, page 113. • 88 • ~ APPENDIX B: PLANT PALETTE 89 Appendix B: Plant Pallet C7 A. Tree Palette Acacia constricts "Whitethorn acacia" Acacia greggii "Catclaw acacia" Celtis reticulate "Netleaf hackberry" Chilopsis linearis "Desert willow" Eysenhardtia orthocarpa "Kidneywood" Lysiloma watsoni "Desert fern tree" Morus microphylla "Texas mulberry" Olneya tesota "Ironwood" Parkinsonia florida "Blue Palo verde" Parkinsonia microphylla "Foothills Palo verde" Prosopis velutina "Velvet mesquite" Sapindus drummondii "Soapberry" B. Shrubs: Abutilon palmeri "Indian mallov~' Acacia angustissima "Fern acacia" Aloysia wrightii "Oreganillo" Ambrosia deltoidea "Triangle-leaf bursage" Anisacanthus thurberi "Desert honeysuckle" Artemisia ludoviciana "Western mugwort" Asclepias linaria "Pineleaf milkweed" Atriplex canescens "Fourwing saltbush" Calliandra eriophylla "Fairy duster" Celtis ehrenbergiana "Desert hackberry" Coursetia glandulosa "Baby bonnets" Crossosoma bigelovii "Rhyolite bush" Dales pulchra "Bush dales" Dicliptera resupinata "Dicliptera" Dodonea angustifolia "Hopbush" Encelia farinosa "Brittlebush" Encelia frutescens "Green brittlebush" Ephedra nevadensis "Mormon tea" Ericameria laricifolia "Turpentine bush" Eriogonum fasciculatum "Flattop buckwheat" Gossypium thurberi "Desert cotton" Hibiscus biseptus "Rose mallov~' Hyptis emoryi "Desert lavender" Jatropha cardiophylla "Limberbush" Justicia californica "Chuparosa" Justicia candicans "Mexican honeysuckle" Krameria parvifolia "Range ratany" Larrea divancata (tridentate) "Creosotebush" Lotus rigidus "Deer vetch" Lycium fremontii "Wolfberry" Menodora scabra "Yellow menodora" Plumbago scandens "Plumbago" Senna covesii "Desert senna~ Simmondsia chinensis "Jojoba" Sphaeralcea ambigua "Globe mallow" Tecorna stans v. angustata "Yellow bells" Telosiphonia brachysiphon "Rock trumpet" Trixis californica "Trixis" Vauquelinia californica "Arizona rosewood" Zizyphus obtusifolia "Graythorn" C. Vines Cissus trifoliate "Arizona grape ivy" Clematis ligusticifolia "Old man's beard" Janusia gracilis "Slender janusia" Lachnostoma arizonica Marsh gilensis "Wild cucumber" Maurandya antirrhiniflora "Snapdragon vine" Mirabilis multiflora "Colorado four o'clock" 91 Appendix B: Plant Pallet D. Cacti Carnegiea gigantea "Saguaro" Cylindropuntia arbuscula "Pencil cholla" Cylindropuntia versicolor "Staghorn cholla" Echinocereus fasciculatus "Hedgehog cactus" Echinocereus rigidissimus "Az. rainbow cactus" Ferocactus wislizeni "Fishhook barrel" Mammillaria grahamii "Pincushion cactus" Opuntia engelmannii "Engelmann prickly pears Opuntia santa rita "Purple prickly peas" Peniocereus greggii "Queen of the night" F. Perennial Wildflowers Amoreuxia palmatifida Bahia absinthifolia "Bahia" Baileya multiradiata "Desert marigold" Dichelostemma pulchellum "Desert hyacinth" Dyssodia acerosa "Shrubby dyssodia" Dyssodia pentachaeta "Golden dyssodia" Glandularia gooddingii "Goodding verbena" Oenothera caespitosa "Tufted evening primrose" Penstemon parryi "Parry penstemon" Psilostrophe cooperi "PaperFlower" Ruellia nudiflora "Ruellia" Zinnia acerosa "Desert zinnia" H. Grasses Aristida purpurea "Purple threeawn" Bouteloua curtipendula "Sideoats grama" Bouteloua gracilis "Blue grama" Heteropogon contortus "Tanglehead" Muhlenbergia rigens "Deer grass" Sporobolus airoides "Alkali sacaton" E. Accent Plants Agave chrysantha "Golden-flowered agave" Agave schottii "Shindagger" Dasylirion wheeleri "Desert spoon" Erythrina flabelliformis "Coral bean" Fouquieria splendens "Ocotillo" Nolina microcarpa "Beargrass" Yucca baccata "Banana yucca" Yucca elata "Soaptree yucca" G. Annual Wildflowers Argemone pleicantha "Prickly poppy" Datura wrightii "Sacred datura" Eschscholtzia mexicana "Mexican poppy" Gaillardia pulchella "Blanket flower" Kallstroemia grandiflora "Arizona caltrop" Lupinus sparsiflorus "Desert lupine" Orthocarpus purpurascens "Owl's clover" Proboscidea althaefolia "Devil's claw" • • 92 Appendix B: Plant Pallet • • 1. Prohibited Plants Fountain grass (Pennisetum setaceum) Buffelgrass (Pennisteum ciliare) Johnson grass (Sorghum halapense) Giant reed (Arundo dona~ Common crabgrass (Digitaria sanguinalis) Pampas grass (Cortaderia sel%ana) Mediterranean grass (Schismusspp,) Red brome (Bromus rubens) Tree of heaven (Ailanthus altissima) African sumac (Rhos lancea) Russian olive (E/eagnus angustifo/ia) African rue (Peganum harmala) Salt cedar/tamarisk (Tamarix pertandra and T. ramosissima) Bermuda grass (Cynodon dacry/on) excluding sod hybrid Bermuda Lovegrasses (Eragrostisspp.)exctuding Plains lovegrass (Eragrostis intermedia) Iceplant (Mesembryanthemem crystallinum) Arabian grass (Schisums arabicus) Natal grass (Me/inins (=Rhyncheythrum) repens) Eucalyptus (Fuca/yptusspp.) Periwinkle (l/inca major and I/inca minor J. Prohibited Aquatics Eurasian watermilfoil (Myriophyllum spicatum) Giant salvinia (Salvinia molesta) Hydrilla (Hydrilla verticillata) Water hyancinth (Eichhornia crassipes) 93 • ~ APPENDIX C: DESIGN REVIEW APPLICATION C] 95 Appendix C: Design Review Application HONEA HEIGHTS III DESIGN REVIEW APPLICATION A. General Mailing Address: Building Plan Architect: Landscape Architect: s. Building Data Plan Number: Plan Number: Plan Number: City/State/Zip Phone: Phone: Livable Square Footage: Livable Square Footage: Livable Square Footage: Max.. Height: Max. Height: Max. Height: • C. Application Checklist The following information must be included with your application package: ^ Design Review Fee: $XXX per floor plan, payable to XXXXXXXXXXXX ^ Three (3) full size sets of certified architectural plans complete with floor and elevation plans and mechanical and electrical plans. ^ Three (3) half-size sets of certified architectural plans complete with floor and elevation plans. ^ Three (3) sets of typical front yard landscape plan alternatives to be offered to homebuyers. ^Exterior Color Schemes, including paint and roof the samples and light reflectivity value information: Brand of Paint: Roof Tile Supplier: ^Building Construction type (frame, masonry, etc.): ^Stucco Patter: ^Patios: Indicate type of materials to be used: ^Type of color and finish of: Entry door - Windows- ^ Exterior lighting: Picture must be provided. All exterior lighting must be shielded in design so that the light source is not visible. ^ Location of HVAC equipment must be shown on all floor plans. Ground-mounted units must be concealed by a solid enclosure on all sides visible to a neighboring property. ^ Type of finish to be used on driveways and walkways: ^Fencing: Atypical fence layout must be provided: Size of Block: Color: ^Entry features, landscape or hardscape paving features to add interest, and common area landscape plans. ^Model layout plan, including lot designation, footprint of home, landscaping, fencing, parking lot layout and material used, and plan to convert to typical planting scheme. pEntry way permanent and temporary marketing. signs sz ,..+" ~~ ~~~'# 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 COUNCIL CHAMBERS, March 16, 2010, 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/Inter~overnmental Report: Discussion/Direction/Action regarding all pending state and federal legislation and report on recent meetings of other legislative bodies Discussion: This item is scheduled for each regular council meeting in order to provide an opportunity for discussion of any legislative or regional intergovernmental item that might arise. Periodically, an oral report may be given to supplement the Legislative Bulletins. ATTACHMENTS: Name: Description: Type: O 2010_Legislatiye Bulletin 8,pdf Legislative Bulletin # 8 Backup Material O 2010 Legislative Bulletn_# 9,pdf Legislative Bulletin # 9 Backup Material Staff Recommendation: Upon the request of Council, staff will be pleased to provide recommendations on specific legislative/intergovernmental issues. Suggested Motion: Mayor and Council's pleasure. Regular Council Meeting -March 16, 2010 -Page 171 of 191 ~__ ;_~~:. `h T,. .. ~ I I i ~{ g 4 .~"0.t°"' ~ '~" "'A~~ ,y s .~ t r ` E {£j£j ISSUE 8 -FEBRUARY 26, 2010 Budget Work Pending The Legislature is expected to stop all committee hearings next week to enable legislators to work on the FY 2010 and the FY 2011 budgets. The Senate has already stated committee hearings will be suspended for the week, yet floor activity will continue. The League is anticipating the House to follow suit. Word around the Capitol is legislators will review a list of potential budget strategies for two fiscal years, depending upon the outcome of the temporary sales tax election slated for May 2010. Arizona will have a deficit to address no matter the election outcome; however reduction measures will become more desperate and aggressive if voters do not approve the revenue increase measure. How desperate? Billions more desperate. It is estimated that if the election does not pass, the state's deficit would be $943 million for the current fiscal year, $968 million in FY 2011-12 and $1 billion in FY 2012-13. White it is common for legislators to focus their attention on the budget in March, we are still facing unprecedented times. Legislatures usually are not addressing multiple budget cycles, which depend in part upon the outcome of a special election, in the face of a national depression. The League will keep its membership updated on any pertinent discussions next week, especially those that relate to State Shared Revenue. Eminent Domain: Fact Sheet Over the last several years, the Arizona State Legislature has developed a pattern of attacking eminent domain statutes. Eminent Domain is the power of a governmental entity to take private property for public purposes, with or without the permission of the owner. The US and Arizona Constitutions require "just compensation" for any property taken using eminent domain, and the Arizona Constitution and statutes spell out in detail the purposes for which eminent domain may be used and the process for implementing it. In nearly all cases when property is being acquired for a public roadway or building, the government and property owner negotiate terms of the transfer and agree on a fair price. In those relatively infrequent occasions when there is no agreement on price, the matter Regular Council Meeting -March 16, 2010 -Page 172 of 191 goes to the court system. Despite the fact that the law is clear and strict on eminent domain practices, several bills have been introduced this session that unnecessarily complicate this process. To view the League's Fact Sheet on this matter for use in your discussions with legislators, click here. SB1264 government information, comprehensive report The League testified in opposition to 561264: comprehensive reporting of governmental information, because if its unprecedented level of detail and potential cost. While we have no objection to local government transparency, this bill requires each city and town to maintain a comprehensive website that includes extraordinary levels of online reporting and links to data, sets up new "benchmarking" standards for each expenditure, requires detailed reporting of crime statistics, imposes fines if any information is "not current," and allows any person to file a lawsuit if they believe there is a violation. The sponsor of the legislation, Senator Jonathon Paton (FlrTucson) has resigned from the Senate to pursue the nomination for Congressional District 8, but Appropriations Committee Chairman Senator Russell Pearce (R-Mesa) said he was taking responsibility for advancing the bill. In committee, Senator Pearce agreed many of the provisions of the bill were overreaching and he agreed to work in a stakeholder process to make modifications that are attainable. The bill is related to HB2282, sponsored by Representative 3eve Montenegro (R-Litchfield Park) who is working with the League and other groups to find common ground. We will continue to work with members in both chambers and other local governments to come up with a bill that can be implemented. SB1153 state preemption, knives This bill, sponsored by Senator Chuck Clay (R-Mesa), passed out of the Senate this week and is heading to the House. SB 1153 prohibits municipalities from enacting an ordinance that relates to the transportation, possession, carrying, sale, transfer, manufacture or use of a knife or knife making components in this state. It does allow for assessing sales tax on knife purchases or rentals. The League testified in opposition to this bill, not only as preemption of local control, but also for obvious public safety purposes. SB1398 federal regulations, local coordination This bill, sponsored by Senator Sylvia Allen (R-9~owflake), enables local governments to demand the federal government coordinate with the municipality before enforcing federal mandates. Senator Allen's inspiration for this bill stems from the impact federal legislation such as the National Forest Management Act, the Endangered Species Act, the Clean Air Act and more have had on local governments. This bill was amended in the Senate Natural Resources, Infrastructure and Public Debt Committee Regular Council Meeting -March 16, 2010 -Page 173 of 191 this week, before receiving a do-pass recommendation. The amendment removed a provision that allowed a resident or business person to file a special action in instances where the local government did not demand the federal government coordinate its regulatory efforts. Instead, within 30 days after receiving a written notice from the resident/business person, the municipality shall hold a public hearing to present information on why the decision was made to not demand coordination. The League is grateful for this amendment and will be neutral on the bill as it moves through the legislative process. Alternative Procurement Delivery Method Bill Passes Senate Committee SB1406: procurement; construction; specialized services, passed the Senate Natural Resources, Infrastructure and Public Debt Committee during the week. This lengthy bill makes a number of changes to the statutes governing Alternative Procurement Delivery Method (APDM). A group of public stakeholders (city, county, community college and university representatives) along with the Arizona General Contractors have been working on compromise language amending these statutes for over two years. A consensus was reached among the members of this working group and the result is both SB 1406 and the amendment that passed committee this week. As this piece of legislation moves through the process we are asking for input from cities and towns that utilize these alternative procurement methods. To view the bill and adopted amendment you can click on the links below: Introduced Version Committee Adopted Amendment For an overall summary of the changes the bill and subsequent amendment make to the APDM statutes, click here. H62515 confidential tax information, utilities The House Ways and Means Committee adopted a strike-everything amendment to HB2515: confidential tax information; utilities, that could have serious repercussions on transaction privilege tax (TPT) collections for cities and towns. The bill and the striker were sponsored by FOepresentative Fick Murphy (R-pendale). The amendment would remove prime contracting from its separate TPT classification and require prime contractors to simply pay retail TPT on construction materials they purchase. Currently, contractors pay TPT based on the gross proceeds of sale or gross income derived from their business. (According to the Arizona G~partment of f~venue's most recent annual report, the prime contracting classification generated $743,603,821 in revenues in FY 2008-09, with approximately $646 million deposited to the state General Fund and the remainder distributed to the incorporated municipalities and the counties ) It is our belief that the fiscal impact of this bill will impede its progress, but the League will be keeping a close eye on it. The bill will go through the Rules Committee next. Regular Council Meeting -March 16, 2010 -Page 174 of 191 HB2632 immigration, law enforcement, safe neighborhoods On Wednesday the House Military Affairs and Public Safety Committee (MAPS) passed House Bill 2632: immigration; law enforcement; safe neighborhoods, by a vote of 5-2, with one legislator voting "present." As amended, this bill mirrors Senate Bill 1070, which we wrote about in the January 22 edition of the Bulletin. The bill makes several changes to the enforcement of immigrations laws, and also regarding trespassing by illegal aliens, day laborers, harboring or transporting illegal aliens and employer sanctions. One section prohibits officials and agencies of counties, cities and towns from adopting a policy, ordinance or law that does not permit its officials and employees to fully comply with and, to the full extent permitted by federal law, assist in the enforcement of federal immigration taws. It also allows a person to bring an action in superior court to challenge officials, agencies or personnel of counties, cities, towns and the state if that person believes that a public entity does have such a policy. If there is a judicial finding of a violation, the court shall order any of the following: A civil penalty not to exceed $5,000 for each day that the policy has remained in effect after it has been found to be violating these provisions; Awarding court costs and attorneys fees to the plaintiff. Briefly stated, any official or agency of the state or its political subdivisions would have the responsibility to ascertain the immigration status of an individual if there is reasonable suspicion that the person is here illegally and then report that person to Immigration and Customs Enforcement (I.C.E.). Cities and towns could be sued by anyone who felt the public entity was not following this new law. We do have concerns that there could be actions brought against us, not only for the perception of an unlawful policy, but also by citizens who feel they were wrongly detained. As these bills now mirror each other, only one needs continued movement before landing on the Governor's desk. Session Update This was the final week to hold committee hearings on bills in their house of origin. As a result, activity in committee and on the floor was abundant, with much of the action affecting municipalities. The final tally for bills introduced is 1,232 with 153 memorials and resolutions. It is now important for the League to track amendments and strike-everything vehicles. Last but not least, Senator Jonathan Paton (F~Tucson) announced his resignation from the Legislature Monday in order to join the race for the District 8 U.S. House seat currently held by Representative Gabrielle Giffords. The Pima County Board of Supervisors will be choosing a replacement for him from a list of candidates forwarded by local Republican Party officials. THE WEEDY S~TLIGHT A~present at i ve V c ill lams (R - Tucson) Representative Vic Williams earned a League Champion award in his first Regular Council Meeting -March 16, 2010 -Page 175 of 191 term in office, regularly standing up for the rights of cities and towns throughout last year's sessions. A native of California, Mr. Williams has been actively involved in the Republican Party in Arizona since moving here in 2003. The owner of Real Estate Investments, Representative Williams has also been active in community organizations such as the American Red Cross, the Dove Mountain Rotary, Habitat for Humanity and the YMCA. He is the Vice Chairman of the Public Employees, Retirement and Entitlement Reform Committee, and a member of the Appropriations and' Education Committees. What is your long range vision for Arizona? Job development; we are now in the third year of this recession. We must start planning for our recovery and our future by laying the groundwork for a job friendly environment. The quality of life that we alt desire, such as, good schools, parks and recreation, and a sound infrastructure system are rooted in growing jobs within our state. What are your short term goals for this session? My short term goal for this session is crafting a state budget that brings spending in tine with state historical trends adjusted for population and inflation. I would suggest a review of our appropriations from 1979 till 2002. During that period of time Arizona's general fund budget growth correlated smartly with population and inflation trends. From 2002 until 2008, we lost that vision and had a 70 percent ramp-up in general fund spending while enjoying only a 20 percent growth in state population. I believe by analyzing those numbers we can find the correct spending point at which we as a state should appropriate. If we allow those numbers to lead us to a budget, we as a state will have to find further cuts within the general fund, bring in additional revenue to bridge our short fall, ask the voters of Arizona to amend certain ballot propositions, implement a jobs package and recognize our debt with a realistic and feasible repayment schedule. All of this will be rather painful and will require exacting fiscal discipline and political courage. If we fail to lead and not do as prescribed then we will be destined to a California style meltdown. If you could guarantee one piece of legislation would passe what would it be? HCR2062: State Budget; Deadline Penalty or (which now has been dubbed the "Embarrassment" bill) simply states that the State Legislature, both House and Senate, along with the executive, our governor, must craft and enact a state budget by no later than June 30th of each year. If we fail to enact a budget by the June 30th deadline then the salaries of the House and Senate along with the Governor are withheld in reserve until a budget has been reached and enacted. For the first time in the state's 98-year history, we were unable to develop a budget within our normally recognized timeline. We must work to see that this never happens again. How can the state government and local governments be better partners? State and local governments can be better partners if both parties would start taking the time to establish better and more frequent communication channels. Within my legislative district I try to reach out and chat with my local officials on a regular basis. Having established familiarity and knowing the needs and concerns of my towns allows me to act decisively and with conviction when critical and time sensitive matters arise. Simply put, go have a cup of coffee with the mayor! What's the best book you've read recently? Recently, I have been re-reading chapters of books that I have previously read such as "Age of Turbulence" by Alan Greenspan; "The World is Flat" and "The Lexus and the Olive Tree" by Thomas Friedman; "Winning Right" by Ed Gillespie; and "Los Republicanos" by Leslie Sanchez. Regular Council Meeting -March 16, 2010 -Page 176 of 191 Thank you for your time. Thank you for the opportunity. Legislative ~lletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to leagueC~azleague.org. Regular Council Meeting -March 16, 2010 -Page 177 of 191 More EMINENT DOMAIN REFORM .SNOT NEEDED in nraona. Local governments in Arizona support the protection of private property rights in eminent domain actions. In fact, local and state laws in Arizona have always been among the strictest in the nation. Proposition 207, which was passed in 2006, strengthened the rights of property owners even further. The Arizona Constitution, along with local and state eminent domain laws in Arizona, already provide some of the strictest protections of private property rights in the nation. Senate Bills 1362, 1363, 1365 and 1366 are unnecessary and redundant pieces of legislation because: 90% of eminent domain actions for road improvements and other infrastructure are resolved through negotiation. Only 10% end up in court. We already have Constitutional and statutory requirements to provide "just compensation" for property and relocation. SB 1365 allows owners who receive increased property value due to the public works project to "double dip" by having full cost compensation for their lost property AND the increased value of their remaining property. The proposals add costs to taxpayers, increase the likelihood of litigation, extend the time required to complete construction projects, and introduce new, ambiguous requirements to compensate for "reestablishing lost property, business and livelihoods." Arizona's cities and towns are willing to discuss Arizona's eminent domain statutes, but any changes should be negotiated with all parties participating. Legislation as serious as this should not be based on isolated anecdotes. Vote NO on senate Bills 1362,1363,1365 and 1366. O 0 N rl iii C~ i~r ~I ~. w ~: .~ by O O ~. .--~ N a. H O N ~. 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O ate, ~ O o *~ ~ ~ ~ o °n, ° ~ a o 3 ~ 3 0 ~ .'., ~ +~ ~ a, by ~ ''' ~ ~ ~ ° O ° U ° U cci U O N L7 W y O.r f3~ ~= ~ U~ U ,~ ~ ^' +~+ U ~ U ~ pp ~ n ~ O ~ O r ~ .fl ~ ~ •~ ~ A C v w ~ ~ Z ° ~ y ;: ~ ~ ~ O CL O ++, ~_ .~.' rf, •+,;, c~ ° ^~ O O ~i .v ter" sN. U ~ a~.~ Q •t'"•, •.. O ti O ~ . ~ •; ^O ~ O U Q. O ~ O O ~ p •''' OU p U v .L O r..~ N O '~ D y U G> L1~ ~~ cd 0O. ~' U Q N 'b '~ C c O aq O ° O U ~ O ~ ~ 3 y~j ~ ° ~ 'b 'O ~ ~ • y b ~~+ ~~r O v°i cC ~ `~ O ~ • ~ • ~ 00 +-+ ~ ~ 3 ~ ~ Op•+ 'O C p • O U ~ ~ O N Q"' U ~ ~ O ~ ,~ ~ O 00 . ~ OU cd ' ~ O 'O '~ . O U'~+ :~~-. ~s-+ Nom' U^' U U ~ ~ ~ C.~ ~•~ > .~ ° O~ A O U N „O Q r~i~ f3, O O O O ~ '~ • •, Q . •• U ~ ~ s, - _ D ~ • • • f~ 33 , r} `r - - ~ - ,.a ~~l Ci . - - ISSUE 9 -MARCH 5, 2010 Budget Week This week the Legislature did not conduct committee hearings so that members would be able to discuss the budget in individual meetings with leadership. There are two rumors that have emerged from the week's conversation regarding state shared revenues. The first rumor involves the transfer of the Arizona Juvenile Corrections Department from the state to counties. A possible method of paying for a portion of this transfer of service is to reduce shared revenues by $20M and pass the burden onto municipalities. The League alerted its membership of this rumor earlier in the week, along with the analysis of what this reduction would mean for individual communities. Impacts range from approximately $6M to Phoenix, $2M to Tucson and $300k to Flagstaff for a quick statewide perspective. To view the shared revenue breakdown sheet, click here. Another budget rumor relates to the temporary sales tax election, slated for May 2010. The message to voters may be "pass the tax" or the state will make deep cuts to education and public safety. The cuts to public safety may occur in the form of a devastating reduction of $270M from state shared revenues. Beyond the fact that such a reduction would be crippling to local budgets and is a terrible message to businesses thinking of locating in Arizona, this proposal punishes cities and towns that have been responsible in balancing their own budgets with actual budget cuts and layoffs. Furthermore, local governments agreed to forfeit our traditional share of money (estimated to be nearly $200 million) from the sales tax if it passes, due to the massive crisis in the state budget. Yet it is our public safety service levels that are threatened. It is anticipated the budget, once it is ready for a vote, will be processed via a 7th Special Session. The League will keep its members informed. Session Update Although there was a lot of floor activity this week, no committees met as Senate Appropriations rescheduled for Monday afternoon. As noted above, the cancellation of all other committees was in an attempt for the Legislature to work on the state budget. Bills transferring from one house to the other picked up as the last day to hear bills in the second chamber is March 19th. However, additional time to work on the budget could extend that deadline. Regular Council Meeting -March 16, 2010 -Page 185 of 191 The Pima County Board of Supervisors chose Representative Frank Antenori (R-Tucson) as the replacement for former Senator Jonathon Paton. Paton resigned last week in order to join the race for the Congressional District 8 seat currently held by Representative Gabrielle Giffords. A replacement has yet to be been chosen to take over Rep. Antenori's spot in the House. Names that have been floated as potential replacements are Ted Vogt, Parralee Schneider and Doug Sposito. Senate committee changes are as follow: Senator Chuck Gray replaces Paton as Chairman of Judiciary Committee Senator Ed Bunch appointed to Judiciary Committee Senator David Braswell replaces Senator Steve Pierce in Appropriations Committee HB2512 municipal taxes, auditors and collectors HB2512 prohibits cities and towns from using a third party contractor for tax administration functions or contingency-based auditing. The bill is currently awaiting action in the House Rules Committee. Representatives from the League and Bullhead City met with the sponsor, Representative Fick Murphy (R-C~endale). We highlighted the benefits of having an alternative to the ADOR collection program and the establishment of a city department for the collection and administration of sales taxes. While the League supports the prohibition of contingency fee audits, we continue to work with the sponsor to amend the bill to allow third party tax administration. The League wishes to thanks its membership for the grassroots letter campaign it has championed to inform legislators of city concerns with this bill. HB2596 free exercise of religion Despite repeated requests to the sponsor to amend this bill, House Bill 2596 passed 36-24 on the House floor on Wednesday without any of our recommended changes. Representative Steve Yarbrough (R-Chandler) is sponsoring the bill at the request of the Center for Arizona Policy (CAP). About a year ago, the CAP lost a lawsuit over the siting of a church in a downtown entertainment district in Yuma. Since then, they have claimed that churches need special protection from local zoning laws and other land use laws in order to avoid discrimination. However, HB2596 goes far beyond simply leveling the playing field for churches. It says that religious institutions, as defined by whatever practices a person declares is his or her religion, can locate virtually anywhere he or she wants, regardless of a compelling governmental interest. This actually gives churches special preferential treatment compared to other commercial or business entities, and potentially harms the property rights of neighborhoods and adjoining property owners. The League's recommended amendments would have mirrored the federal Religious Land Use and Institutionalized Persons Act (RLUIPA), which prohibits zoning and other laws that substantially burden the religious exercise of churches. The League will continue to try to have this bill amended in the Senate. Otherwise, a person can use their land-regardless of its location-"in a manner that the person finds satisfactory to fulfill the person's religious mission." HB2060 public conservation monies, transfer Representative Warde Nichols (R•Qlbert) is sponsoring HB2060, which impacts the Growing Smarter Fund. Regular Council Meeting -March 16, 2010 -Page 186 of 191 Voters approved the Growing Smarter Act 1998, directing the state to allocate revenues for the purpose of open space conservation, especially in high growth areas. Approximately $20M from the State General Fund has been preserved in this fund annually as a result. This bill would extend the Growing Smarter Fund through FY 2013; however monies would be redirected in the current fiscal year as follows: ~ $35M would be transferred to the Arizona State Parks Board budget $4M would be transferred to the Arizona Historical Society $1M would be transferred to the Prescott Historical Society of Arizona The bill contains a Proposition 105 clause and an emergency clause, so the measure requires a super-majority vote in both chambers if it is to reach the Governor's desk. Eminent Domain Bills Still Alive The package of bills that would create additional hurdles to implement eminent domain actions have not yet seen action on the Senate floor, but continue to be alive. The League position is that there are many additional protections provided to Arizona property owners beyond those in federal law, and that additional restrictions on the legitimate use of eminent domain simply add time, cost and complexity to public projects. The League fact sheet on this issue can be accessed here. Please let your Senators know that you do not believe additional changes are necessary to Arizona's eminent domain laws. THE WE~QY ~TLIGHT F~present at i ve G~avi d Luj an (D - Plhoenix) David Lujan is a native Arizonan who was born in Phoenix, graduated from Washington High, and earned his B.A. and Law Degree from ASU. On Nov. 4, 2008, David was elected to serve a third term representing District 15, which covers most of central Phoenix. In January 2009, he was elected to serve as the House Minority Leader. David is also serving his second term as a member of the Phoenix Union High School Governing Board. He is also the staff attorney for Defenders of Children (DofC), a non-profit organization that provides legal services for children who are victims of abuse. Defenders of Children was also the first organization to set up an office in the community of Colorado City, providing services to those who were struggling to leave that community. ~' <. David is a volunteer attorney for the Central High School mock trial team and serves on the board of St. Joseph the Worker. He is the recipient of numerous awards for his work in education, civil rights, labor relations and advocacy for women and children, including the 2010 Public Policy Award from the AZ Association of Family and Reconciliation Courts, the 2009 NASW Arizona Chapter's Legislator of the Year Award, the 2009 Greater Phoenix Child Abuse Prevention Council's Cherish the Children Award in Public Policy, and the 2009 Cesar Chavez Continuing the Legacy Award from William Mitchell College of Law in St. Paul, MN. What is your long range vision for Arizona?What are your short term goals for this session? First, we need to balance the .budget. Solving the budget requires making cuts to wasteful non- essential services, closing tax loopholes, using federal stimulus dollars and implementing tough immigration reform. For example, it makes no sense that country club memberships and spa Regular Council Meeting -March 16, 2010 -Page 187 of 191 treatments aren't subject to sales tax, while middle-class families pay sales tax on clothes and school supplies. Those are the types of tax loopholes we need to close so we can cut down on government waste and make our economy stronger and more efficient. The budget is too big to solve from one side of the aisle, and if Republicans would work in a bipartisan way, we could balance the budget without doing irreparable harm to Arizona's future. In the long run, Arizona needs a sustainable tong-term economic plan that keeps jobs, businesses and our economy booming. We need legislation that makes it easier to tap Arizona's could-be No. 1 money maker -the sun. Solar businesses are a huge part of Arizona's economic future and making our state more attractive to solar businesses can jump start our state's economy. We also need to invest and protect education. Arizona right now is last in the nation in education funding, and that's a wrong-track plan that fails to produce a strong future workforce for the worldwide economy. If you could guarantee one piece of legislation would passe what would it be? A budget that puts Arizona back on track. In addition, we need to took at outfitting our law enforcement officers and prosecutors with the tools they need to find and arrest criminals. Phoenix is the kidnapping capital of the nation and we should do everything we can to make sure police can do their job and protect our kids and neighborhoods. I am working closely with Attorney General Terry Goddard on a number of bills to protect Arizonans from crime, including bills to crack down on the illegal sale of weapons to drug cartels and human smugglers, increased penalties for those who use a firearm in the commission of a crime and cracking down on scam artists who commit mortgage and other types of consumer fraud. How can the state government and local governments be better partners? House Democrats are always open, ready and willing to work with local governments and partner with them to make sure cities and towns have the resources they need to thrive. I think for the Legislature as a whole, communication is key to working with local governments and having more and better communication is a must. What's the best book you've read recently?Why would you recommend it? The Political Brain by Drew Westen because it dives into political psychology. 1 think that's important when attempting to work with the other side of the aisle to break through their ideological mindset that blocks progress on the budget. Legislative ~lletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to leagueC~azleague.org. Regular Council Meeting -March 16, 2010 -Page 188 of 191 FY 2010-2011 BUDGET PROPOSAL $20M REDUCTION 2005 TPT/HURFNLT 2009-10 2010-2011 CITY/TOWN POP ** SALES TAX SALES TAX REDUCTION APACHE JUNCTION 34,070 2,619,317 $2,479,246 $140,070 AVONDALE 69,356 5,332,120 $5,046,980 $285,140 BENSON 4,740 364,413 $344,926 $19,487 BISBEE 6,570 505,105 $478,094 $27,011 BUCKEYE 25,406 1,953,225 $1,848,774 $104,451 BULLHEAD CITY 38,210 2,937,602 $2,780,511 $157,091 CAMP VERDE 10,730 824,927 $780,813 $44,114 CAREFREE 3,684 283,228 $268,082 $15,146 CASA GRANDE 32,470 2,496,308 $2,362,816 $133,492 CAVE CREEK 4,766 366,412 $346,818 $19,594 CHANDLER 230,845 17,747,467 $16,798,404 $949,062 CHINO VALLEY 12,325 947,552 $896,880 $50,671 CLARKDALE 3,680 282,920 $267,791 $15,129 CLIFTON 2,596 199,582 $188,909 $.10,673 COLORADO CITY 4,080 313,672 $296,898 $16,774 COOLIDGE 8,180 628,882 $595,252 $33;630 COTTONWOOD 10,860 834,922 $790,273 $44,648 DEWEY-HUMBOLDT 4,030 309,828 $293,260 $16,568 DOUGLAS 17,195 1,321,959 $1,251,266 $70,693 DUNCAN 812 62,427 $59,089 $3,338 EAGAR 4,435 340,965 $322,731 $18,233 EL MIRAGE 32,061 2,464,864 $2,333,053 $131,811 ELOY 11,125 855,295 $809,557 $45,738 FLAGSTAFF 61,185 4,703,930 $4,452,383 $251,547 FLORENCE 20,530 1,578,356 $1,493,952 $84,404 FOUNTAIN HILLS 24,492 1,882,956 $1,782,263 $100,693 FREDONIA 1,110 85,337 $80,774 $4,563 GILA BEND 1,980 152,223 $144,083, $8,140 GILBERT 177,544 13,649,662 $12,919,734 $729,928 GLENDALE 242,369 18,633,437 $17,636,996 $996,440 GLOBE 7,495 576,219 $545,405 $30,814 GOODYEAR 46,213 3,552,876 $3,362,883 $189,993 GUADALUPE 5,555 427,071 $404,233 $22,838 HAYDEN 892 68,577 $64,910 $3,667 HOLBROOK 5,425 417,076 $394,773 $22,304 HUACHUCA CITY 1,830 140,691 $133,168 $7,524 JEROME 330 25,371 $24,014 $1,357 KEARNY 2,249 172,904 $163,658 $9,246 KINGMAN 25,860 1,988,128 $1,881,811 $106,317 LAKE HAVASU CITY 53,435 4,108,107 $3,888,422 $219,685 LITCHFIELD PARK 4,528 348,115 $329,499 $18,616 MAMMOTH 1,762 135,463 $128,219 $7,244 MARANA 26,725 2,054,630 $1,944,757 $109,873 MARICOPA 15,934 1,225,413 $1,159,504 $65,509 MESA 448,096 34,449,821 $32,607,584 $1,842,236 MIAMI 1,955 150,301 $142,264 $8,038 Regular Council Meeting -March 16, 2010 -Page 189 of 191 FY 2010-2011 BUDGET PROPOSAL $20M REDUCTION CITY/TOWN TPT/HURFNLT POP ** 2009-10 SALES TAX 2010-2011 SALES TAX REDUCTION NOGALES 21,830 1,678,300 $1,588,551 $89,749 ORO VALLEY 39,400 3,029,090 $2,867,106 $161,983 PAGE 7,110 546,620 $517,389 $29,231 PARADISE VALLEY 13,863 1,065,794 $1,008,799 $56,994 PARKER 3,280 252,168 $238,683 $13,485 PATAGONIA 920 70,730 $66,948 $3,782 PAYSON 15,430 1,186,265 $1,122,829 $63,437 PEORIA 138,143 10,620,496 $10,052,555 $567,941 PHOENIX 1,475,834 113,462,777 $107,395,249 $6,067,528 PIMA 2,182 167,753 $158,782 $8,971 PINETOP-LAKESIDE 4,165 320,207 $303,084 $17,123 PRESCOTT 40,770 3,134,416 $2,966,800.. $167,616 PRESCOTT VALLEY 33,575 2,581,261 $2,443,226 $138,035 QUARTZSITE 3,600 276,770 $261,969 $14,801 QUEEN CREEK 16,414 1,261,916 $1,194,434 $67,482 SAFFORD 9,360 719,601 $681,120 $38,481 SAHUARITA 13,990 1,075,557 $1,018,041 $57,516 ST, JOHNS 3,865 297,143 $281,253 $15,890 SAN LUIS 22,930 1,762,869 $1,668,598 $94,271 SCOTTSDALE 234,752 18,047,839 $17,082,713 $965,125 SEDONA 10,935 840,688 $795,731 $44,957 SHOW LOW 9,885 759,963 $719,323 $40,640 SIERRA VISTA 43,690 3,358,907 $3,179,286 $179,621 SNOWFLAKE 4,935 379,405 $359,116 $20,289 SOMERTON 9,750 749,584 $709,500 $40,085 SOUTH TUCSON 5,630 432,837 $409,691 $23,146 SPRINGERVILLE 2,065 158,758 $150,268 $8,490 STAR VALLEY 2,006 154,222 $145,975 $8,247 SUPERIOR 3,254 250,169 $236,791 $13,378 SURPRISE 88,265 6,785,853 $6,422,973 $362,880 TAYLOR 4,100 315,210 $298,354 $16,856 TEMPE 165,796 12,746,470 $12,064,841 $681,629 THATCHER 4,550 349,806 $331,100 $18,706 TOLLESON 6,498 499,569 $472,854 $26,715 TOMBSTONE 1,610 123,778 $117,158 $6,619 TUCSON 529,770 40,728,954 $38,550,935 $2,178,019 WELLTON 1,970 151,454 $143,355 $8,099 WICKENBURG 6,077 467,202 $442,218 $24,984 WILLCOX 3,885 298,681 $282,708 $15,972 WILLIAMS 3,145 241,789 $228,859 $12,930 WINKELMAN 443 34,058 $32,237 $1,821 WINSLOW 9,835 756,119 $715,685 $40,434 YOUNGTOWN 6,163 473,814 $448,477 $25,338 YUMA 89,306 6,865,885 $6,498,726 $367,160 TOTALS 4,864,696 374,000,000 $354,000,000 $20,000,000 Regular Council Meeting -March 16, 2010 -Page 190 of 191 More EMINENT DOMAIN REFORM isNOT NEEDEDinnrizona. Local governments in Arizona support the protection of private property rights in eminent domain actions. In fact, local and state laws in Arizona have always been among the strictest in the nation. Proposition 207, which was passed in 2006, strengthened the rights of property owners even further. The Arizona Constitution, along with local and state eminent domain laws in Arizona, already provide some of the strictest protections of private property rights in the nation. Senate Bills 1362, 1363, 1365 and 1366 are unnecessary and redundant pieces of legislation because: 90% of eminent domain actions for road improvements and other infrastructure are resolved through negotiation. Only 10% end up in court. We already have Constitutional and statutory requirements to provide "just compensation" for property and relocation. SB 1365 allows owners who receive increased property value due to the public works project to "double dip" by having full. cost compensation for their lost property AND the increased value of their remaining property. The proposals add costs to taxpayers, increase the likelihood of litigation, extend the time required to complete construction projects, and introduce new, ambiguous requirements to compensate for "reestablishing lost property, business and livelihoods." Arizona's cities and towns are willing to discuss Arizona's eminent domain statutes, but any changes should be negotiated with all parties participating. Legislation as serious as this should not be based on isolated anecdotes. Vote Ho on Senate Bills 1362,1363,1365 and 1366.