Loading...
HomeMy WebLinkAboutCouncil Agenda Packet 04/20/2004• Mayor Vice Mayor Council Member Council Member Council Member Council Member Council Member Town Manager TQWN OF MARANA ARLZQNA CQ'LTNCIL MEETING AGENDA 13251 N. Lon Adams Road.. Apri120t 2004 - ?;00 pm. Bobby Sutton, Jr. herb Kai Jim Blake Patti Comerford Tim Escabeda Ed Honea Carol McGorray Mike Reuwsaat Welcome to this Martina Council Meeting. Regular Council Meetings are usually held the first and third Tuesday of each month at 7:00 pan. at the Martina Town Hall, although the date or time may change, or Special Meetings may be called at other times and/ar places. Contact Town Hall or watch for posted agendas. for other meetings. This agenda may be revised up to twenty-four hours prior to the meeting. In such a case a new agenda will be posted in. place of this agenda. If you are interested in speaking to the Council during Petitions and Comments, Public Hearings, or other agenda items, you must fill out a speaker card (at the rear of the Council Chambers) and deliver it to the Clerk in advance of the agenda item you wish to address. It is ug to the Mayor and Council whether individuals will be allowed to address the Council on issues other than Announcements, Petitions & Comments, and Public Hearings, All persons attending the Council Meeting, whether speaking to the Council or not, are expected to observe the Council Rubs, 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. To better serve the citizens of Martina and others attending our meetings, the Council Chamber is wheelchair and handicapped accessible. Any person who, by reason. of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such. special services are available upon prior request, at least ten. (10) working days prior to the Council Meeting. For a copy of this agenda or questions about the Council Meetings, special. services, or ..procedures, please contact Jocelyn C. Bronson, Town Clerk, at G82-3401, Monday through Friday from 8::00 a,m. to 5;00 g.m. ACTION MAY BE TAKEN BY THE CQUNCIL QN ANY ITEM LISTED QN TffiS AGENDA. Amended agenda items appear in italics. Posted no later than April 16, 2004 by 7:00 o'cIock p.m., at the Martina Town Hall, Martina Police Department, and the Martina Development Services Center. D TOWN OF MARANA, ARIZONA COUTTCIL MEETING AGENDA 13251 N. Lon Adams. Road. April 2Qx 2004 -- 7:QQ p.m. I. CALL TG QRDER r II', PLEDGE OF ALLEGIANCE III. INVQCATION/M4MENT OF SILENCE lV, ROLL CALL V. APPROVAL QF AGENDA VI. ACCEPTANCE QF MINUTES Minutes of the April 6, 2QQ4 Council Meeting - III. CALL TQ THE PUBLIC ~ ANNQUNCEMENTS ~ INTRQDUCTIQNS ~ UPCOMING E~?ENTS At this time, any member of the public is allowed to address the Town Council on any issue not already en tonight's agenda. The speaker may have up to three (3} minutes to speak.. Any persons wishing to address the Council must complete a speaker card (located at the rear of the Council chambers) and deliver it to the Town Clerk prior to this agenda item being called. 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, VIII. STAFF REPQRTS III. GENE]2AL ORDER QF BUSINESS A. CONSENT AGENDA The consent agenda contains agenda 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 he discussed and voted upon separately, immediately following the consent agenda. 1. Resolution No. ZQQ4-4Q: Relating to Animal Control Services; Approving Amendment No. I of the Intergovernmental Agreement with Pima Animal Care Center far the Provision. of Animal. Control Services within the Town of Marano (Jocelyn Bronson) Z, Resolution No. 20Q4-4S: Relating to Marano Founders' Day; Approving the third weekend in March of each year for the official celebration (Jocelyn Bronson) TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams. Road.. Apri120, 2004 - ?;00 g.m. 3. Resolution ~To, X004-47: Relating Ito Public Works; authorizing acceptance ~f the counteroffer to purchase land owned. by Ina & Silverbell I Linnited Partnership on the Southeast corner of Ina Road and Silverbell Road (~. Thomas Gill} 4. Resolution No. 2004-48: Relating to Water Service; Approving and Authorizing the Execution of.the First Amendment and. Addendum to Town of Marana Agreement for Construction of Water Facilities and Provision of Water Utility Service between the Town of Marana and Diamond Ventures, Inc., Continental Reserve, LLC and Pima Farms 160, LLC, pertaining to the Ironwood Reserve Project. B. GOUNCII. ACTION 1. Resolution No. 2004-46: Relating to Boards, Commissions and Committees; Approving the Formation of the Marana Teen Advisory Council (Mike Brummett) 2. PUBLIC HEARING: Ordinance No. 2004.07: Relating to development; rezoning the 103-acre Willow Ridge property along the south side of Cortaro Farms Road east of Hartman Lane and west of Star Grass to R-6 (60 acres, R 16 (34 acres) and NC (9acres}, (Kevin Kish) 3. Resolution No. 20Q4-49: Relating to development; approving and authorizing the execution of a development agreement relating to the Willow Ridge development project (Frank Cassidy) 4, State Legislative Issues - DiscussionlDirection/Action regarding all pending bills before the Legislature (Mike Reuwsaatl C`, MAI'OR AND COUNCIL'S REPORT D, MANAGERS' REPORT X. FUTURE AGENDA ITEMS XI, ADJOURNMENT --? ~i' ~ Bobby Sutton, Jr., Mayor • 3 t- • x 1~~IINUTES OF R~:GULAR COUNCIL 1~]F[:TING ~~IARANA TOWN BALL .APRIL 6, 200 ., PLACE AND DATE Marana Town Hall, Apri16, 2004 _.~ I. CALL TO ORDER By Vice Mayor Kai at 7:00 p.m. II. PLEDGE OF ALLEGIANCE Led by Vice Mayor Kai III. INVOCATIONfMOMENT OF SILENCE Brad. DeSpain delivered the invocation. IV. ROLL CALL COUNCIL Bobby Sutton, Jr Herb Kai Jim Blake Patti Comerford Tim Escobedo Ed Honea Mayor Vice Mayor Council Member Council Member Council Member Council Member Council Member Excused Present Present Present Present Present Present Carol McGorray STAFF Mike Reuwsaat jaret Barr Frank Cassidy Jocelyn Bronson Town Manager .Present Interim Development Services Admin. Present Town Attorney Present ' Town Clerk Present Attached is a list of public attendees. V. APPROVAL OF AGENDA Upon motion by Council Member Blake, seconded by Council Member Honea, the agenda was unanimously approved. VI. ACCEPTANCE OF MINUTES :~ Upon motion by Council Member McGorray, seconded by Council Member Blake, the minutes of the March 16, 2004 Council Meeting were unanimously approved. 1 ~~~ ~ MINUTES OF REGULAR COUNCIL MEETING ~~ ~ I~IARANA TOWN HALL .~ APRIL 6, 2004 VII. CALL TO THE PUBLIC/ANNOUNCEMENTS Kevin Kish introduced-a-new employee in the Planning and Zoning department, Tim Bolton. The Town Council members all welcomed Mr. Bolton. Chief Vidaurri spoke before the Council regarding the 2nd Annual Team Roping Fundraiser for Special Olympics sponsored by the Marana Police Department (MPD) in conjunction with several other organizations. He introduced Officer John DeStefano, MPD coordinator and facilitator, who briefed the Council on the accomplishments of this event. Officer DeStefano reported that their fundraising efforts had already exceeded last year's amount and were in excess of $6,700 after all expenses were paid. He said that August 31St was the deadline and that MPD and the Town were listed on the Special Olympics of Arizona T-shirt being circulated throughout Arizona. Council Member Escobedo recognized Brad DeSpain for his efforts in assisting with the team roping fundraiser. He congratulated everyone on a job well done. Brad DeSpain. reported the passing of Milton DeSpain on Sunday, April 4th, who was the father of former Mayor and Council Member Ted DeSpain. He said that funeral services were planned for Saturday, April 10th, in their hometown of Joseph City, Arizona. VIII. STAFF REPORTS Mike Reuwsaat announced that Leslie Liberti would be leaving the Towri s employ soon to go to the Southwest Conservation Alliance. He added that P~arhad Moghimi was also leaving the Town to go to the AMAC Engineering shop, which was working on the Twin Peaks Interchange project. He asked that the Council and public give these two employees a round of applause for their service to the 'own over the years. I?C> GENERAL ORDER OF BUSINESS A. CONSENT AGENDA 1. Resolution No. 2004-37: Relating to Board, Committees and Commissions; Approving the Reappointments of Russell Dove and Steve Miklosi to the Marana Business Advisory Committee (Roy Cuaron) 2. Resolution No. 2004-39: Relating to Subdivisions; Approving the Sombra de Tecolate Final Plat (Kevin Kish) 2 11IINLTTES OF REGULAR COUNCIL l~~IEETiNG R~IAIL~NA TOWN HALL APRIL 6, 200 3. Resolution No. 2004-40: Relatin to Subdivisions; A rovin a Final Plat g Pp g for Gladden Farms Block 5 (Kevin Kish) Upon motion by Council Member Escobedo, seconded by Council Member McGorray, the consent agenda as written was unanimously approved. B. COUNCIL ACTION 1. PUBLIC HEARING: Resolution No. 2004-38: Relating to Subdivisions; Approving the Continental Reserve Block 16A Preliminary (Kevin Kish) Kevin Kish presented this item before the Council and gave a brief outline of the proposed subdivision within the second phase of the Continental Reserve development. He said that the Plat was subject to the Marana South Transportation Benefit Area impact fee which would be collected at the time of the building permitting. He noted that the project met all of the requirements per the review and he recommended approval. Upon motion by Council Member .Comerford, seconded by Council Member Escobedo, the public hearing was opened. There were no comments or questions regarding this item. Vice Mayor Kai closed the public hearing. Upon motion by Council Member Blake, seconded by Council Member Honea, Resolution No. 2004-38 was unanimously approved. ' 2. Ordinance No. 2004.01: Relating to Annexation; Extending and Increasing the Corporate Limits of the Town of Marana, Arizona, Pursuant to A.R.S. §9-471 by Annexing that Territory Known as Saguaro Ranch East (Dick Gear) Mr. Barr spoke before the Council about this proposed ordinance. He said that all notification requirements had been properly complied with for this annexation and that the annexation met the requirements set forth by State statutes. He noted that the proposed ordinance represented the final step of the annexation process and that the Town staff recommended approval. Upon motion by Council Member McGorray, seconded by Council Member Blake, Ordinance No. 2004.01 was unanimously approved. 3 MINUTIJS OFREGULAK COUNCIL ~~irETING hIARANA TOWN HALL _ APRIL G, 200 3. Resolution No. 2004-42: Relating to Development Agreements; Approving and Authorizing the Mayor to Execute a First Amendment to the Saguaro Ra~sch Pre-Annexation Development Agreement (Frank Cassidy) ; Mr. Cassidy presented this item before the Council and said that it related to an agreement affecting a portion of the Saguaro Ranch East Annexation area approved by the previous item. He said that the proposed resolution extended the extinct pre-annexation development agreement for Saguaro Ranch to the portions of the land just annexed that were owned by the Saguaro Ranch developer. He said that the resolution did not extend that development agreement to several private owners within the annexation area but that those private owners could chose to come into the area later under a separate agreement. Upon motion by Council Member Honea, seconded by Council Member Blake, Resolution No. 2004-42 was unanimously approved. 4. Resolution No. 2004-41: Relating to Development; Approving and Authorizing the Execution of an Amended and Restated Development Agreement with Best Associates II, LLC Regarding the Saguaro Springs Development Project (Frank Cassidy) Mr. DeGrood presented a brief outline of this item to the Council. He said that the original. development agreement was entered into in 1998 and that several changes had been made with respect to the project, the surrounding infrastructure requirements, and Town policies toward development. He Listed some of the differences between the original development agreement and the amended and restated development agreement which included roadway improvements, transportation impact fee increases related to the now-adopted Marana South Benefit Area, and drainage improvements not required as part of the original agreement. He added that a 10-acre school site and a park site would also be developed as part of this project. Upon motion by Council Member Escobedo, seconded by Council Member Honea, Resolution No. 2004-41 was approved 6-0. Council Member Comerford inquired about the project development being protected for 19 years and about the avigation easement required for the disclosure information regarding the Marana Northwest Regional Airport. 4 MiNITTES OF I2EGLLAR COUNCIL ~1IECTING ]~~IAI2t1N~~ TOWN HALL APRIL 6, 200 Mr. Cassidy replied that the original development agreement granted development rights for a period of 25 years and that the amended and restated development agreement allowed for the balance of those years of protection. He added that a signed avigation easement would be obtained from each homebuyer. He said that the airport traffic information was included in the title report and in the public report that was given in the subdivision information. Council Member Comerford stated that, in mentioning this fact, she was attempting to protect the Town from future problems related to the airport and the cement conveyor belt operation. Mr. Reuwsaat stated that the notification for the conveyor belt was the same as the airport notification. Council Member Blake said that during the discussions with the developer that a condition had been indicated that disclosure statements regarding the cement conveyor belt and the. airport traffic would be signed by the homeowner signifying that the homeowner was aware of these two situations. Vice Mayor Kai said that the Council was simply trying to insure that each potential homebuyer was fully aware of these two situations impacting the subdivision project. Pat Lopez, an attorney representing the developer, spoke before the Council regarding the two disclosure documents. He said that, with respect to the Arizona Portland Cement agreement, there were detailed requirements with regard to notice and recordation. He said that the avigation easement agreement had been received from Town staff and contained standard avigation easement language that had been required of other developments. He commented that the developer was complying with all of the Towri s requirements. Council Member Comerford said that she appreciated the comments by Mr. Lopez and the long negotiations that the developer had been subject to over the years but that she was still concerned about protecting the public. She said that she was somewhat uneasy with the documents required for signature by the homebuyer and that it was good that Arizona Portland Cement (APC) was satisfied with the conveyor belt operation document. 5 MINUTES OF RCGULAR COUNCIL MEETING 1~IARANA TOWN HALL APRIL 6, ?Q0~ She noted that this had been a difficult negotiation but that residents would be lodging their complaints with the Town Hall and not the cement plant operation. - Mr. Lopez responded by saying that, under Arizona law, every homebuyer was required to receive an Arizona Public Report and acknowledge receipt of the report which was required to include disclosure of all matters of public record which would include the avigation easement and the APC agreement. He said that a mechanism, namely the recordation of the disclosure documentation, was in place where the potential homebuyer was informed of any encumbrances on the property in question. He added that the law went a step further by requiring the notification of each homebuyer in the subdivision to receive the public report, acknowledge receipt of the public report, and to include the encumbrances in the public report. Council Member Blake commented that all of this information was true but that there was nothing in the laws that indicated that the homeowner had read and understood the avigation agreements or the APC agreement. Mr. Lopez attempted to ease the Council members concerns and said .that the developer had met all the legal requirements. He suggested that, if the Council chose to take a position with every development that might be an issue of concern, an unwieldy system might be created. The Vice Mayor called for a vote and the vote was 6-0 with one abstention. Council Member Comerford abstained from the vote. Mr. Reuwsaat said that he appreciated the Council's valid concerns. He said that there may be residents in the future who would approach the Town Council and senior staff regarding these issues. He said that the Town staff was now alerted to the Council's concerns and may chose to reconsider the development requirements. 5. Resolution No. 2004-22: Relating to Water Service; Approving and Authorizing the Execution of an Amendment to the Agreement between the Town of Marana and Best Associates II, LLC, for Construction of Water Facilities and Provision of Water Utility Service for Saguaro Springs (Brad DeSpain) 6 ., I~11MlTES OF REGULAR COUNCIL MEETING i1~1ARANA TOWN HA1~L APRIL 6, 2001 Mr. Cassidy presented this item before the Council and said that this was a simple agreement. He noted that the only reason an agreement was required was because the standard agreement template stated that the developer, who was required to put in the water system equipment and pipes, only received reimbursement for the connections made during the period of the initial agreement and not for the extensions. He said that the new agreement allowed the developer to be reimbursed for the extension periods as well. Upon motion by Council Member McGorray, seconded by Council Member Honea, Resolution No. 2004-22 was unanimously approved. 6. Resolution No. 2004-15: Relating to Subdivisions; Approving the Saguaro Springs Final Plat (Kevin Kish) Mr. Kish presented this item to the Council. He outlined the project and said that, due to a significant change with the removal of a proposed golf course, the preliminary plat was amended and approved by the Town Council on May 1, 2001, with one condition. He said that the final plat being considered at this meeting reflected the changes necessitated by agreements with Arizona Portland Cement (APC) and the Town of Marana. He said that the school and park sites were relocated adjacent to each other in Block 5, and the streets and drainageways remained essentially the same with the exception of the expanded Block A. He explained that the streets were all to be public streets and would be dedicated to the Town for maintenance. Mr. Kish continued by stating that, as a condition of the rezoning, the project had a density or unit cap of 2,509. He related that the property was located within several zoning districts including R-6 (single family residential, minimum lot size 6,000 sq. ft.), MH (Manufactured Housing), R-36 (single family residential, minimum lot size 36,000 sq. ft., and C (Large Lot Zone) and that the project site was currently vacant farmland. He said that the MH district, as reflected in the development agreement considered and approved by the Council during a previous item, would be developed with single-family site-built housing per a commitment by the developer. He said that the drainage system had been widen and would implement a pedestrian pathway running through the entire community. He stated that the trail system had been designed to circulate throughout the project with approximately 5-6 miles of trails. He explained that there were several physical encumbrances associated with the property including the aviation issues, the APC conveyor system, and the El Paso Gas Line which bisected the property as well. He noted that two _. _ _ MINUTES OF REGULAR COUNCIL I~7FETING MAI2ANA TOWN HALL APRIL C, 200-1 conditions were included in the final plat request which dealt with archaeological issues and the requirement for comprehensive design guidelines to be--~n place prior to project production. He concluded by saying that approval of the final plat with conditions was recommended. Council Member Escobedo stated his concerns with the drainage under the APC roadway and asked how that would be secured in order to prevent flooding. Mr. Reuwsaat replied that this issue had been one of the significant areas of contention during the negotiations. He said that the drainageway design was finalized with Arizona Portland Cement's assistance and approval and that one-way gates were planned to keep children from entering the areas in question. Council Member Honea commented that the schools had been moved to the larger site of the development in order to alleviate the number of children entering the drainageway areas. Upon motion by Council Member Escobedo, seconded by Council Honea, Resolution No. 2004-15 with conditions was unanimously approved. 7. Resolution No. 2004-43: Relating to Roads; Approving and Authorizing the Mayor to Execute an Intergovernmental Agreement with Pima County for Design and Construction of Improvements to Cortaro Road (Frank Cassidy) Mr. Cassidy presented this item and explained that this was an intergovernmental agreement (IGA) with Pima County concerning the design and construction of improvements to Cortaro Road. He said that this IGA would provide the Town with $7M out of the $8.2M that was originally allocated to this project by the County as part of the 1997 Bond funding. He stated that the .1997 bond funds were for roadway improvements along Cortaro Road from the Union Pacific Railroad Crossing to Thornydale Road but that this was not enough money to complete the proposed improvements. He said that negotiations with the County had resulted in a commitment of $7M for the segment from the railroad tracks to Camino de Oeste and then transitioning down to the two- lane cross section of Star Grass Drive. He explained that the proposed resolution recognized that certain right-of-ways from adjacent property were required and that participation with the design costs were also needed 8 MINUTES OF REGULAR COUNCIL ~IEFTiNG 11~IARANA TOWN HALL APRIL G, 200 from the adjacent property owner. He said that if a current rezoning effort of the Willow Ridge development was approved then the Town would be authorized to enter into the IGA but that the Town did not want to take on the financial obligation if the rezoning effort failed. Upon motion by Council Member Blake, seconded by Council Member McGorray, Resolution No. 2004-43 was unanimously approved. Mr. Reuwsaat commended Jaret Barr for his part in the negotiating process with Pima County. He said that he was also appreciative of Supervisor Sharon Bronson, County Administrator Chuck Huckleberry, and Deputy County Administrator Mike Hein for their support of this effort. 8. Presentation on Preliminary Infrastructure Requirements for Northern Marana (Jim DeGrood) Mr. Reuwsaat spoke before the Council regarding this item saying that it related to the extreme demands for growth in the northwest area. He pointed out that, due to the urgency of the development by the developers and by the Town and to insure that appropriate plans were made for the community in a manner that would befit the area over the next 15 to 20 years, Mr. DeGrood had been tasked to work on several community elements necessary in order to accomplish that goal. He said that Mr. DeGrood would present to the Council an explanation of those elements. Mr. DeGrood gave an in-depth presentation on preliminary infrastructure requirements for northern Marana. He said that within the area of northwest Marana there would be approximately 18,000 dwelling units constructed on the west side of I-10 and approximately 8,000 on the east side. He said that this figure was based on the Northwest Marana Area Plan and went beyond it as the plan did not consider the density to the west of Sanders Road. He said that with floodplain changes the area was now being sought after by developers and had the capability to be converted over to residential properties. A copy of this presentation was distributed to the Council members and has been made a permanent part of this record. 9 MINUTES OF REGULAR COUNCIL MEETING ~~ MARANA TO~'~N HALL APRIL 6, 200 Mr. DeGrood listed the proposed roadway improvements planned for completion by 2010, by 2020, and by 2030, which all included four lane and two lane road improvements as well as interchange improvements. He remarked that the projected transportation infrastructure costs through 2030 were approximately $269M, breaking down to $10, 350 per unit for the estimated 26,000 dwellings. He noted that the costs projection did not include the cost of interim improvements such as minor widening, traffic signals, pavement strengthening, or any maintenance. Mr. DeGrood spoke about the projected parks and recreation facilities needs which were based on the National Parks and Recreation Standards that called for 6 acres of active recreation per 1,000 population. He said that, based on the future park needs on both sides of I-10, the projected park lands need was for an additional 378 acres with an estimated $68M in acquisition .and improvement costs. Mr. Reuwsaat commented that most of the park sites marked on the presentation maps were sites that had been previously identified by the public. He noted that the projected plans differed slightly from the current Continental Ranch area park lands. He said that the projections were exemplifying a regional parks system that was well spaced and would create the ability to have all of the various types of amenities such as baseball, soccer, and swimming. Mr, DeGrood said that there were other areas that needed to be examined for this study. He listed those areas as the cost of general government capital expenses, drainage improvements needed in the northwest area, school needs, potable and non-potable water issues, and the Cortaro- Marana Irrigation. District's conversion from a rural to an urban irrigation utility. Mr. Reuwsaat thanked Mr. DeGrood for his hard work on this project. He said that he was proud of the fact that the Town was being proactive on these issues. • ~o 1~HNLT'TES OF REGULAR COUNCIL MELTING ~~TAILINA TOWN HALL APR1L 6, 200 9. Conservation Planning Process Update (Leslie Liberti) Leslie Liberti updated the Vice Mayor and Council on the Conservation ' Planning process. She distributed an informational handout which has been made a permanent part of this record. Ms. Liberti said that in December 2002, the Town elected to pursue a Habitat Conservation Plan (HCP) to evaluate the need for and, if appropriate, pursue an incidental take permit for endangered species at compliance. She said that this effort was supported in part by a grant from the U.S. Fish and Wildlife Service (FWS) in the amount of $207,000. She explained that the Town's planning process was broken into three planning phases and the grant was intended to assist in the first two phases of that process. She noted that another grant from FWS for $110,000 was available for .the completion of the HCP's third phase. She said that the receipt of the grant was formalized in an IGA .between the Town and the U.S. Game & Fish department which specified the Towri s responsibilities in exchange for the grant monies. Ms. Liberti continued her update by outlining the elements of an HCP. She explained that the permit area for the Town was basically the jurisdictional boundaries with a slight area of flexibility for mitigation needs or cooperation with other agencies. She said that the permit length was 25 years which corresponded not only with the Towns long range transportation plan but also with the projected 100% build-out with urban development. She listed the covered activities in general which were identified as CIP projects and urban development and the covered species list which included 16 species. She pointed out that four of those 16 species had been listed as high need species and included the pygmy-owl (endangered), the burrowing owl (candidate for listing), the'Tucson shovel- nosed snake, and the ground snake. She related that the Town staff was currently working with the Technical Biology Team to evaluate the impact of proposed covered activities on target species and to develop the conservation strategies. She noted that this process would continue through June 2004. The Environmental Coordinator said that a final draft HCP would be brought before the Council in September 2004 with a decision regarding how to move forward. Mr. Reuwsaat commented that Ms. Liberti's update .was extremely condensed from the detailed process that actually occurred and that he was very proud of her outstanding work on this project. He said that the 11 1~~IINU'I'I:S OF REGULAR COUNCIL I~~iEFTING MARANA TOWN HALL ` :APRIL 6, 2004 conservation strategies that were being looked at were not significantly cumbersome because of the work with the Technical Biology Team and Ms. Liberti. He noted•~hat Ms. Liberti would be staying on through September 2004 as the lead consultant for this project and he asked that she introduce her replacement. Ms. Liberti introduced Tyler Jones, GIS Analyst, to the Council and praised him for his outstanding technical analysis since joining the staff in November 2003. 10. State Legislative Issues - Discussion,/Direction/Action regarding all pending bills before the Legislature (Mike Reuwsaat) There was no report given at this time. C. MAYOR AND COUNCIL'S REPORT Council Member McGorray introduced Sergio and Shelly Martinez, the 4-H Leaders for Red Rock, Arizona. The Council Member reported that four Marana High School students from this area had placed high in the Swine Masters Group at the recently held 2004 Pima County Fair. She named the four students and their accomplishments as follows: Showmanship, Senior Division: Justin Morgan, Grand Champion Showmanship, Senior Division: Jenny Morgan, Reserve Champion Showmanship, Senior Division: Kate Murphy, Third Place Showmanship, Senior Novice Division: Mara Hovey, Grand Champion Council .Member McGorray continued her report by saying that she had attended an event sponsored by the League of Women Voters at Sunnyside High School. She explained that the event was an opportunity for elected officials to interact with junior and senior girls in order to interest them in civic groups and the voting process. She said that it was a great exchange of information and a wonderful way to promote the notion that the female students could also aspire to be elected officials one day as well. r 12 ~~IINUTES OF REGULAR COUNCIL MEETING ~~IAI2ANA TOWN HALL APRIL,6, 200- Vice Mayor Kai reported that he taken athree-day bus tour with the Central Arizona Project (CAP) Board members of the Yuma De-Salting Plant. He said that this was an important issue as the CAP was obligated to release 100,000 acre-feet of CAP water from Lake Mead during this time of water shortage to satisfy a Mexican obligation. He noted the CAP Board would like to re-open the Yuma De-Salting Plant to release more water to Mexico. He said that the group began the tour at Lake Havasu at the Metropolitan Water Pumping Plant that takes water to southern California. He reported that they also toured the Mark Wilmer Pumping Plant that brings water into the Marana area CAP canal. The Vice Mayor said that a bus took them to look at the Palo Verde Irrigation District in Blythe, California, stopping at the Cibola Wildlife Preserve and then down to the plant in Yuma, Arizona. He said the group then took a three hour drive to tour the Cienega del Santa Clara, which is a brackish water drainage area that all the CAP drainage water has been going down and supporting a lot of the endangered species. Vice Mayor Kai complimented the tour, saying that it was informative and that there .had been a good representation involved. D. MANAGERS' REPORT Mr. Reuwsaat commented on the schedule for the next several months during the finalization of the budget and asked that the Council members work with Diane Mangialardi to work on establishing a meeting schedule for budget study sessions prior to the public hearing and final adoption of the new budget. He said that he would like the study sessions to begin April 27~. He reported that Council Member Escobedo and he were planning to attend a lunch meeting with Pinal County Supervisor Luiz regarding the future~of La Osa, a proposed development at the County line between Pinal and Pima Counties. He said that the development size, timeline, and location would be the main topics discussed. He said that on Wednesday, April 7~, he and a representative from the Marana Police Department (MPD), along with Tony Casella, would meet with Pima County Administrator Chuck Huckleberry to discuss the regional communications systems. He reported that topics of discussion would be the Town of Marana's needs, which were fairly substantial, and where the Town would fit within the short and long term of the regional communications system planned for funding through the May 18~ bond issue. r 13 MINUTES OF REGULAIt,COUNCIL MEE"KING l~~IARANA TOWN HALL APRIL 6, 200 • The Town Manager reminded the Council members that Friday, April 9~, was the re-scheduled date for the Marana Municipal Complex Beam Topping Ceremony to be heh~at noon. He noted that lunch would be available at the construction site. He mentioned that he had recently met with Tucson City Manager Jim Keene regarding safety and liability issues relating to unlicensed scooters. He said that he suggested there be a joint effort between the City of Tucson and the Town in working on an ordinance dealing with these small mobile units. Mr. Reuwsaat commented that. this was a timely issue that both jurisdictions were interested in resolving before serious repercussions occurred. X. FUTURE AGENDA ITEMS Council Member Escobedo asked that an item related to the Marana Teen Advisory Council be placed on the April 20~ agenda. He reported that 1,600 students had been surveyed and that 90% had indicated their interest in participating. The Council Member asked that the Town Clerk draft a letter thanking Marana High School Principal Jan Truitt for her support of this effort. XI. ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Council Member Blake, approval to adjourn was unanimous. The. time was 8:34 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on April 6, 2004. I further certify that a quorum was present. Jocelyn Bronson, Town Clerk 'These minutes have been transcribed but not read U 14 • +r STAFF REPORTS TO COUNCIL • Building Town Clerk Court Parks & Rec Planning Police Finance Human Resources ~/ PW/Engineering ~/ Water a • PUBLIC WORKS STAFF REPORT ~agi~al ~nZprovement projects Che following are capital improvement projects in design. Ina Road Roadway Improvements Ina Road Bridge Improvements-Bridge 1-10 to Silverbell Road over the Santa Cruz River This project consists of roadway improve- This project consists of constructing a new ments including design and reconstruction to bridge over the Santa Cruz River south of widen to four lanes with multiuse lanes, me- the existing bridge. Construction will also dian island, curb, curb and gutter and side- include rehabilitating the existing Grade walk installation, drainage improvements, Control Structure, extending the soil landscaping, signal modifications, artwork cement/concreteflnor protection to and street lighting. Project is 1.1 miles in include the new bridge, reconstructing the length. soil cement bank protection on the east and west side of the Santa Cruz River. The Estimated construction time: To be deter- reconstruction of the bank protection will mined include provisions for a pedestrian path. Estimated construction time: To be Status: 404 Permit application has been determined submitted. First year of Pygmy Owl Survey has been completed. The Traffic Impact Status: The bridge improvement plans, Analysis, Phase I Environmental Site DCR, Bridge Selection Report, Bridge Sta- Assessment, Archaeology, the amended bility Analysis and the amended Bridge In- Bridge Inspection, Bridge Stability Analysis, spection Report have been submitted to Grade Control Stability Analysis, Bridge Se- ADOT, Phoenix office, for their initial lection, Location and Geotechnical (for Traffic review and .comments. The 60% plans are Signals) reports are complete and have been expected to be submitted by the second accepted; NPPO Plan has been accepted quarter of 2004. The ACOE permit is and Draft Access Management Report is on expected to be complete by the second hold at this point in time. quarter of 2004. Access Management acceptance letters have been received by the consultant from the abutting property owners. The Town had sub- mitted 75% improvement plan comments to the consultant in December of 2003. Revisions to be submitted to the Town in late Apri12004. • April 2004 (Staff Report for the month of Manh) InsiOe this Issue: Capital Improvement 1 _4 Projects in Design Capitallmprovement ~ Projects In Construction Completed Projects 6 Traffic Division Report ~ Environmental g Planning Projects nFan PUBLIC WORKS MISSION AND VALUES "The Marana Public Works Department is committed to providing quality service by consistently delivering and maintaining reliable, safe pub- . lic facilities with a produc- tive, respectful and ethical work force. " Our operating values are: • Satisfaction • Respectful • Communication + Reliable • Productive + Quality • Ethical • Consistency • Service • Safety • Integrity Commitment April 2004 C] n I~ ~a~ital ~grQ~~;e~.~ P~r~~ee~s i~ ~esfgr~ ~~®ntin~ed~ DCR for the Ina Road Corridor Proiect This project will involve the development of a Design Concept Report to improve Ina Road and the area south of Ina Road between Thomydale Road and Camino Martin extending to Orange Grove Road. Twin Peaks Interchange This project consists of environmental clearances, DCR and 15% plans for the corridor alignment, Phase I; final design for TI, grade separated railroad structure and .connection to the roadway system to the east, Phase II. Status: The Statement of Qualifications (SOQ's) were re- ceived in October of 2003. Panel evaluations were received in December of 2003. The SOQ's will be held for six months; at that time the Town may award a contract. DCR/Design for Honea Heights Roadway Improvements This project will involve the development of a Design Concept Report and subsequent construction plans for roadway and drainage improvements for Honea Heights subdivision, located between Sanders and Sandario Roads, between Moore Road and the Santa Cruz River. Status: The Statements of Qualifications have been received and a consultant has been selected. The project is currently on hold. Honea Heights Sewer fmorovements This project consists of connecting the Honea Heights subdivision to Pima County Wastewater Management Department sanitary sewer. The project plans have been approved by all jurisdictions and will be constructed by Pima County. The HCS connections will be coordinated and designed as a part of the Town's Honea Heights Roadway Improvements Project. Status: Pima County will go to bid approximately the 1~ Quarter of 2005. Sandra Road, Phase II Pavement Extension This project consists of extending the paving from Sandra Road and Sunshine Lane to the north for an ad- ditional 1/4 mile. This would address rights-of-way and drainage issues. Status: Town will negotiate and complete the design contract with EEC, Inc. as soon as the Scope is revised. Estimated Construction Time: 2006 Status: The Town is in receipt of and staff has reviewed the Preliminary Drainage Report, Preliminary Initial Site Assess- ment, Initial AASHTO Controlling Design Criteria Report, Initial Traffic and the Existing Hydraulic Conditions Summary Report. The comments from the reviews have been transmit- ted to URS to be included in the final reporEs. The Town is also in receipt of the Visual Impact Analysis Report and it has been distributed to the appropriate parties for review and comment. The second Open House was conducted at the Twin Peaks Elementary School on Monday, March 22, 2004. April 2004 is the closure date for the consultant to receive comments from individuals relating to the second Open House. The completion of the DCR! Environmental Assessment and 15% Improvement plans is expected by the fourth quarter of 2004. District Park Bank Protection This project consists of providing bank protection along the west bank of the Santa Cruz River from Ina Road to Cor- taro Road. Phase I of the project will be from Cortaro Road to the Yuma Wash. Status: Tetra Tech is the design engineer. Tetra Tech is working in revisions to Phase I of this project. An individual 404 permit application has been submitted to the Army Corp of Engineers and is anticipated by Spring 2004. Construction will begin after all permits are obtained, design is complete and Rights-of-Way are obtained. Santa Cruz River Corridor Trail This project consists of providing a DCR and design for the path alignment, landscaping and irrigation and parking facilities for the linear path located on the levee of the Santa Cruz River from the end of Phase I alignment to Gladden Farms. Status: Legal description and exhibits are being prepared for state land and land exchange with Pima County. Page 2 PUBLIC WORDS April 2004 ~agita~. I~~rave~e~at P~ra~eats ~~. II-es~g~ ~cantir>~ed~ • Tho~nydale Road ImprovementslOrange Grove Road To CDO Wash This project consists of reconstructing Thomydale Road from Orange Grove to the CD0 Wash along with the reconstruction/ widening of the approach roads; sidewalks, curb, curb and gut- ter, traffic signal modifications, drainage facilities, median is- lands, street lighting and art work. Estimated construction time: To be determined Status: The 75% improvement plans have been received with 90% plans expected in April 2004. 100% plans are expected in the second quarter of 2004. The Phase I Environmental Site Assessment, Cultural Resources, Drainage and Geotechnical (for traffic signals) Reports have previously been accepted. The reports wi11 be updated to account for the new project limits as necessary. Santa Cruz River Shared Use Path. Phase I and II This project consists of the design and construction of a 14' wide paved asphalt path from Cortaro Road to Coachline Blvd. via the Et Rio Park Development. Two pedestrian bridges provide major drainage crossings for the path. Phase I consists of building a shared use path between Cortaro Road and Twin Peaks Road in the over bank and inter- mediate bank areas of the Santa Cruz River. Phase II consists • of a continuation of the shared use path in Phase I from Twin Peaks to EI Rio Park. Each phase is partially funded under ADOT's Transportation Enhancement Program. Construction will need to be completed such that the ADOT funds are prop- erly tracked; however, design can be completed as a single pro- ject. Estimated construction time: Second Quarter of 2004 Silverbell Road Improvements Cortaro Road to Ina Road This project consists of reconstructing the roadway to four lanes with curb and gutter, multipurpose lanes and sidewalks, and providing for a continuous center tum lane, sanitary sewer system construction and intersec- tion improvements at Ina/Silverbell, which includes a new traffic signal system. Estimated construction time: Third Quarter of 2004 Status: Environmental, Biological, DCR, Geotechnical Report, Pavement Design Summary, Archaeological and Drainage reports are complete and have been ac- cepted. The 404 Permit application has been submitted to the Army Corps of Engineers (ACOE) and is expected to be complete within the second quarter of 2004. Third year of Pygmy Owl Survey has been com- pleted. ACOE is still in the process of reviewing the plan as submitted by Old Pueblo. The Town is in receipt of the final Sanitary Sewer Basin Study and the study has been accepted by both the Town and PCWWM. The sanitary sewer plans have been reviewed by PCWWM and revisions are being completed. Comments on the 90% plans have been completed and returned to the Consultant for incorpora- tion into the 100% plans. 100°I° plans are expected to be completed by the second quarter of 2004. End of construction is expected to be complete by the third quarter of 2005. A public open house was held on January 15, 2004. Town of Marana. Northwest Marana Town Genter Design and Development Three projects are ongoing to master plan and estab- lish the layout, ambience and design standards of the Northwest Marana Town Center. Status: The Environmental Determination (ED} has been ac- cepted by ADOT. In late April 2003, the Town selected Castro Engineering. for the path design and Structural Grace for design of the pedestrian bridges. The 100°I° plans are sched- uled for submittal by the second quarter of 2004. The artistic concepts for the project have been presented and endorsed by the Mayor and Council, Marana Parks Committee, the Public Works Arts Project Committee, the Continental Ranch and Sun- flower Homeowners Associations, an HOA public meeting, the Construction Committee and the Building Committee. End of construction is targeted for the fourth quarter of 2004. r1 I~ Page 3 Northwest Marana Town Center Master Plan Pro- L This project will provide Master Plan Services for further planning and conceptualization to set design and development standards to facilitate the urbaniza- tion of the Northwest Marana Town Center. Status: Durrant Group and McGann and Associates continue the master planning of the rest of Ora Mae Ham District Park and the areas south of the park and Municipal Complex. The Town will work with land own- ers and developers for further use of the Town Center land. Selection of designers is currently under consid- eration for the concept design of the greenbelt and lin- ear park that will follow the current Barnett Road route and also provide storm water relief to divert water away from the Town Center. PUBLIC WORKS April 2004 ~ap~~al ~r~gr~~-een~s ~ design ~e©n~.~nued~ DCR for Camino de MananalDove Mountain Extension Town of Marana Municipal Complex (Marana This project will involve the development of a Design Concept "MuniPlex"1 Report for the possible realignment of Camino de Manana from This project consists of the design and construction of a its intersection with Linda Vista Boulevard to an alignment with new Town Government Complex and will integrate the Mu- Dove Mountain Boulevard at Tangerine Road. niplex and sun'ounding facilities with the Ora Mae Harn Park which will eventually abut a linear greenbelt park that Status: The Town has selected a consultant and a scoping will run from I-10 to the Santa Cruz River. This linear park meeting has been completed. The project is cun'ently on hold. will also serve as a relief conduit for excess water from the Tortolita Mountain fan run off. Status: During March, D.L. Withers, the CM, completed the on-grade interior concrete slabs in the Administration Building A, and poured out the 2"d floor deck in the Police Building B. Foundations and two con- crete seat/walls were placed for the circular wall running from the building to the sidewalk entries on Civic Center Drive. The masonry contractor remobilized to site to place the block walls in the generator yard/trash area and to close the Council Chamber Walls. Curbing was placed for roads and parking lots; fine grading was in process with asphalt pavement to be placed in early April. Structural Steel was received for Building A and erection began on March 15th with main vertical and horizontal steel up by the end of March. Structural steel erection, plumbing and bolting was completed on Build- • ing B, and main erection was completed on the courts and justice section of Building B/C, with the corrugated deck placed on the roof of Building B/C. Interior metal studs and interior walls began in Building B and mechanical/electrical/plumbing (MEP) began and substantially progressed on the first floor of Building B. A model of the project is located in the Town Hall for viewing. Northwest Marana Town Center. Roads. Infrastructure and Offsite Improvements This project will design and construct the offsite utilities, roads, landscape, and other infrastructure and establish the layout of the main Town Center corridors. Status: During February, Conceptual Drawings for the extension of Marana Main Street north of Grier Road were received from WLB and are under review by Town staff. Excavation and installation of potable and non- potable water on Marana Main Street and Civic Center Drive was substantially completed in March of 2004. TEP completed the installation of new power poles and overhead power relocation on Grier Road to accommo- date the new construction that will .take place on that road. The old poles are to be removed after Qwest and • Comcast complete their relocation. Substantial comple- tion is targeted for the fourth quarter of 2004. Moore Road Improvements This project will involve the development of a Preliminary Design Report and subsequent final construction documents. The project consists of improvements to the driving surface and drainage crossings from Camino de Oeste to Thomydale Road. Status: The Notice to Proceed was given to the design consultant on October 23, 2003. The Preliminary Design Report is expected in April 2004. The final construction pack- age is expected in June 2004. Design is estimated to take five months while beginning of construction is yet to be determined. DCR/Desian of Barnett Linear Park and Flood Control Proiect This project will involve the development of a Design Concept Report and subsequent design of Barnett Linear Park and Flood Control Project. The project consists of utilizing the existing Barnett Roadway alignment for a major outlet channel/ linear park from I-10 to the Santa Cruz River. Status: The Town has selected a consultant and a scoping meeting has been held. The Notice to Proceed should be issued in the second quarter of 2004 following approval of the scope of work and contract nego#iation. Page 4 PUBLIC WORKS Apri 1 2004 Capital ~arfpra~~:rt2e~t ~'r®je~~s ~n ~a~s~ructi©~ The following are capital improvement pro,~ects in construction. Linda Vista Boulevard Tangerine Road/Thornvdale Road Intersection This project consists of chip sealing approximately 3/4 Improvements mile of roadway from Camino de Manana east to This project consists of roadway widening, intersection modifi- approximately Hartman Lane. cations and signalization, and drainage improvements. Status: The construction contract has been completed Status: Southem Arizona Paving has been awarded the by Pima Paving, punch list work is in progress. cons#ruction contract. Construction is scheduled to begin early April 2004. The design engineer, Tetra Tech, will Twin Peaks and Scenic Drive Intersection Improve- perform construction administration and the construction is ments anticipated to continue through October 2004. This project consists of relocating the current Scenic Drive intersection with Silverbell Road to the south to line up with Twin Peaks Road at Silverbell Road. This is a safety improvement that provides direct access to the future Linda Vista/Twin Peaks traffic interchange at I-10 through Twin Peaks Raad. The project will include in- stalling culverts, paving, curb and gutter, and signing and striping improvements. This project also has a waterline lowering and landscaping improvements. Status: The Notice To Proceed for construction was completed in October of 2003. Construction began mid October and is expected to run through mid April 2004. Tangerine Road -Breakers to Thornvdale Road • Improvements This project consists of drainage improvements and repaving of portions of Tangerine Road. The Town has decided to pursue a maintenance oriented program for the road and Tetra Tech generated construction plans for advertisement. Status: Southem Arizona Paving began construction in November 2003 with Tetra Tech as the design engineer, performing construction administration for the Town. Construction is anticipated to continue through mid April 2004. Page 5 PUBLIC WORKS Apri12004 CQ~gleted Projects • New Westbound Cortaro Road Bridge Over the Santa Cruz River. Completed March 2002 Cortaro Road Improvements, Silverbell Road to I-10: Completed February 2003 Wade Road: Completed February 2003 Continental Ranch Neighborhood Park: Completed February 2003 Coyote Trails Elementary School Park and Parking Lot Addition: Completed February 2003 Santa Cruz Corridor Trail: Completed Apri12003 Costco Street Lighting: Completed May 2003 Sandra Road Bus Turnaround: Completed June 2003 Emigh Road Driveway at Marano High School: Completed June 2003 Cortaro Road Realignment: Completed July 2003 2003 Pavement Preservation: Completed July 2003 Coachline Boulevard Sidewalks: Completed October 2003 • EI Rio Park: Completed January 2004 ortaro Road Improvements -hM .. .~ ~.. a Continental Ranch ~~ Neighborhood Park ~`-`° "` ' - ~3 Coyote Trails Elementary Park Page 6 PUBLIC WORKS April 2004 0 '~~~~ ~i~isia~ ~epc~~~ 0 Cortaro Road Traffic Signal Coordination Study In order to improve the traffic flow on Cortaro Road between Silverbell Road and I-10, a study is being con- ducted to determine how the progression of traffic between those two points can be enhanced. Kimley-Horn and Associ- ates, in conjunction with ADOT, is reviewing the need to modify the signal phasing and timings at the Cortaro Road/l- 10 Frontage Roads intersections. They are also looking at the need to improve the coordination between the signals at Silverbell Road, Arizona Pavillions Drive, and at the I-10 in- tersections. It is expected that the study wilt result in a smoother and safer. traffic flow along this heavily-traveled section of Cortaro Road. Traffic Safety Study On Ina Road West of 1-10 A comprehensive traffic safety study has receritiy been com- pleted of the section of Ina Road between I-10 and the Santa Cruz River Bridge. The study included the analysis of acci- dent data for. the last five years, as well as a review of the current traffic operations and existing traffic control devices in this area. The study found that although a moderate num- ber of accidents have occurred on Ina Road in the area of the Circle K store and the driveways to various Pima County facilities,. this section of Ina Road has not experienced a sig- nificant accident problem. In order to enhance the safety in this area, . additional regulatory and warning signs will be installed that should better alert motorists of the need to drive more prudently through this section. In addition, in our most recent monthly meeting with the Marana Police Department, we requested that they closely monitor this location and provide an intensive speed enforcement effort. Juan Batista de Anza National Historic Trail Signs At the request of the Traffic Engineering Division, the Operations and Maintenance Department has recently installed auto route signs commemorating the Juan Bautista de Anza National Historic Trail, which traverses the Town. (The trail actually stretches from Nogales, Arizona to San Francisco, California.) Approximately 30 signs have been installed along Silverbell Road, Avra. Valley Road and other roadways to help guide motorists who wish to follow the trail through the Town. Sneed Zone Studies on Ina Raad and Thornvdale Road These studies were conducted to determine whether the regulatory speed limits currently posted on these roadways are appropriate based on the existing traffic conditions. The speed zone studies considered the can-ent traffic volumes on these streets, the prevailing vehicular speeds, the acci- dent history on both roads, and the existing access man- agement conditions on the roads. The results of the study revealed that the 45 mph speed limits currently posted on these roadways are appropriate for the prevailing traffic conditions. Traffic Signal at Silverbell Road-Wade Road Intersection A traffic signal study conducted at the Silverbell Road -Wade Road intersection found that the installation of a traffic signal is warranted at that location. It is expected that the signal will be designed during this fiscal year and will be constructed next fiscal year. The signalization should make this a much safer intersection for motorists exiting Wade Road, pedestri- ans crossing Silverbell Road, as well as emergency vehicles entering the intersection from the Northwest Fire/Rescue Dis- trict's station on Wade Road. We are currently working closely with the engineering consulting firm that is responsible for the design of the signal Warning Beacons at the Avra Valley Road- Sandario Road Intersection A traffic signal warrant study was conducted at the Avra Valley Road -Sandario Road intersection. The results of the study found that a traffic signal is not recommended at the intersec- tion at this time. However, in order to enhance the safety at this location, flashing warning beacons will be installed on the Side Road warning. signs currently posted on the Avra Valley Road approaches to the intersection. It is expected that the warning beacons will help greatly to better alert motorists about the approaching intersection. At this time the required beacon assemblies have been purchased and the project is under design. Safe Routes to School Program The Traffic Division has initiated a Safe Routes to School Program. The program's goal is to develop educational, engi- neering and enforcement tools with which to help provide safe trips for elementary and middle school students on their way to and from school. The program will develop a docu- mented process so that those immediately involved with the program (traffic engineering staff, police, school administra- tion staff, teachers and parents) all understand the proce- dures and their respective roles in the process. Twin Peaks Elementary School has been chosen as a pilot school for the program. Regularly scheduled meetings of the Safe Routes to School Committee are being held to develop a safe routes plan and an educational campaign for the school. The Com- mittee includes the school's principal, the school's Police Re- source Officer, the Marana Unified School District's Director of Operations, and Monica Moxley of our staff. Monica par- ticipated in a very successful School Safety Day held at the school on Saturday, March 27. Page 7 PUBLIC WORKS April 2004 n • • E~~ironmer~tal P~a~r~irZg ~ra~ects ~ Tres Rios del Norte This project is a cooperative effort between the City of Tucson Water Department, Pima County Flood Con- trol District and the Town of Marana in conjunction with the United States Army Corps of Engineers. This purpose of this study is to evaluate approximately an eighteen mile stretch of the Santa Cruz River from Prince Road to Sanders Road for projects such as habitat restoration, water supply, flood control and recreation. Status: The Town of Marana has prepared a com- ment letter to the Army Corps of Engineers on the 50% Draft F4 Document. These comments will be submitted for inclusion into the F5 Document. The F4 conference is scheduled for November 18, 2003 in Phoenix. Santa Cruz Vallev National Heritage Area The vision of a National Heritage Area designation for the Santa Cruz Valley in southern Arizona is gaining momentum due to a convergence of local efforts to conserve natural resources and open spaces; to pre- serve historic structures and archaeological sites; to educate the public abaut the history and cultures of this region; to increase national recognition of the region; to develop heritage tourism and bring other economic benefits to local communities; and to im- prove cultural ties across the U.S.-Mexico border. Status: The Town of Marana showed support of the application and designation of the Santa Cruz Valley Heritage Area by passing Resolution No. 2003-133 at the Town Council Meeting on October 21, 2003. Page 8 Arizona Pollution Discharge Elimination System This project was initiated by a federal mandate in which Arizona Department of Environmental Quality (ADEQ) was given primacy. Six minimum control measures have been defined for compliance. The minimum control measures are as follows: 1. Public Education and Outreach 2. Public Involvement and Participation 3. Illicit Discharge Detection and Elimination 4. Construction Site Stormwater Runoff Control 5. Control of Post-construction Site Runoff 6. Pollution Prevention and Good Housekeeping Status: The Town of Marana has actively been working with PAG to get public involvement on a regional level. PAG is working with local jurisdiction on the develop- ment of an Outreach Connection web site. This site is being developed to enable water educators in the Tuc- son region to share information about their outreach and education efforts. Pima Association of Governments (PAG) and the University of Arizona's Sustainability of semi-Arid Hydrology and Riparian Areas (SAHRA) are working jointly on this effort. SAHRA has agreed to de- velop the web site, to host it on their site, and to provide technical support for the site. Each of the participants will update their information on a regular basis, so that the website stays current and useable. PAG would coordi- nate the website users so that the site is maintained and so that new users are informed about the site. This web- site will focus on water resources and water quality out- reach and education. The topic for the next Stormwater Working Group Meet- ing will be to develop a plan for regional outreach and deciding what activities to pursue. The funds from PAG's Federal Highways Administration that may be used for this purpose must be spent before the end of June. Procedures are beginning to be development for resi- dent concerns, comments and requests for information. A scope of work has been developed for the mapping of the storm sewer system. Once the Town has an As- Needed Civil on board this scope of work will be given to the company for implementation. PuB~c woxxs r~ TOWN OF A MUNICIPAL WATER SYSTEM DEPARTMENT REPORT • For: March 2004 0 Date: Apri113, 2004 ~~~~~~ i \ TOWN Ot= MARANA TEAM WORK- Is all staff working together in outstanding ways, with extraordinary cooperative effort to accomplish ordinary tasks TO: Mayor Bobby Sutton, Jr. Town Council Mike Reuwsaat, Town Manager FROM: Water Department Staff SUBJECT: March 2004 Department Report Update • DATE: April 13, 2004 CUSTOMER INFORMATION 2310 Number of Customers Billed in March 85 Number of Disconnects in March 88 Number of New Connects in March 54 Number of New Services with Meter Installation 20,155,675 Total Gallons sold in March 33.50 Acre feet pumped (non-trust wells) Picture Rocks, Happy Acres, Palo Verde, Airport, Sky Diving Center, Continental Reserve and Hartman Vistas 34.23 Acre-feet wholesale water purchased (trust wells) Marana, La Puerta, Oshrin, Falstaff, Honea, and Cortaro Ranch (325,851 gallons =acre foot) • ~~ u • • DAILY OPERATIONS 1. 289 Blue Stakes completed in March. 2. Dressed up the Airport Fire Suppression System and spread aggregate base course for the Ribbon cutting ceremony. 3. Rebuilt the Chlorinator system at Marana Park. 4. Water department field staff donated some time to the Founders Day coordination. 5. The Operations and Maintenance Department assisted us in repaving a section of Hartman and Cortaro due to settling. This was a patch from a previous water leak. 6. Replaced the air compressor at the Wade Rd. booster plant and assisted the electrician in repairing the pole light. 7. Installed three new irrigation services at the Marana Regional Airport. 8. Assisted Public Works Department (Gus Myers) at the EI Rio Park. We excavated approximately 20 holes for traffic bollards. 9. Working on a conversion process to turn the Marana Fire Suppression System into a Potable Water System. 10. Instituted a procedure for Water Meter and Radio Read equipment installation to assist with builder-associated problems that are occurring. 11. Instituted a new Standard Note and Detail Sheet and plan review check list to help with the non-potable reclaim water system-and all other water infrastructure construction. 12. This last month we began working with Westland Resources for all plan reviews and water inspections. Tetra Tech will only be finishing up projects the have started. 13. We are working with the Planning Department to help track all new construction projects. 14. Mitch Beem is inspecting water projects for the Civic Center Potable and Non- Potable, Gladden Farms block 12 Potable and Non-Potable, and Gladden Farms block 11 potable and Non-Potable. 15. Mitch also finished up inspections for the Studebaker Dr. extension. 2 • WATER SERVICE AGREEMENTS BEING NEGOTIATED 1. Repaired line break on Hartman and Cortaro. 2. Repaired water service on Grier Rd. 3. Repaired two poly service lines in Cortaro Ranch. 4. Repaired a mainline at Cerius Stravenue and Cortaro. 5. Repaired a mainline at Price Ln and Sagebrush. 6. Inspected water line installs for the Town Center, Gladden Farms block 11, Gladden farms Well and Studebaker Drive. 7. Coordinating approval of construction for the Gladden Farms Water System. 8. Potholed for 3 new services at the airport. 9. Tested 2 backflow devices. 10. Fabricated aluminum covers for all electronic flow meters. 11. Paul and Jerry went to the ASUA seminar for four days in Laughlin. 12. Sal and Mitch went to a disinfections class in Bisbee. 13. Planning the non-potable water system for the Town of Marana. 14. Continental Reserve Block 16A. 15. Gladden Farms Block 6 & 10. . OTHER 1. Draft Effluent Agreement with Tucson Water is being negotiated. 2. Pilot water .treatment of Picture Rocks system is installed and operating. Progressing well. 3. Non-potable system for North Marana design stages is complete, and is being presented to developers. 4. La Puerta well is in discussion with Cortaro-Marana Irrigation District. Possible trade, equipment well 36n for them. 5. Non-potable system and storage are in the discussion, and draft, design stage, for the east side of I-10, from Tangerine Rd. to_ the Pinal County line. C 3 ~owN O~ TOWN COUNCIL MEETING TOWN OF MARANA a ~ ; INFORMATION . ,, .MEETING DATE: April 20 2004 AGENDA ITEM: IX A.1 TO: MAYOR AND COUNCIL FROM: Jocelyn C. Bronson, Town Clerk SUBJECT: Resolution No. 2004-44: Relating to Animal Control Services;,. Approving Amendment No. l of the Intergovernmental Agreement with Pima Animal Care Center for the Provision of Animal Control Services within the Town of Marana DISCUSSION The Town of Marana and Pima County have an on-going intergovernmental agreement for the provision of animal control services by Pima County within the town limits of Marana.. All violations of the Town Code are cited into the Marana Municipal Court and prosecuted by the Town's legal department. The Town retains all fines imposed in those cases. Pima County Animal Control collects license and kennel fees for animals within Marana and applies those fees to the cost to the Town for animal control services. The Town is responsible for the difference, not to exceed $10,000 per year. The level of services to be provided bythe County has not changed. The current IGA is the same in substance as those previously executed. RECOMMENDATION Staff recommends that Council direct staff to enter into Amendment No. 1 of the Intergovernmental Agreement for Animal Control Services, renewing the existing agreement for an additional two-year period, or until June 30, 2006. All terms and conditions remain in effect for the provision of animal control services. SUGGESTED MOTION I move to approve Resolution No. 2004-44. IGA Animal Control Services JCB/04/12/2004/1:22 PM MARA~I.A RESOLUTION N0.2004-44 RELATING TO ANIMAL CONTROL SERVICES; APPROVING AMENDMENT NO.1 OF THE INTERGOVERNMENTAL AGREEMENT WITH PIMA ANIMAL CARE CENTER FOR THE PROVISION OF ANIMAL CONTROL SERVICES WITHIN THE TOWN OF MARANA. WHEREAS, THE Town has been a party to an Intergovernmental Agreement with Pima County for many years, authorizing the County to perform all animal control services within the Town limits; and WHEREAS, t he P ima C ounty A nimal C ontrol w ill c ollect 1 icense a nd k ennel f ees f or animals within the Town and apply those fees to the cost to the Town for animal control services, and the difference, not to exceed Ten Thousand Dollars ($10,000.00) per year, is the responsibility of the Town; and WHEREAS, the renewal of the Intergovernmental Agreement between the Town of Marana and Pima County will benefit the citizens of the Town of Marana and will be in the Town's best interest. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Town of Marana, Arizona, do hereby accept and authorize the renewal of an Intergovernmental Agreement between the Town of Marana and Pima County for the provision of Animal Control Services by Pima County Animal Control within the Town limits of Marana, Arizona. BE IT FURTHER RESOLVED that the Mayor is authorized to execute said Amendment No. 1 of the Intergovernmental Agreement on behalf of the Town of Marana. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 20a' day of April, 2004. ATTEST: Jocelyn C. Entz, Town Clerk • Mayor BOBBY SUTTON, JR. APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana, Arizona Resolution No. 2004-44 ... } N COf~TRACT NO.O1-O1-M-130557-0502 ' AMENDMENT NO.1 • WHEREAS, the TOWN OF MARANA, a municipal corporation, hereinafter referred to as "TOWN", and Pima County, Arizona, a political subdivision of the State of Arizona, hereinafter referred to as "COUNTY", have entered into an Intergovernmental Agreement for the provision of animal control services provided by COUNTY relating to enforcement of leash law and biting dog ordinances, and to provide for the impoundment and sheltering of stray animals; and WHEREAS, TOWN and COUNTY desire to amend said Intergovernmental Agreement to renew the term of the Intergovernmental Agreement for an additional term of two (2) years per Article III.16. - Duration and Effective Date. NOW THEREFORE, the TOWN and COUNTY do hereby agree as follows: I. Replace Article III.15. -Duration and Effective Date, to extend the Intergovernmental Agreement for a two (2) year term as follows: - __ "The term of this Intergovernmental Agreement shall become effective upon recordation at the Pima County Recorder's Office, and shall continue until June 30, 2006." II. The effective date of this Amendment is July 1, 2004. All other provisions of this Intergovernmental Agreement, not specifically changed by this Amendment, shall remain in effect and be binding upon the parties. _ . IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the Intergovernmental Agreement.. _ - PIMA COUNTY TOWN OF MARANA, a Municipal - Corporation By: Chair, Board of Supervisors Date By: Mayor ATTEST: By: Town Clerk 1 ATTEST: BY~ Clerk of the Board of Supervisors MaranaPACCNol.doc Date ~Op~I * ,r w • APPROVED AS TO CONTENT By: Department Head This Intergovernmental Agreement which is a contract between public agencies has been reviewed pursuant to A.R.S. § 11-951 by the undersigned City Attorney and Deputy County Attorney who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona. By. r G'~ Deputy County Attorney • • p;aranaPACCNol.doc Rv• / Town Attorney ~OO~~ ~s~-off IGA Animal Control Services 1(iWN F TOWN COUNCIL ~ ~~. MEETING TOWN OF MARANA 9 M RaNA ; INFORMATION ~RIZuN~ MEETING DATE: April 6, 2004 AGENDA ITEM: IX. A. 2 TO: MAYOR AND COUNCIL FROM: Jocelyn. C. Bronson, Town Clerk SUBJECT: Resolution. No. 2004-45: Relatingto Marana Founders' Day; Designating the third weekend in March of each year. for the official celebration. DISCUSSION The Town of Marana was founded on March 21, 1977. Over the years and at various .times, an annual celebration to commemorate the incorporation has been held. The celebration - Founders' Day -has been expanding in size nearly proportional to the Town's growth. Vendors and participants across the state plan months in advance to be included in Marana's celebration. In recent years, Founders' Day has been held in March as close to the. original date of incorporation as possible. So that Founders' Day is not in conflict with other events, staff has attempted to work with the Marana Unified School District and a multitude of civic leaders and groups to accommodate school schedules and other organized activities. RECOMMENDATION To enable consistent participation bystudents and vendors, staff recommends that Council . approve holding Founders' Day each year on the third weekend of March, with. events beginning on a Friday night and ending on Sunday. SUGGESTED MOTION I move to approve Resolution No. 2004-45. JCB/04/15/2004/8:36 AM • MARANA RESOLUTION N0.2004-45 RELATING TO MARANA FOUNDERS' DAY; DESIGNATING THE THIIZD WEEKEND IN MARCH OF EACH YEAR FOR THE OFFICIAL CELEBRATION WHEREAS, the Town of Marana was incorporated on March 21, 1977; and WHEREAS, elected officials, staff and citizens have commemorated this event with an annual celebration at various times throughout the year; and WHEREAS, they Founders' Day event has expanded commensurate with the growth of the Town to include vendors, school groups and other activities who require advance planning to accommodate their ability to participate in this event; and WHEREAS, elected officials and staff believe it is in the best interests of the Town and its citizens to designate a specific annual date for Founders' Day to promote a more organized event and the ability to attract more diverse participation in all of the Founders' Day activities. • NOW, T HEREFORE, B E IT R ESOLVED b y t he M ayor a nd C ouncil o f t he T own o f Marana, Arizona, that the weekend beginning with the third Friday in March shall be designated annually for the commemoration events related to Marana Founders' Day. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 20`" day of April, 2004. Mayor BOBBY SUTTON, JR. ATTEST: Jocelyn C. Bronson Town Clerk • APPROVED AS TO FORM: Frank Cassidy, Town Attorney Marana Resolution No. 2004-45 Page 1 of 1 t ~pWN O,r TOWN COUNCIL MEETING TOWN OF MARANA 9 RaN ; INFORMATION MEETING DATE: April ~Q, 2004. AGENDA ITEM: IX. A. 3 TO: MAYOR AND COUNCIL FROM:.: H. Thomas Gill, Assistant Director of Public Works SUBJECT: Resolution No. 2004-47: Relating to Public Works; authorizing acceptance of the counteroffer to purchase land owned by Ina & Silverbell I Limited Partnership o n t he S outheast c orner o f I na Road and Silverbell Road. DISCUSSION The Town of Marana will be improving a portion of Silverbell Road, Ina Road to Cortaro Road and a portion of Ina Road, Silverbell Road to I-10. As a part of these two projects the Town must acquire additional rights-of--way from. the property owner, Ina & Silverbell I Limited Partnership,. located on the Southeast corner of Silverbell Road and. Ina Road. The. needed property is legally described in the attached Exhibit A, B & C and shown on Exhibit A-l, B-1 & C-l . The appraised value of the needed land is $0.72 per square foot for a total value of $32,500.00. (An earlier appraisal. valuing the .needed -land at $2.38 per square foot for a total value of $83,000.00 was rejected due to failure to meet state appraisal standards.) An offer to purchase was submitted to the owners for the needed land as Permanent Public Rights-of--Way in accordance with the appraised value. The Town received a counter offer from the property owner representative for $1.00 per square foot fora total amount of $44,713.00 plus closing costs. RECOMMENDATION Staff recommends adoption of Resolution No. 2004-47, accepting of the counteroffer. as submitted by the owner in the amount of $44,713.00 plus closing costs. SUGGESTED MOTION I move to adopt Resolution No. 2004-47. FINAL Revised Bluesheet 2004-47 (acceptance of counteroffer). doc --__ - 4/13/2404 4:02 PMMFHG • MARANA RESOLUTION N0.2004-47 RELATING TO PUBLIC WORKS; AUTHORIZING ACCEPTANCE OF THE COUNTEROFFER T O P URCHASE L AND O WNED B Y INA & S ILVERBELL I LIMITED PARTNERSHIl' ON THE SOUTHEAST CORNER OF INA ROAD AND SILVERBELL ROAD. WHEREAS, the Town must acquire additional rights-of--way from Ina &Silverbell I Limited Partnership, an Arizona Limited Partnership legally described in Exhibit A, B & C and shown on Exhibit A-1, B-1 & C-1 each attached to and incorporated by this reference; and WHEREAS, the Town submitted an offer to purchase the needed land in accordance with the appraised value of $0.72 per square foot for a total value of $32,500.00 plus closing costs; and WHEREAS, the Town received a counter offer from the property owner for the amount of $1.00 per square foot for a total cost of $44,713.00 plus closing costs; and WHEREAS, as the Town finds it is in the Town's best interest to accept the counteroffer for the needed right-of--way and avoid litigation; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, authorizes staff to complete the purchase of needed right-of- way with Ina & Silverbell I Limited Partnership, in the amount of $44,713.00 plus closing costs. PASSED AND ADOPTED B Y T HE MAYOR AND C OUNCIL O F THE TOWN OF MARANA, ARIZONA, this 20th day of April, 2004. Mayor Bobby Sutton, Jr. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney FINAL Revised Resolution 2004-47 (acceptace of counterofjer).doc 4/13 R'W Set No{s): 177 civi: s : i~eerin? e~vir~rnen;al s~: /i~es innd ~ntrol and caina?e tand surveying la^=s-ane ~b~eature nature,' nsa~res t.-G::s~~ ~a;ian t..ater and V.'c5:2~'oier L R~J EXHIBIT A October 7, 2003 -,- EEC ?~ o. ? 0079 DESCRIPTION OF RIGHT OF WAY TO BE ACQL~2ED . (Z14-04-042E) i~t uo~on of Section 2; Toa~IlS:nip 13 South, Rance 12 Ems:; Crila and Salt Rives. ?/e:id'.an, Pima Coun:~, S,-izona, desc~bed as folloa~s: CO_NL~NCL~iG at the (LOC.QJ.-LYACCF.~'?~D) No::a One-Quare: ('v 1/".) OI Said Se~lOn ~; . THr~ICE N 89°32'16" E, alas; the North Line of the No:`a.~~ One-Q~.L t.e~ ~i li".) of said Secdan ~, aris*.~ce of ? 16.70 fe°t; TF~~tCE S DO°07'^.4" E 73.00 feet to the intese.^aon of ~e Soup ~~:-of- wav~e o L~?4 ROAD (as r°..:,orde~: in Book 9' of Road ?~~zrs ai ?age 91. Pima Co~'y Re:ard~s Office, Pima County, ~-izona} wit~n fne ?~or~uastety :iaat~f-~ ~•aS~ line of SILVER3ELL ROAD (2s recorded in Book 3 0 R°..: ord or Su-.~e~-s at Paa°.?; Pima County Re:,orde. s O~c.°, Pima County, 4rizo~~; ~ . Tk..-*'NCE S. -"?`20'"~" *_, alOna said Northeasie~iv ?Sli-Di-~+ay She OI cLt t~~...L R04D. a distance of 374.76 feet to a line 300.00 feet Sou',h o and p -aliel ~~;th said No~~Liae of No:~'.~ One-QuarteK (?~~ 1'' a, •~: i~-~iCE N 89°32'16" :; aloha said parallel line. a ~~w of 50.10-=eet to ~e POL'~T OF BEGL'~~ZvG on the West Line of the parcel reor3ed in Docket 9830 at Pace 2239, Pima County Records Office, Pima Cour:~•; "~ona; Trt~'CE coniinue N 89°32'16" E, along said pa-71Ie1 ~~ne; a distance of 0.76 fwt to z line 76.00 ft~t?vortheast~v of and parallel Rdth said No~-theast°rly rigat-of- u•ar line of SLr,Vr,RBELL RO_~D; I . I?~CE S 42°26'='.2" E, along said parallel line, aois•~ac.° a 60.37 feet ~ a fine 330.00 feet South of and parallel R~ith said North Line of No_;hez;~ Gne-Q~.u~~ 'TIJ~NCE S 89°32'16" W; aloha said parallel line, a~;.:nce of 38.07 fret io said V--es`t. Line of Docket 9830 at Page 2239; `nuinee:»: and=nvi.~n.•nenta/ C~.:suY,ants, Inw 4625 . =oY. ! ow°C Road • Tu: sna, ~rzona E5752 7.'' S2^~32f-<625 r2:: 52F.i21-O.i33 tm~n:esc irdo.com '~- ,:~: R'W Se; Noes) 117 ' ~ Octo~r: X002 y Y.2 ~.:t: 6i l1~2t` is ~~~~~~ ?yob ir~TCE ?i 00°0?'~=° ~~, a1on~ said West Line; aais,~ncc of 30.00 ir.° to the POL-~'T OF BEGL'~~Z'~G. Containing 432 sonare iert; more or less. ~ . Prepared by. ~IGL~ ~c~G !~?~'TJ ~ v"~t0?~'?v~N'TAL CONSUZT.~'~ i 3; L~ C. . i.---•~ ~~~ -~F.- -pro ~`L ~a~~ L. ean, RL.S. v t4l45 N JA~E~ ~ R~ ~' JLJ:\~, c~ DEAN ,~~ ~8/GHQ, :tccffir3u3~:iQ~1'?0079',r~314-tL,'~:~_ •¢R~~A . o I EXHIBIT A-1 ?~ li I - ~ ;~ 7` U e _ ~ /, i Z ~ ~ N r u ~ ti, ~ o ~' ~ L7 ~ / J ~ ~ M F~- C i / ~ ;-s\/ ~~~: ~% ,. ~ j ~ = I f ~~ ~ ~ I' O ,J _ V ~,~ .~ ~ ~ ~ _ :~ ,/ , =.~_ o C~~ / Q~' ; ~ ~ C I =- c - o / __ n ~ ~ r _ 1 _ - '1 j- '., ' ' / ~•a o` -`/~ ~ ~ ~~ ~ ~_ ; j NN~ ;~ I ! m ~ = ~. I / NjN 1 O '~~ U i Z O W i ~~ ~ .f~=; ' R'W Sel No(s): 116 EXHIBIT B pctober 7; 2002 EEC No. 20079 DESCRIPTION OF RIGHT-OF-~F'AY TO BE ACQITIRFD ' (Z14-04-044 4) _..... _....._afal < S"n7°es ~ 13 South, Range L Ezs`~, Gila and Salt River That portion of Se,^uon _, TownsPip . Me:i~,~ Pima County; Arizona, des~bed as follows: 5oodaonrrol COMIvlEI3CING at the (LOCALLYACC~.PTED) North One-QnaTt.°r ('`t 1/~) ardrainaoe ' comer of said Section 2; - TI~NCE N 89°52'16" E, along the North Line of the No=~ieast Ong-Qu~:~~ ~~~ ~,ern9 (?~~ 1/4) of said Secrion ?, a dis~iance of 116.70 feet; Tr~7CE S 00'07'".4" E 7:.00 feet to the POIl~TT OF BEGLA~Z~G at one int,.-~s°: aon of the Souh rignt-of-w zy line of LTA ROAD (zs recorded in Boo's 9 of a,an ~ ~ Road Maps at Pane 91) ~~th the East~'ly risnt-of--way line of SILVERBELL RO-..D; (as recorded in Book 3 of Record of Surveys at Page 42; Pima Count~• Rerorde: s Office; Pima County, A-izona; . ra:J~.'ras~ures 1ri.NCE N'89'S2'16" E, along said South right-o~ ~-ay line of LRA RO~.D, cis,,ance of 176.01 fit to a neint of c~,:sp of a tangeuz ~.ve concave io 'ne Solrneas:; ,:z^s~~.'.atiDn j,~.vCE Souiuwesteriy and~SOUtheriy along the arc o: said curve, to the leis, having a radius of 25.00 feet, and a central angle of 116°50'9" for an arc dis~aaw of Kaierand 50.98 fwt t0 a point of compound curvature of a tangent curve Conczve to ine vasteKater 1Yp~e?-5C T~NCE Soufneastei'iy aloe; the arc of said curve; to the. lef~, having a raaiu5 of 1;00.00 feet and a ceatr?1 angle of IS°28'19" for an arc dis`~ance of 33"..04 • iert to a point of tangency, said point neing on a line 45.00 f°.~t Northezsterly of and Da-alel azth said Nor-,h°.zsteriy Ii°~nt-oi-way Iine of SII,VER3r~-~L ROAD; Tr~CE S 42°26'?2" E, along said parallel line, a distance of 165.97 feet to a line 500.00 feet Sohn and parallel with said North Line of Northeast One- (NE 1/4); - TF~NCE S 89°52'16" R', along said parallel line, a aistance of 60.86 feet to said Northeasterly right-of-way line of SII,VERBELL ROe~q and tnvironmenial CorsuCans, lnc 4625 F. Fort Lowe11 Road • Tu-,.son, Araana E57.2 ' Te;. 521321625 • Fax 521325-0333 w-m:ee~-irdo.cam a~w sec No~s~ >>s _,_ ~ Octobr: 7, 2002 EEC No. 20079 . Runt of Way to be Acquired Page 2 Tr1ENCE N 42°26'42" W, along said Northeaste~y ri~t-o~ R~zy line of SLi Vr.RBELL RO.gD, a distance of 574.76 few to the POLh'T OF BEGL1t`!~ZrIG; . Containing 34,111 square feat, more or Iess. Preparv3 by: . ENG~~IEERI?~TG AND ENVIRONMENTAL CONSUZTAn i S, LvC ~am~ L. Dean, R.L.S. Ti.. D:1Jy . j:~rc3u~a1'~-~2~200794-R-m be aoau5 ~~ ~~~slwl7F v`` S4i4~ ~~&~ EXH~B~T B-~ R'W Set No(s): 115 +\ `~~ . ~ i i 1~=100 i ` ' ~ ?G 24 \ i 16.70' - - - - - - - `. ~ ~ C ~~ O~ ~r ~ 'ss ~~ sG~ `"° ~ ~ ~~ c~ ,.~~ ~ \ s, l ~ I,-_ .,~~~~- .~ ~, i 1 ~ ~ J~~ 60.80 SKETCH SHOVING PERMANENT R1 GN T- Or -WAY . a ~oR T ION OF SECTIDt~+ 2, T-13-S, R- i 2-E G& SRI/ PIIvIA COUNTY, ARIZOI~+A . (214- 04- O44A) Engineering and Environmental Consultants, ~~c. } 4626 E. rT. LOZfiELL RD. TUGBOAT. 4RIZOAT4 65712 520-321-4625 -_ i~c A2oo7s ~ s_r »s EXHIBIT C Description of Right-of-Way Acquisition from Ina & Silverbell 1 Limited Tax Parcel 214-04-044A A portion of that parcel of land recorded at Docket 7732, Page 1043, in Pima County, Arizona, being also a portion of Lots 1 and 2, in Section 2,Township 13 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona, being more particularly described as follows: Commencing at the South'/. Comer of Section 35, Township 12 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona, marked by a 3-114 inch aluminum cap, from which the Southeast Comer of said Section 35, marked by a sheared, fluted shaft, lies North 89°-24'-13" East, 2627.05 fee# distant; thence, along the South line of the Southeast Quarter of said Section 35, North 89°-24'-13" East, 116.74 feet; thence, South 00°-35'-47" East, 74.89 feet to the Southeast Right-of-Way intersection of Ina Road as recorded at Book 9, Page 91 of Road Maps in Pima County, Arizona, and Silverbell Road as recorded at Hook 3, Page 10 of Road Maps in Pima County, Arizona, marked by an aluminum capped pin; thence, along the South Right-of-Way fine of Ina Road as recorded at Book 32, Page 01 of Records of Surveys in Pima County, North 89°-25'-12" East, 322.38 feet to the point of beginning; thence, continuing along the said South Right-of-Way line of Ina Road, North 89°-25'-12" East, 997.88 feet to a #4 rebar marking the Northwest comer of that parcel of land recorded at Docket 7523, Page 1368, in Pima County, Arizona; thence, South 68°-20'-12° East, 53.85 feet along the Northwesterly line of said Docket 7523, Page 1368, to a point from which a #4 rebar Pies South 68°-20'-12"East, 302.51 feet distant; thence, North 89°-27'-55° West,1047.92 feet to the point of beginning, containing approximately 10,170 square feet The Basis of Bearing is the South line of the Southeast Quarter of said Section 35, being North 89°-24'-13° East as recorded at Book 32, Page 01 of Records of Surveys in Pima County. Page 1 of 2 ROW #2 10-08-03 rcY 28745 '~ KRIS VANWAGINEN f ~ j,~ =eye= ,;,..; EXHIBIT C-1 Exhibit showing the Right-of-Woy Acquisition A Portion of Section 2, Township 13 South, Ronge t2 Eost. Gilo and Solt River Meridion from Ino & Silverbell l Limited. P N 214-04-044A SHEARED FLUTED SHAFT, SOUTH EASE CORNER SECTION 35. Tl25 Rl2E Tox orcel o. ~~_ I~ \-A~~ S 6B'2D72 E SCALE: r -200' l1LU# 3025r i i , t ~ EXISTING ~ R/GNT-OF-WAY •4 R£BAR PROPOSED RIGHT-DF•WAY N0. BEARING (STANCE U N B924'l3' E II674' L2 S 035'47' E 7989' L3 S 68'2012 E 5385' j , i ~ e q' ~ S PIMA COUNTY ~' ~ 214.04.0420 N) W ~ t ~ Wt ~ N 1 F1I ~ ~ b11 ~ 2 0 Z fAJRFAX NANAGENENT ;, !NA & SILVERBELt /UNITED e 226.32-0NN ~ 2!4-09-044A DXT. 7732 PAGE 1043 t ~ ~ GRO55 AREA • 65471! SF !ASSESSOR) t , ~ RIGHI-0F-WAY TAKE - ID170 SF e i I S NET AREA •64410! SF ~ ~ Ot~ .' c, ' ~" p4 QI~ e ~~~! Z ~ ~2 04 e ,' SOUTH UNE ~ i o+ / j\, Q~F, ~ SECTION 35 t ~ J m '- ~• `'' 1Cq S~ I, ~ PDINT Of . 0~' t~' TF G BEGINNING ,/.' C'J\~ ~2$74~~ ~~ KRIS o' ~ '~ - VANWAGENEN ' w ~(~. , j ~~/ ~ /- ise a atfp7at.a, of ,ne 'rf;: ,t,t ian .r. Mi; :rstrc.~en~ ~ (( ALUNlN'JN CAPPED PIN ~~~U' ~ / ~ U iLY eihsr ihAn Ite soecif~c xx'F~e ~nr +.,icn ~t re: / ERgE~j ~ ~ / irttvka ano is aihr cnon tna c;ia7- is r,x, i:.ns ' ROOT ALUNINUN 5~~~ / ~ ~ i CAP IN CASTING a~-c;xraa is trraidas, anless azCress~y ars,if~ec Sr. SOUTH % CORNER ,Tiiin~ in o0vonca ay R.S. EkGikEEAltw ;F:GRF0RdTE0• --- `-- ---- ---- SECTIDV 35, o•~ R.S. cKGIR£ERING it~reac;co sm~i nave:ro ----- t Tl25 R12E !id/itity,a any itte ai tais infc-rotim vffro~.~f 'r-_i- .- / ~ .rif-:~ xrsent. QqS ExCIR1:LR:k~ ~= 4 R S ENGINEERING ~~p~®~r~~N ~ ®r ~U~~c' w~~~s CONSULTING ENGINEERS INA ROAD S(LVERBELL ROAD =..s ~,~ ,a6u, aau.c,.ao. ,aa~.. ut:a+u ,s„a „~„ ,,,_,,,, F.=: tsm, :,,-„as T 0 f N T E R S T AT E 10 ROW •2 /0.08.03 { 1~~N ~F TOWN COUNCIL ' MEETING TOWN OF MARANA ; ; R ; INFORMATION ~RIZJM~' MEETING DATE: Apri120, 2004 AGENDA ITEM: IX. A. 4 TO: MAYOR AND COUNCIL FROM: C: Brad DeSpain, Utilities Director SUBJECT:. Resolution No. 2004-48: Relating to Water Service; Approving and Authorizing the Execution of the First Amendment and. Addendum to Town of Marana Agreement for Construction of Water Facilities and Provision of Water Utility Service between the Town of Marana and Diamond Ventures, Inc., Continental Reserve, LLC and Pima Farms 160, LLC, pertaining to the - Ironwood Reserve Project.: DISCUSSION This. item is an amendment and addendum to Town of Marana Agreement for Construction of Water Facilities and Provision of Water Utility S ervice entered into on April 18,•2000. This resolution would extend the existing agreement. to include Ironwood Reserve. It would authorize the Developer to drill .one well and build one storage tank instead of two. Marana has concluded that its municipal water supply. system does not need all of the well production and storage capacity. at Continental Reserve .required by the original agreement. In consideration for the changes. in the number of Water Facilities,. the Developer will pay Marana $300,000. As part of this amendment the Developer will construct an interconnect from Continental Reserve to Ironwood Reserve; the cost of which will be reimbursed to the. Developer through meter fees collected from the homebuilders. RECOMMENDATION Staff and the Water Utility Advisory Committee recommend approval of Resolution No. 2004-48, approving and authorizing the execution of the First Amendment and Addendum to Town of Marana Agreement of Construction of Water Facilities and Provisions of Water Utility Service between the Town and Developer, pertaining to the Ironwood Reserve project. SUGGESTED .MOTION I move to adopt Resolution No. 2004-48. BLUPima Farms, Ironwood Reserve 04/14/20041:45 PMAPM C~ 112ARANA RESOLUTION N0.2004-48 RELATING TO WATER SERVICE; APPROVING AND AUTHORIZING THE EXECUTION OF THE FIRST AMENDMENT AND ADDENDUM TO TOWN OF MAR.ANA AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES AND PROVISIONS OF WATER UTILITY. SERVICE BETWEEN THE TOWN OF MARANA AND DIAMOND VENTURES, INC, CONTINENTAL RESERVE, LLC AND PIMA FARMS 160, LLC, PERTAINING TO THE IRONWOOD RESERVE PROJECT. WHEREAS, the Town and the Developer have entered into an Agreement for Construction of Water Facilities on Apri118, 2000, for Continental Reserve; and WHEREAS, Marana and Developer have each performed their respective obligations to date under the Agreement; and WHEREAS, Marana has concluded that its municipal water supply system does not need all of the well production and storage reservoir capacity at Continental Reserve as required by the Agreement; and WHEREAS, Developer intends to facilitate the development, as a Master Developer, of a new project lmown as Ironwood Reserve, and desires the provision of water service to and within said project; and WHEREAS, Marana is willing to expand the Agreement to provide water service to and within Ironwood Reserve in accordance with the Municipal Code of Marana ("Marana Code") and in accordance with the terms of the Amendment and Addendum; and WHEREAS, the Mayor and Council find that the terms and conditions of the Amendment and Addendum are in the best interest of the Town. w ~~r NOW, THEREFORE, BE IT 1ZESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Agreement of Construction of Water Facilities and Provisions of Water Utility Service between Marana and Developer, attached as Exhibit A to and incorporated hereby this reference, for construction of water facilities and provisions for water utility service, is hereby authorized and approved. SECTION 2. The Mayor is hereby authorized and directed to execute, and the Town Clerk in hereby authorized and directed to attest to, said Exhibit A for and on behalf of the Town of Marana. SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. PAS SED A ND A DOPTED B Y T HE M AYOR A ND C OUNCIL O F THE TOWN. OF MARANA, ARIZONA, this 20~' day of April, 2004. Mayor Bobby Sutton, Jr. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Town Attorney • RSO 040420 Pima Farms, Ironwood Reserve RSO 20048 2 APM 04/14/2004 FIRST AMENDMENT AND ADDENDUM TO TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES AND PROVISION OF WATER UTILITY SERVICE This FIRST AMENDMENT and ADDENDUM TO TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES AND PROVISION OF WATER UTILITY SERVICE ("Amendment and Addendum"), entered into as of the 20th day of April, 2004, by and between the TOWN OF MAR.ANA, ARIZONA, an .Arizona municipal corporation (hereinafter referred to as "Marana") and Diamond Ventures, Inc., an Arizona corporation, Continental Reserve, L.L.C. a limited liability corporation and Pima Farms Village, LLC, a limited liability c orporation (hereinafter c ollectively r eferred to as the "Developer" or "Applicant") amends and adds to that AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES ("Agreement"), entered into between Marana and Developer on April 18, 2000. RECITALS WHEREAS, Marana and Developer have each performed their respective obligations to date under the Agreement; and WHEREAS, Marana has concluded that its municipal water supply system does not need all of the well production and storage reservoir c apacity at Continental Reserve contemplated and required by the Agreement, due to the fact that the density of development at Continental Reserve will be less than originally contemplated; and WHEREAS, Developer intends to facilitate the development, as a Master Developer, of a new project known as Pima Farms Village, by means of sales of portions thereof to other developers, and desires the provision of water service to and within said project; and WHEREAS, Marana is willing to provide water service to and within Pima Farms Village in accordance with the Municipal Code of Marana ("Marana Code") and in accordance with the terms of this Amendment and Addendum. COVENANTS NOW, THEREFORE, in consideration of the Recitals set forth above and the mutual covenants, conditions and agreements set forth below, the parties agree as follows: I. DEFINITIONS 1.1. The definitions set forth in the Agreement shall be applicable to this Amendment and Addendum where applicable, and unless otherwise amended. • Subsection 1.2 of the Agreement is hereby amended to read as follows: 1.2. Pro ert : That certain property or real estate developments known as Continental Reserve and Pima Farms Village, as shown on Exhibit "A" and Exhibit "D," respectively, attached hereto and made a part hereof. II. AMENDMENTS. 2.1. Subsection 2.3(a)(i) of the Agreement is hereby amended to read as follows: "Water Production Facilities. Developer shall convey to Marana one (1) well with a production capacity of not less than one thousand (1,000) gallons per minute. 2.2. Subsection 2.3(a)(ii) of the Agreement is hereby amended to read as follows: Interconnections. D evelopershall design and construct at D eveloper's own expense (i) the eight-inch (8")water line a nd appurtenant facilities necessary to interconnect Continental Reserve, and (ii) the twelve-inch (12") water line and appurtenant facilities necessary to interconnect Pima Farms Village, to the municipal water supply system of Marana. 2.3. Subsection 2.3(a)(iii) of the Agreement is hereby amended to read as follows: "Stora e. Developer shall construct a storage tank of one million (1,000,000) gallons storage capacity. 2.4. Subsection 3.4 of the Agreement is hereby amended to read as follows: The words "Continental Reserve," as they appear in the fourth line are deleted and the words "the Property" substituted in their place. III. COSTS OF CONSTRUCTION OF WATER FACILITIES 3.1. Anew paragraph 3.5 is added to the Agreement to read as follows: "In further consideration of Developer's construction of the twelve-inch (12") water line to interconnect Pima Farms Village to the municipal water supply system of Marana, and pursuant to the provisions of Marana Code § 14-4- 1(B)(3)(vii) and §14-4-3(B) and (C), Marana shall make refund payments of $200 for each residential lot water connection occurring in Pima Farms Village, subject to the terms and conditions of this Subsection 3.5. In that regard, such water line shall be deemed to be and shall be treated as a "protected main" under the Marana Code. Marana shall make refund payments to Developer on or before January 31 and July 31 of each year for the preceding period ending December 31 and 2 June 30, respectively. This refund obligation shall (i) not apply to any connections made during any period in which Developer is in breach of this Agreement, (ii) automatically terminate on the tenth (10th) anniversary of this Addendum and Agreement, subject to the continuing obligation of Marana to pay Developer any refunds accrued, but unpaid, as of the tenth (lOth> anniversary and {iii) in no event exceed a cumulative amount of Fifty Nine Thousand dollars ($ 59,000). 3.2. Anew Subsection 3.6 is added to the Agreement to read as follows: "In consideration of Marana's willingness to amend Subsections 2.3(a)(i) and 2.3(a)(iii) of the Agreement to reduce the number of Water Facilities that Developer is obligated to construct Developer shall pay to Marana the sum of Three Hundred Thousand Dollars ($300,000) as an `in-lieu fee,' which Marana may use at its sole discretion, to supplement the existing water facilities to provide water production, storage and fire flow capacity to the Property when fully developed. Such sum shall be subject to reimbursement pursuant to Subsection 3.4." • • 3 • • Bobby Sutton, Jr. Its Mayor IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written. TOWN OF MARANA By: ; APPROVED AS TO FORM: By: Frank Cassidy, Town Attorney DEVELOPER DIAMOND VENTURES, INC. By: Its: PIMA FARMS VILLAGE. L.L.C. By: Its ATTEST: By: Jocelyn C. Bronson, Town Clerk CONTINENTAL RESERVE, L.L.C. By: Its: G:\WORK\LARRY\DIAMOND\Town of Mardna\Amendment-Addendum-Agr(Second Revised-cln).doc 4 SOWN Op TOWN COUNCIL ~~ MEETING TOWN OF MARANA ' v M RANA ~ INFORMATION ~A120Nh MEETING DATE: April ~.Q,~ 2004 AGENDA ITEM: IX. B. l TO: MAYOR AND COUNCIL FROM: Mike Brummett, Parks and Recreation Department SUBJECT: Resolution No. 2004-46: Relating to Boards, Commissions and Committees; Approving the Formation of the Marana Teen Advisory Council. DISCUSSION Town staff and community leaders, under the direction of Council Member Tim Escobedo, formed a planning committee to explore the feasibility of developing a youth advisory committee within the Town. The purpose of the youth advisory committee would be to acknowledge the needs of youth in our community and to provide them with ahands-on opportunity to learn about civic government. This would enable them to identify and address issues of importance or concern to them in a manner similar to the Marana Town Council. The staff planning committee participated in a presentation made by an advisor to the Peoria youth committee and then several planning committee members attended a Peoria youth committee meeting. The outcome of those events spurred the planning committee to prepare a survey which was distributed to approximately 1600 Marana High School students, asking for input on youth/student activities andinterest in a teen council. The very positive response led to the formation of the Marana Teen Advisory Council (MTAC), with approximately 60 students asking to be considered for appointment to the committee. The attached draft Application form, By-Laws, Mission and Code of Conduct have been prepared as guidelines. for the MTAC members. To qualify for a seat on the MTAC, which will mirror the Marana Mayor and Town Council, students must be residents of the Town of Marana. Other MTAC positions will be similar to the professional. positions of department heads within the, Town organization and maybe filled by any student attending middle and high schools within the Marana Unified School District. Once those positions have been filled, other students maybe selected by MTAC to chair or serve on subcommittees to augment the MTAC policymakers. It is anticipated that once the MTAC votes on an issue, it can either be dealt with and resolved at that level or the MTAC can forward a recommendation to the Marana Town Council for further action, similar to the way any other advisory committee submits a recommendation to the Town Council for consideration. Teen Council Approval.doc JCBI04/14/Z004/1:38 PM The •estimated cost associated with sponsoring the MTAC is not known at this time, but it is anticipated that after the first two years. of existence, it will be primarily self-supporting through fundraisers and supplemented by the Town consistent with all other advisory committees. RECOMMENDATION _,~ Staff recommends that Council approve of the formation of the Marana Teen Advisory Council (MTAC) and direct staff to move forward to refine any and all documents relating to the selection of the first MTAC to be seated. by the beginning of the school year in the fall of 2004. SUGGESTED MOTION I move to adopt Resolution No. 2004-46 and request that staff and a member of the MTAC make an annual report to Council prior to the end of each school y ear, on the benefit of having the MTAC. -2- MARANA' RESOLUTION N0.2004-46 RELATING TO BOARDS, COMMITTEES AND COMMISSIONS; APPROVING THE FORMATION OF THE MARANA TEEN ADVISORY COUNCIL WHEREAS, the Marana Town Council has determined that the youth of Marana have unique insight into the needs, desires, problems and issues which confront and are experienced by young people; and WHEREAS, the Town Council believes that Marana's youth, as inheritors of the community, are deserving of a voice and representation of their issues in a manner similar to adult citizens; and WHEREAS, the Town Council desires to provide Marana youth with an opportunity to acquire a greater knowledge of and appreciation for the American political system through active participation in that system at the local level; and WHEREAS, the Town Council intends, by creating a Marana Teen Advisory Council, to instill in youth a feeling of community pride, self-worth and esteem, to encourage orderly change through the democratic process and to provide a venue where youth can participate in collaborative as well as cooperative efforts with established organizations to better the environment of their friends, family and classmates. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF Iv1ARANA, ARIZONA, that the Marana Teen Advisory Council be created.. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 20th day of April, 2004. Mayor Bobby Sutton, Jr. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney MTAC/JAB/04/11/1004 ~DRAFT~ BY-LAWS of the MARANA TEEN ADVISORY COUNCIL _ _... _ -.r (MTAC) ARTICLE I: IDENTIFICATION Section 1. Name. The name of the group is the Marana Teen Advisory Council or MTAC. Section 2. Address. The address of the Marana Teen Advisory Council is 13251 N. Lon Adams Road, Marana, Arizona, 85653. ARTICLE II: PURPOSE Section 1. Purpose: To provide an opportunity for the youth of the Town of Marana to acquire a greater knowledge of and appreciation for the American political system through active participation in that system. To identify issues of general interest to youth as well as advise the Mayor and Council of those issues and assist in solving problems and accomplishing the goals of this community by working directly with the representatives of the youth. To serve the youth of the community by including the Marana government in the information gathering assessment of the needs and wishes of the youth. Plan and implement social, educational, cultural and recreational activities for youth. Develop working relationships with the Mayor, Council, Town staff, youth organizations, schools, the Chamber of Commerce, nonprofit organizations, civic clubs and service groups. Provide volunteer, service and leadership opportunities for the youth of Marana. Instill a feeling of positive self worth and esteem. Teach respect for the rights and property of others, and promote community pride and eliminate potential negative influences among our youth and future community leaders. ARTICLE III: DUTIES AND RESPONSIBILITIES Section 1. Duties and Responsibilities. MTAC 2nd Draft 4/6/04 JCB As with the Marana Town Council, the Marana Teen Advisory Council will decide policy on issues brought before it. All teen council members will be required to fill the equivalent of the Marana town government positions. Members will be appointed to designated committees by majority vote. The Teen Mayor shall sit as chair of all MTAC i'tTeetings. Monthly meetings will include at a minimum the Town Attorney, Teen Advisory Coordinator(s) and Teen Town Clerk, who will prepare and distribute meeting agendas. The MTAC will meet regularly with the Teen Advisory Coordinator(s) and the Teen Advisory Committee to plan and coordinate all meetings and activities, and discuss issues related to MTAC. The Teen Town Clerk shall keep minutes of all meetings and distribute them as needed. The Teen Town Clerk will contact the Teen Town Attorney for agenda items, prepare and distribute agendas and keep a permanent record of MTAC minutes and agendas. The Teen Finance Director will: be a signatory on an MTAC checking account established for the purpose of maintaining operating funds; shall keep a record of all revenues and disbursements relating to the operation of the MTAC; and shall make a report to the Teen Council on its fmancial position each month. The Teen Finance Director will recommend and help organize fund raising activities, locate possible grants and other funding sources and perform other duties necessary to achieve the goals of the Teen Advisory Council The Teen Town Manager shall work with the Teen Attorney and the Teen Town Clerk to prepare the agenda for each meeting as well as set the schedule for discussion of projects and issues. The Teen Town Manager will schedule appropriate training in coordination with the Teen Coordinator(s). Section 2: Meetings. The MTAC along with the Teen Advisory Coordinator shall meet on the second Tuesday of each month unless rescheduled by the MTAC and the Teen Advisory Coordinator. The MTAC shall modify these by-laws and future amendments as needed by majority vote and present them to the Mayor and Council for approval. The MTAC shall develop a Mission Statement and present it to Mayor and Council for approval. MTAC shall carry out the purposes of the MTAC as outlined in the by-laws. MTAC Members shall encourage full Teen Advisory Council participation and leadership in Marana Teen Advisory Council activities. MTAC member shall represent the Marana Teen Advisory Council, its interests and views to adult leaders and youths in the community. .MTAC Members will represent the Town of Marana and the youth of our community at all functions pertaining to Marana Teen Advisory Council issues. Members will plan MTAC 2"d Draft 4/6/04 JCB activities for the youth of the community, coordinating all such activities with the Teen Advisory Coordinator and others. To pass motions and resolutions as necessary by a majority vote. A majority vote requires 51 % of the active members to be present. To get a better understanding of how the Town of Marana operates, MTAC 1Vl~mbers will be required to meet at least twice annually with their adult counterpart to learn about the job which that person does, attend one Town of Marana Council meeting per month, attend at least three (3) Planning and Zoning Commission meeting annually and participate in one of the following programs A) Town of Marana CREW Program and B) Marana Teen Citizens Police Academy. ARTICLE IV: OFFICERS AND COMMITTEES Section 1. Officers. The officers shall include, but not be limited to the following: Mayor (serves as the chair person) Vice Mayor (serves in the absence of the Mayor) Council Members (select five) Town Manager (guides the day to day operations of the staff ) Town Clerk (serves as the Secretary) Town Attorney Finance Director (Treasurer) Development Services Director Economic Development Director Airport Director Human Resources Director Parks & Recreation Director Maintenance and Operations Director Utilities Director Public Works Director Magistrate Chief of Police Town Engineer Section 2. Committees. The MTAC may from time to time appoint committees to assist them in their deliberations. These committees will be advisory in nature. The objective of advisory committees will be to gather information on specific issues and make recommendations to MTAC. MTAC 2nd Draft 4/6/04 JCB Each committee may include a member of the MTAC governing body and a member of the MTAC professional staff, but shall be chaired by an MTAC member at large. Membership on committees shall be approved by the MTAC governing body with concurrence by the MTAC Coordinator. Section 3. Committee Term.''' Committee membership shall be for a period of one (1) year. ARTICLE V: MEMBERSHIP Section 1. Selection Process for Members. The MTAC shall seek in its membership a diverse representation reflecting the community. A total of no more than twenty-two (22) members will serve as the MTAC governing body and professional staff. Members at large who maybe designated to chair or serve on advisory subcommittees are subject to the same Code of Conduct as the MTAC governing body and professional staff. Section 2. Term and Election A term of office of MTAC members shall commence at the beginning of each school year, but no later than September 15th and ending July 15th. Advisory committees may continue to meet during school vacation periods and throughout the summer. Election to .office will occur concurrently with Town primary elections in March and general elections in May of odd numbered years. A temporary MTAC governing body will be appointed by the Marana Town Council for the period 2004-OS until elections for 2005-06 can be held. During election cycles, nomination papers for the MTAC will be distributed to hi~h school students grades 9,10 and 11, with consideration also given to graduating 8 graders. Nominations and elections will be handled in a similar process to Marana Town Council elections. Section 3. Qualifications. To serve on the MTAC, a teen must live within Marana town limits, must attend an Arizona State recognized high school or be home schooled. The teen must have attained 9th through 12th grade status and a minimum 2.0 grade point average or better. The teen m maintain good citizenship and must demonstrate interest and a willingness to serve the youth and community of Marana. Section 3. Term of Office. MTAC 2nd Draft 4/6/04 JCB The term of office for MTAC shall be for two (2) years except for the first year where teens of senior status maybe selected to serve aone-year term. Should a vacancy occur for any reason within that two-year period, a majority of the remaining MTAC may appoint a qualified teen to fill the unexpired term. Section 4. Absences. "~- An absence will be considered excused if the member contacts the MTAC advisor prior to the meeting, or if in the case of an emergency, up to one day following the meeting. MTAC members will be allowed three (3) excused absences per one-year term. The MTAC Member shall be eligible to apply for membership during the next year. In special circumstances, exceptions can be to this rule as determined by the MTAC, Teen Advisory Coordinator and the Teen Advisory Committee. Section S. Oath of Office. The swearing in of the newly elected Marana Teen Advisory Council governing body shall take place in May of each year. The oath of office shall be administered to each MTAC governing board member by the Marana Town Clerk. ARTICLE VI: LIMITATIONS Section 1. Limitations. The Marana Teen Advisory Council governing body, which comprises the equivalent positions of Mayor and Council for the Town of Marana, must have a quorum or four (4) members in order to conduct business. The By-laws and all amendments to the By-laws are to be approved by the MTAC with concurrence by the Town of Marana Mayor and Council. The agendas of all MTAC meeting are to be posted publicly at least 24 hours in advance of a meeting. All activities are to be coordinated with the Teen Advisory Coordinator and when necessary with the Teen Advisory Committee, Mayor, Council, Town staff, youth groups, schools, Chamber of Commerce, nonprofit organizations, civic clubs and service organizations. ARTICLE VII: ADVISORS Section 2. Teen Advisory Coordinator. The MTAC shall have at least one Teen Advisory Coordinator. The Teen Advisory Coordinator(s) will meet with the teen equivalents of the Town Manager and the Town Clerk to prepare meeting agendas. The Teen Advisory Coordinator(s) will attend MTAC meetings. The Teen Advisory Coordinator(s) shall be a staff member(s) of the Town of Marana. MTAC 2id Draft 4/6/04 JCB Section 3. Teen Advisory Committee. The MTAC shall form a panel to conduct all interviews for application to the MTAC and make recommendations to the Marana Town Council, advise the MTAC and Teen Advisory Coordinator as necessary, and review amendments and changes to the By-Laws prior to presentation to Town Council for approval. (The committee should probably discuss this composition before inserting it into the official By-Laws. I'm leaning toward letting MTAC have some latitude in who sits on the general advisory board -Jocelyn).. ARTICLE VIII. AMENDMENTS Section 1. Changes to by-laws: These by-laws maybe amended at any regular stated meeting provided 51 % of the members of the Marana Teen Advisory Council approve the amendment in a roll call vote, providing further that the amendment is part of the agenda for the meeting and the membership has been notified in writing. Section 2. Final approval: By-laws and amendments must be approved by the Marana Town Council in order to take effect. Dated this day of , 2004. MTAC 2"d Draft 4/6/04 JCB -_ ~ M arana Teen MARA"A Advisory Council • .~a~~~ APPLICATION Please complete this application and return to: Mike Brummett, Teen Coordinator Town of Marana Parks and Recreation Department 13251 N. Lon Adams Rd. Marana, AZ 85653 (520) 682-3324 APPLICANT INFORMATION First Name Last Name Grade as of Fa112004 U Phone Number Street Address City Zip Code School: ^ Mountain View High School ^ Marana High School Shirt Size: ^ X-Small ^ Small ^ Medium ^ Large ^ X-Large ^ XX-Large ^ XXX-Large Students must maintain a minimum 2.0 GPA to participate in the Marana Teen Advisory Council. Please answer the following questions: 1. Please tell us why you wish to be appointed to the Marana Teen Advisory Council. 2. What extracurricular activities, hobbies, and other interests do you participate in or enjoy? Additional Comments: I certify by signing below that the information that I have provided is true and agree to live by the Marana Teen Advisory Council code of conduct found in the Marana Teed Advisory Council charter. Failure to follow this code of conduct will result in my removal from any office held on the Marana Teen Advisory Council and possibly result in my not being allowed to participate in Marana Teen Advisory Council activities Signature Date • PARENT/GUARDIAN INFORMATION Parent or Guardian Name Emergency Contact Relationship to Student U - Home Phone ~-) Work Phone U - Phone Permission Form: I grant permission for my child, named above, to participate in the MARANA TEEN ADVISORY COUNCIL AND RELATED ACTIVITIES. I/we additionally permit the free use of my child's name and picture in broadcasts, newspapers, etc. Signature Date • `pWN OF TOWN COUNCIL _~~- MEETING TOWN OF MARANA 9 ; ANi~ ; INFORMATION ~RIZUN~ MEETING DATE: Apri120, 2004 AGENDAITEM: IX.B.2 TO: MAYOR AND COUNCIL FROM;. Kevin Kish, Interim Planning Director SUBJECT: PUBLIC HEARING -Ordinance No. 2004.07: Relating to Bevel- opment; rezoning. the 103-acre Willow Ridge property along. he south side of Cortaro Farms Road east of Hartman Laneand west of Star Grass to R-6 (60 acres), R-16 (34 acres) and NC (9 acres). DISCUSSION The applicant is requesting approval of a zone change to develop, Willow Ridge amixed-density residential neighborhood with commercial nodes on approximately 103 acres of land. Willow Ridge and is located along the south. side of Cortaro Farms Road, east of Hartman Lane and west of Star Grass. The Willow Ridge site is part of a newly annexed area of Marana and provides an infill project surrounded by low to medium density residential. The plan emphasizes the preservation of open space and is sensitively planned to respect the site's high environmental resource value. Cortaro Farms Road currently operates at a Level of Service (LOS) F at this location. The implementa- tion of this development requires road-widening improvements to Cortaro Farms Road. The de- veloper has committed a minimum of $700,000 toward the design and construction costs of the Cortaro Farms Road project. The developer's contribution to the design and construction of Cor- taro Farms Road will benefit the community and based on the Town Council's adopted Intergov- ernmental Agreement (IGA) with Pima County .will move the project's Capital Improvement Program schedule from year 2008 to begin design and construction in 2004. ZONING REQUEST The subject property is approximately 103 acres. The applicant proposes a balanced, mixed-use development with 60 acres of R-6, (single-family residential, 6,000 square foot minimum lot size); 34 acres of R-16 (single-family residential, 16,000 square foot minimum lot size); and a Neighborhood Commercial (NC) retail node of 9 acres. The R-6 zone is proposed for the west portion of the property for an average of 2.83 residences per acre. The east portion of the site, proposes approximately .88 residences per acre. Commercial use is proposed east and west of the intersection of Cortaro Farms Road at the north alignment of Camino de Oeste. This r ezoning p roposes to r e-vegetate a nd p reserve a pproximately 3 9.19 a Gres o f o pen s pace. Approximately 25% of the site will be preserved as natural undisturbed open space. The appli- cant has identified two active recreational areas, totaling approximately 32,000 square feet, to 042004 Willow Ridge Rezoning Bluesheet.doc 4/10/2004 3:33 PMKMK provide for the necessary on-site recreational area to serve the R-6 development. In addition ap- proximately 13 .acres will be re-vegetated where disturbed primarily in the open space corridors. The applicant proposes a 30-foot building setback along Cortaro .Farms Road and a 20-foot building setback. along the extension of Camino de Oeste. In addition the applicant is proposing limiting single story homes withiri'~300 feet of Cortaro Farms Road and along .the west (Oshrin Park) boundary to maintain existing mountain views for adjacent neighbors in the Oshrin Park subdivision. GENERAL PLAN AND RELATED OTHER PLANS This recently annexed (Council Adopted .March 16~') area is within the Ultimate Town of Ma- rana General Plan 2003 Update boundaries. A portion of the site is in Marana's Environmentally Sensitive Lands area.- Therefore, Marana General Plan goals for Environment are important in guiding this site's development.. The residential requested use conforms to the General Plan's land use classification for low density residential (0.6 - 3.0 dwelling units per acre).. In addition, this project proposes solutions that represent-the General Plan's Vision for community values, orderly growth, and economic opportunity. The proposed development addresses traffic conges- tion issues, provisions for open space, sensitive environmental planning, and mixed land-uses of commercial and residential development.. The interrelationship and implementation of all of these development :concepts work towards Marana's Vision for aself-sustaining community. This rezoning also accelerates the schedule for Pima County's Capital Improvement Program for transportation improvements to Cortaro Farms Road, and supports the Town of Marana's Park, Trail, and Open Space System Master Plan. CIRCULATION There a re c oncerns t hat n eed t o b e a ddressed r egarding o ffsite t raffic c irculation. O ne i s t he number of accesses to Cortaro Farms Road.. The Traffic Engineer, supported by planning .staff, has raised concern about proposing five access points, two for residential and three for the com- mercial, along Cortaro Farms Road. With Cortaro Farms Road being designed as afour-lane divided road these ingress/egress points will be designed asright-in right-out only turns, unless justified with additional traffic engineering, as accepted by the Town of Marana. The Cortaro Farms Road design will be analyzed for proper distance between curb cuts and intersections and also for adequate provisions for left and right turn lanes, if permitted. Currently, Cortaro Farms Road in this area is a two-lane paved arterial with a 60-foot existing right-of-way. New improvements for Cortaro Farms Road in this area include provisions for a 150-foot right-of--.way, four-lane divided road, with left turn lanes at key intersections. If this .project is rezoned, construction improvements for Cortaro Farms Road may begin in 2005.. The Pima County Capital Improvement plan schedules construction of Cortaro Farms Road in 2008. This project illustrates Marana's commitment to coordinate land use development with related transportation improvements to-better-serve the community. The applicant has also committed that no certificate of occupancy for the Willow. Ridge project will be allowed until the Cortaro Farms Road Improvements are in place, which is memorialized in staff condition 30. Internal circulation will be public streets. The extension of Camino de Oeste will be a collector street that will provide access to future residents, the onsite, park, and Tucson Community -2- • Church. One of the staff-recommended conditions requires the extension of Camino de Oeste be extended to Pima Farms Road. This will provide access to a signalized intersection for the sur- rounding residents, at the extension of Camino de Oeste and Cortaro Farms Road. A system of residential streets will branch off this extension. Sidewalks will circulate through the entire sub- division on at least one side of the local roads. Footpaths are proposed along the improved washes in the open space ,corridor': The internal streets will meet the Town of Marana adopted standards. Staff has conditioned (Condition Number 31) that the applicant modifies the street sections to provide sidewalks on both sides of the local .streets in the R-6 residential area. Side- walks on one side of the street maybe acceptable for the lower density (R-16) residential area. OPEN SPACE, RECREATION Bt ENVIRONMENT The applicant is proposing an integrated system of functional open space resulting from drainage improvements to the on-site washes and protection where possible the preservation of mature, specimen ironwood trees and saguaros. The applicant will provide natural open space from a conservation easement in the low residential, east portion of the site. This conservation ease- ment, within the R-16 zone,. will be recorded on the final plat. The conservation easement will .remain as natural undisturbed open space in perpetuity and will run with the land and be en- forced by the homeowners association. The applicant is proposing that the R-16 zone lots will be restricted to 10,000 square foot grading envelope. Improvements along Cortaro Farms Road will include sidewalks and bike lanes that provide connections to regional parks and trails... The applicant proposes approximately 25.41 acres of natural undisturbed open space, 13.05 acres of functional. open space, and 32,000 square feet for park facilities. The project proposes a 50- foot buffer along its west boundary to provide a transition zone from the existing residents of Oshrin Park to the new development. A minimum 25' buffer,transition is proposed between the onsite commercial uses and residential areas. Remaining areas along the site's perimeter bound- ary and along the extension of Camino de Oeste will provide a minimum 20-foot bufferyard as proposed by the Tentative Development Plan. In a ddition t o t he o nsite o pen s pace a nd r ecreation b eing p rovided t he d evelopment w ill a lso provide a $6,400 per lot contribution to acquire, maintain, enhance and improve lands in the gen- eral vicinity of the property for the purposes of passive recreation, open space preservation, habi- tat restoration and disturbance mitigation. Per. the Development Agreement the lands to be ac- quired, maintained, enhanced and improved with this contribution shall include. essentially unde- veloped natural landscape, such as ridges, washes and scenic buffer areas. CITIZEN PARTICIPATION The applicant has held several neighborhood meetings in association with the Marana annexation and this proposed rezoning. These public meetings were held to encourage citizen involvement. The design concept for the tentative development plan responds to citizen input from surround- ing neighbors. The applicant has also met with other interested and affected stakeholder groups and public and private agencies. Staff a lso r eceived o ne letter i n o pposition from t he D efenders o f W ildlife o n t he d ay o f t he Planning Commission meeting.. Staff reviewed their concerns and based on the design of the -3- • proposed project and the on-going consultation with Fish and Game staff finds the concerns lack- ing basis or being addressed through the design and process of the project. RECOMMENDATION Staff and the Planning Commissi6it'find that this project is consistent with the intent and goals of the General Plan and the protect with the recommended conditions, is not detrimental to the immediate area or to the health, safety and general welfare of the inhabitants of the area and the Town of Marana and therefore, Staff and the Planning Commission are recommending approval, subject to the following conditions: 1: Compliance with all provisions of the .Town's .codes, ordinances and policies of the General Plan as current at the time of any subsequent development,. including, but not limited to, re- quirements for public improvements. 2. This rezoning is valid for five years from the date of Town Council approval; if the developer fails to have a final subdivision plat recorded prior to the five years the Town may initiate the necessary action to revert the property to the original zoning, upon action by the Town Coun- cil 3. The ultimate development proposed by this rezoning shall be consistent .with the adopted Development Agreement. 4. The applicant shall provide a direct connection from the south extension of Camino de Oeste to Pima Farms Road.. This will provide access to a signalized intersection for the surround- ingresidents, at the extension of Camino de Oeste and Cortaro Farms Road. 5. The property owner shall not cause any lot split of any kind without the written consent of the Town of Marana. 6. No two-story construction shall be provided within three hundred (300) feet of Cortaro Farms Road on the north and along the westerly property line, as delineated in the site analy- sis and tentative development plan.. 7. Building heights shall be restricted to 24' within the NC zone. 8. The proposed auto service station in NC zone shall require a conditional use permit. 9. The NC zoned property shall not be allowed to be developed at the R-6 standards. 10. Lots in the R-16 zone shall be limited to a maximum grading disturbance of ten thousand (10,000) square feet, as identified in the site analysis and tentative development plan. During the platting process the necessary covenant shall be established to protect the natural open space, outside of the ten thousand square feet of grading area. 11. Custom. lots that develop on 15% or greater slopes shall comply with Marana's PIDZ ordi- nance per Title. l9 of the Marana Land Development Code. 12. The proposed grading limits of the custom lot area shall be clustered into the best, buildable site areas that preserve as much connective high resource value habitat as possible. Individual Native. Plant Permits shall be required for the R-16 zoned lots, to protect and preserve the high resource. vegetation. -4- 13. All slope and drainage treatments shall be aesthetically designed and engineered (where nec- essary) to "naturalize" the built environment.. The developer and custom lot owner. shall mitigate drainage improvements and slopes with vegetation, natural rock, riprap, textures, and- colors characteristic of the natural, onsite desert environment to minimize the negative interface between the built environment and the natural environment. _,^ 14. The west fifty foot (50') buffer along Oshrin Park shall be designed with a minimum four- teen foot (14') pathway, for vehicle and pedestrian users, and an equestrian path' along the west side of the CMID irrigation easement In addition the 'area east of the CMID channel shall be revegetated with desert plants and cacti that are transplanted from the site. 15. The required vegetation i nventory s hall specifically locate high-density saguaro, ironwood and polo verde communities and. specimen multi-armed saguaro's and ironwood and polo verde trees that are over fifteen .feet in height.. ', C'. W 16. The layout adjustments shall be driven by preservation of mature multi-armed saguaros with a minimum thirty foot (30') circumference of preserved under-story vegetation. 18. A minimum of seventy-five percent (75%) of the 20'-30' ironwood trees shall be preserved in place or transplanted onsite or into'Marana's existing parks, community centers, or natural preserve areas. 19. At the time that the local roads are- staked the applicant shall retain a biologist to be onsite to protect valuable habitat and specimen trees where possible and determine the primary do not disturb areas based on vegetation coverage and habitat. 20. No approval, permit or authorization of the Town of Marano authorizes the applicant and/or ~'' the landowner. to violate any applicable federal or state laws or regulations, or relieves the applicant and/or the landowner from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. You are advised to retain appropriate expert and/or consult with the .appropriate federal and state agencies to determine any action necessary to assure compliance with. appli- cable laws and regulations. 21. The applicant shall dedicate, or cause to have dedicated, the additional right-of--way along Cortaro Farms Road to meet the required 150-foot right-of--way for Cortaro Farms Road. 22. A water service agreement and a master water plan shall be submitted, by the applicant, and accepted by the Utilities Director prior to the approval of the first plat, by the Town Council. 23. The applicant shall work with the Cortaro-Marano Irrigation. District (CMID) to maintain the necessary irrigation system and well sites to perpetuate the ability for CMID to have their us- ers irrigate as necessary. 24. The applicant shall develop a reclaimed water irrigation system, dedicated to the Town, to distribute imgation water to each individual lot and recreation areas within this development. 25. A sewer service agreement and master sewer plan shall be submitted, by the Developer, and accepted by Pima County Wastewater Management and the Town Engineer prior to the ap- proval of the first plat by the Town Council. -5- 26. Conservation easements for each lot and along open space corridors shall be recorded by fi- nal plat. 27. A Class III archeological survey .for all onsite un-surveyed areas and any further recom- mended archeological testing and mitigation shall be required prior to the issuance of grading permits. _,^ 28. The applicant shall include detapled residential and commercial design guidelines with the first preliminary plat or development plan submittal. 29. Where applicable, in the R-6 zoned area a wrought iron view fence shall be constructed on -top of the drainage stem wall for a combined maximum height. not to exceed 6', in the open. space corridor. In the R-16 zone to encourage wildlife migration the additional view fencing on top of the drainage stem wall will not be allowed. 30. The applicant shall not receive a Certificate of Occupancy from the Town of Marana until the improvements to Cortaro Farms Road. are in place. 31. The applicant shall modify the street sections to provide sidewalks on both sides of the .local streets in the R-6 residential. area. Sidewalks on one side of the street may be acceptable for the lower density (R-16) residential area, subject to review and approval of the Town. SUGGESTED MOTION.. I move to adopt Ordinance No. 2004.07 with the recommended. conditions. -6- • MARANA ORDINANCE N0.2004.07 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING A REZONE REQUEST BY RON ASTA REPRESENTING THE PROPERTY OWNERS TO REZONE APPROXIMATELY 103 ACRES OF LAND LOCATED ON THE SOUTHSIDE OF CORTARO FARMS ROAD, EAST OF HARTMAN LANE AND WEST OF STAR GRASS DRIVE, IN A PORTION OF SECTION 25, TOWNSHIP 12 SOUTH, RANGE 12 EAST, FROM THE TRANSLATIONAL ZONING OF R-144 (SINGLE FAMILY RESIDENTIAL 144,000 SQ. FT. IVI]NIMUM LOT SIZE) AND R-36 (SINGLL FAMILY RESIDENTIAL 36,000 SQ. FT. MIh1IlVIUM LOT SIZE) TO NINE ACRES OF NC (NEIGHBORHOOD COMMERCIAL), SIXTY ACRES OF R-6 (SINGLE FAMILY RESIDENTIAL 6,000 SQ. FT. MIlVIlVIUM LOT SIZE) AND T HIRTY-FOUR A CRES O F R -16 (SINGLE F AMILY R ESIDENTIAL 16,000 SQ. FT. MIl~IIMUM LOT SIZE). WHEREAS, Ron Asta represents the property owners of approximately 103 acres of land located within Section 25, Township 12 South, Range 12 East, as depicted on Exhibit "A", attached hereto and incorporated herein by this reference; and WHEREAS, the Marana Planning Commission held public hearings March 31, 2004, and at said meeting voted to recommend that the Town Council approve said rezone, adopting the recommended staff conditions; and WHEREAS, the Marana Town Council heard from representatives of the owner, staff and members of the public at the regular Town Council meeting held Apri120, 2004 and has determined that the rezoning is in conformity with the General Plan and should be approved, subject to conditions. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. The zoning of approximately 103 acres located within Section 25, Township 12 South, Range 12 East, on the south side of Cortaro Farms Road, east of Hartman Lane and west of Star Grass (the "Rezoning Area"), is hereby changed from Zones "R-144" (Single Family Residential, 144,000 sq. ft. minimum lot size) and "R-36" (Single Family Residential, 36,000 minimum lot size) to nine acres of "NC" (Neighborhood Commercial), sixty acres of "R-6 (Single Family Residential 6,000 sq. ft. minimum lot size) andthirty-four acres of "R-16 (Single Family Residential 16,000 sq. ft. minimum lot size). Section 2. The purpose of this rezoning is to allow the use of the Rezoning Area for single family Marana Ordinance No. 2004.07 Page 1 of 4 detached homes and Neighborhood Commercial, subject to the following conditions, the violation of which shall be treated in the same manner as a violation of the Town of Marana Land Development Code (but which shall not cause a reversion of this rezoning ordinance): 1. Compliance with all provisions of the Town's codes, ordinances and policies of the General Plan as current at the time of any subsequent development, including, but not limited to, requirements for public improvements. 2. This rezoning is valid for five years from the date of Town Council approval; if the developer fails to have a final subdivision plat recorded prior to the five years the Town may initiate the necessary action to revert the property to the original zoning, upon action by the Town Council. 3. The ultimate development proposed by this rezoning shall be consistent with the adopted Development Agreement. 4. The applicant shall provide a direct connection from the south extension of Camino de Oeste to Pima Farms Road. This will provide access to a signalized intersection for the surrounding residents, at the extension of Camino de Oeste and Cortaro Farms Road. 5. The property owner shall not cause any lot split of any kind without the written consent of the Town of Marana. 6. No two-story construction shall be provided within three hundred (300) feet of Cortaro Farms Road on the north and along the westerly property line, as delineated in the site analysis and tentative development plan. 7. Building heights shall be restricted to 24' within the NC zone. 8. The proposed auto service station in NC zone shall require a conditional use permit. 9. The NC zoned property shall not be allowed to be developed at the R-6 standards. 10. Lots in the R-16 zone shall be limited to a maximum grading disturbance of ten thousand (10,000) square feet, as identified in the site analysis and tentative development plan. Dgring the platting process the necessary covenant shall be established to protect the natural open space, outside of the ten thousand square feet of grading area. 11. Custom lots that develop on 15 % or greater slopes shall comply with Marana's HDZ ordinance per Title 19 of the Marana Land Development Code. 12. The proposed grading limits of the custom lot area shall be clustered into the best, buildable site areas that preserve as much connective high resource value habitat as possible. Individual Native Plant Permits shall be required for the R-16 zoned lots, to protect and preserve the high resource vegetation. 13. All slope and drainage treatments shall be aesthetically designed and engineered (where necessary) to "naturalize" the built environment. The developer and custom lot owner shall mitigate drainage improvements and slopes with vegetation, natural rock, riprap, textures, and colors characteristic of the natural, onsite desert environment to minimize the negative interface between the built environment and the natural environment. Marana Ordinance No. 2004.07 Page 2 of 4 14. The west fifty foot (50') buffer along Oshrin Park shall be designed with a minimum fourteen foot (14') pathway, for vehicle and pedestrian users, and an equestrian path along the west side of the CMID irrigation easement In addition the area east of the CMID channel shall be revegetated with desert plants and cacti that are transplanted from the site. 15. The required vegetation invey shall specifically locate high-density saguaro, ironwood and palo verde communities and specimen multi-armed saguaro's and ironwood and palo verde trees that are. over fifteen feet in height. 16. The layout adjustments shall be driven by preservation of mature multi-armed saguaros with a minimum thirty foot (30') circumference of preserved under-story vegetation. 17. All of the saguaro spears of 14' and less shall be preserved in place or transplanted onsite or into Marana's existing parks, community centers, or natural preserve areas. 18. A minimum of seventy-five percent (75 %) of the 20'-30' ironwood trees shall be preserved in place or transplanted onsite or into Marana's existing parks, community centers, or natural preserve areas. 19. At the time that the local roads are staked the applicant shall retain a biologist to be onsite to protect valuable habitat and specimen trees where possible and determine the primary do not disturb areas based on vegetation coverage and habitat. 20. No approval, permit or authorization of the Town of Marana authorizes the applicant and/or the landowner to violate any applicable federal or state laws or regulations, or relieves the applicant and/or the landowner from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. You are advised to retain appropriate expert and/or consult with the appropriate federal and state agencies to determine any action necessary to assure compliance with applicable laws and regulations. 21. The applicant shall dedicate, or cause to have dedicated, the additional right-of--way along Cortaro Farms Road to meet the required 150-foot right-of--way for Cortaro Farms Road. 22. A water service agreement and a master water plan shall be submitted, by the applicant; and accepted by the Utilities Director prior to the approval of the first plat, by the Town Council. 23. The applicant shall work with the Cortaro-Marana Irrigation District (CMID) to maintain the necessary irrigation system and well sites to perpetuate the ability for CMID to have their users irrigate as necessary. 24. The applicant shall develop a reclaimed water irrigation system, dedicated to the Town, to distribute irrigation water to each individual lot and recreation areas within this development. 25. A sewer service agreement and master sewer plan shall be submitted, by the Developer, and accepted by Pima County Wastewater Management and the Town Engineer prior to the approval of the first plat by the Town Council. 26. Conservation easements for each lot and along open space corridors shall be recorded by final plat. Marana Ordinance No. 2004.07 Page 3 of 4 28. The applicant shall include detailed residential and commercial design guidelines with the first preliminary plat or development plan submittal. 29. Where applicable, in the R-6 zoned area a wrought iron view fence shall be constructed on top of the drainage stem wall for a combined maximum height not to exceed 6', in the open space corridor. In the R-16 zone to.encourage wildlife migration the additional view fencing on top of the drainage stem wall will nqt be allowed. 30. The applicant shall not receive a Certificate of Occupancy from the Town of Marana until the improvements to Cortaro Farms Road are in place. 31. The applicant shall modify the street sections to provide sidewalks on both sides of the local streets in the R-6 residential area.. Sidewalks on one side of the street may be acceptable for the lower density (R-16) residential area, subject to review and approval of the Town. Section 3. All Ordinances, Resolutions and Motions and parts of Ordinances, Resolutions, and Motions of the Marana Town Council in conflict with the provisions of this Ordinance are hereby repealed, effective as of the effective date of Ordinance No. 2004.07. Section 4: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 20`h day of April, 2004. Mayor BOBBY SUTTON, JR. ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney • Marana Ordinance No. 2004.07 Page 4 of 4 G4/14/2004 11:44 PA?; 1 X20 ~4~ 1003 CP"c CONS~!LTANTS ~ 002/005 EXH_I BIT A LEGAL DESCRIPTION WfLLOFT'RIDGE RE20NZNG ASSESSORS TAX PARCELS: 221-15-023A, 221-15-023B, 221-16-026B, & 221-16-026C TrIREE PARCELS OF LA'~tD BEING A PORTION OF Tim NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTIO?~' 25; TOWNSiIP 12 SOUTH, RANGE 12 EAST, GILA Ati~ SALT RIVER MERIDLAN, PIMA COtTNTY, ARIZO'_rTA, MORE P.ARTICUlARi.Y DESCRIBED AS FOLi,OWS: R-6 PARCEL COMMENCING AT THE WEST QUARTER CORNER OF 5 AID SECTION 25, SAID POINT ALSO BEL~'G ON THE CENTERLIt~~ OF RIGHT-OF-WAY OF CORTARO FARMS ROADWAY :4S RECORDED IN BOOK Z OF ROAD MAPS AT PAGE 123, RECORDS OF PIM.a COLTrTY, ARIZONA; THENCE CONTINUL'~iG ALONG SAID CENTERLINE N 89°40' 19" E, A DISTANCE OF 677.09 FEET TO THE POL~'T OF BEGLNNING; THENCE CONTINULNG N 89°40' 19" E, ALONG SAID CENTERLLNE, A DISTANCE OF 1473.83 FEET; THENCE DEPARTING SAID CENTERLL~~L, S 00°14'26" W, A DISTANCE OF 446,74 FEET; THENCE N 89°40'41" E, A DISTANCE OF 495.08 FEET; THENCE S 00°27'28" E, A DISTANCE OF 871.10 FEET; THENCE S 00°32'28" E, A DISTANCE OF 1256.41 FEET; THENCE'~T 40°50'17" W, A DISTANCE OF 1153.00 FEET; THENCE N 57°40'37" Vv, A DISTA~tCE OF'S3.00 FEET; THENCE N 66°04'39" W; A DISTANCE OF 117.12 FEET; Th'ENCB N 00°37'38" E, A DISTANCE OF 30.?3 FEET; THENCE N 89°38'57" E, A DISTANCE OF 99.40 FEET; THENCE N 00°39'32" W, A DISTA~~TCE OF 99.88 FEET; THENCE S 89°32'06" W, A DISTANCE OF 99.51 FEET; P:Uobe\129 VSi11ow Ridge~surv~y\W ill°w R[dge ELazoniag LeaB! Descr:~tio:i•doc 1 G4/14/2004 11:44 PAX 1 520 34~ 7003 CPc CONSULTANTS • THENCE r 00°41'42" W, A DISTANCE OF 98.00 FEET; THENCE N 42°33 `37" W, A DISTANCE OF 330.00 FEET; THENCE N ? 9° i 3' S2" W, A DISTANCE OF Z 16.34 FEET; THENCE N 16°29'05" Vd, A DISTANCE OF 449.58 FEET; THENCE T' 38°43'35" W, A DISTANCE OF 260.59 FEET; OC3/005 THENCE N 00°19'54" W, A DISTANCE OF 75.00 FEET TO THE POIr'T OF BEGIN?~ZNG. EXCEPT A'~Y PORTION LYLNG WITE~T SAID CORTARO ROAD RIGk'T-OF-V~'AY AS TT CURRENTLY EXISTS. SAID PARCEL CONTAINLNG 60.8 ACRES, MORE OR LESS. NC Pt1RCEL COMMENCING AT THE WEST QUARTER CORlv'BR OF SAID SECTION 25, SAID POINT ALSO BEL'~1G ON T'HE CENTERLL~IE OF RIGHT-OF-WAY OF CORTARO FARMS ROADWAY A5 RECORDED IN BOOK 2 OF ROAD MAPS AT PAGE 123, RECORDS OF PIMA COLTT'TY, ARIZONA; • THENCE CO\'TINULNG ALONG SAID CENTERLINE N 89°40' 19" E, A DISTANCE OF 2150.92 FEET TO THE POINT OF BEGI~'NING; THENCE DEPARTING' SAID CENTERLINE, S 00°14'26" W, A DISTANCE OF 446.74 FEET; THENCE N 89°40'41" E, A DISTANCE OF 495.08 FEET; THENCE N 72°59'39" E, A DISTANCE OF 453.88 FEET; THENCE N 00°39'06" E, A DISTANCE OF 60.00 FEET; THENCE S 89°4S'35" E, A DISTANCE OF 180.10 FEET; THENCE NT 00° 18' 17" E, A DISTANCE OF 258 ~ 5 FEET TO A POINT ON THE CENTERLII~Z OF SAID CORTARO ROAD RIGHT-OF-WAY; THENCE CONTINUE ALONG S.~ID CEN'T'ERLINES 89°40' 11" W, A DISTANCE OF 622.44 FEET; THENCE CONTIlv'[7E ALONG SAID CEI~TTERLINE S 89°40' 19" W, A DiSTA~1CE OF .493.75 FEET TO THE POINT OF BEGINNIl~TG. P:Vob51iZ9 91il1o~+• Rid$el~urny~Wiltow Ridge Rrrsoniag Legal Deacription.doc 2 - 04/14/2004 11:44 FAX 1 520 545 7003 CPr CONSULTANTS I~J004/005 • EXCEPT AMY FORTIOI`' LYING WZTHII~' SAID CORTARO ROAD RIGHT-OF-WAY AS IT CURRE?~TLY EXISTS. SAID PARCEL CONTALNL'~IG 9.7 ACRES, MORE OR LESS. R-16 RAR eEL COMMENC~TG AT THE WEST QUARTER COR1vER OF SAID SECTION 28, SAID POINT ALSO BEL\~G ON THE CENTERLL?v~ OF RIGHT-OF-WAY OF CORTARO FARMS ROADWAY AS RECORDED I1~T BOOK 2 OF ROAD MAPS AT PAGE ? 23, RECORDS OF ALMA COUI~'TY, ARIZONA; THENCE COI~Z'L'~~tJTNG ALONG SAID CENTERLINE N 89°40' 19" E, A DISTANCE OF 2644.67 FEET TO THE POLN'T OF BEGIlv^~tING; THENCE N 89°40' 1 lE" ALONG SAID CENTERLINE, A DISTANCE OF 622.44 FEET; :ONCE DEPARTING SAID CENTERLINE, S 00°18'17" VV, A DISTANCE OF 74.94 FEET TO THE POUT OF BEGINNIriG; THENCE CO\'TLNL7E S 00°18' 17" W, A DISTANCE OF 183.41 FEET; • THENCE 1` 8S°4S' 35" W, A DISTANCE OF 180.10 FEET; Ti~NCE S 00°39'06" W, A DISTANCE OF 60,00 FEET; THENCE S 72°59'39" W, A DISTANCE OF 453,88 FEET; T'rTENCE S 00°2 i'28" E, A DISTANCE OF 871.10 FEET; THENCE N 89°33'46" E, A DISTANCE OF 1323.73 FEET; THENCE N 00°32'31", A DISTA~tCE OF 1250.77 FEET; THENCE S 89°40'S1" W, A DISTANCE OF 700.90 FEET TO THE POII~'T OF BEGLNNING. EXCEPT ANY PORTION LYING WITHIN SAID CORT_4R0 ROAD RIGHT-OF•WAY AS 1'T CURRF~'TLY EXISTS. SAID PARCEL COIrT'TAINIlv`G 34.1 ACRES, MORE OR LESS. r1 LJ P:Uobs1129 Wiiiow Ridpeleurny1Wi11ow R1dge Rezoning Legal Descriptia®.doc 3 04/14/2004 11:45 rA>; 1 520 545 7003 • • CFE CONSULTANTS l~j 005/005 C'J-- Z -Q 1 ~ ~~ ~~ 1260.77' jl~1~1.11~.1.~.fRlRtit.x.1.1.1^1^~.~^17•P~1~1~1RI~I NOO'3Z'3t'b' i~d ~~ i ~~~ ~i~ i ©b R~~~ C 1 --~ . ~ v, ~ '"~; ~~ ~ lrm $ ~~ he~ 2 ~ `~ ~ ~^ !~~ ~ ~ e '~ ~ N{ t ~rrc, ~ ~r1 i ~ p 14 ~ N ~~ ~~ ` O ~ !~ ~ ii 'fir sue. ~ 'Z I 1258.4 t ' 1~1~~~1~1~1~1i~iia~ila>.IrIR1.111isi.~.~~yl~l~l~l~m~l^lwl~l~l~l~l~l~lw~ul!•1~ ~r; ,~ ~, SVJD'27'28 a SOO'32'28~' d ~~~ ~ ~~+ 3~ ~'! 4~ ~~~ C'~ t ~ ~ N.8Z,3~t.O0S t1 IRIRIlI~1~'1~1~1 44 ~ ~fL ~f V a i ~ Cf ~ I ~~ ~L ~V, Y ~ F ~ ~ ~ ~~~ ~ ~~ ~ E o ~~ ~ w ~ x ~ lb I-; z ~N~ ~ ~~ 4 ~ N F. j ~~ ~ Q / ~ ~ M O~ t ~ ~~~'~5'w ~ ~ U N~~Zg (~ ~ ' ~-~ ~~ N~ ~ N ~ Z ~ w~ co ~ o~ ~~ W ~i,~~ 10~ ~~ N~ i U`d ~ ~~ z w..~.R.. Willow Ridge Rezone CASE NO. PCZ-03142 Cortaro Ranch l> ~ -D Oshrin Park f ~' •~ _ ~ ~,~ ',,, . ,~ Subject Propel N 300 0 300 600 Feet A Data Dlsctafiner Ths Town of Marana provides gds map Information "As Is" at the request of the user with the understanding that h is not puaromeed to be aecwate, conect or complete and conclusions drawn from such informaton art the resooreiblgty of the user. M no event shah The Town of Manna become Uable to users of these data, or any other party. for anykss or direct, Indirect, special, incidental or consequengal damages, arcluding but not limited to time, money or goadwlN, arising from the usa or modlneatbn of the data. REQUEST A request to change approximately 103 acres from the translational honing of R-144 and R-36 to 9-acres of NC, 60-acres of R-6 and 34-acres of R-16. The property is located along .the south side of Cortaro Farms Road, east of Hartman Lane and west of Star Grass. ~ ~'ITE ANALY~S'~S ~1NL- TEN~'~fi~T~E ~E~~LOPMEN~' PLAN ~ FOR ~' T~ILZOW RICE ~ ~- SR ~ S TO R_~~ R-b & NC • 102.97ACRES .LOCATED SOUTH SIDE OF CORTARO FARMS RD. ~ EAST & WEST OF CAMINO DE OESTE ALIGTTMENT SW4 & SE4 SEC 25 - 12S - 12E r Prepared By: ~ ASTA PLANNING & ZONING ~O. 3661 N. Campbell Ave., PMB 108 Tucson, Az. 85719-1527 520-319-0757 ~ CPE CONSULTANTS,. LLC * 15.55 E. Broadway Tucson, Az. 85719 520-.545-7001 ,~ December 23, 2003 ~ Revised February 23, 2004 Revised ll~arch 22, 2004 • CA;~'E #PCZ-03142 • ~~ TABLE OF CONTENTS PART I -INVENTORY & ANALYSIS REQUIREMENTS PAGE I.A. Existing Land Uses 1 1. Site Location i 2. Existing Land Uses 1 3 . Adjacent Property (1 /4 mile) 1 4. Well Sites 2 LB. Topography 2 1. Topographic Characteristics 2 2. Average Cross Slope 6 LC. Hydrology 8 1. Offsite Watersheds 8 2. Significant Offsite Features 8 3. Upstream Offsite Watershed 9 4. Characteristics of Onsite Hydrology 9 5. Existing Drainage Conditions along the Downstream Property Boundary 10 LD. Vegetation 16 1. Vegetation Communities & Plant Associations 16 2. Vegetation Densities 17 LE. Wildlife 20 1. Biological Evaluation 20 2. Arizona Game & Fish Dept. Letter 23 - 29 I.F. Viewsheds 30 1. From Adjacent Prop_ erties 30 2. Site Visibility 30 L G. Traffic 36 1. Existing Access & R/W 36 2. Intersections 3 8 3. Alternate Modes 39 4. Current Traffic Volumes & LOS 39 5. Roadway Improvements 40 LH. Recreation and Trails 42 I.I. Cultural/Archaelogical/ I~is_toric Resources 44 LJ Composite Nlap 46 PART II -LAND USE PROPOSAL PAGE II.A. Project Overview 47 II.B. Tentative Development Plan 50 II. C. Existing Land Uses 51 1. Zoning Boundaries/ Existing Land Uses 51 2. Land Use Impacts 51 ILD. Topography 57 1. Topographic Characteristics' Response 57 2. 15% Slopes' Encroachment 58 3. New Cross Slopes 58 ILE. HYDROLOGY 65 S 1. TDP Response to Part I Hydrological • Characteristics 65 2. Encroachment/ Modification of Drainage Patterns 65 3. Potential Drainage Impacts to Offsite ~ Land Uses 67 4. Engineering and Design Features Addressing Drainage Problems 67 5. TPD Conformance to Area Plans, Basin Management Plans and Town Policies 69 II.F. VEGETATION 71 ~ 1. Response to Vegetation Density 71 2. Recommended Mitigation Measures 71 ~ II. G. WILDLIFE 73 ~ ILH. VIEWSHEDS 74 ~ 1. VisualImpact 74 ILI. TRAFFIC 75 S Access 75 ~ Site Traffic 75 • Future Traffic Volumes & Distribution 75 ~ Intersection Volumes 75 External Roadways 75 Internal Roadways 76 Site Traffic Mitigation 76 r ~ II..I. PUBLIC UTILITIES 77 i • r r i i M ILK. PUBLIC SERVICE IMPACTS 78 1. Police, Fire & Sanitary Pick-up 78 2. Schools & Parks 79 ILL. RECREATIONAND TRAILS 80 1. On-site Recreation 80 2. Ownership 80 3. Off-site Trail Access 80 ILM. -CULTURAL RESOURCES 81 1. Protection of Existing Resources 81 2. Archaeological Survey 81 3. Human Burials & Associated Grave Goods 82 MAPS & EXHIBITS PART I -INVENTORY & ANALYSIS REQUIREMENT PAGE I.A. l Regional Map 3 I.A.2 Existing Land Uses On-Site 4 I.A.314 Existing Land Uses & Zoning within 1/4 Mile 5 I.B.1 Existing Topography 7 LC.1 Offsite Watershed Perimeter w/USGS 11 I.C.1 a. Offsite Watershed Perimeter w/Aerial 12 I.C.lb Additional Concentration Points Per Roadway Plans 13 LC.2 Offsite Drainageway Cross- Sections 14 I.C.4 Onsite Hydrology 15 LD.1 Vegetation Communities 18 I.D.2 Vegetation Density 19 LF. l a - LF. l d Viewsheds 31 - 34 LF.2 Visibility ~ 35 I:G.1 Project Setting 36 I:G.2 Regional Transportation System 37 I:G.3 Roadway Inventory 3 8 I~G.4 Existing Right-of--Way 38 LG.S Cortaro Farms & Camino De Oeste Intersection 39 1pG.6 Current Roadway Performance 40 I:~.7 Proposed Improvements 40 I.H.l Existing Recreation 43 LJ. Composite Map 46. PART II -LAND USE PROPOSAL ILB. Tentative Development Plan II.B.l TDP Commercial Site -West ILB.2 TDP Commercial Site -East IIB.3 TDP 15% Slope Encroachment Commercial Grading Section -East II.C.1 Zoning Boundaries ILD.I Preliminary Grading Plan II.D. l a Grading Cross Section A - A II.D.Ib Grading Cross Section B - B ILD.1 c Preliminary Grading Plan ILD. l d 15% Slope Encroachment Custom Lot Grading Section ILD.2 15% Slope Encroachment Map II.E.3 Potential Offsite Drainage Impacts II.E.4 Design Features II.I.I Estimated Roadway Performance II.J.l Existing Sewers PAGE 52 53 54 55 56 59 60 61 62 63 64 68 70 76 77.B. Part I Inventory & Analysis Requirements LA. EXISTING LAND USES 1. Site Loeation This site is located on the south side of Cortaro Farms Rd., east & west of the Camino De Oeste alignment. The property contains 4 parcels positioned in the SW4 & SE4 of Sec. 25- 12S-12E. Exhibit I.A.1. maps this site in a regional context. 2. Existing Land Uses Three of the 4 parcels are unimproved. One parcel contains 2 residences. See Exhibit I.A.2. 3. Adjacent Property (I/4 mile) a. Zonin~• North: R-8, C, SR & CR-4. South and West: SH. East: SR & CR-5. Please refer to Exhibit LA.3/4. SR & SH will be translated to R-144 & R-36 upon annexation. b. Existing Land Use. This property is bordered on the north by Cortaro Farms Rd., Cortaro Ranch subdivision, a QWEST building, Desert Son Community Church, 9 custom homes and Sunset Point subdivision. The south and west are bordered by 2 mobile home subdivisions: Herbert Terrace and Oshrin Park. The East is bordered by Tucson Community Church, unimproved property, and Country Highlands subdivision. See Exhibit LA.3/ 4. c. Number of Stories. Mix of 1 & 2 story residences. /• d. Pending Rezonings e. Conditional Rezonings None. f. Subdivision/ Development Plans Approved None other than those 5 already developed. g. Architectural Styles A mix of mobile homes, custom homes and tract housing. 4. Well Sites (100') A municipal well exists across Cortaro Farms Rd. and another on the west boundary. See Exhibit I.A.3/4. I.B. TOPOGRAPHY 1. Topographic Characteristics Exhibit LB. l maps the 2' contour lines. On the west side of the Camino De Oeste alignment, the site generally slopes northeast to southwest except for the areas in and along several minor washes. The only significant high points are along the northern edge of the property where the site abuts Cortaro Farms Rd. Low points are found in the washes and along the western edge of the property. The property drops about 60' from Cortaro Farms to Pima Farms Rd. On the east side of the Camino De Oeste alignment, the site also generally slopes northeast to southwest except there are several plateaus separated by well-defined washes with slopes exceeding 15%. High points are located along the northern edge of the property where the site abuts Cortaro Farms Rd. z• w i i ~ C ~ o ~, J ~ C N ~ p~ ~ ~ ~ .o ° - Q ~ O ~ am ~ ~ o o F _ ~' v~ 3 ~ ~ c L N ~ 2 .N ap o ~ = ~WOn ~ ~~__ W W ~ ~ ~ Q ''~~o ~ j ~~cn~ o ZOOZ oioydoy~0 JVd 4• W Q N Z O za C7 Z N~ W Q O .j, Z ap Z 0' Na ~ W z XV N}W W ~ a a~ wQ o~ za ~ _ `° ~ N i t0 V ~ • L ~ r C J ~ aogQ N ~ O M ~ ~ o a~ . o m C Q ~ ~ 'a a~~U~c o m~ ~ ` ca rn' ~ co w ~ _ w~ f~l~ ~ _ ~ w. o x ~ y ~ ^C CC ~ C >> >OaN ~ Nm dQ ~ N ~ co N ~ .v~ ~ ~ C i 0 ~ ~ fn W O ti °o w W ~ N n ~ a ~~ ° o z w a p ~ Z @z ; Q: E i ~. s~ s a. There are no restricted peaks and ridges on the site as identified in Section 18.61 of the Pima County Zoning Code. b. No rock outcrops exist on the site. c. There are slopes exceeding 15% along Cortaro Farms Rd. and primarily on the property east of the Camino De Oeste alignment. Refer again to Exhibit LB. 1. 2. Average Cross Slope The average cross slope is 8.02% calculated as follows: ACS = I x L x 0.0023 where I is contour interval, L is A length of contours, A is area of site, & 0.0023 is conversion factor from sq. ft. to acres Camino De Oeste west: ACS = 2' x 63,780' x 0.0023 64.56 acres ACS = 4.54% Camino De Oeste east ACS = 2' x 115,805 x 0.0023 38.41 acres ARCS = 13.86% 6• • • • • • :: °= o ~ L ` ~ a~0 `~ N O ° ~ m a r ~ d >~ i C~ ° _ m ~ m (n ~ o s fn O m • ~ L 'O -i to ~ ac ~ ,•~„ ~ y C o y ,c o E S ~, ~ O a 3 ~ c o r ~~ ~ ° ~ o ~ U ~ ~o U co w ~ Z ~ Z Q O ~_ G~ ~ - ~C ~ O ~ rnoao ~ .-. ch I o rnov ~ y ~ ~ ° ~ ~ W I- ~ J ~ v ~ m~ >>>~ n Q N Q W II Q> II ~ p n N ZOOZ o;oydoy3+0 JVd I.C. HYDROLOGY 1. Offsite Watersheds Upstream of the Willow Ridge project, there are four watersheds that are each large enough to generate a 100-year peak flow of more than 100 cfs. Concentration Point (CP) numbers 1 thru 4 are shown on Exhibit I.C.4 with their accompanying 100-year peak flows. These and other smaller watersheds convey flow in a southwesterly direction toward and thru the project to two constructed earthen channels along the southwest property line that convey flow in a northwesterly direction, one from CP 4 to CP 8 (offsite), the other from CP 9 to CP 10 (onsite, see Section I.C.S). From CP 8, flow is conveyed westerly in a constructed, well- drained earthen channel. From CP 10, flow is conveyed westerly in a nuisance-ponded frontage-road area along the south side of Cortaro Farms Road. Both of these flows run downstream from the project thru residential and roadway areas to an area just east of the Union Pacific Railroad where there is considerable retention/detention of stormwater runoff before it ultimately discharges into the Santa Cruz River. The perimeter of the overall offsite watershed upstream of the project is shown on Exhibits I.C.1, I.C.la, and I.C.Ib. All watersheds upstream and downstream of the project are within a critical basin. Plans for Cortaro Farms Road (90%, Pima County W.O. No. 4TCFIT) will be modified in conjunction with this project, primarily by lowering the design roadway profile about 5 feet to existing grade at Camino de Oeste (CP 2). A smaller box culvert with increased headwater depth will be designed there to extend into the project and daylight just south of a proposed commercial zone at the intersection. The roadway design and overall modifications thereto lead to consideration of additional offsite watersheds. Pertinent concentration points are shown on Exhibit I.C.lb. 100-year discharges for CP 12 thru CP 15 were taken directly from the Cortaro Farms Road plans. Q1~ = 740 cfs at CP 11 is extrapolated from Q25 = 481 cfs shown on the plans (0.65 factor). 2. Significant Offsite Features Flow-from CP 4 to CP 8 runs offsite adjacent to the project in a constructed earthen channel. This channel collects most of the offsite and onsite runoff, turns to the west at CP 8, and runs thru the middle of the Oshrin Park residential subdivision downstream of the Willow Ridge project. Research of Pima County Flood Control District's discharge maps and GIS/wash inventory maps did not reveal specific hydrologic design quantities. Planning files (Co9-70-39, Co12-71-6014) stated that additional H/H analysis maybe required for building permits, but no such analysis was found. The final plat states that 100-year flooding is to be limited to the dedicated drainageway. Thus record design flows appear to be unavailable. Estimates of the capacity of the drainageway near CP 8 (upstream and downstream) employed Manning's cross-sections based on field reconnaissance and PAG contour lines. The cross-sections are shown in Exhibit I.C.2 with their locations shown on Exhibit I.C.4. There are several detention/retentionbriins and drainage channels accompanying moderate- density single-family development upstream of the project. A small detention basin is located just north of CP 4 on Tucson Community Church property adjacent to and east of the project. A larger basin with an estimated capacity of eight acre-feet is located about 1000 feet upstream of CP 2 and disperses flow to CP 1 and CP 2. ~~ 3. Upstream Offsite Watersheds Peak flow analysis employed methodology in the Hydrology Manual for Engineering Design and Flood Plain Management within Pima County, Arizona. Peak flows listed below are preliminary estimates. because none of the upstream detention basins were considered in the analysis. Rather, the watersheds were analyzed as though they were in pre-development condition. This probably means that the peak flows listed in the following table are conservatively high because the study area is designated as a critical basin and, as such, development within the area normally yields an outlet flow of 90% of the pre-development inflow. Computer modeling of the upstream detention basins in a future drainage report to be prepared during the platting process for this project is likely to predict lower peak flows. Concentration Point No. 100-Year Peak Flow (cfs) Drainage Area (acres) 1 417 102 2 346 96 3 123 25 4 837 295 From field reconnaissance and topographic mapping, it is apparent that most of the flow at CP 4 is concentrated in Pima Farms Road and that the roadway section cannot contain the calculated 837 cfs. Quantifying what portion of this flow enters the offsite channel will require hydraulic analysis at CP 4 and along Pima Farms Road in a future drainage report. For the present, compare the calculated 837 cfs with the estimated capacity of the offsite earthen channel in Cross-Section X-X, upstream of CP 8 (539 cfs, Exhibit I.C.2). 4. Characteristics of Onsite Hydrology The 103-acre Willow Ridge project consists of vacant land except for two or three residences just east of the Camino de Oeste alignment. The hydrologic soil group is 100% B. The hydrologic cover density is fair to good, increasing in the higher elevations. Onsite watersheds slope in a southwesterly direction at approximately three percent, and flow discharges into two earthen channels along the southwest property line. On Exhibit I.C.1; the blue drainage line that bisects the western portion of the project represents a 404-wash, but its actual location determined by field reconnaissance is within the 100-year floodplain boundaries between CP 2 and CP 7 that are shown on Exhibit LC.4. Development requirements to be implemented in the 404-wash are discussed in Part II of this report. The following items conform to the general outline given for this Section. a. 100-year floodplains for discharges of 50 cfs or greater are shown on Exhibit I.C.4. b. Although there are braided washes on the project, they are mostly well-defined and there are no areas of significant sheet flooding. c. There are no federally mapped floodways or floodplains within the project. The FEMA designation for the property is Zone X which is "area determined to be outside the 500-year floodplain." d. 100-year peak discharges exceeding 50 cfs are summarized in the following table. Peak flow analysis employed methodology described in the first paragraph of Section I.C.3. Concentration Point No. 100-Year Peak Flow (cfs) Drainage Area (acres) 5 124 28 6 194 46 7 344 110 8 1284 514 9 385 104 10 325 117 5. Existing Drainage Conditions along the Downstream Property Boundary All runoff from the project and upstream watersheds flows into one of the two constructed channels along the southwest property line. The offsite channel from CP 4 to CP 8 is described in the first paragraph of Section I.C.2. The channel from CP 9 to CP 10 is within the project boundary. During the 100-year event, most of the runoff from CP 1 to CP 9 breaks out of the natural channel and flows toward CP 10. More frequent events split at CP 9 "about 50-50" according to the property owner of 26 years living immediately southwest of CP 9. CP 9 is actually a high point, with sandbars running from the main natural channel north about 75 feet toward CP 10 and south about 25 feet toward CP 8. For the purposes of Part I.C of this report, it is assumed that all of the 100- yearpeak flow in this area concentrates at CP 10 (note the attenuated flow from CP 1 to CP 9 to CP 10). Presently, the Cortaro Farms Road plans do not account for Qioo = 325 cfs at CP 10. Preliminary discussion of design alternatives to disperse this flow in conjunction with the development of Willow Ridge is found in Part II.E of this report. ~o• W j ~ ~~,,~~rr ~~ ~ to • 'i p ~ .C ~ ~ ~ •~ W d ~ Q. '~r ~ J ~ .~ O in 7~'0 N W ~ ' ~ ~ -0. . ~ •.+ Q. m 0 :ta N ~ o ~ ~~~ r •- ~ Q. ~ I O y ~ u u s e r "' is ~p z a _~ o: 4 1~• s • • • • • • • • • i • s ~ ~ S ~„ N ~ .~r~ r ~ v L (~ 43 ~ N N C r O ~ ~ •~ ~ ~ ~ ~ m ~ o `~ a0 ~ ~L O N ~ ~~ ~ g K •'~ ~ ~.. '~ «. ®. mm ~.~ ~~_ t f b u 1'~'y `' ~~, ~,~~. ',.. ~` ,.s <r,~; , ~ ai'~ ~ ` #'' 4Y { ~y,+~,~i S~"~qD M,~„=+` ~ .~q~~,. Y ., .^`'~ ~ {`i4_ 4{' ~ ~.b ~ ~ ~~yr'.{. ~ «« _ x '0'1- ~i4 ~~i=034.+ i# ~~~~ ~` i ~ci ~r..,l i, ~ •.-. ~~, f~ ,.1 • I ~~ `H , ~ ~ ~ 4: x, hr' ~ „ -S ° . 5?Ci«~ it ~ 4 ` + ~ r I ~~~ ~ ~ a ++ . ~ ~ s r,• `t,. ~ a:' ~ ~ ad..~ s .s: '. '~- ~ r ~ Y i~yj.. '84 ¢, 4! i f ='x ~> Vin- ,_~ y ~ iti f ~ _ ~~, y"qk ~ -Tip t J~ 1~~ 1F. F ~ '{ .''f f } _ ,~~y~n~ J - +a ,~~t ~ ~• Y' 3nY' t ax..d ~ .'4'IC~a'+AV .t ~~nv fl '..o Ey'~`°~H:- ec ~':t f l k f ~t V~ ~ ~ iw y~ ~i.. - }~ ~~~ ~ } b.~1ai ~L~ ~j~ 7'rM vY i ~ ~ -~ i Q~ ~ ~ ~* s ~~. ~ r:a. '1~'~ ~ x ^f Y`y` ° .~"f i Y~.. 4, ~' t-~' '~ t' ~~"~" ~~• :psi ~~.L g~`'~'~lf~+ ~¢" 't 1. 9 d" u~~. ~ ~t fir. , { ,w ,.X, !:;si t i ~ .l-' ~ 'R S ~_ ~ 4 -~+. i s~ ~~ ~,- 'Vi'e x~ M t v .. ~ rn 2 .- '+f k - •... 1 c n ~S rt St. ~. •. ~ ~ Y ~ ~,,. it "!"'^"" } ~ f, t'x~~ ~ ~ ~~ 3 iT~ U~ W- ~ ''. ~' ~~ i ti r µri .~~ ~~h ~ '7A- ; „ k.. ,~V..,_ 1 X -,tip. Y ~ %• F R~~i~ '~ 9 `~ ~~3R. ~y,`[~ ~~jg,t f ~ .~ ~F 'N ~ p~ ..#^1 1 T ?~.~ a .. ~~ ~ 4. ".~".~. t~ay~7,ti; ~'A.. i1,~J ~ ~ +, s:., ~ ~ x r~~.,~ i f``~„_`,,y ~p ~,,~. '~y,e ~„E:F j"v~PP~"'.~,,,~ ~ ~ :~~ «~ s 1F~''v~,Ml~llk~~1~'i1~1~MF ICJ ~~1~`., ',~~,~ tet'A, rvir..'3+ rsy~~~~,r,~ rr ~ ~D n~ '~. ~ ~ ~ ~~ ~ ~ 1 L a o ' r ~ s ~ < < s ~ `~`, ''~ ~ "~ ~~~8 `gyp ~OtlttU~ ' - ~ ~ f jr`-'Yi ~ ,~. ' ;r ~~,~~.';ry+~.~:-: . ~'Y . -~ 'mil i'i v~ ~ 1 -, ~. ~t++.. }~ }~ '} L l .'S ~ '. ~ J f ~ k#y 2 1'^, '~({y ~~f ~~~'j7v~~r`sa,~ ky) :.i 1-. ,;~_ ,,' _a y ~ ~ ,.~ ~ ~.~ +.: Ass a QTY. 4 { ~ ~fia +y~ ~.. 4 ~ i y*; ~ °W ~~ ~i bay. l; ~~f ~y~r t~ S ~~~ 3 ~' ~ 4 ~ *~~~`. i ~t ~~~~~~` t ~y~, , • • i i • • i i • • • s • i ~ . ~ ~: K W ~ = :° ^~ ~ Q ~ L c a~ V ~ c~ L ~ a. ~ }~ ~ a ~ co 3 /~ ~ ~ ~ a ~ ~ - J m s c r cYo w E~ ~ C U } U .~ ~ .o 0 C 0 .o o N o d0 am Ua~o 0 I ~ N Z ~~~ i 2 L * r JR i j ~ e d N ~~ ..~ ~ ,: ~+ ~ t N ~; ~ ,~ ~ ,- + --- .: .,.. ~ ~.-r~ - ~ - ~ . ~ ; -_ _ N ~~._ A ~ t h h ~ ~ (..~ ~ • C.~ p ... > a ~J J~Q . ~ ~ ~ ~ .. .. ~ , • _ ~ _ ~ ~ ~ e ,' ~_ ~ ~ ) ~LL '~ k ti ~ is h ~ '~ ~ ~ l . ~ ~ ~ l 1 ~~ ~ ~ ~~ ( ~. _ ~ ~.. , as ap ap ouwe~ ~ .. ~'''`: ~ ~ ~ ~ f _ `a . = .~. ! w ~) " _ w~ t ~ ~ + ~t - / / ~ -: / i w ~ \ 1 ~. `...r- ~,,µ ' s a _ ~~ s } ~~ OSHRIN PARK R 50' WILLOW EXHIBIT I.C.2 RIDGE OFFSITE R DRAINAGEWAY I CROSS-SECTIONS 30' I DRAINAGEWAY ' ACCESS ESMT. ~ 10' 40' I 4 2.5' D CAPACITY W.S.E. / A = 75.00 SQ. FT. P= 40.62 FT n = 0.022 S = 0.5% Q = 539 CFS V = 7.19 FT/SEC F = 0.93 SECTION X X NTS FLOW DIMENSIONS ARE APPROX. SEE EXHIBIT I.C.4 FOR LOCATION. R 16' S0' R OSHRIN ACCESS DRAINAGEWAY OSHRIN PARK 14' S2' PARK SECTION Y-Y NTS FLOW DIMENSIONS ARE APPROX. SEE EXHIBIT I.C.4 FOR LOCATION. ;APACITY W.S.E. ~ = 152.07 SQ. P=53.40 FT n = 0.022 S = 0.8% FT. Q = 1846 CFS V = 12.14 FT/SEC F = 1.25 ~ pC~ cor:;u~Tr.NTS ENGINEERING CPE Consultants, t_lC ? l f. N N I N G 1555 fJl$T BROADWAY SURVEYING ~~~ AIUZONA 85719 52Q5~5.7001 ly 0 0 ` ~ ~ Y 3 d ^ G~ C d ~ U ' y" c0 V 4; O a NQ"o >- a~iZ~~ ~ ~~ am ca .~-. ~r , ~ O ~ ~ o c Q ~ 0 ~ ~ ~ () ~ Q y O ~ ~ o ~ 4 ~ (/~ L 3 C .-gym Ua~~ y-, o '' ^ ~ s u ~ w 0 2 ~ °' J I " a ' ~ Q U fV ~ n o ~~a a IS• ZOOZ o~oydoy~p pyd LD. VEGETATION 1. Vegetation Communities and Plant Associations Westland Resources, Inc. completed a biological evaluation of the subject property in November 2003. Aerial photographs of the area were reviewed and two field technicians conducted pedestrian surveys on November 17 and 24 to identify vegetation and wildlife habitat occurring on the subject property. During these surveys dominant vegetation was noted and any obvious patches of dense stands of vegetation such as saguaro cactus and tree species were recorded for potential mapping purposes. Results of the pedestrian surveys indicate vegetation on the property is characterized as belonging to the Arizona upland subdivision of the Sonoran desertscrub biotic community (Brown 1994)(Exhibit LD.l). More specifically, dominant vegetation is characteristic of the palo verde-cacti-mixed scrub series of this biotic subdivision that is represented by leguminous tree, columnar cacti, and shrub species (Brown 1994): Vegetation on the western boundary of property is comprised of prickly pear and cholla (Opuntia sp.) cacti with almost pure stands of cholla noted in some areas. Two tree species, ironwood and palo verde (foothills and blue), are co-dominant across the majority of the property and appear to be evenly distributed. Dominant shrub species include triangle leaf bursage (Ambrosia deltoidea), burrow bush , (Isocoma tenuisecta) and creosote bush (Larrea tridentata). Saguaro cactus densities vary across the property ranging from zero per acre to 30 or more plants per acre in some areas. Vegetation along small ephemeral drainages that traverse the property is not noticeably dissimilar from surrounding uplands. The property does not contain any perennial or intermittent surface water sources nor any riparian or xeroriparian habitat. A list of dominant plants noted across the site is provided in Table I.D.1. TABLE LD.1. DOMINANT PLANT SPECIES OBSERVED ON THE SUBJECT PROPERTY COMMON NAME SPECIES COMMON NAME SPECIES Chain fruit cholla Opuntia fulgida Ironwood Olneya tesota Sta horn cholla Opuntia Versicolor Trian le leaf bursage Ambrosia deltoidea Prickl ear cactus Opuntia sp. Desert hackbe cletispallida Hed e hog cactus Echinocereus sp. White thorn acacia Acacoa constricta Fish hook barrel cactus Ferocactus wislizenii Limber bush Jatropha cardiophylla Fish hooktncushion cactus Mammillaria microcarpa Velvet mes uite Proso is. velutina Sa uaro cactus Carnegiea gigantea Cat claw acacia Acacia e ii Christmas cholla Opunita leptocaulis Can on ra weed Ambrosia ambrosioides Gre thorn Zizi hus obtusi olia Cheese weed Hyminoclea salsola Foothills alo verde Cercidium microphyllum Burrow bush Isocoma tenuisecta Blue alo verde Cercidium oridum Creosote bush Larrea tridentata A detailed inventory of high-density Saguaro communities and areas of high~lensity stands of mature ironwood and palo verde trees has not been prepared as part of the rezoning application. As part of the preparation of the tentative and final plat, an inventory of saguaros, palo verde, and ironwoods will be conducted. To the extent possible, specimen trees and saguaros will be preserved in place. This may entail encroachment into areas within the tree drip line or within 30' of large specimen saguaros. Salvageable plants will be transplanted on site for use in common. area landscapes and to enhance Natural Open Space. Plants that cannot be preserved in place or salvaged for use in common areas of the project will be made available for use in Marana's existing parks, community centers, or natural preserve areas. ~`• Washes on. the subject property are ephemeral in nature and several Have been altered to channelize and rapidly move drainage from roads and adjacent developments through or around the subject property. Although a number of ephemeral washes traverse the site, vegetation along these drainages is not noticeably dissimilar from surrounding uplands. Therefore, the vegetation found along these drainages cannot be characterized as xeroriparian or riparian habitat. Review of the Pima County Mapguide Website confirms that no xeroriparian or riparian habitat is located on the property. The closest mapped riparian habitat that scores 154 on the Harris Riparian Model occurs southeast of the subject property adjacent to the Country Highlands subdivision. The subject property has some areas of relatively significant surface disturbance due to past clearing and grading activities, storm water control activities, and off highway vehicle use(Exhibit LD.2). During the field survey ATV tracks were found throughout portions of the property both on and off existing trails. 2. Vegetation densities A quantitative estimate of vegetation canopy coverage was completed via the line intercept method using 50-meter transects. Field technicians analyzed eight vegetation transects placed at representative locations across the property. The general areas for placement of transects was determined on aerial photographs prior to conducting the fieldwork. Total vegetation coverage and the percentage of coverage by tree species was calculated for each transect. Vegetation density measured in the target areas ranges from 37% to 70.2% with an average of 52.6% coverage. The percentage of vegetation coverage related to tree species ranges from 3% to 38% with an average coverage of 21.7% for the properly. Results of the vegetation analysis for each transect are summarized in Table I.D.2 below. Exhibit I.D.2 shows the general vegetation density on the subject property. TABLE LD.2. PERCENT VEGETATION COVERAGE MEASURED IN TARGET AREAS ACROSS THE SUBJECT PROPERTY. Transeet Total Percent V etation Covera a Percent Covera a of Tree S eeies 1 49.4 21.4 2 51.4 15.4 3 53.4 18.2 4 68 3 8.4 5 37 3.0 6 42.2 6.2 7 49.6 30.2 8 70.2 41 Avera a 52.6 21.7 i~ [~ z O cc .. X Z O O W W M, ~O $S O O tt as v N ~~ ~ ro U ~ ~ ~ ~_EV `~ °` o 4/1 N R 'O i+ a~i u' ~ ~ a c c E' ~ ro o W O V ~ ,Q~ n J Vhf v 0 ~~~ I ~~; \. i ,~.¢?.~ W z-•~y a s ,~ ~~ ~~ ~ ~ s ~ ~ ! o ~ ~ a ~ a ~~ Ig. • 1.E. WILDLIFE 1. Biological Evaluation Table I.E.1 provides a list of wildlife species observed during field surveys of the subject property. TABLE I.E.1 WILDLIFE OBSERVEI? ON THE SUBJECT PROPERTY Common Name S ecies Moulin doves Zenaida macroura Sh -shined hawk Acci iter striatus Zebra tailed lizards Callisaurus draconoides Deserts in lizard Scetoporus magister lavalina Tayassu tajacu Co ate Canis latrans An initial screening analysis was completed to determine which federal and Town of Marana special- interest species have potential to occur on the subject property based on the presence of potentially suitable habitat. This initial screening analysis was accomplished through review of habitat descriptions and geographic ranges of species on the Pima County list of federal special-interest species, obtained from the U.S. Fish and Wildlife (USFWS} Internet Web Site and the Town of Marina's list of sensitive species, and site visits to evaluate potential of the property to support any of these listed species. Results of the screening analysis are provided in Table 1. E. l . Results of the analysis indicate that the lesser long-nosed bat and the cactus ferruginous pygmy-owl required further analysis due to the potential for the subject property to support these species life history requirements. A summary of WestLand's analysis of these two species and the Town of Marina listed species is provided below. Lesser long-nosed bat Westland is unaware of any records for the LLNB on or near the subject property, although the property contains saguaro cacti that would provide suitable forage during the early summer period when this species is in Arizona. We are also unaware of any suitable roost sites on or immediately adjacent to the property. Hoffineister (1986} reports a record of the species from approximately ZS miles northeast of the property, which is within the foraging range limit for this species.. Because of the species' ability to forage over long distances, it is possible that it may occasionally forage on or disperse through the subject property. While it is possible that the LLNB may occasionally forage in the project area, the distance of the subject property from known roost locations, coupled with the availability of suitable forage in closer proximity to known roost sites, makes the likelihood of adverse impacts (harm or harassment} extremely improbable. Further, the loss of potential forage plant species is partially mitigated by the native plant salvage program required by the Town of Marina. There are no foreseeable indirect or cumulative impacts to the LLNB likely to result from re-zoning or development of the Subject Property. Cactus Ferrtaginous Pygmy-owl (CFPO} A portion of the subject property is located in proposed critical habitat and recovery area and is within Survey Zone 1 for CFPO. Habitat components on the subject property are consistent with the known constituent element habitat for CFPO. Westland is unaware of any records of CFPO on the subject Zo. property. Surveys along Cortaro Farms Road conducted by Pima County in 2003 were negative for CFPO. In addition, CFPO surveys conducted on 4.9 acres located at the southeast corner of Camino de Neste and Cortaro Farms Road in 2001 were also negative. Surveys on the subject property will be conducted each year for this species according to recommended protocol. Western Burrowing Owl (WBO) WestLland Resources conducted a survey of areas on the subject properly likely to support WBO. These areas included the natural and manmade drainages features and areas likely to be utilized by WSO as nesting sites. No evidence of WB4 presence on the subject property was observed. IIi addition, recent surveys on the subject property conducted by AGFD were negative for the presence of WBO. Tucson Shovel-nose Snake The Tucson shovel-nosed snake occurs on valley floors below 2,200 feet in areas with sandy substrate. Much of its preferred habitat has been converted to agricultural use resulting in fragmentation into smaller patches. A habitat model developed by Pima County rates the subject property as having a low potential to support the Tucson shovel-nosed snake and fieldwork conducted by Westland confirms this assessment. Species-specific survey has not been conducted, but considering Fima County habitat ranking its occurrence is not expected. Ground Snake (Valley Form) It is highly unlikely that this species occurs on the subject property. This conclusion is supported by the fact that the property has well drained soils and is not located on higher slopes near mountains. In addition, the ground snake habitat model developed by Pima County rates the subject property as having no potential to support this species.. Therefore, the imposition of regulatory constraints due to this species is not anticipated. Table I.E.2. U.S. Fish & Wildlife Service endangered, threatened, proposed, and candidate species for Puna County, Arizona; species status; potential for occurrence at the project site and basis for this determination. [Species highlighted in bold are analyzed further in Section 3.3] A list of wildlife species directly observed on the subject property is provided in Table I.E. L Species inforntation120 for the screening analysis was obtained from the Coumy Species List -Pima County, published an the U.S. Fish and Wildlife Service Internet Web Site (USFWS 2tHl3j. LI. Species Status Potential Occurrence at Project Site; Basis for Potential Occurrence Determination Huachuca water umbel Endangered None; no cienegas, streams, or wetlands, property is below the eievation Lilaeopsisscha,~fneriana recurva range for this species (3,500 - 6,50(1 ft). 1Ceatney's blue star None; no saturated soils or cienegas, flee property is outside of the geographic Amsonirr kearneyana Endangered range (Baboquivari Mountains) and is below the eievation range for this species (3,600 - 3,800 ft}. California brown pelican None; no habitat, such as large water bodies or coastal areas are on or near Pelecanus occidentalis cslifornicus Endangered the subject property. Nichol's Turk's head cactus Echinocsctus horizonthalonius nickolii Endangered None; no limestone substrates occur on the subject property. Pima pineapple cactus None; the subject property is located outside of its published range of this Coryplarntha scheeri robustispina Endangered species. Acutla cactus Candidate None; the subject property is outside of the known geographic rs-nge for this Echnomastus erectocentrus acunensis species. Jaguar Endangered None; no habitue is located on or near the property for this species (mainly Panthers ones found in mountains, undeveloped areas}. Lesser tong-nosed hat Endangered Unlikely: see text below. Leptany«eris curas»ae yerbabuenae Mexican gray wolf None; the subject property is outside known geographic range (Blue Primitive Canis lupus baileyi Endangered Area), no habitat (mainly chaparral, woadiand, forest, undeveloped), below elevation limit for this species (4,000 - 12,000 8). Ocelot Endangered None; the subject property is outside of the known geographic range for this Fells ardadis p species, no suitable habitat (mainly found in mountains, undeveloped areas). Sonoran pronghorn None; the subject property is outside of the geographic range for this species Antilocapra americans sonoriensis Endangered (southwest Arizona}, found in remote areas. Desert pupfish Cyprrnadgn macularius Endangered None; no aquatic areas are located on the subject property. Loach Minnow Tiaroga cobiti T~ea~ned None; no aquatic areas are located on the subject property. Gila topminnow Poeciliopsis accitlentalis occidentalis Endan erect g aquatic areas are located on the subject ro None; no J p perry. Spikedace Meda fulgida Threatened None; no aquatic areas are located on the subject property. Gila chub Gila intermedia Candidate None; no aquatic areas are located on the subject property. Yellow-billed cuckoo Coccyzus americsnus Candidate None; no large blocks of riparian woodlands or similar habitat on the site. Bald eagle , None; no habitat, such as large trees near water, occurs on or near the Haliaeetus leucocephadus lhn~ Property. Cactus ferruginous pyg®gy-awl Potential; the subject property is within knows range, proposed critic~t Glnuddiurn brusiliauune cactorum Endangered habitat, and proposed recovery area for CFPO. Masked bobwhite Endangered None; the subject property is outside of the geographic range for his species Colimts virglniamrs ridgewayi (Buenos Aires Wildlife Refuge) and does not contain desert grassland habitat. Mexican spotted owl 'Threatened None; no cxutyons and dense forests, subject property is below the elevation Striz occidentalis lucida limit for tliis species (4,100 - 9,00011}. Southwestern willow flycatcher Empidonsx traillii extimus Endangered None; no dense riparian vegetation is located on or near the subject property. Sonoyta mud turtle Candidate None; no aquatic areas occur on the subject property and it is outside of the Kinosternon sonoriense lon i emorale gf s pecies geographic range (Quitobaquito Springs). Chiricahua leopard frog Proposed None; no aquatic areas occur on the subject property and it is below the Rana chiriaahuensis Threatened elevation limit for this species (3,000 - 8,300 ft}. 22- 2. Arizona Game and Fish Department Letter Westland reviewed a letter from the Arizona Game and Fish Department to Mr. Bill Dean of The Planning Center dated December 23, 1949. The letter indicates that the CFPO, California leaf-nosed bat (Macrotus californicus), Pima Indian mallow (Abutilon parishia7, Sonoran desert tortoise (Gopherus agassizii) and Tumamoc globeberry (Tumamoca macdougalii) as potentially occurring in the vicinity of the subject property. On January 15, 2004, Westland received an updated letter from the Arizona Game and Fish Department. This letter also indicates that the CFPO and Tumamoc globeberry as potentially occurring in the project vicinity. In addition, this letter indicates that the fulvous whistling duck (Dendrocygna bicolor} and cave myotis (Myotis velifer) have the potential to occur in the project vicinity. Westland reviewed the habitat requirements for these species and determined that the CFPO is the only species that has a reasonable potential to occur on the property. It is unlikely that the remaining species listed are likely to occur on the subject property because: 1) the habitat is not similar to habitat known to support these species, or 2) the subject property is outside of the species range. 23• JRN-16-2004 FR i 04:23 Pf1 I~ESTLA~ID RESOIIRGES I N0, ~._ C ~V o ~ ~'~ o ~ r~~, ~. P, 02 ~'Ah N0, 520 206 9518 T~~ S~ar~ o~ ARIZONA e~.l`ItE AND ~`I~H $~EPAFtTN[~NT 2221 wEST GaeeNwAY RQAD, PHO£NJf, A7.85Q2B-4399 (602) 9Q2°~~~Q • AZGF{7,CflM G(}YERNOR :IAr1er NA~ou~ANa CRMMiSSlQiIER$ CNAIRMAN..faE CART £R, SAFFQF,D SUSAN E, CNSITQN, AR3~+ACA W. WIYS GItS"TRAP, PHOEN3X .lot; M~rox, YU47A MlCt}AEt M. GOUGHTLY. ~3.A6S7AFF DIRECTOR OuAiv~ L. SwRauF'e DEPUTY DIRE47pR Sr>nv~ K. F'~RReu 3anuary 15, 2004 Mr, Rian Bowers ~uestLand Resources, Inc. ' 2343 E. Braadwagr Bivd. Suite 202 Tucson, AZ 85719 Re: Special Status Species Information for To~vnshig 12 South, ktange 12 East, Section 2S, South Half; Proposed Rezoning in 1~ar~na. Dear Mr. Bowers: The Arizona Game and Fish Department {Department) has reviewed your request, dated aanuary G, 2004, regarding special status species information associated with the above-referenced project area. The Departrnent's Heritage Data Ivlanagement System {HDMS~ has been accessed and current records show that the special status species listed on the attachment have been documented as occurring in the project area (3-mile buffer), In addition, this project occurs within proposed Critical Habitat fQr the cactus ferruginous pygmy-owl. The Department's HDIv1S data are not intended to include potential distribution of special status 3S species. Arizona is large and diverse wifih plants, animals, and environmental conditions that are ever changing, Consequently, many areas may contain species that biologists do not know about or species previously noted in a particular area may na longer occur there. Nat all. of Arizona • lzas been surveyed for special status species, and surveys that have been conducted have varied greatly in scope and intensity, s Making available this infartnation does not substitute for the Department's review of project proposals, and should not decrease our opportunities to review and evaluate new project proposals and sites, The Department is also concerned about other resource values, such as ether wildlife, including game species, and wildlife-related recreation. The Department would appreciate the opportunity to provide an evaluation of impacts to wildlife ar wildlife habitats i associated with project activities occurring in the subject area, o~~hen specific details becoane available. a i • • • JAN - 2 6-2~tf34 2y. AN EQUAL OPPC3RTUhI3iY REASONRSLE AGGe?M1att3DA'T30Ns AGEP3ErY FRI ~~: Q3PF1 IC7: ASIA PLAhiNIhl~a ~ ~C~hdINC~ ~ ~, PAtaE : c a s i • • • s s s • • JAN-16-2004 FRI 04:24 Ph1 WE~~`I.A~iD ~ESOtIROE~ I~iC. FAX ~~, 520 206 951 P. 00 Mr. Rion Bowers January 15, 2Q04 If you have any questions regarding the attached species fist, please contact me at {602} 789- 361.8. Generat status information, state-wide and county distribution lists, and abstracts far same special status species are also available on our web site at: http:~/www,azgfd.comlhdn~s. Sincerely, ~,~f ~ .. c~'~~~~ Sabra S. Schwartz Heritage Data Management System, coordinator SSS:ss Attachment cc: Bob Brascheid, Project Evaluation Program Supervisor 3oan Scott, Habitat Program Manager, Region V t~~r.v ~ru ~ -vo-u~ttu i ~ zs• TAN-9 ~-?~IG34 ART ~~: Gi4i='[t1 Tel: R~TG F't RFJtJThSt~' ~ 7ilNThit; ('fi PAtnfi ~ ~ # 11~~- ~ 6-~~a4 ~~ I o~ ~ ~~ ~~ w~s~~.~~~ ~~souec~~ ~ ~c, ~~~ ~o, ~~~ ~o~ ~~ ~ $ ~. a~ ~ Special S#a#us Species wi#hin 3 Mites of T12S,R'f 2E Sec 25, S2 Arizona Game and Fish Qepartment, Heritage Rata Managemenf System January 15, 2QQ4 Selenfific Name Gammon Name ESA tlBPS BLM 1KSGA NPI. +~'~ ~waa~so ^ o ~nwe~n n ~ wir i Dendroeygna i5icotor Fulvaus Whistling-duck SG S Gtaucttifum brasflianum cacforum Cactus Ferruginous Pygmy-owl t.ir WSC Myotrs vetifer Cave Myotis SG S Tumamoca macdougati! Tumamac Giobeberry S S Stz Within Proposed Critical Habitat for the cackuc forruginou~ pygmy-owl. RCFR # 01-t)6-0~{01), PEepaaGd Rasider~tial Qevelopment. Westland Job #1011.{1 A 340. i r • i • • i i i a • i i • i • TAN-1 f,-?G1Gi4 FR7 G1~: ~4Pt*1 Tf3: ABTA Ri c`I.NNTNf~ ~. ?f1NTNt~ ffl_ ~~f~F : 4 u• i i i s • 1AN-18-~OC~4 FRI Q9.25 PM WE~TL~~D RE80L1RCES INS. FAh NQ. 5~8 X06 X518 STATUS I3EFINIT~~NS ARIZONA GAhZE AND )ISH DEPART119EN'T (AGED} HERTCAGE DATA MANAGEMENT SYSTEM (HI?MS) FEDERAL US STATUS ESA Endangered Species Act {19°73 as amended} US Department of Interior, Fish and Wildlife Service (http:{/arizonaes.fws.g~ov) Listed LE Listed Endangered: imminent jeopardy of extinction. LT Listed Threatened: imminent jeopardy of becoming Endangered. XN Experimental Nonessential population. Proposed fur Listing iPE Proposed Endangered. PT Proposed Threatened. P. Q~ Candidate {Notice of Review: 1999} C Candidate. Species for which USFWS has sufficient information on biological vulnerability and threats to support proposals to list as Endangered or Threatened under ESA. However, proposed rules have not yet been issued because such actions are precluded ai present by other fisting. activity. SC Species of Concern. The terms "Species of Concern" or "Species at Risk" should be considered as terms-of-art that describe the entire realm of ta~ca whose conservation status may be of concern tt3 the US Fish and Wildlife Service, but neither term has official status {currently all former C2 species}. Critical Habitat {check with state or regional USFWS office for location details) I'' Yes: Critical Habitat has been designated. P Proposed: Critical Habitat has been proposed. [ tN No Status: certain populations of this taxon do not. have designated status {check with. state or regional USFWS office for details about which populations have designated status}]. USES US Forest Service {1999 Animals, 1999 Ptants: corrected 2000) US Department of Agriculture, Forest Service, Region 3 {http;llwww.fs.feti.uslr3t} S Sensitive: those taxa occurring on National Forests in Arizona which are considered sensitive by the Regional. Forester. BLM US Bureau o€ Land Manageruezat {2000 Animals, 2000 Plants} US Deparmient of Interior, Bureau of Land Management, Arizona State Offic.F; {htt~:lfazwww.az. blm..gav} S Sensitive: those taxa occurring on BLM Field Office Lands in Arizona which are considered sensitive by the Arizona State Office. P Population: only those populations of Banded Gifa monster {Hel~dernia suspectum eirtctum} that occur north and west of the Colorado River, are considered sensitive by the Arizona State Office. TAhf-7 ~-~GiGl4 ~62T Gf~: 4~~iPM Tf7: A~;TA P! ANNTNt~ ~. ?f iNlhd4(~ t=.t]_ ~a~~:s 2l• i • • •JAN-1 h -~~t~~ JAFI-I6-2004 FFCI 04:25 FBI GiESTLAND RESOURCES INC. Status Definitions 2 FRh ~i0. 520 205 9518 TRIBAL STATUS NESL Navajo Endangered Species List (20Q0} Navajo Nation, Navajo Fish and Wildlife Department (Y~ttnalwww.tteritage tnc arg/nhpfus/nav~c~fesl htmt) P. 06 AGFI~, HDMS The Navajo Endangered Species List contains taxi with status from the entire Navajo Nation which includes parts of Arizona, Utah, and New Mexico. Ifir this notebook we provide NESL status for Drily those taxi whose distribution includes part or all of the Arizona poetion of the Navajo Nation. Groups 1 Those species or subspecies that no longer occur on the Navajo Nation, 2 Any species or subspecies which is in danger of being eliminated from alt or a significant portion of its range on the Navajo Nation. 3 Any species or subspecies which is likely to became an endangered species, 4vithin the foreseeable future, throughout all or a signi~rcant portion of its range on the Navaja Nation. 4 Any species or subspecies far which the Navajo Fish and Wildlife Department {NF&WD}does not currently have sufficient information to support their being listed in Graug 2 ar Group 3 but has reason to consider them. The NF&WD will actively seek information an these species to determine if they warrant inclusion in a different group ar removal from the list. MEXICAN STATUS MEX Mexican. Federal Efiadangered Species Gist {October 18, 2000) Prayecto de Norma Official Mexicans FRAY-NQM-059-ECQL-20100 The Mexican Federal. Endangered Species List contains taxi with status from the entire Mexican Republic and waters under its jurisdiction. Jn this notebook we provide MEX designations far only those taxi occurring in Arizona and also in Mexico, P En Felzgro de Extincifin (Determined Endangered in Mexico}: in danger of extinction. A Amenazsda (Determined Threatened in Mexico}: could became endangered if factors causing habitat deterioration or population decline continue. Pr Sujeta a Protecci6nEspeciat (Determined Subject to Special Protection in Mexico}: utilization limited due to reduced. papulafions, restricted distribution, or to favor recovery and conservation of the taxan ar associated taxi. E Probablefinente extinca en el medio silvestre {Probably extinct in the wild of Mexico}: A native species whose individuals in the wild have disappeared, based on pertinent dacumentatian and studies that prove it, The only existing individuals of the species are in captivity or outside the Mexican territory. [ j = One ar more subspecies of this species has status in Mexico, but the xDMS does not track it at the. subspecies level (mast of these subspecies are endemic to Mexico}. Please consult the NORMA Official Mexicans PRC?Y-NOM-059-ECOL-2000 far details.] 2$ SRI t1~: 4~5Pt~t TD: AT(~ F'I ~=aNt~lThJt~ k. ~fltdThdf i .fl_ P~C~F : JAt~-16-2004 FR I 04 ~ 26 PM WESTLAND RE~OIIRCE~ IBC. Status Definitions 3 STATE STATUS P. 07 AGFD, HDMS NPL Arizona Native Plant Law (i999} Arizona Department of Agriculture (htt~!lagriculture.state,az.uslPSDlnativeplants,htm ., xS Highly Safeguarded: no collection allowed. SR Salvage Restricted: collection only with permit. ' )~ R Export Restricted: transport aut Qf State prohibited. SA Salvage Assessed: permits required to remove live trees. HR Harvest Restricted: permits required to remove plant by-products. WSCA Vtlddlife of Special Caacern is Arizcina (in prep) Arizona Game and Fish Department (http:!lwww.az fg_dicom~ • WSC Wildlife cif Special Concern in Arizona. Species whose occurrence in Arizona is or may be in jeopardy, or with known or perceived threats or population declines, as described by the Arizona Game and Fish Department`s listing of Wildlife of Special Concern in Arizona . (WSCA, in prep). Species indicated an printQUts as WSC are currently the same as those in Threatened Native Wildlife in Arizona (1988, Revised 8/14Jt}2, AGFI~ HDMS 7:iHr3MS1t7oCtJME*tT1NB~KStTEMPLATE\EORDEFSISTATDEF • • i. • i • • ~AN-7.6-~00~ FRI 0S: QaP~1 ID: A~T~ PLA#~iNlt~ 8 ZOPaiF-d~ ~~ . FAX ~0, 520 206 9518 P~C~E : c 29• L~: VIEWSHEDS 1. From Adjacent Properties Exhibit I.F. l a. maps 121ocations where photos were taken from Tucson Community Church on the southeast, Pima Farms Rd. on the south, Oshrin Mobile Home Park Subdivision, and Cortaro Farms Rd. on the north, northwest, and northeast. Exhibits LF.Ib through LF.Id describe each off-site view over the site from the 12 locations. 2. Site Visibility Exhibit I.F.2 maps areas of low, medium & high .visibility. The degree of visibility depends upon how many people can see the site during an ordinary day as well as how directly the site can be seen from a normal viewpoint. Since most of the site drops in elevation substantially from Cortaro Farms Rd., the majority of the property is considered low visibility. And the view "window" from Pima Farms Rd. is very narrow. Only a dozen lots have direct views from Oshrin Park Mobile Home Subdivision on the west boundary and most of the site is screened by heavy vegetation. Therefore, the west boundary is considered an area of medium visibility. A couple of knolls block visibility of the site from traffic on Cortaro Farms Rd., but the flat areas. between them affords views of the north 300' of the property. Based on the traffic counts on Cortaro Farms Rd., therefore, most of the frontage is considered high visibility. 30. ti `p $ ~ ~~ a a ~ ~ ~ ~ ~ k C L - C O C ~ A,~ A ~ W ~ _ O W p~rn,a ~ ~ O ~ ~ (C C F g y 'O ~O`Lm C ~ ~ 3 3 C 5~ w o--a o o n t d ~ ~ ~ c $ W~ _ ~ J Q iv e e 0 ZOOZ o~oydoy~p p{/d 3t. N m d '~ s ~ ~ ~ ~~~ c ~ ~ w ~ 3 a :~ a ca 0 ~ °~ ~~ co ~ ~a a cL O N ~o ~~ t 'm U ~ ~' o cg ~ O 'O O U 7 U f? o o io Y y U ~ ~ F- ; c_ ~ y LL Y E O CV O L v m 0 y (6 LL f6 ~_ C O L ~ ~ ~ C_ t f0 U ~ ~, ~ = o 'c ~ ~ c y U ~ H O i0 F" ~ OI O c LL Y O ~ O m y U N ~ c U Y ~. __°o ~ Y E ao ~U .` ~ ~ ~ O ~ co ~ y ~ O C O f0 ac Q :° a~ ~ ~ O U~ E c `O = LL ~ vU f0 O H fD L O C ~ y C N Y 3 O c 0 ~° o m ~ Y y ~ ~a c LL L f0 y ~_ O d N C .~,, C LL 3 O ri ~ 3 2• • • i • N t3 ..+ to t d .~ W 4~ ~_ O °~, F-->~ ~/ _ K ~ 5~:~ Y~ j[•~.. L a ~ .. ~i ; c c ~..•c o :~ + ~ •« 0'a m 0 0 o U ~ ~ ~ OV C ~ O 'fl ~ U C~ ~ N a~ 3 U .` _N O ~C O N ,~ c ,~ 0 0 U O N C O r ':" „t . ; ~ a x,: Z ,n a b`~' Y :> _ > <~ ~~ .. rn c Y O ^~ (.I. C .~ Q c L t U ~' c E 0 U C F- O C O '~ N a c .c 0 N O N ~ ~ Q~ V N ... N ~ t0 ~ L r~.+ r °c w t ~ ... ~ E ~ c 0 0 L .a O O N C Y O J C ~ O ~ ~ N ~ d ti ~ ~ ~ = N f ~~ ~ 2 F 3 0 ~ a~jo a t ~ _ °~ ~ r x W _ ` / ~ < a ~ ~ ' a • • i i f0 O N f0 LL O ~ y O ~ U °~ L_ O ~ C y O ~ (~ C y Y ~, O N ~ C N a N N N O C ~ ~ O ~tA C_ o U .v o c .- m v m 0 E LL O l9 ~ ~ 3 o ~ U .- O h c m o c ~ o o d ~ c ~ m a~°i O N N f0 ~ C p ~ C .y _~ o U ~ C ~ f6 c~a ,~ ~ m 0 c ~ f0 y ld ~ ~ y O ~~ ~ o ~ U O C ~ 3 U~ y o ~ o rn ~ Y ~ O w N C O ~ ~ y r ~ r 34• \J A ~ ~ i .«~'. ~ >+ ~ ~ '- N `"j,~ _ ,~ N ~ uy ~ N ~.+ j ~ 3 C = g ~ ~ o .a : W > ~ ~ ~ -~ K 4 (V o' : ~ Cortaro Farms Road is located along the north boundary of the site and Pima Farms Road is located along the south boundary. Camino de Oeste extends north from a signalized "T" intersection with Cortaro Farms Road about midpoint along the east-west length of the project site. The conceptual layout of the proposed project proposes an extension of Camino de Oeste south into the development to provide access at the existing signalized intersection. Exhibit t.G.1 illustrates the current conditions immediately surrounding the project including roadways and development. The project site is included in the exhibit to identify the conceptual access and circulation. No access is expected to be provided to the south on Pima Farms Road. Exhibit I.G.1 Project Setting/Willow Ridge ~, .. .4 . "F ., r; . .''+~' :a" _ =r x ~~` ~" ]ii ~i~+ ~~ d-~ "..., j ~ F ~~ ~~b11 4~ ~ A ~ ~ 7~ F~~e. ~ ~o ~'~~ "~~ ~ ~ ~ ~ ~ -• ~ a r ... . ~. „~'F~R~R~p. `. ~~~~~ . ~~ ~~ ~. . _ ~,~.~ ~.. ;`. 3 ~. ~. Exis>1ng Access and Right~f--Way SourcPi. PrtnH {,D 20072 Exhibit I.G.2, Regional Transportation System illustrates the transportation system in the area, identifying major routes and alternate modes of transportation. x• Exhibit I.G.2 Regional Transportation System/Willow Ridge !~~ m~e f+ta Rtc Future Et4aicr Rte rs.a. Sc~re,c Rte Bute Rte Suntaan Trails Im ruvements ,~ Exs[irg Traffic Cortaro Farms Road provides access to Interstate 10 through the Cortaro traffic interchange at I-10. The westbound approach to the interchange has recently been improved to relieve congestion along Cortaro Farms Road to the east caused by demands on the interchange and by the at-grade railroad crossing. Cortaro Farms Road is a two-way, two-lane, paved roadway with traffic signals at the I-10 interchange located one mile west, at Camino de Oeste, and at Old Father Road located three quarters of a mile east of Camino de Oeste. Cortaro Farms Road is designated. as a Major Scenic Route on the Pima County Major Streets and Scenic Routes Plan (MSSRP) with a required right of way of 150 feet. This will require a 75-foot half right-of-way across the project frontage along Cortaro Farms Road. This right-of-way exists along the east 660 feet of the site. An additional 45 feet of right-of-way will be required along the remaining frontage where there is currently a 30-foot half right of way. Pima Farms Road is a paved, two-lane collector street that connects with Camino. de Oeste east of the project site and terminates at Cerius Stravenue west of the site. This roadway is accessed from Cortaro Road, Ina Road, and Thornydale Road through local and collector streets. It is not designated on the Pima Co. MS8~SRP. Camino de Oeste is a discontinuous collector road that connects to Cortaro Farms Road on the north side at a signalized intersection and continues north about 3'/z miles. The road connects to Ina Road on the south and terminates about 1/4 mile south of Cortaro Farms Road. The intersection with Ina Road is unsignalized with stop control on Camino de Oeste. It is designated as a major route on the Pima County Major Streets and Scenic Routes Plan with a required right~f vvay width of 90 feet. The unimproved, future extension on the south side of Cortaro Farms Road lies east of this project site. The proposed extension of Camino de Oeste on this project is not the major route that is designated on the MSSRP. 3l• i ~' s • • • s • • • Exhibit I.G.3 provides a physical inventory of the arterial and collector roadways within one mile of the project. A map showing existing right of way on these roadways follows in Exhibit I.G.4. Exhibit I.G.3 Roadway InventoryNVillow Ridge Functional RNV Min RM/ No. DividedSpeed Class Owner Width Per lanes Facili Limit MS8~SRP Cortaro Farms Road Interstate 10 to Thornydale Rd Arterial Pima Co 60 150 2 No 40 Camino de Oeste North of Cortaro Farms Road Collector Pima Co 60 90 2 No 35 North of Pima Farms Road Collector Pima Co 90 90 2 No 25 Pima Farms Road Cerius Stravenue to Cmo de Oeste Collector Pima Co 30-45 N/A 2 No 25 Exhibit LG.4 Existing Right-of-Way/Willow Ridge -- t so= - ~,_ 0 0 ~. ~ ~ ~y ~- r - ~ _ a L ~~ ~ 1 9C ~ __ ______ _______ _- _ _ _ _ _ _ _ _______ _ :~ ~-~ ~ J ~ - ---- ___ ,__ ________ ---~ ~ --------- ----- ---- ~ . F ^ ~ ~ ~ ~3 '+ z ^ Y ~ _ _ < $ f ~~ 9 .. m... y N _~ ""ni.ry .. 45 = ,~ ~~ ~.; ,,,, ~p 1~~RTq ~4s drs~M' 'Pq''+ ~ ~ ~ '~ ~~, +n ,, .:, ~ o .n 45 ~ 9 F ;.a ~~;~~ ~.,,r~ Intersections The traffic from this project is expected to primarily impact the signalized intersections of Camino de Oeste/Cortaro Farms Road, Cortaro Farms Road and the I-10 WB Frontage Road/Ramps, and Cortaro Farms Road/Old Father Road. The existing intersection of Cortaro Farms and Camino de Oeste has an eastbound left-turn lane and exclusive southbound right and left-turn lanes. The westbound approach has one shared-use right/thru lane. The intersection is shown in the aerial photograph in Exhibit I.G.S. The lane 38• assignment at the intersection has been superimposed on the aerial. Exhibit I.G.5 Cortaro Farms Road and Camino de Oeste IntersectionNVillow Ridges ¢ ~ ~ c» ~. ;~ 4.. '' _~~ .MC do- A ~. ~ ~. ~ ~~~ ~gV ~ ~~ ~ ,~ ~~~~ ~ ~ ~~ F ~ ~ ~~ Cortaro Farms Road` ~` ~` w,.-yew.-~.~..,.;,„~~,tv:+~^~~.:'-.~,--~,..:~ rs._,-;,,. ..,~~,., ~7_t ~..-,,,~, ,,.~~,,:,,,_ ~a ~F~ ~,,, ~. --.w; " ~„ w~ ~~~. ~ :~~ ~. Project Site 50 ft +/- ~. ~ ~ °~ - `~ = ~. ,~ = ~ ~°, ~~ ,~, ;~ Saurce 1'ima~~~oun~y 2Q02 A Alter7late IYIOdPs The I-10 frontage roads are designated as bicycle routes. Other routes in the area are fourrr~ in the neighborhoods south of Pima Farms .Road and along Thornydale Road. No sidewalks are available along the adjacent roadways. There is a SunTran park and ride lot located at the intersection of Thornydale/Ina that provides connection to three express routes (Routes 102, 103, and 186) and to Route 16 that runs on 30-minute headways Monday through Friday. Route 16 travels between Ina/Thomydale and the Laos Transit Center with a stop at the downtown Ronstadt Transit Center. Another park-and-ride lot is available at the Pima Community Northwest Campus on Shannon Road, south of Magee Road. This lot is served by Route 61 that runs seven days a week on one-hour headways between Ina/Shannon and the Tohono Tadai Transit Center at Stone and Wetmore. -Bike and bus rou#es are shown in Exhibit I.G.2, Regional Transportation Network System. Public school students from this development will be bused to Tortolita Middle School and Mountain View High School by the Marana School District. Current Traffic Volumes and level of Service Level of service (LOS} is a qualitative description of how well a roadway operates under prevailing traffic conditions. A grading system of A through F, similar to academic 31. grades, is utilized. LOS A is free-flowing traffic, whereas LOS F is forced flow and extreme congestion. Level of service D is the expected performance standard in the project area. The current average daily traffic volumes (ADT), roadway capacity and LOS of the surrounding arterials and collectors are provided in Exhibit I.G.6. The analysis is based on the methods contained in the Highway Capacity Manual, Millennium Edition. Cortaro Farms Road currently operates at LOS F. Exhibit I.G.6 Current Roadway Performance/Willow Ridge Segment Year Source Capacity ADT V/C LOS Cortaro Farms Road: I-10 to Camino de Oeste 2003. PC 15,000 16200 1.08 F Cortaro Farms Road: Camino de Oeste to Thornydale 2003 PAG 15,000 17200 1.15 F Camino de Oeste: north of Cortaro Farms Road 2002 PC 15,000 5000 0.33 B Camino de Oeste: south of Cortaro Farms. Road Unimproved Right of Way Pima Farms Road: Cerius Str to Cmo de Oeste 1999 PC 15,000 700 0.05 A Roadway Improvements The following table lists the proposed roadway improvements that improve access to the area. The funding, design, and construction status are also provided.' The locations of these improvements were also shown in Exhibit I.G.2. Pima County and the Town of Marana are preparing an intergovernmental agreement to transfer bond funds to the Town in order to begin construction of Cortaro Farms Road from the Union Pacific Railroad (UPRR) to Camino de Oeste in 2004. This improvement project is included on the current TIP as part of a bond project that extends from the UPRR to Thornydale Road. Although it is expected that the segment east of Camino de Oeste will remain scheduled on the current TIP for construction in 2008, it is subject to review and possibly rescheduling. by Pima County. Exhibit I.G.7 Proposed Improvements/Willow Ridge Sponsor Pro)ect Description Current Design T!P Status ADOT I-10: Cortaro Tl to Marana TI Widen to 6-lanes 1-90/Cortaro TI Reconstruct interchange PIMA COUNTY Cortaro Farms Rd: Camino de Oeste to Thornvdale Widen #0 4 lanes MARANA Cortaro Farms Road: UPRR toCamino de Oeste Widen to 4 lanes Ina Road: 1-10 to East City Limits Widen to 6 lanes, sidewalks, landscaping and multi-use lanes Linda Vista/Twin -Peaks TI Construct new interchange Dove Mountain Extension Construct a new roadway extending from the new Linda Vista/Twin Peaks Ti to Dove Mtn. Construction Status YES 2004.. YES 2008 YES Complete 2008 YES Complete 2004 YES 2004 - 2007 2008 YES 2004/2005 2006/2007 YES 2004 (DCR) Bivd./Tangerine Rd. ~ TIP -PAG Transportation Improvement Program Approved for FY 2004 - 2008 4a i f s • a • • • • • • • • • • • • • • • • s • s LH. RECREATION All three parks are available to the public right now. The only trails within a mile are Joplin Lane/ Cortaro Farms Rd. (aka: Hardy Trail) and the Santa Cruz River. Joplin is currently in the right-of--way acquisition phase by Pima County. When developed, it will be used for foot, horse and mountain bike recreation. The Santa Cruz River Trail is developed further south, and it is in the design stage by Pima County in this area. Connection to both these trails from Willow Ridge will be made available thru the Cortaro Farms Rd. widening project at its intersection with I-10. This road design provides for pedestrian and bike trails. 4L• i • i i • • • • • 0 0 C !: _ O ~ ~ ~ ~ ~ o _ ~ •~ L ++ ~ 3 .~ c ~_ f6 ~ O ~ U a. N O N ~ z ~ r .~ v x a~ o =_ d ~ ~ ® ~ n m ~ ; T ,~, ' ; w W~ ~ ~ ~~ ~~ O p 2 ~~ N C ~E mm ow 43• LI. CULTURAL/ARCHAEOLOGICAL/HISTORIC RESOURCES Westland contacted the Arizona State Museum (ASM) on December 1, 2003, to determine if any surveys have been conducted to determine presence of cultural, archaeological, or historic resources on the subject property. A Site File Search Request for the Section, Township, and Range of the subject property and a '/4-mile buffer area was made for information stored in the ASM archaeological records database. Results of this file search indicates that there are known cultural sites in the project area and within the buffer area (Refer to letter from the AZ State Museum, Dec. 1, 2003). The records check indicates that portions of the property have been surveyed prior to 1981, and the area along Cortaro Farms Road, most likely associated with road improvement projects, has been. surveyed more recently. On December 5, 2003, Westland was advised by Patricia Castalia of Desert Archaeology, Inc., that recent surveys conducted by that firm along Cortaro Farms Road between I-10 and Thornydale Road failed to find any cultural sites east of Hartman Lane where the .road climbs out of the floodplain. However, there are cultural sites along Cortaro Farms Road west of Hartman Lane within the floodplain. A small portion of this area is within the Y4 mile project buffer. Development of the property would likely. initiate regulatory triggers that would require compliance with the National Historic Preservation Act (NHPA), and, thus, a complete survey of the property would be required. The applicant will complete .required surveys and treat any detected cultural resources in a manner consistent with applicable local, state, and federal regulation. This could include avoidance and preservation in place and if avoidance is not possible appropriate data recovery and mitigation in accordance with approved treatment plans. 4y 12/01!2003 I6: 25 5206212096 PAGE 82 A~oua Stag Muscu*~s Po. amt u~26 r,. ~z ss72t-aoi6 (s2~} 6zi~s~2 FAX: (52{1} 6212976 ~ iIlY~fiYOf ~f ~~~~~~~~~~ ~ Tcxso~ AwzoNr, Pima County Ascha~logical Records Check Form l~a#x oiRe~aest: Dber 1, 2103 Dat+t Ca~eatpleted: fiber 1, 3003 Request eanua in by: Pa* Naime dad ode A Hat Coen~po~q WeetNaad Resarnnoea, bav adde+eBS t $. $ ~, s~ utz $~b sad ~ code 'Itiat~-aat, Arir~pona ti9'I19 Pbos+e sat Fax S?fi-206 9H~ FAX520-206--4SX8 Project Name and/or ATarrbee• Carliefi-~na, Cortaro FarnoFs Rd lob #1011.Q1 500 500 Projret A+~riQtioet Site file search ~ P~ Agcy Requesting t#ds Information: Pima County ® t?tber Location of Project, Area: {G~eml derma lade as std ~tereectioees} Betuvee3r Cortaro Fauns Road and Pima h'ateas Road west of Camino ~ C~CStc, dt soelth of Cortaro Farms Road east of Camino de tkste '~ 7.egal Descriptlon: T!2 S R12 E NW of ~, NE of SW. 8t portions of SE SW arltd. ldE SW S25 ReelnNa 4f Search (Seardt Area iadasdes --!!d mik Baffer) Surveys in Project Ama,7 Partial.(Most} Sites is Project Areal Yes AZ AA:l2:3ASit+I) ASh+I Survey Ntmtbexs: 1981-9 74{N$i T'uc Basin);1988-2(~?{CESj t99~4-424 (SWCAj; ?AO1~Z{llA~ Adchtional Surveys in Buffer Area? Yes i981-! l0; Additional Sites in Buffer Arcafi Yes AZ AA:12:285{ASM} The ~y Sited AZ A~1,: lz:780(ASMj Comments: Fixcelrt for the ar+~t along Cortaro Farms Road, the property leas not been su~rvveyed since 1981. The Pinch Conaty Cultural lt. Staff wil! make dons based on throe dad ode' teseelts. A list of qualified. azahaeolagical contrt~tors is avm`labie at: ht~p:llrvww.beam.arizoua.edtJttrofsvcslpea+tita//permii~cs„asp mould {ho Cowtgr requite im+estlgtedon If you have any questions, Please fed frce to cox~ct me. Sincerely. .~- ~„~-. Su Henera~, Aseia~t 1'ettalts Adminiaxatcu Phone a~ Fex (S20) 621-209b ~!SSt4~a~i1~A„ ~~ yS• 0 ~ o d _N p ~ O m D w ~~ °- m ~ .~ ~+ ~ ~ ~ ~ ~ o ~ ~ r ca ~ ~ ~ C _ ~ 1° ~ 0 ~ ~ c ~ m } ~ ~ ~ p 1 .~ ~ C p -° ~ r Q ~ O~ O p p ~ ~~ U o ~ f 0 to H ~ LL. m 2 2 D ~ ~+ 7 p E Z O Q. ~ C C ~_ ~ ~ ~ I . ~ '~ O U ~ ~ ~ 0 r = a ,', ~~:.. ,,. ~ i i W V ~ J Q . ~' iv Q o ~ v ~~ Part II band Use Proposal ILA. PROJECT OVERVIEW Willow Ridge is a proposed residential development that will include 170 "production lots" on 59.98 acres of land on the west side of the proposed southerly extension of Camino De Oeste. There will also be a 4.58-acre neighborhood commercial corner at the SW corner of the signalized intersection with Cortaro Farms Rd. This corner will likely include a drug store and a fast food restaurant. The. typical production lot will contain 6,840 sq. ft. of land area. On the east side of the Camino De Oeste extension where the topography is more steep,. Willow Ridge proposes 30 "custom" lots on 34.03 acres. Another 4.38 acre neighborhood commercial corner is proposed for the SE corner of this signalized intersection. This corner will likely include a convenience store with gas, a retail building, and a destination restaurant. example. The size of the custom lots will range from 16,000 sq. ft. to 60,000 sq. ft. While the uses for both commercial corners are proposed at this time, there could be a different mix at the time of construction that may include more retail instead of a destination restaurant, for example. In summary, this project proposes 200 homes on 94.01 acres (2.13 units/acre) and several service businesses all on a total site of 102.97 acres. The densities of each proposed residential and commercial zone area, the acres of each zone, and the minimum & proposed lot sizes are presented in the Table of Regulations, Exhibit II.B. This property is currently part of an official annexation program by the Town of Marana. A public l~~ing was held by the Town Council ~n• While the uses for both commercial corners are proposed at this time, there could be a different mix at the time of construction that may include more retail instead of a destination restaurant, for example. In summary, this project proposes 200 homes on 94.01 acres (2.13 units/acre) and several service businesses all on a total site of 102.97 acres. The densities of each proposed residential and commercial zone area, the acres of each zone, and the minimum & proposed lot sizes are presented in the Table of Regulations, Exhibit II.B. This property is currently part of an official annexation program by the Town of Marana. A public hearing was held by the Town Council on December 16, 2003 for properties extending north from Pima Farms Rd. and north of Cortaro Farms Rd. to the existing Town limits. This annexation, Camino De Oeste annexation, also extends east from Oshrin Park and Hartman Lane to Star Grass Dr. located past Camino De Oeste. So the existing Pima County SR & SH zoning on Willow Ridge will be translated to Marana R-144 and R - 36 zoning upon annexation. This rezoning request will then be from R-144 and R-36 to R-16, R-6 and NC. In addition to the normal revenues generated to the Town of Marana from sales taxes as well as tax rebates based on new population from the State of Arizona, $2,207,000 from development impact fees will be provided as follows and will be made a part of the annexation development agreement: Required Transportation Impact Fee $2,435/lot Voluntary Parks Contribution $1,400/lot Voluntary Schools Contribution $1,200/lot Voluntary Contribution for Additional Open Space Acquisition $5,000/lot SUBTOTAL $10,035/LOT 48• Marana. Because of the attention given to this proposed project, Pima County and the Town have agreed "in principle" to accelerate widening of that portion of Cortaro Farms Rd. from the railroad tracks on the west through the Camino De Oeste signalized intersection on the east to Star Grass Dr. Pima County plans to transfer some $5 million in approved bonds to the Town and the Town expects to derive some $700,000 in transportation impact fees from the developers. This revenue will go a long way towards starting construction of Cortaro Farms Rd. in early 2005 at the same time that Willow Ridge plans to start construction of its two subdivisions. Total open space for this project will approximate 38.1% (39.19 acres) including more than 25 acres of natural undisturbed open space (NUOS). The NUOS will be provided from about i/3 of the open space corridor areas of the proposed site layout, the retention of high vegetation densities within the southern "triangle" of the site, and grading. limitations for housepads on the custom lots. The NUOS in the open space corridors-and the southern triangle will be owned and maintained by the homeowner associations for both residential subdivisions. These associations will also own and maintain the approximate area of 13 acres designated as "natural open space" primarily located within the landscape buffer yards as well as the disturbed areas of the open space corridors. These natural -open space areas will be revegetated and enhanced with native plant materials relocated from the site. The NUOS outside the building pad limits (10,000 sq. ft/lot) will be owned by the individual .lot owners and maintained through conservation easements. The most generous landscape buffer yard proposed is the 50' buffer yard along Willow .Ridge's west boundary because this area is adjacent residential neighbors. With the exception of limited areas north and south of the well site, this 50' buffer yard contains very 49• little vegetation. The west 14' of this buffer yard will maintain vehicular access to the well site through limited improvements. North of this well site, this access will also be available for loading purposes to the adjacent homeowners. The entire 14' length will also be designated for horse, bike and foot access. The remaining 36' of this landscape buffer yard will be heavily planted with native vegetation relocated from site construction. Sidewalks will be provided on both sides of the local subdivision streets including the proposed extension of Camino De Oeste. However, the streets in the custom lot area will consist of ribbon pavement only, no sidewalks. The widening of Cortaro Farms Rd. on the north side of Willow Ridge will contain multi-use lanes for pedestrian and bicycle activity. The widening of Cortaro Farms Rd. will merge from a full 4-lane divided section west of Camino de Oeste to its 2-lane undivided section at Star Grass Dr. The proposed extension of Camino De Oeste is proposed at the request of Tucson Community Church which currently has no direct access from Cortaro Farms Rd. This extension is not proposed to connect to Pima Farms Rd. at the specific request of Oshrin Park residents made at 2 public meetings with them last October and January. No roadway extension has been proposed from the custom lot subdivision to the area east because this land is considered a prime wildlife corridor by the US Fish & Wildlife Service and the "environmental community". II.B. TENTATIVE DEVELOPMENT PLAN (TDP) See Exhibit ILB. on the following page. A "jacket" with a clear acetate overlay of this TPD is provided inside the back cover of this site analysis. In addition, Exhibits ILB.l & ILB.2 provide "mini" TPD's for the 2 commercial corners. Exhibit II.B.3 is also provided to detail the 1 ~°fo 50• slope encroachment from the east commercial corner development. The entire pad for the west commercial_ corner will be "flattened." Most of this site is already level. II. C. EXISTING LAND USES 1. Zoning Boundaries/Existing Land Uses See Exhibit ILC.1. 2. Land Use Impacts On the north side of this property, Cortaro Farms Rd. will be widened in 2004 to a 4-lane divided major street to accommodate growing traffic volumes that already exist. The large lot residential sites on the north side of Cortaro Farms Rd. will be protected by a 20' landscape buffer yard and single story building height limitations for a distance 300' south. The large, lively church (Tucson Community Church) on the SE side of Willow Ridge will be provided access for the first time in its history to Cortaro Farms Rd. via the extension of Camino de Oeste. The property to the east is unimproved and is considered to be a prime wildlife corridor by the US Fish & Wildlife Service and the."environmental community". Therefore, the proposal to create Large, custom lots in this location is appropriate. The subdivision on the south -- Herbert Terrace -- should receive little impact from Willow Ridge because there will be no street access from Pima Farms Rd. The same is true for Oshrin Park Mobile Home Subdivision on the west. There will be no vehicular access through their subdivision and a 50' landscaped buffer yard will be provided. In addition, there will be no single story homesites for a distance 300' east. Finally, the existing access easement will be 51~ i • • • i • i 50' L,an ite area 102.97 acres gy~d' xisting zoning SR and SH (County) a anslation zoning R144 and R36 (Marana) o oposed zones: R-16, R-6, NC (Marana) 3EP' S. Jatural Undisturbed Open Space: 25.41 acres E to atural Open Space: 13.05 acres a n fictive Recreational Open Space: 0.73 acres " ~` `' atal Open Space: 39.19 acres ', Natural undisturbed open space includes approximately one- open space corridors, custom lot areas outside building ..elopes and high density area at southern triangle. wQ~ ion $~ublic Equestrian 8~ Pedestrian Trails to be provided by ment along west boundary. 0 2-story construction within 300' of Cortaro Farms Road and ' of west boundary. I signage to conform to Title 16, Marana Land Development e. Separate signage to be provided for each commercial er, the subdivision east of Camino de Oeste and the division west of Camino de Oeste. post development topography, section II.D. for grading r^ °~ ~ ``~~' ypical ROW width for local streets: 46' ~: ~~Y <.' ~ ,~~ `~ inimum open space corridor width is 100 feet. setback line from Cortaro Farms Road: 30' (scenic) setback line from Camino de Oeste: 20' Marana HDZ Restricted Lots LOT SRES REQ'D R-16 16,000 SF ) saO' ~~~ R-6 6,000 SF oo' 400' TANTS NC 0-15 AC BLDG. HTS. R-16 25' R-6 25' C~4ii NG 30' ,x 52• i • a i i r • s • • • • • • i • • • s i • ~ I Z bQ(n ___ ~ ,= ..,~ _ ~\ PHARMAC~ 2 j~ PAAL -- ~~~ ~ \4 i .5 57 5 ~. ~,, ~. ~ = ~'\` Q N~~~.,, ~ - o i~NM ~- 14823 SF ~" ~ ' ~`~FE=25.0 =.. - a DRIV~ ~~ c ' ~ ~ -~ = %~ _ THRU ` -- ~ r ~ - -- ~ , :. ~ '~ LOADING ~ ~ r %~ - -- ~ -r N ., - ., .~' A . ~~ 1 J '- , ~ '" ~. .-.` ; ~ ~ \ ., ~ / RET/DEBT `~ , - / _ _ _- AREA \ 921 6 SF ~ OTTOM ELEV.= 2215.(3, /' ( /' . __ ~' q~20' ~B~UFFERYARd~-'r '" _. _, __ - ~'"-- 60 EX~I'ST ROW _....-__ ,- _. _ _.. -- _ - -.. ~- --- I ~- - - _---- %~ ;~ ''„CORTARO FARMS RD`s., ~ ;' _ N _ . ~ ' ~,, + -_ s15- 'R Q.1AL - -~-~' ~ ~ _, " DEDICATION ~ ~ ~~' ~ ~_ - '" ~ -''~ - - -- ` 20' BUFFERYARD ~~~-GENIC ROUTE ~, ~ -' r ,~ _ _ SETb_ACK `,, j __ ~.---~ _- -.- _ I ~ "~-- ~+~_ ~ _ i ~. J ~J ~ I '~ ~ i I T~ w I ~ SCALE 1 " = 100' .~ ' ~ 24' PAAL ,~ ~. ~' (n' ~~ I `F ~ ,-;; ~'~` ~ -~~ ~- - ~ ~ ~ r ~' Zi ~~ ~ _ I ~ ~ , - ~ ~ - U ,_ ~ ~~ / ~ ~ ~ ~-80' ROW ~ ~ DEDICATION ~ ~ _ - a, _ N a 442.6' ---62' ROW SITE STATISTICS AREA: 4.58 ac EXISTING ZONE: SR (COUNTY) PROPOSED ZONE: NC (MARANA) BUILDING HEIGHT: 24' MAX PROPOSED USES: FAST FOOD RESTAURANT (3,478 SF) PHARMACY (14,823 sf) SETBACKS: NORTH - 30' SCENIC ROUTE SOUTH - 20' WEST - 25' EAST - 20' C~p~ -, C,9N~l1LTANTS °.!°Ri1°!"~° CPE Consultants, LLC nAt~H71ts 1555 EAST BROADWAY iU~flt4 TUCSON, ARIZONA 85719 520.545.7001 _ - _ - - _ DEDICATION 2 .5` 37. ' PARKING: FAST FOOD REQUIRED: PROPOSED: RESTAURANT (3478sf): 15 SPACES 21 SPACES (1 PER 200 sf OF GFA ) PHARMACY (14,820sf) 74 SPACES 146 SPACES (1 PER 200 sf OF GFA) OFF STREET LOADING 2 SPACES BUFFERYARDS: NORTH - 20' SOUTH - 20' WEST - 20' EAST - 20' TENTATIVE DEVELOPMENT PLAN COMMERCIAL SITE -WEST EXHIBIT 11.6.1 ~3~ ,~ NQTE: PROPOSED AUTO SERVICE STATIOAF,WILL ~`•, _ REQUIRE A,CONDITIONAI;=,USE PE IT \~^ --~ - _- -- ,- i ~ -- - ~` 60' EXIST ROW ~ ' ~ ' ~. ~~ ; - t- - '. ~~ COR~ARO FARMS g.D' ~' ~ ~_ , _. _ ~ - ,___ X0,02' _ :, ~., ,~ ~ __ .~ _ _45--pow DE41CATaON `~ ~ ,.~ ,,.~~ ~ -- ~ ~. , ' '' ,- /ji ~ /~ 't ,. - ~ .~ GENIC ROUTE SETBA I ~ ~ ~ '~ - ~_ . . ~" ~ _ - r--T= _~ • r ~ ~_ r ' '~ ~ ~ ~ ~ ~`, ~ I ~ ~~ ,~ra' w ~ ' ~ ~ ~~ ~. -r ~~' {,may' / ~ ~~ W m, ~~~~~•~ PEA ~~ - ~~ - ~ ~~ ~ ~/ ~~~ ,---,.. ~ .. ~ ~ I N / ~ w ` ~~ - i ~ _~b00 SF~~ if °' -- ~ ~ ~ ~ -~ ~ •~ ~ Q ~/ c~ ~ ~ a ,~ -t ." ,- ,, , ~ ' ~ .--- i ' F00 '--4490 ~SF ~~ ~ ;- ~;, TARE ;. ~--~. , - ~ ~ ~- _ ~~~'e~ ~_ - ~" _ '~ ~F~T~~pET ~ ` ' ;' ;. ' - 1.5Q' i 1_ ' ,. y, _ ~ ~ _ _._ - 122.3 57.'5 ~03~8 ~'F ~ .s V ,%' ~ ~~ `r,`~ ~~ _ ~ , --.~ ,~ ~ . 2O BU~ERYARD__--"- ~~ ~ ' ~ ~" ~ _ - .RETAININ~~ WAL' ~ ~~~~ /~~ CATION....-~-~ ~ ~ ,..-- --- - -- _ .... ~-__._ '~ ~ ~ __ ~~---'"~~ ,OPEN SPACE %C6RRIDOR ~. `•••.. -' DEDICATION .,,--' '. ,,-~ _.. 37,5 -'` ~, ~ ~ F-~ ~ --- -~ SCALE 1 " = 100' SITE STATISTICS • AREA: 4.38 ac BUILDING HEIGHT: 24' (SCENIC ROUTE REQUIREMENT) EXISTING ZONE: SR (COUNTY) SETBACKS: PROPOSED ZONE: NC (MARANA) NORTH - 30' SCENIC ROUTE REQUIREMENT SOUTH - 20' PROPOSED USES: WEST - 20' FOOD STORE/AUTO SERVICE STATION (3600sf) EAST - 20' • RETAIL (4400 sf) RESTAURANT (7000 sf) i BUFFERYARDS: PARKING: (9' X 20') NORTH - 20' REQUIRED: PROPOSED: SOUTH - 20' FOOD STORE/AUTO SERVICE STATION: 18 SPACES 18 SPACES WEST - 20' (1 PER 200 sf OF GFA + 3 EMPLOYEES) EAST - 20' RETAIL (4400sf): 22 SPACES 22 SPACES i (1 PER 200 sf OF GFA ) RESTAURANT (7000sf): 54 SPACES 54 SPACES ~~ (1 PER 2.5 SEATS) CONSULTANTS OFF STREET LOADING 2 SPACES ~ CPE Consultants, LLC ~LJ-NNING 1555 EAST BROADWAY TENTATIVE DEVELOPMENT PLAN tU1tYEY1NG 520.5~5.70010NA 65~1s COMMERCIAL SITE -EAST ~ EXHIBIT ILB.2 a * 5y' r • ~~ TEWTATIVE DEVB_OPN~IT PLAN 15~ 3L.OPE ENC:ROAq-NT - ' EXIST NATURAL - --`~ GRADE ~ --~, ~ 3 ~ o J __ ~"~~ in t/) ~~ o ~ '.`~ `~ ~ N O O X ``' RETAINING W~ ' 2-4 MAX ~• ~~-~~ . t- ..i - .. BUFFERYARD PLANTING BENCH DECORATIVE ,~~ EARTHEN FACADE ~' ~~ PROPOSED ~~~ _ _;~ BUILDING ~~ _ VARIES ~- ~ FFE PROPOSED CUT AREA NEW PAVEMENT C~G°'~ CONSULTANTS MGM ri~ CiO~U~Al1~ KI11 1555 EAST BROADWAY ~ 1Ua0N4 AR/ZONA 85719 520.S~a7001 / SS 0 0 m ~ ~L ~ U ~ 'o 0 ~~ ~ ~ ~ ~ M .a •- 3 = C c o ~~~ s - ~ _- ~~ n ~ ~~ wNm ~ '~ o .~ S ZOOZ o7oydoy~0 JVd ~`' retained along the common property boundary and additional equestrian/pedestrian easements for their residents will be provided through Willow Ridge to Cortaro Farms Rd. and Pima Farms Rd. It is also important to note that there is drainage from our property now that ponds the Oshrin Park Mobile Home Subdivision (NE Corner) on a frequent basis near Spanish Bayonet Dr. The water comes to our property from the north side of Cortaro Farms Rd., flows south on the Willow Ridge property, and then turns NW towards Spanish Bayonet. The accelerated improvements to Cortaro Farms Rd. are planned to redirect those storm waters from north of Cortaro Farms Rd. west along the north side of Cortaro Farms so that those waters will never get to Willow Ridge and, hence, will never get to Oshrin Park. Or, as an alternative pending final road design, these waters will re-directed from flowing NW on Willow Ridge to the SE discharging into the public drainage way bisecting Oshrin Park. Finally, as noted on Exhibit I.A.3/4, there are 3 production lot subdivisions within 1/4 mile of this property with residential densities equal to or greater than Willow Ridge's: Cortaro Ranch, Sunset Point and Country Highlands. This area, a stone's throw from I-10, is definitely transitioning from a rural to an urban area. ILD. TOPOGRAPHY 1. Topographic Characteristics' Response There are no restricted peaks and ridges on this site nor are their any rock outcrops. Site grading in the "production" lot area will conform to the existing ground, limiting the cuts and fills as shown on Exhibits ILD. l a, II.D. l b, & II.D. l c. These exhibits provide cross sections for Camino De Oeste and the open space corridors as well. The location of these cross Sl• sections are "keyed" from Exhibit ILD.l. In the "custom" lot area, grading will also follow natural contours with limits of 10,000 sq. ft/lot for home pads and driveways. Exhibit II.D.1 d also details 15% slope encroachment for these custom lots. 2. IS% Slope Encroachment Exhibit ILD.2 presents the areas of encroachment for residential and commercial uses, predominantly east of Camino De Oeste. Because Willow Ridge proposes large lots east of Camino De Oeste with 10,000 sq. ft. building pad grading limitations, only 26% of all the steeper slope areas will be disturbed. 15% slope encroachment will be mitigated by decorative earthen facade surfaces spread upon limited height retaining walls through gunnite or stucco methods. The placement of these retaining walls and facades are detailed in Exhibits II.B.3 and ILD. l d. This entire project is presented as an infill development that will not burden the taxpayer and will pay its way with impact fees totaling almost $10,000/ house. If there were to be no encroachment at all, there would be less homesites and less commercial activity generating public improvement funds. Therefore, there is a need for balance and 26% encroachment seems reasonable. During the tentative plat process, each lot will be analyzed for HDZ compliance according to Title 19.C. on page 20. 3. New Cross Slopes No allowances are to be made under Title 19 because the pre- development average cross slope of the property does not exceed 15% as calculated in Section I.B.2 of this site analysis. Therefore, new cross slope calculations are not necessary. 58• I _ 1 suRVenHe ~CSON, ARIZONA 85719 ' ' ~, 520.545.7001 ^ J i i i • r • • • i • • i r • • ,o Q 1 O N ~ ~ YN, V t W L C~ O V ~ ~ O ~_ c~ o~ Q~ ~ o~ r z a m u s : = W ;. x b j a n a ~o• • • i • i • • • • • • i • .~ m .~ ~ m ~ D • ~ = ~ ~ O '~ ~~ ~~ ~~ O .C W L C~ ~ V ~ v`./• _ ~_ f~ C Ct O O ~o ZZ ~~ _o w~ \ J J O wal/~~J w'I `• ~_ r 2 > w Z W 2 N f 2 4 7 u O v ~n'.: r'z Z .w = r O _ u~ U Z s v^ ,t w a N G (. r • i i s _~- ,~ • s M s s • • ^ OSHRIN PARK 50' ya~~ SUBDMSION ~ BUFFERYARO EQUESTRIM! A~ ~ ~ ,~ m VARIES ~ EXIST EARTH ~~ a L TO REMAIN W/ iTATION. DNS OF FLOW PROXIMATE. PRELIMINARY e GRADING PLAN X-SECTIONS EL=10.0 R/YV _ - ~'~~ EAST (70rrtlEPoCAL - - - - - - - ;~ SIE ~ ---2.5X ~ F ^--~I PAD PPE i ~~ ~ ~~~ ~ ~ 4. - , ~~,~ ~~~~ e PROOUCnoN ~ 25' LOTS ~ ~~~ m EXIS'11Nc GROUND - '~ '~ CONSULTANTS "~'~"' CPE Consultonts, LLC nAMMI1N f555 EAST BROADWAY CMU WALL W/ NIRrlYpl~ IUCSOAI, ARIZAfVA 857!9 tXN~1CRETE BASE 520.545.Tl101 ^ I EXI-NBIT II.D1d 15% SLOPE ENC~iOAC~~ENT CUSTOM LOT GRADING SECTI~V ~'~~~._ _ EXIST NATURAL ~~ -= `~~ ~, GRADE ~ 3 ~ o , ~- r- o . N RETAINING WALL b a 8 MAX ~ ~`' RETAINING WALL 7' MAX -~ R I 30' BUFFERYARD "D" PLANTING BENCH 6'f DECORATIVE EARTHEN FACADE ~~ ~- VARIES _ _ _.~ _ FFE ~ _~ PROPOSED CUT AREA- NEW GRADED PAD C~pC~ PROPOSED HOUSE CONSULTANTS '''~~"' CPE Consultcnts, LLC ~N+~ 1555 EASr BROADwar ~~~ TUCSON, AR/ZQNA 85719 52~5I~7001 / G3• ~•+ ~ w ~ a~ ~ ~' ~~ O c o N ~t ~ ~_~ ~ ~p = Z cN 0 O V ~ ~ t6 ~~ f02 ~ d ~ \V ~ iy _ ~ v ~ o N~ p N V ~ ~ ~- C ~ ` C y U a ~~ ..+ ~ 3 = Qw oc~ wa0 ~ o oc~n 0 °o~ M O~ a 4 ~ s W ILE. HYDROLOGY 1. 2. Tentative Development Plan (TDP) Response to Part I Hydrologic Characteristics The TDP (Exhibit II.B.1) shows that the Willow Ridge project consists of two contiguous parcels that are distinguished by their density of development. The 38-acre upstream parcel east of Camino de Oeste shows commercial development, open space, and 30 single-family detached lots. The 65-acre downstream parcel west of Camino de Oeste shows commercial development, open space, and approximately 170 single-family detached lots. Proposed construction shown in 90% plans for Cortaro Farms Road (Pima County W.O. 4TCFIT) is discussed later in this Section as it affects the TDP. In Part I of this report on Exhibit I.C.4, there are four floodplains delineated where the 100- year runoff is 50 cfs or greater. This information has been superimposed onto Exhibits II.E.3 and II.E.4. For the purpose of discussion, these floodplains are defined as A5, A6, A7, and A10, their designated numbers corresponding to their downstream concentration point (CP) numbers. The TDP preserves most of the 404-washes contained in the four floodplains. A detailed discussion of onsite 404-washes will be forthcoming in a drainage report to be prepared during the platting process for this project. The future drainage report will consider drainage from the standpoint of widening Cortaro Farms Road in concert with this project. The 2-lane strip-paved roadway will be upgraded to a four-lane with curb-and-gutter, sidewalk, raised median, storm drain, lighting and landscaping improvements extending from just east of the Union Pacific Railroad to a point near the east end of Willow Ridge, a distance of approximately 1.2 miles. The offsite channel conveying flow from CP 4 to CP 8 will remain without modification. Flow from CP 4 passes over the southern 100-foot tip of the project into the offsite channel and will continue to do so. In this area, overflow from a detention basin within the Tucson Community Church property enters the Willow Ridge project and joins flow from Pima Farms Road. This combined flow is conveyed in the offsite channel to the northwest, passing through CPS, CP6, and CP7 to CP 8. Encroachment/Modification of Drainage Patterns In the upstream parcel, grading will be limited to street and house pad areas, so there will be minimal encroachments into the A6 floodplain branches and into natural channels upstream of the AS and A6 floodplains. In the downstream parcel, the AS floodplain will have minimal encroachments along its boundaries and the A6 floodplain will be mass-graded for lots. The A7 floodplain will be modified to a minimum 100-foot width and also flow in a concrete box culvert {Exhibit II.D.Ic, Preliminary Grading Plan). GS. The A10 floodplain will have minimal encroachments in its natural area between CP 1 and CP 9. Between CP 9 and CP 10, the existing constructed channel will be reconstructed to flow southeasterly instead of northwesterly. Redirecting flow in and adjacent to the A10 floodplain is central to the drainage concept for improvements to Cortaro Farms Road. In all three alternatives discussed herein, the Qioo = 325 cfs shown at CP 10 (Exhibit I.C.4) is assumed to be eliminated so that flow in the roadway cross-drainage structure currently designed at CP 1 will not return to the roadway at CP 10 and require another structure. Estimated detention/retention storage volume requirements associated with the project are listed in Table II.E.2. Estimates were calculated for the commercial and residential areas using onsite drainage acreage (A) and other hydrologic data in the appropriate equations. For onsite detention, Qo is 90% of the existing peak 100-year flow and Qi is 100% of the developed peak 100-year flow. The redirection of flow in the A10 floodplain will be in the 93-acre residential area where 9.69 acre-feet of required storage volume is estimated. This volume is then used for discussion of the three alternatives in the context of existing and developed 100-year peak flows at CP 8. In each alternative, Qi = 2.5 cfs per acre, using Qioo = 1284 cfs, D.A. = 514 acres, given for CP 8 herein. In Alternate 1, A = 631 acres =the sum of the CP 8 and CP 10 Drainage Areas (514 + 117, Section I.C.4d). In Alternate 2, Qo = 1284 cfs =the existing conditions peak 100-year flow at CP 8. In Alternate 3, A = 529 acres = CP 8 area + CP 10 area - CP 1 area (102 acres, Section I.C.3; 514 + 117 -102 = 529). Alternative 1 accepts all runoff at CP 1 and conveys it to CP 8 where the developed peak flow is greater than the existing such that the 9.69 acre-foot requirement is maintained. This alternative would require improvements to the earthen channel downstream from CP 8 and could be a viable concept if 404-wash requirements remain uncomplicated. Alternative 2 accepts about half of the runoff from. CP 1, has equal existing and developed peak flows at CP 8, and 9.69 acre-feet of detention storage. This alternative or some other sharing of the 325 cfs at CP 10 between Willow Ridge development and Cortaro Farms Road improvements is likely to be designed, depending on future drainage/cost analyses. Alternative 3 would intercept all of the flow at CP 1 and divert it westward along the north side of Cortaro Farms Road in roadway drainage facilities. This alternative could be cost effective if private detention facilities one-quarter mile west of CP 1 along the north of Cortaro Farms Road can be integrated with construction of roadway improvements. In any case, 2-year surface runoff from Willow Ridge will be prevented from discharging westward from CP 10, eliminating the upstream drainage area's contribution to the recurrent nuisance ponding in the existing frontage road area west of CP 10 discussed in Section LC.1. The alternatives and calculations herein are preliminary and provide a starting point for more rigorous analysis and design for Cortaro Farms Road and the Willow Ridge project. Drainage Detention/Mitigation Areas shown on the Preliminary Grading Plan (Exhibit II.D.Ic) should be considered schematic. The final grading plan will be environmentally sound within the context of public safety. Gb• ~. i i ~. '~ Table II.E.2 -.Willow Ridge DetentionlRetention Calculations employ equations given in Pima County/City of Tucson Stormwater Detention/Retention Manual (SDRM) Estimated storage volume in acre-feet (Ac-ft) Detention: Equation 3.4, SDRM, page 34 Retention: Equation 3.3, SDRM, page 32 Commercial West of Cmo. De Oeste Detention Total Ac-ft Retention 0.41 Commercial East of Cmo. De Oeste Detention Total Ac-ft Retention 0.30 Residential Detention Total Ac-ft Retention 9.69 CP 8 Alternative 1 Detention Alternative 2 Detention Alternative 3 Detention 3. Map of Potential Drainage Impacts to Offsite Land Uses A map is presented as Exhibit II.E.3. 4. Engineering and Design Features Addressing Drainage Problems The Willow Ridge project will use structural and non-structural design features to address drainage problems. A map of these features is presented as Exhibit II.E.4. ~~ • Cw 100-yr P~ A Qi Qo Ac-ft 0.580 3.00 3.95 36 20.7 0.29 Cw 100-yr P~ A Qi Qo Ac-ft 0.580 3.00 3.34 28 18 0.21 Cw 100-yr P, A Qi Qo Ac-ft 0.699 3.00 93 661 382 8.23 Cw 100-yr P, A Qi Qo Ac-ft 0.560 3.00 631 1576 1432 9.69 Cw 100-yr P~ A Qi Qo Ac-ft 0.560 3.00 572 1428 1284 9.69 Cw 100-yr P, A Qi Qo Ac-ft 0.560 3.00 529 1321 1177 9.69 Cw dev Cw ex 5-yr P~ A Ac-ft 0.851 0.290 1.50 3.95 0.12 Cw dev Cw ex 5-yr P, A Ac-ft 0.748 0.290 1.50 3.34 0.09 Cw dev Cw ex 5-yr P, A Ac-ft 0.501 0.250 1.50 93 1.46 M ~ d LLJ ~ ~ ~ ~ ,0 ~ r•+ (~ :Q ~ 'y .= tQ 3 t C ~ t0 ~ _0 waOG ~ 3 C .C 'Y ° ` •m Z' ~ 3 a °> ~ ~~ c w ~ m ~ ~- ~ -a y Z a~ ~ a a i o ~ o ~ m o O ~ ~ c}•~ ~ am ~ w. c °~m cia°o ~ O ~ ~ z ~ ~ I ~n ^~ ~ a 0 I . w ~ O o ~ ~ s ~ = W ~• cuua o;oyaoyy0 JVd Non-structural features will be used in both the upstream and downstream parcels of the project and will allow most washes to remain natural. Open space in both parcels will preserve the natural landscape, infiltration of rainfall, and attenuation of flood flows. Structural features will include the construction of floodwalls, box culverts, and other drainage facilities for the interception and redirection of flood flows. A dip section along Camino de Oeste is proposed across the AS floodplain. Finished street grades will match existing ground as closely as practical so that there will be no upstream backwater effect. Farther north along Camino de Oeste, runoff from the two branches of the A6 floodplain will be intercepted and routed south to open space. Open space shown on the TDP will allow for the safe detention and routing of less frequent storm events thru the project with protection against erosion and lateral channel migration. More frequent storm events will continue to run along their present course within the open space. The main contributor to the A7 floodplain is flow at CP 2 where the 90% Cortaro Farms Road plans show a 2-10'x5' box culvert crossing underneath the roadway and discharging at existing grade within a roadside drainage easement. It is proposed that a smaller, deeper culvert be designed thru the commercial area and into the A7 floodplain. The roadway profile along Cortaro Farms Road at Camino de Oeste is currently designed about 5 feet above existing grade and should be lowered to be more compatible with the surrounding area and reduce .embankment import costs. Runoff will be mitigated by the Willow Ridge final grading plan. Other culvert flows under Cortaro Farms Road will be mitigated onsite or within new roadside easements determined on a case-by-case basis by future analysis and design. 5. TDP Conformance to Area Plans, Basin Management Plans and Town Policies The Town of Marana General Plan was ratified on March 11, 2003. Willow Ridge is within the Ultimate Limits of the Town Boundary per the Marana General Plan, and this project will be subject to the general principles as set forth in the Marana General Plan document. The project is subject to guidelines set .forth in the Town of Marana Flood Plain And Erosion Hazard Management Code, the Town of Marana Stoomwater Master Plan, the Sonoran Desert Conservation Plan, and the Pima County and City of Tucson Stormwater Detention/Retention Manual. The TPD conforms to these documents by providing preliminary design for safe conveyance of regulatory flows thru the project and preservation of 404-washes within open space. It is the Town's policy to improve drainage in post development conditions to eliminate 100% of the 2-year and more frequent storm events' discharge onto offsite properties. A variance is requested to allow discharges of up to 30 cfs at CP 8 during the 2-year event. This will allow for more flexibility in design to meet the Town's policy at CP 10. The existing condition 2-year peak flow at CP 8 is 101 cfs. The proposed construction of drainage facilities in Willow Ridge open space and the Cortaro Farms Road corridor serves the public by providing safe conveyance of Stormwater runoff. The analysis in this Section is subject to the future drainage report for the project that incorporates the reconstruction of Cortaro Farms Road. Any increased onsite flow caused by post development conditions will be balanced by drainage facilities as recommended by the future drainage report and accepted by the Town of Marana. ~ ~ • Z O N N O v J 6 ~ ~ N V ~ ~ N Q O C ~. W Q ~ c a Q W Q N C W N g 0 m d ~ ~ p W ~ ' ~ L ~ • ~ 3 s N ~ w ~ LL ~ O O ~ Y ~ ~ t0 ~ Z' ~ c Z' ' c ~ o " w m 3a w ~ vv °~ C ~ co co a~aa ~ a j o co ~ ~za~m ~ ~ °o 2 a; > - o c o ~ ?~ am R1 c o 'C , °o°o ~ 3 o ~ ~ o'o°oy p ~ C ~~m tL ~ Ud~O p < '"' ~ b u = z ~ U ~_ ~ :~ , 0 ~O~ ZOOZ o3o4d043~0 ~JVd F. VEGETATION L Response to vegetation density The Tentative Development Plan provides for grading and disturbing approximately 78 acres, leaving approximately 25 acres as natural undisturbed open space. Vegetation will be retained in several areas with the greatest vegetation density preserved as part of the property's natural undisturbed open space. These areas include parts of two open space corridors, land outside building envelopes on the custom lots east of Camino De Oeste, and one patch ofhigh-density vegetation that is located on the southern portion of the property. Native vegetation will also be preserved within designated buffers along the property boundary although some of these buffer areas have been impacted from past grading activities and would be enhanced, or landscaped, using native plant material salvaged from the property. The buffer areas include: • 20-foot buffer around the future commercial areas. • 20-foot buffer around the custom home block. • 20-foot buffer along the. east side of the production lots on west side of Camino de Oeste and the northern property boundary with Cortaro Farms Rd. • 50-foot buffers along the western property boundary. As noted earlier in section LD.1, a detailed inventory of high-density Saguaro communities and areas of high~lensity stands of mature ironwood and palo verde trees has not been prepared as part of the rezoning application. As part of the preparation of the tentative and fmal plat, an inventory of saguaros, palo verde, and ironwoods will be conducted. To the extent possible, specimen trees and saguaros will be preserved in place. This may entail encroachment into areas within the tree drip line or within 30' of large specimen saguaros. Salvageable plants will be transplanted on site for use in common area landscapes and to enhance Natural. Open Space. Plants that cannot be preserved in place or salvaged for use in common areas of the project will be made available for use in Marana's existing parks, community centers, or natural preserve areas. All transplanting activities will be carried out by a reputable firm using the highest industry standards to ensure maximum survivability of specimens. Exhibit ILB shows the open space corridors, natural undisturbed open space, and buffer areas that are proposed for protection and or enhancement. Vegetation will also be preserved by implementing. a maximum grading limit of 10,000 sq. ft. per building site on the 30 custom home lots (Exhibit II.B.). All areas located within the custom lots that are not contained within the limits of the building envelopes will be protected in perpetuity by a conservation easement. The applicant will work with the Town of Marana to determine the most efficient manner in which the natural undisturbed open space may be monitored and maintained. 2. Recommended Mitigation Measures Due to the significant vegetation found within the subject property, the applicant will comply with the Town of Marana's Native Plant Preservation Ordinance (NPPO; Title 17.02.11B of the Native Plant Program.. Pursuant to the Tentative Development Plan, the project will impact approximately 75% of the property. The remaining approximately 25% will be preserved as natural undisturbed open space as described above. The goal will be to allocate 40% of the site for natural undisturbed open space, natural open space (enhanced), and active recreation. In addition, approximately $1,000,000 will be contributed ~ ~• to the Town of Marana as part of a voluntary open space impact fee for the purchase and preservation of important wildlife habitat. The location of this important habitat will be determined by the Town in consultation with US Fish & Wildlife and others. Where possible vegetation salvaged onsite as required. by the NPPO will be replanted along drainage ways, buffers, and degraded areas to enhance habitat characteristics of the property. 7L• G. WILDLIFE Several areas considered to provide the greatest function and value as wildlife habitat will be preserved as part of the projects natural open space as described in Section F. The Tentative Development Plan integrates natural open space in strategic locations on the property, to provide for habitat and dispersal of wildlife through and around the property. These open space areas, which consist of washes and natural buffer areas, will provide a linkage to habitats on all sides of the property as displayed in Exhibit ILB. Two primary 100-foot wide open space corridors transect the property and connect with buffer areas providing a natural pathway for wildlife dispersal. One of these corridors transects the property from Cortaro Farms Road on the northwest, southeast to the Camino de Oeste alignment. The second primary corridor transects the property from Cortaro Farms road on the northeast, southwest to the edge of the site. These corridors intersect in the center of the property. Across section of these corridors is provided in Section ILD. These open space areas have been configured to allow for dispersal of the endangered CFPO and other wildlife between the property and adjacent habitat to all sides. The wildlife values of these areas have been further enhanced by making them wider at the point where they enter the property, allowing wildlife to natural funnel into these areas. Native plants would be maintained and enhanced in these areas to create a buffer between the natural wash channel and the developed areas. The natural open space will be buffered from the development by a stem wall. The applicant originally proposed a 5-6' masonry wall between the development and the open space corridor in the western residential area of the site. Marana staff has recommended that this wall be changed to a 3' stem wall with 3' of view wrought iron fence added to the top. This may slightly reduce the corridors value to wildlife because there will be less screening of human and domestic animal noise & activity. In the Custom Lot, eastern portion, at most there will be a maximum 3' stem wall with no additional block wall or view fencing to further restrict wildlife migration. Any areas within the open space corridors or buffers disturbed during construction will be reseeded with a native plant seed mixture and / or enhanced with salvaged vegetation. The natural undisturbed open space acreage found within the custom lots will provide additional wildlife habitat. These habitat values will be further enhanced by configuring the building pads in a manner that protects the highest quality vegetation possible and provides adequate spacing between units to allow unimpeded use of the open space by wildlife. The applicant will consult with Marana staff and the USFWS for technical assistance in determining the best possible layout to maximize this areas value to wildlife. Additional measures to conservation wildlife may also be incorporated into the final development plan. These measures may include landscape restrictions, vegetation. management restrictions, domestic animal control, fence restrictions, conservation easements, and Home Owners Association (HOA) restrictions on uses of the open space corridors. The applicant has been conducting ongoing discussions with the USFWS in order to develop this Tentative Development Plan in a manner that provides conservation benefits to the endangered CFPO. Additional conservation measures for the endangered CFPO may be developed as necessary upon consultation with the U.S. Fish and Wildlife Agency as part of the permitting process. 73. ILH. VIEWSHEDS 1. Visuallmpact a. Views from off-site. Refer again to Exhibits I.F. l a-d. b. High Visibility. Exhibit LF.2 maps areas of medium visibility and high visibility. The medium visibility area on the west boundary of our site will be mitigated by a 50' landscape , buffer yard and a restriction against 2-story residential building for a distance of 300'. The high visibility area on the north boundary of our site will be mitigated by a 20' landscape buffer yard and a restriction against 2-story buildings for a distance 300' south of Cortaro Farms Rd. r ~ y. Access A collector roadway system is proposed on this tentative development plan to extend through the western part of this development from Cortaro Farms Road to an extension of Camino de Oeste located south of the existing signalized intersection. The plan also proposes additional local street connections and driveway access for the commercial parcels on Cortaro Farms Road. Site Traffic A preliminary estimate of vehicular trips generated by this project is based on a total of 200 homes and 6 acres of commercial uses. We utilized the average trip rates published in the Institute of Transportation Engineers Trip Generation, 6r'' Edition for land use categories 210 -Single Family-Detached and 820 -Shopping Center. Total trips generated by the project are estimated at 190 trips in the AM peak hour, 315 trips in the PM peak hour and 3,260 trips during the average weekday. We estimate thaf about 20 percent of these trips will remain internal to the project, representing trips between the new residential development and the new commercial development. Of the remaining 80 percent, we believe that 15 percent will be from the existing traffic stream .resulting in about 2,180 new daily trips generated by the project with 125 new AM peak hour trips and 210 new PM peak hour trips. These trip reduction estimates are based on ITE methods, national studies, and our previous work in the general study area. Future Traffic Volumes and Distribution The future daily traffic volumes and level of service of the roadways impacted by the project are estimated by adding the site traffic volumes to the existing volumes plus estimating regional growth, or background traffic on the roads at 2.5 percent per year over a two-year buildout period for completion at the beginning of 2006. The freeway is used for access to major employment centers located southeast of this area along I-10. Shopping facilities are located west of 1-10 in Continental Ranch and east along Cortaro Farms Road and Thornydale Road. We estimate that 70 percent of the traffic will travel to/from the west and the remaining 30 percent will travel to/from the east. Intersections Volumes Based on these assumptions, it can be expected that about 70 percent of the site #raffic will travel through the intersection of Cortaro/Westbound Frontage Road, and 30 percent will travel through Cortaro Farms/Old Father. External Roadways The following table provides an estimate of site traffic on the area roadways at buildout. Mote that site traffic on Camino de Oeste, south of Cortaro Farms Road is equal to 70 percent of the total trip generation, including trips within the site. Site traffic estimates on Cortaro Farms Road represent the external trips generated by the project .Also included is an estimate of new ADT based on regional growth in the area of about 2.5 percent per year during the ..construction period. The future LOS is provided based on improvements completed by buildou#. Construction of Cortaro Farms Road improvements west of Camino de Oeste is expected to begin in 2004 and construction of the segment east of Camino de Oeste is not scheduled to begin until 2008. It is possible that buildout of both Willow Ridge subdivisions and the commercial .corners will be :completed as-early as 2007. Therefore, the eastern segment of Cortaro Farms Rd. could operate at LOS F #or a year in between construction widening projects. ~s• i • i • i • • Exhibit 11.1.1 Estimated Roadway Performance/Willow Ridge Current Regional ADT Growth {2004 Site New Pcnt Segment Capacity {2003) 2005) Traffic ADT V/C LOS Site Cortaro Farms Road: 1-10 to Camino de Oeste 30,000 16,200 810 1,530 18,540 0.62 C 8% Cortaro Farms Road: Camino de Oeste to Thornydale 15,000 17,200 860 650 18,710 1.25 F 3% Camino de Oeste: north of Cortaro Farms Road 15,000 5,000 250 0 5,250 0.35 8 0% Extension of Cmo de Oeste south of Cortaro Farms Rd 15,000 0 0 2,280 2,280 0.15 A 100% Pima Farms Road: Cerius Str to Cmo de Oeste 7,000 700 35 0 735 0.11 A 0% Internal Roadways The internal collector roadway will carry about 2,000 vehicles per day (vpd); ADT on the local streets will be no more than 400. The extension of Camino de Oeste, south of Cortaro Farms Road is projected to carry about 2,500 vpd. Site Traffic Mitigation The following traffic mitigation measures and enhancement to site access are recommended. • Reconstruct the Cortaro Farms/Camino de Oeste intersection as a contemporary four-legged, signalized intersection with tum lanes and pedes#rian actuation. This could be included in Pima County's improvement plans, or it could be designed to conform to County plans and be constructed ahead of the County's project. • Pedestrian and bicycle access to Pima Farms Road south of the development should be induded in the project's intemal design. • Internal streets should be designed to local street standards of Pima County or Marana, as appropriate. • Development impact fees generated by the development should be used to advance the Cortaro Farms reconstruction project. Marana's current roadway impact fee for the area is $2,534 per single family home (non-age restricted). • Internal streets are intended to be public and will meet the Town of Marana's design standards relative to right-of--way, cross section, and design speed. • The .operational impact of this development on nearby. intersections and the requisite mitigation (if any) will be addressed in the detailed Traffic Impact Study, which will be submitted with the subdivision plat. • The. proposed jurisdictional roadway improvements to Cortaro Farms Road will include amenities for all modes, including bicyclists and pedestrians. ~~. ILJ. PUBLIC UTILITIES Sewers: Sufficient public sewer conveyance capacity exists and no augmentation must be completed in order to effectuate this project. Pima County Wastewater will allow this project to connect to the existing 12" sewer (G85-80) in Cortaro Farms Road near Spanish Bayonet Drive in Oshrin Park at the NW corner of our project, perhaps the lowest elevation of the site. (See PCWM letter on next page). Connection will probably be made at Manhole # 13 in this area where the existing sewer is located 8' below grade. See Exhibit II.J.1. Though most of Cortaro Farms Rd. is higher than Willow Ridge, it is not true at the NW corner of this site. Sewage will flow from Cortaro Farms Rd. on the north to Pima Farms Rd. on the south where it will then turn and flow NW to the low point at the NW corner of this site. This project will be required to build an 8" sewer throughout the project and provide flow-through access points located along the east and south property lines for adjacent property owners. Pima County has not requested flow-through access to Oshrin Park. Water: Water will be provided by the Town of Marana. This project will build an 8" water line through the site from the existing municipal well on the west boundary of this property. This water line will either then loop west along Cortaro Farms Rd. to the existing line at Hartman Lane or southwest to Pima Farms Rd. to connect to an existing water line in Oshrin Park. We have been working with the Town of Marana Water Dept. to add a pressure tank from the west well to serve the subdivision temporarily. Ultimately a new storage tank location will be determined north of Cortaro and flow back to the subdivision by gravity. An existing irrigation well in the middle of the west boundary will be relocated to the south boundary at Pima Farms Rd. by the developers of Willow Ridge.. This existing irrigation well will be converted to domestic use together with the domestic well already located there. i~. FRC1#`1 : T ~~~!#'v F MHF;i=iiyt=-i - Ft_i=it'v#'J i ivy ~ Fi=i7w Pd, : ~~~t-c9 f -~ r `~~ ii,nt--, 1;' 2e`~4~='+ i 1: 2onii Pe Mar [l~ Q4 f}5: i9p p.I r~ ~Rr u'~~ ~~,~ ~~ ~1-~VEL~D~f~II~;N'T ~ER'V~C~S T~~P:~I~.TIt-~El~~< n~~r~#~OFtv~~N'Ir R~vt~w nrvlstaty ~~IL Al. Stpne Av~tit{C, ~"~ FIOOP TttcSOnT Arizona 8S7Q! ° t 207 ~.~R~lfl~~ ~E~~~V~a~`, ~~. u#i~ric: (5Lit)74U-6SRti 17irear lYiaroh $, ~~~~ MEMQ TQt Szac Hertdcrson, Ucvcldpznant CaQrdirzator, Tca~wn of iViarctna ~er-elopzncnt Center FiltUNt, Tiny R.awe, F.E., Develcapzncnt Review Engineer (Wastewater) aU$JE~'; Wilfou~ I2.idge f~.ezcanin~; ECQrt~ra Farms Road & Cacz~.ino Lae ~)e*~te3 Rezonint; I'CZ-(l3 l4~ { We Piave reviewed the af~ove mentioned project az>d offer ~~?fallc~wuig cc~mmez~ts; This project will be tribxztary to the Cgntirtental Ranch Sewage Pumping Station and the Ina Road'l)4'ater Pollution Control Facility. Per PCWWM Planning Services, them is currently treatrnezzt artd conveyance systcnt capacity is the existing dawnstream sew~ra~e systcn~ for Chic development. This resp4nsc is rtat tv be construed a5 s~ cnmznitment fir treAtment or conveyance capacity ailocatitrn, but rather un analysis of the existing sewc#~gc system a$ of this date. If cartditic-r~s change between now at?d the time a 1•c~rmal Sewer Service Agrment is established between ~e ewner Qf record and Puna Catuaty dt>rin.g the plattin g procc;ss, the pro~ca-ty owner may Ise rewired tt~ augzxzezat the existing. public se~.ve~ge system in order to provide adequgfe t~~eatment aztd cot~veyat~ce capacity far this project. The nearest public sewer to which this parcel cr~~~fd connect is the i Z-izzckz 4eu~rer five, Cr-$~-8Q, lc~cat~l along the north edge of the property in tf~e Cortaro Road right of way., If this parcel cozmects to the public sewer, ~e conza~ectivn must be zrzade at tkze tacation anc~ in the rz~~zner spccif ed by WWastewater Management at the time of review Qf the tentative plat or dev~loprzteztt plan. The pttopert~ owner zrtust provide a pzzblic flow-through sewez at the toeatinzts de4ign~ted by Wastewater Management far the upstream. tributary area tQ tfae east, The Fima County Waetcwa~tcr M.anagezneztt l~epartrzaerzt has rtn nbjectir~ns to tlae prc~ptased rezaning. ifyou wish to discuss the af~vve Comments, please cantaot not; a 740-6586. /~ Tim. Rowe, F.l . ~ ~~ ~ ~ I7evelupznent Review engineer ~~Vastewater) '~ftt° copy: Project P1FlR-1 ~ -~GtGl~3 WF[? 9 1 : 't ~ F-1h1 T[l: ~~,Tt~ ~L i=tt~!#~llh~tG `~- ~t-1t~dIhJ~~ iCt. Fi~~E: 0 0 ~ 3 ~ 3 ~ ~ r ~ vOi O ~ u0i rn C ~ ~ ~ = y L 'C ~ - e 0 v c c e u> ~ ~ o ~'' 3 c wE . w~ C ~ o N ~ o ~a W W ~ ' ~ U n .~ V+ J Q (V o a ~ I j y c,- p~; ,~p: ~ ~~ W ~O d` (V r ~ M ~ ~ ~ X ao W ! st ~ p' N M N ~ N O 2C O ~~ ~ M ~' ~ 2 r ~ ~i _ ~ fj _ X i N W W ? X W ? • ~ + .A S~c "~ J a ~•' 'r E+. .l. -4~ 'fi 6 ..; ~ . . ;y~ . ,y YR ¢, w- ,p, i ~ r gee: ~ ~ ~ _'~ ~ ; V ; . ~ R ~~ ' ` ~ i ~^ ` ~ 'k .eu'+K~:n e r~ ~r,' m~F,.r "T ;`~~ ~. •' ~,-~a'~P`~Y ~ fh`r ~' -j'~; :~'.ws~• i;.~e 'f~r z, ~...;~y~+ a,~;=~"„"~11~ s=. f.. ~ ° ~Y~t r:~ i. e~~v. ~,~+i .i~.. _ ::..ter a.y~ y .. ~., .XK': !n6.d /-. .~. .q a:,. . .:'IY-e"::M°V!.'"4 ~.:..: .d o a-- -- ~ asap as o wa ;~~ 4 .; . r. .,,~ _ F ~ ,.ww ~ . .. v.. ~ ",'., ~ .. y~• i O ! ~~~ } ~ E. ~ V . ~e~ `k~ ~ a S ~ '3 ~ y ~ R~ g ~i s , ~ ,~{ k ~ ~,Ys~ f~ ~" ~ 'O ~.. ~ ~~ ~ ; •'a ~ .7 ' .. .. .~ f ~ t d _~~ ~ q .a '..~ j ~ .. ~ • . ~ 3 ~' i~ S - t:a: ~ a~ Q ~ 1 ! Vii, ) f.. • ~` `rte 1 sf ~ 4 9 ~ '~ ~ ~ 3 _ ~`~.. i "'iii € ~ i~t y ~t /.f r rRa'. ...# 1 i~ .. .~, i • i~ ~~ ~ ~ k. ` - ~~ Z o,7 o43iC . ~ Gas: Southwest Gas serves this site and there is an existing main gas line located on the north side of Cortaro Farms Rd. east of Camino De Oeste. This gas line is also located north of the signalized intersection within the Camino De Oeste right of way. Electric: TEP serves this site and has "plenty" of capacity with 3- phase lines existing within and around this project. In all likelihood, electric service to these subdivisions will be provided by an underground connection during reconstruction of Cortaro Farms Rd. to the existing 3-phase line located on the north side of this roadway. ILK. PI~BLIC SERVICE IMPACTS 1. Police, Fire & Sanitary Pick-~~ This development is really an infill site within an existing area that is already patrolled by police from their Orange Grove/Thornydale substation and their Ina/ I-10 patrol division. The same can be said for Waste Management that already provides service in the subdivisions nearby and has the ability to accomodate an additiona1200 homes and 2 neighborhood shopping centers. Northwest Fire likewise serves this existing residential area and has the capacity to add Willow Ridge to its responsibilities. Northwest urges consultation with their Prevention Dept. (now called Life Safety) during the subdivision platting process. 2. Schools & Parks The U.S. Dept. of Education estimates that 9.0% of the children attend private schools. That means 180 homesites rather than 200 will require public school space. Based on current Marana School District estimates of 1/2 elementary school age child/home and 1/4 junior high school & 1/4 high school age children/home, the increased student load is ~8 school age children/home, the increased student load is projected as follows: Quail Run Elementary: 90 students Tortolita Middle School: 45 students Mountain View High: 45 students Quail Run Elementary currently has an enrollment of about 701 students and a capacity of 731. Tortolita Middle has an enrollment of about 1,200 and a capacity of 1,500. Mountain View High has an enrollment of about 2,065 and a capacity of 2,300 students. All schools, with the exception of Quail Run, have sufficient classroom capacity for the additional student enrollment. In addition, the developers of Willow Ridge will make a contribution of $1,200 per homesite to Marana Schools for a total estimated amount of $240,000. This impact fee will provide funding for additional classroom space at Quail Run. This contribution will likely be made to the Town of Marana who will then distribute the money to the Marana School District. Two neighborhood parks -- Denny Dunn and Sunset Pointe -- and one regional park -- Arthur Pack -- already exist within a one mile radius of this project and are open to the public. The developers of Willow Ridge will make a contribution of $1,400 per homesite that will be used for open space acquisition near this site together with the voluntary $5,000/home contribution for a total_ of $1,280,000. ~e• ILL. RECREATIONAND TRAILS ~. On-site Recreation Separate and apart from the voluntary open space contribution discussed in the previous paragraph, 0.73 acres of active recreation will provided as shown on the TPD, Exhibit ILB. This acreage conforms to Marana's new onsite recreation requirement of 185 sq. ft./ homesite. An existing private vehicular access easement along the west boundary of Willow Ridge will provide for a public foot and horse trail from Cortaro Farms Rd. to Pima Farms Rd. The onsite neighborhood streets as well as the Camino De Oeste extension will provide sidewalks. All onsite trails will lead to multi-use lanes that will be provided in the Cortaro Farms Rd. By agreement with Town of Marana Management, the acquisition of open space/ wildlife habitat will be provided in lieu of additional onsite recreation requirements. 2. Ownership The recreation facilities will be owned and managed by the Willow Ridge homeowners associations. 3. Off-site Trail Access There are no off--site trails adjacent to this property as documented on Exhibit I.H.1. $~. M. Cultural, Archaeological and Historical Resources 1. Protection of existing resources Westland contacted the Arizona State Museum (ASM) on December 1, 2003; to determine if any surveys have been conducted to determine presence of cultural, archaeological, or historic resources on the subject property. A Site File Search Request for the Section, Township, and Range of the subject property and a '/4-mile buffer area was made for information stored in the ASM archaeological records database. Results of this .file search indicates that there are known cultural sites in the project area and within the buffer area (Refer to letter from the AZ State Museum, Dec. 1, 2003). The records check indicates that portions of the property have been surveyed prior to 1981, and the area along Cortaro Farms Road, most likely associated with road improvement projects, has been surveyed more recently. On December 5, 2003, Westland was advised by Patricia Castalia of Desert Archaeology, Inc., that recent surveys conducted by that firm along Cortaro Farms Road between I-10 and Thornydale Road failed to find any cultural sites east of Hartman Lane where the road climbs out of the floodplain. However, there are cultural sites along Cortaro Farms Road west of Hartman Lane within the floodplain. A small portion of this area is within the'/4 mile project buffer. 2. Archaeological Survey Any federal environmental permits required for the development of the property (i.e., Section 404 Permit from tlx~ Army Corps of Engineers) would require compliance with the National Historic Preservation Aft (NHPA) In addition, the ASM recommends that a Class III archaeological survey be conducted for the entire property. Therefore, a Class III survey covering the entire property will be performed on all previously unsurveyed portions of the property. This survey will take place prior to rezoning approval by Mayor and Council. The Class III Survey will consist of a records search to review existing databases for information on known cultural, archaeological, or historic sites in the area and a pedestrian survey to document the presence or absence of potentially eligible sites. Should significant cultural, archaeological, or historic sites be identified during future survey efforts on the property, the development plan would be designed to avoid the site(s) if possible, or, managed, or treated in a manner consistent with local, state, and federal requirements. If appropriate, the applicant will recommend. specific mitigation measures be implemented to address any significant cultural sites that may be documented during the pending survey effort The following table provides a definition of significant eligible sites x Table X National Register eligibility criteria (Code of Federal Regulations, Title 36, Part 60). The quality of significance in American history, architecture, archaeology, and culture is present in districts, sites, buildings, structures; and objects that possess integrity of location, design, setting, materials, workmanship, feeling, and association, and: A. That are associated with events that have made a significant contribution to the broad pattern of our history; or B. That are associated with the lives of persons significant in our past; or C. That embody the distinctive characteristics of a type, period, or method of construction or that present the work of a master, or that possess high artistic values, or that represent a ~j V~ • significant and distinguishable entity whose components may lack individual distinction; or D. That have yielded, or may be likely to yield, information important in prehistory or history. 3. Human Burials and Associated Grave Goods The Arizona Revised Statute (A.R.S. 41-865) provides for protection of human burials and associated grave goods located on private land. Should any human remains or grave goods be discovered during construction of the project, ground-disturbing activities in the vicinity of the discovery would cease and the discovery site would be secured. The Arizona State Museum would be immediately notified of discovery and the site would be treated according to local, state, or federal requirements. 82• 'I `, ~~ ~ ~ ~ ~ ~~ t ~v ~' ~pWN nF TOWN COUNCIL MEETING TOWN OF MARANA ; h~A~iAwA ; INFORMATION ,`. '~RILO~P MEETING DATE: Apri120z2004 AGENDA ITEM: IX.B.3 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: .Resolution No, 2004-49: Relating to development; approving and authorizing the execution of a development agreement relating to the Willow Ridge development project. DISCUSSION This proposed "Willow Ridge Development Agreement" relates to and should be considered in conjunction with the proposed Willow Ridge rezoning, which is also on tonight's agenda. If ap- proved, some of the key elements of this development agreement include developer obligations to: 1. Pay the Marana South Transportation Development Impact Fee (currently $2,435 per. "equivalent demand .unit") for residential development and the Pima County. Transporta- tionDevelopment Fee for commercial development. 2. Contribute $6,400 to the Town of Marana for each residential lot, to be used to acquire, maintain, enhance and improve lands in the general vicinity of the subject property for passive recreation, open space preservation, habitat restoration and disturbance mitiga- tion. 3. Contribute at .least $700,000 toward the design and construction of Cortaro Road, includ- ing $50,000 for regional drainage solutions that benefit the subject property, creditable against the construction sales tax devoted to transportation. 4. Contribute a School Improvement Contribution Fee of $1,200 per residential lot, payable to the Marana Unified School District. 5. Install construction fencing to assure that all areas required to remain in their undisturbed natural state are protected during construction. Because it carries out many of the applicants' obligations under the Willow Ridge .rezoning, this development agreement is effective: on the effective date of the rezoning. FINAL BLU 040420 Reso 2004-49 Willow Ridge ~A.doc-1- 4/12/2004 4:56PMFJC t RECOMMENDATION Staff recommends adoption of Resolution No: 2004-49, approving. and authorizing the execution of the. Willow Ridge Development-Agreement. SUGGESTED MOTION - I move to adopt Resolution No. 2004-49. FINAL BLU 040420 Reso 2004-49 Willow Ridge DA.doc-2- 4/12/2004 4: 56 PM FJC ~1 L...J MARANA RESOLUTION N0.2004-49 RELATING T O D EVELOPMENT; A PPROVING A ND AUTHORIZING THE EXECUTION OF A DEVELOPMENT AGREEMENT RELATING TO THE WILLOW RIDGE DEVELOP- MENT PROJECT. WHEREAS, the Town of Marana is authorized to enter into development agreements and pre-annexation development agreements pursuant to A.R.S. § 9-500.05; and WHEREAS, the Mayor and Council of the Town of Marana find that entering into a de- velopment agreement with CPE Development Company, Inc. and the three underlying landown- ers relating to the Willow Ridge development project will promote the public health, safety and welfare by facilitating orderly development that pays its fair share of costs toward public services needed to serve the development. NOW, THEREFORE, BE IT RESOLVED by the Mayor. and Council of the Town of Ma- rang, Arizona, approving and authorizing the Mayor to execute the "Willow Ridge Develop- ment Agreement" in the form attached as Exhibit A to this Resolution, and authorizing the Town Manager and Town staff to undertake all other tasks required to carry out the terms, obligations, and objectives of the development agreement. PASSED A ND A DOPTED B Y T HE M AYOR AND C OUNCIL O F THE TOWN OF MARANA, ARIZONA, this 20~' day of April, 2004. Mayor Bobby Sutton, Jr. ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney • 04-20-04 Res 2004-49 Willow Ridge.doc 4/12/2004 5:11 PMFJC • WILLOW r21DGE DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("this Agreement") is made by and among the TOWN o~ MARANA, an Arizona municipal corporation (the "Town"), CPE DEVELOPMENT COMPANY, INC., an Arizona corporation (the "Developer"), Richard R. Gentry, Sr. & Geneva R. Gentry, as Trustees of THE RICHARD R. GENTRY, SR. & GENEVA R. GENTRY TRUST U/A DTD 8/22/00 (the "Gentrys"), CORTARO ROAD 20 ACRES 7226, a partnership (the "7226 Partnership"), and MESSINGER/LEWIN FAMILY, LLC, an Arizona limited liability company ("Messinger"). The Gentrys, the 7226 Partnership and Messinger are collectively referred to in this Agreement as the "Landowners." The Landowners and the Developer are collectively referred to in this Agreement as the "Applicants." The Town and the Applicants are collectively referred to in this Agreement as the "Parties," who are sometimes individually referred to as the "Party." RECITALS A. The L andowners own 102.97 acres of land located on the south side of Cortaro Farms Road east and west of Camino de Oeste alignment (portions of the Southwest Quarter and the Northwest Quarter of the Southeast Quarter of Section 25, Township 12 South, Range 12 East), more specifically Tax Code Parcels 221-15-023B, 221-15-023A, 221-16-026B and 221-16-026C (the "Property"). B. The Developer has an option to purchase portions of the Property and has applied to rezone the entire Property with the consent and authority of the Landowners. C. The Property was annexed into the Town limits by Ordinance No. 2004.05, adopted March 16, 2004. D. The Applicants intend to develop and improve the Property as the Willow Ridge project, an environmentally sensitive single family residential subdivision with a neighborhood commercial center. E. The Parties intend for the Property to be developed in a manner consistent with the following, as amplified and supplemented by this Agreement, all of which together are referred to as the "Applicable Development Regulations": i) The Marana Development Code (including the written rules, regulations, procedures, and other policies relating to development of land, whether adopted by the Mayor and Council or by Town Staff) (collectively the "Marana Development Code"), establishing, among other things, the type of land uses, location, density and intensity of such land uses, and community character of the Property, and providing for, among other things, the development of a variety of housing, commercial and recreation/open space opportunities. ii) The c onditions o f M arana O rdinance N o. 2004.07, a pproved o n A pri120, 2 004 (the "Rezoning"). F. The Town and the Applicants acknowledge that the development of the Property pursuant to this Agreement will result in planning and economic benefits to the Town and its residents. AGT 040414 Willow Ridge DA Final.doc -1- 4/14/2004 4:47 PM Draft G. The Applicants have made and by this Agreement will continue to make a substantial commitment of resources for public and private improvements on the Property. H. The Parties understand and .acknowledge that this Agreement is a "Development Agreement" within the meaning of, and entered into pursuant to the terms of, A.R.S. § 9-500.05. I. This Agreement is consistex~ with the portions of the Town's General Plan applicable to the Property. ; AGREEMENT Now, T xEREFORE, in consideration of the foregoing premises and the mutual promises and agreements set forth in this Agreement, the Parties hereby agree as follows: Article 1. Development Plans 1.1. Development Review. The Property shall be developed in a manner consistent with the Applicable Development Regulations, which together establish the basic land uses, and the densities, intensities and development regulations that apply to the land uses authorized for the Property. Upon the Applicants' compliance with the Applicable Development Regulations, the Town a grees t o i ssue s uch p ermits o r approvals f or t he P roperty as m ay be requested b y t he Applicants. 1.2. Zoning and Plat Conditions. The Applicants agree to fulfill all conditions outlined in the Applicable Development Regulations. 1.3. ArchaeologicaUHistoric Resources. Development of the Property shall meet all Town requirements set forth in Title 2 and Title 20 of the Marana Development Code related to Archeological and Historic Resources. 1.4. Site B uilt Construction and B uildin;; P ermits. All c onstruction o n a ny p ortion o f t he Property, whether sold in bulk or individually, whether subdivided or not, shall be site built and shall require building permits. Article 2. Infrastructure 2.1. Transportation Impact Fee. The Property is located in the Marana South Transportation Benefit Area, requiring the payment of the Marana South Transportation Development Impact Fee for all development located on the Property. The current Marana South Transportation Development Impact Fee is $2,435 per "equivalent demand unit" as established by Marana Ordinance No. 2001.02 for residential development. In addition, Applicants agree to pay to the Town prior to the issuance of building permits a transportation impact fee for those portions of the P roperty t hat are n of d eveloped for r esidential u ses i n t he 1 arger o f the f ollowing: (a) the amount that would have been payable to Pima County if the Property had not been annexed, or (b) the amount payable under the then-existing Marana South Transportation Development Impact Fee, if it is modified to include non-residential development. 2.2. Open Space, Park and Trail System Contribution: The Applicants shall contribute $6,400 to the Town of Marana for each residential lot, payable prior to issuance of a building permit for that lot, to be used to acquire, maintain, enhance and improve lands in the general vicinity of the Property for the purposes of passive recreation, open space preservation, habitat restoration and disturbance mitigation. The lands to be acquired, maintained, enhanced and improved with this contribution shall include essentially undeveloped natural landscape such as ridges, washes, and scenic buffer areas. Such projects may include Santa Cruz River Park AGT 040414 Willow Ridge DA Final.doc -2- 4/14/2004 4:47 PM Draft Nodes, Continental Ranch wash re-vegetation, parcel mitigation and preservation/enhancements of wildlife and equestrian corridors. 2.3. Cortaro R oad D esign and C onstruction C osts. T he D eveloper s hall c ontribute at 1 east $700,000 toward the design and construction of Cortaro Road, as follows: 2.3.1. The Developer shallDire and pay all fees and costs for a qualified civil engineer to design the improvement of Cortaro Road to a four lane divided cross-section from the Union Pacific Railroad Crossing to Camino de Oeste, with a transition to the existing two-lane cross-section at Star Grass Drive. 2.3.2. The Developer shall pay the Town $50,000 upon the issuance of a building permit for a commercial use at the southwest corner of Cortaro Road and Camino de Oeste to be used for regional drainage solutions that benefit the Property. 2.3.3. Upon award of the contract for construction of Cortaro Road from the Union Pacific Raikoad Crossing to Star Grass Drive, the Developer shall pay the Town the difference between $700,000 and the sum of the Cortaro Road design costs incurred pursuant to paragraph 2.3.1 above and the payment (if any) to the Town pursuant to paragraph 2.3.2 above; provided, however, that if the sum of the amounts incurred and paid by the Developer pursuant to paragraphs 2.3.1 and 2.3.2 above exceed $700,000, no additional payment to the Town shall be required under this subparagraph. 2.3.4. The Developer shall be reimbursed for any amounts paid by the Developer under this paragraph 2.3 out of the Town construction sales (transaction privilege) tax devoted to transportation generated from and paid to the Town as a result of construction activity occurring on the Property. 2.4. Water Utilities. Prior to the approval of the Final Plat for the Property, the Applicants shall enter into a Water Service Agreement with the Town of Marana for potable and non- potable systems which sets forth the various agreements of the Parties relating to, among other things, the interconnection and main extension from the existing water system, and the development, construction, dedication, ownership, and design of the water system, including necessary storage and well(s) necessary to serve the Property. The Town will act on the Water Service Agreement within a reasonable time. ' 2.4.1. Transfer of Grandfathered Water Ril;hts. The Applicants shall transfer to the Town, as prescribed by the Arizona Department of Water Resources, the Irrigation Grandfathered Rights (IGR) water rights on .lands deeded to the Town pursuant to the Certificate of Grandfathered Water Rights. On lands not deeded to the Town, extinguishment credits will be transferred to the Town on appropriate Department of Water Resource form. In exchange, the Town shall provide designation of assured water supply and water service to the Property. 2.4.2. Exception for Existing Exempt Well. Nothing in this paragraph 2.4 shall affect the continued operation of the existing exempt well owned and operated for domestic use by the Gentrys, provided that its use is consistent in nature and quantity to the use existing prior to this Agreement. 2.5. Wastewater. The Applicants shall construct the necessary sewer system to serve the Property. The sewer system shall be in conformance with, and subject to, the requirements of Pima County Wastewater Management and the Town, and shall be designed and constructed at sole cost of the Applicants. AGT 040414 Willow Ridge DA Final.doc -3- 4/14/2004 4:47 PM Draft 2.6. Onsite Private Recreational Facilities. Within each platted block or parcel, private recreational facilities shall be constructed on a site of not less than 185 square feet per residential unit. Site and facility design shall be approved by the Town Parks & Recreation Director and. Development Services Director. 2.7. Fire Protection. Before a certificate of occupancy is issued for any dwelling unit on the _,~ Property, the Applicants shall have completed. or shall provide evidence to the Town's satisfaction that the Applicants have made a diligent effort to complete the process of having the Property annexed into a fire district. 2.8. School Land. In lieu of the dedication of land for schools needed to serve the Property, the Applicants shall contribute a School Improvement Contribution Fee of $1,200 per residential lot, payable to the Marana Unified School District. The School Improvement Contribution Fee shall be due and payable at the issuance of the building permit for each residential unit. Article 3. Environmental Sensitivity 3.1. Protection of Undisturbed Areas During Construction. The Applicants shall install construction fencing to assure that all areas required to remain in their undisturbed natural state are protected during construction. Except as specifically modified by the terms of this Agreement, the Applicants shall comply with all Town grading requirements. 3.2. Common Areas: Natural Onen Space. Common areas and any areas to be preserved as natural open space or undisturbed areas as shown on any plats or development plans relating to all or any portion of the Property may be placed in the permanent ownership and control of (i) one or more homeowners associations established by declarations of restrictive covenants recorded over all or part of the Property or (ii) a government or conservation entity the Town reasonably determines is willing and able to permanently maintain the areas as xequired by this Agreement. Article 4. Cooperation and Alternative Dispute Resolution 4.1. Appointment of Representatives. To further the commitment of the Parties to cooperate in the progress of the development of the Property, the Town and the Applicants each shall designate and appoint a representative to act as a liaison between the Town and its various departments and the Applicants. The initial representative for the Town (the "Town Representative") shall be the Development Services Administrator, and the initial representative for the Applicants shall be Raul F. Pina or a replacement to be selected by the Applicants. The representatives shall be available at all reasonable times to discuss and review the performance of the Parties to this Agreement and the development of the Property. 4.2. T int. The Town acknowledges the necessity for prompt review by the Town of all plans and other materials (the "Submitted Materials") submitted by the Applicants to the Town hereunder or pursuant to any zoning procedure, permit procedure, or other governmental procedure pertaining to the development of the Property and agrees to use its best efforts to accomplish such prompt review of the Submitted Materials whenever possible. 4.3. Default; Remedies. If either Party defaults (the "Defaulting Party") with respect to any of that Party's obligations under this Agreement, the other Party (the "Non-Defaulting Party") shall be entitled to give written notice in the manner prescribed in paragraph 7.1 to the Defaulting Party, which notice shall state the nature of the default claimed and make demand that such default be corrected. The Defaulting Party shall then have (i) twenty days from the date of the notice within which to correct the default if it can reasonably be corrected by the payment of AGT 040414 Willow Ridge DA Final.doc -4- 4/14/2004 4:47 PM Draft money, or (ii) thirty days from the date of the notice to cure the default if action other than the payment of money is reasonably required, or if the non-monetary default cannot reasonably be cured within sixty days, then such longer period as may be reasonably required, provided and so long as the cure is promptly commenced within sixty days and thereafter diligently prosecuted to completion. If any default is not cured within the applicable time period set forth in this paragraph, then the Non-Defaulting Party shall be entitled to begin the mediation and arbitration proceedings set forth in paragraphs 4.4 and 4.5 below. The Parties agree that due to the size, nature and scope of the development, and due to the fact that it may not be practical or possible to restore the Property to its condition prior to Applicants' development and improvement work,. once implementation of t his Agreement has begun, money d amages and remedies a t law w ill likely be inadequate and that specific performance will likely be appropriate for the enforcement of this Agreement. This paragraph shall not limit any other rights, remedies, or causes of action that either party may have at law or in equity. 4.4. Mediation. If there is a dispute under this Agreement which the Parties cannot resolve between themselves, the Parties agree that there shall be a forty-five day moratorium on arbitration d wring w hich t ime t he P arties a gree t o a ttempt t o s ettle t he d ispute b y n onbinding mediation before commencement of arbitration. The mediation shall be held under the commercial mediation rules of the American Arbitration Association. The matter in dispute shall be submitted to a mediator mutually selected by Applicants and the Town. If the Parties cannot agree upon the selection of a mediator within seven days, then within three days thereafter the Town and the Applicants shall request the presiding judge of the Superior Court in and for the County of Pima, State of Arizona, to appoint an independent mediator. The mediator selected shall have at least five years' experience in mediating or arbitrating disputes relating to real estate development. The cost of any such mediation shall be divided equally between the Town and t he Applicants. T he r esults o f t he m ediation s hall b e n onbinding o n t he P arties, and any Parry shall be free to initiate arbitration after the moratorium. 4.5. Arbitration. After mediation (paragraph 4.4 above) any dispute, controversy, claim or cause of action arising out of or relating to this Agreement shall be settled by submission of the matter by the Parties to binding arbitration in accordance with the rules of the American Arbitration Association and the Arizona Uniform Arbitration Act, A.R.S. § 12-501 et seq.: and judgment upon .the award rendered by the arbitrator(s) may be entered in a court having jurisdiction. Article 5. Protected Development Rights To establish legally protected rights for the development of the Property in a manner consistent with this Agreement and the development regulations that now apply to the Property and to ensure reasonable certainty, stability and fairness to the Applicants and the Town over the term of this Agreement, the Applicants and the Town agree that the development regulations that now apply to the Property, as amended by this Agreement, shall remain in effect and shall not be changed for a period of seven years after the execution of this Agreement without the agreement of the Applicants. Article 6. Future Impact Fees If the Town adopts an impact fee for the same infrastructure for which Applicants have contributed land or made improvements or paid a voluntary fee pursuant to this Agreement, Applicants shall be entitled to a credit for such contributions as set forth in A.R.S. § 9-463.05. The Parties acknowledge that the Town currently does not have an adopted impact fee for any of the other public improvements for which the Applicants .are contributing land, making AGT 040414 Willow Ridge DA Final.doc -5- 4/14/2004 4:47 PM Draft improvements or paying voluntary fees pursuant to this Agreement, and that the impact fee required to be paid pursuant to paragraph 2.1 above provides funding for the construction of the Twin Peaks/I-10 interchange improvements. Article 7. Notices and Filings 7.1. Manner of Servinl?. All ~etices, filings, consents, approvals and other communications provided for in or given in connection with this Agreement shall be validly given, filed, made, transmitted or served if in writing and delivered personally or sent by registered or certified United States mail, postage prepaid, if to (or to such other addresses as either party hereto may from time to time designate in writing and deliver in a like manner): To the Town: Town of Marana Town Manager 13251 N. Lon Adams Road Marana, Arizona 85653 To the Developer: CPE DEVELOPMENT COMPANY, INC. Raul F. Piiia 1555 E. Broadway Blvd. Tucson, Arizona 85719 To the Gentrys: Mr. & Mrs. Richard R. Gentry, Sr. 4945 W. Cortaro Farms Road Tucson, Arizona 85742 To the 7226 Partnership: CORTARO ROAD 20 ACRES 7226 Victor Cuevas, Manager c/o Jose Rincon/Long Realty 6410 E. Tanque Verde Tucson, Arizona 85715 To Messinger: MESSINGER/LEWIN FAMILY, L.L.C. Jay Messinger, Manager 9351 Kostner Avenue Skokie, Illinois 60076 Article 8. General Terms and Conditions 8.1. Waiver. No delay in exercising any right or remedy shall constitute a waiver of that right or remedy, and no waiver by the Town or the Applicants of the breach of any covenant of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Agreement. 8.2. Term. This Agreement shall become effective upon the effective date of the Rezoning (the "Effective Date"). The term of this Agreement shall begin on the Effective Date and, unless AGT 040414 Willow Ridge DA Final.doc -6- 4/14/2004 4:47 PM Draft sooner terminated by the mutual consent of the Parties, shall automatically terminate and shall thereafter b e v oid f or all p urposes o n t he t wentieth a nniversary o f t he E ffective D ate. If t he Parties determine that a longer period is necessary for any reason, the term of this Agreement maybe extended by written agreement of the Parties. 8.3. Attorney's Fees. If any Party brings a lawsuit against any other Party to enforce any of the terms, covenants or conditions of this Agreement, or by reason of .any breach or default of this Agreement, the prevailing Party'shall be paid all reasonable costs and reasonable attorneys' fees by the other Party, in an amount determined by the court and not by the jury. 8.4. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from such counterparts and such signature pages all attached to a single instrument so that the signatures of all Parties may be physically attached to a single document. 8.5. Headings and Recitals. The descriptive headings of this Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions of this Agreement. The -Recitals set forth at the beginning of this Agreement are hereby acknowledged, confirmed to be accurate and incorporated here. 8.6. Exhibits. Any exhibit attached to this Agreement shall be deemed to have been incorporated in this Agreement by reference with the same force and effect as if fully set forth in the body of this Agreement. 8.7. Further Acts. Each of the Parties shall execute and deliver all documents and perform. all acts as r easonably necessary, from time to time, to carry out the matter contemplated by t his Agreement. Without limiting the generality of the foregoing, the Town shall cooperate in good faith and process promptly any requests and applications for plat or permit approvals or revisions, and other necessary approvals relating to the development of the Property by the Applicants and their successors. 8.8. Future Effect. 8.8.1. Time Essence and Successors. Time is of the essence of this Agreement. All of the provisions of this Agreement shall inure to the benefit of and be binding upon the successors, assigns and legal representative of the Parties, except as provided in paragraph 8.8.2 below. Notwithstanding the foregoing, to the extent permitted by law, the Applicants' rights under this Agreement may only be assigned by a written instrument, agreed to by all of the Parties and recorded in the Official Records of Pima County, Arizona, expressly assigning such rights, and no obligation of the Applicants under this Agreement shall be binding upon anyone owning any right, title or interest in the Property unless such obligation has been specifically assumed in writing or unless otherwise required by law. The Town understands that the Applicants may create one or more entities or subsidiaries wholly owned or controlled by the Applicants for purposes of carrying out the development of the Property as contemplated in this Agreement, and the Town's consent to the Applicants' assignment o f i is r fights under t his A greement t o s uch e ntities o r s ubsidiaries s hall n of b e withheld. In the event of a complete assignment by Applicants. of all rights and obligations of Applicants under this Agreement, Applicants' liability under this Agreement shall terminate effective upon the assumption of those liabilities by Applicants' assignee, provided that the Town has approved the assignment to such assignee, which approval shall not unreasonably be withheld. AGT 040414 Willow Ridge DA Final.doc -7- 4/14/2004 4:47 PM Draft 8.8.2. Termination Upon Sale to Public. It is the intention of the Parties that although recorded, this Agreement shall not create conditions or exceptions to title or covenants running with the land, unless specifically noted above. Nevertheless, in order to alleviate any concern as to the effect of this Agreement on the status of title to any of the Property, this Agreement shall terminate without the execution or recordation of any further document or instrument as to any lot whic~i has been finally subdivided and individually (and not in "bulk") leased (for a period of longer than one year) or sold to the end purchaser or user and thereupon such lot shall be released from and no longer be subject to or burdened by the provisions of this Agreement. 8.9. No Partnership and Third Parties. It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any partnership, joint venture or other arrangement between the Applicants and the Town. No term or provision of this Agreement is intended to, or shall be for the benefit of any person, firm, organization or corporation not a party to this Agreement, and no such other person, firm, organization or corporation shall have any right or cause of action under this Agreement. 8.10. Other Instruments. Each Party shall, promptly upon the request of the other, have acknowledged and delivered to the other any and all further instruments and. assurances reasonably request or appropriate to evidence or give effect to the provisions of this Agreement. 8.11. Imposition of Duty by Law. This Agreement does not relieve any party hereto of any obligation or responsibility imposed upon it by law. 8.12. Entire Agreement. This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter of this Agreement. All prior and contemporaneous. agreements, representation and understanding of the Parties, oral or written, are hereby superseded and merged in this Agreement. 8.13. Amendments to Agreement. No change or addition shall be made to this Agreement except by a written amendment executed by the Parties. The Parties agree to cooperate and in good faith pursue any amendments to this Agreement that are reasonably necessary to accomplish the goals expressed in the Final Plat and Specific Plan as amended by this Agreement. Within ten days after any amendment to this Agreement, it shall be recorded in the office of the Pima County Recorder by and at the expense of the Party requesting the amendment. 8.14. Names and Plans. The Developer shall be the sole owner of all names, titles, plans, drawings, specifications, ideas, programs, ideas, designs, and work products of every nature at any time developed, formulated or prepared by or at the instance of the Developer in connection with the Property or any plans; provided, however, that in connection with any conveyance of portions of the infrastructure as provided in this Agreement such rights pertaining to the portions of the infrastructure so conveyed shall be assigned to the extent that such rights are assignable, to the appropriate governmental authority. 8.15. Good Standing; Authority. The Developer represents and warrants to the Town that it is duly formed and validly existing under the laws of Arizona and is authorized to do business in the s tate o f Arizona. The Landowners r epresent a nd w arrant t o t he Town t hat t hey a re d my formed and validly existing entities under the laws of Arizona and are authorized to enter into the obligations imposed upon them by this Agreement The Town represents and warrants that it is an Arizona municipal corporation with authority to enter into this Agreement under applicable state laws. Each Party represents and warrants that the individual executing this Agreement on its AGT 040414 Willow Ridge DA Final.doc -$- 4/14/2004 4:47 PM Draft behalf is authorized and empowered to bind the Party on whose behalf each such individual is s> gnmg. 8.16. Severability. If any provision of this Agreement is declared void or unenforceable, it shall be severed from the remainder of this Agreement, which shall otherwise remain in full force and effect. If a law or court order prohibits or excuses the Town from undertaking any contractual commitment to perforrm any act under this Agreement, this Agreement shall remain in full force and effect, but the provision requiring the act shall be deemed to permit the Town to act at its discretion, and if the Town fails to act, the Applicants shall be entitled to terminate this Agreement. 8.17. Governin Law. This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of Arizona, and the Parties agree that any litigation or arbitration shall take place in Pima County, Arizona. Nothing in the use of the word "litigation" in the preceding sentence shall constitute a waiver of paragraph 4.5, requiring disputes to be resolved by binding arbitration. 8.18. Interpretation. This Agreement has been negotiated by the Town and the Applicants, and n o p arty s hall b e d eemed t o h ave d rafted t his A greement f or p urposes o f c onstruing a ny portion of this Agreement for or against any party. 8.19. Recordation. The Town shall record this Agreement in its entirety in the office of the Pima County Recorder no later than ten days after it has been executed by the Town and the Applicants. 8.20. No Development Representations. Except as specifically set forth in this Agreement, nothing contained in this Agreement shall be deemed to obligate the Town or the Applicants to complete any part or all of the development of the Property. 8.21. Ap rp oval. If any Party is required pursuant to this Agreement to give its prior written approval, consent or permission, such approval, consent or permission shall not be unreasonably withheld or delayed. 8.22. Force Majeure. I f any P arty shall be unable to observe or perform any covenant or condition of this Agreement by reason of "force majeure," then the failure to observe or perform such covenant or condition shall not constitute a default under this Agreement so long as such Party shall use its best effort to remedy with all reasonable dispatch the event or condition causing such inability and such event or condition can be cured within a reasonable amount of time. "Force majeure," as used in this paragraph, means any condition or event not reasonably within the control of such party, including without limitation, "acts of God," strikes, lock-outs, or other disturbances of employer/employee relations; acts of public enemies; orders or restraints of any kind of government of the United States or any state thereof or any of their departments, agencies, or officials, or of any civil or military authority; insurrection; civil disturbances; riots; epidemics; landslides; lightning; earthquakes; subsidence; fires; hurricanes; storms; droughts; floods; arrests, restraints of government and of people; explosions; and partial or entire failure of utilities. Failure to settle strikes, lock-outs and other disturbances of employer/employee relations or to settle legal or administrative proceedings by acceding to the demands of the opposing Party or Parties, in either case when such course is in the judgment of and unfavorable to a Party shall not constitute failure to use its best efforts to remedy such a condition. 8.23. Conflict of Interest. This Agreement is subject to A.R.S. § 38-511, which provides for cancellation of contracts in certain instances involving conflicts of interest. AGT 040414 Willow Ridge DA Final.doc -9- 4/14/2004 4:47 PM Draft IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth below their respective signatures. TIIE TOWN: THE DEVELOPER: THE TOWN OF MARANA, an Arizona CPE DEVELOPMENT COMPANY, INC., an municipal corporation ~ ~ Arizona corporation • Bv: Bobby Sutton, Jr., Mayor Date: ATTEST: Jocelyn. C. Bronson, Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney By: Raul F. Pina, Authorized Officer Date: THE GENTRYS: THE RICHARD R. GENTRY, SR. & GENEVA R. GENTRY TRUST U/A DTD 8/22/00 Rv: r Richard R. Gentry, Sr., Trustee By: Geneva R. Gentry, Trustee Date: THE 7226 PARTNERSHIP: CORTARO ROAD 20 ACRES 7226, a partnership By: Victor Cuevas, Manager Date: • AGT 040414 Willow Ridge DA Final.doc -10- 4/14/2004 4:47 PM Draft . MESSINGER: MESSINGER/LEWIN FAMILY, L.L.C., ari Arizona limited liability company Bv: Jay Messinger, Manager Date: STATE OF ARIZONA ) SS County of Pima ) The foregoing instrument was acknowledged before me on by Raul F. Pina, an authorized officer of CPE DEVELOPMENT COMPANY, INC., an Arizona corporation, on behalf of the corporation. My commission expires: Notary Public STATE OF ARIZONA ) SS County of Pima ) The foregoing instrument was acknowledged before me on by Richard R. Gentry, Sr. & Geneva R. Gentry, as Trustees of THE RICHARD R. GENTRY, SR. & GENEVA R. GENTRY TRUST U/A DTD 8/22/00, on behalf of the Trust. My commission expires: Notary Public STATE OF ARIZONA ) SS County of Pima ) The foregoing instrument was acknowledged before me on by Victor Cuevas, Manager of CORTARO ROAD 20 ACRES 7226, a partnership, on behalf of-the partnership. My commission expires: Notary Public AGT 040414 Willow Ridge DA Final.doc -11- 4/14/2004 4:47 PM Drag Y • STATE OF ARIZONA ) Ss County of Pima ) The foregoing instrument was acl~nowledged before me on by Jay Messinger, Manager of MESSINGER/LEWIN FAMILY, L.L.C., an Arizona limited liability company, on behalf of the LLC. My commission expires: Notary Public AGT 040414 Willow Ridge DA Final.doc -12- 4/14/2004 4:47 PM Draft t~ N F TOWN COUNCIL "" MEETING TOWN OF MARANA 9 , R ~ ; INFORMATION ,a~ZON~ MEETING DATE: Apri12,~„~2004 AGENDA ITEM: lX. B.'4 5 TO: MAYOR AND COUNCIL FROM: Michael A. Reuwsaat, Town Manager SUBJECT:' State Legislative Issues: Discussion/Direction/Action regarding all pending bills before the Legislature DISCUSSION. This item is scheduled for each regular Council Meeting in order to provide an opportunity to discuss any legislative item that might arise during the current session of the State Legislature. Included here are Legislative Bulletins Nos. 12 and 13. RECOMMENDATION Upon the request of Council, staff will be pleased to provide recommendations. on specific legislative issues. SUGGESTED MOTION None required. State Legislative Issues MAR/JCB 04/14/2004/2: 25 PM • ~~ ~.,,,_ yy~ r . ~, 1~ ~~~ ~ ~• LEGISLATIVE BULLETIN f `' _.~ Issue No. 12 .April 1, 2004 IN THIS ISSUE • Farnsworth Eminent Domain Bill Killed in Committee ............1 Another Preemptive Property Rights Bill is Stalled .. ....... 1 House and Senate Continue Work on Military Facility Preservation Issues ......................2 Another State Mandate Compliments of the Maricopa County Assessor .............. 2 Arson Bill Unanimously Passes House ......................3 PAG Transportation Bill Moves Along ......................3 Police Mug Shots: Public Record or Not? .....................3 League. cif Arizona l Ll~~ A~I~~~ Legislative Bulletin is published by the League of Ariwna Cities and Towns. Forward your comments or suggestions to: League of Ariwna Cities and Towns 1820 W. Washington Street Phoenix, Ariwna 85007 Phone:602-258-5786 Fax:602-253-3874 E-maIl: league@mg.state.az.us Internet: www.azleague.org Farnsworth Eminent Domain Bill Killed in Committee On Tuesday, HB 2678, Eminent Domain was defeated by a 4-5 vote in the Senate Government Committee. The bill was a repeat of last year's preemptive legisla- tion,that among other things, would have placed aten-year moratorium on transferring condemned property and expanded judicial review over slum and blight designations. Senators Ken Cheuvront, Jorge Garcia, Albert Hale, Slade Mead and Harry Mitchell voted against the bill. Voting in support were Senators Jack Harper, Toni Hellon, Jay Tibshraeny and Jim Waring. The bill language could rear its ugly head again in the form of a striker amend- mentlater in the session, but it appears that the lack of support in the Government Committee is fairly indicative of the position of the Senate as a whole. While it is highly likely that we are safe for this year, it is almost a certain- ty that the bill's proponents will be gearing up for another fight on the use of eminent domain for redevelopment next year. While not wanting to dampen this week's success, it is important to note that property right's oriented legislation will not likely go away for years to come. Another Preemptive Property Rights Bill is Stalled HB 2400, yet another Representative Eddie Farnsworth bill, that would•vest devel- opmentrights purely through submitting a site plan consistent with the underly- ingzoning, was held in the Senate Judiciary Committee on Wednesday. The bill would vest development rights for four years without the plan being subject to municipal approval or even review As explained to legislators, zoning alone does not come close to adequately assuring that the public impacts related to adevelop- mentproposal are adequately addressed. Vesting for four years also does not take into consideration that the environment and other conditions change over time. There is also no good reason to change the current definition of vesting which has evolved through case law and is currently considered on a case by case basis. Under current law, the primary factor taken into consideration is the level of investment made by the property owner based on the development approval pro- vided bythe local jurisdiction such as an approved site plan or building permit. The proposed change requires virtually no investment by the property owner in addition to severely preempting existing municipal oversight. It has been speculated that the bill was held because there were not enough votes to pass it in Committee. Holding the bill enables the proponents to work towards - CONTINUED ON PAGE 2 po9e 2 i Issue No. 12 April 1, 2004 I gaining additional votes and having it considered again at next week's Judiciary Committee hearing on Wednesday. Next week's meeting is supposedly the last for the committee so it appears that the proponents only have one more shot at passing this bill. The pressure to kill the bill needs to continue for at least one more week so please recontact your Senators, especially if they are on the committee. The committee members are Jim Weiers, Linda Aguirre, Tim Bee, Linda Binder, Bill Brotherton, Marilyn Jarrett, Richard Miranda, Pete Rios and Thayer Verschoor. House and Senate Continue Work on Military Facility Preservation Issues As the deadline to hear bills in committee approaches, the House and Senate made a push this week on military preservation issues. While preserving Arizona's military installations is a pri- ority for legislators and the stakeholders involved, deliberations continued in an effort to strike a careful balance between the interests of the military bases, the State, local governments, land owners near the bases, residents and businesses. It is a testament to the importance of the military bases that such a diverse group of stakeholders are able to join together in support of several pieces of legislation. stakeholders decided to pursue astrike-everything amend- ment to one of the military facility bills that had already passed the House. The bill that will now contain the Task Force recommendations is HB 2140, sponsored by Representative John Nelson, which is expected to be amended with the language next week in the Senate NRT Committee. This week brought countless hours of meetings regarding the lan- guage in the proposed strike-everything amendment to HB 2140. Discussions centered on two remaining issues, the source and allo- cation ofthe monies in the Military Installation Fund and the membership of a committee to make recommendations on the Fund. Positive changes appear to have been made on these issues, as well as several other previous discussion points such as land use regulations near military installations. With the progress made at the meetings this week, it appears the stakeholders will have an amendment prepared for the Senate NRT Committee hearing next week. The group recognized that any small issues remaining can still be worked out on the Senate floor, or through a conference committee amendment. Thanks to all of the municipal officials that have worked tirelessly on legislation to preserve Arizona's military installations. Specials thanks are also due. to Representatives John Nelson, Jennifer Burns, Jim Carruthers and Phil Hanson for their leadership on this important issue. The Senate Natural Resources & Transportation (NRT) Committee unanimously passed three military preservation bills this week: HB 2134, HB 2141 and HB 2662. HB 2134: Natural Gas Storage Facilities; Restrictions prohibits a natural gas storage facility from locating within nine miles of Luke Air Force Base. This bill had initially faced some opposition in the House, however, there was no voiced opposition to the bill in Tuesday's committee hearing. HB 2141 relates to public disclo- sure and maps of accident potential zones, clear zones and high noise zones associated with Luke Air Force Base Auxiliary Airfield #1. HB 2662 addresses issues concerning military training routes in the State. All three bills were assigned only to the Senate NRT Committee and are now ready for Senate floor action. On the House side, lengthy negotiations continued regarding the Governor's Military Facilities Task Force recommended legislation. The recommendations had originally been introduced as HB 2605: Military Airports; Land Use Planning, however, the bill ran into timing problems between the House deadlines and the continuing stakeholder negotiations. Instead of proceeding with HB 2605, the Another State Mandate Compliments of -the Maricopa .County Assessor The County Assessor of Maricopa County does not think cities, towns and other political subdivisions are promptly and complete- ly reporting real property sales or purchases to the county asses- sors' offices so he has gone to the State to mandate that you do so. When it was suggested that he could simply work cooperatively with the jurisdictions to get the information he needs, we were told that this was impractical. S. 1341 requires public agencies to file the same affidavit of legal value required of private property transactions. The House Public Institutions and Counties Committee approved the bill this week with a unanimous vote. There were promises made that the bill would be amended in the next committee -House Government and Retirement - to reduce the reporting require- ment to some key facts. - CONTINUED ON PAGE 3 Legislative Bulletin is published by The League of Arizona Cities and Towns,1820 W. Washington Street, Phoenix, AZ 85007. Phone: (602) 258-5786. Fax (602) 253-3874. Email: league@mg.state.az.us. V sit us on the Internet at www.azleague.org. Issue No. 12 April 1, 2004 ~ Page 3 Public agencies already record property transactions with the county but somehow that information is not enough for the coun- tyassessor orelse he just wants his own form filed. We have no problem with the concept - in fact we strongly support it - to have the property tax rolls be complete and accurate. It is how we achieve. that end which is of concern. Local governments have enough trouble with the Legislature coming up with mandates; we do not need to do them to each other. Arson Bill Unanimously Passes House The League's arson resolution, SB 1242, that allows a judge to ,assess and charge a convicted arsonist for the cost of investigation and emergency services related to the fire passed the House of Representatives this week by a vote of 56 ayes, 0 nays and 4 not voting. If awarded by a judge, the jurisdictions that incurred the costs for the arson response would be reimbursed for those costs. The bill now goes back to the Senate for the sponsor, Senator Jay Tibshraeny, to accept or reject the changes made in the House. If he agrees with the House amendments, SB 1242 will go to a fmal vote in the Senate and then will be sent to the desk of Governor Napolitano. Thanks again to Senator Tibshraeny and all of the municipal officials involved in this issue for their hard work on this resolution! r~ PAG Transportation Bill Moves Along The Senate Finance Committee heard and passed HB 2507: Regional Transportation Authority; Excise Tax by a vote of 6-1 with Senator Barbara Leff voting no. The passage of this bill authorizes Pima County to hold an election seeking the approval of a 20-year regional transportation plan along with a 20-year trans- portation excise tax. The bill will next go to the Senate Rules com- mitteeand will then be ready for floor action. We will monitor and report the status of HB 2507 as soon as it goes to the Senate floor. Police Mug Shots:. Public Record or Not? HB 2383: Public Information; Confidentiality passed the Senate Judiciary Committee this week without a dissenting vote. The bill as passed by Senate Judiciary allows the photograph of a police officer to be given out by a law enforcement agency if the officer was arrested or charged with a crime but stipulates that if a reporter requests a photograph for a newsworthy event, a law enforcement agency is prohibited from disseminating the photo- graph if the police officer is working or expected to be working undercover within 60 days or if the release of the photograph is not in the best interest of the State. HB 2383 is now ready for the Senate floor, as it was only assigned to the Judiciary Committee. Legislative Bulletin is published by The League of Arizona Cities and Towns,1820 W. Washington Street, Phoenix, AZ 85007. Phone: (602) 258-5786. Fax (602) 253-3874. Email: league@mg.state.az.us. Vsit us on the Internet at www.azleague.org. ~ \, LEGISLATIVE BULLETIN - '~ ®, . . ~,,, ,, r IN THIS ISSUE Compromise Reached on Eminent Domain Attorney's Fees .........1 Another Property Rights Bill is Defeated ....................2 First Responder Bill Takes on New Form ...................2 Governor's Military Facilities Task Force Legislation Passes Senate Committee ...................3 Arizona State Retirement System (ASRS) Eligibility Bill Moves One Step Closer to Passage ......... 3 Senate To Approve Final Automatic Recount Language .............4 Healthy Forests Bills Sprout Up This Week ................... 4 One Step Closer to Sine Die ......4 League of Arizona ~1t1eS A~DTOWTIS Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to: League of Arizona Cities and Towns 18?0 }V. Washington Street Phoenix,Arizona 85007 Phone:602-258-5786 Fa~c 602-253-3874 E-mail: league@mg.state.azus Internet: wwwazleague.org -~r Issue No. 13 'April 9, 2004 Compromise Reached on Eminent Domain Attorney's Fees HB 2539, Eminent Domain; Attorneys Fees was amended in the Senate Government Committee on Tuesday as a result of a compromise reached with the bill sponsor, Representative Leah Landrum Taylor. Efforts to amend the bill were pursued because of the severity of the original bill language combined with the fact that, politically, it was very unlikely that the bill could be defeated. Representative Landrum Taylor, the Assistant Minority Leader of the House, formed an alliance on this bill with Representative Eddie Farnsworth who is the House Majority Leader. This meant that Republicans and Democrat alike were being lobbied by their party leaders to support this bill. In the bill's original form, attorney's fees would have been provided to any prop- erty owner who was awarded 10% more than the condemning entity's highest offer. This would have been a tremendous incentive for property owners to take condemnation actions to court to seek higher awards to the major detriment of public projects. Project costs as well as delays would have risen dramatically. To Representative Landrum Taylor s credit, she agreed to narrow the provisions of the bill significantly. She was particularly interested in providing some upfront protections. for lower income homeowners who typically do not have adequate resources for legal representation. However, she also agreed that adding incen- tives for property owners to settle condemnation cases in court was bad public policy. The amendment is a culmination of the efforts to reach middle ground. The amendment exempts all flood control, public safety, transportation and utili- typrojects from the provisions of the bill. The provisions are also limited to owner- occupied residential properties only. For those property owners that meet the above criteria, the judge has the discretion to award attorney's fees rather than the requirement in the original bill. The amendment also provides guidelines that a judge must consider before awarding the fees and also strictly defines which expenses can be considered as attorney's fees. The amendment also enables eligi- blehomeowners to request a second appraisal to be conducted by an appraiser approved by the condemning entity at the entity's expense and requires that the compensation provided is adequate to purchase a comparable replacement home. Our thanks go out to Senator Harry Mitchell who spoke out strongly in support of municipalities during the Senate Government Committee hearing on the bill. During the hearing, Senator Mitchell also secured a commitment from Representative.Landrurn Taylor to concur with the Senate changes to the bill. This is very significant as it means the House will only have the option of approving or rejecting the Senate amended version of the bill rather than CONTINUED ON PAGE 2 Page 2 continuing to pursue the original bill language or a compromise between the two. Thanks also go out to Senator Slade Mead for sponsoring the amendment as well as Senators Jay Tibshraeny, Ken Cheuvront, Jorge Garcia, Albert Hale, Jack Harper and Jim Waring for voting for the amendment in committee. The bill should be ready for consideration by the full Senate nett week and then back to the House for a vote on the Senate changes. Another Property Rights Bill is Defeated HB 2400, Vested Property Rights sponsored by Representative Eddie Farnsworth was officially killed on Wednesday as the bill was not heard in the Senate Judiciary Committee's last scheduled meeting to hear House bills. Last week, the bill was placed on the committee agenda and held presumably because there were not enough votes to pass it in committee. It was placed on this week's committee agenda again but was pulled late Tuesday night. The legislation would have vested a development right for four years by simply submitting a development plan consistent with the existing zoning with no provision for municipal review or pproval of the plan. As the bill reached the Senate, many indi- ~iduals from the development community started to have grow- ingconcerns about the potential impacts of the bill which were conveyed to members in addition to the concerns expressed by cities and towns. Developers were very much concerned about altering the current planning process. Some were concerned that municipalities might enact much more strict and rigid zoning regulations that would require developers to spend a lot more in upfront plan- ning costs before even deciding to pursue a development project. The defeat of this bill comes a week after another Representative Farnsworth property right's bill, HB 2678, Eminent Domain, was defeated in the Senate Government Committee. While most of these bills have been defeated, the sheer number that were intro- duced and the relative support that they received during the ses- sion indicate that preemptive property right's bills will not go away anytime soon and we can expect to see many of them again next year. Issue No. 13 April 9, 2004 First Responder Bill Takes on New Form We have reported several times to you this session about a bill which is being called the "First Responder Bill". It has met with approval from several committees but failed in the House Ways and Means Committee and was never heard in the Senate Finance Committee. This means that the bill was dead, but it along with a number of others got resurrected this week. To refresh your memory, the original bills imposed a tax on satel- lite television and dedicated the proceeds of the tax to a first responders fund dedicated principally to providing communica- tions equipment for interoperability of public safety officers. The new tax would have been equal to the local license fee imposed on cable television; federal law preempts city ability to tax satel- lite television. There was an equity argument for the bill by the cable companies since their competitors are basically not taxed while they pay the local license fee, usually 5%. The latest version took an entirely different approach separating the dollars for first responders from the tax issue. In HB 2171, $8 million is dedicated to public safety communica- tions over the next two year period. The money would come from the highway user revenue fund (HURF) resulting in a loss of $2 million to cities and towns from HURF. In HB 2307, the strike-everything amendment would allow a city, town or county to voluntarily give up its local license fee in return for an equal amount of state shared revenue plus a 10% bonus. This option could be exercised when your current license expires or in 2006 with agreement of the cable company and the city. The first bill did not survive the Senate Appropriations Committee on Wednesday of this week. It was held by the Chair after numerous objections to the use of HURF dollars. H. 2307 was held in the Senate Finance Committee Thursday afternoon. Since this was the last week for committee hearings, this means that the concept is dead for this session. I Legislative Bulletin is published by The League of Arizona Cities and Towns, 1820 W. Washington Street, Phoenix, AZ 85007. Phone: (602) 258-5786. Fax (602) 253-3874. Email: league@mg.state.az.us. Visit us on the Internet at www.azleague.org. Issue No. 13 April 9, 2004 Governor's Military Facilities Task Force Legislation Passes Senate Committee The Senate Natural Resources & Transportation (NRT)' Committee approved two bills on Tuesday that will help pre- serve Arizona's military facilities. These two bills were the last two remaining military facilities bills left to be heard in com- mittee. Last week in the Bulletin, we reported that three other military preservation bills (HB 2134, HB 2141 and HB 2662) had passed the Senate NRT Committee. With the two bills from yesterday, it appears that the Senate is on track to pass five mili- tarypreservation measures, which will go back to the House for final approval. HB 2140: Military Airport Planning, originally a bill sponsored by Representative Nelson regarding military training routes, was amended with astrike-everything amendment yesterday with the legislation from the Governor's Military Facilities Task Force. The Task Force legislation was initially introduced as HB 2605, but ran into timing problems in the House. The new language to HB 2140 is the product of numerous stakeholder discussions, which are still continuing in order to work out remaining issues. The language in HB 2140 includes changes to city and town land use planning in the vicinity of military facilities. Specifically, the bill requires each municipality and county to identify the boundaries of the high noise or accident potential zone for a military airport or ancillary military facility in its general or comprehensive plan by December 31, 2005. Cities, towns and counties with property in the high noise or accident potential zone are required to notify the Attorney General of the approval, adoption or readoption of the gen- eral orcomprehensive plan or any major amendment to the plan within three business days after the approval, adoption or readop- tion. The bill specifies procedures to be followed if the Attorney General deems the plan or amendment to not be in compliance with requirements for land in the high noise or accident potential zones. The second bill approved by the NRT Committee on Tuesday was HCM 2011, which is a "postcard" to Congress requesting approval for the Bureau of Land Management to trade land with landown- ers near Luke Air Force Base. The memorial was amended by Senator Robert Cannell to also request approval for land trades near Yuma Proving Ground, which is supported by the local gov- ernments,land owners and military stakeholders in Yuma. We will keep you posted on progress of the military preservation bills as they continue to work their way through the Legislature. • Page 3 Arizona State Retirement System ~ASRS~ Eligibility Bill Moves One Step Closer to Passage Late yesterday, the Senate Finance Committee passed on a vote of 5-3 HB 2049, ASRS; Membership; Political Subdivision Entities sponsored by Representative John Huppenthal. The bill was introduced as a result of a League resolution that passed in sup- port of clarifying which organizations are eligible to join the ASRS. There have been inconsistencies regarding membership eligibili- tyespecially with organizations created by political subdivisions for government-related purposes such as Councils of Government (COG). For example, the Western Arizona COG is a member while the Central Arizona and Maricopa COGs have recently been denied membership. The legislation would insure that entities created by political subdivisions for government- relatedwork are treated equally by ASRS. Unfortunately, we had a very disappointing development with this bill. A fellow local government association, the Arizona Association of Counties (AACO), attempted to take over our bill by replacing the League resolution language with provisions of their own that would have assured that ASRS could not remove AACO from their membership. AACO, not to be confused with the County Supervisors Association, represents all of the county- elected officials other than the supervisors such as sheriffs, trea- surers,assessors and attorneys. It is common practice for a bill to be used as a vehicle for legisla- tionother than the purpose of the original bill. This typically happens when it is evident that the original bill has no chance of passing and it is too late to introduce a separate bill for the new issue. However, as a matter of practice and good principle, this process is never attempted without the consent of the bill sponsor or the stakeholders who requested the original bill's introduction. In this case, neither occurred. ~h'hat is more disconcerting is that the underlying bill was not even dead as evidenced by its success- fulvote today. Further, the fact that this was attempted on us by a fellow local government association is the icing on the cake. In the end, we regained control of the bill and it is now ready to move on to consideration by the full Senate. Representative John Huppenthal deserves much credit and our gratitude for his efforts to keep this bill moving towards fmal passage. i Legislative Bulletin is published by The League of Arizona Cities and Towns, 1820 W. Washington Street, Phoenix, AZ 85007. ', ~I Phone: (602) 258-5786. Fax (602) 253-3874. Email: IeagueC~mgstate.az.us. Visit us on the Internet at www.azleague.org. Page 4 i : Issue No. 13 April 9, 2004 Senate To Approve Final Automatic Recount Language SB 1244: Automatic Recount; Cities and Towns, a League Resolution, is ready for its final vote before heading to the Governor's desk for her approval. This bill which simply puts municipal elections in the automatic recount statutes was amended last week with clarifying language that now must be concurred with in the Senate and final passed. The practical impact of the bill is to trigger an automatic recount for any municipal election where the margin of victory is ten votes or less. We would like to thank Senator Jay Tibshraeny for sponsor- ingand supporting the bill as well as Representative Bob Robson for running the clarifying floor amendment in the House. Healthy Forests Bills Sprout Up This Week The committee hearing deadline brought. a flurry of activity on healthy forests legislation this week. Bills from both the Governor's Forest Health Advisory Council and the Joint Legislative Healthy Forest Task Force advanced through House and Senate committees. The stakeholders involved on both bills have agreed to meet and negotiate in order to work out any con- flictingprovisions between the bills. The Governor's Forest Health Advisory Council bill is HB 2127, which was amended with astrike-everything amendment in the Senate Natural Resources & Transportation Committee yesterday to include the Council's recommendations. The Senate NRT Committee heard from retired U.S. Forest Service official Jim Paxon, Flagstaff Mayor Joe Donaldson and Prescott Fire Chief Darrell Willis in support of the legislation. HB 2127 focuses on giving local governments the authority to pass local urban-wild- land interface ordinances to establish defensible space. The Joint Legislative Healthy Forest Task Force introduced identical measures in the House and Senate, HB 2549 and SB 1212, both in the form of strike-everything amendments. HB 2549 was approved in the Senate Finance and Natural Resources & Transportation Committees this week. The House Natural Resources, Agriculture, Water & Native American Affairs Committee passed SB 1212 yes- terday. This legislation, supported by U.S. Senators John McCain and Jon Kyl and Congressmen Jeff Flake and J.D. Hayworth, pro- vides for tax incentives in Healthy Forest Management Zones to encourage tree removal and uses for the trees removed. The Healthy Forest Management Zones can be created by local governments in a forested area that is not heavily populated. All three bills are now ready to move to the Senate or House floor for action. There appeared to be a consensus to send only one forest health bill up to the Governor, which could mean that one of these bills will be amended in a conference committee to include the product of the negotiations between the stakehold- ers. We will make sure to keep you updated on the status of these negotiations. One Step Closer to Sine Die This week marked the deadline for a bill to receive a committee hearing. This means that the Legislature has now shifted into the next phase of wrapping up the legislative process. After this deadline, any bill that has not received a committee hearing is considered dead. Traditionally, the week of the deadline to hear bills in committee is a week of surprises as legislators and lobby- ists scramble to have bills heard in committee and resurrect other issues in the form of strike-everything amendments, which are amendments that erase the bill's existing language and replace it with completely new legislation. After this week, the focus will shift to floor action on bills and conference committees to work out differences between House and Senate versions of legislation. So far, no conference committees have been scheduled, but are expected in the next week or two as the House and Senate work their way through floor action and return bills to their chamber of origin. With the deadline passing this week, we would like to extend our thanks to all the city and town elected officials and staff that have taken the journey to the Capitol this year to offer your expertise in committee testimony. As always, your travel and effort made a big impact with the Legislators and helped many League resolutions pass out of tough committees and assisted in defeating some really bad bills. As the number of live bills continues to dwindle, the Legislature's as well as our focus will shift more and more toward the passage of the state budget. State shared revenue has received a relatively minor level of consideration in the discussions to date and cur- rently does not appear to be in any jeopardy. We will obviously get the word out immediately if that changes. Legislative Bulletin is published by The League of Arizona Cities and Towns, 1820 W. Washington Street, Phoenix, AZ 85007. Phone: (602) 258-5786. Fax (602) 253-3874. Email: league@mg.state.az.us. Visit us on the Internet at www.azleague.org.