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Council Agenda Packet 01/21/2003
TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road January 21, 2003 - 7:00 p.m. Mayor Bobby Sutton, Jr. Vice Mayor Herb Kai Council Member Jim Blake Council Member Patti Comerford Council Member Tim Escobedo Council Member Ed Honea Council Member Carol McGorray Town Manager Mike Hein Assistant Town Manager Mike Reuwsaat Welcome to this Marana Council Meeting.. Regular Council Meetings are usually held the first and third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may change, or Special Meetings may be called at other times and /or places. Contact Town Hall or watch for posted agendas for other meetings. This agenda may be revised up to 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 up 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 Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return.. To better serve the citizens of Marana 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. Entz, Town Clerk, at 682- 3401, Monday through Friday from 8:00 a.m. to 5:00 p.m. ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Amended agenda items appear in italics. Posted by January 1.7, 2003 by 7:00 o'clock p.m., at the Marana Town Hall, Marana Police Department, Marana. Development Services Center. C • 1 TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road • January 21, 2003 - 7:00 p.m. I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. INVOCATION/MOMENT OF SILENCE IV. ROLL CALL V. APPROVAL OF AGENDA VI. ACCEPTANCE OF MINUTES Minutes of the December 17, 2002 regular Council Meeting VII. CALL TO THE PUBLIC /ANNOUNCEMENTS At this time, any member of the public is allowed to address the Town Council on any issue not already on tonight's agenda. The speaker may have up to three (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 REPORTS IX. GENERAL ORDER OF 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 be discussed and voted upon separately, immediately following the consent agenda. 1. . Resolution No. 2003 -01 Appointments of Marana Water Utility Advisory Committee Members (Brad DeSpain) 2. Resolution No. 2003 -02 Farm Field Five Final Plat. A request for approval of a 248 -unit single - family subdivision on 69.08 acres, within the Rancho Marana Specific Plan, being a portion of the south half of Section 27, Township 11 South, and Range 11 East.. Located generally south of Barnett Road and east of Sandario Road, in the Town of Marana (Joe Shapiro) 2 TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road . January 21, 2003 - 7:00 p.m. 3. Resolution No. 2003 -07 Agreement between Town of Marana and D.R. Horton for Construction of Water Facilities Under Private Contract (Brad DeSpain) 4. Signing of Agreement between Town of Marana and Arizona Game & Fish Commission concerning the Marana Habitat Conservation Planning Proiec_t (Andy Laurenzi) 5. Amended Ordinance No. 2002.18 Hartman Hills Rezone: Correction by recording a Scrivener's Error (Jocelyn Entz) 6. Resolution No. 2003 -08 Intergovernmental Agreement (IGA) between the Town of Marana and Pima County Division of Elections for election services to the Town (Jocelyn Entz) 7. Resolution No. 2003 -10 Naming three park sites within Continental Ranch and dedicating one park site (Mike Reuwsaat) 8. Resolution No. 2003 -11 Appointments to the Town of Marana Municipal Property Corporation (MMPC) (Roy Cuaron) 9. Ordinance No. 2003.03 Amending the Town tax code by eliminating the tax on amusements, exhibitions and similar activities (Roy Cuaron) 10. Resolution No. 2003 -09 Request to adopt a standardized design and color palette for use on the official Town emblem (Jocelyn Entz) 11. Resolution No. 2003 -12: Heritage Highlands V Lot 937 Lot _Split A request to split approximately 390 square feet off of Lot 937 of Heritage Highlands V subdivision, and add it to Common Area "C ". It is a small area that may be subject to erosion due to the proximity of the 100 -year flood plain. This lot split will place that area within the maintenance responsibility of the Homeowners Association (Joel Shapiro) B. COUNCIL ACTION 1. PUBLIC HEARING: Ordinance No. 2003.01: Continental Ranch Specific Plan Amendment Block 1 of the Continental Ranch Retail Center Subdivision and Existing Post Office Site An application for approval of a Specific Plan Amendment to change the land use designation of Block 1 of the Continental Ranch Retail Center Subdivision, consisting of 13.49 acres, and the existing Post Office site, consisting of approximately 1.06 acres, from a combination of Industrial (I) and Freeway Commercial (C *) to entirely Freeway Commercial (C *), expand the existing area designated as Parcel 65A, shown as 4.92 acres, to include this entire area of approximately 14.55 • acres, located on the northwesterly corner of the I -10 Frontage Road and Burlingame Road, in a portion of Section 26, Township 12 South, Range 12 East (Joel Shapiro) 3 TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road • January 21, 2003 - 7:00 p.m. 2. PUBLIC HEARING Ordinance No. 2003.02: Southwest corner Flyinj! Diamond & Camino de Oeste A request to rezone approximately 9.56 acres from "C" (Large Lot Zone) to "R -144" (Residential — 144,000 square feet per lot) located at the southwest corner of Flying Diamond and Camino de Oeste, in Section 12, Township 12 South, Range 12 East (Joel Shapiro) 3. PUBLIC HEARING: Eastern Camino de Manana Annexation Consideration of the Town of Marana's desire to annex approximately 131 acres located in Section 1, T12S, R12E south of Tangerine Road, and bordered on the west by Camino de Manana Road.. If successful, this annexation will eliminate approximately two- thirds of the Pima County island bisected by Camino de Manana Road (Dick Gear) 4. Resolution No. 2003 -05: Orange Grove I -10 Plaza Preliminary Plat: A request for preliminary plat approval on 26 acres to construct a 20 -lot light industrial park located between the Union Pacific Railroad and westbound Interstate 10 Frontage Road on the south side of Orange Grove Road, in a portion of Section 7, Township 13 South, Range 13 East (Joel Shapiro) 5. Sanitary Sewer Connections for Residents along Grier Road (Jim DeGrood) C. MAYOR AND COUNCIL'S REPORT • D. MANAGERS' REPORT X. FUTURE AGENDA ITEMS XI. ADJOURNMENT Bobby Sutton, Jr., Mayor • 4 t e j� �? �� � ESUF,REGU�.R CIL MEETING�� MARANA TOWN HALyL k '` DECEMBER 171002 �. PLACE AND DATE Marana Town Hall, December 17, 2002 I. CALL TO ORDER By Town Clerk Jocelyn Entz at 7:03 p.m. Mayor Sutton and Vice Mayor Kai were both absent from the dais. Pursuant to the Marana Town Code Section 2 -4 -3, the Clerk called the meeting to order and requested a motion from the Council Members present to elect a temporary presiding officer. Council Member Escobedo moved to select Council Member Honea as the temporary presiding officer. Council Member Blake seconded the motion, which was unanimously passed. The Clerk then handed the gavel to Council Member Honea. Il. PLEDGE OF ALLEGIANCE Led by Council Member Honea III. INVOCATION/MOMENT OF SILENCE Presided over by Council Member Honea IV. ROLL CALL COUNCIL Bobby Sutton, Jr. Mayor Excused Herb Kai Vice Mayor Excused Jim Blake Council Member Present Patti Comerford Council Member Present Tim Escobedo Council Member Present Ed Honea Council Member Present Carol McGorray Council Member Present STAFF Mike Hein Town Manager Present Mike Reuwsaat Assistant Town Manager Present Dan Hochuh Town Attorney Present Jim DeGrood Development Services Admin. Present Jocelyn Entz Town Clerk Present Joel Shapiro Planning & Zoning Director Present Attached is a list of public attendees. • 1 r s MINUTES UF�REGULAR COUNCIL MEETING .MA � NA� TOWN' HAIL • APPROVAL OF AGENDA Upon motion by Council Member Comerford, seconded by Council Member Blake, the agenda as written was unanimously approved. ACCEPTANCE OF MINUTES Upon motion by Council Member Comerford, seconded by Council Member McGorray, the minutes for December 3, 2002 were unanimously approved, with Council Member Comerford abstaining from the vote due to her absence at that meeting. CALL TO THE PUBLIC /ANNOUNCEMENTS Ron Smith, Parks and Recreation Director, presented the Council with a plaque representing the 2002 Creative Award from the Arizona Parks and Recreation Association, Leisure Benefits Branch. Mr. Smith noted that this was a great honor, as the award was for the inclusion program which was sponsored by a grant. Last year was the first time the program had been offered by the Town, . and 21 participants had been enrolled. Ellen Shopes, representing Richmond Estates in Continental Ranch, read a letter into the record, a copy of which is attached to these minutes, thanking the Council and Jim DeGrood for the resolution of several erosion issues that had occurred over the past two years affecting their neighborhood. Council Member Escobedo invited the Council and public to the Miracle on 31s' holiday event, being held December 24, 2002 from 9:00 a.m. to 2:00 p.m. at the Marana High School. This annual festivity benefits needy families from the area and approximately 7,000 children are expected to attend. He asked the Council and community for donations of gifts and food. The sponsors providing the meals and soft drinks included the Silver Saddle Restaurant, The Coca -Cola Bottling Company and the Marana Food Bank. Council Member Escobedo also requested donations for the Marana Food Bank during the holidays. He reported that supplies at the organization were low and any support from residents would be greatly appreciated. 2 NO r Ex� MARANA TO U H CEI'INGy Y :.. y ' ALL s 4 DECEMBER 17' 200i"' , � ., . ....� _�._.. ,_,•, i STAFF REPORTS There were no questions regarding staff reports presented to Council at this meeting. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA 1. Discussion/Direction: Valley of the Sun Manufactured Home and Recreational Vehicle Park A request by Albert Spall for temporary authorization to park recreational vehicles in vacant manufactured home spaces. The subject property is located at 13377 N. Sandario Road, within a portion of Section 28, THS, R11E (Dan Hochuli) 2. Resolution No. 2002 -143 Extension of the conditioned time frame for the abandonment and exchange of the one -foot no access easement located in the Embassy Plaza, Lots 1 -3 Plat as recorded with Pima County Recorder's office in book 24, Page 38 of Maps and Plats (Farhad Moghimi) 3. Resolution No. 2002 -146 Land Exchange between the Town of Marana and Reyher Partnership and Marana 348 Limited Partnership (Jim DeGrood) 4. Resolution No. 2002 -147 — Release of Assurances Performance Bond for Improvements to Continental Ranch Parcel 51 (Jim DeGrood) 5. Resolution No. 2002 -148 Farm Field Five Preliminary Plat Waiver of Conditions (Jim DeGrood) Upon motion by Council Member Escobedo and seconded by Council Member Blake, the Consent Agenda was unanimously approved. B. COUNCIL ACTION 1. PUBLIC HEARING: Ordinance No. 2002.28 and Resolution No. 2002- 145 Proposed amendment to the Land Development Code of the Town of Marana, by adding SECTION 05.11.08 MIXED -USE ZONE; to the Land Development code and, declaring Title 5 as amended a public record. (Joel Shapiro) Council Member Honea declared the meeting to be in a public hearing. 3 OF REG COUN� L MEETIlNG���� f A 3 M " A T`OWhfi HAS rr a.4 „sue ° "� DECEMBER 17 2002 x ' �� , _ o Joel Shapiro addressed the Council regarding this item. He said that the primary purpose of the mixed -use zoning designation was to promote and regulate existing low density mixed uses in areasof Town where public utilities and facilities were limited. He explained that the new designation was intended to be used only where existing mixed uses were historically located and in the areas transitioning into more intensive uses. Mr. Shapiro gave a brief history of the development of the mixed -use zoning designation and stated that Town staff had tried to be thorough in its study of the proposed standards and regulations. He reported that the draft amendment included specific performance and development standards, general development standards, and sign standards. He added that all new development in existing mixed -use areas must conform to grading, parking, landscaping and other standards as required by the Town of Marana Land Development Code. There were no questions or comments from the public regarding this item, and Council Member Honea declared an end to the public hearing. Upon motion by Council Member Blake, seconded by Council Member Escobedo, Ordinance No. 2002.28 and Resolution No. 2002 -145 were unanimously approved. 2. PUBLIC HEARING. Ordinance No. 2002.27. Silverbell North of Linda Vista Rezone An application for approval to rezone approximately 24.5 acres from "C” (Large Lot Zone, minimum lot size 25 acres) to "R -144" (Single - Family Residential, minimum lot size 144,000 square feet) located immediately west of Silverbell Road and north of Linda Vista Boulevard, in a portion of Section 17, Township 12 South, Range 12 East (Joel Shapiro) Council Member Honea declared that the meeting was now in public hearing. Again, Mr. Shapiro addressed the Council. He explained that this rezone request was for 24.5 acres of land located immediately west of Silverbell Road and approximately one - quarter mile north of Linda Vista Boulevard. He said that the Marana General Plan identified the site to be Low Density Residential and that the proposed "R -144" zoning complied with the goals, policies and objectives identified in the General Plan. He reported that this property, originally surveyed in 1981, had been identified as containing significant archaeological remains. He said that the Arizona 4 x DECEMBER 17 2002 '-w' ,,,... d.... ,:.e,/,/ies,t2,irsll� xw., ,,.,.. State Museum was recommending a resurvey and, if cultural remains were found to be present, the implementation of a data recovery program would be required before clearance would be provided. Mr. Shapiro added that the subject property contained pristine vegetation that had been proposed as critical habitat for the Cactus Ferruginous Pygmy Owl and that the applicant had provided a maximum site disturbance of 20% per lot in order to preserve and protect the desert. There were no questions or comments from the Council or public regarding this item. Council Member Honea declared the public hearing closed. Upon motion by Council Member Escobedo, seconded by Council Member Blake, Ordinance No. 2002.27 with conditions was unanimously approved. 3. PUBLIC HEARING: Resolution No. 2002 -140 Authorizing the Approval and Execution of License Agreement with Comcast Cablevision of Arizona, Inc., for the Purpose of Providing Cable Television Service to the Town (Dan Hochuli) ' Council Member Honea declared the Council meeting to be in public hearing. Dan Hochuli spoke before Council regarding this agreement. He explained that, after negotiating with Comcast Cablevision of Arizona, Inc. for a year, the proposed license agreement had been formulated. He noted that the current license agreement had several more years before expiration but that all interested parties had concurred in presenting the new agreement to the Council prior to the expiration of the current license agreement. He highlighted some of the basic points of the agreement such as governing requirements, liability insurance, indemnification, and system upgrades or rebuilds. There were no comments or questions from the Council or public regarding this item. Council Member Honea called the meeting out of public hearing. Upon motion by Council Member McGorray, seconded by Council Member Blake, Resolution No. 2002 -140 was unanimously approved. 5 4. Ordinance No. 2002.29 and Resolution No. 2002 -144 Request to enter into a license agreement with Comcast Cable, providing regulation of cable services in the Town and canceling the previous license agreement, and amending Article 9 -8, Cable Communications, of the Town Code by adopting a new Article 9 -8 (Dan Hochuli) Mr. Hochuli addressed the Council regarding this item. He briefly explained that, due to many changes in federal laws, the proposed resolution would essentially bring the Town Code into compliance with federal regulations. Upon motion by Council Member Escobedo, seconded by Council Member Blake, Resolution No. 2002 -140 was unanimously approved. 5. Ordinance No. 2002.30 Revisions to Chapter 10 of the Marana Town Code to Regulate the Transportation of Aggregate Material (Jim DeGrood) Jim DeGrood spoke to the Council about this ordinance. He said that as a result of the original ordinance the entire region had benefited from the • tarping regulation. He said that the proposed revisions were basically housekeeping measures in order to allow for more flexibility and efficiency in the interpretation and enforcement of the code. Council Member Honea asked if the proposed section dealing with equipment employed in agriculture or husbandry activities was an exemption. Mr. DeGrood replied that it was and said that this section, dealing with farm implements, had been added to the portion of the code dealing with classes of vehicles that were exempt. Upon motion of Council Member Blake, seconded by Council Member Escobedo, Ordinance No. 2002.30 was unanimously approved. 6. Discussion/Direction Town Hall Exterior Architecture and Floor Plan, selection of Construction Manager (Jim DeGrood) Mr. DeGrood addressed the Council regarding the design development of the new Town Hall. He said that this phase of the project was at completion and that the next step was to engage the services of a . Construction Manager. He outlined the Construction Manager -At Risk process which the town had chosen to utilize during the procurement 6 MARA A TOVV:N�AIL ; a U 1`i DECEMBER 17 2002 s phase. He reported that the recommended firm was D.L. Withers, Inc. Mr. DeGrood continued by stating that the next step in the process would be the final construction document phase where selection of the building's exterior skin materials would be made. Upon motion by Council Member Comerford, seconded by Council Member Blake, approval of the Design Development floor plans and elevations, direction to commence with the Construction Drawings, and to begin contract negotiations and authorize staff to enter into a contract with D.L. Withers, Inc. as Construction- Manager -At -Risk was unanimous. 7. EXECUTIVE SESSION Pursuant to A.R.S. Section 38- 431.03 (A)(4) for discussion and consultation with the town Attorney to consider the town's position and instruct its attorney regarding the town's position in pending litigation, Aspen Green v. City of Tucson (Dan Hochuli) Dan Hochuh informed the Council that an executive session was not necessary at this time as he had only a brief report regarding the status of the Aspen Green v. City of Tucson case. He said that a ruling had been . made in the Towns favor by declaring Tortolita did not exist as a town and that there were no voting rights violations associated with Tortolita. He relayed that, mostly likely, the 9th Court of Appeals in San Francisco would issue a ruling to Tortolita's response and that a schedule for oral arguments would be set for early spring of 2003. He concluded by stating that a final ruling would probably be reached by Fall 2003. C. MAYOR AND COUNCIL'S REPORT Council Member Escobedo thanked the Managers and staff for bringing the community together on various projects in Honea Heights and Berry Acres. Council Member Comerford commended the Parks and Recreation department on their outstanding work on the annual tree lighting ceremony. Council Member McGorray reminded the Council and the public. about the Miracle on 31s' event. She urged everyone to attend and to donate generously to this community project. ��I lI1 F # R COUNCT 14 MEF�'INGr %M 3 .. PC, Council Member Honea reiterated the appreciation of Council Members Escobedo and Comerford of the staff's coordination of community events. He added that he had attended the annual Seniors Dance held immediately following the Tree Lighting ceremony and that it was a well- received event. He commended Karl Horvath on his preparation of this activity. D. MANAGERS' REPORT There were no reports at this time. X. FUTURE AGENDA ITEMS Council Member Escobedo directed staff that the topic of sewer connection costs for Grier Road residents be added to the next agenda. XI. ADJOURNMENT Upon motion by Council Member Honea and seconded by Council Member Blake, unanimous approval to adjourn was given. The time was 7:45 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on December 17, 2002. I further certify that a quorum was present. Jocelyn Entz, Town Clerk 8 MARANA TOWN COUNCIL MEETING • Public Attendees DATE: �CA Name Address � /L Jz �j r�L3c g' :S PAL L c� � Z�NSa n1 QA Z NJ A- 1 . PA, L ko C A' (-On( a,67 6 q - )CL �� &OCISS7 N U-410 R.L 58 �� �PXr 5 H GSfi�� /1 x A Sso.34- 1 �L4Rc L, wvsWz4, u � S • MARANA TOWN COUNCIL MEETING • Public Attendees DATE: 1 z (7 0 �— Name Address 14o WAA!> H V6,4S - 7W j• - ?Aj >A > L - . Toc s o�, A ;Z- �5kd r MARANA I N S4041, STAFF REPORTS TO COUNCIL ON/ Building Parks & Rec Town Clerk - v/ Planning Court Police Finance - v/ PW /Engineering Human Resources - v/ Water ' BUILDING OFFICIAL'S REPORT December, 2002 Administration/Permitting: • Staff reviewed and permitted 102 new single family residences in December. • Staff reviewed and issued 313 building permits in December (including single family residences). • Staff completed 1343 inspection stops in December. The average stops per day was 64. • The permit fees and valuation data are contained in the "Summary of Construction Activity " report (enc.). The month of December was one of the year's best and must reflect the building communities efforts to close the year on a strong note. The final tally for the year was 962 homes. The valuation of the impact fees was $188,688.15. Building Official: The building industry ended strong and Marana is still providing space for building to continue. The word from industry is that next year should be as strong as the past year and one builder has scheduled a 30% increase. What will actually happen is difficult to predict but from all indicators next year will repeat this year's level of construction for single family residences. For commercial construction it appears by the number of development plans in process that commercial will continue to grow at a reasonable rate. We are still on hold with the Hyatt project but work is still continuing on the golf course and road access for that area. Attached is a spreadsheet of the impact fees received over the past year. These are the funds designated for transportation improvements. \\DEVSERVER \bldgdata\Jack HoldenTinances\Building Official Report\0212.doc111 • TOWN OF MARANA SUMMARY OF CONSTRUCTION ACTIVITY December -02 Permits Issued Permit Type # of Permits Permit Fees Valuations New Single Family Residential (SFR) 102 $429,444.93 $15,680,797.73 Remodel /Addition SFR 9 $3,303.43 $135,721.05 Manufactured House 3 $2,815.00 $173,593.00 New Multi Family Residential (MFR) 11 $57,150.95 $3,980,409.13 Remodel /Addition MFR 0 $37.05 $0.00 New Retail Commercial (RC) 1 $259.47 $4,785.75 RemodeVAddition RC 9 $3,497.11 $208,471.08 New Industrial Commercial (IC) 0 $0.00 $0.00 Remodel /Addition IC 0 $0.00 $0.00 Walls 26 $2,254.34 $49,808.00 Swimming Pools/Spas 16 $4,236.87 $117,826.80 Signs 9 $2,377.19 $40,500.00 Certificates of Occupancy 2 $90.00 $0.00 Temporary Construction Trailers 3 $458.50 $6,800.00 Temporary Tents 0 $0.00 $0.00 Revisions 48 $3,451.67 $0.00 Model Plan Review Only 17 $14,292.27 $0.00 Planning /Engineering 35 $18,646.13 $21,327.30 Miscellaneous 22 $770.00 $7,180.00 Totals 313 $543,084.91 $20,427,219.84 Total number of Inspections = 1343 AVERAGE DAILY - 64 STOPS Total number of lots for Linear Park Fees = 37 - Total Collected $16,391.00 Total number of Water Meters Issued = 34 - Total Collected $36,200.00 Total number of Impact Fees Issued = 81 -Total Collected $188,688.15 Status of Current Commercial Projects Project Name % Complete Project Name % Complete Elementary School (Grier) 95 Heights Automotive 60 New Springs @ Silverbell 85 Safeway 5 Marana High Addtion/Remodel 80 New Cycle & Sky 40 Car Wash on Ina Rd 90 Park / Coachline 90 Anchor Plumbing (Metal srdg) 30 Park/ Continental Reserve 90 Wal -mart 60 Skate Country 60 Dove Mountain Self Storage 10 Park/ Marsh Wren San Xavier Dispatch 80 a y o 0 0 0 0 0 ., o A O O O A W A A J J C m � w w = m o co z 0 a T o M a �, > c n n n n n n r. 7y 7y 7y 7y 7o CK < A z z z z z z a y "'y fJ rJ 7 C1 O o U . W O 10 eD O W ►rJ n n A CIJ ttl OJ Q7 07 CO T, C H � r" x �' X X T' T• �k � C• ^+ n b Q• < N N N N N N b }..� rA O Z D\ cN G1 0\ LA 0 N N .°. N r•y y o 0 0 0 0 C O Z N 1\ N O O n N � N � O O A 1 g cr U cn U y� U c `> t t c�' c � v c c T O A p O4 00 A A A A A .C�. G1 W 00 00 W 00 00 00 O1 O� W W W W W W d W LA LA LA tA kA d S N N N N N N IA O O O O O O Z � a a a a a �° 0 0 0 0 0 a :m O � x PUBLIC WORKS MARANA S'T'AFF REPORT�,�r January 2003 Capital Improvement Projects (Staff nth ofDece the month of December) u The following are capital improvement projects in design. I Ina Road Improvements Capital Improvement 1 -4 Silverbell Road Improvements Projects in Design Cortaro Road to Ina Road 1 -10 to Silverbell Road This project consists of reconstructing the Capital Improvement 5 t P j 9 This project consists of roadway improve - to four lanes with curb and utter Projects In Construction roadwa Y 9 ments and construction of two new multipurpose lanes and sidewalks; provid- bridges, including design and reconstruc- Recently Completed 6 ing a continuous center turn lane and tion to widen to four lanes with multiuse Projects intersection improvements at Ina/Silverbell, lanes, median island, curb, curb and Traffic Division Report 7. which includes a new traffic signal system. gutter and sidewalk installation, drainage _.. _ improvements, landscaping, signal t Estimated construction time: Spring 2003 modifications, artwork and street lighting. Project is 1.1 miles in length. YIELD Status: Environmental, Biological, DCR, Geotechnical Report, Pavement Design Estimated construction time: Spring 2005 t Sum and Archaeological reports are complete. 404 Permit application has been x submitted; review with the Army Corps of Status: 404 Permit application is being Engineers is ongoing. First year of Pigmy prepared. First year of Pigmy Owl Survey t , Owl Survey has been completed. 75% has been completed. Bridge and grade plans, specifications, and cost estimates control structure stability analyses and PUBLIC WORKS have been received, reviewed, and have location report have been submitted for been returned to the consultant for review. Staff has responded with MISSION AND VALUES revisions. Consultant is preparing the 95% comments and has had meetings regard r <`The Marana Public Works t submittal. Old Pueblo's Contract ing the stability analysis for the brid Department is committed to Agreement, for data recovery, is being grade control structure, and location providing quality service by ; executed by the Town. report. Structure selection report has been submitted for review and comments have consistently delivering and been returned to the consultant. The Traf- j; maintaining reliable, safe x fic Impact Analysis and the Phase I Envi- z public facilities with a ronmental Site Assessment are complete x productive, respectful and r and have been accepted. Draft Access ethical workforce.' Management Report has been received, _ Our operating values are: reviewed, and comments have been f Satisfaction v returned to the consultant. Consultant is t continuing with the process of meeting • Respectful with the abutting property owners. Communication s • Reliable • Productive f • Quality t • Ethical Silverbe Road — Cortaro to Ina • Consistency £ • Service } • Safety • Integrity • Commitment January 2003 Capital Improvement Projects in Design (continued) Tangerine Road - Breakers to Thornydale Road, Coachline Boulevard Design Concept Report This project consists of providing sidewalk additions along This project consists of drainage improvements and the east side of Coachline Boulevard from Twin Peaks to repaving of portions of Tangerine Road. Drainageway No. 2. Estimated construction time: Summer 2003 Status: 50% plans have been submitted to staff for review and comments. Construction anticipated starting in the Status: Environmental clearances will need to be Spring of 2003. obtained and the various permitting requirements are being addressed through Westland Resources. First year of Pygmy Owl Survey has been completed. A biological assessment has been completed and forwarded to EPA Twin Peaks Interchange for consultation. A 404 permit application is being This project consists of environmental clearances, DCR prepared; including an archaeological survey for this and 30% plans for the corridor alignment. portion, which has been completed. The design for drain- age and paving improvements has been put on hold. Estimated Construction Time: 2006 Town has decided to pursue a maintenance oriented program for the road. Status: Town staff is in the process of evaluating the work items task list submitted by URS. Staff awaiting information - - regarding associated fees.. Consultant has -been provided a draft contract agreement. Tangerine Road/Thornydale Intersection Improvements This project consists of design and construction for Camino Martin Reconstruction /Drainage Improvements intersection improvements. This project proposes demolishing existing pavement and the reconstruction of two 12 foot lanes with improved Estimated construction time: Summer 2003 drainage. Status: Town continues discussion with the property Status: A Feasibility Report for the Improvement District is owners for takings on the northwest comer. Environmental completed. Staff held an open house on March 20, 2002, clearances are continuing. Consultant is completing the for the Camino Martin property owners. This open house design. Pygmy Owl Survey and 404 permit process was enabled staff to relay information on the proposed improve - initiated in September 2001. The biological assessment ments and the facilitation of these improvements through for this project has been combined with the report for the an Improvement District. Decisions whether to form an Breakers to Thornydale Road segment and as previously Improvement District will rest with the property owners. stated, has been submitted to EPA for consultation. Completion on final design is being pursued. Page 2 PUBLIC WORKS January 2003 Capital Improvements in Design (continued) District Park Bank Protection Santa Cruz River Shared Use Path, Phase I and II This project consists of providing bank protection along the Santa Cruz River Shared Use Path consists of a 14' west bank of the Santa Cruz River from Ina Road to Cortaro wide paved asphalt path from Cortaro Road to Coach - Road. line Blvd. Status: T etra Tech h as completed the s urvey of the site. Phase I consists of a building a shared use path Tetra Tech is currently working on the right -of -way survey between Cortaro Road and Twin Peaks Road in the and the design of the bank protection. Town staff has over bank area of the Santa Cruz River. Phase II received the first draft design report. An individual 404 consists of a c ontinuation o f t he s hared u se p ath i n permit application has been submitted to the Army Corps of Phase I from Twin .Peaks, .to, Coachline.. Blvd. Each Engineers. This area has now been designated as critical phase is partially funded under ADOT's Transporta- habitat. tion Enhancement Program. Construction will need to be c ompleted i n p hases t o properly t rack t he A DOT funds; however, design can be completed as a single Costco Lighting project. This project consists of completing the street lighting for added safety along Costco Drive. Status: The Project Assessment and final DCR have been approved by ADOT. An environmental determi- Estimated construction time: January 2003 nation has been submitted separately by Westland Resources and ADOT comments -on the environ- Status: Project plans and specifications are finalized. mental determination have been received. Town staff Additional construction and maintenance easements have has received SOQ's for final design of the shared use been c ompleted. B ids w ere o pened S eptember 18, 2 002. path. Selection is currently on hold due to uncertainty The contract has been awarded. Construction will begin over the alignment of Phase I. January 13, 2003. Thornydale Road /Orange Grove Road to CDO Wash This project consists of widening to six lanes with multi - ur ose lanes, sidewalks, curb and utter, traffic signal P P 9 MA, � modifications, storm drains, and reconstructing the intersec- r tion of Thornydale Road /Orange Grove Road along with �. improvements on the south, west and east legs accordingly._ Status: Town staff /consultant researching PCDOT documents associated with the improvement plans prepared by PCDOT. Staff is preparing the final scope of work for i construction by the consultant, as a result of several meetings with the consultant. The contract agreement has j been sent to Westland Resources, for Environmental Services, for execution. i. Page 3 PUBLIC WORKS January 2003 o Traffic Division Report o 0 0 Traffic Signal Modifications at the Ina Road - Flood Warning System for Orange Grove Road Oldfather Road Intersections The Traffic Division is in the process of designing and In December signal modifications were made at this inter- implementing a Flood Warning System whose purpose is section. The most important change at the intersection to alert motorists about flooding conditions on Orange was the provision of vehicular and pedestrian signalization Grove Road at the Union Pacific Railroad Overpass. A for the driveway location on the south side of Ina Road. brainstorming session (using the Total Quality Manage - Prior to this signalization, motorists exiting the driveway ment problem - solving process) was held in December to - could only -turn right onto Ina- Road. Now these motorists generate potential design and implementation concepts. can safely turn right or left or continue through the inter- The meeting was attended by Traffic Division staff, section. Kimley -Horn and Associates staff, and a representative of Solar Traffic Controls. The Flood Warning System will consist of a series of warning sign /beacon assemblies strategically located along Orange Grove Road and the surrounding road network that will be activated by radio Traffic Signal Modifications at the Thornydale Road- technology in the event of flooding at the overpass. Horizon Hills Drive Intersection Signal modifications were made at this intersection in December. The modifications included the replacement of the traffic signal (arrow) heads for westbound Horizon Hills Drive right- turning traffic with signal heads that show circu- The Addition of a Right -Turn Signal Overlap on lar (ball) indications. With the arrow heads previously in Southbound Thornydale Road at Orange Grove Road place, an exclusive pedestrian phase had to be provided To facilitate the movement of the heavy right - tuming for the north leg of Thomydale Road. The use of the volumes on southbound Thomydale Road and Orange exclusive pedestrian phase harmed the signal progression Grove Road, signal heads will be installed that will allow along the Thornydale corridor. The replacement of the the implementation of a right -turn overlap on that arrow heads now allows the implementation of a pedes- approach. The overlap arrow signal indications will permit trian phase across the north leg of Thomydale Road to run southbound right- turning traffic to flow through the inter - concurrently with the signal phase for westbound Horizon section concurrently with the eastbound left - tuming traffic Hills Drive. Along with the signal changes described on O range Grove R oad, w hich i s a Iso v ery h eavy. I t i s above, striping an signing changes were also be made at expected that the right -turn overlap will be very welcomed this location. by southbound Thornydale Road motorists headed toward 1 -10. New Traffic Signal Mast Arms for the Thornydale Road - Costco Drive Intersection and the Ina Road - Meredith Boulevard Intersection A 55 -foot mast arm will be installed for the southbound Thomydale Road approach to Costco Drive, replacing the existing 50 -foot mast arm. The new, longer mast arm will provide improved signal head placement, enhancing the traffic safety at this location. The installation of two new 50 -foot mast arms at the Ina m Road- Meredith Boulevard intersection will accommodate " the implementation of protected left -tum phases for both Ina Road approaches to the intersection. The protected left -tum phases will make turning left from Ina Road at this location much safer. Page 7 PUBLIC WORKS January 2003 Capital Improvements in Design (continued) . Town of Marana. Northwest Marana Town Center De- Northwest Marana Town Center, Roads, Infrastructure and sign and Development Offsite Improvements Three projects are ongoing to master plan and establish This project will design and construct the offsite utilities, roads, the layout, ambience, and design standards of the North- landscape, and other infrastructure and establish the layout of west Marana Town Center. the main Town Center corridors. Current design concept has a main approach street terminating in a T or three approach Town of Marana Municipal Complex (Marana round -a -bout i n f ront o f t he n ew Municipal C omplex. T he i s- "MuniPlex") land in the middle of the round -a -bout will have a monumental This project consists of the design and construction of a statement for the Town Center. The current design and con - new Town Government Complex to house the Town of struction will encompass the Civic Drive from Barnett Road to Marana -s- tall. -T his complex will b -e located o.n.20..acres..__. Lon Adams, and Marana Main Street from the Civic Drive west of the current Town Hall location. The design will Roundabout' to Grier — Road, with future extension of Marana integrate the MuniPlex and surrounding facilities with the Main north to connect to Sandario Road. The work will include Ora Mae Ham Park. The construction of the main utilities, including a sanitary effluent collection system, side - building(s) and facility core is to be done via a Construc- walks, streetscaping as well as the roads. tion Manager at Risk process with the selected CM being involved in the project during the pre- construction design Status: WLB, the engineer, has designed the road and utility development stage for value engineering, constructability improvements. WLB has submitted drawing to Pima County reviews, technical reviews, cost engineering and estimat- Waste Management for approval and permitting of the sewer, ing, planning, scheduling, and serving as the Construction the first item of construction along with other necessary utilities Manager and Prime Contractor during construction. to support construction and occupation of the nearby apart- merit complex. There will be two construction contract pack - Status: Durrant Group is designing the main buildings ages, one for the utilities, the other for the road and street - and the facility core as the architect. Except for minor scape. The project is pushing ahead to complete the design, changes, Durrant has completed floor plan drawings obtain all permits, and to procure a construction contract as reflecting comments and concerns. There are minor quickly as possible to support development construction details to be finalized as part of the Value Engineering. requirements. The street design, landscaping and hardscap- Final design has allowed non - built -out areas inside the ing is developed as a boulevard and will carry the Town conditioned building for future growth, as well as the plan- Center theme throughout the Northwest Urban Center, with a ning o f future s tructures t o b e a dded t o t he a rids o f t he series of "gates" to announce to travelers that they are "in" structure as needed for long -term growth. Marana, to establish a sense of identity and place as well as The architect presented the design of the exterior provide areas for small commercial, safe pedestrian cycling. facade, floor plans, and surrounding site development to Northwest Marana Town Center, Master Plan Proiect the Council, as well as the Town Manager, Assistant Town Manager, and the Planning Commission, and two resi- This project will provide Master Plan Services for further plan - dents during two neighborhood meetings. The Council ning and conceptualization to set design and development approved the final design on December 17, 2002. standards to facilitate the urbanization of the Northwest Ma- The Town Council also approved D.L. Withers on rana Town Center. December 17, 2002, to proceed as CM at Risk for the Design Phase of the project. The selection committee Status: The Durrant Group and McGann and Associates selected D.L. Withers as the best qualified respondent and are working with the Town to provide a more detailed develop - most likely to succeed in working with the Town as the ment of the Southwest Urban Village concept f or the North - Construction Manager in the CM at Risk delivery process west Marana Town Center as thematically embodied in the and had recommended approval to proceed. D.L. Withers general guidelines of the Marana General Plan and the North - has been working with the Town and architect, reviewing west Marana Area Plan. The Town Center will provide the design, construction materials and methods, and is in the friendliness of an urban village neighborhood, emphasizing process of preparing a cost estimate as well as recom- pedestrian and cyclist friendly tree lined boulevards. Street mendation on the design and materials. The CM will lighting and other streetscape features are conceived as develop a Guaranteed Maximum Price (GMP) for con- reflecting this pedestrian usage and access to commercial struction of the facility that will be presented to the Mayor areas rather than the street lighting used to emphasize the and Council for approval after successful negotiation and functional support of vehicular traffic. The Town is taking a agreement. The project is scheduled to have a construc very proactive stance toward the development of this area to tion kick -off in February 2003 and a formal ground break- promote interest and support of the urban village core.% ing ceremony on Founders Day in March. neighborhood concept. Page 4 PUBLIC WORKS January 2003 Capital Improvement Projects In Construction The following are capital improvement projects in construction. Cortaro Road Realignment Continental Ranch Park, Parcels 13 & 14 Park This project consists of realigning and widening Cortaro This project consists of developing a neighborhood park, Road east of 1 -10 from the Frontage Road to Cerius including lighted ball fields, playground areas, picnic facili- Stravenue. The existing road and railroad crossing will ties, ball courts, a skate park, trails and be abandoned and a new railroad crossing installed. fitness courses. to Z Estimated construction time: January 2003 Status: The Town awarded the J construction contract to Valley Rain Construction on April 25, 2002, with a - Status: Archaeotogicai data recovery completed. notice to proceed "date of authorization " May 19; 2002. Stantec has completed the plans. Union Pacific has Construction is underway and on schedule. Project been notified of the Town's anticipated schedule for completion is estimated for January 2003. construction. Union Pacific has completed their in -house design and will schedule relocation of the Cortaro roadway crossing and signalization with the Town's construction contractor. The Town's contractor is Dar -Hil Corporation. Construction begins January 6, District Park Native Plant Salvage and 2003 and will be completed by July 2003. Improvements /Mitigation This project consists of the removal, salvaging, and - - - - replanting of the vegetation in preparation . of .park improvements. Santa Cruz River Corridor Trail Status: Ongoing. This project consists of constructing approximately 3,500 linear feet multi -use path beginning at Sanders Road and • heading eastbound along the top of the levee, along with parking improvements. Wade Road Estimated construction time: Fall 2002 This project consists of an overlay on Wade Road starting at Ina Road heading north for approximately 112 mile. Status: Contractor has completed the work. Only a few punch list items remain. Status: Contractor has completed the work. Only a few punch list items remain. Continental Ranch Park, Parcels 5 & 6 Addition This project consists of additional parking at Coyote Trails Elementary School and a park addition on parcel 6 directly east of Coyote Trails Elementary School. Estimated construction time: Summer 2002— Winter 2002 Status: The Town awarded the project to M. Anderson Construction Corp. on May 20, 2002, with a notice to proceed date of June 26, 2002. The contractor completed the parking lot modifications to support the opening of school. The field and concession stand at the far end next to the Santa Cruz are the last elements scheduled to be completed. Project completion estimated for January 2003 /February 2003. Page 5 PUBLIC WORKS y January 2003 Recently Completed Projects Cortaro Road Improvements —1 -10 to Silverbell Road: Completed October 25, 2002. Ina Road / Silverbell Road Temporary Intersection Improvements and Temporary Traffic Signal Installation: Completed February 28, 2002. New Westbound Cortaro Road Bridge Over the Santa Cruz River: Completed March 15, 2002. Hartman Lane Improvements: Completed Fall 2002. 2002 Pavement Rehabilitation Program, Striping and Marking: Completed Summer 2002. Page 6 PUBLIC WORKS TOWN OF MARANA MUNICIPAL WATER SYSTEM DEPARTMENT REPORT For: December 2002 MADE EVERY DROP COUNT y • Date: January 13, 2003 MARANA I "'� TOWN OF MARANA _TO: Mayor Bobby Sutton, Jr. Town Council Mike Hein, Town Manager Mike Reuwsaat, Assistant Town Manager FROM: Water Department Staff SUBJECT: December 2002 Department Report Update DATE: January 13, 2003 • CUSTOMER INFORMATION 1447 Number of Customers Billed in December 12 Number of Disconnects in December 32 Number of New Connects in December 26 Number of New Services with Meter Installation 15,386,850 Total Gallons sold in December 17.76 Acre feet pumped (non -trust wells) Picture Rocks, Happy Acres, Palo Verde, Airport, Sky Diving Center, Continental Reserve and Hartman Vistas 30.36 Acre -feet wholesale water purchased (trust wells) Marana, La Puerta, Oshrin, Falstaff, Honea, and Cortaro Ranch (325,851 gallons = acre foot) DAILY OPERATIONS 1. Well checks and chlorination done 3 days weekly. 2. Well meter and hour meter reads done every Monday. 3. 5 backflow tests completed for Town of Marana properties ( Parks and Irrigation). • 4. FLUSHING • Flushed all dead ends and fire hydrants in our Palo Verde system. ■ Flushed all hydrants and dead ends in Cortaro Ranch system. • Flushed 12" dead end on Cortaro Road. 5. Exercised all valves in Cortaro Ranch — 45 total. 6. Began G.I.S. mapping program with Chris Mach using G.P.S. 7. 140 Blue Stakes completed. 8. 26 Meter Installs completed. 9. Hartman Vista well, 500,000 gallon storage tank and booster station on line in December. 10. Oshrin Park well and booster back on line after electrical problems. WATER SERVICE AGREEMENTS BEING NEGOTIATED 1. Rancho Marana/Clark Farms in discussion. Farm Field 5 Water Service Agreement in progress. 2. Agreements for Construction of Facilities under Private Contract with each homebuilder in Continental Reserve. 3. Cortaro Ranch Phase II with D.R Horton. 4. Sunset Builders line extension design in review for Picture Rocks System at Tres Casas. OTHER 1. Purchase of Type II Non - Irrigation Rights for parks and other needs. 2. Managed Recharge Application filed May 1, 2002. Intergovernmental agreement almost completed. 3. Water Department to move to Marana Operations Center February 12, 2003. Our new address will be 5100 W. Ina Road. Our new phone number will be 545 -1264. 2 �1 '�', //xx }' f Y >1 0 � 4� �� a'�„� ._ d' �9C§ r �' ` Y H' A ,�'r• ` � - " 'X NK An it f yx r c t sF+ a = JM spent all T rr mo r , . + 4 r ° °' 41 f ¢' wl a n r (c r,55r�� r'�y,� .I "' fir w 3 x ws' •[ " ..v'�"r' P f ,g a' _ f . •, F7 ' AWX N O * a ek Mk O W N RN MO x vs I i d d e d a °� y£ J#''"' 3" .tt`` ,^ z .& a. r �°rc ',.�'• �' " "' �m r srrrix4 a r 14W 3Far s , � J Otis q MCI : r p x ..� m � t Kv ma y: 'Z Oil r ` LY;k Iq s a t C t WE, ^ '` f fi7 Fw'x'" 6, �` '� S i R" tP 14 t �!S s " "f a -. is d ex r M I N TAM s ;.suU�r 'u,s -rz< k ` � . � � > : n _ z off AS Vd VAN V ,z,. AAA ;j mom s a , y m as '� a-dx 'x•. a "r` s a WNW " x.�g„. x ? �- ..��-K:. 3.`�cy,�a� -� ���r`� � #v ^� �_ ps � � = � 3 a^._w t X : I �rrs ^.2�ta"�x. n X ✓ � .i r., �.._. err' M is g ` 0 f tit 1 47 ,,' }'` s 44 w z t q ' N tea .r 4, r " . .* ,. r^ i •;.' +ao- �W`.i'�` s :�^ z� a�^'Gs# ..fi �t;m' t �i .x 7 fl ✓€ fP�"'*"S rf9' �° a5 g,[�z#- s a' g �vx e �a4 zi "rg y i _- -- • The following represents highlights of Planning Department Activity during December: New Projects: The following new projects have been submitted for review: Gladden Farms, Block 11 Preliminary Plat Sivage Thomas Homes, represented by The WLB Group, Inc., has submitted the Preliminary Plat for Gladden Farms Block # 11, Lots 1 thru 142. This subdivision represents the first plat submittal within the previously approved Gladden Farms Block Plat. The project is located in a portion of the north %z of Section 34, Township 11 South, Range 11 East and lies at the southwest corner of Gladden Farms Drive and Lon Adams Road. The plat consists of 142 single family residential lots on 30.12 acres. The minimum lot size within this subdivision is 6,000 square feet. The project density is 4.71 residences per acre. Approximately 2.41 acres of the project site will remain as open space (drainage ways, common areas, etc). Access to the subdivision will be provided from Gladden Farms Drive, a new collector roadway. The project will include .86 miles of new public streets. Upon completion of the staff's review, this Preliminary Plat will be considered by the Planning Commission and Town Council. The Greens at Dove Mountain Preliminary Plat Cottonwood Properties,. represented by OPW Engineering, L.L.C., has submitted the Preliminary Plat for The Greens at Dove Mountain, Lots 1 -91. The project is located within the Dove Mountain Specific Plan area, approximately 2 %Z miles north of Tangerine Road in a portion of Sections 22 and 23, Township 11 South, Range 12 East and lies on the south side of Dove Mountain Boulevard east of Wild Burro Wash. The plat consists of 91 single family residential lots on 76.8 acres. The project density is 1.18 residences per acre. The project site is surrounded by golf course. Access to the subdivision will be provided off of Dove Mountain Boulevard by a new private street, Sonoran Links Lane. The project will include 1.70 miles of roadway, all private streets. Upon completion of the staff's review, this Preliminary Plat will be approved administratively in accordance with the provisions of the Dove Mountain Specific Plan. Tangerine Crossing Blocks 3, 4, 5, a Portion of Block 6 & 10 Preliminary Plat Tangerine Road Associates, represented by Rick Engineering Company, Inc., has submitted the Preliminary Plat for Tangerine Crossing Blocks 3, 4, 5, A Portion of Block 6 & 10, Lots 99 -399. This project is a resubdivision of Tangerine Crossing Blocks 3, 4, 5, 6 & 10 of the Final Plat for Tangerine Crossing Blocks 1 -12 & Common Areas "A ", "B" & "C ". The project is located within the Forest City Specific Plan area, north of Tangerine Road and east of Thornydale Road in a portion of Section 32, Township 11 South, Range 13 East. The proposed subdivision lies on both the east and west sides of Tangerine Crossing Drive. The plat consists of 300 single family residential lots on 125.35 acres. The average lot size within this subdivision is 7,720 square feet. The project density is 3.33 residences per acre. Approximately 12.62 acres of the project site will remain as natural open space. Access to the subdivision will be provided from . Thornydale Road and Tangerine Road by means of Tangerine Crossing Drive, a new collector roadway. The project will include 2.54 miles of new private streets. Upon completion of the staff s - review, this Preliminary Plat will be considered by the Planning • Commission and Town Council Eckerd Drugstore Development Plan Centres, Inc., represented by RHL Design Group, Inc., has submitted the Development Plan for Eckerd Drugstore. The project is located within the Continental Ranch Specific Plan area on Parcel 55A, located at the southwest corner of Silverbeil Road and Cortaro Road in a portion of the northeast 1 /4 of Section 34, Township 12 South, Range 12 East. The project consists of a 13,815 square foot retail drugstore building and 7,113 square feet of detached retail space, together with 107 on -site parking spaces and landscaping, on a 2.99 acre site. Access to this project will be provided from a single driveway on Silverbell Road and two driveway locations on Cortaro Road. Upon completion of the staff's review this Development Plan will be considered by the Planning Commission. Canyon Community Bank Development Plan Canyon Community Bank, represented by the WLB Group, Inc., has submitted the Development Plan for a new Canyon Community Bank facility. The project is located at the northwest corner of Thornydale Road and Costco Drive (north of Costco Drive, between Thornydale Road and Carmack Drainage way) on a portion of Lot 13 of Northpoint Business Park within Section 6, Township 13 South, Range 13 East. The project consists of an 8,993 square foot financial institution with drive thru facilities on a .92 acre site, together with 54 on -site parking spaces and landscaping. Access to the bank will be provided from Costco Drive. Upon completion of the staff s review, this Development Plan will be approved administratively. • Stericycle, Inc. Development Plan Stericycle, Inc., represented by Rick Engineering Company, Inc, has submitted the Development Plan for a Stericycle, Inc.Medical Transfer Station. On October 9, 2002, the Planning Commission approved a Conditional Use Permit for the proposed facility. The project is located west of I -10, north of Ina Road on a portion of Lot 6 of Block 6, Ina Road Model Home Center. The transfer station consists of a 440 square foot modular office, a 169 square foot truck transfer shed, paved employee parking, driveway and maneuvering areas and screen fencing on a 1.87 acre site. Access to the facility will be provided from Star Commerce Way via a private street. Upon completion of the staff's review, this Development Plan will be approved administratively. 42 Acres at 7470 North Wade Road Rezone Charles ( "Bud ") and Penny Cardinal, represented by Planning Resources, submitted an application to rezone approximately 42 acres located between Cortaro Road and Wade Road, north of Ina Road in the South %Z of the southwest %4 of Section 28, Township 11 South, Range 11 East, Assessor's Parcel Numbers 221- 32 -012B, 012C, 016G, 017D, 018A, 018B, 33 and 0220 from R -144 (Residential, Single Family, minimum lot size 144,000sq.ft.) to R -16 (Residential, Single Family, minimum lot size 16,000 sq.ft.) for purposes of developing a proposed 67 lot single family residential subdivision. This request will be considered by the Planning Commission and Town Council upon the completion of the staffs review. , Landscape Plans The Planning Department has received the following Landscape Plan for administrative review: • Bob's Retail Center General Plan Update for Growing Smarter On November 5, 2002, the Town Council approved the Growing Smarter Update of the Marana General Plan. Formal adoption for the plan is pending voter ratification of the plan in a March 2003 Town election. Zoning Code Amendments Mixed -Use Zone As a part of the ongoing code revision process, staff has prepared a draft amendment adding a new Section 05.11.08 — Mixed - Use -MU -1 to the Marana Land Development Code. This new Section establishes a zone to promote and regulate existing low density mixed —use areas of the Town, where existing mixed -uses are historically located, the areas are transitioning into a more intensive use area and where public facilities and utilities may be limited. The intent of the MU -1 district is to encourage orderly growth in semi -rural areas, provide for semi -rural residential uses and allow limited commercial and industrial development where appropriate, which are designed to be compatible with . surrounding uses. The Planning Commission held a public hearing on the new zoning district provisions on November 13, 2002' The Commission forwarded a recommendation to the Council for approval. A Town Council approved the proposed amendment on December 17, 2002. Protection of Cultural Resources Staff has drafted an amendment to the Land Development Code adding Title 20, Protection of Cultural Resources. The proposed ordinance addresses guidelines and specifications for the documentation and protection of archaeological and other cultural resources and encourages sensitive development within the Town. Its intent is to preserve cultural resources within the Town and protect and perpetuate the unique character of the geographic area where existing sites, objects, archaeological remains, architecture or other records of past eras can be of enduring value to the people of the Town in advancing education and appreciation of cultural heritage. The Planning Commission held a public hearing on the draft on December 18, 2002 after which the Commission recommended approval. Town Council consideration is pending. Title 3, Section 3.02, DEFINITIONS, "Building Height" A public hearing before the Planning Commission will be held on January 22, 2003 to consider a requested amendment to Section 3.02, DEFIlVITIONS, "Building Height" of the Marana Land Development Code to change the definition of building height to create a consistent, uniform and more definitive definition, similar to that of the Pima County • Zoning Code and that of other communities. UPDATED 1 /8/03 DEVELOPMENT SUMMARY JANUARY 1, 2002 TO DECEMBER 31,2002 PLANNING DEPARTMENT TOWN OF MARANA , The following is a summary of 2002 Planning Department activity: REZONING: PCZ -0193 Old West Business Center Rezone Approved: March 19, 2002 by Ordinance No. 2002.05 Rezone a 3.8 acre parcel at 6800 N. Camino Martin, located on the east side of Camino Martin approximately 2,405 feet south of Ina Road in the NW1 /4 of Section 6, T1 3S, RI 3E, from R -36 to Hi for a proposed business /industrial center. Applicant: John Gutierrez PCZ -01107 Hidden Springs Rezone • Approved: March 19, 2002 by Ordinance No.2002.04. Rezone a 10 acre parcel, Assessor's Parcel No. 218 -44 -0200, located approximately 2 miles north of Tangerine Road on the west side of Tortolita Road within the NE1 /4 of Section 26, T11S, R12E, from Zone C (Large Lot Zone) to R -36 for 5 single family detached residences. Applicant: Hidden Springs L.L.C. - PCZ -02059 Northwest Corner of Camino De Oeste & Lambert Lane Rezone Approved: September 3, 2002 by Ordinance No. 2002.16. Rezone approximately 18.64 acres located at the northwest corner of Camino De Oeste & Lambert Lane in a portion of Section 12, T1 2S, R12E, Assessor's Parcel Number 216 -27 -0140, from "C" (Large Lot Zone) to R -144 (Residential, Single Family, minimum lot size 144,000 sq.ft. Owner: Jerry and Shirley Foley and Sanford Evans PCZ - 02061 Northeast Corner of Lambert Lane and St. Patrick Road Rezone Approved: September 3, 2002 by Ordinance No. 2002.15. Rezone approximately 40 acres located at the Northeast Corner of Lambert Lane and St. Patrick Road in a portion of Section 12, T12S, R12E, Assessor's Parcel Number 216 -27 -0070, from "C" (Large Lot Zone) to R -144 (Residential, Single Family, minimum lot size 144,000 sq.ft.) to allow the development of no more than 12 homesites. Owner: The Catalina Council, Boy Scouts of America & Bosque School PCZ -02030 4340 W. Ina Road Rezone Approved: September 3, 2002 by Ordinance No. 2002.17. retail drug store within Embassy Plaza at 3800 W. Ina Road. The site is • located at the northwest corner of Ina Road and Thornydale Road at the current site of the Timberlodge Steakhouse. The project is within a NC (Neighborhood Commercial ) district. Provisions of the NC zone requires the approval of a Conditional Use Permit for drive -thru facilities. Applicant: Embassy Plaza L.L.C. CUP -01116 Trico Electric Communication Tower Approved: March 19, 2002 by Resolution No. 2002 -17. An application for a Conditional Use Permit to allow the installation of a 100 foot communication tower at the new Trico headquarter facility at 8600 W. Tangerine Road. Applicant: Trico Electric Cooperative, Inc. CUP -02080 Stericycle Approved: October 9, 2002, by Planning Commission A request for a Conditional Use Permit to construct and operate a medical waste transfer station in the "E" (Transportation Corridor) zoning district on Lot 6 of Blocks 7 and 8 of the Ina Road Model Home Center subdivision, located on the west side of the east bound 1 -10 frontage road approximately ' /Z mile north of the Ina /1 -10 interchange. The proposed facility will provide for they daily transfer and transport of collections to the Stericycycle treatment/collection center in Chandler, AZ Applicant: Stericycle, Inc. • CUP -02087 13252 N. Sandra Road 2002 b Planning Commission Approved: November 13, g mission PP Y A request for a Conditional Use Permit to allow the installation of a new manufactured home in the AG (Agricultural ) zone on a 4.77 acre parcel located at 13252 N. Sandra Road-, north of Moore Road, east of Sandra Road in a portion of Section 26; T11 S, R1 2E Applicant: Peter and Gina Russo i GENERAL PLAN /SPECIFIC PLAN AMENDMENTS: SPA -01108 Continental Ranch Specific Plan Amendment, Marana Golf, Inc. Approved: February 5, 2002 by Ordinance No. 2002.01 A request for an amendment to the Continental Ranch Specific Plan on property generally located north of Cortaro Road, east of the Santa Cruz River and west of the 1 -10 frontage road. The proposed amendments include the following: 1) The addition of 123.84 acres, currently being used for aggregate extraction and processing, into the specific plan area; 2) Reclamation and redevelopment as golf course on approximately 94 acres of the above added area, with a plan designation of R/R (Resort/Recreation); 3) Development of the remaining 29.4 added acres with a plan designation of MHD (Medium High Density Residential); 4) Creation of a new land use designation (AEP- Aggregate Extraction and Processing) to be placed on approximately 100 acres along the 1 -10 • frontage road, together with the creation of additional development regulations, design guidelines, buffers and reclamation policies for the new AEP designation; 5) Conversion of approximately 20 acres of the existing Links golf course from R/R designation to Freeway Commercial (C *); and 6) Hills Specific Plan property from Medium to High Density Residential, Community Commercial and Open Space: Recreational to Low Density Residential to respond to changing conditions and environmental issues in northeast Marana that suggest that the densities and land -uses in the Hartman Hills Specific Plan are no longer appropriate for the area. SIGNIFICANT LAND USE CHANGES SLU -02023 New West Materials Significant Land Use Change Approved: April 12, 2002. An application for a Significant Land Use Change in a Zone "C" (Large Lot Zone) to allow the operation of an aggregate extraction and processing operation on 220 acres located on the north side of Avra Valley Road, approximately 2 miles west of 1 -10 in a portion of Section 12, T1 2S, R11 E, adjacent to New West's existing operation. Applicant: New West Materials SLU -02070 14431 W. Linda Lane Approved: November 1, 2002. An application for a Significant Land Use Change in a Zone "A" (Small Lot Zone) to allow the operation of a feed and supply business at 14331 W. Linda :Lane, located on the west side of Trico - Marana Road, south of Linda Lane in a portion of Section 24, T1 2S, R1 OE. Applicant: Bruce Dewey SUBDIVISION PLATS: PRELIMINARY SUBDIVISION PLATS PRV- 01101PP Continental Reserve Block 14, Lots 1 through 82 Approved: January 15, 2002, by Resolution No. 2002 -07. An 82 lot single family residential subdivision on 42.1 acres. Located within the Pima Farms Specific Plan area approximately' /4 mile south of Silverbell Road, south of Continental Reserve Loop, in a portion of Sections 28 and 33, T1 2S, R1 2E. Owner /Developer: US Home Corporation PRV- 01 105PP Continental Reserve Block 10, Lots 1 through 69 Approved: February 5, 2002, by Resolution No. 2002 -09. A 69 lot single family residential subdivision on 26.45 acres Located within the Pima Farms Specific Plan area south of Pima Farms Road and west of Continental Reserve Loop, in a portion of Section 28, T1 2S, R1 2E. Owner /Developer: Diamond Ventures, Inc. PRV- 0196PP Continental Reserve Blocks 1 and a Portion of Block 7, Lots 1 through 61 Approved: February 5, 2002 by Resolution No. 2002 -10. • A 61 lot single family residential subdivision on 26.45 acres. • Located in the Continental Ranch Specific Plan area at the southwest corner of Twin Peaks Road and Coachline Boulevard in a portion of Section 21, T12S, R12E. Owner /Developer: Pulte Home Corporation PRV -02011 PP Marana Golf Continental Ranch, Blocks 1 thru 5 Approved: June 4, 2002 by Resolution No. 2002 -66. A Block Plat for a 354 acre mixed use development implementing the relocation of the San Xavier aggregate extraction and processing operation from its current location to the north portion of the site, including the reclamation of the current site as golf course, together with medium density residential, resort and freeway commercial elements. Block 2 consists of the new sand and gravel operation. Located within the Continental Ranch Specific Plan area, generally on the west side of the 1 -10 frontage road, north of Cortaro Road and east of the Santa Cruz River in portions of Sections 22, 26 and 27, T1 2S, R1 2E. Owner /Developer: Marana Golf, Inc. PRV- 01 106PP The Gallery Parcel 4A, Lots 1 -21 Approved: July 19, 2002 administratively, in accordance with the provisions of the Dove Mountain Specific Plan. A 21 lot single family residential subdivision on 32.59 acres. Located within the Dove Mountain Specific Plan area approximately' /4 mile north of Dove Mountain Boulevard, north of the Gallery Parcel 3, in a portion of Sections 14 and 23, T11 S, R1 2E. Owner /Developer: Tortolita Properties, L.L.C. PRV- 01 106PP The Gallery Parcel 4A, Lots 1 -21 Approved: July 19, 2002 administratively, in accordance with the provisions of the Dove Mountain Specific Plan. A 21 lot single family residential subdivision on 32.59 acres. Located within the Dove Mountain Specific Plan area approximately' /4 mile north of Dove Mountain Boulevard, north of the Gallery Parcel 3, in a portion of Sections 14 and 23, T11 S, R1 2E. Owner /Developer: Tortolita Properties, L.L.C. PRV- 01118PP The Gallery Parcel 4B Approved: July 19, 2002 administratively, in accordance with the_ provisions of the Dove Mountain Specific Plan. A 17 lot single family residential subdivision on 28.23 acres. Located approximately' /4 mile north of Dove Mountain Boulevard in a portion of Sections 14 and 23, T11 S, R1 2E. Owner /Developer: Tortolita Properties, L.L.C. PRV- 0194PP The Gallery Resort Parcel, Lots 1 -13 Approved: September 19, 2002 administratively, in accordance with the provisions of the Dove Mountain Specific Plan. A 13 lot single family residential subdivision on 31.37 acres. • Located within the Dove Mountain Specific Plan area approximately' /4 mile north of Dove Mountain Boulevard, north of the Gallery Parcel 1 "Cottages" in a portion of Sections 13 and 24, T11 S, R12 E. • PRV- 0140FP Continental Reserve Block 13, Lots 1 through 76 Approved: April 2, 2002 by Resolution No. 2002 -13. A 76 lot single family residential subdivision on 21.39 acres. Located within the Pima Farms Specific Plan area approximately %2 mile south of Silverbell Road on the east side of Continental Reserve Loop in a portion of Section 28, T12S, R12E. Owner /Developer: Genesee Company PRV -0191 FP Continental Reserve Blocks 2 and 3, Lots 1 through 146 Approved: April 2, 2002 by Resolution No. 2002 -30. A 146 lot single family residential subdivision on 37.08 acres. Located within the Pima Farms Specific Plan area north of Pima Farms Road and west of Continental Reserve Loop, in a portion of the NW1 /4 of Section 28, T12S, R12E. Owner /Developer: A.F. Sterling Home Builders, Ltd. PRV -0171 FP Continental Reserve Block 8 and a Portion of Block 7, Lots 1 through 97 Approved: May 21, 2002 by Resolution No. 2002 -57. A 97 lot single family residential subdivision on 23.01 acres. Located.within the Pima Farms Specific Plan area, on the west side of Continental Reserve Loop, both north and south of Pima Farms Road in a portion of Section 28, T12S, R12E. Owner /Developer: Diamond Ventures, Inc. • PRV -01101 FP Continental Reserve Block 14, Lots 1 through 82 Approved: May 21, 2002 by Resolution No. 2002 -58. An 82 lot single family residential subdivision on 42.1 acres. Located within the Pima Farms Specific Plan area approximately 3 /a mile south of Silverbell Road, south of Continental Reserve Loop, in a portion of Sections 28 and 33, T12S, R12E. Owner /Developer: US Home Corporation PRV- 01 105FP Continental Reserve Block 10, Lots 1 through 69 Approved: May 21, 2002 by Resolution No. 2002 -59 A 69 lot single family residential subdivision on 24.88 acres Located within the Pima Farms Specific Plan area south of Pima Farms Road and west of Continental Reserve Loop, in a portion of Section 28, T12S, R12E. Owner /Developer: Diamond Ventures, Inc. PRV- 0196FP Continental Reserve Blocks 1 and a Portion of Block 7, Lots 1 through 61 Approved: May 21, 2002 by Resolution No. 2002 -60. A 61 lot single family residential subdivision on 26.45 acres. Located within the Pima Farms Specific Plan area north of Pima Farms Road and directly south of the existing Silver Moon Subdivision, in a portion of Section 28, T12S, R12E. • Owner /Developer: Diamond Ventures, Inca PRV- 01 125FP Sonoran Vista, Lots 1 through 66. An 18,000 square foot retail hobby store with race tracks for remote control • cars on a 1.74 acre site. Located on the east side of Costco Drive, opposite the Home Depot on a portion of Lot 4 of Orange Grove Industrial Park in a portion of the SE1 /4 of Section 6, 71 3S, R1 3E. Owner /Developer: Joseph L. Simek DPR -0184 Arizona Shuttle Service Approved: January 16, 2002, administratively A new permanent northwest shuttle station for Arizona Shuttle Service consisting of a 576 sq.ft. office and 43 on -site parking spaces on .65 acres. Located at 4930 W. Ina Road, on the northside of Ina Road approximately 1 /4 mile west of 1 -10, west of Denny's Restaurant, in a portion of Section 36, T12S, R12E. Owner /Developer: Arizona Shuttle Service, Ismail Zahlan DPR -0125 Dove Mountain Self Storage Approved: January 24, 2002, administratively. 34,000 sq. ft. of self storage warehouse space in 4 buildings including an office and an RV /boat storage area on 2.98 acres. Located on the west side of Tortolita Road north of Moore Road, adjacent to the Dove Mountain Fire Station in the SE1 /4 of Section 26, T11S, R12E. Owner: Northwest Holding • DPR -0173 Skate Country Approved: January 24, 2002, administratively. A 24,850 square foot indoor roller skating rink on 1.96 acres. Located at 3960 W. Ina Road, west of Thornydale Road on the north side of Ina Road, directly north of Discount Tires. Applicant: Skate Country North- -Steve Gabany DPR -01103 Walmart Supercenter at Continental Ranch Approved: February 27, 2002 by Planning Commission. A 203, 622 square foot retail department store on a 19.59 acre site. Located within the Continental Ranch Specific Plan area on Continental Ranch Parcel 65, at the SW corner of 1 -10 and Cortaro Road in a portion of the S % of Section 26, T1 2S, R12E. Owner Developer: Arizona Pavilions, LLC DPR -0176 On Ina 2 Car Wash Approved: March 26, 2002, administratively. An 11,366 square foot building area on 1.47 acres for an auto car wash and tube. Located on northside of Ina Road west of La Parilla Suiza, in a portion of Section 31, T12S,R13E. Owner /Developer: Lance Fischer DPR - 02007 ABC Radiator and Air Conditioning Approved: April 16, 2002, administratively. • A 6,785 sq.ft. auto service facility on a .77 acre site. A vacation club (timeshare for the Hyatt Regency Resort) consisting of 240 • units (159,780 sq. ft. of floor area) in 30 separate buildings containing 8 units per building on a 38.15 acre site. Located approximately 2.5 miles north of Tangerine Road on the north side of Dove Mountain Boulevard in a portion of Sections 14 and 23, T11 S, R1 2E Applicant: Cottonwood Properties, Inc. DPR -02053 New West Materials Approved: September 3, 2002 by Resolution No. 2002 -87. An expansion of an existing Sand and gravel operation together with material processing, on 139.36 acres. Located at 9300 W. Avra Valley Road, on the north side of Avra Valley, approximately 2 miles west of 1 -10 in a portion of Section 12; T1 2S, R11 E and Section 7, T12S, R12E. Owner: New West Materials DPR -02050 Tucson Cycle & Ski Approved: September 20, 2002, administratively. Removal of an existing modular building and construction of a new 20,160 sq.ft. building for showroom, sales, parts and service on 2.54 acres. Located at the southwest corner of Ina Road and Camino Martin at 4375 W. Ina Road. Owner /Developer: Chilton Properties LLC Status: • DPR -02073 El Rio Neighborhood Park and Trail Approved: October 31 2002; administratively. A neighborhood park and trail in association with the El Rio Subdivision, including an asphalt path, turf, play areas, restrooms, parking, landscaping and irrigation. Located within the Continental Ranch Specific Plan area on Common Area "A" of the El Rio Final Plat at 10156 N. Blue Crossing Way. Developer: KB Homes/Town of Marana DPR -02003 Walgreens -3800 W. Ina Road Approved: November 18, 2002, administratively. A14,490 sq. ft. retail drug store with a single drive -thru pharmacy window on 1.3 acres. The store will replace the existing Timberlodge Steakhouse on the site. Located at the northwest corner of Ina Road and Thornydale Road on a portion of Lot 2 of Embassy Plaza . Developer: EvergreenDevco DPR -02028 Brake Max 7 at Continental Ranch Approved: November 13, 2002, by Planning Commission. A 5,467 sq.ft auto service facility on .69 acres. Located in the Continental Ranch Specific Plan area at the intersection of Cortaro Road and Jenna Nicole Lane on the northerly portion of Lot 3 of • Parcel 63A Continental Ranch, Lots 1 -4. Owner /Developer: Brake Max 7 L.L.C. NPP -9766 Los Morteros Estates, Lot 3 S Approved: August 30, 2002. NPP -02055 New West Materials Approved: October 21, 2002. . VARIANCES: VAR -02025 Cortaro Ranch Lot 41 Approved: April 16, 2002 by Resolution No. 2002 -42, Town Council sitting as Board of Adjustment. A request by Richmond American Homes for a variance of 1:8 feet off the required front setback of 20' and 2.6 feet off the required rear setback of 20' on Lot 41, Cortaro Ranch. VAR- 02067 4340 W. Ina Road Variance Approved: September 3, 2002 by Resolution No. 2002 -89. A request for a variance from the Land Development Code Title 05.11.01 (1)(1) requiring 100 foot street frontage for Commercial (CO) zoning for a property located at 4340 W. Ina road, approximately 100 feet east of Ulene Place on the north side of Ina Road, Assessor's Parcel No. 225 -37 -3750, in a portion of Section 31, T12S, R13E. • VAR -02064 Orange Grove Industrial Park Variance Approved: December 3, 2002 by Resolution No. 2002 -136. A request for a variance from the minimum required lot depth of 200 feet in the LI (Light Industrial) zoning district, for lots 15, 17 and 18 of the proposed Orange Grove Industrial Park Preliminary Plat. Located west of Thornydale Road, south of Orange Grove Road and adjacent to the 1 -10 frontage road in the NE1 /4 of Section 7 and the SW1 /4 of Section 8, T1 3S, R1 3E. DEVELOPMENT CODE TEXT AMENDMENTS: PCM -02013 Title 5 Zoning Amendments- Delete Lot Reduction Option Approved: April 2, 2002 by Ordinance No. 2002.10. An amendment to the Land Development Code, Title 5, Zoning deleting the exception provision of the minimum lot areas and other various concerns related to the R -8, R -7, and R -6 zoning districts. PCM -02068 Title 6- Subdivisions Approved: November 5, 2002, by Ordinance No. 2002.20 and Resolution No. 2002 -116 An amendment to the Land Development Code of the Town of Marana, revising Title 6 Subdivisions, dealing with subdivision requirements, processing, design standards and adding Minor Land Divisions. . PCM -02092 MU -1 Mixed Use Zone Approved: December 17, 2002 by Ordinance No. 2002.28. . LPR -02017 Continental Reserve -Block 14 Approved: June 5, 2002. LPR -02016 Continental Reserve- Block 12 Approved: June 7, 2002. LPR -02027 The Gallery Parcel 3 Approved: July 2, 2002. LPR -02014 San Xavier Aggregate Extraction and Processing Area Approved: July 11, 2002. LPR -02008 ABC Radiator Approved: July 30, 2002. LPR -02041 Continental Reserve Block 8 Approved: August 28, 2002. LPR -02054 New West Materials Approved: August 28, 2002. LPR -02040 Continental Reserve Blocks 1 & 7 Approved: September 11, 2002. LPR -02031 Arizona Pavilions Drive Approved: September 17, 2002. LPR -02051 Tucson Cycle & Ski Approved: October 25, 2002. LPR -01120 Gladden Farms, 1 St Phase Approved: November 1, 2002. LPR -02029 Brake Max 7 at Continental Ranch Approved: December 2, 2002. - LPR -02077 Golf Villas at Dove Mountain Approved: December 5, 2002. LPR -02033 KFC/Taco Bell Restaurant at Continental Ranch Approved: December 5, 2002. MISCELLANEOUS: PSP -02039 Sun Tran Park & Ride Planned Sign Program Approved: May 6, 2002. • PCM -02086 Brake Max 7 @ Continental Ranch Lot Split A request to split Lot 3 of Continental Ranch Parcel 63A 1 TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: January 21, 2003 AGENDA ITEM: IX. A. i TO: Mayor and Council FROM: Brad DeSpain, Utilities Director SUBJECT: Resolution No. 2003 -01 Appointment of Marana Water Utility Advisory Committee Members. DISCUSSION: The Town of Marana Water Utility Advisory Committee has three members, Mrs. Betty Horrigan, Mrs. Jo Rex and Mr. Robert Condit, whose terms expired on December 31, 2002. The committee members discussed the terms expiring and recommend the reappointment of Mrs. Betty Horrigan, Mrs. Jo Rex and Mr. Robert Condit to three -year terms expiring on December 31, 2005. RECOMMENDATION: The Water Utility Advisory Committee and staff recommend the r eappointment o f Mrs. Betty Horrigan, Mrs. Jo Rex, and Mr. Robert Condit for three -year terms. SUGGESTED MOTION: I move to approve Resolution No.2003 -01. UTQJCBD /APM 01/14/037:18 PM Resolution No. 2003 -02 MARANA RESOLUTION NO. 2003 -01 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPOINTING THREE MARANA WATER UTILITY ADVISORY COMMITTEE MEMBERS FOR A PERIOD OF THREE YEARS. WHEREAS, pursuant to Section 14 -2 -3 of the Marana Town Code, the Mayor and Town Council are empowered to appoint the Marana Water Utility Advisory Committee Members through a majority vote; and WHEREAS, the terms of three of the seven Marana Water Utility Advisory Committee Members expired on December 31, 2002; and WHEREAS, the three Members whose terms expired, Mrs. Betty Horrigan, Mrs. Jo Rex, and Mr. Robert Condit are agreeable to reappointment to the Marana Water Utility Advisory Committee; and WHEREAS, the Mayor and Council ofthe Town ofMarana find that reappointing Mrs. Betty Horrigan, Mrs. Jo Rex and Mr. Robert Condit to the Marana Water Utility Advisory Committee is within the best interests of the Town and residents of Marana. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that Mrs. Betty Horrigan, Mrs. Jo Rex and Mr. Robert Condit are hereby appointed to the Marana Water Utility Advisory Committee, for a period of three years, said terms to expire on December 31, 2005. Marana, Arizona Resolution No.2003 -01 1 • PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21 day of January 2003. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Entz Town Clerk APPROVED AS TO FORM: Daniel J. Hochuh, Esq. As Town Attorney and not personally Marana. Arizona Resolution No.2003 -01 2 a TOWN COUNCIL TOWN . MEETING OF INFORMATION MARANA DATE: January 21, 2003 AGENDA ITEM: IX. A. 2 TO: Mayor and Council FROM: Joel D. Shapiro, Planning Director SUBJECT: Resolution No. 2003 -02: Farm Field Five Final Plat: A request for approval of a 248 -unit single- family subdivision on 69.08 acres, within the Rancho Marana Specific Plan, being a portion of the south half of Section 27, Township 11 South, and Range 11 East. Located generally south of Barnett Road and east of Sandario Road, in the Town of Marana. DISCUSSION: The P reliminary P lat f or this project was heard by Marana Town Council at the regular meeting of March 5, 2002, and was approved. The Rancho Marana Specific Plan was adopted on February 6, 1990, by Ordinance 90.04. The Plan was amended on May 18, 1999 by Ordinance No. 99.13. The Specific Plan consists of approximately 996 acres, divided by Ordinance No. 99.13 into two areas; land located east of I -10 known as Rancho Marana East, consisting of approximately 242 acres, and land west of the Interstate known as Rancho Marana West, approximately 754 acres. This project is within the Rancho Marana West area. In addition to the requirements of the Rancho Marana West Specific Plan, this property is within the adopted Northwest Marana Area Plan, and will be subject to the recreation, landscape, architectural, and site development requirements within that Plan. The developer has submitted to the town a master development guidelines document, conceptual landscape plans and a conceptual land use plan that conforms to the Rancho Marana West Specific Plan and the Northwest Marana Area Plan. Additionally, we have received a draft of the Preliminary Block Plat for the Rancho Marana West Specific Plan area that is controlled by the applicant, and have found it to be generally in conformance with staffs' expectations. This is the first Final Plat and lotting plan to be considered within the Northwest Marana Area Plan. Gross density is 3.59 RAC. The average lot size is 6,727 square feet. Linear retention areas create "greenbelts" at the rear of most streets within the subdivision. All retention areas will be required to meet Town standards. These linear greenbelt areas are all interconnected, and have the benefit of allowing each lot to back up to a green area instead of another home. The interior streets are curvilinear and interconnected. This property lies within a projected "Residential Village" per the Northwest Marana Area Plan. The Northwest Marana Area Plan requires the use of "Adjusted Gross Acreage" to determine development density throughout the project area. This formula is stated as "the Gross area of the Project Site minus Rights of Way, Drainage, School, and Public Park needs ". • The developer has been responsible for developing an overall village identity that defines P p g g ty fries project architecture and design; unified landscape themes; streetscapes; entry features; and any other requirements of the designation. The "theme" will follow the agrarian heritage of the Town. The Design Standards submitted by the developer has addressed these issues. There are two entrances to the subdivision from Sandario Road, with Vanderbilt Farms Boulevard being the main entrance. There is also an entrance from Moore Road. Provisions for interconnection to the future developments have been anticipated at DeSpain Drive. Interconnection with the new Town Hall and downtown will be achieved from Vanderbilt Farms Boulevard, with streets connecting to the north. Drainage is accomplished through the use of retention basins within the green belts that run throughout the subdivision, and the development of the Barnett Channel that will run along the old Barnett Road alignment. The utilities serving this project are Marana Water, Pima County Wastewater, TEP, and Southwest Gas. A Sewer Service agreement has been approved for the sewer service. Non- potable water will be provided for the maintenance of common areas, when it is available. This site will require street dedications, flood control contributions, and an in -lieu contribution for off -site parkland, all of which are properly addressed in a Development Agreement between the developer and the Town. The developer has entered into a • Development Agreement with the town that is currently in draft form, but is substantially in compliance with the requirements of the Town. The current land use designations for this property per the Ranch Marana Specific Plan are MDR (Medium Density Residential), MHDR (Medium High Density Residential), C -III (Commercial), and OB -I (Office/Business — I). Medium Density Residential is a permitted use in all of those land uses. The Preliminary Plat was approved subject to a number of conditions. Since the Preliminary Plat was approved, some of the conditions have been met or addressed to the satisfaction o f s taff. B ased o n i hat 1 evel o f performance, staff recommended waiver for three of the existing conditions. On December 17, 2002 the Town Council passed Resolution 2002 -148, striking those conditions from the Conditions of Approval for the Farm Field Five Preliminary Plat. This Final Plat is being processed prior to the approval o f a B lock P lat f or the R ancho Marana Specific Plan. For that reason, staff is recommending that the approval of this plat be conditioned with the following conditions: 1. A Final Block Plat must be recorded prior to issuance of building permits. 2. An approved Development Agreement addressing regional park requirements, school site requirements, street dedications, and off -site drainage requirements must be recorded prior to the issuance of building permits. RECOMMENDATION: Planning Staff recommends approval of PRV- 01095, Farm Field Five Final Plat with the recommended conditions. SUGGESTED MOTION: I move to approve Resolution No. 2003 -02. M • MARANA RESOLUTION NO. 2003-02 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING THE FINAL PLAT FOR PRV -0195 FARM FIELD FIVE, SUBMITTED BY VANDERBILT FARMS, LLC, FOR A 248 -LOT SINGLE FAMILY DETACHED HOME SUBDIVISION ON 69.08 ACRES LOCATED WITHIN THE RANCHO MARANA SPECIFIC PLAN, LOCATED AT THE NORTHEAST CORNER OF SANDARIO ROAD AND MOORS ROAD; A PORTION OF THE SOUTH HALF OF SECTION 27, TOWNSHIP 11 SOUTH, RANGE 11 EAST. WHEREAS, the Preliminary Plat was heard by the Marana Planning and Zoning Commission January 30, 2002 and was forwarded with a recommendation of approval with recommended conditions; and WHEREAS, the Preliminary Plat was heard by the Marana Town Council March 5, 2002, and Resolution 2002 -24 was approved; and WHEREAS, Vanderbilt Farms, LLC is the owner of 69.08 acres within the Rancho Marana Specific Plan generally located in a portion of the south half of Section 27, Township 11 South, Range 11 East, and has applied for approval of a Preliminary Plat for 248 lots on 69.08 acres; and WHEREAS, the Marana Town Council has heard from the representative(s) of the owners, staff, and members of the public at the regular Town Council meeting, January 21, 2003 and has determined that the Final Plat for PRV -0195 Farm Field Five should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Final Plat, submitted by Vanderbilt Farms, LLC for a 248 -lot single family detached home subdivision on 69.08 acres located at the northeast corner of Sandario Road and Moore Road; a portion of the south half of Section 27, Township 11 South, Range 11 East be approved with the following conditions: 1. A Final Block Plat must be recorded prior to issuance of building permits. 2. An approved Development Agreement addressing regional park requirements, school site requirements, street dedications, and off -site drainage requirements must be recorded prior to the issuance of building permits. Marana Resolution No. 2003 -02 Page 1 of 2 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21 st day of January 2003. ATTEST: Mayor BOBBY SUTTON JR. Jocelyn C. Entz Town Clerk APPROVED AS TO FORM: Daniel J. Hochuh As Town Attorney and not personally Marana Resolution No. 2003 -02 Page 2 of 2 t ' TOWN OF MARANA MARARN Planning and Zoning Department ..�., 3696 W. Orange Grove Road ♦ Tucson, AZ 85741 (520) 297 -2920 Fax: (520) 297 -3930 PLANNING & ZONING APPLICATION LI y 4 ,. ❑ Preliminary Plat ❑ General Plan Amendment ❑ Variance Final Plat ❑ Specific Plan Amendment ❑ Conditional Use Permit ❑ Development Plan ❑ Rezone ❑ Other ❑ Landscape Plan ❑ Significant Land Use Change ❑ Native Plant Permit _ �- Assessor's Parcel Numbers) General Plan Desig ff o be confirmed by sta Gross Area (Acre /Sq. Ft.) .�� 3009 31a $ Current Zoning mbp. MNDR, C►�t311 o be confirmed by staff)1) Development/Project Name ��``�� Proposed Zoning Gtf M I+x.0 Project Location �C.Lt•0 ()r„n����v�� � Description of Project S 1 l � ��` �t'u0.� -. `' - -/ J[.eS�CI,Q•.`I't.av _ Property Owner ' iatMS I Street Address + War 0- —� 1 . Sk i O q ' 1 - e- City State Zip Code Phone Number Fax Number E -Mail Address A, -Z_ 85 8 yso- 83c - ;OOD Aso- 853 -lwq • Contact Person � 1 � An � ^ c Phone Number ' �{�o- B31•aoao Applicant Q W rq LLc- Street Address W r rav- Vok 0 0 1 • City State Zip Code Phone Number Fax Number E -Mail Address AZ Contact Person Phone Number 1 (QIL QeS Lf 3 0- n t 200 0 Ageoepresentative l? _ Street Address Q L i y 1 lam" __ City State Zip Code I Phone 14umber Fax Number E -Mail Address k'2— 5111 V _ - 1 o - ? 41 "&b fou . Cox, Contact Person Town of Marana Business License No. I, the undersigned, certify that all of the facts set forth in this application are true to the best of my knowledge and that I am either the owner of the property or that I have been authorized in writing by the owner to file this application and checklist. (If not owner of record, attach written authorization from the owner.) L►rda , h t /al0.% Print Name of Applic!Ltagent Si ature Date FOR OF ICE USE ONLY • Case No. WN - Ofd' Date Received n A.Vo _ Receipt No. " `• 1 CRW No. ?R10aU — dol Received By Fee Amount 4 1 16, 150. 44 MGM SUPPLEMENTAL SHEET Type of Project: Residential E] Commercial Industrial Other (explain) Project Location: y,nPit/ <crs�,vcrC of SAyyiwon 0. I4-1t -)o /14�Sng-� KO Project Area: 3 t l S - sq. ft. , (� 2, es? acres RESIDENTIAL Number Density 1 BR 2 BR 3+ BR Apartments units RAC Single Family Attached units RAC Other y units RAC Parking: Total on -site: - Ratio: y per unit. Garage: ;;? Carport: Open: Open Space: sq. ft. /unit. Patios: sq. ft. Balconies: sq. ft. Storage Areas: cu. ft. /unit Total Building coverage % • NON- RESIDENTIAL Hours of Operation: a.m. to p.m. through Number of Shifts: Employees /Shift: Total Employees: Gross Floor Area: sq.ft. Existing: sq.ft. Proposed: SCAL. Parking Spaces: spaces Ratio: /sq. ft. or Employees Seating Capacity: Number of Students /Children: (If applicable) (When applicable) Building Coverage: % Landscaping: % of the site LIST RELATED CASES CASE FILE NAME/PROCESS 1. 2. 3. 4. 5. • H: IPLANNING\FORN 'SIDEVPKG119991PPRAPP99.DOC Page 6 of 7(Rev. 317/00) - - LOCATION MAP MARANA ® PRV -0195 Farm Field Fiv =/ I \\, TOWN OF MARANA z i r F t J �i rn Farm Field Five It D , D b r M A� Y v4 4 Request to construct a 248 -lot subdivision on 69.08 acres within the Rancho Marana Specific Plan. i 24RANA RESOLUTION NO. 2002 -148 A RESOLUTION OF THE 1\F AYOR AND TOWN, COUNCIL OF THE T 0 iN OF MAP-LLNA, ZON A, VN'.- .I'VZN CONDITIONS 17,18 & 19 OF THE PRELIMlN':^ RY PLAT FOR PRV- 0195 FARNN =T D Fl� %E; SUBMITTED BY - V 1NTDERBILT FARMS, LL C, FOR A- SINGLE FAM= DETACHED HOME SUBDIVISION ON 69.08 ACRES LOCATED IVITHLNT T RANCHO IVLAR -XA SPECIFIC PLAN, LOCATED AT THE NORTHEAST CORNER OF S N"D ARIO ROAD Alter MOORE ROAD; A PORTION OF THE SOUTH HALF OF SECTION 27, TOIAWSI� 11 SOUTH, RANGE 11 EAST. . IA =REAS, this Preliminary Plat was heard by the Marana Planning and Zoning Commission January 30, 2002 and was forwarded with a recommendation o= approval with recommended conditions; and 1 A7HEREAS, Vanderbilt Farms, LLC is the owner of 69.08 acres within the Rancho Ivlarana Specific Plan generally located in a portion of the south half of Section 27, Township 11 South, Range 11 East, and has applied for approval of a Preliminary Plat for 248 lots on 69.08 acres; and )A=R: -AS the Marana Torn Council has heard from the re resentat<ive s ofthe owner P �) s, sue, and members of the public at the regular Town Council meeting, March 5, 2002, and has determined that the Preliminary Plat for PRV -0195 Farm Field Five should be approved, and VG =R✓_ -S, The underlying concerns relating to conditions of appro%-21 17. 18 & 19 h,ye been satisfied to the To , ,;n's satisfaction, rendering the implementation: of said conditions unnecessary. NOW. THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Conditions of Approval for the subject Preliminan Plat, submitted by Vanderbilt Fans, LLC for a 248 -lot single family detached home subdivision on 69.08 acres to ;aced at the northeast corner of Sandario Road and Moore Road; a portion of the south hail of Section 27, Township 11 South, Range 11 East be modified to strike the following conditions: 17. An amendment to the Rancho Marana Specific Plan is required to acco=— odate this plat. It must be completed prior to submittal of the final plat. 18. A Block Plat will be required, including this parcel, and must be recorded prior to submittal of a final plat for this project. 19. No aradina, clearing, or any land disturbance shall be permitted, elcpt agricultural uses of the property, until a block plat is recorded. Page 1 of 2 Marana, Arizona Rsoiurion No. 2002 -145 PASSED .A ADOPTED by the Mayor and Council of the Town of Marana, Arizona.':a 17 day of December, 2 002. Mayor Bobby Sutton, j:. 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I I I y a I $I a all m' a I ' y .czvtt IN 3,IZ.6LD05 I 1 I I �• C� W u � 2 �� S �� I 4 I m rn a a I ( 21 I I L IZ = c � � i i a� \ \'s• of 4 Tli �1L5 � 6 - � .� _ _ � AS's �� � � / ` x25.5 O .. p sk coo w I,(A Om t '6't u u '6o m m ter° t\tV C /� o I I a = °w $ I 19 y yg c' a u =� �� ` _ > I � / .iw•Bq .86TS y9 AM .OD•SS .0035 LI 151W Nit rn v b 2 I I I f b TOWN COUNCII, TOWN MEETING OF • INFORMATION MARANA DATE: January2l,2003 AGENDA ITEM: IX. A. 3. TO: Mayor and Council FROM: Brad DeSpain, Utilities Director SUBJECT: Resolution No. 2003 -07 : Agreement between Town of Martina and D. R. Horton for Construction of Water Facilities Under Private Contract. DISCUSSION: D. R. Horton desires to install an On -Site Water Facility to provide service to a development now known as Cortaro Ranch Phase 11. Pursuant to an Agreement between the Town of Marana and D. R. Horton the developer will construct on -site water service facilities and then pass ownership of these facilities to the Town; the Town will then provide water service to Cortaro Ranch Phase 11. Attached is the Town of Marana Agreement for Construction of Water Facilities Under Private Contract. This project cannot move forward until the Council approves the terms and conditions of the Water Facilities Contract. The Marana Water Utility Advisory Committee has approved and recommends the agreement to Council for approval. RECOMMENDATION: The Water Utility Advisory Committee and staff recommend approval of the agreement between the Town and D. R. Horton for the construction of on -site water facilities for Cortaro Ranch Phase H. SUGGESTED MOTION: I move to approve Resolution No. 2003-07. UT UCBD /APM 01/14/037:19 PM Resolution No. 2003 -07 • MARANA RESOLUTION NO. 2003-07 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, ACCEPTING AND AUTHORIZING THE APPROVAL OF AN AGREEMENT BETWEEN THE TOWN OF MARANA AND D. R. HORTON FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT. WHEREAS, D. R. Horton intends to facilitate the development of that certain property to be called Cortaro Ranch Phase H (the "Property"), more specifically described within Exhibit "1," an Agreement for Construction of Water Facilities Under Private Contract between the Town of Marana and D. R. Horton (the "Agreement "); and WHEREAS, D. R. Horton desires to arrange for the provision of water service within the Property in connection with development thereof; and WHEREAS, Marana is willing to provide water service to and within the Property in accordance with Chapter 14 of the Marana Town Code and in accordance with the terms of the Agreement; and WHEREAS, D. R. H orton a grees t o t he c onstruction of on -site water facilities for the Property; and . WHEREAS, the Mayor and Council find that the terms and conditions of the Agreement are in the best interest of the Town. Marana, Arizona Resolution No. 2003 -07 Page 1 of 3 i NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council ofthe Town ofMarana, Arizona, accepting and authorizing the approval of the Agreement attached hereto as Exhibit "1" and incorporated herein by this reference for construction of water facilities. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21 st day of January 2003. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Entz Town Clerk APPROVED AS TO FORM: Daniel J. Hochuli, Esq. As Town Attorney and not personally Marana, Arizona Resolution No. 2003 -07 Page 2 of 3 EXHIBIT "1" Marana, Arizona Resolution No. 2003 -07 Page 3 of 3 1 TOWN OF ALAR ANA AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT THIS AGREEMENT (this "Agreement'), authorized by Chapter 14 of the Marana Municipal Code, made and entered into this day of 2003, by and between the TOWN OF MAR-ANA, hereinafter called the Town, and D. R. HORTON, hereinafter called the Applicant. WITNESSETH: WHEREAS, the Applicant desires to install a water facility to provide senice to the following described parcel of land (Cortaro Ranch Phase 11) described on Exhibit "A" attached hereto; and WHEREAS, the following special condition(s) applies to the above- described property only when so indicated by an "X" next to the condition described below: N/A (1) The water facility will be a Protected Main per Plan No. and, therefore, will be subject to the conditions outlined in Section VII of this Agreement. N/A (2) The water facility will be a Protected Booster per Plan No. and, therefore, will be subject to the conditions outlined in Section VIII of this agreement. X (3) Prior to the final inspection, Applicant shall pay to the Town all applicable fees as authorized by the Marana Municipal Water Code. N/A (4) The system herein permitted is located within the area specific water system plan and is thereby subject to an additional water development fee as authorized herein and by the Marana Municipal Water Code. Payment of the development fee is required prior to water service connection to the system. N/A (5) The Applicant aclatowledges that the Town may not have an adequate water supply in the vicinity of the above- described property to meet fire flow requirements. The Applicant further aclmowledges that this condition may not change in the future and agrees to accept the level of water service that now exists or may exist in the future. Applicant shall indemnify, defend, and save harmless the Town, its Mayor and Council, officers and employees, boards, committees and commissions from and against any loss, claim, suit, demand, cause of action, or liability of any nature, including but not limited to damage to property and injuries to persons, including death, arising or alleged to have arisen, in whole or in part, out of the provision, or failure of the Town to provide, water service adequate to meet fire flow requirements to the property. N/A (6) Town agrees to reimburse the Developer for the cost differential for constructing excess facility's capacity in accordance with the rates as specified herein and in the Marana Municipal Water Code (or as amended thereafter). Reimbursement payment shall be initiated upon "final acceptance" of the facilities by the Town. (7) The installation charge for each five - eighth -inch (518 ") meter will be Nine Hundred Dollars (5900.00). All other size meters will be according to the Town Code. WHEREAS, the required plans, specifications, and materials for said facility have been approved by the Town; and WHEREAS, the Applicant desires that the Town take ownership of, operate, and service said water facility; and WHEREAS, the Town is willing to accept said facility and permit it to be connected to the Town Water System provided it meets Town standards and the work is done in accordance with Town requirements. NOW, THEREFORE, in consideration of the matters and conditions herein set forth, IT IS HEREBY AGREED AS FOLLOWS: I. GENERAL 1. The Applicant shall design and install, at Applicant's own expense a water facility in accordance with Plan No. ENG- 0110 -014 and shall conform to the design standards of the City of Tucson Water Department and the Town of Marana Municipal Water Code and special specifications and details as approved by the Town and by this reference made a part hereof. The document referenced herein as Plan No. ENG- 0110 -014 shall include a plan note for new water facility and any and all alterations to the existing water system and is included herein as Exhibit `B." 1 The work permitted by this Agreement shall be done by a contractor properly licensed by the State of Arizona as determined by the Arizona Registrar of Contractors (A, A -12, A -16) to perform work described herein in accordance with plans approved by the Town. 3. Before any service connections are made to the system herein permitted, the Applicant shall pay to the Town the connection fees required by the Marana Municipal Water Code or any other required fees referenced therein. 4. No service connections will be made until the system has been accepted by the Town in accordance with the Marana Municipal Water Code. 5. Any property connecting onto a water main must have a minimum of fifteen feet (15') of frontage upon that main. The provision or existence of a water or other utility easement shall not constitute frontage for purposes of this paragraph. 6. Meter application will be accepted only if the property to be served is fronting the waterline. Only one water meter application will be allowed per legal description unless property owner can provide the Town with justified plans as to what type of improvement/development is taking place on the parcel of land. If a property owner applies for a meter while the property is fronting the water main and later sells that portion of land which is fronting the water main, the water meter will revert to the new owner unless other arrangements are made and are approved by Engineering Support Services prior to conveyance. 7. The Applicant shall famish all labor, materials, equipment, supplies, and tools required to complete the work herein permitted. 8. Execution of this Agreement certifies that the Applicant has reviewed the plans and specifications, approved the location of sen'ice lines, and is in full accord therewith. 9. Projects that are inactive for more than one year will be canceled, along with the Construction Agreement, if applicable. An unapproved plan will be canceled if more than one year has passed since the last review and the plan has not been resubmitted. An approved plan will be canceled if more than one year has passed since plan approval, and construction has not begun. II. ENGINEERING AND INSPECTION 1. When the cost of construction is greater than Twelve Thousand Five Hundred Dollars (512,500.00), the Applicant shall employ a registered Civil Engineer to accomplish system design and to lay out and establish control lines and certify the layout according to the approved plans. 2. Any inspector authorized by the Town shall have full inspection authority over the work to be performed hereunder. The Applicant shall furnish the Town Inspector with reasonable facilities for obtaining full information concerning the work. The work shall be subject to Town inspection at all times. Defective work shall be corrected in a manner satisfactory to the Town Inspector. Inspection by the Town is for the purpose of ensuring compliance with plans and specifications only. The Town makes no guarantee as to the safety or engineering soundness of plans prepared by Applicant or any contractor. 3. In the event that, because of contractor scheduling, a Town Inspector is caused to work any overtime, or during any hours other than a normal 40 hours in a work period, or on a legal holiday as defined by the Town, the Applicant or the contractor shall compensate the Town for any additional salaries, expenses or employee benefits relating to such overtime or holiday work. Such additional inspection costs will be billed to the Applicant. A normal work period shall be defined as forty (40) hours in a seven (7) day work period, usually worked on an eight (8) hour day, five (5) day basis, commencing on Monday and ending on Friday, continuing in seven (7) day increments. III. PRECONSTRUCTION PROCEDURE 1. The Applicant shall submit a written request to begin construction to the Town five (5) working days prior to the time the work is to commence. 2. This Agreement shall be completed, signed and notarized, and returned to the Town prior to issuance of a construction permit. 3. No work shall commence until the Town has issued a construction permit which will specify the starting date and a reasonable time for completion. 4. The work shall be commenced and carried on at such points and in such order as may be directed by the Town. 5. Materials used in the construction shall be available for sampling and testing prior to being used in the %vork. Materials that fail to meet Town specification shall be removed from the site. 6. The Applicant shall, at Applicant's expense, obtain all necessary permits and licenses for work permitted herein, pay all fees and comply with all laws, ordinances and regulations relating to the work, public health and safety, and safety of Applicant's employees or employees of Applicant's contractors. N. CONSTRUCTION 1. The Town shall be notified of the date upon which work shall be commenced. 2. The Applicant, or Applicant's designated agent, shall be present at all times during performance of the work. The name of the designated agent and the contractor performing the work shall be furnished to the Town before commencement of the work. Instructions given the designated agent on the work site shall be deemed to have been given to the Applicant. 3. The Applicant shall employ only competent and efficient laborers, mechanics or artisans on the work, and the Applicant agrees to perform the work diligently to complete the work on or before the completion date given in the "Notice to Proceed." 4. The Applicant shall identify and locate all water valves prior to paving and set valve boxes to final grade after paving. 5. The Applicant shall, at Applicant's expense, make any and all alterations to the existing water system either on -site or off -site necessitated by paving, drainage, or other improvements caused by this development. 6. The Applicant shall require the Contractor or subcontractor to comply with all safety requirements of the Occupational Safety and Hazards Act as set forth by the Federal Government and as implemented by the State of Arizona. The Applicant or Applicant's contractor shall be solely responsible for all fines or other penalties provided for by law for any violations of the Occupational Safety Hazards Act. V. IN'DENUNITY 1. In addition to any liability imposed by law, which liability is not affected hereby, on behalf of Applicant and any contractor hired by Applicant to perform any work hereunder, Applicant shall indemnify, defend, and save harmless the Town, its Mayor and Council, officers and employees, boards, committees and commissions from and against any loss, claim suit, demand, cause of action, or liability of any nature, including but not limited to damage to property and injuries to persons, including death, arising or alleged to have arisen, in whole or in part, out of any negligent act or omission of Applicant or any such contractor or any subcontractor, or any person employed directly or indirectly, by any of them in the performance of any work or operations pursuant to this Agreement. VI. DEDICATION 1. The Applicant shall, and does, hereby grant, bargain, sell, convey, transfer and deliver to the Town said water facility to be installed pursuant to this Agreement free and clear of all liens, claims, charges or encumbrances upon final acceptance of said work by the Town. 2. The Applicant guarantees the work to be free from all failures due to poor workmanship or materials for a period of two (2) years from the final acceptance date by the Town. 3. The Applicant shall not construct any utility, building, or other improvement that would interfere with the operation or maintenance of the waterline or water facility to be installed pursuant to this Agreement. 4. The Applicant further guarantees that all service lines, meters, and meter boxes will be to finish grade and that Applicant will remain responsible for raising /lowering said services as required until the area described is fully developed. 5. The Town shall accept title to and take possession of the said facility upon completion of said work to the satisfaction of the Town; and upon acceptance and approval of said work, the town shall operate and service said facility. VII. PROTECTED MAIN (N /A) 1. Any portion of the system described as a Protected Main in the preamble hereto shall be eligible for protection as authorized herein and by the Marana Municipal Water Code. (a) Participating property which is resubdivided or split in such a manner that any portion thereof no longer fronts upon the protected main for a distance of at least fifteen feet (15) will not be considered a participating property and will not be eligible for a water connection to the protected main or any main in the absence of a remote meter agreement. 2. Upon completion and acceptance of the facility installed pursuant to this Agreement, the Applicant may be eligible for refund of that portion of the cost that is not directly attributable to providing water service solely to Applicant's property as follows: (a) When a meter application is received by the Town for a water service or water main connection to the water main installed pursuant to this Agreement by nonparticipating property fronting the main, the Town will collect the fees required herein and by the Marana Municipal Water Code and shall be refunded to the Applicant. (b) These sums, or portions thereof, when collected by the Town shall be refunded to the Applicant as a pro -rata share of the refundable portion of the cost of the water main based upon the "As- Built" footage of the main installed. by the aforesaid Agreement in said street, alley or easement right -of -way. (c) In no event will the aggregate amount refunded exceed the full, authorized refundable portion of the cost of the water facilities installed. In the event the full authorized amount has not been refunded within fifteen (15) years from the date of this Agreement, any balances remaining unpaid shall be considered canceled, and the Town shall be fully discharged from any further obligations under this Agreement. 3. Upon completion of construction, a refund amount due to the Applicant will be determined based on the rates set forth in the Marana Municipal Water Code. 4. The Town makes no guarantee that the Applicant will recover the full balance due in case it becomes necessary to construct other water mains to serve the same properties or if the sums collected do not cover the full cost of the water main installed or if the property is served by mains otherwise constructed. 5. Extensions of the system described in the preamble hereto to provide service to subdivisions, lots or parcels remote from the street, alley or easement right -of -way line containing the aforesaid protected main, will not be subject to protected main fees. VIII. PROTECTED BOOSTER (N /A) 1. Any portion of the system described as a Protected Facility in the preamble hereto shall be eligible for protection as authorized herein and by the Marana Municipal Water Code. 2. Upon completion and acceptance of the facility installed pursuant to this Agreement, the Applicant may be eligible for refund of that portion of the cost that is not directly attributable to providing water service solely to Applicant's property as follows: (a) When a meter application is received by the Town for a water service served by the booster installed pursuant to this Agreement by nonparticipating property, the Town will collect the fees required herein and by the Marana Municipal Water Code and shall be refunded to the Applicant. (b) These sums, or portions thereof, when collected by the Town shall be refunded to the Applicant as a pro -rata share of the refundable portion of the cost of the booster based upon the final cost of the booster installed by the aforesaid Agreement. (c) In no event will the aggregate amount refunded exceed the full, authorized refundable portion of the cost of the water facilities installed. In the event the full authorized amount has not been refunded within fifteen (15) years from the date of this Agreement, any balances remaining unpaid shall be considered canceled, and the Town shall be fully discharged from any further obligations under this Agreement. 3. Upon completion of construction, a refund amount due to the Applicant will be determined based on the rates set forth in the Marana Municipal Water Code. 4. The Town makes no guarantee that the Applicant will recover the full balance due in the event it becomes necessary to construct other water mains to serve the same properties or if the sums collected do not cover the full cost of the water main installed or if the property is served by mains otherwise constructed. 5. Refundable amounts will be based upon a pro -rata share of the final cost of the facility improvements divided by the nonparticipating area yet to be developed in accordance with the Marana Municipal Water Code and this agreement. THIS AGREEMENT shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties: provided however that Applicant may not assign this Agreement without the prior written consent of the Town. THIS AGREEMENT is subject to cancellation for conflict of interest pursuant to A.R.S. §35 -511. [The remainder of this page intentionally left blank] IN WITNESS WHEREOF, the Applicant has executed or has caused this instrument to be executed by its proper officers hereunto duly authorized, and the ToNvn has caused this instrument to be e,:ccuted by its proper officers thereunto duly authorized, all as of the day and year first above uTitten. D. R. HORTON A Si`nature Title l� 7k� �n � ✓rte pia,. >s Print Name �.t S2SS C. /- ✓ /GL //� -•+S Gi2GL�- " ICAO Street Address City State Zip Code STATE OF ARIZONA) ) SS. COUNTY OF PIMA ) ,, On this, the day of '� .'%�1 U� 2002, before me personally appeared known to me to be the persons who subscribed the foregoing instrument and acknowledge that they executed the same for and on behalf of said person/corporation for the purposes and considerations therein expressed. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. tic- y��,�;r.�%` � -� }�,� ���✓ N ry public IVIy Commission Expires: (r - 5 - (� (✓ THE TOWN OF MAR-ANA JACQUELINE A. PROVENZANO Notary Public - Arizona Pima County My Commission Expires June 5, 2006 By: Its APPROVED AS TO FORM ATTEST: By: By: As Town Attorney and not personally Town Clerk EXHIBIT "A" LOCATION MAP OF THE DEVELOPMENT WITH LEGAL DESCRIPTION [Please slip the location map of the development behind this cover sheet.] 40 r A 1 !: LINDA VISTA BLVD. o OUNTAI \ Z-53 KEW :\ 7 fti 'v Z c37 -9A I AS O X22 2J :;e : ` 24 ARTHUR Q PACK c` a r y ♦ ♦ PARK f f'�C �� y • flA�su9. N r s , \ ♦ Z47 TARO FARMS ROAD 5* 16� PIA/A FARMS !ti........ ��� \ �` �♦ j'DAD SCALE 1:6 34 36 INA ° ROAD LOCABO °.MAP A 0,077 N - -j)F T W NOR HALF `(N10 OF SOMN 26" f 4 R - 12 - E, G., & SR.M. „ TOJW -OF AlARANA :GI�IINTY,, -ARIZONA TRACT NOTES i EXHIBIT "B" INCORPORATION BY REFERENCE OF THE PLANS AND SPECIFICATIONS OF THE ON -SITE WATER FACILITY TO BE CONSTRUCTED HEREUNDER Reference is hereby made to those certain 24" X 36" engineering drawings of the On -Site Water Facility Plans. Copies of such engineering drawings may be reviewed at Marana's offices. Applicant will provide engineering drawings of the On -Site Water Facility in electronic format. Such engineering drawings may be more specifically described as follows: [Please provide a detailed description of the Plans and Specifications including the date and the code number of the Plans and the name of the Engineering firm which prepared the same.] EXHIBIT "C" INCORPORATION BY REFERENCE OF THE PLANS AND SPECIFICATIONS OF THE OFF -SITE WATER FACILITY TO BE CONSTRUCTED BY THE TOWN OF 111ARANA HEREUNDER Reference is hereby made to those certain 24" X 36" engineering drawings of the Off -Site Water Facility Plans. Copies of such engineering drawings may be reviewed at Marana's offices. Such engineering drawings may be more specifically described as follows: N/A [Please provide a detailed description of the Plans and Specifications including the date and the code number of the Plans and the name of the Engineering firm which prepared the same.] EXHIBIT "D" ITEMIZED BREAKDONVN OF THE ESTIMATED COST OF THE ON -SITE WATER FACILITY TO BE CONSTRUCTED HEREUNDER [Please slip a line by line itemized breakdown of the Estimated Cost of the On -Site Water Facility to be installed in accordance with this Aereement behind this cover sheet.] Please set forth the total expense the Developer /Applicant is to incur for the construction. RecWest, Incorporated 5401 South Arcadia Tucson, Arizona 85706 520 -574 -7500 FAX 520 -574 -0465 August 29, 2002 Mr. Tho illiams D. R. Orton Homes 5255 Williams Circle, Suite 1030 Tucson, Arizona 85711 RE: CORTARO RANCH Dear Mr. Williams: yc�tr Attached please find our proposals to furnish labor, equipmen materials and plant to construct the referenced community. The quotes are broken out � review by dirtwork only, Phase 1 and Phase 2. The numbers are to be considered as one lump sum bid. Also attached is a schedule for each module of work. If there are any questions/comments, please advise. Sincerely, Bill Reynol Vice President Construction O o � o p o F � p ^� F H 69 H ffj O O O O O O O O O W O O O O G E , ooN W O aovoro k 2 H H H H U Z Z C >In °o O F N p N N O U L ¢ r H H H H 0 Q I O Q O F w b F Q O O N "1 O O en O O ... F r N �y C Q a 0 F z cF. v c z 6 g o a p z o F3 a p ea o a m 0 z o e w V N n o W OjC7 ° z� Li a F 4 U Z Z y Z y CJ O O O O Z� t � F tai V VO Q � tO s G K Oda2n. 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O to ? m? w? a Q Q ml0 mQZ�n� I IU a pa U cv N I U W O Iv _ N i f7 < I 1A IfD I f` IfA IW I I � I� I� IO i1� iW I� i0 I� N im IIn i�p ; f m a' C F a I N N IN IN N iN 'N iN O In (N N C) rn' H :; 5 c 0) CI O Q I m� I C " ` j m m Y r O � R `m Z = I I 7 c U 0 I Z � � a .................................................................................................................... ..............................! o a) _" E Z' d 0 0 0 m Q o o Q o 0 o rs m E E S CJ ILL LL LL LL o -W o 0 0 � o 0 c g o g o 0 0 0 0 `o' m CS m o � v p 't0 O N N O N N to l7 O O O N t0 r O p r4 V) I F.- m a � I F- w w IZ > w I m w m ° a 2 ICO m w p p w wa rn w � ml¢ p< F ' p U p m a CO Z co J p W a U J a Q n N E Z3 Z Q Y F w W Y H Z_Z < < Q U J Z Q j 1.1 Z U t0 Zip h U W F Z J !- co C 2 H Z p Z J F C7 J i o V n$ m co to m a W p p to to a p U) U I F a Q � aiQZ, �I a p co co w y w N N I I j I i I I I I H IN Im i im n m irn to I N h c I n Ito n Im iw 1 0 Q' H Lim d p a'in I � � i EXHIBIT "E" ACTUAL COST OF ON -SITE WATER FACILITIES [To be attached at time of completion.] TOWN TOWN COUNCIL OF MEETING MARANA INFORMATION DATE: Januaq 21, 2003 AGENDA ITEM: IX. A. 4 TO: Mayor and Council FROM: Mike Hein, Town Manager SUBJECT: Signing of Agreement between Town of Marana and Arizona Game & Fish Commission concerning the Marana Habitat Conservation Planning Project. DISCUSSION: This Agreement will allow for the transfer of federal grant funds administered by the Arizona Game & Fish Department that are associated with the Town's Habitat Conservation Planning Assistance grant. In addition, the Agreement is intended to provide for data exchange with the Town and facilitate the employment of AGFD services at the Town's request which are related to the planning project. RECOMMENDATION: None SUGGESTED MOTION: Consent agenda ADMIN/MCH/4:19 PM /01/15/03 TOWN COUNCIL TOWN MEETING OF ANUNF ORMATION MARANA DATE: January 21, 2003 AGENDA ITEM: IX. A. 5 TO: Mayor and Council FROM: Jocelyn C. Entz, Town Clerk SUBJECT: Amended Ordinance No. 2002.18: Hartman Hills Rezone Correction by recording a Scrivener's Error DISCUSSION: This item was adopted in error at the November 19, 2002 meeting. It was first heard by Council on November 5 and continued. During the period of continuance, conditions were added. The ordinance placed before Council on November 5 was adopted rather than the ordinance of November 19 with the additional conditions. The conditions are set forth. RECOMMENDED CONDITIONS OF APPROVAL 1. Compliance with all provisions of the Town's Codes, Ordinances and policies of the General Plan, current at the time of any subsequent development, including, but not limited to, requirements for public improvements. 2. The property owner shall dedicate the necessary right -of -way for Camino de Norte, the Dove Mountain extension/ El Camino de Mariana and Camino de Oeste, as delineated in the Towns Transportation Plan or Major Routes, for street purposes 45 days after written request by the Town, or prior to or concurrent with a proposed subdivision plat, lot split or any building permit initiated by the property owner. 3. A maximum of thirty percent of the total site may be disturbed, exclusive of Major Route dedications. Building envelopes shall be established through the platting process, reflective of the thirty- percent total site disturbance restriction. 4. The property owner shall not cause any lot split of any kind without the written consent of the Town of Marana Planning Commission. 5. No approval, permit, or authorization of the Town of Marana authorizes the applicant and/or landowner to violate any applicable federal or state laws or regulations, or relieves the applicant and/or 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 appropriate federal and state agencies to determine any actions necessary to assure compliance with applicable laws and regulations. 6. All open space easements, public trails, and/or wildlife corridors shall be left entirely undisturbed and in their natural desert state, except for necessary utility installations, as approved by the Development Services Administrator, which shall be revegetated. All such easements, trails, and corridors shall be dedicated to the appropriate entity, acceptable t o t he T own a nd a t a t ime a cceptable t o t he T own. A 11 utilities shall be underground, and all utility trenches shall be revegetated to be identical_ with the surrounding desert, where practical. 7. Prior to submittal of a final plat the applicant shall provide written verification that the site has been annexed into the Northwest Fire/Rescue District. RECOMMENDATION: Staff recommends that Council readopt Ordinance No. 2002.18 with conditions. SUGGESTED MOTION: I move to approve Amended Ordinance No. 2002.18, dated January 21, 2003. MARANA AMENDED ORDINANCE NO. 2002.18 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, TO REZONE APPROXIMATELY 431 ACRES OF LAND GENERALLY LOCATED SOUTH OF THE CAMINO DEL NORTE ALIGNMENT, WEST OF CAMINO DE OESTE, WITHIN PORTIONS OF SECTIONS 1, 11 AND 12, TOWNSHIP 12 SOUTH, RANGE 12 EAST, AND A PORTION OF SECTION 7, TOWNSHIP 12 SOUTH, RANGE 13 EAST, FROM ZONE "F" (A.K.A. HARTMAN HILLS SPECIFIC PLAN) TO ZONE "R -36" (RESIDENTIAL, ONE DWELLING PER 36,000 SQUARE FEET). WHEREAS, The Town of Marana has made application to abandon the Specific Plan known as the Hartman Hills Specific Plan, located in portions of Sections 1, 11, and 12, Township 12 South, Range 12 East, and a portion of Section 7, Township 12 South, Range 13 East, generally south of the Camino del Norte alignment, west of Camino de Oeste; and WHEREAS, The Town of Marana has met with the owners and their representatives, and discussed the antiquated land uses contained within the Hartman Hills Specific Plan, and all parties have agreed that the properties associated with the Hartman Hills Specific Plan should be rezoned to "R -36" (Residential, one dwelling per 36,000 square feet); and WHEREAS, the Marana Planning Commission, after a public hearing, considered this Rezoning request on July 31, 2002, and voted unanimously to recommend that the Town Council approve a Rezoning; and WHEREAS, the Marana Town Council heard from representatives of the owner, staff and members of the public at the regular Town Council meetings held September 17 and November 5, 2002, and have determined that the Rezoning is in conformity with the Future Development Plan Map, as amended, within the Marana General Plan and should be approved, subject to recommended conditions; and WHEREAS, The Town Council had determined that the proposed Rezoning is in the best interests of the citizens of Marana, and is desirable for the reasonable development of the Town of Marana; NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Marana Ordinance No. 2002.18 Rev • Section 1. The request initiated by the Town of Marana to rezone approximately 431 acres of land generally located south of the Camino del Norte alignment, west of Camino de Oeste, within portions of Sections 1, 11 and 12, Township 12 South, Range 12 East , and a portion of Section 7, Range 12 South, Range13 East, from Zone "F" (A.K.A. Hartman Hills Specific Plan) to Zone "R -36" (Residential, one dwelling per 36,000 square feet), is hereby approved. Section 2. The purpose of this Rezoning is to abandon the Hartman Hills Specific Plan and the land use designations of Medium, Medium High, and High Density Residential; Commercial/Office; Open Space/Natural Washes and Roads, and rezone the property to "R -36" (Residential, one dwelling per 36,000 square feet), subject to the following conditions: 1. Compliance with all provisions of the Town's Codes, Ordinances and policies of the General Plan, current at the time of any subsequent development, including, but not limited to, requirements for public improvements. 2. The property owner shall dedicate the necessary rights -of -way for Tangerine Road, the Dove Mountain extension and Camino de Oeste, as delineated in the Towns Transportation Plan or Major Routes plan, for street purposes 45 days after written request by the Town or prior to or concurrent with a proposed subdivision plat, lot split or any building permit initiated by the property owner. 3. A maximum of thirty- percent of the total site, exclusive of Major Roads dedication, may be disturbed. Building envelopes shall be established through the platting process, reflective of the thirty- percent total site disturbance restriction. 4. The property owner shall not cause any lot split of any kind without the written consent of the Town of Marana. 5. No approval, permit, or authorization of the Town of Marana authorizes the applicant and /or landowner to violate any applicable federal or state laws or regulations, or relieves the applicant and /or 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 appropriate federal and state agencies to determine any actions necessary to assure compliance with applicable laws and regulations. 6. All open space easement, public trails, and /or wildlife corridors shall be left entirely undisturbed and in their natural desert state, except for necessary utility installations, as approved by the Development Services Administrator, which shall be revegetated. All such easements, trails, and corridors shall be dedicated to the appropriate entity, acceptable to the Town. All utilities shall be underground, and all utility trenches shall be revegetated to be identical with the surrounding desert, where practical. 7. Prior to submittal of a final plat the applicant shall provide written verification that the site has been annexed into the Northwest Fire /Rescue District. Marana Ordinance No. 2002.18 Rev • 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. 2002.18. 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 21 day of January, 2003. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Entz Town Clerk APPROVED AS TO FORM: Daniel J. Hochuli As Town Attorney and not personally Marana Ordinance No. 2002.18 Rev • TOWN TOWN • COUNCIL OF MEETING MARANA INFORMATION DATE: January 21, 2003 AGENDA ITEM: IX. A. 6 TO: Mayor and Council FROM: Jocelyn C. Entz, Town Clerk SUBJECT: Resolution No. 2003 -08 Intergovernmental Agreement (IGA) between the Town of Marana and Pima County Division of Elections for election services to the Town. DISCUSSION: From time to time, the Town of Marana contracts with Pima County for assistance in preparation and conduct of Primary and General Elections for the Town Council and other special elections or consolidated elections. The last contract was signed in 1993. The Intergovernmental Agreement (IGA) for these services has been modified due to the cost of optical scanning equipment and other revisions regarding the attached schedule of fees. RECOMMENDATION: Staff recommends adoption of the revised Intergovernmental Agreement between the Town and Pima County for election services. SUGGESTED I move to adopt Resolution No. 2003 -08. MOTION: i ADMINACE101/14/20037:24 PM t I I I l i • I i MARANA RESOLUTION NO. 2003-08 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AMENDING THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF MARANA AND PIMA COUNTY DIVISION OF ELECTIONS, RELATING TO THE PROVISION OF ELECTION SERVICES TO THE TOWN. WHEREAS, A.R.S. § 11 -952 grants the Town of Marana the authority to enter into intergovernmental agreements; and WHEREAS, the Town of Marana seeks Pima County assistance in the preparation and conduct of Primary and General Elections for the Town Council Members as required by A.R. S. Section 9- 231(A), to be held in March and May of every odd year, respectively; and such other Special Elections as the Town may require. Elections will be held on the Consolidated Election dates pursuant to A.R.S. Section 16 -204; and WHEREAS, the Town of Marana and Pima County Division of Elections last entered into an Intergovernmental Agreement for the provision of election services to the Town on March 2, 1993; and WHEREAS, pursuant to said Agreement, the Town is obligated to submit payments to the County to cover the Town's share of election costs; and WHEREAS, the Mayor and Council have determined that the aforesaid Intergovernmental Agreement should be amended to reflect increased costs associated with election services provided by the County and that such amendment is in the best interest of the Town and its residents; and WHEREAS, the County has prepared an amendment document, attached hereto as Exhibit A and incorporated herein by this reference, and the Mayor and Council have reviewed the amendment document and find that the terms contained therein are equitable and in the best interest of the Town and its residents. NOW, THEREFORE, BE IT RESOLVED bythe Mayor and Council ofthe Town ofMarana, Arizona, that the Intergovernmental Agreement for the provision of election services to the Town is amended pursuant to the amendment attached hereto as Exhibit A, and the terms of that amendment are hereby approved and adopted. BE IT FURTHER RESOLVED that the various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this Resolution. Marana, Arizona Resolution No. 2003 -08 Page 1 of 2 , • PASSED AND ADOPTED bythe Mayor and Council ofthe Town ofMarana, Arizona, this 16 day of January 21, 2003. Mayor BOBBY SUTTON, JR. ATTEST: Jocelyn C. Entz Town Clerk APPROVED AS TO FORM: Daniel J. Hochuli As Town Attorney and not personally • Marana, Arizona Resolution No. 2003 -08 Page 2 of 2 Dec 16 02 02:06p Pima County Elections 520 620 1414 p.3 r INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF MARANA FOR ELECTION SERVICES WHEREAS, the County of Pima has a comprehensive voting system and certified Elections Officials; and WHEREAS, the Town of Marana, a municipal corporation, seeks Pima County assistance in the preparation and conduct of Primary and General Elections for the Town Council Members, as required by A.R.S. §9 -231 (A), to be held in March and May of every odd year, respectively; and such other Special Elections as the Town may require. Elections will be held on the Consolidated Election dates pursuant to A.R.S. §16 -204. WHEREAS, in accordance with good public policy and benefiting the citizens of Pima County, the purpose of this Intergovernmental Agreement (IGA) is to make available to the requesting Town within the corporate limits of Pima County the services already in being; NOW, THEREFORE, TT IS AGREED by and between the County of Pima, hereinafter called the "County ", through the agency of the Division of Elections, and the Town of Marana, hereinafter called the "Town," pursuant to A.R.S. §16- 205(C), 16 -409, 11- 251(3), 11 -951, et. seq., as follows: I. The County shalt: 1. Make available support services, ballots, voting equipment, vote tallying equipment, precinct supplies, and such other election materials as may be required for proper conduct of the election. 2. Provide County personnel necessary to effectively administer the election as set forth in this agreement. 3. Furnish such election administrative materials, which have been prepared for County elections, to the Town at the applicable cost set forth in the Schedule of Prices, Level 1. — Full Service Election, a copy of which is attached as Exhibit A to this IGA and incorporated fully within. 4. Conduct election functions at the polls and provide other services related to the election as set forth in Exhibit A, attached hereto and which is hereby incorporated in to this agreement as if set forth in full. De{ 16 02 02:06p Pima County Elections beU beU 1414 p.-t 111. The Town shall: 1. Within (30) days of the date of the invoice, the Town expressly agrees to reimburse the County, in full, for costs of election materials, supplies and equipment, and personnel required in direct support of the Town Election, as set forth in Exhibit A. 2. Be responsible for the security of all ballots tabulated by officials and vendors other than County agents or employees of the County and ensure that election functions performed by Town or its outside vendors comply with applicable law and regulations of the Secretary of State. 3. Provide notification of any pre - clearances required under Section 5 of the Voting Rights Act; and when necessary, provide by arrangement with the County, translation for those Native Americans whose reservation boundaries affect any precincts within the Town's election, according to the guidelines of County pre - cleared by the Justice Department and pay County for providing said service. 4. Be responsible for the creation, any requisite translation, printing, and mailing of all publicity pamphlets. 5. Request the County, in writing, at least one hundred twenty days (120) before the consolidated election date, for assistance in the conduct of its election. 6. Provide the Division of Elections with the final certified copy of any ballot issue for the Town election at least 90 days prior to the election. 7. Review and approve the sample proof prior to printing. III. The County and the Town mutually covenant and agree: 1. The Town will be responsible for all submissions required under Section 5 of the Voting Rights Act to the Department of Justice. 2. Charges for printing of ballot pages, sample ballots, ballot labels, or any other items by commercial means will be billed directly to the Town by the commercial vendor providing such services, unless alternate billing arrangements are agreed to by the County Director of Elections in writing. 3. In the event conflict arises between the County and the Town over the use of voting equipment, vote tallying equipment, or County Elections personnel, the County will have priority usage. The County further agrees to make every effort to reconcile conflicts and make reasonable provisions with the Town so neither party will suffer as a consequence of conflict. i Dec 16 02 02:06p Pima County Elections 520 620 1414 p.5 4. In the event of termination, any real or personal property belonging to either party and furnished pursuant to this IGA, shall be returned to the furnishing party. Any funds of the Town paid to the County in accordance with this IGA and not encumbered at the time of termination shall be refunded to the Town. IV. Term. The term of this IGA shall begin on January 28, 2003 and terminate on January 1, 2004, subject to successive annual renewals upon action of the parties. Any modification or time extension of this IGA shall be by formal written amendment and executed by the parties hereto. V. Termination. Either party may terminate this IGA at any time by giving written notice of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. Should the election be challenged or questioned for any reason whatsoever, then in such event the Town shall be solely responsible for defending, legally or otherwise, said elections, such duty to survive the expiration of the IGA, provided that the County shall cooperate with the Town in making relevant information and witnesses available upon reasonable request. VI. Indemnification. To the fullest extent permitted by law, each party agrees to defend, indemnify, and hold harmless the other party and the other party's officers, agents and employees from all claims, losses, and causes of actions arising out of, resulting from, or in any manner connected with this IGA, but only to the extent such claim, loss, cause of action, damage or injury is caused or contributed to by the negligent acts or omissions of the indemnifying party. The Town shall indemnify, defend and hold harmless Pima County, its officers, departments, employees and agents from and against any and all suits, actions, legal administrative proceedings, claims or demands or damages of any kind or nature which result from any act or omission of the Town, its agents, employees, or anyone acting under its direction, control or on its behalf, unless due solely to County negligence. VII. Compliance With Laws. The parties shall comply with all federal, state and local laws, rules, regulations, standards and Executive Orders, without limitation to those designated within this IGA. The laws and regulations of the State of Arizona shall govern the rights of the parties, the performance of this IGA and any disputes hereunder. Any action relating to this IGA shall be brought in an Arizona court in Pima County. Any changes to the governing laws, rules and regulations during the terms of this IGA shall apply but do not require an amendment. Dec. 16 02 02:06p Pima County Elections 520 620 1414 p.ti VIII. Non - Discrimination. The Town will not discriminate against any County employee, client or any other individual in any way involved with the County, because of race, age, creed, color, religion, sex, disability or national origin in the course of carrying out Town duties pursuant to this IGA. The Town agrees to comply with the provisions of the Arizona Executive Order 75 -5, as amended by Executive Order 99 -4, which is incorporated into this IGA by reference, as if set forth in full herein. IX. Americans With Disabilities Act. The Town shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336,42 U.S.C. 12101- 12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. X. Severability. If any provision of this IGA, or any application thereof to the County, Town or any person or circumstances, is held invalid, such invalidity shall not affect other provisions or applications of this IGA which can be given effect, without the invalid provision or application and to this end the provisions of this IGA are declared to be severable. XI. Conflict of Interest. This IGA is subject to the cancellation for conflict of interest pursuant to A.R.S. §38 -511, the pertinent provisions of which are incorporated herein by reference. XII. Non - Appropriation. Notwithstanding any other provision in this IGA, this IGA may be terminated if for any reason the Pima County Board of Supervisors does not appropriate sufficient monies for the purpose of maintaining this IGA. In the event of such cancellation, Pima County shall have no further obligation to the Town other than for payment for services rendered prior to cancellation. XIII. Legal Authority. Neither parry warrants to the other its legal authority to enter into this IGA. If a court, at the request of a third person, declares that either party lacks authority to enter into this IGA, or any part of it, then the IGA, or parts of it affected by such order, shall be null and void, and no recovery may be had by either party against the other for lack of performance or otherwise. XIV. W orkers Compensation. Each party shall comply with the notice of A.R.S. §23- 1022(E). For purposes of A.R.S. §23 -1022, each party shall be considered the primary employer of all personnel currently or hereafter employed by that party, irrespective of the operations of protocol in place, and said party shall have the sole responsibility of the payment of Worker's Compensation benefits or other fringe benefits of said employees. Dec 16 02 02:06p Pima County Elections 520 620 1414 p.7 XV. No Joint Venture. It is not intended by this IGA to, and nothing contained in this IGA shall be construed to, create any partnership, joint venture or employment relationship between the parties or create any employer - employee relationship between County and any Town employees, or between the Town and any County employees. Neither party shall be liable for any debts, accounts, obligations nor other liabilities whatsoever of the other party, including (without limitation) the other party's obligation to withhold Social Security and income taxes for itself or any of its employees. XVI. No Third Party Beneficiaries. Nothing in the provisions of this IGA is intended to create duties or obligations to, or rights in, third parties not parties to this IGA, or to affect the legal liability of any party to the IGA by imposing any standard of care different from the standard of care imposed by law. XVII. Entire IGA This document constitutes the entire agreement between the parties pertaining to the subject matter hereof, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superseded and merged herein. This IGA shall not be modified, amended, altered, or extended except through a written amendment signed by the parties and recorded with the Pima County Recorder. Dee 16 02 02:07p Pima County Elections 520 620 1414 p.8 in Witness Whereof, the parties hereby have executed this IGA on this day of , 2003. ATTEST: TOWN OF MARANA Clerk Mayor, Town of Marana ATTEST: PIMA COUNTY: Clerk Chair Board of Supervisors APPROVED AS TO CONTENT: The foregoing IGA between Pima County and the Town has been reviewed pursuant to A.R.S. § 11- 952 by the undersigned, who have determined that it is in the proper form and is within the powers and authority granted under the laws of the State of Arizona to those parties to the IGA represented by the undersigned. Pima County Town of Marana Deputy County Attorney Attorney for the Town De.c 16 02 02:07p Pima County Elections 520 620 1414 p.9 RESOLUTION NO. 2003 - RESOLUTION OF THE PIMA COUNTY BOARD OF SUPERVISORS AUTHORIZING THE PROVISION OF THE SERVICES OF THE PIMA COUNTY DIVISION OF ELECTIONS TO THE TOWN OF MARANA IN ACCORDANCE WITH THE INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF MARANA DATED WHEREAS, Pima County is authorized, under Arizona Revised Statutes § 16- 205(C), 16- 409, 11- 251(3), 11 -951, et. seq., to perform services regarding elections; and WHEREAS, the Town of Marana is allowed under Arizona Revised Statutes, Title 9, Title 11, and Title 16, to call for Elections; and WHEREAS, the County and the Town of Marana have determined that the use of the services of the Division of Elections is in the public interest, and the County agrees to provide said services: NOW, THEREFORE, upon motion duly made, seconded and carried, be it resolved: That Pima County enter into the I ntergove m mental Agreement between Pima County and the Town of Marana to provide the services of the Pima County Division of Elections to the Town of Marana; and That the Chair of the Board of Supervisors be authorized and directed to sign said Intergovernmental Agreement. PASSED, ADOPTED AND APPROVED by the Pima County Board of Supervisors, this day of , 2003. PIMA COUNTY BOARD OF SUPERVISORS Chair, Board of Supervisors ATTEST: APPROVED AS TO FORM: Clerk of the Board Deputy County Attorney Dec 16 02 02:07p Pima County Elections 520 620 1414 p.10 ATTACHMENT A SCHEDULE OF PRICES LEVEL 1. FULL SERVICE ELECTION Dec 16 02 02:08p Pima County Elections 520 620 1414 p.11 Schedule of Prices LEVEL 1. FULL SERVICE ELECTION 1. Salaries /Benefits: Permanent Employees: Total hourly rate for all employees x the total number of hours = total cost. The total cost x 1.1011 = The Total Adjusted Cost. Total Adjusted Cost divided by the total number of registered voters for all jurisdictions = unit price. Unit price x total number of registered voters for each jurisdiction =total salaries and benefits per jurisdiction. Temporary Employees: Total hourly rate for all Temporary employees hired to work elections x total number of hours (regular & overtime @ time and one -half) = total cost. Total cost x 1.1011 = Total Adjusted Cost. Total Adjusted Cost divided by total number of registered voters for all jurisdictions = unit price. Unit price x total number of registered voters for each jurisdiction = total Temporary Employee cost. Boardworker pay: Actual cost unless there is more than one election within a precinct. If more than one election is being held within a precinct the formula is as follows: Total Adjusted Cost divided by the total number of registered voters for all jurisdictions = unit price. Unit price x the total number of registered voters in each jurisdiction = total cost per jurisdiction. There are 6 board members per board in each precinct. The rates listed are adjusted to include the indirect costs. 1 — Inspector. $165.72 2 — Judge of the Opposite Party: $129.93 3 — Judge of the Same Party: $124.42 4 — Marshal: $124.42 5 — 2 Clerks: 124.42 each Overtime: Total number of overtime hours worked at time and one -half. Total cost of overtime divided by the total number of registered voters in all jurisdictions = unit price. Unit price x total number of registered voters in each jurisdiction = total cost per jurisdiction. 2. Early Ballot & Ballot to Be Verified Processing expenses: This cost will be implemented for any election with a combined total of 100,000 or more registered voters. This cost will be implemented at the discretion of the Division of Elections. 1 — $50.00 minimum fee for 1 — 200 Early Ballots and Ballots to Be Verified 2 — Over 200 Early Ballots and Ballots To Be Verified —the cost is $.25 per ballot 3. Ballot Printing: Actual cost (included early ballots and election day ballots). 4. Advertising: Actual cost if County submits the advertisement. t Dec 16 02 02:08p Pima County Elections 520 620 1414 p.12 Schedule of Prices . Full Service Election Page: 2 5. Professional Services: Postage: actual cost. Printing: actual cost. Sort, label & mail: actual cost. Translations: actual cost. 6. Computer: Total number of hours x $50.00 = total cost of counting ballots (this includes early ballots, election day ballot results, late ballots and verified To Be Verified ballots) Total cost divided by the total number of ballots cast for all jurisdictions = unit price. Unit price x total number of ballots cast for each jurisdiction = total cost per jurisdiction. 7. Building Rental: Actual cost of polling place and class instruction facilities. 8. Precinct package preparation fee: $150.00 per box x total number of voting areas per jurisdiction. (Package includes supply box, Accu -vote and black ballot box.) 9. Other. Signs - $10.00 per sign (preparation). Polling Place Identification - $50.00 additional charge for modifications per sign. Voting Booth Rental - $5.00 per booth. Handicapped Booth - $6.00 per booth. Misc. charges — Other charge (s) incurred related to the conduct of the election. Charges may include cost of mileage, vehicle rental, photo copies, maps, cellular phone call charges, etc. 10. Replacement Costs: Actual cost 2 Dec 16 02 02:08p Pima County Elections 520 620 1414 p.13 'aar.br o f �Ujarriji0xTre of Ijima QTVUnt9, rt uxttt ! S . tafe of ( �Nrizana V.IILZXt of Fima jo ( �aG�ulr�iitzr�, d,& 64+ and gu awwx-1, and �Q . � T 2 arr,d dzat a' qza COQNTY ADMINISTRATO : DI VI ON OF ELEC ONS Staff requests approval of the following: A. Schedule of Prices for Election Se.rvicesgtha include an • the cost f County overhead c harges B. Increase in Election Board Workers rate of compensation. ' .C. Party Observer Rate of Compensation. On consideration, it was moved by Supervisor Carroll, seconded by Supervisor Day, and unanimously carri by a five to zero vote, to approve the Division of Elections requests. 4TH SER 202 • TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: January 21, 2003 AGENDA ITEM: IX.A. 7 TO: Mayor and Council FROM: Michael R. Reuwsaat, Assistant Town Manager SUBJECT: Resolution No. 2003 -10: Naming three park sites within Continental Ranch and dedicating one park site. DISCUSSION: The Marana Town Council is committed to the improvement of the quality of life for Marana residents. As part of this commitment, three park sites are now entering the final construction phases in the Continental Ranch area. Staff is planning appropriate park opening and dedication ceremonies which will require naming the park sites. For that purpose, staff is recommending the following: 1. The new 10 -acre neighborhood park being constructed by Diamond Ventures primarily for the residents of Continental Reserve shall be the Continental Reserve Neighborhood Park. This park will be turned over to the Town of Marana within the next few months. It is located just west • of Silverbell Road opposite Coachline Boulevard. 2. The redeveloped 17 -acre community park under construction by the Town of Marana shall be the Continental Ranch Community Park. Completion is expected the first part of March, 2003. This park site is located directly south of the Continental Ranch Co Center just off Coachline Boulevard. Residents of Continental Ranch are already familiar with the park site as it is currently named. Therefore, staff supports continuity by keeping the name Continental Ranch Community Park. Staff also supports dedicating this park to Wheeler Abbett for his community involvement and service on the Marana Planning & Zoning Commission, with a plaque to be placed at the park site and the dedication to be part of the park opening ceremonies. 3. The redeveloped 10 -acre school/neighborhood park site directly behind Coyote Trail Elementary School and next to the Santa Cruz River shall be the Wade McLean Neighborhood Park. After 30 years of service, Dr. McLean recently announced his retirement from the position of Superintendent of Schools of the Marana Unified School District. It is staff's recommendation that the park be named for Dr. McLean to recognize the significant and quality growth the school district has experienced under his leadership. RECOMMENDATION: Staff recommends that Council approve the names of the three future park sites described herein and the dedication of the Continental Ranch Community Park to Wheeler Abbett. SUGGESTED MOTION: I move to approve Resolution No. 2003 -10. ADMIN/JCE/01/14/2003 MARANA RESOLUTION NO. 2003-10 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, NAMING THREE PARKS SITES WITHIN THE TOWN OF MARANA AND DEDICATING ONE PARK SITE. WHEREAS, the Town of Marana approved and adopted the Parks System Master Plan Element of the Town of Marana General Plan on July 5, 2000 (Resolution 2000 -66) within the Town's General Plan boundary; and WHEREAS, the Town of Marana contracted for the design and construction of three parks within Continental Ranch that are nearing completion; and WHEREAS, the Marana Town Council desires to name the three park sites and dedicate one park site. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, as follows: • 1. The 10 -acre neighborhood park being constructed by Diamond Ventures west of Silverbell Road opposite Coachline Boulevard shall be known as the Continental Reserve Neighborhood Park. 2. The redeveloped 17 -acre community park under construction south of the Continental Ranch Community Center near Coachline Boulevard shall be known as the Continental Ranch Community Park. 3. The redeveloped 10 -acre school/neighborhood park directly behind Coyote Trail Elementary School and next to the Santa Cruz River shall be known as the Wade McLean Neighborhood Park. 4. The Continental Ranch Community Park will be dedicated to Wheeler Abbett to recognize his community support and service on the Marana Planning and Zoning Commission. • Mar= Resolution No. 2003 -10 2 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, • this 21" day of January, 2003. ATTEST: Mayor BOBBY SUTTON JR. Jocelyn C. Entz Town Clerk APPROVED AS TO FORM: Daniel J. Hochuli, As Town Attorney and not personally • • Maram Resolution No. 2003 -10 2 TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: January 21, 2003 AGENDA ITEM: IX. A. 8 TO: Mayor and Council FROM: Roy Cuaron, Finance Director SUBJECT: Resolution No. 2003 -11 Appointments to the Town of Marana Municipal Property Corporation (MMPC) DISCUSSION: In March of 1989, Mayor and Council created the Marana Municipal Property Corporation (MMPC). The MMPC was formed to provide a vehicle through which the Town could "finance the cost of acquiring, constructing, reconstructing or improving buildings, equipment and other real and personal properties suitable for use by and for leasing to the Town of Marana ". Through the MMPC, the Town has issued revenue bonds to: • Purchase the current town hall site • Purchase the Honea Water System • Fund street, road and water improvements • Fund the design and construction of a new municipal complex The MMPC is governed by a five- member board of directors all of whom are appointed by Mayor and Council. Members serve a four -year term and must be residents of the Town of Marana. The current members of the MMPC are Jim Blake, Herb Kai, Michael Reuwsaat, Ray Osowski and Marty Dorgan. Mr. Osowski and Ms. Dorgan have resigned from the MMPC, while the terms of Messrs. Blake and Reuwsaat have expired. Mr. Kai's term will expire in July 2003. Council members Blake and Kai have expressed a desire to remain on the committee. Mayor Sutton is recommending the appointment and reappointment, respectively, of Hurvie Davis, Roger Forrester and Dan Sullivan, and Jim Blake and Herb Kai to the MMPC board of directors. RECOMMENDATION: Staff recommends that the Council appoint Herb Kai, Jim Blake, Hurvie Davis, Roger Forrester and Dan Sullivan to the Board of Directors of the Town of Marana Municipal Property Corporation. SUGGESTED MOTION: I move to adopt Resolution No. 2003 -11. FINANCFIRC /01/14/2003/6:13 PM • MARANA RESOLUTION NO. 2003 -11 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPOINTING BOARD MEMBERS TO THE TOWN OF MARANA MUNICIPAL PROPERTY CORPORATION'S BOARD OF DIRECTORS. WHEREAS, the Town of Marana Municipal Property Corporation (MM PQ was created by the Town Council to provide a vehicle through which the Town could finance the cost of acquiring, constructing, reconstructing or improving buildings, equipment and other real and personal properties suitable for use by and for leasing to the Town of Marana; and WHEREAS, the Town Council desires to appoint Herb Kai, Jim Blake, Hurvie Davis, Roger Forrester and Dan Sullivan to MMPC Board of Directors with terms that will expire January 21, 2007. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that Herb Kai, Jim Blake, Hurvie Davis, Dan Sullivan and Roger Forrester shall be appointed to the Town of Marana Municipal Property Corporation Board of Directors whose terms shall expire January 21, 2007. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21" day of January, 2003. Mayor BOBBY SUTTON, JR. ATTEST: Jocelyn C. Entz Town Clerk APPROVED AS TO FORM: • Daniel J. Hochuh As Town Attorney and not personally s TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: January 21, 2003 AGENDA ITEM: IX. A. 9 TO: Mayor and Council FROM: Roy Cuaron, Finance Director' SUBJECT: Ordinance No. 2003.03 Amending the town tax code by eliminating the tag on amusements, exhibitions and similar activities. DISCUSSION: The Town's current tax code imposes a privilege (sales) tax on health spas, fitness centers, dance studios and other health related entities that charge membership fees for the use of premises. To encourage and promote healthy lifestyles for Marana residents, and to maintain regional consistency (tax) for the business community, staff is recommending the elimination of the privilege tax on those activities mentioned above. These activities currently generate less than $20,000 annually to the Town's coffers. Further, Marana is the only jurisdiction in Pima county that taxes the subject activities. RECOMMENDATION: Staff recommends adoption of Ordinance No. 2003.03, amending the town tax code by eliminating the tax on amusements, exhibitions and similar activities. SUGGESTED MOTION: I move to adopt Ordinance No. 2003.03. FINANCE/RC /01/14/2003/6:01 PM MARANA ORDINANCE NO. 2 AN ORDINANCE OF THE TOWN OF MARANA, ARIZONA, RELATING TO THE PRIVILEGE LICENSE TAX; AMENDING THE TOWN TAX CODE, SECTION 8 -410, TO EXEMPT CERTAIN HEALTH RELATED AMUSEMENT FEES FROM TAXATION; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; PROVIDING FOR SEVERABILITY AND DESIGNATING AN EFFECTIVE DATE. WHEREAS, the Town Council did approve Ordinance No. 96.43, which adopted the Town Tax Code as Chapter 8 of the Town Code; and WHEREAS, the Town Council has amended the Town Code from time to time; and WHEREAS, A.R.S. §§ 9- 240(B)(26), 42 -6001 and 42 -6002 authorize the Town to levy and collect transaction privilege taxes; and • WHEREAS, the Town's current tax code imposes aprivilege (sales) tax on health spas, fitness centers, dance studios and other health related entities that charge membership fees for the use of premises; and WHEREAS, the Mayor and Council have determined that the elimination ofthe privilege tax on those activities mentioned above will encourage and promote healthy lifestyles for Marana residents and maintain regional consistency in taxation for the business community; and WHEREAS, the Mayor and Council have determined that encouraging and promoting healthy lifestyles and maintaining regional consistency in taxation are in the best interests of the Town and its residents. NOW, THEREFORE, BE IT ORDAINED bythe Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. Section 8 -410 of the Town Code hereby is amended as follows (with additions in underlined text and deletions in strikeout ): Sec. 8 -410. Amusements, exhibitions, and similar activities. Marana, Arizona Ordinance No. 2003.03 Page 1 of 3 (a) The tax rate shall be at an amount equal to two percent (2 %) of the gross income from the business activity upon every person engaging or continuing in the following type or nature of businesses: (1) operating or conducting theaters, movies, operas, shows of any type or nature, exhibitions, concerts, carnivals, circuses, amusement parks, menageries, fairs, races, contests, games, billiard orpool parlors, bowling alleys, skating rinks, tennis courts, golf courses, video games, pinball machines, public dances, dance halls, sports events, jukeboxes, batting and driving ranges, animal rides, or any other business charging admission for exhibition, amusement, or entertainment. ( heaith spas, fitness centers, dance studios, or other persons vviio charge fbr the use of premises fbr sports, aflifetic, other health-related activities or instruct' , whether on a per-event use, or fbr fong-terin usage, such as membership . Reserved (b) (Reserved) Section 2. Anyperson found guilty ofviolating anyprovision ofthese amendments to the Town Code shall be guilty of a class one misdemeanor. Each day that a violation continues shall be a separate offense punishable as herein above described. Section 3. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance and portions of the Town Code. Section 4. All ordinances, resolutions, or motions and parts ofordinances, resolutions, or motions of the council in conflict with the provisions ofthis ordinance are herebyrepealed, effective as ofthe effective date of this ordinance. Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. Section 6. The provisions of this ordinance shall become effective on April 1, 2003. Marana, Arizona Ordinance No. 2003.03 Page 2 of 3 • PASSED AND ADOPTED by the Mayor and Council ofthe Town ofMarana, Arizona, this 21 st day of January, 2003. Mayor BOBBY SUTTON, JR. ATTEST: Jocelyn C. Entz Town Clerk APPROVED AS TO FORM: • Daniel J. Hochuli, Esq. As Town Attorney and not personally • Marana, Arizona Ordinance No. 2003.03 Page 3 of 3 TOWN COUNCIL TOWN • MEETING OF INFORMATION MARANA DATE: January 21, 2003 AGENDA ITEM: IX. A. 10 TO: Mayor and Council FROM: Jocelyn C. Entz, Town Clerk SUBJECT: Resolution No. 2003 -09: request to adopt a standardized design and colors for the official Town emblem DISCUSSION: Staff is requesting that Council formally adopt a standardized design and colors for the official Town emblem. Emblems which are used on Town pins and on decals for pool vehicles have never been formally adopted. As such, there has been no oversight for quality control of color and hue. It should be noted that this emblem design is not intended to replace the standard graphic design in copper and teal that is used on official stationery. A trademark request for that design will be submitted separately, and the colors will remain teal and copper, with • standard PMS numbers assigned to those colors. Staff has worked with OroGraphics and Hollis Digital Imaging Systems in developing the specific colors to be used in the official Town emblem. This design will also be submitted for a trademark, and any use by the Town or any other entity requesting use of this Town symbols shall be according to the design and colors specified as follows: Sky — PMS 313 CVC Mountains - PMS 527 CVC Buildings — PMS 159 CVC Marana - PMS 130 CVC Water PMS 300 CVC Ground PMS 3405 CVC Exterior borders and Marana letters — PMS Black RECOMMENDATION: Staff recommends that the Council adopt the emblem design and standardized colors as set forth. SUGGESTED MOTION: I move to adopt Resolution No. 2003 -09. JCE/ADMIN /CLERK/4:23 PM/01/15/2003 • MARANA RESOLUTION NO. 2003-09 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, ADOPTING A STANDARDIZED DESIGN AND COLORS FOR USE ON THE OFFICIAL TOWN EMBLEM. WHEREAS, the Town of Marana has, over the years since incorporation in 1977, used various emblems to designate a Town symbol; and WHEREAS, the Town never officially adopted a symbol or insignia; and WHEREAS, in an effort to bring consistency and uniformity to all emblems and decals used to identify the Town on vehicles, buildings, lapel pins and insignia, the Council desires to adopt and trademark a circular design enclosing symbols of Marana in various colors, a prototype of which is attached to this resolution as Exhibit 1. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana that the following colors will be the standard colors for all official emblems and decals which • identify the Town of Marana. 1. Sky PMS 313 CVC 2. Mountains PMS 527 CVC 3. Buildings PMS 159 CVC 4. The background for the word " Marana" PMS 130 CVC 5. Water PMS 300 CVC 6. Ground PMS 3405 CVC 7. Exterior borders and Marana letters PMS Black PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21" day of January, 2003. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Entz Town Clerk APPROVED AS TO FORM: • Daniel J. Hochuli, Esq. As Town Attorney and not personally Marana, Arizona Resolution No. 2003 -09 y TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: January 21, 2003 AGENDA ITEM: IX. A. 11 TO: Mayor and Council FROM: Joel D. Shapiro, Planning Director SUBJECT: Resolution No. 2003 -12: Heritage Highlands V Lot 937 Lot Split: A request to split approximately 390 square feet off of Lot 937 of Heritage Highlands V subdivision, and add it to Common Area "C ". It is a small area that may be subject to erosion due to the proximity of the 100 -year flood plain. This lot split will place that area within the maintenance responsibility of the Homeowners Association. DISCUSSION: Lot 937 is a part of the Heritage Highlands V Final Plat which was approved and recorded in Book 54 of Maps and Plats at Page 94. Common Area "C" is also part of that Final Plat. The purpose of the requested lot split is to transfer approximately 390 square feet of land from lot 937 to Common Area "C" for maintenance purposes. The property in question is possible subject to erosion due to its proximity to the 100 -year flood plain. Staff has reviewed this request, finds that all applicable development standards will be met, and recommends approval. RECOMMENDATION: Planning Staff recommends approval of PCM- 03001, Heritage Highlands V Lot Split. SUGGESTED MOTION: I move to approve Resolution No. 2003 -12. • • MARANA RESOLUTION NO. 2 003- 12 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA AUTHORIZING THE APPROVAL OF A LOT SPLIT FOR LOT 937 OF HERITAGE HIGHLANDS V FINAL PLAT. WHEREAS, the Town of Marana approved the final plat for Heritage Highlands V, on July 17th, 2001 and recorded at the Pima County Recorder's Office in Book 54 of Maps and Plats, Page 94; and WHEREAS, the owner, Tortolita Properties, L.L.C. has requested the land division of lot 937 of that Final Plat for the purpose of deeding approximately 390 square feet to the adjacent Common Area C; and WHEREAS, the Town staff has reviewed the request and has determined that this lot split and the proposed lots meet the zoning requirements for the land use designation of LDR (Low Density Residential) within the Dove Mountain Specific Plan and will not result in any adverse impacts to the adjoining lots within the subdivision; and • WHEREAS, the Mayor and Council fmds that the granting of this lot split will benefit the Town. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona that Lot 937 of Heritage Highlands V Final Plat may be divided into two lots, as requested by the applicant, and that approximately 390 square feet will be added to Common Area "C ". PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21st day of January 2003. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Entz Town Clerk APPROVED AS TO FORM: Daniel J. Hochuli As Town Attorney • and not personally Marana Resolution No. 2003 -12 MARANA RESOLUTION NO. 2003-02 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING THE FINAL PLAT FOR PRV -0195 FARM FIELD FIVE, SUBMITTED BY VANDERBILT FARMS, LLC, FOR A 248 -LOT SINGLE FAMILY DETACHED HOME SUBDIVISION ON 69.08 ACRES LOCATED WITHIN THE RANCHO MARANA SPECIFIC PLAN, LOCATED AT THE NORTHEAST CORNER OF SANDARIO ROAD AND MOORE ROAD; A PORTION OF THE SOUTH HALF OF SECTION 27, TOWNSHIP 11 SOUTH, RANGE 11 EAST. WHEREAS, the Preliminary Plat was heard by the Marana Planning and Zoning Commission January 30, 2002 and was forwarded with a recommendation of approval with recommended conditions; and WHEREAS, the Preliminary Plat was heard by the Marana Town Council March 5, 2002, and Resolution 2002 -24 was approved; and WHEREAS, Vanderbilt Farms, LLC is the owner of 69.08 acres within the Rancho Marana Specific Plan generally located in a portion of the south half of Section 27, Township 11 South, Range 11 East, and has applied for approval of a Preliminary Plat for 248 lots on 69.08 acres; and WHEREAS, the Marana Town Council has heard from the representative(s) of the owners, staff, and members of the public at the regular Town Council meeting, January 21, 2003 and has determined that the Final Plat for PRV -0195 Farm Field Five should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Final Plat, submitted by Vanderbilt Farms, LLC for a 248 -lot single family detached home subdivision on 69.08 acres located at the northeast corner of Sandario Road and Moore Road; a portion of the south half of Section 27, Township 11 South, Range 11 East be approved with the following conditions: 1. A Final Block Plat must be recorded prior to issuance of building permits. 2. An approved Development Agreement addressing regional park requirements, school site requirements, street dedications, and off -site drainage requirements must be recorded prior to the issuance of building permits. • Marano Resolution No. 2003 -02 Page 1 of 2 4 k OPW ENGEVEERING, L.L. C. Engineering, Surveying & PIanning 7000 E. Tanque Verde Road, #37 Tucson, Arizona 85715 Phone: (520) 296 -8544 FAX: (520) 296 -2356 January 7, 2003 - AnIkAMIJUME Joel Shaprio Town of Marana 3696 W. Orange Grove Road Tucson, AZ 85741 Re: Lot 937 of Heritage Highlands V OPW Project No. 94003 -602 Dear .keel: OPW Engineering prepared the above referenced final plat which is now recorded in Book 54 of Maps and Plats at Page 94. Lot 937 was platted with a small amount of area subject to possible erosion resultant of proximity to 100 -year flood plain. The project is under construction and bank protection has been installed. Though the area is insignificant, the potential /current lot buyer has expressed his personal concern over the area and has asked that the area change ownership from a portion of Lot 937 to Common Area, which will be included in the current larger portion of common area for the flood plain and erosion hazard area. The CCR's are recorded and establish the Homeowner's Association as the party responsible for the maintenance of that area. Note please, that we are not requesting a change for that area of designation of erosion hazard, but ONLY ownership of that property which, in effect, will reassign maintenance responsibility. Per your instruction on December 12, 2002, at the meeting in your facility, we have prepared and are attaching legal descriptions for the new lot boundary and the new common area. Further, it was stated that this item would go before Mayor and Council on the Consent Calendar and that no fees would be necessary. The tinning of the purchase of the lot and the need to coordinate the deed preparation with the titfe company has lead us to conclude the following: 1. Submit this letter of request and explanation 2. Submit legals and sketches for both "new " parcels 3. Request that the item be reviewed by Marana staff • Joel Shaprio Town of Marana January 7, 2003 Page 2 4. Request that the item be put on the next available Mayor and Council agenda as a Consent Item with the following conditions: a. That the Mayor and Council approve the change for the stated reasons. b. That the legals -and deeds be processed- by- the-titte company- after-.the - -_ approval by Mayor and Council. (Affecting the change prior to their approval would be inappropriate in the unlikely event that they were not to approve, or were to add additional conditions.) It is also important to note that this change does not create any zoning violations nor would any variances be required as a result. - -- -- Your cooperation and assistance with this matter is greatly app.reciated._.Please-- do,.not hesitate to call with any questions or concerns you may have. An approximate schedule regarding the Mayor and Council meeting date would be most useful information if you could provide it to us. Thank you for your assistance. Sincerely, OPW Engineering, LLC. Barbee Hanson Project Manager, Planning BLH /lb Attachments 94003 \600\2002 \js 1231 letter LEGAL DESCRIPTION _ OPW JOB NO. 94003-606 ALL OF THAT PORTION OF LOT 937 IN HERITAGE ffiGHLANDS V LOTS 845 - 976 AND COMMON AREAS A, BAND C, A SUBDIVISION PLAT RECORDED IN BOOK 54 AT PAGE 94 OF MAPS AND PLATS IN THE COUNTY RECORDER'S OFFICE, PIMA COUNTY, ARIZ ONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THAT PORTION OF LOT 937 EXCLUDING THE PORTION NORTH AND WEST OF THE EROSION HAZARD_ SETBACK LINE (E,H.S.L.) AS SHOWN ON SAID PLAT, MORE - PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERNMOST CORNER OF SAID LOT 937, THENCE N 70° 55'04" W, A DISTANCE OF 98.38 FEET TO A POINT; THENCE N 42° 00'00' E, A DISTANCE OF 131.38 FEET TO A POINT; THENCE N 74° 20' 01" E, A DISTANCE OF 28.90 FEET TO A POINT; THENCE N 11 24' 22" E, A DISTANCE OF 30.37 FEET TO A POINT; THENCE S 81 01'37" E, A DISTANCE OF 11.60 FEET TO A POINT; THENCE S 08 58'23" W, A DISTANCE OF 75.39 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG A CURVE TO THE RIGHT, WHICH HAS A RADIUS OF 185.00 FEET AND A CENTRAL ANGLE OF 10 06'33", AN ARC LENGTH OF 32.64 FEET TO A POINT OF TANGENCY; THENCE S 19 04' 56" W, A DISTANCE OF 62.93 FEET TO THE TRUE POINT OF BEGINNING. SAID NEW LOT 937 CONTAINING 9468 SQ.FT. 2828 -CHRIS E . M0RRISON CM:cm January 6, 2003 C:\Doc51 \94003 \600\legals\new937.lgI AREA OF TRANSFER ,� J C A " FROM LOT 937 TO • ' COMMON AREA "C" // �'�`' o 0 Sk / Q3, J Vv 0 2 / LU F / N p E• ,NE co N Ew vQ� ` co n NORTH _ o SCALE: 1" =20" v Z J 2 w Q U c o 0 JK co -i V 937 ,y 9468 SO-FT. (NEW) Q .O � a � CO N U 98 8 4- LINE TABLE LINE BEARING LENGTH Q L24 N 74'20'01" E 28.90' L25 N 11'24'22" E 30.37' 6 N 81'01'37" W 11.60' © COPIRMiT oaw & M= n zoaz OPW ENGINEERING, L.L.C. zoos s r.a V w" lt"d ft EXHIBIT OF LOT 937 OPW JOB NO. 94003 -01 -606 0 C2848A.pc3, 1:20 937- exhibit.dw , Model, 1/6/2003 9:42:14 AM, DesignJet 60 LEGAL DESCRIPTION _ OPW JOB NO. 94003-602 ALL OF THAT PORTION OF SECTION 25, TOWNSHIP 11 SOUTH, RANGE 12 EAST, - G&SRBM, PIMA COUNTY, ARIZONA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THAT PORTION OF HERITAGE HIGHLANDS V AT DOVE MOUNTAIN LOTS 845 -976 AND COMMON AREAS "A", "B" AND "C", A SUBDIVISION RECORDED -IN - BOOK 54 OF MAPS AND PLATS AT PAGE 94, DESCRIBED AS-FOLLOWS: - ALL OF COMMON AREA "C" ADJACENT TO LOTS 923-928,933-938, COMMON AREAS "A" AND "B" AND HERITAGE GATEWAY AVENUE (A PRIVATE STREET), TOGETHER WITH THAT PORTION OF LOT 937 NORTHERLY AND WESTERLY OF THE EROSION HAZARD SETBACK -LINE (E.H.S.L.) AS SHOWN ON SAID SUBDIVISION PLAT. SAID PARCELS COMBINING FOR A TOTAL OF 89,310 SQ. FT. OR 2.050 ACRES. woeEwr lugs LEER e lf Red` / N V. CM:cm December 23, 2002 94003 \600\legals \ca- 937.lgl F 942 941 940 939 938 ,. 928 927 C.A. Doc" 929 88,920 SQ.FT. (OLD) 89,310 SQ.FT. 930 926 (NEW) _ 925 E.H.S.L 9 937 IL 24 923 970 N 936 971 N O y � 935 972 N C� C 934 973 PO 'Q T b F�� 933 974 0 '9 o `F OPW JOB NO. 94003 -602 © COPYRIGHT WW #-'R . W- 2062 0 OPW ENGINEERING, L.L.C. CL 7M IL TwMiw Vvift 3-a p7 EXHIBIT OF COMMON AREA AND LOT 937 PV-EA 'Co - TFLA. WS FE(Z. ry LoT �3� To cot- �c -�ot.� AP-EA c TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA AkkDATE- January 21, 2003 AGENDA ITEM: IX. B. 1 TO: Mayor and Council FROM: Joel D. Shapiro, Planning Director SUBJECT: PUBLIC HEARING: Ordinance No. 2003.01 — Continental Ranch Specific Plan Amendment Block 1 of the Continental Ranch Retail Center Subdivision and Existing Post Office Site An application for approval of a Specific Plan Amendment to change the land use designation of Block 1 of the Continental Ranch Retail Center Subdivision, consisting of 13.49 acres, and the existing Post Office site, consisting of approximately 1.06 acres, from a combination of Industrial (1) and Freeway Commercial (C *) to entirely Freeway Commercial (C *), expand the existing area designated as Parcel 65A, shown as 4.92 acres, to include this entire area of approximately 14.55 acres, located on the northwesterly corner of the I -10 Frontage Road and Burlingame Road, in a portion of Section 26, Township 12 South, Range 12 East. DISCUSSION: Arizona Pavilions Development Inc. is requesting to amend the Continental Ranch Specific Plan by changing the land use designation of Block 1 of the Continental Ranch Retail Center Subdivision and the existing post office site, (Parcel #221- 05 -152M & #221- 05 -152P) from a combination of Freeway Commercial (C *) and Industrial (1) to Freeway Commercial (C *). This amendment will also expand the existing area designated as Parcel 65A, shown as 4.92 acres, to include this entire area of approximately 14.55 acres. The subject property is located within the Continental Ranch Specific Plan and more particularly, Block 1 of the Continental Ranch Retail Center, recorded in Book 56, Page 49, on the northwesterly corner of the I -10 Frontage Road and Burlingame Road, in a portion of Section 26, T12S, R12E. During the processing of the preliminary and final plat for the Continental Ranch Retail Center, discrepancies arose over the size of the area classified as Parcel 65A of the Continental Ranch Specific Plan. After reviewing all of the Specific Plan Amendments it is not clear as to when or how parcel 65A was created. Sometime during the processing of GPA -9650 Parcel 65A came to existence. For many years now, the developer has been under the impression that the entire area northwest of Burlingame Road was considered 65A and designated at Freeway Commercial The Town maps show only a square piece of land that is listed as 4.92 acres was classified as parcel 65A and Freeway Commercial. Staff has reviewed all of the Specific Plan Amendments and concluded that parcel 65A was never formally approved by the Town Council or by Ordinance. Under the Industrial standards of the Continental Ranch Specific Plan V.G.l.c.9, "Commercial retail uses shall be permitted on a limited basis in the Continental Ranch Business Park. Such uses shall be ancillary to established, permitted uses in the Business Park. A maximum of 45 percent (45 %) of the allowable floor area may be used for retail commercial purposes ". In order to allow Block 1 of the Continental Ranch Retail Center to be developed at retail commercial, a Specific Plan Amendment is needed. Staff recommends that the entire Block 1 area along with the post office parcel be classified as Parcel 65A to conform to what the developer thought was done many years ago. The post office site (parcels 221- 05 -152M and 221- 05 -152P) is currently designated as Industrial as well as a portion of Block 1. It was staff's preference that the post office parcel also be included on the land use designation amendment, changing it to Freeway Commercial. Staff sent a formal request to the p ro p erty owner asking permission to change the above mentioned parcels to Freeway Commercial. Mr. Glenn Newsome responded very promptly and gave the Town his consent to add his property to the specific plan amendment. A copy of this correspondence has been included in this packet. The Freeway Commercial designation allows for a variety of commercial, professional office, restaurants and medical uses. Arizona Pavilions Development Inca is currently processing a re- subdivision of the a xisting B lock 1 i nto five p arcels a nd t he P lanning C ommission a pproved a Kohl's Department Store for Lot 1 of this proposed subdivision on December 18, 2002. Due to the commercial and industrial nature of this area and the area surrounding this request, and the lack of residential neighborhoods near this site, a public participation plan was not done as a part of this Specific Plan Amendment request. RECOMMENDED CONDTION OF APPROVAL: 1. High Density Residential will not be an allowable use once 65A is amended and formally created. Staff recommends conditional approval. SUGGESTED MOTION: I move to approve Ordinance No. 2003.01 with the listed condition. MARANA ORDINANCE NO. 2003.01 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AMENDING THE CONTINENTAL RANCH SPECIFIC PLAN BY CHANGING THE LAND USE DESIGNATION OF BLOCK 1 OF THE CONTINENTAL RANCH RETAIL CENTER SUBDIVISION, CONSISTING OF 13.49 ACRES AND THE EMSTING POST OFFICE SITE (PARCEL #221- 05 -152M & #221- 05- 152P), CONSISTING OF APPROXIMATELY 1.06 ACRES, FROM A COMBINATION OF FREEWAY COMMERCIAL (C *) AND INDUSTRIAL (1) TO ENTIRELY FREEWAY COMMERCIAL (C *); AND EXPANDING THE EXISTING AREA DESIGNATED AS PARCEL 65A, SHOWN AS 4.92 ACRES, TO INCLUDE THIS ENTIRE AREA OF APPROXIMATELY 14.55 ACRES, LOCATED ON THE NORTHWESTERLY CORNER OF I -10 FRONTAGE ROAD AND BURLINGAME ROAD, IN A PORTION OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 12 EAST. WHEREAS, the Town Council did, on the 5 day of April, 1988, adopt Marana Town Ordinance No. 88.09, which adopted the Continental Ranch Specific Plan, and has amended the Continental Ranch Specific Plan from time to time; and WHEREAS, Arizona Pavilions Development Inc., owns real property within the Continental Ranch Specific Plan Area and is developing that property within the Town of Marana, which is subject to the Continental Ranch Specific Plan; and WHEREAS, Arizona Pavilions Development Inc. and Glenn Newsome, have applied to the Town of Marana to amend the Continental Ranch Specific Plan by changing the land use designation of Block 1 of the Continental Ranch Retail Center Subdivision and the existing post office site, (Parcel #221- 05 -152M & #221- 05 -152P) from a combination of Freeway Commercial (C *) and Industrial (I) to entirely Freeway Commercial (C *). The subject property is located within the Continental Ranch Specific Plan and more particularly, Block 1 of the Continental Ranch Retail Center, recorded in Book 56, Page 49, on the northwesterly corner of the I -10 Frontage Road and Burlingame Road, in a portion of Section 26, T 12S, R12E, and more particularly described in Exhibit A, attached hereto and incorporated herein by this reference (Exhibit "N'); and WHEREAS, the Marana Planning and Zoning Commission heard from the representative(s) of the owner, staff, and members of the public at the regular Planning and Zoning Commission meeting held December 18, 2002, and unanimously voted to recommend approval of the Continental Ranch Specific Plan Amendment to the Town Council; and WHEREAS, the Town Council of the Town of Marana held a public hearing on this request to amend the Continental Ranch Specific Plan on January 21, 2003, to obtain input from the i applicant, town staff, and the public on the proposed amendment to the Continental Ranch Specific Plan, and find that this amendment is in the best interests of the residents of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council ofthe Town ofMarana, Arizona, as follows: Section 1: The amendment to the Specific Plan for Continental Ranch is hereby adopted as follows: • The land use designation of Block 1 of the Continental Ranch Retail Center Subdivision, consisting of 13.49 acres, and the existing post office site, consisting of approximately 1.06 acres (Parcel #221- 05 -152M & #221- 05- 152P), is hereby changed from a combination of Freeway Commercial (C *) and Industrial (I) to Freeway Commercial (C *). • The existing area designated as Parcel 65A, shown as 4.92 acres, is hereby expanded to include this entire area of approximately 14.55 acres. Section 2: The amendment to the Specific Plan is subject to the following condition: • High Density Residential will not be an allowable use once 65A is amended and formally created. Section 3: All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this Ordinance are hereby repealed, effective as of the effective date of this Ordinance. 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 21S day of January, 2003. ATTEST: Mayor BOBBY SUTTON, JR. APPROVED AS TO FORM: Jocelyn C. Entz Town Clerk Daniel J. Hochuli, as Town Attorney and not personally EXHIBIT "A" • That portion of Lot 14, of PEPPERTREE RANCH BUSINESS PARK, according to the plat of record in the office of the County Recorder of Pima County, Arizona, recorded in Book 33, of Maps, Page 97, described as follows: COMMENCING at the intersection of the Centerline of BURLINGAME ROAD, with the Centerline of BUSINESS PARK DRIVE, according to said PEPPERTREE RANCH BUSINESS PARK; THENCE North 48 degrees 46 minutes 30 seconds West, along said Centerline of BUSINESS PARK DRIVE, a distance of 300.65 feet; THENCE North 44 degrees 58 minutes 47 seconds East, 25.06 feet to the POINT OF BEGINNING on the Southwesterly line of said Lot 14, from said POINT OF BEGINNING to point of curvature of curve No. 67 bears South 48 degrees 46 minutes 30 seconds East, 228.76 feet; THENCE North 48 degrees 46 minutes 30 seconds West, along said Southwest line of Lot 14, a distance of 175.00 feet; THENCE North 44 degrees 58 minutes 47 seconds East, 263.57 feet; • THENCE South 48 degrees 46 minutes 30 seconds East, 175.00 feet; THENCE South 44 degrees 58 minutes 47 seconds West, 263.57 feet to the POINT OF BEGINNING. AND Block 1 of the Continental Ranch Retail Center, a plat as recorded in the office of the County Recorder of Pima County, Arizona, Book 56 of maps, page 49. } AGENDA PPM NUMBER: • PLANNING COMMISSION December 18, 2002 CASE No: SPA -02099 CASE NAME: Continental Ranch Specific Plan Amendment Block 1 of the Continental Ranch Retail Center Subdivision Applicant's Name: Arizona Pavilion LLC Project Firm.. The WLB Group Contact: Robert Lon aker III Firms Address: 4444 E. Broadway, Tucson, AZ 85711 Location of Request: Block 1 of the Continental Ranch Retail Center, located on the northwesterly corner of the I -10 Frontage Road and Burlingame Road, in a portion of Section 2 6, T12S, R12E. Nature of Request: Approval of a Specific Plan Amendment Changing Land Use Designation. Site Size: Block 1 of the Continental Ranch Retail Center is 13.49 acres. Zone District: "C *" Freeway Commercial and "I" Industrial per the Continental Ranch Specific Plan. Existing Use: Vacant Proposed Use: Retail /Commercial Development Report Date: December 9, 2002 • Project Planner: Lisa Shafer, Planner I SUMMARY OF APPLICATION Arizona Pavilion LLC is requesting the approval of a Specific Plan Amendment that would change the land use designation of all of Block 1 of the Continental Ranch Retail Center Subdivision from a combination of Industrial (I) and Freeway Commercial (C *) to entirely Freeway Commercial. The subject property is located within the Continental Ranch Specific Plan and more particularly, Block 1 of the Continental Ranch Retail Center, recorded in Book 56, Page 49, on the northwesterly corner of the I -10 Frontage Road and Burlingame Road, in a portion of Section 26, T12S, R12E. During the processing of the preliminary and final plat for the Continental Ranch Retail Center discrepancies arose over the size of the area classified as Parcel 65A of the Continental Ranch Specific Plan. After reviewing all of the Specific Plan Amendments it is not clear as to when or how parcel 65A was created. Sometime during the processing of GPA -9650 Parcel 65A carne to existence. For many years now the developer has been under the impression that the entire area northwest of Burlingame Road was considered 65A and designated at Freeway Commercial. The Town maps show only a square piece of land that is listed as 4.92 acres was classified as parcel 65A and Freeway Commercial. Staff has reviewed all of the Specific Plan Amendments and concluded that parcel 65A was never formally approved by the Town Council or by Ordinance. Under the Industrial standards of the Continental Ranch Specific Plan V.G.l.c.9, "Commercial retail uses shall be permitted on a limited basis in the Continental Ranch Business Park. Such uses shall be ancillary to established, permitted uses in the Business Park. A maximum of 45 percent (45 %) of the allowable floor area may be used for retail commercial purposes ". In order to allow Block 1 of the • Continental Ranch Retail Center to be developed at retail commercial; a Specific Plan Amendment is needed. E GA Staff recommends that the entire Block 1 area along with the post office parcel be classified as Parcel 65A to conform to what the developer thought was done many years ago. The post office site (parcels • 221- 05 -152M and 221- 05 -152P) is currently designated as Industrial. It is staffs preference that the post office parcel also be included on the land use designation amendment, changing it to Freeway Commercial. However, at this time, the Town does not have the permission of the property owner to include them in this amendment. If the Town does get their permission, parcels 221- 05 -152M and 221- 05 -152P will be included when this goes before the Town Council. The Freeway Commercial designation allows for a variety of commercial,, professional office, restaurants and medical uses. Arizona Pavilions LLC is currently processing a development plan for a Kohl's Department Store as well as a final plat, re- subdividing the existing Block 1 into five parcels. Due to the commercial and industrial nature of this area and the area surrounding this request, and the lack of residential neighborhoods near this site, a public participation plan was not done as a part of this Specific Plan Amendment request. Property owners within 300 feet of subject site were notified by mail and as of the date of this staff report, staff had not received any calls or letters in favor or against this amendment. Staff is recommending approval based on the recommended findings of fact. RECOMMENDED FINDINGS OF FACT 1. The proposed land use designation, Freeway Commercial (C *), would be compatible with adjacent properties. The subject parcel is surrounded by Freeway Commercial and Industrial designated areas. 2. This proposal is consistent with the purpose and intent of the Town of Marana General Plan. 3. This proposal is also not detrimental to the immediate area and to the health, safety, and welfare of the inhabitants of the area and the Town of Marana. Staff Recommendation: APPROVAL CASE ANALYSIS REVIEW CRITERIA 1. Ability to comply with Development Regulations, i.e. Water, Sanitation, access, Developable Parcel, etc.: The amendment request is consistent with the purposes and intent of the Continental Ranch Specific Plan and the Marana General Plan. 2. Ability to comply with requirements of the Zoning Regulations, i.e. Lot size, Frontage, Setbacks, etc.: The amendment conforms to applicable Continental Ranch Specific Plan development standards. 3. Is consistent with the purpose of the Zoning Regulations and with the intent of the General Plan: This proposal is consistent with the purpose and intent of the Town of Marana General Plan. 4. Compatible with the surrounding area harmonious with character of the neighborhood, not detrimental to the immediate area or the development of the area, and not detrimental to the health, safety, or welfare of the inhabitants of the area and the County: The amendment brings the parcel into greater conformance with the intended use of the property. This proposal is also not detrimental to the immediate area and to the health, safety, and welfare • of the inhabitants of the area and the Town of Marana. Suggested Motion: I move to approve Case No. SPA -02099 Continental Ranch Specific Plan Amendment Block 1. PAGE 2 OF 2 A IMPACT STATEMENT Please answer the following questions as completely as possible. Required hearings may be delayed if an adequate description of the proposed development is not provided. Staff will use this information to evaluate the proposed mendment. Additional information may be provided on a separate sheet. NAME (print): b aker 111 NAME OF FIR (if n he WLB Group, Inc. INTEREST IN P ent SIGNATURE: I. General Information A. Area of Subject Request: 587.764 sq. ft. 13.49 acres B. Existing Designation: Industrial and Freeway Commercial as specified by the Continental Ranch Specific Plan C. Please state why the amendment should be approved: The property immediately surrounding this property is rapidly developing as Freeway Commercial. This property will provide shopping and services and other business uses catering to the daily needs of local residents. D. LIST RELATED CASES CASE # FILE NAME /PROCESS Ord. No. 88.09 Continental Ranch Specific Plan Adoption Ord. No. 96.08 Amendment, Parcel 1 Ord. No. 96.36 Amendment, New Land Use Designations PRV- 9748pp Land Use Change ( 36 -40), Letter dated October 16, 1997 by Gerald Flannery Ord. No. 97.20 Land Use Change (56 & 57) Ord. No. 98.25 Land Use Change (55, 55a, 63a) permitted uses and building heights Ord. No. 99.25 Land Use Change (72, Lots 56 & 57, 60, 61 70) adding land changing permitted uses GPA -9650 Peppertree Business Park GPA -9739 Parcels 56 & 57 GPA -9820 Various Revisions GPA -9966 Change various land uses /permitted uses GPA -9981 Voyager Resort Parcel 62 GPA -9993 Pulte Parcel 24 & 29 GPA -0070 Parcel 15 (1st attempt) GPA -0080 Parcel 62162A SPA -01108 Marana Golf SPA -01128 Pulte Parcel 24 Page 1 of 4 (Rev. 5/27/97) • II. Proposed Land Use A. Describe the proposed use of the property: Freeway Commercial, as described by the Continental Ranch Specific Plan. B. State why this use is needed: To meet the growing demand for Freeway Commercial uses to serve the needs of the regional area. C. If the proposed use is residential, how many total residential units will there be on the property to be rezoned? Will these be detached site -built homes, manufactured homes, or another type? Total units: Type: N/A Total units: Type: Total units: Type: D. Will the subject property be split into additional lots? YES NO (Circle one) If so, how many total lots will there be on the property to be rezoned, and what size in acres will each lot be? Commercial pads of varying sizes may be sold or leased. E. If additional lots will be created by this rezoning, how will all- weather access be provided to these lots from an easement, new easement, etc. Access to the additional pads will be provided via Arizona Pavilions Drive orBuningame Road. F. What is the maximum proposed building height? 39 feet, 3 stories G. Provide an estimate of when proposed development will be started and completed. Starting date: 2003 Completion date: 2005 H. If the proposed development is commercial or industrial 1. How many employees are anticipated? Unknown 2. How many parking spaces will be provided: 1 / 200 square feet of floor area for commercial uses 3. What are the expected hours of operation? 7:00 a.m. to 10 p.m. 4. Will a separate loading area be provided? Yes (If yes, show location on sketch plan or preliminary development plan) 5. Approximate size of buildings (sq. feet)? +/- 112,000 square feet (includes all buildings on site) I. For commercial or industrial developments, or residential developments of three residences per acre or greater: 1. State which bufferyard is required, per the Town of Marana Development Code: Vanes — See Continental Ranch Specific Plan. Page 2 of 4 (Rev. 5/27/97) • 2. Describe the buffer that will be provided (state buffer width, use of walls and type of plant material) to meet the Town of Marana Development Code: Varies — See Continental Ranch Specific Plan. J. If the proposed development is an industrial project, state the industrial wastes that will be produced and how they will be disposed. (Discuss the means of disposal with the Pima County Wastewater Managemerlt Department at 740- 6500 and the Department of Environmental Quality at 740 - 3340): N/A III. Site Conditions - Existing and Proposed A. Are there existing uses on the site? YES NO (Circle one) 1. If yes, describe the use, stating the number and type of dwelling unit, business, etc.: 2. If no, is the property undisturbed, or are there areas that have been graded: This property is vacant and graded. B. If the proposed rezoning is approved, will the existing use be removed, altered, or remain as is ?: N/A C. Are there any existing utility easements on the subject property? YES NO (Circle one). If yes, state their type and width, and show their location on the sketch plan or preliminary development plan: Refer to attached Final Plat for the Continental Ranch Retail Center for the location of all easements encumbering the property. D. Describe the overall topography of the subject property, and note whether any slopes greater than 15% are present on the property. Note any rock outcropping or unusual land forms or features: Overall there is a 1% to 2% cross - slope. There are no 15% slopes on the property. E. Note any areas of heavy vegetation on the sketch plan or preliminary development plan None F. Are there any natural drainageways (washes) on the subject property? YES NO (Circle one). If yes, state whether these natural drainage patterns will be altered by the proposed development, and what type of alteration is proposed: G. Approximately how much of the subject property is proposed to be graded, including areas where most vegetation will be cleared? 13.49 acres and 100% percent of the land area. How much of this area is currently graded? 100% is already graded H. Describe any revegetation proposal in areas where development will require removal of natural vegetation: Revegetation will be in accordance with the provisions of the Continental Ranch Specific Plan and the landscaping requirements of the Town of Marana and the Continental Ranch Specific Plan. Page 3 of 4 (Rev. 5127/97) • I. Will a septic system or public sewer be used for the proposed development? SEPTIC SEWER If septic is to be used, state whether one currently exists on the property and, if so, whether additions to that system will be needed for this development. (NOTE: For information on septic system requirements, call the Department of Environmental Quality at 740 - 3340.): J. How will water be supplied to the Property? City of Tucson Water K. Is the available supply adequate for the proposed development? YES NO NOT SURE IV. Surrounding Land Use A. Describe in detail adjacent and nearby land uses within approximately 500 feet of the subject property in all directions: North: Walmart (under construction). Property is designated Freeway Commercial in Continental Ranch Specific Plan) • South: Peppertree Ranch Business Park. Property is designated as Industrial as per the Continental Ranch Specific Plan. East: Interstate 10 and vacant land. West: Vacant land and Santa Cruz River. Property is designated as Freeway Commercial as per the Continental Ranch Specific Plan. LM 00007 \Block 1 \Specific Plan Amendment Impact Statement.doc • Page 4 of 4 (Rev. 5/27/97) c SB CL w cn > _ N ❑ 7 z a If r ° - _ � o ° - LLI o p UU g r In t)tn in ri D i o N° !" p lk l t�9 cr, l 3a` m on � y Q •G rrys" q► _ `� �q► Ry a aw In N t F • PARCEL NUMBER LAND USE GROSS ACRES 43 MD 24.20 44 R 4.30 45 S 20.00 46 MHD 45.68 47 MHD 9.81 48 S 10.00 49 C 5.53 50 MD 40.56 51 MD 90.45 52 MD 70.48 53 *C 10.07 55 HD 19.40 55a C 3.00 56 C 6.75 57 C 15.05 59 I 29.93 60 I 28.18 61 RR 9.49 62 RR 210.05 . 63 *C 60.16 64 *C 25.00 65 *C 45.00 65A *C 14.55 67 I 84.59 67 - Lots 56 & 57 *C 3.80 67A I 24.00 68 I 15.16 68A I 15.45 69 MD 9.22 70 RR 16.18 71 C 1.78 71A C 4.58 72 C 21.95 TOTAL 2,172.14 C = Commercial S = School Site I = Industrial R = Recreational Facility MD = Medium Density Residential RR = Residential Recreation MHD = Medium High Density Residential *C = Freeway Commercial HD = High Density Residential All acreages are approximate. Rev. 11198, 1/00 & 12/02 T� 7_ti 1 Cq IS tL" v3 LU FmAs nam� co Y E.W se ii III l ilfI e .•i.- aye .;�, o �. J T - CO Clq ��GF � � �� 33 • '''! \ �. � S38 � r 1 Continental Ranch Specific Plan M ARANA Amendment �I\ CASE NO. SPA -02099 TOWN OF MARANA a � \ WAL -MART \ \ \ j SUBJECT ,(� ` �\ 2� PROPERTY "o `\ Block 1 • ' �� A \ \ � office \ `\ N A 200 0 200 400 Feet REQUEST A request to change the land use designation of Block 1 of the Continental Ranch Retail Center and the Post Office from a combination of Freeway Commercial and Industrial to entirely Freeway Commercial. Designate this area as 65A. Section 26, Township 12S, Range 12E. 12/23/2002 07:34 FAX 801 991 5842 P5 EHS IA 002 • December 23, 2002 Attn: Lisa Shafer, Planner I Town of Marana; Development Service Center 3696 West Orange Grove Road Tucson, Arizona. 85741 Dear Ms. Shafer: In response to your letter dated December 18, 2002 in regards to the proposed rezoning from Industrial To Freeway Commercial per the Continental Ranch Specific Plan, in reviewing the records that I have it does not mention anything concerning zoning. I was under the understanding since the postal building is a commercial business that it was already zone commercial business. I am in full accordance with your recommendation to comply with your proposal to rezone from Industrial to Freeway Commercial per the Continental Ranch Specific Plan. - I appreciate the time you have taken to bring this to my attention regarding this matter. Sinc • .G�rtJ G enn D. Newsome 4018 Laredo Way West Valley City, Utah 84120 • MARAN A TOWN OF MARANA • DEVELOPMENT SERVICES CENTER December 18, 2002 Glenn and Nancy Newsome 4018 Laredo Way West Valley City, UT 84120 Re: Parcels 221 -05 -152M & 221 -05 -152P Dear Mr. & Mrs. Newsome, A few weeks back you were mailed some zoning information, stating that the land surrounding your parcels was proposed to be rezoned from Industrial to Freeway Commercial per the Continental Ranch Specific Plan. I would like to give you some background information and request that you give the Town permission to include • your property in this amendment. The Town would like all of the parcels directly northwest of Burlingame Road; this would include the existing post office and Block 1 of the Continental Ranch Retail Center Subdivision, to be designated as Freeway Commercial The developer, Southwest Value Partners or Arizona Pavilions, has been under the assumption that the area northwest of Burlingame Road had all been changed to Freeway Commercial some time ago. The To'Am maps do not reflect this and staff has told Greg Wexler of Southwest Value Partners that he will have to process an amendment to legally change this area to Freeway Commercial The reason that Greg Wexler would like the land use designation changed is to be able to build out the area as retail commercial. Retail Commercial is permitted on a limited basis in the Industrial designation; however, it is to be an ancillary use with the maximum amount of floor area to be used as retail at 45 %. This could significantly hinder potential businesses in that shopping center area. Currently, this restriction does not affect you. The post office was not considered a retail use when developed. If in the future the post office was to leave and you wanted to develop or sell the property for commercial retail use, you could possibly have to amend the specific plan changing the land use designation from Industrial to Freeway Commercial. If you were to change the land use designation at that time there would be a minimum charge of $1,175. The Town would prefer that you give permission to the Town of Marana to be included within this current specific plan amendment at no cost to you. This project could go before the Town Council for action as early as January 21, 2003. I would appreciate you contacting me at your earliest convienance to discuss this matter. I can be reached at 520- 297 -2920 or by email at lshaferr(@marana.com I look forward to hearing from you. Sincerely, r — " - Lisa Shafer Planner I 3696 W. ORANGE GROVE ROAD TUCSON, ARIZONA 85741 M PHONE: (520) 297 -2920 FAX: 297 -3930 f TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: January 21, 2003 AGENDA ITEM: IX. B. 2 TO: Mayor and Council FROM: Joel D. Shapiro, Planning Director SUBJECT: Ordinance No 2003.02: Southwest Corner Flying Diamond & Camino De Oeste: A request to rezone approximately 9.56 acres from "C" (Large Lot Zone) to "R-144" (Residential — 144,000 square feet per lot) located at the southwest corner of Flying Diamond and Camino De Oeste, in Section 12, Township 12 South, Range 12 East. DISCUSSION: Due to improper noticing for this rezone, staff requests a continuance of this item, after the Public Hearing is opened, to the regularly scheduled meeting of the Marana Town Council, February 4, 2003 to allow staff to properly notice the project. This application for Rezone was heard by the Marana Planning Commission at their regular meeting of December 18, 2002. After a public hearing, the Commission voted unanimously to send a recommendation of approval to the Town Council. The applicant is seeking to rezone approximately 9.56 acres from "C" (Large Lot Zone) to "R- 144" (Residential - 144,000 square feet minimum lot). The purpose of the rezone is to allow the property to be split into 3.3 acre lots at a later date. In addition to the 9.56 acres, the owner has purchased an additional 22,050 square feet of land from a previously rezoned parcel adjacent to the south of the subject property. Any lot split subsequent to this rezoning would be subject to the Marana Minor Land Division Ordinance. The Pima County Wastewater Dept. has commented that at time of development, this, or any parcels resulting from this property being split, will be required to connect to the 15 -inch sewer line located east of this parcel in Camino De Oeste. Therefore, the owner must construct a public sewer extension to provide service to this parcel unless a waiver is received from the Pima County Department of Environmental Quality to allow use of an on -site sewage disposal (septic) system. RECOMMENDATION: Planning Staff requests that this item be continued to the regularly scheduled Town Council meeting February 4, 2003. SUGGESTED MOTION: I move to continue this public hearing to a date certain of February 4, 2003 MARANA ORDINANCE NO. 2003.02 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING A REZONE OF THE PROPERTY LOCATED WITHIN THE TOWN LIMITS AT THE SOUTHWESTCORNER OF FLYING DIAMOND AND CAMINO DE OESTE, ASSESSOR'S PARCEL NO.216 -27 -1100, FROM ZONE "C" (LARGE LOT ZONE), TO "R -144" (RESIDENTIAL, 144,000 SQUARE FOOT MINIMUM LOT). WHEREAS, Cheng Holdings Limited Partnership own approximately 9.56 acres ofproperty, in a portion of Section 12, Township 12 South, Range 12 East, more particularly described in Exhibit A attached hereto; and WHEREAS, Cheng Holdings Limited Partnership have applied to the Town to have the property rezoned from "C" (Large Lot Zone) to "R -144" (Residential, 144,000 square foot minimum lot); and WHEREAS, the Marana Planning and Zoning Commission held a public hearing on, • December 18, 2002, and voted unanimously to recommend that the Town Council approve the rezone; and WHEREAS, the Town Council held a public hearing on , 2003, to obtain input from the Applicant, Town Staff, and the public on the rezoning of the Property, and has determined that the rezone is in the best interest of the residents and the Town of Marana and should therefore be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town o f Marana, Arizona, as follows: Section 1: The zoning on the property at the Southwest corner of Flying Diamond and Camino De Oeste, Assessor Parcel Number 216 -27 -1100 is hereby changed (rezoned) from "C" (large lot zone) to "R -144" (Residential, one residence per 144,000 sq. ft.); Section 2:: The purpose of this rezoning is to allow for rural development within an area that lacks urban infrastructure and contains sensitive Sonoran desert habitat and provide reasonable restrictions that will promote the health, safety and general welfare of the Town, subject to the following conditions: 1. Compliance with all provisions of the Town's Codes, Ordinances and policies of the General Plan, current at the time of any subsequent development, including, but not limited to, requirement for public improvements. Maram Ordinance No. 2003.02 - -Page 1 of 2 -- 2. The Developer shall provide, to the Development Services Administrator's satisfaction, the necessary off -site roadway improvements as reasonably deemed necessary by the Town's Development Services Administrator and Town Engineer to support the proposed development of the site. 3. The Developer shall dedicate Camino de Oeste to a minimum of 30 -foot half -width right - of -way for street purposes, or as accepted by the Town upon demand by the Town, within a reasonable time after the demand is made. 4. A maximum of thirty percent of the total site may be disturbed. Building envelopes shall be established through the platting or lot split process, reflective of the allowable site disturbance restriction. 5. The property owner shall not cause any lot split of any kind without written consent of the Town. Section 3: All Marana ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Town Council in conflict with the provisions of this Ordinance are hereby repealed effective as of the effective date of this Ordinance. 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 thereof. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this _ day of , 2003. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Entz Town Clerk APPROVED AS TO FORM: Daniel J. Hochuli As Town Attorney and not personally i Marana Ordinance No. 2003.02 - -Page 2 of 2 -- _ TOWN OF MARANA PLANNING DEPARTMENT 3696 West Orange Grove Road Tucson AZ 85741 MARANA APPLICATION FOR REZONE /1\ TOWN OF MARANA Project Location: SW Corner of Flying Diamond Rd. & Camino de Oeste Property Location Description: N E o t e S E of the S E 1 excepting East for Road. Assessor's Parcel Number and Legal Description: #q1 (,-q7-11n lying in Sect i nn # 12, To wnship 12S Range 12 Fast Pima County, Marana, Arizona Present Zoning: "C" Zoned Existing Use of Property: Vacant land REQUESTED CHANGE OF ZONING: from "C" zone to R -144 (one home per 144,000 s . f t . ,min . Town of Marana Acres: 9.56 + - Acre s Applicants Interest: Q Own ❑ Lease ❑ In Escrow ❑ Option to Buy Name of Applicant: W i 11 i ng Cheng/ Cheng Hol d i ng s L i m i ted Pa rtnersh i p Applicant's Address: �6�z, . N Qr t h Rl o t-w,- ,-- Tdssen -, —/\r i aena 85718 • Contact Person: �i 1 n Cheng Phone: 2§7 -Rn8n FAX: Name of Property Owner: W 11 i n Cheng Address of Property Owner: 5 671 North P1 ac i to Arturo Tucson, AZ 85718 Contact Person: Willing Cheng Phone: 297 -8080 FAX: Project Planner /Engineering Firm: — fsmruers i a 1 I nv 1:e rs Realty, -I ne = Firm's Address: Si N I a Canaria nr i ra Sit i to 491 TLirrzo /fir i aena 25704 Contact Person: Douglas G_ Wright Phone: (s2n) ?g3-1(,3 , President FAX: (;20) 29� -1h�6 1, THE UNDERSIGNED, CERTIFY THAT ALL OF THE FACTS SET FORTH IN THIS APPLICATION ARE TRUE TO THE BEST OF MY KNOWLEDGE AND THAT I AM EITHER THE OWNE THE PROPERTY OR THAT I HAVE BEEN AUTHORIZED IN WRITING BY THE OWNTO E THIS APPLICATION AND CHECKLIST. ArsBO P me of Applicant/Agent Signature Date ou as G. Wright/ President / Commercial Investors Realty, Inc. FOR OFFICE USE ONLY Do Case Number PCZ- C1a� %o. Receipt Number: o �a • _ ��. - Date Filed: _ P*62 . c7 -OOo1 Fee Submitted: Received By: �e • Mlti 5 HA PtANNINGTORMSOEVMG119991PCZAPP99 .DOC Page 6 of 6 (Rev. 7/20/99) A SUPPLEMENTAL SHEET ! Exceptions to Code Requirements (Specific Plan District): Required Proposed Nat ApT1 i c-hl e Please state why the change of zoning should be approved: The Subject 9.56 + - Acres was annexed from Pima County into the Town of Marana via Ordinance -1 during the summer of 19& At the time of the annexation, the Property enjoyed _ zoning one ome O sq.ft. min. area). The Protocol tor Annexation Agreements requires that e roper y should enjoy the same or better land use w en annexe a zoning cia3s only dii s one 1 ype �' r ject c res . [� Residential ❑ Commercial ❑ Industrial ❑Other (explain) Project Location: SW Corner o f F lying Diamond Drive & Camino de Oeste Project Area: 416,434 sQ . f t . _ sq. ft. 9.56 + - Acres acres RESIDENTIAL Number Density1 BR 2 BR 3+ BR Apartments units RAC N/A • Single Family Attached units RAC up to 3 SF Other units RAC N/A Parking: Total on -site: Ratio: per unit. Garage: Carport: Open: Open Space: sq. ft. /unit. Patios: sq.ft. Balconies: sq.ft. Storage Areas: cu. t. /unit Total Building coverage % NON - RESIDENTIAL Hours of Operation: N/A a.m. to N/A p.m. through N/A Number of Shifts: N/A Employees /Shift: N/A Total Employees: N/A Gross Floor Area: N/A sq.ft. Existing: N/A sq.ft. Proposed: N/A sq.ft. Parking Spaces: N_/A spaces Ratio /sq. ft. or employees Seating Capacity: _N/ Number of Students /Children: N/ (If applicable) (When applicable) Building Coverage: N /A? % Landscaping: N % of the site H:\ PLANNING \FORMS\DEVPKG \1999\PCZAPP99.DOC Page 8 of 8 (Rev. 7/20/99) REZONING REQUEST IMPACT APPLICATION Owner: Willing Cheng/ Partner/ Chen Holdings Limited Partnershi Phone (Daytime): 520 297-8080 Fax Owner Address N a1 , i t a —Artw F Dirson Arizona 95718 Applicant (If other than owner): Same as Above Phone (Daytime): Fax: Applicant Address Address: Legal Description /Property: HF1 i�f th c� of the sril- i excepting east for Road, A ssessor's Tax Number. 91 1 n What condition or character of the property, neighborhood or area justifies this request? The Subject Property was annexed from Pima County into Town of Marana via Ordin 188 -14 The land south of Lambert is still SR. Annexatio requires same or better zonin_ u pon annexation "C".zone allows one _home _ per 25 acre What is the proposed use of the property if the rezoning is obtained? Future Residential Development for up to three single family homes. Acreage Of Proposed Zone(s) Present Zone Proposed Zone 9.56 + - Acres "C" R - 144 This application is tru and correct _o, t e y knowledge. I am the -ama r of the above described prop or have' a orized by the owner to make this application. ay Date Sign ure F T Applicant Douglas G. Wright/ President Commercial Investors Realty, Inc. FOR OFFICE USE ONLY Rezoning From: To: Acre: Fee: From: To: Acre: Fee: From: To: Acre: Fee: From: To: Acre: Fee: Location of Property: Received By: Date: Checked By: Date: H: \PLANNINGIFORMS1DcVPKG \1999\PCZAPP99.DOC Page 9 of 9 (Rev. 7/20/99) REZONE IMPACT STATEMENT Please answer the following questions as completely as possible. Required hearings may be delayed if an adequate description of the proposed development is not provided. Staff will use this information to evaluate the proposed rezoning. Additional information may be provided on a separate sheet. NAME (print): Wi 1 1 i ng Cheng , Partner, Chenq Holdings Limited Partnershi NAME OF FIRM (if any): Cheng Holdings Limited Partnership INTEREST IN PROPERTY: Owner SIGNATURE Willing Cheng/ Partner A. Generallnforr 1. Area of Property. 416 , 4 3 -4- sg . f t . sq. ft. 9.56+-Ac. so; es 2. Existing Zoning: "C" Zoned 3. Please state why the change of zoning should be approved: When this prnnPrty was annexed into Marana from Pima County (via Ordinance #88 -14), it ha SR zoning. The Marana: "C" zoning requires 25 +- acres per homesite whe reas SR requires 144,000 sq. ft. per homes ite like the Marana R -14 des ignat: 37. 4. LIST RELATED CASES CASE # FILE NAME /PROCESS Ord i nan . R 7002-15 Catalina rawmi; i l , BSA Resque Seheel- + Ac. Approved September 3, 2002 for R -144 - Ta Code216 -2 -OC Ordinances 2002.16 Shirley Foley, Sanford Evans, et.al. 20 +- Ac. Approved Septmber 3rd, 2002 for R -144 -Tax Code216 -2 -0" B. Proposed Land Use 1. Describe the proposed use of the property The land would be zoned to al low = development of up to three homesites of 144,000 s .ft. minimum each. T = land south oT Lambert Lane is in Pima County is zoned SR which allows one home per 144,000 sq. t. Marana's R -144 zoning is the same as Pima Coun: ovi ed tne same setbacks areadopted by Marana as in Pima County. 2. State why this use is needed. The "C" 7nninq , 1 -1111 1 y restrictive and lee no:: conform to the former SR zoning this property Pn1nyPH in Pima c ow; t y . 3. If the proposed use is residential, how many total residential units will there be on the property to be rezoned? Will these be detached site -built homes, manufactured homes, or another type? Total units: three (3) Type: S i ngl P family res i dunc Total units: Type: Total units Type: Total units: Type: 4. Will the subject property be split into additional lots? ES NO (Circle one) If so, how many total lots will there be on the property to be rezoned, and what HA PLANNING \FORMS\DEVPKG \1999\PCZAPP99.DOC Page 10 of 10 (Rev. 7/20/99) size in acres will each lot be? ThP s of the parcPl 9.56 + - acres l� us 2 2,050 SF of an adioinina strip of land owner is acquiring, would allow thre horr_sites of at least 144,000 sa.ft. each. The Town of Marana allows up to t hree lot splits without going through the subdivision process. 5. If additional lots will be created by this rezoning, how will all- weather access be provided to these lots from an easement, new easement, etc. go i ng D I ........,,d Rana ap of z. Ca r'�+.+.^.Gr nkrtg i 6. What is the maximum proposed building height? two story feet, stories 7. Provide an estimate of when proposed development will be started and completed. Starting date: Not known Completion date: Not known 8. If the proposed development is commercial or industrial a. How many employees are anticipated N /A b. How many parking spaces will be provided? N/A C. What are the expected hours of operation? N/A d. Will a separate loading area be provided? N/A (If yes, show location on sketch plan or preliminary development plan) e. Approximate size of buildings (sq. feet)? 9. For commercial or industrial developments, or residential developments of three residences per acre or greater: a. State which bufferyard is required, per the Town of Marana Development Code: N/A b. Describe the buffer that will be provided (state buffer width, use of walls, and type of plant material) to meet the Town of Marana Development Code: NIA H: \PLANNINGXFORMSXDEVPKG11999\PCZAPP99 .DOC Page 11 of 11 (Rev. 7120199) 10. If the proposed development is an industrial project, state the industrial wastes that will be produced and how they will be disposed. (Discuss the means of disposal with the Pima County Wastewater Management Department at 740- 6500 and the Department of Environmental Quality at 740 - 3340): N� C. Site Conditions - Existing and Proposed 1. Are there existing uses on the site? YES 10 (Circle one) a. If yes, describe the use, stating the number an type of dwelling units, businesses, etc.: b. If no, is the property undisturbed, or are there areas that have been graded? Undisturbed vacant land 2. If the proposed rezoning is approved, will the existing use be removed, altered, or remain as is? It is intended to use the property for three homes i t es like it was formerly zoned in Pima County before it was annexed in during the summer of 1988. 3. Are there any existing utility easements on the subject property? � NO (Circle one). If yes, state their type and width, and show their location on the sketch plan or preliminary development plan: Pic g h 1 y Ci of T. ir cnn Wat , TR I C-0 Electric. OWEST (telephone). See Title Report. There is no aR rp Dye Development Plan at the present time. 4. Describe the overall topography of the subject property, and note whether any slopes of greater than 15% are present on the property. Note any rock outcropping or unusual landforms or features: Gen t 1 y s 1 op i ng nat i ve dese rt f ro- :h=- NE to the SW, no unusual rock outcroppings or tormations, no hi -sides of greater than 15% slope 5. Note any areas of heavy vegetation on the sketch plan or preliminary development plan: HA PLANNINGTORMSDEVPM1999\PCZAPP99 .DOC Page 12 of 12 (Rev. 7120/99) 6. Are there any natural drainageways (washes) on the subject property? YES NO (Circle one). If yes, state whether these natural drainage patterns will be altered by the proposed development, and what type of alteration is proposed: _ Yes, this will need further study by hydrologists and engineers in the preparation of the Preliminary Development Plan. 7. Approximately how much of the subject property is proposed to be graded, including areas where most vegetation will be cleared? acres and percent of the land area. How much of this area is currently graded? Unknown at the present time. 8. Describe any revegetation proposal in areas where development will require removal of natural vegetation: Unknown at the present time. 9. Will a s tic tem or public sewer be used for the proposed development? SEP SEWER If septic Is to be used, state whether one currently exists on the property and, if so, whether additions to that system will be needed for this development. (NOTE: For information on septic system requirements, call the Department of Environmental Quality at 740 - 3340.): (vacant] and) . Copt i r cvctcmc arc al l nu icrl in Pima rnu on ] ots larger than ane acre. 10. How will water be supplied to the property? City of Tucson Water is del i ve red to t he property along Flying Diamond Road 11. Is the avai ble supply adequate for the proposed development? YES NO NOT SURE D. Surrounding Land Use 1. Describe in detail adjacent and nearby land uses within approximately 500 feet of the subject property in all directions. North Sparsely populated land to north - South- n ] and to ��th. East I;p arSPlyrpulated land to Past West One home on large acreage to west I H:\ PLANNING \FORMS\DEVPKG \1999\PCZAPP99.DOC Page 13 of 13 (Rev. 7120/99) J PCZ=02088 LOCATION MAP �% ■ ■111■ oil Bill ■ /� �■■ 11. 11 ■1...... / /�■■■■■■■� ;11111''x" "" '"••��:��� � .■■ .111 ■�I ���� � ■. ■ ■■ ■111 ..���:■� � ■111 111 ., �� .,�� ■ ■■ ■ ■'■ ■■ � .il. �` •� 111 �. 111 11111111IA �P ►III ■�,��, � ,,,,� ' \iii J� , ►piii n ■■ ■■ �'�_ �■ nm1 � 'rnnnllnD � •� ■ IIOIIO p gnu■' -- _ ■ ■ ■■ ■■ ,...�������''������' �'�• - 1111111 Lin. � . �� �� �� ♦ 1 �'� ■'■ ■ �� % \- � ®�� �,,� � .IO /OIL I lii�r ' �, �� 1i ►��1 � ■• ■■: X11: ■■ � °� =' ■�: 1/ ■ ..11.11..1:...•,, ►uluunlunnm /mot �� nuuo� ■��� /� ��.� � _ � �n�Ii�1.�: �.� _ool num�� �p.�quwn :L!��D� C'��i�i�p� hvn 1111 ♦ ♦ .111. / - ��. � � ♦ I �O� j (lllllil� , �����A ♦�� ! ���0�0�� i�� � ,�,, I " .�, III \� \ICS ►Q ►'�' = :� :� ��� �� �� � , ► I�, ' �� .. R ♦ v� �. a 11a .d �s,� 0�i0 O � s� � � .� � ♦ �' nm►n �.a`�o Aliv�� R�. � ��� � �iQ .�� � ►� e � ♦ � 1� I�� � gy p► P ►. �� 1 �� : • � �� i�� I�I�I�I� G Innp ►� ►. ►unln °m � ►p�ii O�i ♦ � ► ♦ �� �1 �11l� ��U► . (unnu��nnu ►/ i � pp p onv nol4 �q� a pp S OP � � ���, � 1 ♦ �� 1�. ♦ � f ►��� C1 = nilu : 10 S ou th wes t • Flyi Di amond • C am i no • - Oe F WN TOWN UNCIL OF EETING MARANA ORMATION DATE: January 21, 2003 AGENDA ITEM: IX. B. 3 TO: Mayor and Council FROM: Dick Gear, Community and Economic Development Director SUBJECT: PUBLIC H EARING : E astern C amino d e M anana Annexation: Consideration of the, Town of Marana's desire to annex approximately 131 acres located in Section 1, T12S, R12E south of Tangerine Road, and bordered on the west by Camino de Manana Road. If successful this annexation will eliminate approximately two- thirds of the Pima County island bisected by Camino de Manana Road. DISCUSSION: Pursuant to filing a blank petition on December 16, 2002, with the Pima County Recorder's Office, this Public Hearing is mandated by State Statutes to be held within thirty days following such filing. All owners of real and personal property within the annexation area "have been notified of this hearing, and have been given the opportunity to address the Mayor and Council with their concurrence or objections to this annexation. This annexation will bring into the Town of Marana approximately 131 acres. This annexation falls within a Pima County island, and is an area designated by Council as within the Town's ultimate boundary. The land within and peripheral to this annexation is zoned Suburban Ranch in Pima County, and will translate into the Town's R -144 Zone (Single Family Residential with minimum lot size of 144,000 square feet.). RECOMMENDATION: No action is required — Public Hearing. SUGGESTED MOTIONS: None. ADMIN/SRG /01/14/2003 LEGAL DESCRIPTION EASTERN CA', INO DE MANAMA ANNEXATION TO THE TOWN OF MARANA A PORTION OF THE SOUTH HALF OF SECTION 1, TOWNSHIP 12 SOUTH, RANGE 12 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA, SAID PORTION BEING DESCRIBED AS FOLLOWS: BEGINN'r G AT THE SOUTHEAST CORNER OF SAID SECTION 1, WHICH IS A POINT ON THE NL RANA TOWN LIMITS AS DESCRIBED IN TOWN OF MARANA ORDINANCE NO. 92.13 AND RECORDED IN DOCKET 9450 AT PAGE 49; THENCE NORTHERLY, ALONG THE EAST LINE OF SAID SECTION 1 AND MARANA TOWN L=S, TO THE EAST QUARTER CORNER OF SAID SECTION 1, BEING ALSO AN ANGLE POINT IN SAID MARANA TOWN LIMITS AS DESCRIBED IN TOWN OF MARANA ORDINANCE NO. 88.17 AND RECORDED IN DOCKET 8334 AT PAGE 1975; THENCE 'WESTERLY, ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 1 AND CONTINUING ALONG SAID MARANA TOWN LIMITS, TO THE NORTHWESTERLY RIGHT -OF -WAY LINE OF CAMINO DE MARANA AS SHOWN IN BOOK 2 OF ROAD MAPS AT PAGE 3, RECORDS OF SAID PIMA COUNTY, BEING ALSO AN ANGLE POINT IN SAID MARANA TOWN LIMITS AS DESCRIBED IN TOWN OF MARANA ORDINANCE NO. 92.14 AND RECORDED IN DOCKET 9450 AT PAGE 53; THENCE SOUTHWESTERLY, ALONG SAID NORTHWESTERLY RIGHT -OF -WAY LINE AND CCNTINUING ALONG SAID MARANA TOWN LIMITS TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION l; THENCE SOUTHWESTERLY, CONTINUING ALONG SAID NORTHWESTERLY RIGHT - OF -WAY LINE AND DEPARTING SAID MARANA TOWN LIMITS, TO THE SOUTH LINE OF SAID SECTION 1, BEING ALSO A POINT ON THE MARANA TOWN LIMITS AS DESCRIBED IN TOWN OF MARANA ORDINANCE NO. 88.14 AND RECORDED IN DOCKET 8313 AT PAGE 1904; THENCE EASTERLY, ALONG SAID SOUTH LINE AND MARANA TOWN LIMITS, TO THE SOUTHEAST CORNER OF SAID SECTION 1 AND THE POINT OF BEGINNING. THIS DESCRIPTION WAS BASED ON RECORD INFORMATION AND DOES NOT REFLECT THE RESULTS OF A FIELD SURVEY. j. LEO i rva U. i J. L & RD FbNTES, ., R.L.S. S: 'JOaS\3592\:_9210481359210:8.aoc LEGAL LOG NO. 700 Page 1 of 1 ..�XIIIBIT ( 7A RTION OF THE SOUTH HALF OF SECTION 1, TOWNSHIP 12 SOUTH, E 12 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZ. TANGERINE ROAD o 0 Q 0 o; TOWN of L I NO � E �Q MARANA �-v �3 2 ORD. NO. 88.17 fll 0 0 cu ('7 0 (U ORD. NO. 92.14 ORD. NO. 92.13 z Li NOT A PART OF AREA TO BE THIS ANNEXATION ANNEXED 0 o� X d 3 ORD. NO. 88.14 P. 0. B. A m 0 N LEGEND LAND S cn ti EXISTING MARANA TOWN LIMITS m W 22759 ® AREA TO BE ANNEXED N z J. LEONARD O FONTES JR. cn ON T 9� s, S P TETRA TECH, INC. �, NORTH \�' �+_�� w 6FRASTRUCTUREJTMMfEST G RWP JJ N. Ston.. fStn Flow SCALE 1 �= 1000' Tucson. AZ 85 �or (szo) 62J -7980 aTe rav zoo2 i ,ae ra. �saa -+aa mu _. _dry r ■ C t� .r•p x a4,�, c r ■1 K'Y !� W t _ P' �n #+., +.�s'�aCP:,.�' - �s a; S� -i rya Yas �e-°� s� �• R'�•. �*s5a g5 � ; Ra w 1+ F to - . 7 7 4 - = $+katr.dr 'y' NifiY ` Xfv` y*. X 4 r3 `Y ,f` ` ffim n TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA ATE: Janu 21, 2003 AGENDA ITEM: IX. B. 4 TO: Mayor and Council FROM: Joel D. Shapiro, Planning Director SUBJECT: Resolution No. 2003 -05: Orange Grove I -10 Plaza Preliminary Plat A request for preliminary plat approval on 26 acres to construct a 204ot light industrial park located between the Union Pacific Railroad and westbound Interstate 10 Frontage Road on the south side of Orange Grove Road, in a portion of Section 7, Township 13 South, Range 13 East. DISCUSSION: This project was presented to the Planning Commission on November 13, 2002. The Planning Commission is forwarding this preliminary plat to the Town Council with a unanimous recommendation for approval. The Shomac Group is requesting approval of a Preliminary Plat for a 26 -acre site to construct a 20- lot light industrial park. The subject property is located between the Union Pacific Railroad and the westbound Interstate 10 frontage road o n t he s outh s ide o f 0 range Grove Road in a p ortion o f Sections 7 and 8, T13S, R13E. This project is located within a "LI" Light Industrial zone per the Marana Land Development Code. The "LI" zone is intended to provide for manufacturing, processing, research, science, engineering, wholesale trade and services, and other commercial, institutional and certain limited retail sales and services. This project will be focusing on automotive type services. The proposed anchor tenant will be a full service, one -stop shop for recreational vehicles. This will include air- conditioned storage and maintenance on the RVs as its main services. This project consists of one main road, Travel Center Drive, which provides access to all of the lots. The egress /ingress to this site is off of River Road by way of Joiner Road and off of the I -10 westbound Frontage Road by way of the newly created Sydney Theresa Way, named after Commissioner Russell Clanagan's daughter who has been diagnosed with Metachromatic Leukodystrophy. The preliminary plat has been under review since June 2001. Within this time frame, the developer has worked extensively with Union Pacific Railroad and Arizona Department of Transportation to ensure safe access to this site. On October 1, 2002 the Town of Marana entered into a new public road crossing developer's agreement with Union Pacific Railroad Company for Joiner Road. This agreement will ensure the widening of Joiner Road as well as the reconstruction of the existing railroad crossing. The project site has undergone extensive earthwork being performed by means of a Stockpile Permit that was issued on April 27, 2001. A Native Plant Permit for the site was approved by the Planning Commission on June 27, 2001. On December3, 2002, the Council, sitting as the Board of Adjustments, unanimously approved a variance request for this project that would allow lots 15, 17 and 18 to be less than the required 200 foot lot depth. Staff has reviewed the request against the requirements of the underlying zoning district. All applicable development standards are adhered to with this Preliminary Plat with the approved variance. 3 RECOMMENDED CONDITION OF APPROVAL: 1. The Town must receive acceptance from ADOT prior to the Final Plat being scheduled for Council. RECOMMENDATION: Staff recommends conditional approval. SUGGESTED MOTION: I move to approve Resolution No. 2003 -05 with the listed condition. • MARANA RESOLUTION NO. 2003-05 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING THE PRELIMINARY PLAT FOR ORANGE GROVE I -10 PLAZA, SUBMITTED BY THE SHOMAC GROUP, THAT WOULD CREATE AN INDUSTRIAL SUBDIVISION CONSISTING OF 20 LOTS ON APPROXIMATELY 26 ACRES, LOCATED ON THE SOUTH SIDE OF ORANGE GROVE ROAD BETWEEN THE UNION PACIFIC RAILROAD RIGHT -OF -WAY AND THE WESTBOUND INTERSTATE 10 FRONTAGE ROAD, WITHIN A PORTION OF SECTIONS 7 & 8, TOWNSHIP 13 SOUTH, RANGE 13 EAST. WHEREAS, the Shomac Group Inc. is the owner of 26.218 acres of property located on the south side of Orange Grove Road between the Union Pacific Railroad right -of -way and the westbound Interstate 10 frontage road and specifically in a portion of Sections 7 & 8, Township 13 South, Range 13 East, more particularly described in Exhibit A, attached hereto and incorporated herein by this reference (Exhibit "A'), and has applied to the Town of Marana for • approval of a preliminary plat for Orange Grove I -10 Plaza an industrial subdivision consisting of 20 lots; and WHEREAS, the Marana Town Council has heard from the representative(s) of the owner, staff, and members of the public at the regular Town Council meeting held January 21, 2003, and has determined that the preliminary plat for Orange Grove I -10 Plaza should be approved pursuant to the recommendation of the Marana Planning Commission. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the T own o f Marana, Arizona, that Orange Grove I -10 Plaza, submitted by The Shomac Group Inc. for an industrial subdivision consisting of 20 lots on approximately 26 acres of property, located on the south side of Orange Grove Road between the Union Pacific Railroad right -of -way and the westbound Interstate 10 frontage road and specifically in a portion of Sections 7 & 8, Township 13 South, Range 13 East, be approved with the following condition: • The Town must receive acceptance from ADOT prior to the Final Plat being scheduled for Council. Mama Resolution No. 2003 -05 Page 1 of 2 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 21 s ` day of January, 2003. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Entz Town Clerk APPROVED AS TO FORM: Daniel J. Hochuli As Town Attorney and not personally • Marana Resolution No. 2003 -05 Page 2 of 2 . EXHIBIT "A" PARCEL 1: All that part of the Northwest quarter of Section 8, and the East half of Section 7, Township 13 South Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona, more particularly described as follows: Commencing at the quarter corner common to Section 7 and 8; Thence North 0 0 25'23" East along the common Section line, a distance of 9.73 feet; Thence South 69 1 03'32" West, a distance of 30.72 feet to the True Point of Beginning of said parcel; Thence North 30 °03'42" West, a distance of 1776.14 feet to a point; Thence North 24 0 43'48" West, a distance of 250.58 feet to a point; Thence North 24 0 21'50" West, a distance of 251.88 feet to a point; Thence North 30 0 04'28" West, a distance of 550.03 feet to a point; Thence North 56 °02'46" East, a distance of 78.47 feet to a point in the South right -of -way line of Orange Grove Road; Thence South 42 East, a distance of 1231.65 feet to a point of curve; Thence southeasterly along the arc of said 3619.85 foot radius curve to the right, through a central angle of 14012'54 n a distance of 898.08 feet to a point on the common section line between Sections 7 and 8 where a radial line bears South 61 1 57"15" West; Continuing thence southeasterly along the arc of said 3619.85 foot radius curve to the right, through a central angle of 12 0 02'07" a distance of 760.37 feet to a point of tangent; Thence South 16 0 00'38" East, a distance of 41.47 feet to a point; Thence South 69 0 03'32" West, a distance of 354.56 feet to the True Point of Beginning. EXCEPTING THEREFROM that portion condemned by Pima County, SCC No. 258004 Final Order of Condemnation recorded in Docket 10311 at page 3224 described as follows: A strip of land, 60 feet in width, the centerline of which is described as follows: Commencing at the northeast corner of Section 7 Township 13 South Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona; Thence North 89 13'08" West, along the centerline of Orange Grove Road and the north line of said Section 7, a distance of 851.09 feet to the point of curvature of a 1432.28 foot radius curve to the left; Order No.: 80001035 -SD - D Thence westerly along the centerline of Orange Grove Road and the arc of said curve, through a central angle of 7 1 15'12 ", a distance of 181.32 feet to the point of tangency; Thence South 83 °31'27" West, a distance of 486.07 feet to a point; Thence South 28 East, a distance of 388.59 feet to the point of curvature of a 5742.58 foot radius curve to the right; - Thence southeasterly, along the arc of said curve, through a central angle of 2 a distance of 296.00 feet to the point of reverse curvature of a 600.00 foot radius curve to the left; Thence southeasterly, along the arc of said curve, through a central angle of 16 °35'20 ", a distance of 173.72 feet to a point on the existing easterly right -of -way of Interstate Highway 10, said point being the True Point of Beginning; Thence continuing southeasterly along the arc of said curve, through a central angle of 26 °00'26 ", a distance of 272.35 feet to the point of tangency; Thence South 68 °30'15" East, a distance of 325.04 feet to the point of curvature of a 600.00 foot radius curve to the right; Thence southeasterly, along the arc of said curve, through a central angle of 6 a distance of 65.40 feet to a point on the existing westerly right -of -way line of the 1 -10 Westbound _Frontage Road and the point of termination. PARCEL 2: All that part of the Northeast quarter of Section 7 Township 13 South Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona, more particularly described as follows: Commencing at the common quarter corner between said Sections 7 and 8; Thence North 0 0 25'23" East, a distance of 9.73 feet to a point; Thence North 69 0 03'32" East, a distance of 323.84 feet to a point; Thence North 16 °00'38" West, a distance of 41.47 feet to a point of curve; Thence northwesterly along the arc of said 3619.85 foot radius curve to the left, through a central angle of 26 0 15'01 " a distance of 1658.45 feet to the True Point of Beginning; Thence North 42 5'38"West a distance of 1231.65feet to a point in the south right -of -way line of Orange Grove Road; Thence North 82 ° 12'49" East a distance of 121.30 feet along the south right -of -way line of Orange Grove Road to a point; Thence South 42 East, along the westerly right -of -way line of the Southern Pacific Railroad, a distance of 1,162.99 feet to a point of curve; Thence southeasterly along the arc of said 3719.85 foot radius curve to the right through a Order No.: 80001035 -SD - D central angle of 2 0 30'00" a distance of 162.31 feet to a point; Thence South 50 1 14'22" West, a distance of 17.21 feet to a point of curve; Thence westerly along the arc of said 30 foot radius curve to the right, through a central angle of 73 0 49'30" a distance of 38.66 feet to a point of reverse curve; Thence northwesterly along the arc of a 630 foot radius curve and the northeasterly right -of -way line of the new frontage road, through a central angle of 13 1 26'52" a distance of 147.87 feet to a point on the arc of a curve, whose radial line bears South 47 0 44'42" West; Thence northwesterly along the arc of said 3619.85 foot radius curve through a central angle of 0 1 00'20" a distance of 0.35 feet, to the True Point of Beginning of said lands. EXCEPT FROM THE ABOVE DESCRIBED PARCELS 1 AND 2 THE FOLLOWING PARCELS DESCRIBED IN FINAL ORDER OF CONDEMNATION RECORDED IN DOCKET 11259 AT PAGE 1342, PIMA COUNTY RECORDS: Parcel A: That portion of the Northeast quarter of Section 7 Township 13 South Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona, being more particularly described as Is follows: Commencing at the northeast corner of said Section 7; Thence South 89 0 11'08" West, 1426.12 feet along the north line of said Section 7; Thence departing said north line of Section 7, South 00 0 48'52" East 175.92 feet to the intersection of the southerly right of way line of Orange Grove Road and the northeasterly right of way line of Interstate 10 (Casa Grande - Tucson Highway), said point also being the Point of Beginning; Thence North 52 0 01'22" East 5.66 feet along said southerly right of way line of Orange Grove Road; Thence departing said southerly right of way line of Orange Grove Road, South 33 0 48'10" East 268.37 feet; Thence South 32 East 192.18 feet; Thence South 26 ° 29'18" East 60.15 feet; Thence South 31 0 37'40" East 253.35 feet; Thence from a local tangent bearing of North 49 West along a curve to the right having a radius of 570.00 feet, a distance of 174.16 feet to said northeasterly right of way line of Interstate 10; Thence North 25 °04'12" West 46.78 feet along said northeasterly right of way line of Order No.: 80001035 -SD - D Interstate 10; Thence North 30 1 31'14" West 555.52 feet along said northeasterly right of way line of Interstate 10 to the Point of Beginning. Parcel B: That portion of the East half of Section 7 and the West half of Section 8 Township 13 South Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona, being more particularly described as follows: Commencing at the northeast corner of said Section 7; Thence South 89 1 11 '08 " West 1047.41 feet along the north line of said Section 7; Thence departing said north line of Section 7, South 00 0 48'52" East 887.96 feet to the northeasterly right of way line of Interstate 10 (Case Grande - Tucson Highway), said point also being the Point of Beginning; Thence departing said northeasterly right of way line of Interstate 10 from a local tangent bearing of South 51 ° 16'02" East along a curve to the left having a radius of 6 30. 00 feet, a distance of 119.26 feet; Thence South 29 11 55'05" East 379.23 feet; Thence South 28 0 42 0 09" East 400.02 feet; Thence South 29 ° 54'53" East 589.21 feet; Thence South 30 °33'34" East 559.06 feet; Thence South 68 0 34'25 "West 53.75feet to said northeasterly right of way line of Interstate 10; Thence North 30 0 32'38" West 1776.14 feet along said northeasterly right of way line of Interstate 10; Thence North 25 °04'12" West 250.65 feet to the Point of Beginning. TOGETHER WITH an access easement in Section 7 Township 13 South Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona, described as follows: Commencing at the northeast corner of said Section 7; Thence South 89 0 11'08" West 1047.41 feet along the north line of said Section 7; Thence departing said north line of Section 7, South 00 1 48'52" East 887.96 feet to the northeasterly right of way line of Interstate 10 (Casa Grande - Tucson Highway); Thence departing said northeasterly right of way line of Interstate 10 from a local tangent Order No.: 80001035 -SD - D bearing of South 51 0 16'02" East along a curve to the left having a radius of 630.00 feet, a distance of 119.26 feet; Thence South 29 East 379.23 feet; Thence South 28 1 42'09" East 97.77 feet to the Point of Beginning; Thence continuing South 28 0 42'09" East 356.25 feet; Thence South 29 East 589.21 feet; Thence South 30 °33'34" East 559.06 feet to said southerly boundary line of said parcel, said point also being the point of ending. R 1 AGENDA ii'EM NUMBER: VIII.C.3 PLANNING COMMISSION November 13, 2002 CASE No: PRV -0163p CASE NAME: Orange Grove I -10 Plaza Preliminary Plat Owner's Name: Shomac Group Inc. Project Firm: American Pacific Engineering, LLC Contact: Michael Owen Firms Address: 7835 E. Marquise Drive, Tucson, AZ 85715 Location of Request A twenty -six acre parcel between the Union Pacific Railroad and westbound Interstate 10 Frontage Road on the south side of Orange Grove Road. Nature of Request: Approval of a Preliminary Plat to construct a 204ot light industrial ark. Site Size: 26 acres Zone District: "LI" Light Industrial Existing Use: Vacant and undeveloped Proposed Use: The Shomac Group proposes to construct a 20 -lot light industrial ark. Report Date: November 5, 2002 Project Planner: Lisa Shafer, Planner I SUMMARY OF APPLICATION The Shomac Group is requesting approval of a Preliminary Plat for a 26 -acre site to construct a 20 -lot light industrial park. The subject property is located between the Union Pacific Railroad and the westbound Interstate 10 frontage road on the south side of Orange Grove Road in a portion of Sections 7 and 8, T13S, RI 3E. This project is located within a "LI" Light Industrial zone per the Marana Land Development Code. The "LI" zone is intended to provide for manufacturing, processing, research, science, engineering, wholesale trade and services, and other commercial, institutional and certain limited retail sales and services. This project will be focusing on automotive type services. The proposed anchor tenant will be a full service, one -stop shop for recreational vehicles. This will include air - conditioned storage and maintenance on the RVs as its main services. This project consists of one main road, Travel Center Drive, which provides access to all of the lots. The egress /ingress to this site is off of River Road by way of Joiner Road and off of the I- 10 westbound Frontage Road by way of the newly created Biz -Hub Way. The preliminary plat has been under review since June 2001. Within this time frame, the developer has worked extensively with Union Pacific Railroad and Arizona Department of Transportation to ensure safe access to this site. On October 1, 2002 the Town of Marana entered into a new public road crossing developer's agreement with Union Pacific Railroad Company for Joiner Road. This agreement will ensure the widening of Joiner Road as well as • the reconstruction of the existing railroad crossing. The project site has undergone extensive earthwork being performed by means of a Stockpile Permit that was issued on April 27, 2001. A Native Plant Permit for the site was approved by { the Planning Commission on June 27, 2001. In December, the Council, sitting as the Board of Adjustments, will act upon a variance request for this project that would allow lots 15, 17 and • 18 to be less than the required 200 foot lot depth. Because of the necessary road and the fixed width of the project site, staff supports the variance. Staff has reviewed the request against the requirements of the underlying zoning district. All applicable development standards are adhered to with this Preliminary Plat with the exception of lot depth for lots 15, 17 and 18, but a variance will be approved prior to Town Council receiving this preliminary plat. Staff is recommending approval based on the recommended findings of fact. RECOMMENDED FINDINGS OF FACT ... __.....�. __._.. _ 1. The property is currently designated "LP' (Light Industrial }. - The proposed development is - -- - allowable under this designation with the approval of the variance. The project is in compliance with all other development standards related to this classification. 2. This proposal is consistent with the purpose and intent of the Town of Marana General Plan. 3. This proposal, with the recommended conditions, is not detrimental to the immediate area and to the health, safety, and welfare of the inhabitants of the area and the Town of Marana. Staff Recommendation: APPROVAL subject to conditions. CONDITIONS • 1. The Engineering Department must accept the Traffic Report prior to the preliminary plat being scheduled for Council. 2. The Engineering Department must accept the Drainage Report prior to the preliminary plat being scheduled for Council. 3. The Engineering Department must accept the Environmental Report prior to the preliminary plat being scheduled for Council. 4. The Engineering Department must accept the Preliminary Plat prior to it being scheduled for Council. 5. The Town must receive acceptance from ADOT prior to the Final Plat being scheduled for Council. 6. The required variance for the lot depth of lots 15, 17 and 18 must be approved by the Town Council, acting as the Board of Adjustments, prior to the preliminary plat being approved by Council. CASE ANALYSIS RE VIEW cRrrERIA 1. Ability to comply with Development Regulations, i.e. Water, Sanitation, access, Developable Parcel, etc.: The property is currently designated as "LI" (Light Industrial). Adequate area exists for this subdivision on this site. The development will be in compliance with the requirements of all agencies prior to Council approval. 2. Ability to comply with requirements of the Zoning_ Regulations, i.e. Lot size, Frontage, Setbacks. etc.: This proposal will comply with all the requirements of the Light Industrial zoning district after a variance has been approved by the Board of Adjustments for the lot depth of parcels 15, 17 and 18. PAGE 2 OF 3 t . t 3. Is consistent with the purpose of the Zoning Regulations and with the intent of the General Plan: This proposal is consistent with the purpose and intent of the Land ® Development Code and the Town of Marana General Plan designation of Industrial /General. 4. Compatible Frith the surrounding area harmonious with character of the neighborhood. not detrimental to the immediate area or the development of the area, and not detrimental to the health safety, or welfare of the inhabitants of the area and the County: The proposed subdivision will allow for manageable parcels to be sold and developed in a cohesive development pattern. This proposal is also not detrimental to the immediate area and to the health, safety, and welfare of the inhabitants of the area and the Town of Marana. Suggested Motion: _ I move to approve Case No. PRV -0163p the Preliminary Plat for Orange Grove I -10 Plaza subject to the listed conditions. • PAGE 3 OF 3 Orange Grove 1=1 Plaza Preliminary Plat C ASE NO / 1 i MIM MEN MAIN / ■�iG ■ ■■ �� � ■ i n■ t � p� illy %���� •,• i ...1111 a j'��i�ii ♦ �• milli\/ N r u� ■>In k A ll � °����������oA �• � % 1111 ■111 � � - .,���.. X1111111 j !i�i�i'i�i��`. • \ ` •® �, X111111 .�i�i�i�i�i'i �� �� ��1111► . iii :. :+\ ���I �� • • •' �,• i -• - or approva • a • - iminary • • • - - 1 • • • subdivision. The project is located between the Union Pacific Railroad and the west bound 1 Frontage R•.• on - south side of Orange Grove '• 'Assess parcel • 101 -06-001 101 i. 11 / & 101 1 �L U a zM Q ` p I W t2J o� ...................... � W1� yey�� W1 W y ZZ .... N .. .. Q^ W Z Ld °� se -LZ � __RR c�Jti w boo <o Z _ � a U i �. SVi P r Q, m n Z z r Z ° U W z Z6 �i � d q 021 31YMN80KI T � q� z� o 1: w r z o. 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K STA. 1898 +95t N STA. 1898 +95t \ \\C s tt w I ® \/\ z aC ;i EXISTING PAVE EN N -4 t U U W A %�\'l / \\Y`\`�A •� m0 c t rn •�' `\ / \ �`�� /� S Z � \ D olr , O rn yZ� �� + AD I "n / 20' 12 . 1 }' P vv i Ln m yam, ' \ c� It i. o % � I�No Q f 4 00'" � m i J -I N�j N 1 MOVE G`UTTilER N _ b� \ \�\ \\r. ALIGNMENT r� rn n ° c �. N l• ; 7 u M en co ED g o NI ? I 200R.� I )T ° Y' \ ( 21000 is 9 m : 'N ISTING. 90 201 s 1 \r P^ \ \� \ \T \ / \\ \\ C c I EX EXISTING v s � • a �� �; w \� % \/\ / m m m ✓\�` ..: a III j ,, i lI e , . 1 o O T /� °off KW — a J; gingif 0-4 m mr oz z oao I I x I p gp �f"ai0� n n :Z) \1� v c�A /<\ � /�/ g I I z ; m Z�� 1 't g m m. n �yT� ° r >I a \ :AvVT \'/\ , '� , I fl r a I z m > .i y �°� •BSI rrr Z ZI 0 Z O my v o Npm D � rn %0 ] OD $ m ° $ O $ n TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: January 21, 2003 AGENDA ITEM: IX. B. 5 TO: Mayor and Council FROM: James R. DeGrood, P.E., Development Services Administrator SUBJECT: Sanitary Sewer Connections for Residents along Grier Road. DISCUSSION: Staff had a public meeting and open house with the residents along Grier Road on December 10, 2002. The purpose of this meeting was to expose the Town Hall development proposals to the local neighborhood which will be most effected by the project, and to solicit their comments and reaction. The two elements of the project which received the most public reaction were the extension of the public sanitary sewer along Grier Road between Sandario and the new Marana Main Street, as w ell a s S treet L ighting. A s trong i nterest w as a xpressed i n t he provision of street lights along Grier Road as a part of the reconstruction of Grier Road. When the crowd was asked if anyone had objections to street lighting, no concerns were raised. The most interest on the part of the community was expressed about possibility of having individual lots connected to the new sewer. While this was desired, a concern about the cost was also expressed. Residents were also aware that the Town was undertaking the connection of t he h omes i n H onea H eights, a nd i nquired about the possibility of having the same offer extended to the residents along Grier. Should the council wish to extend the same program to the residents of Grier Road that will be inconvenienced by sewer construction, the costs for connection fees and physical connection can be expected to be approximately $4000/ home. Up to 14 homes may be able to be served by the new sewer. RECOMMENDATION: Staff recommends that Council direct staff to incorporate the connection of the houses adjacent to the sanitary sewer in the Town Hall sewer extension project and to incorporate street, light in the plans to reconstruct Grier Road. SUGGESTED MOTION: I move that the Mayor and Council direct staff to incorporate the connection o f t he h ousel adjacent to the sanitary sewer in the Town Hall sewer extension project and to incorporate street light in the plans to reconstruct Grier Road. PW /JRD/DMH/12 /14/99