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HomeMy WebLinkAboutCouncil Agenda Packet 02/04/2003 z TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road February 4, 2003 - 7:00 p.m. N�V 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 31, 2003 by 7 :00 o'clock p.m., at the Marana Town. Hall, Marana Police Department, Marana Development Services Center. ❑ 1 TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road February 4, 2003 - 7:00 p.m. I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. INVOCATION/MOMENT OF SILENCE g�(J ,4704,t& IV. ROLL CALL V. APPROVAL OF AGENDA C5— IJ6 VI. ACCEPTANCE OF MINUTES 7-6-16t4 Minutes of the January 21, 2003 regular Council Meeting VII. CALL TO T E P �I � C/ O CEM NTS At this time an member of the public is allowed to address the 4own Council on an issue � y P y � 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 tat have addressed the Council, may ask staff to review the matter, or may ask that the matter be placed on a future agenda. L A j�� ;;�� VIII. STAFF REPORTS 0,41 IX.. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA The consent agenda contains agenda ite re uiri ion b �ed.n A e g g g 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. ,�,E'K 1. Resolution No. 2003 -16: Exchange a portion of the Town of Marana public rights -of -way of Artesiano Road for the New Continental Reserve Loop (Farhad Moghimi) 2. Discussion/Action Disposition of current municipal facility at 13251 N. Lon Adams Road (Mike Hein) is 2 TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road February 4, 2003 - 7:00 p.m. B. COUNCIL ACTION 1. PUBLIC HEARING Ordinance No. 2003.02: Southwest corner Flyin Diamond & Camino de Oeste This item was continued from the January 21, 2003 meeting. A/� n A/� request to rezone approximately 9.56 acres from "C" (Large Lot Zone) to "R -144" TT (Residential - 144,000 square feet per lot) located at the southwest corner of Flying P Diamond and Camino de Oest , in Section 2, Township 12 South, Range 12 East (? ` (Joel Shapiro) --G s[. 2. Resolution No. 2003 -17: Twin Peaks Highland Preliminary Plat A reque t to construct a 114 -unit single - family subdivision on 29,78 acres in a portion o the Pima Farms North Specific Plan. The project is located south of Silverbel Road, djacent to the Twin Peaks Manufactured Home sub 'vision in a orY n f Sect' Act 0, Township 12 South, Range 12 East (Joel Shapir) W 0 3. State Le islative Issues - Discussion/Direction /Action re ardin all ending bills before the Legislature (Mike Hein) C. MAYOR AND COUNCIL'S REPORT D. MANAGERS' REPORT X. FUTURE AGENDA ITEMS XI. ADJOURNMENT Bobby Sutton, Jr., Mayor 7 -e7 even!� z4-" 3 1 t ' y ` MINUTES OF REGULAR COUNCIL MEETING 'm MARA NA TOWN HALL" JANUARY 21, 2003' PLACE AND DATE Marana Town Hall, January 21, 2003 I. CALL TO ORDER By Vice Mayor Kai at 7:03 p.m. II. PLEDGE OF ALLEGIANCE Led by Vice Mayor Kai III. INVOCATION/MOMENT OF SILENCE Led by Michael Reuwsaat IV. ROLL CALL COUNCIL Bobby Sutton, Jr. Mayor Excused Herb Kai Vice Mayor Present 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 Hochuli Town Attorney Present Jim DeGrood Development Services Admin. Present Jocelyn Entz Town Clerk Present Joel Shapiro Planning & Zoning Director Present Dick Gear Comm. & Economic Dev. Director Present Attached is a list of public attendees. V. APPROVAL OF AGENDA Upon motion by Council Member McGorray, seconded by Council Member Honea, the agenda with a change was unanimously approved. The change was that Council Action Item B. 2, PUBLIC HEARING: Ordinance No. 2003.02: • Southwest corner Flying Diamond & Camino de Oeste, be continued until the February 4, 2003 Town Council meeting. MINUTES OF REGULAR COUNCIL MEETING �`_ 1VIARANA�TOWN'HALL �' �` • ACCEPTANCE OF MINUTES Upon motion by Council Member Escobedo, seconded by Council Member Blake, the minutes of the December 17, 2002 regular Council meeting were unanimously accepted as written. CALL TO THE PUBLIC /ANNOUNCEMENTS There were no speakers from the public at this time. STAFF REPORTS There were no questions regarding the staff reports. GENERAL ORDER OF BUSINESS A. 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 (Joel Shapiro) 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. Si2ning of Agreement between Town of Marana and Arizona Game & Fish Commission concerning the Marana Habitat Conservation Planning Proiect (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) 2 MINUTES OF REGULAR COUNCIL MEETING ter MARANATO" HALL JANUARY 21,,2003 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) Upon motion by Council Member Escobedo, seconded by Council • Member Honea, the consent agenda was unanimously approved. 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) Joel Shapiro addressed the Council regarding this item. He briefly explained the history of this proposed amendment and said that the request would change the land use designation of the property from a combination of Industrial (I) and Freeway Commercial (C *) to entirely • Freeway Commercial. He described discrepancies that had arisen over the size of the area classified as Parcel 65A and related how these issues were 3 MINUTES OF REGULAR COUNCIL MEETING ... '„ MAR ANA TOWN `HALL" JANUARY 21, 2003 handled. He noted that, due to the commercial and industrial nature of this area, this request was consistent with the purpose and intent of the General Plan. Mr. Shapiro called for the approval of the amendment with the recommended condition. The condition is as follows: 1. High Density Residential will not be an allowable use once Parcel 65A is amended and formally created. Upon motion by Council Member McGorray, seconded by Council Member Blake, Ordinance No. 2003.01 with the listed condition was unanimously approved. 2. PUBLIC HEARING: 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 (Joel Shapiro) Earlier in the meeting, this item was removed from Council Action and continued to the February 4, 2003 Town Council meeting. 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) Mike Reuwsaat spoke before the Council regarding this item. He outlined the proposed annexation request and said that, if successful, it would eliminate approximately two- thirds of the Pima County island bisected by Camino de Manana Road. He noted that all owners of real and personal property within the 131 -acre area had been duly notified of this public hearing. He added that the land within and peripheral to this annexation was zoned Suburban Ranch in Pima County and would translate into the Towri s R -144 Zone (Single Family Residential with minimum lot size of 144,000 sq. ft.). No action was required by Council at this time. 4 y MINUTES OF REGULAR COUNCIL MEETING MARANA TOWN HALL 3ANUARY,21, 20Q3 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) Jim DeGrood spoke to the Council and public about this item. He explained that the property owner, Shomac Group, Inc., was requesting approval of a Preliminary Plat for a 26 -acre site to construct a 20 -lot light industrial park. He reported that this project was presented to the Planning Commission on November 13, 2002 and was forwarded to the Town Council with a unanimous recommendation for approval. He noted that Town staff had reviewed the request against the requirements of the underlying zoning district and that all applicable development standards had been adhered to with this Preliminary Plat with the approved variance. He recommended approval of the resolution with the condition that the Town must have received acceptance from the Arizona Department of Transportation prior to the Final Plat being scheduled for Council review. Upon motion by Council Member Escobedo, seconded by Council Member Blake, Resolution No. 2003 -05 with the aforementioned condition was unanimously approved. 5. Sanitary Sewer Connections for Residents along Grier Road (Jim DeGrood) Jim DeGrood addressed the Council regarding this item. He said that a public meeting with the Grier Road residents had been held on December 10, 2002 with the express purpose of informing the local neighborhood of the municipal complex development proposals. He reported that a strong interest had been expressed in the provision of street lighting and added that the most interest was expressed about the possibility of having individual lots connected to the new sewer. Upon motion by Council Member Blake, seconded by Council Member McGorray, authorization to incorporate the connection of the houses adjacent to the sanitary sewer in the Town Hall sewer extension project and to incorporate street lighting in the plans to reconstruct Grier Road was unanimous. 5 MINUTES OF REGULAR COUNCIL MEETING y � .. . MARANA TOWN'HALIL" s . , JANUARY 21, 2003, C. MAYOR AND COUNCIL'S REPORT Vice Mayor Kai reported on the Governor's State of the State address at the Tucson Convention Center on January 17, 2003 and expressed his pleasure that so many Council and staff were able to attend. D. MANAGERS' REPORT Mr. Hein indicated that with the Legislature again in session, the legislative updates would be included in the packet materials. X. FUTURE AGENDA ITEMS It was suggested that a legislative update be given at the next Council meeting. XI. ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Council Member Blake, approval to adjourn was unanimous. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on January 21, 2003. I further certify that a quorum was present. Jocelyn Entz, Town Clerk 6 TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: February 4 2003 AGENDA ITEM: IX. A. 1 TO: Mayor and Council FROM: Farhad Moghimi, P.E., Public Works Director/Town Engineer SUBJECT: Resolution No. 2003 -16 Exchange a portion of the Town of Marana public rights -of -way of Artesiano Road for the new Continental Reserve Loop. DISCUSSION: Under Resolution No. 2001 -93, the Town of Marana previously abandoned 60 feet in width and approximately 5023.15 feet in length of Artesian Road public rights -of -way located in T12S, R12E, Section 28 and 33 as established by Pima County and recorded in Road Maps 3 at Page 58 as requested by Diamond Ventures, Inc. in accordance with the Arizona Revised Statute 28- 7203 in exchanged for the new alignment of Continental Reserve Loop as recorded in the Final Block Plat for Continental Reserve in Book 53, Page 35(10) with the Pima County Recorders Office. The Town has processed for abandonment the remaining portion of Artesiano Road rights-of- way from Silverbell Road south to the northern boundary of the Final Block Plat for Continental Reserve, as shown on Exhibit A. The portion of Artesiano Road rights -of -way, as legally described in Exhibit `B" and "D" and shown on Exhibit "C" and "E" is no longer needed for public roadway purposes. Stewart Title and Trust, Trust No. 1943 has dedicated to the Town the new alignment of Continental Reserve Loop as needed for the connection to Continental Reserve Loop as dedicated by the Final Block Plat for Continental Reserve. The previously dedicated Continental Reserve Loop connection has been recorded on March 3 1, 2000, with the Pima County Recorders Office in Docket 11267, Page 1864 (8). The Town has evaluated the Continental Reserve Loop connection and it is a fair exchange for the remaining portion of Artesiano Road rights -of -way from Silverbell Road south to the northern property boundaries of Final Block Plat for Continental Reserve. Staff has posted Public Notice of Exchange of this roadway from December 17, 2002, through January 17, 2003. Staff has also publicly advertised the proposed abandonment in the Territorial Newspaper once a week for two consecutive weeks beginning on December 9, 2002. There have been no public objections to the proposed abandonment and exchange. All objections or concerns to the proposed abandonment and exchange by local public utilities have been resolved satisfactorily to the Town or shall be listed as conditions to the proposed Abandonment and Exchange. Qwest Communications has expressed an objection of the abandonment due to existing facilities 1 ocated within t he c urrent public rights -of -way. In addition to the reservation of a perpetual easement for all existing public utilities /sewers within the abandonment area, Qwest Communications requests a twenty (20') feet by two- hundred and fifty (250') feet easement.for their existing conduit and manhole structures. The Marana Water Department has also noted objection to the abandonment/exchange of the public rights -of -way as a 12" water main exists within this alignment. This main shall serve as an interconnection between the Town of Marana Water Department facilities and those of the City of Tucson Water District water facilities. Therefore, an easement shall be retained for the installation, construction and maintenance of the Water facilities within the portion of Artesiano Road alignment for abandonment/exchange. The Arizona State Museum (ASM) has stated that the archaeological site AZ AA: 12:321 (ASM) is located within the area affected by this abandonment and exchange, ASM recommends that any ground disturbing activities that occur within the site boundaries shall be assessed by an archaeological consultant. A site - specific plan for AZ AA: 12:321 (ASM) will need to be developed for any effects to untested parts of the site. This plan should take into consideration the site management recommendations made by Old Pueblo Archaeology Center (OPAL) in its various reports. RECOMMENDATION: Staff recommends the Council abandon the remaining portion of Artesian Road rights -of -way from Silverbell Road south to the northern Continental Reserve Plat property boundaries in exchange for the new alignment of Continental Reserve Loop as dedicated to the Town of Marana on March 31, 2000, and recorded with the Pima County Recorders Office in Docket 11267, Page 1864 (8) with the following conditions. Reservation (perpetual easement) for all existing public utilities /sewers within the abandonment area. - An easement approximately twenty (20') feet by two- hundred and fifty (250') feet easement shall be retained for Qwest Communications. Qwest Communications shall provide a legal description and exhibit for the area to be retained for their easement. A public water easement shall be retained for the installation, construction and maintenance of the Water facilities within the portion of Artesiano Road alignment for abandonment/exchange. Any ground disturbing activities that occur within the abandonment boundaries shall be assessed by an archaeological consultant. A site - specific plan for AZ AA: 12:321 (ASM) will need to be developed for any effects to untested parts of the site. This plan shall take into consideration the site management recommendations made by OPAC within various reports. Quit -claim deeds shall be recorded with the Pima County Recorder's Office granting the portion of Artesiano Road public rights -of -way to, as legally described in Exhibit "B" and "D" and shown on Exhibit "C" and "E ", Stewart Title and Trust, Trust No. 1943 once all previously required easements have been executed and legally recorded. SUGGESTED MOTION: I move to approve Resolution No. 2003 -16. PW/FH/MMF 9:04 AM 01/30/03 MARANA RESOLUTION NO. 2003-16 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA, ABANDONING A PORTION OF ARTESIANO ROAD RIGHTS -OF -WAY IN EXCHANGE FOR THE NEW ALIGNMENT OF CONTINENTAL RESERVE LOOP. WHEREAS, under Resolution No. 2001 -93,. the Town of Marana previously abandoned 60 feet in width and approximately 5023.15 feet in length of Artesiano Road public rights -of -way located in T12S, R12E, Section 28 and 33 as established by Pima County and recorded in Road Maps 3 at Page 58 as requested by Diamond Ventures, Inc., in accordance with the Arizona Revised Statute 28 -7203 in exchange for the new alignment of Continental Reserve Loop as recorded in the Final Block Plat for Continental Reserve in Book 53, Page 35(10) with the Pima County Recorder's Office; and WHEREAS, it has been determined by the Mayor and Council that the remaining 60 feet of Artesiano Road right -of -way as recorded in Road Maps Book 3, Page 58, from Silverbell Road south to the northern property boundaries of the Final Block Plat for Continental Reserve, shown on Exhibit "A ", is no longer necessary to the Town; and WHEREAS, the Mayor and Council have the authority pursuant to A.R.S. § 28 -7202, to dispose of or use the roadways; and WHEREAS, pursuant to A.R.S. § 28 -7203, a roadway or portion of a roadway may be exchanged with an abutting owner for all or part of a new public roadway; and WHEREAS, notice of the intended abandonment and exchange has been posted on the property and published according to the applicable statutes; and WHEREAS, the Mayor and Council have determined that the new alignment of Continental Reserve Loop previously dedicated on March 31, 2000, recorded in Docket 11267, Page 1864 (8) is a fair exchange for the remaining rights -of -way portion of Artesiano Road; and WHEREAS, quit -claim deeds shall be recorded with the Pima County Recorder's Office granting the portion of Artesiano Road public rights -of -way, as legally described in Exhibits "B" and "D" and shown on Exhibits "C" and "E ", to Stewart Title and Trust, Trust No. 1943 the private property owner directly adjacent to the abandonment area and the original grantors of the Continental Reserve Loop evaluated for exchange. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Town of Marana abandon the 60 feet of Artesiano Road right -of -way from Silverbell Road, as recorded in Road Maps Book 3, Page 58, south a distance of approximately 251 feet to the northern property boundaries of the Final Block Plat for Continental Reserve as recorded in Book 53, Page 35(10) with the Pima County Recorder's Office, in exchange for the new Page 1 of 2 Marana, Arizona Resolution No. 2003 -16 alignment of Continental Reserve Loop previously dedicated on March 31, 2000, as recorded in Docket 11267, Page 1864 (8) with the Pima County Recorders Office which are no longer necessary to the Town, subject to the following conditions: 1. A perpetual easement shall remain for all abandoned areas in conformance with A.R.S. § 28- 7210 for existing: a) sewer, gas, water or similar pipelines and appurtenances; b) canals, laterals or ditches, and appurtenances; and C) electric, telephone and similar lines and appurtenances. 2. An easement approximately twenty (20') feet by two - hundred and fifty (250') feet shall be retained for Qwest Communications. Qwest Communications shall provide a legal description and exhibit for the area to be retained for its easement. 3. A public water easement shall be retained for the installation, construction and maintenance of the water facilities within the portion of Artesiano Road alignment for abandonment /exchange. 4. Any ground disturbing activities that occur within the abandonment boundaries shall be assessed by an archaeological consultant. A site - specific plan for AZ AA: 12:321 (ASM) will need to be developed for any effects to untested parts of the site. This plan shall take into consideration the site management recommendations made by Old Pueblo Archaeology Center (OPAC) in its various reports. 5. All previously noted easements shall be executed and legally recorded prior to the recordation of the Quit -claim deeds with the Pima County Recorder's Office granting the portion of Artesiano Road public rights -of -way, legally described in Exhibits "B" and "D" and shown on Exhibits "C" and "E ", to Stewart Title and Trust, Trust No. 1943 from the Town of Marana. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 4 th day of February, 2003. Mayor BOBBY SUTTON, JR. ATTEST: Jocelyn C. Entz Town Clerk APPROVED AS TO FORM: Daniel J. Hochuh As Town Attorney and not personally Page 2 of 2 Marana, Arizona Resolution No. 2003 -16 EXHIBIT ■ i MARANA Manage ent 14j:; t r OQ Pmpos.a PWOW of Af slew Rd. - - V bD be Abwxkr4ed In for tea. _ .Way 11267 Page 1864 QUIK -MART S MiC and Dodwt 11287 Pop IM. S k MFR eF 221210060 Qa RQ STEWART TITLE & TRUST TR 1 22121004B 22121006E " N it a E STEVYART TITLE & TRUST TR 1 { ! STEWART TITLE & TRUST TR 1 i 1 F f ;•� I Artesiano Road Abandonment/Exchange RWA0211 -001 Town Limits N centerline n/a xoad included w E road outside Parcels S 12/03/02 EXHIBIT • LEGAL DESCRIPTION PORTION OF ARTESIANO ROAD, TO BE ABANDONED, ADJACENT TO PIMA COUNTY, AZ. TAX PARCEL NO. 221-21-004B ALL THAT PORTION OF THE EASTERLY RIGHT -OF -WAY OF ARTESIANO ROAD IN THE NORTH HALF OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 12 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA ESTABLISHED BY ROAD PROCEEDING NO. 274 AND RECORDED IN BOOK 3 OF ROAD MAPS PAGE 58 RECORDS OF PIMA COUNTY, ARIZONA, ADJACENT TO PIMA COUNTY, ARIZONA TAX PARCEL NO. 221- 21 -004B, BOUNDED ON THE NORTH BY THE SOUTHERLY RIGHT -OF -WAY LINE OF SILVERBELL ROAD DESCRIBED IN DOCKET 9496 PAGE 562 RECORDS OF PIMA COUNTY, ARIZONA, AND BOUNDED ON THE SOUTH BY THAT PARCEL DESCRIBED IN DOCKET 11445 PAGE 1508 RECORDS OF PIMA COUNTY, ARIZONA. 4/ O 22759 • , J- LEONARD s, , 4 d Ojk+v t J. NARD FONTES . R.L.S. • S:VOBS\ 3592\ARTESIANO \LEGALS\#221- 21 -004B.doe LEGAL LOG 735 Page I of 1 E XH IBIT PORTION OF ARTESIANO ROAD ADJACENT TO TAX PARCEL #221 -21 -0048 IN THE NORTH HALF OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 12 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA NORTH ,Q. SCALE: 1 " =100' AREA TO BE ABANDONED /Z v sk MFR D!? 6 pgGF 'jo ss c O C a 0a Z1 a N ; :9 TAX PARCEL z , I C13 #221 -21 -0048 DKT. 11237 PG. 1351 —i 30 30.00' m r p TAX PARCEL X01 #221 -21 -118 DKT. 11445 PG. 1508 LAND SGT` y F W 22759 J. LEONARD o PONTES J . �'��� !• � TETRA TECH, INC. bwsrmom S wwA sT G w 33 M S&^ Ism ate. Tu=&L K 85701 rMj 623.7M DATE DEC. '02 JOB NO. 3592 EXHIBIT D • LEGAL DESCRIPTION PORTION OF ARTESIANO ROAD, TO BE ABANDONED, ADJACENT TO PIMA COUNTY, AZ. TAX PARCEL NO. 221-21-006H ALL THAT PORTION OF THE WESTERLY RIGHT -OF -WAY OF ARTESIANO ROAD IN THE NORTH HALF OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 12 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA ESTABLISHED BY ROAD PROCEEDING NO. 274 AND RECORDED IN BOOK 3 OF ROAD MAPS PAGE 58 RECORDS OF PIMA COUNTY, ARIZONA, ADJACENT TO PIMA COUNTY, ARIZONA TAX PARCEL NO. 221- 21 -006H, BOUNDED ON THE NORTH BY THE SOUTHERLY RIGHT -OF -WAY LINE OF SILVERBELL ROAD DESCRIBED IN DOCKET 9496 PAGE 562 RECORDS OF PIMA COUNTY, ARIZONA, AND BOUNDED ON THE SOUTH BY THAT PARCEL DESCRIBED IN DOCKET 11445 PAGE 1508 RECORDS OF PIMA COUNTY, ARIZONA. p Lkff lam. • 227 59 I LEONARD c iQh7 ES A. d � d Q�EL 0 U S•� J. LEONARD FONTl% JR. R.L.S. • S:UOBS\ 3592 \ARTESIANO \LEGALSW221- 21 -006H.doc LEGAL LOG 736 Page 1 of I EXHIBIT E PORTION OF ARTESIANO ROAD ADJACENT TO TAX PARCEL 0221- 21 -006H IN THE NORTH HALF OF SECTION 28, TOWNSHIP 12 SOUTH, RANGE 12 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA NORTH I O' SCALE: 1 " =100' ® AREA TO BE ABANDONED co uj /Z Z \� Q \ V O S /LV � O a g a oa Z Q N N TAX PARCEL m N #221 -21 -0048 Z �- � m DKT. 11237 PG. 1351 � v � 30.00' m r p TAX PARCEL -° #221 -21 -118 DKT. 11445 PG. 1508 LAND w 22759 J. LEONARD o PONTES J . '�. � TETRA TECH, INC. � S wwww G Hour � V 33 K -%M 151* Rw AmSM AZ 85701 (520) 623 -7980 CAN DEC. '02 JW N0. 3592 TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: February4,2003 AGENDA ITEM: IX. A. 2 TO: Mayor and Council FROM: Michael C. Hein, Town Manager SUBJECT: Discussion /Action: Disposition of Current Municipal Facility at 13251 N. Lon Adams Road DISCUSSION: Construction of the new municipal complex begins this year with anticipated completion and move- in by the end of 2004. Staff is recommending council approval of the re -use of the current municipal facility at 13251 North Lon Adams Road as a Senior Center facility. Re -use of the current municipal facility at 13251 North Lon Adams Road as a Senior Center facility would allow for the expansion of the current senior program to meet the needs of an increasing senior population in Marana. It would also allow staff to expand their recreational program at the existing community center to meet current and future needs of other populations and groups in Marana. Attached you will please find a copy of a letter from Karl Horvath, Chairman, Marana Senior Center Advisory Committee on behalf of this Committee also requesting the re -use of the current municipal facility at 13251 N. Lon Adams Road as a Senior Center facility. With council approval staff can evaluate the existing facility and then budget for necessary modifications in next year's Capital Improvements Program. RECOMMENDATION: Staff recommends that Council approval to re -use of the current municipal facility at 13251 North Lon Adams Road as a Senior Center facility once the new municipal complex is completed. SUGGESTED MOTION: I move that Council approve for the re -use of the current municipal facility at 13251 North Lon Adams Road as a Senior Center facility once the new municipal complex is completed. Council also directs Staff to take appropriate measures to evaluate and budget for necessary modifications to the current municipal facility at 13251 North Lon Adams Road as a Senior Center facility. ADMIN/MAR/01 /30/2003 December 26, 2002 Mayor Bobby Sutton, Jr. Marana Town Hall 13251 N. Lon Adams Road Marana, AZ 85653 Dear Mayor Sutton: On behalf of the Marana Senior Center Advisory Committee, I would like to express the Committee's interest in having the current Town Hall dedicated to the activities of seniors when the new municipal complex is completed. I am aware that several groups have approached the Council for similar purposes. Please know that we are extremely grateful to have the facilities we now have at the Community Center. As with all growing communities, our senior population is also growing, and we are finding that we need a larger space to conduct our programs. While we enjoy the proximity to the park and other amenities at or near the Community Center, we believe that youth groups might benefit more from this location where there is considerable outdoor equipment and playing fields that we - do not use. Very little in the way of improvements would have to be made to accommodate our seniors and meet ADA requirements at the current Town Hall. We respectfully request your consideration of our proposal. Sincerely, Karl Horvath, Chairman Marana Senior Center Advisory Committee 9 1 TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: February 4, 2003 AGENDA ITEM: IX. B. 1 TO: Mayor and Council FROM: Joel D. Shapiro, Planning Director SUBJECT: PUBLIC HEARING: 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: 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. This item was originally scheduled for consideration by the Council on January 21, 2003 and was continued at that time to this meeting. 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. The Arizona State Museum has researched their records and found that this parcel has not been examined by professional archaeologists. They recommend that the owner employ a qualified archaeologist to examine the parcel and prepare a written report using Standards for Conducting and Reporting Cultural Resource Surveys The property is located at the southwest corner of Flying Diamond and Camino de Oeste, in an area where two other parcels were recently rezoned to "R -144 ". In addition, all of the former Hartman Hills Specific Plan, just north and west of this property, was recently rezoned to "R -36" (Residential — 36,000 square feet minimum lot size). Adjacent property north, east, and south of the subject parcel is Pima County zoned as "Suburban Ranch ". The minimum lot area in SR zoning is comparable to Marana. 's R -144 zone. This re uest has been advertised and notice has been iven to ad'oinin roe owners ` within 300 feet. To date there has been no objection to the request. • Staff recommends approval of the rezoning subject to the followin g conditions: 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, requirement for public improvements. 2. The property owner shall dedicate the necessary right -of -way for 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. The Developer shall provide, to the Development Services Administrator's satisfaction the necessary off -site roadway improvements as deemed necessary by the Town's Development Services Administrator and Town Engineer to support the proposed development of the site. 4. 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 or lot split process, reflective of the thirty percent total site disturbance restriction. 5. The property owner shall not cause any lot split of any kind without written consent of the Town of Marana Planning and Zoning Commission, and an approved Minor Land Division application. 6. 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 experts and/or consult with appropriate federal and state agencies to determine any actions necessary to assure compliance with applicable laws and regulations. 7. Prior to submittal of a building permit application, the applicant shall provide written verification that the site has been annexed into the Northwest Fire/Rescue District. 8. Archaeological clearance from the Arizona State Museum will be required prior to issuance of a native plant permit, or any site disturbance. RECOMMENDATION: Planning Staff and the Marana Planning Commission recommend approval of Ordinance No. 2003.02, with the recommended conditions. SUGGESTED MOTION: I move to approve Ordinance No. 2003.02 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 owns approximately 9.56 acres of property, 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 has 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 February 4, 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 of Marana, Arizona, as follows: Section 1: The zoning on the property at the Southwest corner of Flying Diamond and Camino De Oeste, Assessor's 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 provides 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 Marana Ordinance No. 2003.02 - -Page 1 of 3 -- not limited to, requirements for public improvements. 2. The property owner shall dedicate the necessary right -of -way for Camino de Oeste, as delineated in the Town's 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. The Developer shall provide, to the Development Services Administrator's satisfaction the necessary off -site roadway improvements as deemed necessary by the Town's Development Services Administrator and Town Engineer to support the proposed development of the site. 4. 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 or lot split process, reflective of the thirty percent total site disturbance restriction. 5. The property owner shall not cause any lot split of any kind without written consent of the Town of Marana Planning and Zoning Commission, and an approved Minor Land Division application. 6. 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 ppropriate experts and /or consult with appropriate federal and state agencies to determine any actions necessary to assure compliance with applicable laws and regulations. 7. Prior to submittal of a building permit application, the applicant shall provide written verification that the site has been annexed into the Northwest Fire /Rescue District. 8. Archaeological clearance from the Arizona State Museum will be required prior to issuance of a native plant permit, or any site disturbance. 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. Marana Ordinance No. 2003.02 - -Page 2 of 3 -- PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 4th day of February, 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. 2003.02 - -Page 3 of 3 -- r 111 PCZ = 02 088 OCATION MAP �_ .. i �.� � ■ .111.111 !■ _� ■1�� .111..11\ �i� ■ ■. 1111 _111: iillll.� 1111 /�r'' ice■ � � X11■ N..IIi 111 r .�■ 11111 �� : • ,11.�� 1111 ■■N■■■■ 1 ■■= _ ► .� .�.� 11■■I.r.. _■■ 1.1.11.1 .■■■ ■■ ■■ �'■ ..1.1111 I■■ ■■ ®■ 11' Mills rw r - — ■�.�� ■■ ■ ■ ■�� 1111 �■■! ?� /' ■�.i■ r , i � aa pl. : nn ±nRrhiu�nc. p.aun .,.; WOMEN � 1�1i �� � t1 lnm = = --�-'.r ".; !•papas:,,= '�=:.. ♦ tii � I' � .IUIIU ' i ur'. ♦ +rMr� .� I u 11 hwnm0 it 111�� /,11 {Illii f I �„ruttr mntrtn grra O n nn,� ���� I -��q - oil It" i ii�l nuni' aur °Q ° : •� ����,�� �� S � ,. -iaa. �� �� 1tIR311 }� ..y► +lu � -� / I�i�� ������ � i a ia a sst - 1��� ���� • + ��� ►aZ'O �� �� � �/� � • aft {i a aa �) . �� E . i a. �� +ma +` W``� ��r i� +�� p ��' �_ � • �* aA1as,'' + �.., f -" �►s sass p ° o NptU t + .w�� �♦ ������������%� �- ___.... - -- s f � e � �A { ►1�.�� �t � •• �`p °• "w;aaaaa p �q�� �a0 � �. � ♦ it.� 1`r��1�1� /V� � _ yfXau *����. . ' *aa IutOnl � �►S`���•0y1pt C `,�.�•� ���� pr �� �iiai� �� Ynr „ua,lnit► ♦ ea,auum�� � ►�� p * �;.•�0::, i0�� %� ����j� ®♦ .i� n�_y..a�� „m,li i TOWN OF MARANA PLANNING DEPARTMENT 3696 West Orange Grove Road, Tucson AZ 85741 MARANA APPLICATION FOR REZONE . � TOWN OF MARINA Project Location: SW Corner of F l y i n g Diamond Rd. & Camino de Oeste Property Location Description: NE1 of t e SEt o t e SE excepting East o Road. Assessor's Parcel Number and Legal Description: tyi in sPc t i tin #12 To wn sh i p 12S Range 12 East, 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: - 9.5 A Applicants Interest: 0 Own ❑ Lease ❑ in Escrow ❑ Option to Buy Name of Appli cant: Will i ng Cheng/ Cheng Holdings Limited Partnership Applicant's Address: 567, North p -i Q Art -urQ, TdGRR -, Jura aena -85 18 Contact Person: I 1 1 i ng Chen Phone: 2a -RoRn • T 7 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: rm r r ; , Ip�s -tsrs - R ea l t y, 1 ne . rl s Address: 5100 N_ l r anaria nr i ra Suite 491 Tuccop , Arizona 2 5,7014 Contact Person: Douglas G_ Wright Phone: (59n) 993 -1j;2� President FAX: („5,20j 29; -16 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 OWNER -`OF THE PROPERTY OR THAT I HAVE BEEN AUTHORIZED IN WRITING BY THE OWN:ERJ E THIS APPLICATION AND CHECKLIST. i A P me of ApplicantlAgent Signature Date ou as G. Wright/ President / Commercial Investors Realty, Inc. FOR OFFICE USE ONLY Case Number. PCz- OoZp�g Receipt Number. 1."3 o� Date Filed: !kw q, a0oa Fee Submitted: Received By: W- • V►L6 IL 5 H:( PLANNINGIFORMSU )EVPKG%19991PCZAPP99.DOC Page 6 of 6 (Rev. 7120/99) SUPPLEMENTAL SHEET Exceptions to Code Requirements (Specific Plan District): Required Proposed Not APPI 1 cahl 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 #88-14 during summer of 193 At the time of the annexation, the Property enjoye zoning one home/144, se.-:. min. area The Protocol tor Annexation Agreements requires that e roper y should enjoy the same or better land use when annexea. Me IL zoning class only ai s one Type StF r ject c res . Residential ❑ Commercial ❑ Industrial ❑Other (explain) Project Location: SW Corner o f F l y i n g D Drive & Camino de Oes to Project Area: 416.414 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 ° io 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: NSA Number of Students /Children: N/A (If applicable) (When applicable) Building Coverage: N /A? % Landscaping: N % of the site H:\ PLANNINGIFORMSXD— cVPKG119991PCZAPP99.DOC Page 8 of 8 (Rev. 7/20/99) REZONING REQUEST IMPACT APPLICATION • Owner: Willing Cheng/ Partner/ Cheng Holdings Limited Partnershi Phone (Daytime): 520 297 -8080 Fax: Owner Address: ;671 N Placi to Artdre Tur via l Arizona 85738 Applicant (if other than owner): Same as Above ` Phone (Daytime): Fax: Applicant Address Address: Legal Description /Property: NF1 / ❑ o f th SE1 /14 of the 591/4 eKeepting eases �n far Road, Iying in Sect i_nn 91 1w. 19 S, Rni}19 East_, P 1 ma rniinty, Marana, A7 Assessor's Tax Number. 91 A-97 -n1 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 #88 -14. The land south of Lambert is still SR. Annexation requires same or bet zoninc_ u pon annexation. "C" zone allows one home per 25 acres. What is the proposed use of the property if the rezoning is obtained? Future Residential Development for up to three sing family homes. Acreage Of Proposed Zone(s) Present Zone Proposed Zone 9.56 + - Acres "C" R -144 This application is tru and correct o; h e y knowledge. I am the-aau;ef of the above described prop, or have eel horized by the owner to make this application. /a y Date Sign ure fApplicant 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: IPLANNINGIFORMS ID=VPKG\19991PCZAPP99.DOC Page 9 of 9 (Rev. 7/20199) 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): Willing Cheng, Partner, Cheng Holdings Limited Partnershi NAME OF FIRM (if any): Cheng Holdings Limited Partnership INTEREST IN PROPERTY: Owner SIGNATURE: Willing Cheng/ Partner A. General lnfo ation 1. Area of Probe y 416 , 434 sg . f t . sq. ft. 9.56+-Ac., -z 2. Existing Zoning: ''C" Zoned 3. Please state why the change of zoning should be approved: When this propert w =c. annexed into Marana from Pima County (via Ordinance #88 -14) , it ha S?, zoning. The Marana "C" zoning requires 25 +- acres per homesite whe reas SR requires 144,000 sq.ft. per homesite like the Marana R -14 design_: 4. LIST RELATED CASES CASE ' FILE NAME /PROCESS Ordinancef 2002.15 _fatal1na rrainG1t BSA,/ Bosque— Seheel 4t;T A Approved September 3, 2002 for R -144 - Ta Code216 -= - -3- Ordinance;' 2002.16 Shirley Foley, Sanford Evans, et.al. 20+ Ac. Approved Septmber 3rd, 2002 for R -144 -Tax Code216 -2- -O B. PrODOSed Land Use 1. Describe the proposed use of the property The land would be zoned to al low -e development of up to three homesites of 144 oo0 s .ft. minimum each. and south of Lambert Lane is in Pima County is zoned SR which allov:s one none per 144,000 sq. t. Marana's R -144 zoning is the same as Pima Ccun: oviaeo tne same setbacks areadopted by Marana as in Pima County. 2. State why this use is needed. The "C" Inning is wily res_tr1Lt iaJe e^^ dac n := conform to the former SR zoning this prr)pPrty PnjnVP-d in Pimp r.,,'A' + 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: Single fermi ] V res i derlc 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 H:\PLANNINGU=ORMS\DEVPKG119991P CZAPP99.DOC Page 10 of 10 (Rev. 7120/99) size in acres will each lot be? She size of the Parcel c).;6+- acres nl ,s 2,0D ISF of an adioinina stria of land owner is acquiring, would allow thre hor.,a_;te. of at least 144,000 sg.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. rte, =r ing niamnnd Re- er Off of ramiIAQ rie 4este 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 - - 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)? N/A 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: N/A H: \PLANNING\FORMSIDEVPKG 11999\PCZAPP99.DOC Page 11 of 11 (Rev. 7120199) 10. If the proposed development is an industrial project, state the industrial waste-s that will be produced and how they will be disposed. (Discuss the means of disposal with the Pima County Wastewater Management Department at 74 -- 6500 and the Department of Environmental Quality at 740 - 3340): C. Site Conditions - Existing and Proposed 1. Are there existing uses on the site? YES (Circle one) a. If ves, describe the use, stating the number an type of dwelling un :s. businesses, etc.: b. If no, is the property undisturbed, or are there areas that have been oraded? Undisturbed vacant land 2. If the proposed rezoning is approved, will the existing use be removed, altered, or remain as is? Lt is intended to use the property for thre hom— i * es like it was formerly zoned in Pima County before it was annexed into ".a -=. durina the summer of 1988. 3. Are there any existing utility easements on the subject property? �0 NO (Circle one). If yes, state their type and width, and show their location on the sketch Dian or preliminary development plan: p s s i h l y 1711 of Ti it con Water TR I ';;1 Electric. OWEST (telephone). See Title Report There is no approve y Development Plan at the present time. 4. Describe the overall topography of the subject property, and note whether a-v slopes of greater than 15% are present on the property. Note any rock outcropping or unusual landforms or features: Gently s l o p i n g native desert fro- NE to the SW, no unusual rock outcroppings or forma no nil s ides of greater than 15 slope. 5. Note any areas of heavy vegetation on the sketch plan or preliminary development plan: Pr -ar-y Deve l epme_ t Pl an has been _ _ t HAPLANNINGX ORMSIDEVPKGl1999\PCZAPP99.DOC Page 12 of 12 (Rev. 7120/99) R _ 6. Are there any natural drainageways (washes) on the subject property? OYES 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 sp ti -tem or public sewer be used for the proposed development? SEPTI SEWER If septic Is to be used, state whether one currently exists on the property and, r 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.): ant! anz . Copti_r SVCtomc are Al lnwer in Pima CL1unt�t op ints larger thaa--oz"- - acre . 10. How will water be supplied to the property? C i ty of Tucson Water i s del i ve red t- t he property along Flying Diamond Road 11. Is the available supply adequate for the proposed development? Y1=S NO NOT SURE D_ Surroundina 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 East an rcaly r)nniilatPd land to Past West One home on large acreage to west H:\ PLANNING \FORMSIDEVPKG \1999\PCZAPP99.DOC Page 13 of 13 (Rev. 7120/99) TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: February 4, 2003 AGENDA ITEM: IX. B. 2 TO: Mayor and Council FROM: Joel D. Shapiro, Planning Director SUBJECT: Resolution No. 2003 -17: Twin Peaks Hi hland Preliminary Plat: A request to construct a 114 -unit single - family subdivision on 29.78 acres in a portion of the Pima Farms North Specific Plan. The project is located south of Silverbell Road, adjacent to the Twin Peaks Manufactured Home subdivision in a portion of Section 20, Township 12 South, Range 12 East. DISCUSSION: This item was heard by the Town of Marana Planning Commission at their regular meeting of January 22, 2003, and they unanimously recommended approval to Town Council This application is a Preliminary Plat for a 114 -unit single - family subdivision on 29.78 acres within the Pima Farms North Subdivision, located west of Silverbell Road between Twin Peaks Road and Coachline Boulevard. The access for the site is on Silverbell Road. There are two interior loop roads that provide access to the lots. The site is bordered on three sides by major drainageways. The drainageways on the west and east sides of the subdivision incorporate a public trail easement, and are to be revegetated in areas of disturbance. El Paso Natural Gas has replaced the entire section of pipeline through the project with new pipe, having an increased wall thickness due to the proximity to residences. They have also lowered the entire pipeline to a depth of approximately 5 feet in compliance with Federal and State regulations governing high- pressure natural gas pipelines. A plat note will be required on the final plat which will inform potential buyers of the proximity to the El Paso Natural Gas Line. The existing land use designation is MDR (Medium Density Residential) per the Pima Farms North Specific Plan which allows up to 15 RAC. The developer is proposing a density of 3.8 RAC which corresponds to a typical lot size of 6,000 square feet. Total miles of public streets are 0.82 miles. Maximum building height will be 24' or two- stories; however, the developer has voluntarily limited the location of the two -story homes. There will be no two -story homes along Silverbell Road, and no two -story homes on corner lots within the development. Staff has reviewed the request against the requirements of the underlying specific plan. All Medium Density Residential development regulations are adhered to with this preliminary plat. Staff recommends the following conditions: Recommended Conditions • 1. Increase the trail P ublic easement within the washes to 10 feet in width and show on the final plat. 2. Prior to submittal of a Final Plat a recreational plan demonstrating how the basin is to be used for recreation shall be submitted. 3. Prior to any site disturbance a mitigation and monitoring program shall be approved by the Arizona State Museum. 4. Add a plat note identifying the "vegetation protection" areas at the rear of lots 24 - 48, and the restrictions on the use of the land. These areas should also be described in the CC &R's. 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 experts and/or consult with appropriate federal and state agencies to determine any actions necessary to assure compliance with applicable laws and regulations. 6. Show erosion mitigation on the wash bank at the rear of lots 25 38. 7. Revise the frontage on lots 23, 24, and 50 to provide the required 30 -foot frontages. RECOMMENDATION: Planning Staff and the Planning Commission recommend approval of Twin Peaks Highland preliminary plat with the recommended conditions. SUGGESTED MOTION: I move to approve Resolution No. 2003 -17. • MARANA RESOLUTION NO. 2003-17 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING THE PRELIMINARY PLAT FOR PRV- 02079, TWIN PEAKS HIGHLAND, SUBMITTED BY D. R. HORTON FOR A 114 -LOT SINGLE FAMILY DETACHED HOME SUBDIVISION ON 29.78 ACRES LOCATED WITHIN THE PIMA FARMS NORTH SPECIFIC PLAN, LOCATED WEST OF SILVERBELL ROAD, BETWEEN TWIN PEAKS ROAD AND COACHLINE BOULEVARD, IN A PORTION OF SECTION 20, TOWNSHIP 12 SOUTH, RANGE 12 EAST. WHEREAS, the Preliminary Plat was heard by the Marana Planning and Zoning Commission January 22, 2003, and was forwarded with a recommendation of approval with recommended conditions; and WHEREAS, D.R. Horton is the owner of 29.78 acres within the Pima Farms North Specific Plan, generally located in a portion of Section 28, Township 12 South, Range 12 East, . and has applied for approval of a Preliminary Plat for 114 lots on 29.78 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, February 4, 2003 and has determined that the Preliminary Plat for PRV -02079 Twin Peaks Highland should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Preliminary Plat, submitted by D. R. Horton for a 114 -lot single family detached home subdivision on 29.78 acres located west of Silverbell Road, between Twin Peaks Road and Coachline Boulevard be approved with the following conditions. Recommended Conditions 1. Increase the trail public easement within the washes to 10 feet in width and show on the final plat. 2. Prior to submittal of a Final Plat a recreational plan demonstrating how the basin is to be used for recreation shall be submitted. 3. Prior to any site disturbance a mitigation and monitoring program shall be approved by the Arizona State Museum. 4. Add a plat note identifying the "vegetation protection" areas at the rear of lots 24 — 48, and the restrictions on the use of the land. These areas should also be shown in the • CC &R's. 5. No approval, permit, or authorization of the Town of Marana authorizes the applicant Marana Resolution No. 2003 -17 Page 1 of 2 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 experts and/or consult with appropriate federal and state agencies to determine any actions necessary to assure compliance with applicable laws and regulations. 6. Show erosion mitigation at the rear of lots 25 - 38. 7. Revise the frontage on lots 23, 24, and 50 to provide the required 30 -foot frontages. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 4th day of February, 2003. ATTEST: Mayor BOBBY SUTTON JR. Jocelyn C. Entz Town Clerk M APPROVED AS TO FORM: Daniel J. Hochuh As Town Attorney and not personally Marano Resolution No. 2003 -17 Page 2 of 2 1 TOWN OF MARANA . �._. x MAR NA Planning and Zoning Department 3696 W. Orange Grove Road + Tucson, AZ 85741 .��•• (520) 297 -2920 Fax: (520) 297 -3930 PLANNING & ZONING APPLICATION 1. TYPE OF APPLICATION (Check One) 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 2. GENERAL DATA RE UIRED Assessor's Parcel Number(s) General Plan Designation 2 o2- o Z/ 7 To be confirmed by sta Gross Area (Acre /Sq. Ft.) �7 Current Zoning 2 . 18 AG . (To be confirmed by staff) to , D E A . 5 Development/Project Name � , / _ S l• ' Proposed Zoning Project Location K � / er�i »• S E 9 e r_ 20 � - 6 ,r Z S Z 6 6 C 1 S P? • M•+ - Description of Project (1 .,[ / p L V e fe w= aT x -01 S t' '" / / � co-m et em /t l�� O Property Owner ar o17 / Street Address $2 55 g/i f / i4_.,,s Ci/��l a �, /03� City State Zip Code Phone Number Fax Number E -Mail Address r b �.•+•s 'Tu�s�ti Ss ?! �s)79a'600s (sz6 a -6sr e eu.c.v... Contact Person Phone Number 9 o' 6 Applicant 1� r Street Address City State Zip Code Phone Number Fax Number E -Mail Address vGS A $ 1 7!b'ls 790'6556 Contact Person Number o.n VJ I l 1& 1 0 ' 6 ad s Agent/Representative �n co Street Address R;vc*- S t e-, Sao City State Zip Code Phone Number Fax Number E -Mail Address 9571 5Z6 Z - 87Go SZa Zy I - 8777 r Lyajif enlreo Contact Per on Town of Marana 9 n W. 6 p,' Q Business License No. pR � 3. AUTHORIZATION OF PROPERTY OWNER I, the undersigned, certify that all of the facts set forth in this application are true to the best of my knowledge and that I am either the owner of the property or that I have been authorized in writing by the owner to file this application and checklist. (If not owner of record, attach written authorization from the owner.) �b V Print Name of A li ant/A ge nt Si afore Date T FOR OFFICE U SE ONLY Case No. - 0oU! Date Received Ito 10 Receipt No. II CRW No. - Received By Fee Amount .99- 08.26/02 SUPPLEMENTAL SHEET Type of Project: ZResidential FI Commercial R Industrial E] Other (explain) / .( Project Location: po-r��aY. �� �¢ Sec 2o,'T R IZ - C G fSRw t j"'4Ced -�` I Project Area: t F 2-q 7 2 t'7 sq. ft. 2 9 . 7 $ acres RESIDENTIAL Number Density 1 BR 2 BR 3+ BR Apartments units RAC Single Family Attached /14 units 3 RAC Other units RAC Parking: Total on -site: 3 4 2 Ratio: 3 ( per unit. Garage: 228 Carport: Open: N+ 4 Open Space: 28ba 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: sq.ft. 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. HA PLANNINGTORMSIDEVPM1999 \PPRAPP99.DOC Page 6 of 7(Rev. 317/00) MWOMWANA c Pe LOCATION MAP 1, 1. /r ��� i. 1111 •111111111 \ � ►11111► � � � - 11111 11111 111111 Gnw mnnunll �► r= ann un 1i �1■� IIIIIIIIIIIIIII' _ \11111111/1 ,Ilinun yVp1►�' � �� 1111111111111110 - 0 1111111111 ►� \� �� . � . •111► Q ►��11►unm .= eou : nnn� nnn ►1 7 _ tlillilllll ►�����0����, \� ► - a � 1 ►1 pIn11 unuuli.. /mph �p�� nu mnm► ► ► ♦ O gllnl� (nm Imq _I��O`�� \``\♦� \ IIIIIIOIIUO► II = rv ` c nq ammunl! - amm��p``♦O \ ► .` mu�ur,� �1► lumen .. . - rrnulnol• �o. a ��i u `9` .► d uun. ►11 p W ► • jl uuuu - 1 C CC .0 p ❑ -- J ® r r °wur ►IO "�4�► � , � .I�� Grant mu= •- �' . 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' ' '�� � �.� � � // ,P�� Q�`i 1�,, � � � � / h h + g d. 87 ¢ Lo ! 1 �� / 1 ! `, Sg , l �p \�\ / / ,,7 P cf' ' c ui CL r�-wao / / / h 0 � � � rs J y � ..�, / /�� / //, pia •...', � �� `\ � w i- U m - 7 Uj 0 � ti # / ��' rs ls •t,+ � �� �'' 004 J ell V x,9 0 h - 0 0 ' . - Y // c r I . I s• l (�, L• I r � l / sa H 1 r rs L qj • � 111 / '^' � �/ ' \/ 1 / ! _.. loo-y - - o '\ ` \/ $ / \ b' ' I I DOL �'!' II t ( y•.._..,�� \ !/\ / p .'+,�� � I � f � ✓ Z. / h!•,�°I �•vb� �� \ S\ I ' 1 v" I ~111 \\ // ti h 8 gE �oR � TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: February 4, 2003 AGENDA ITEM: IX. B. 3 TO Mayor and Council FROM: Michael C. Hein, Town Manager SUBJECT: State Legislative Issues — Discussion/Direction /Action regarding all pending bills before the Legislature DISCUSSION: This item is scheduled for each regular Council Meeting in order to provide an opportunity to discuss any legislative item that might arise during the current session of the State Legislature. Attached is the most recent communication from the League of Arizona Cities and Towns, dated January 24, 2003. RECOMMENDATION: Upon the request of Council, staff will be pleased to provide recommendations on specific legislative issues. SUGGESTED MOTION: None required. i ADMIN /JCE /01 /30/2003 1 LEGISLATIVE BULLETIN +" Issue No. 2 January 24, 2003 IN THIS ISSUE More Than 600 Gather to Recognize Value of City Services More Than 600 Gather to at Annual Cities and Towns Day. Recognize Value of City Services at Annual Cities at Capitol and Towns Day at Capitol ... 1 January 23, 2003 - Mayors, City and Town Managers, Councilmembers and key staff from municipalities throughout Arizona traveled to the State Tax Incentives Bill Capitol to meet with Governor Janet Napolitano and their respective legis- Debated ................ 2 lators to stress the importance of municipal services and state shared rev - enue at the League of Arizona Cities and Towns' annual Cities and Towns Day at the Capitol. Preparing for the League Bulletin .......... 2 The more than 150 municipal leaders began the annual event with an address from Governor Napolitano, who last week introduced her 2003 budget plan which did not include a cut to state shared revenue used to Preemptive Sign Regulation fund local services. Bill Blocked .. ..... .. 2 "We are truly grateful to Governor Napolitano for recognizing that we too are experiencing unprecedented budget struggles," said Elaine M. Scruggs, House Municipalities Mayor of the City of Glendale and President of the League of Arizona Committee Hears League Cities and Towns. "We understand the difficult budget situation that the Legislative Agenda ....... 3 state is in right now. We are dealing with the same economy in our cities and towns, and are making extremely challenging budget decisions that Cities and Towns Day at the affect the lives of our residents, our neighborhoods and our employees." _ Captol Photos ............ 3 The system of urban revenue sharing used to fund local services was developed 30 years ago by a series of voter passed initiatives. The people of the state of Arizona decided that a portion of their state taxes would be returned to their community to fund city services. This year, for the first League of Ari zona time since urban revenue sharing began, cities and towns will experience a a severe decline due to lower than anticipated sales tax collections -a $70 C ities INDTowns million hit. So far, the Legislature has been understanding of local gov- ernments' budget woes. - Legislative Bulletin is published by the League of Arizona Cities and Towns. Forward your comments or suggestions to: "We are all going through budget difficulties and have to work together," League of Arizona Cities and Towns said Senate President Ken Bennett. "Shifting the state's burden to cities 1820 W. Washington Street and towns is not fair. Speaker of the House Jake Flake said that munici- Phoenix, Arizona 85007 palities and the state are partners in getting through these tough econom- Phone 602 -2 58 -5786 is times and added, "Cities and towns and the State have to work together il:I E-m ail: Ieag hand in hand to solve our local and state budget woes." - E-mail: gstate.az us m Internet: ww%%� azleague.org CONTINUED ON PAGE 2 Issue No. 2 January 24, 2003 Page 2 ` N i a I 14 M� More than 250 local elected and appointed officials and staff gathered on the Senate Lawn to listen to legislative leader- ship including Senate President Ken Bennett, Speaker of the Preparing _ L ea g ue House Jake Flake, Senators Jack A. Brown and Jay Tibshraeny Bu and Representatives John A. Loredo and John B. Nelson share their views on the importance of local government in Arizona. In an effort to trim costs and get important Legislative information to you in a more timely manner, we are ask- Vital city and town service vehicles from nearly a dozen , . reci � c receivin the weekly municipalities around the state lined 17th Avenue adja- Legislative Bulletin and New Bills documents via email. cent to the Capitol and offered legislators a hands -on opportunity to learn more about the police, fire and EMS If you would like to receive the information electronical- services that protect Arizona communities 24 hours a pl . quick ` day, seven days a week. requ • b smor on the Bulletin email list. The do cuments will be in a Tax Incentives Bill Debated - - with Adobe Re Acrobat Senator Jack Harper also introduced a bill to effectively prohibit tax incentives by a city or town to retail estab- lishments for locating or relocating within the city or town. Rather than an outright prohibition, the bill called preemptive Sign Regu for a reduction in state shared revenues in the same gill Blocked amount as the incentive. Freshman Senator Jack Harper introduced legislation, S The bill was heard this Wednesday before the Senate 1012, that would have significantly limited the ability of - Commerce Committee and held at the request of the local governments to regulate signs and even building sponsor following testimony and extensive discussion by designs in certain circumstances. The bill was consid- the Committee. Senator Harper indicated that his intent ered in the Senate Government Committee on Tuesday. in sponsoring the bill was to discourage cities competing Senator Harper requested to hold the bill when it became with one another for the location of a retail establish- clear after hearing testimony that he had no support ment. The bill did much more than that by penalizing a from the Committee members. This could not have been city from offering an incentive for infill or redevelop made any clearer than when Senator Toni Hellon ment reasons or in other similar cases. remarked that she did not care to hear further details on the bill or any of its proposed amendments as she was Committee discussion ranged from one senator ques- not going to support it in any form as it was a preemp- tioning whether the bill did not require a Prop 108 clause tion of a local government issue. and therefore a 2/3 vote from another asking the Senator if he had heard of local control. To that final question he As no formal vote was taken, the bill would have to be remarked that Alocal control@ is lust an overused cliche. reconsidered and passed by the Government Committee in order to progress any further. After Tuesday's meet - This effort should not be dismissed, however, since sev- ing, the likelihood of this happening is slim to none, eral Committee members chastised cities for fighting heavily leaning towards none. among themselves and said that if the squabbles contin- ue that some sort of legislative intervention might W e necessary. _ Legislative Bidietin is published by The League of Arizona Cities and Towns, 1820 W. Washington Street, Phoenix, AZ 85007. Phone: (602)_5S -5786. Fax (602) 253 -3874. Email: league @mg.state.az.us. Visit us on the Internet at www.azleague.org. Y + _ Issue No. 2 January 24, 2003 Poge 3 f House Municipalities *Committee Hears League Legislative Agenda Representative John Nelson, Chairman of the House utilities and Municipalities Committee and former Phoenix Councilman, invited League staff to make a presentation on the League's legislative agenda for upcoming year to the Committee. As expected, the focus of the presentation v, as on state shared revenue and its importance to local budgets. The Committee was briefed on the history of state shared revenue as well as the current budget challenges that cities and towns are currently undergoing, Members of the committee, which has oversight over the vast majority of bills impacting municipalities, consists of Representatives John Nelson, Lucy Mason, Ray Barnes, Andy Biggs, Randy Graf, Clancy Jayne, Manuel Alvarez, Meg Burton Cahill and Vic Soltero. ' f ,. ;: -- 1 To _ League ,,r :k,;_,,,,a Dav a i 1 Ciues To�� n i i It , i - aotic of Ari_ona AN wp _- _ irk Legislative Bulletin is published by The League of Arizona Cities and Towns, 1820 W Washington Street, Phoenix, AZ 85007. Phone: (602) 258 -5786. Fax (602) 253 -3874. Email: IeagueC'mg.state.az.us. Visit us on the Internet at www.azleague.org. r •1 LEGISLATIVE 13ULLETIN ` 10 '00 ,. t. .� •, � � .; W� .cn }` ,� KT .Y.•./'.r � %t.� ,� ' Fes) � e , , , � • � y -yi?s 1 }. � � -, e s � " 'S' .• 3 +! -� P V.��Ur��4 _ - Legisl ative Bulletin is published • of • and Towns 1820 W Washington Phoenix 11 Phone: (602) 238-5786. Fax (602) 253-3874. Email: lea-ue@m-.state.az.us. Visit us on the Internet at www.azlea-ue.or,-. r LEGISLATIVE BULLETIN Issue No. 2 January 24 2003 IN THIS ISSUE More Than 600 Gather to Recognize Value of Cif Services More Than 600 Gather to at Annual Citi a n d T*wns Day. Recognize Valve of City Services at Annual Cities at C and Towns Day at Capitol . 1 January 23, 2003 - Mayors, City and Town Managers, Councilmembers and key staff from municipalities throughout Arizona traveled to the State; Tax Incentives Bill Capitol to meet with Governor Janet Napolitano and their- Live legis- Debated ................ 2 lators to stress the importance of municipal services and stateshared rev- enue at the League of Arizona Cities and Towns` annual Cities and Towns Day at the Capitol. Preparing for the League Bulletin .......... 2 The more than 150 municipal leaders began the annual event with an address from Governor Napolitano, who lastmeek introduced her 2003 budget plan which did not include a cut to state shared revue used to Preemptive Sign Regulation fund local services. Bill Blocked ...... 2 "We are truly grateful to Governor Napolitano for recognizing that we too are experiencing unprecedented budget struggles, said Elaine M: Scruggs, House Municipalities Mayor of the City of Glendale and President of the League of Arizona Committee Hears League Cities and Towns. "We understand the difficult budget situation that the Legislative Agenda . 3 state is in right now. We are dealing with the same econonny in our cities and towns, and are making extremely challenging budget decisions that affect the lives of our residents, our neighborhoods and our employees." _ Cities and Towns Day at the Captol Photos ...... 3 The system of urban revenue sharing used to fund local services was developed 30 years ago by a series of voter passed initiatives. The people of the state of Arizona decided that a portion of their state fixes would be League of Arizona returned to their community to fund city services. This year, for the first g time since urban revenue sharing began, cities and towns will experience �� 13 1_%000%00_ - a severe decline due to lower than anticipated sales tax collections•a $70 C ities ,,.Towns m illion hit. So far, the Leg is lature has been understanding of local gov ernments' budget woes, Legislative Bulletin is published by the League of.Arizona „ Cities and Towns. Forward your comments or suggestions to: We are 111 go ing through budget d and have to work together, " said Senate President Ken Bennett. "Shifting the state's. burden to cities League of Arizona Cities and Towns 1820 w Washington street and towns is not fair. rr Speaker of the House Jake Flake said that muniki- Phoenix ,Arizona 1100, palities and the - state are partners in getting through these tough' econom phone: 602 - 258 -5786 is times and added, "Cities and towns and the State have to work together 253 - Fax :602- 3874 Fax:60 -253- C8mg.state.az.ns hand in hand to solve our local and state budget woes. " Internet: www.azleague.org CONTINUED ON PAGE 2 ` + Issue-No. 2 Jonmy 24, 2003 3 i House. Municipalities CoMMM e+ Hears. League s L egis ' 1.iya AM�j►��� � ' l _!' s ���� fi. + 7 ��...� ' .{ Representative Johif els - On, Chairman of .the House Utilities and , Municipalities Committee and former Phoenix Councilman, invited League staff to make a presentation on the League's legislative agenda for the upcoming year to the Committee. As expected, the focus of the presentation was on state shared revenue and its importance to local budgets. The Committee was briefed on the history of state shared revenue as well as the current budget challenges that cities and towns are currently undergoing. .. Members of the committee, which has oversight over the vast maj ©city of bills impacting municipalities, consists of Representatives John Nelson, Lucy Mason, Ray Barnes, Andy Biggs, Randy Graf, Clancy Jayne, Manuel Alvarez, Meg Burton Cahill and Vic Soltero. .sue. i j 1 Towns Day at the Capitol i Thursday, January 23 10:30 ani - 1 - 00 pm I t TV '- "' League of Art_ona a Legislative Bulletin is published by The League of Arizona cities and Towns, 1820 W. Washington Street, Phoenix, AZ MOOZ Phone: (602) 258 -5786. Fax (602) 253 -3874. Email: league @mg.state.az.us. Visit us on the Internet at wwwaaleague.otg N CQ wy y • alea. w MIO ® i �® Q ''�► ` O • o O It ® , O C/) p O i ��a ►O +` I O ly ,,, © w Z U © © © I W r V (pMI N M N V I NNNRJ �C I D W u's "' o o MAP ASSESSO (U I I -� I c7o R e W 12 w x`oor C11 r y � aw • w� :its Q�4 � h aen�. O N 0 ®� I O ow • z '; © p Q p D IL y O Q vJ I O v In I'0 r r NNNN _f I ' cn "� J o o ASSESSORVS MAP N - I t a PM AIR January 28, 2003' Frank P. Mendola Environmental Manager 426 North 44th Street, Suite 250 Phoenix, AZ., 85008 Steve Knudsen Manager, Aggregates Operations - Arizona One Gateway 426 North 44th Street, Suite 250 Phoenix, AZ., 85008 RE: Notice of Violation Dear Mr. Mendola & Mr. Knudsen: This letter shall serve as the Town of Marana's Notice of Violation to Cemex regarding your plant located at the southwest corner of Tangerine Road and Interstate 10, in Marana, Arizona. I understand this site is currently being used for a resource extraction (mining) operation, including operation of a hot plant (asphalt), batch plant (cement) and ancillary operations (office, sales, etc.). While a full inspection of the facility has not been completed, at this time various violations exist which must be corrected immediately in order to avoid service of a Cease and Desist Order from the Town. Operation of this plant is currently not in conformance with the Cai -Mat Specific Plan (Adopted by Ordinance No. 87.17 on September 15` 1987, Amended by Ordinance No. 96.49 on December 17 "', 1996 for the reasons discussed below. i. Page III -4, Development Plan Concept. Operations. No Development Plan has been submitted for the development (operation) of the site. 2. Development Phasing No developer petition has been submitted for administrative review to change phasing plan. Current activity appears to be taking place in Area A, B, D, G and P of the Resource Extraction Sequence Exhibit. 3. Land Use Current Resource Extraction activities have taken place in an area with a land use designation of Agriculture. Specifically, benning is being installed along the Frontage Road without a permit and in an area NOT designated for Resource Extraction (designated: Agricultural). 4. Open Space/Buffers No development plan has been submitted to identify the requirements of the open space/buffer. No landscape plans or landscaping has been provided in conformance with the open space/buffer plan (exhibit III -18) and no reclamation plan has been submitted, so it is unknown if and what type of reclamation is taking or will take place. Hochuli & Benavidez, P.C., Town Attorney 220 E. Wetmore Rd., Suite 110, Tucson, AZ 85705 -1748 Phone: (520) 623 -1461 Fax: (520) 293 -2793 lawfirm @hochuli.com 13251 N. LON ADAMS ROAD = MARA A, Aq'ZONIA 85-553 sm PHONE: (5'6) 682 -3401 No FAX: 682 -2654 Frank P. Mendola RE: Violations Paae 2 January 28, 2003 5. Hydrology No drainage reports have been submitted for Town review. 6. Excavation Depths /Grading No grading criteria have been established, no grading plans have been submitted, and no guidelines have been established. 7. Landscape No comprehensive landscape program has been developed. No installation of any landscaping has taken place. In addition Marana Ordinance No. 96 -49 requires the installation of vegetation buffers and landscaping, seven years for the revised land use layout, and a 200 -foot buffer between the project and Rillito on the eastern side. 8. Paee N -1, Site Development Regulations, B.1 All construction and development within the Specific Plan area shall comply with the applicable provisions and ordinances adopted by the Town. This section requires full compliance with Article 9 -10 -1 of the Marana Town Code relating to surface mining regulation. 9. Page V -1 Specific Plan Implementation. Purpose and Intent; the basic procedures specified for processing projects are 1) site plan review procedures..., and 2) tentative parcel or tract maps for the processing of any project requiring the creation of lots. No Development Plans or Plats, or required materials (items a through j of the review procedures), have been submitted for any of the activities on the site. This Notice of Violation is to place you upon notice that your operation must cease immediately until Cemex is in full compliance with all Town laws and regulations including but not limited to Resolution No. 2002 -87. If this action is not taken, the Town will proceed with the necessary actions to cease operations until your firm is in full compliance. If you have any questions about this matter please feel free to call me, Mike Reuwsaat or Jim Degrood. Sincerely. —� Daniel J. Hochuli Town Attorney's Office DJH/hs cc: Mayor & Council Mike Hein Mike Reuwsaat Jim DeGrood Kevin Kish Hochuli & Benavidez, P.C., Town Attorney -20 E. Wetmore Rd., Suite 110, Tucson, AZ 85705 -1748 Phone: (520) 623 -1461 Fax: (520) 293 -2793 lawfirm@hochuli.com 1. _ : �; rw �- ux a E3 E7 LA n ' N rt � v G c N P.M# O � ¢; O n � m s m CE Am ,e��kK�W H• ��� �1ajMY - , i . J r" �I I I 1 s • &> i - � N fi f :5. r. 2