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HomeMy WebLinkAboutCouncil Agenda Packet 06/03/2003 s TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA • 13251 N. Lon Adams Road June 3, 2003 -- 700 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. Bronson, Town Clerk, at 682 -3401, Monday through Friday from 8:.00 a.m. to 5 :00 pan. ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Amended agenda items appear in italics. Posted by May 2, 2003 by 7 :00 o'clock p.m., at the Marana Town Hall, Marana Police Department, Marana Development Services Center.. 0 • — 1 TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road June 3, 2003 - 7:00 p.m. I. CALL TO ORDER H. PLEDGE OF ALLEGIANCE III. INVOCATION/MOMENT OF SILENCE IV. ROLL CALL V. APPROVAL OF AGENDA VI. ACCEPTANCE OF MINUTES Minutes of the May 22, 2003 Council Meeting VII. CALL TO THE PUBLIC — ANNOUNCEMENTS — INTRODUCTIONS 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. 2003.27 Approval of Development Agreement — First Amendment — Trail Reduction between the Town of Marana and Marana Golf, Inc. to complete a trail and golf course along the Santa Cruz River (Mike Reuwsaat) 2. Resolution No. 2003 -60 — Request by Marana Police Department for Renewal of Undercover Vehicle Registrations (Richard Vidaurri) 2 TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road June 3, 2003 - 7:00 p.m. 3. Resolution No. 2003 -52 — Releasing the Assurance Agreement for Villages at Redhawk Phase 2B, Trust No. 30,130, for Lots 182 -234 and Acceptance of Public Improvements for Maintenance (Farhad Moghimi) 4. Resolution No. 2003 -54 — Releasing the Assurance Agreement for Villages at Redhawk Phase 1C, Trust No. 7825 —T, for Lots 144 and Acceptance of Public Improvements (Farhad Moghimi) 5. Resolution No. 2003 -55 — Releasing the Assurance Agreement for Continental Ranch Sunflower Phase VI, Trust No. 7975 -T, for Lots 845 -967 and Acceptance of Public Improvements for Maintenance (Farhad Moghimi) 6. Resolution No. 2003 -58 — Acceptance of Drainageway #2 of Continental Ranch for Maintenance (Farhad Moghimi) 7. Resolution No. 2003 -50: Buildine Heiebt Exception Request The Planning Center, representing KB Homes, is requesting Council approval of an exception to the Building Height regulation which limits building heights to 25' in the R -6 zoning district, within the Hartman Vistas subdivision. The project is located at the southwest corner of Linda Vista Boulevard and Hartman Lane (Joel Shapiro) . 8. Resolution No. 2003 -59 Appointment to the Town of Marana Business Advisory Committee (BAG) (Roy Cuaron) 9. Resolution No. 2003 -62 Intergovernmental Agreement (IGA) with the City of Tucson for groundwater modeling on the Santa Cruz River for the Tres Rios del Norte project (Brad DeSpain) 10. Resolution No. 2003 -57 Approval of Water Development Agreement Between Town of Marana and Flowing Wells Irrigation District for the development of additional infrastructure facilities to benefit both entities (Brad DeSpain) B. COUNCIL ACTION 1. PUBLIC HEARING: Ordinance No. 200311— The Estate Lots at Tortolita Preserve Specific Plan: Request to rezone approximately 72.6 acres of mostly vacant land from "AG" (Agricultural) to Zone "F" (Specific Plan); creating The Estate Lots at Tortolita Preserve Specific Plan. The subject property is located at the northeast corner of Moore Road and Wild Burro Road, within Section 26, Township 11 South, Range 12 East (Joel Shapiro) 2. Resolution No. 2003 -61 A Resolution of the Mayor and Council of the Town of Marana; Arizona, authorizing the approval and execution of a Develoment Agreement between the Town of Marana and FCD Marana Venture I, L.L.C, for the development of property by FCD Marana Venture I, L.L.C.. (Mike Reuwsaat) 3 A TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road • June 3, 2003 - 7:00 p.m. 3. Discussion/Direction Request for Council approval of Airport Minimum Standards (Dick Gear) 4. Discussion/Direction Request for Council approval of new Master Airport Ground Lease Form (Dick Gear) 5.. Discussion/Direction Request for Council approval of a Memorandum of Understanding (Dick Gear) C. MAYOR AND COUNCIL'S REPORT D. MANAGERS' REPORT X. UPCOMING EVENTS XI. FUTURE AGENDA ITEMS XII. ADJOURNMENT • Bobby Sutton, Jr., Mayor • 4 4 4 r , s d'�s e � y �//i� ,� t 'i /� � � ,✓6�i� • PLACE AND DATE Marana Town Hall, May 22, 2003 I. CALL TO ORDER By Mayor Sutton at 7:03 p.m. II. PLEDGE OF ALLEGIANCE Led by representatives from Boy Scouts of America Troop # 2 and Cub Scouts of America Pack # 219 III. INVOCATIONIMOMENT OF SILENCE Mayor Sutton informed the audience that Council Member Blake was seriously ill and was currently in intensive care at Northwest Hospital. The Mayor asked that a moment of silence be observed for the Council Member's speedy return to good health. IV. ROLL CALL COUNCIL Bobby Sutton, Jr. Mayor Present Herb Kai Vice Mayor Excused Jim Blake Council Member Excused Patti Comerford Council Member Excused Tim Escobedo Council Member Present Ed Honea Council Member Present Carol McGorray Council Member Present STAFF Michael Hein Town Manager Present Michael Reuwsaat Assistant Town Manager Present Thomas Benavidez Town Attorney Present Jocelyn Bronson Town Clerk Present Jim DeGrood Development Services Administrator Present Attached is a list of public attendees. • { t z / l �� r ,� F � c ,ryi h / �d , ill O/ /�`v V. APPROVAL OF AGENDA Upon motion by Council Member Honea, seconded by Council Member McGorray, the agenda with changes was unanimously approved. The changes were that Consent Agenda Item A. 1. Resolution No. 2003 -45 was moved to the first item heard under Council Action and that Consent Agenda Item A. 3. Resolution No. 2003 -57 be pulled from the agenda and continued indefinitely. VI. ACCEPTANCE OF MINUTES Upon motion by Council Member McGorray, seconded by Council Member Honea, the minutes of the April 29, 2003 Budget Study Session, the minutes of the May 6, 2003 regular Council meeting, and the minutes of the May 6, 2003 Budget Study Session were unanimously approved. VII. CALL TO THE PUBLIC/ANNOUNCEMENTS The first grade students who led the Pledge of Allegiance earlier in the meeting were introduced before Council. The two boys, Milton Guerrera and Brandon Miller, were in attendance to earn their government and community service badges and represented Boy Scout Troop #2 and Cub Scout Pack # 219. VIII. STAFF REPORTS There were no questions regarding the staff reports. IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA 2. Resolution No. 2003 -49 Releasing the Assurance Agreement for Continental Ranch Parcel 63A, Trust No. 4939, for Lots 1 through 4 and Acceptance of Public Improvements for Maintenance (Farhad Moghimi) Earlier in this meeting, Consent Agenda Item A.1. Resolution No. 2003 -45 was moved to the first item to be heard under Council Action and Consent Agenda Item A.3. Resolution No. 2003 -57 was removed from the agenda and continued indefinitely. • 2 Y • Upon motion by Council Member Honea, seconded by Council Member McGorray, the consent agenda as amended was unanimously approved. B. COUNCIL ACTION A.1. Resolution No. 2003 45 : Safeway Shopping Center Final Plat: An application for a request of final plat approval for the creation of a commercial subdivision on a 19.75 -acre site consisting of six lots, located at the southeast corner of Silverbell and Twin Peaks Roads on Parcel 20 of the Continental Ranch Specific Plan, in a portion of Section 20, Township 12 South, Range 12 East (Joel Shapiro) Jim DeGrood presented this item before Council. He said that the project, consisting of six lots, was too large for the Safeway anchor store to occupy alone. He reported that other proposed developments such as a gas station, auto parts store and a number of shops and restaurants, were planned for the site. Margo Carey, resident and Sunflower homeowner, spoke before Council • regarding this item. She stated that, while not opposed to the Safeway development at the Silverbell location, she was unhappy that she was not made aware of its planning at the time of her home purchase. She said that she was alarmed at the extent of the light pollution and of the building height of the Safeway store. She commented that she had lost all privacy in her backyard and requested that the lighting be adjusted to a lower impact level. She also inquired if a different type of lighting could be considered such as yellow lighting specifically geared to lowering light pollution. She mentioned that she would also like to see additional landscaping, particularly larger trees, placed in the medians as well as throughout the commercial property. She asked if the height on the separating wall between the commercial development and the residential area could be raised. Ms. Carey concluded by saying that the Safeway development had negatively impacted the Sunflower neighborhood and had possibly lowered residential property values in the surrounding area. Mayor Sutton asked Mr. DeGrood to respond to Ms. Carey's questions. Mr. DeGrood said that representatives from the Sunflower community and from Pulte Homes had been in contact with Safeway and that discussions were ongoing regarding possible modifications to the • 3 / y z �i/ ✓/ r? r n , < ✓ .,,...S ar x, a.,,,_.. =,. „f d <,..,.r .,,�ee � �r „�, evv r te%.' cil� ,ox „� _�.E =o.. >, �., ,..,.,,, .eti.,A„ ,-� �,,, ,_s .,.ua.. �M. ..��:, ,.,,�/a,.a ,,,�„�.ee. / .a, E., �.�a,,,,, �,a�,[ separation walls and to the landscaping. He said that he did not have any specific information to report at this time but would be happy to look into the matter and present his findings at a later date. He continued by saying that the commercial lighting at the Safeway Shopping Center was in compliance with the Towns new lighting code but that he would review it with the Building Official. He added that he would also contact Safeway officials and propose possible solutions to the light pollution issues such as adjusting the store's hours of operation, fixture replacements, and a review of the light shields for their adequacy. He said that the Safeway building, scheduled to open on May 23rd, was operating under a Temporary Certificate of Occupancy and additional leverage for Code adherence was in force. He assured the resident that Safeway would continue to work with the Town on these issues. Mr. Hein suggested that Council direct Town staff to review the compliance with all lighting, landscaping and building height regulations and to report back to the Council with their findings within a week. He said that, if deemed appropriate, the Mayor's office could request a meeting with Safeway representatives at that time to discuss further negotiations regarding these issues. Mayor Sutton agreed with the Town Manager and commented that, in the past, negotiations had produced partnerships which handled neighborhood issues such as light pollution. Council Member Honea commented that it was obvious from the photographs of this project that the traffic and lighting generated by the Safeway Shopping Center would impact the Sunflower neighborhood's quality of life and he hoped that adequate changes would be made to afford more privacy to the residents. Upon motion by Council Member Honea, seconded by Council Member Escobedo, Resolution No. 2003 -45 was unanimously approved. • 4 B.1. PUBLIC HEARING: Ordinance 2003.10 and Resolution No. 2003 -53 - Proposed amendment to the Land Development Code of the Town of Marana, by amending TITLE 5 ZONING, establishing the R -10, R -12, R- 20, R -80 and RD -180 districts and accompanying development regulations; by modifying and adding Development Standards in all the residential districts; defining permitted, accessory, conditional, temporary and prohibited uses; and changing TITLE 8 BUILDING CODE to TITLE 8 GENERAL DEVELOPMENT REGULATIONS and adding provisions to allow an increase to building heights by Town Council approval in TITLE 8, to the Land Development Code and, declaring Titles 5 and 8 as amended public record (Joel Shapiro) Mayor Sutton opened and closed the public hearing. There were no speakers from the public regarding this item. Mr. Hein addressed the Council and congratulated Mr. Shapiro and the Planning department staff for the hard work associated with the proposed amendments to the building code and the development code. He reported that additional text revisions specifically dealing with the allowance of alternatives to building heights had been made and that a handout had been distributed to the Council for their consideration. That handout has been made a permanent part of this record. Mr. Shapiro continued with the presentation before Council regarding this item. He gave a brief history of the proposed amendments and said that there were substantial amendments to the Land Development Code precipitated by the ongoing discussions regarding building height. He added that it was also an amendment that was underway well before the building height issue surfaced. He gave a brief overview of the code and said that the changes would provide a much clearer, more comprehensive, and more consistent set of development standards. He explained that the amendments provided more flexibility in the types of development and the quality of the development that could be accommodated within the Marana community in the future. Upon motion by Council Member McGorray, seconded by Council Member Escobedo, Ordinance No. 2003.10 and Resolution No. 2003 -53 as amended were unanimously approved. - 5 / ���`"� ,r�g`������7�_����� � �����l..QL)i'�{✓1L< ��T�4� s' 4 y �' � f �� €v s - _.7 2. Resolution No. 2003 -42: San Lucas Preliminary Block Plat An application for approval of a Preliminary Block Plat for a 291.97 acre Master Planned Development located east of I -10, north of Adonis Road, and west of the CAP canal, in a portion of Section 22, Range 11 East, and Township 11 South. This item was continued from the May 6, 2003 Council meeting due to concerns that were raised regarding alternative access issues. Mr. DeGrood presented this item. He said that the existing alternative access available for this project had been reviewed and that it was a viable alternative access. He said that there were additional improvements stipulated to within the development agreement including the paving of Postvale Road which will provide an exit roadway to the Adonis community which was currently reliant on a single rail crossing. He added that the developer had warranted the provision of an improved, four -lane rail crossing at Marana Road, from the existing terminus east across the I -10 Frontage Road and the Union Pacific Railroad tracks, with the roadway continuing east to connect to the Marana Road Extension. Council Member Honea voiced his concern with the renaming of Cochie Canyon Trail to Marana Road as indicated on the map and backup materials. He said that the existing Marana Road was not aligned with Cochie Canyon Trail. The applicant, Bob Zammit, responded and explained that the Pima County Addressing department had requested that the roadway in question be named Cochie Canyon Trail because of the road's continuity with the existing Cochie Canyon Trail roadway. Council Member Honea inquired about a potential for problems with the exclusion of the 4.32 -acre section associated with this master planned development. Mr. DeGrood responded by saying that he had spoken with the property owner and that no rezone movement had been made regarding the "island" parcel. He said that it was logical to bring the property into the Town's boundaries with a zoning designation consistent with the surrounding area. He said that responsibility for roadway maintenance of the area in question had already been assumed by the Town. 6 ' / ����?�� w t^ � k � t y %� �4:.r �,ab ri�a�� ( • ,r h s /�� / r�' /i/y�rr s / / � a f �"i�� .e _ r � � TO �IAI�1. ZY r �•� � ar 4'g a / '"'' � Council Member Escobedo asked about the naming of Marana Road and pointed out the fact that it was still known as Trico - Marana Road. Mayor Sutton asked for a continuance on this item until such time as input from Council Members Blake and Comerford had been added to the discussion. He said that both Council members had been heavily involved in the progression of this item. Mr. Hein suggested that a continuance with a non - specific date was not advisable because of the legal posting for public hearing. He said that the clarification regarding roadway naming would be researched by Town staff and that he was comfortable with the conditions present in the San Lucas development agreement. He added that the Town staff was pleased with the ADOT negotiations regarding the State's contributions toward the I- 10 /Marana Road off ramp and frontage road. He remarked that the San Lucas project represented the first new development on the east side of the Interstate and, in time, the improvements made to that connection of Cochie Canyon Trail would be substantial. He pointed out that, eventually, the Doerken development, La Mirage Estates, would be implementing connectivity as well with their requirement for alternative access connecting to Tangerine Road. He assured the Council that there would be complete connectivity for this area when all requirements were met by each development. Mr. DeGrood stated that he and Council Members Blake and Comerford had driven the roadway in question, Cochie Canyon Trail, to make sure that it was passable and that there was safe, alternative access. He said that the road was well- maintained and both Council members were satisfied with its condition. He further stated that there had not been any opportunity for him to discuss the suggested motion and staff report with Council Member Blake as the evening of this ride was the evening on which Mr. Blake fell ill There was no second to the Mayor's motion to continue this item. The motion failed. A lengthy discussion followed regarding the excluded property and alternative access roadways. A general consensus to further research the possible annexation of the excluded property was reached. 7 Upon motion by Council Member Escobedo, seconded by Council Member Honea, Resolution No. 2003 -42 was unanimously approval. 3. Resolution No. 2003 -41 Approval of Railroad Crossing Agreement with Union Pacific Railroad for the improvement and relocation of the Cochie Canyon Trail railroad crossing. Mr. DeGrood said that this item was a follow -up on the previous item, the San Lucas Preliminary Plat, and was an agreement with the Union Pacific Railroad to construct a new rail crossing in the alignment of Cochie Canyon Trail as it was extended to the I -10 interchange. He said that the agreement was consistent with the San Lucas plat approved by the prior motion and called for a $440,000 expense for the construction of a four - lane rail crossing which would support all of the future developments in the area. He commented that the Town would ultimately own the right- of -way adjacent to the rail crossing. Upon motion by Council Member Honea, seconded by Council Member McGorray, Resolution No. 2003 -41 was unanimously approved. 4. DiscussionfDirection Request for Council approval to make application for approximately 46 acres of State Trust Land adjacent to Airport for the purpose of developing ingress and egress routes necessary for future commercial development (Dick Gear) Mr. Reuwsaat presented this item before Council and said that this action was in anticipation of a proposed jet center operation. He said that it was essential for the Town to acquire the ingress/ egress for the utilization of the 46 -acre parcel. Upon motion by Council Member McGorray, seconded by Council Member Honea, authorization for Town staff to make application for the purchase of State Trust Land was unanimously approved. 8 ' ?'� ' � � r �;1VITNL�TES OF REGIILAR C ©CINCIL 1VIEETINN�G ��� s / x %�' l x > r /i r // � 9i ' � r �✓ *// r„ / ru // r ��d - 'i r r �a r' �h y �� �.!� y / ri r jry /r /r'� �a►1A. T O��LIAL.a �. ��/ ' r ,. ly% j 4,% 5. State Legislative Issues - Discussion/Direction/Action regarding all pending bills before the Legislature (Mike Hein) Michael Racy, lobbyist, informed the Council at length on the State Legislature's pending legislation associated with Town interests. He reported that HB 2119, signed by Governor Napolitano on May 5, 2003, provided for a new expedited procedure for annexing county islands of 10 acres or less. He said the procedure was essentially by Council resolution as long as there were no objections from the associated county or property owner. He said that, overall, there were fewer bills introduced this year than in many years past and that this was attributable to the number of new members in the State Legislature and to the severe State budget crisis. He highlighted the land use legislation and reported that there was no significant erosion of local control. He related that there were several water related provisions with one dealing with multi jurisdictional water districts that the Town of Marana Water utility might use in cooperation with surrounding water providers. He explained that this was a new discretionary authority that might be useful for the southern Arizona region. He said that amendments to the Central Arizona Water Conservation District rules and regulations were approved and that these would be indirectly beneficial to local jurisdictions. He continued by saying that there were three new provisions for establishing a population of cities and towns and that it was important to Marana because it determined the amount of shared revenue the Town would receive as well as the sales, income and gas taxes. He commented that, in a fast growing community such as Marana, the Town might want to avail itself of these provisions prior to the next decennial census. Mr. Racy reported that another bill that made it through the legislative process was a bill regarding flexibility to set the number of signatures necessary to qualify a referendum petition. He explained that the bill would have allowed cities and towns to set new and higher requirements for signatures. He related that the Governor vetoed the bill but that he suspected that the League of Arizona Cities and Towns would go back before the Legislature with a revised version. He concluded by stating that the primary interest of Marana was with the State budget and that the budget crisis was not even close being resolved. _ 9 may,, `MII�TU` DES` OFREG `�ARCI�rt�!G�Y�yNIEETiN'; ��" r . - u✓i / r� i'�'3// s�� �.✓ ., fm;;: : �i/�.,akz'�! /K rr 'r .. // r ���r/ ,` �� �a r�s� r� a, �'l � // /` �� a r s' '�. .,.M7 ✓ r / � ,yid � r C. MAYOR AND COUNCIL'S REPORT There were no reports given at this time. D. MANAGERS' REPORT There were no reports given at this time. X. UPCOMING EVENTS There were no upcoming events announced at this time. XI. FUTURE AGENDA ITEMS There were no items suggested for placement on a future agenda. XII. ADJOURNMENT Upon motion by Council Member Escobedo, seconded by Council Member Honea, approval to adjourn was unanimous. The time was 8:00 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on May 22, 2003. I further certify that a quorum was present. Jocelyn Bronson, Town Clerk 10 �pW N pF 1 7 gRIZONP STAFF REPORTS TO COUNCIL • Building Parks & Rec Town Clerk Planning Court Police Finance PW /Engineering Human Resources Water • PUv%LIC WORKS MARANA STAFF REPORT r May 2003 Capital Improvement Projects (sta Report for the The following are capital improvement projects in design. month of April Silverbelt Road { mprovements Ina Road Improvements Capital Improvement 1 -4 Cortaro Road to Ina Road 1 -10 to Si {verbal{ Road Projects in Design This project consists of reconstructing the This project consists of roadway improve- Capital Improvement 5 roadway to four lanes with curb and gutter, ments and construction of two new Projects In Construction multipurpose lanes and sidewalks, and bridges, including design and reconstruc- Recently completed 6 providing for a continuous center turn lane, tion to widen to four lanes with multiuse Projects sanitary sewer system construction and lanes, median island, curb, curb and intersection improvements at Ina/Silverbell, gutter and sidewalk installation, drainage Traffic Division Report 7 which includes a new traffic signal system. improvements, landscaping, signal modifications, artwork and street lighting. Estimated construction time: Fall 2003 Project is 1.1 miles in length. Status: Environmental, Biological, DCR, Estimated construction time: Spring 2005 Geotechnical Report, Pavement Design Summary, and Archaeological reports are Status: 404 Permit application has been complete and have been accepted. The submitted. First year of Pygmy Owl Sur - 404 Permit application has been submitted vey has been completed. The DCR, 30% PUBLIC WORKS to the Army Corps of Engineers (ACOE) plans, NPPO Plan and Initial Drainage and review is ongoing. First year of Pygmy Report have been reviewed and returned MISSION AND VALUES Owl Survey has been completed. The to consultant. The Traffic Impact Anal sis Town is in receipt of the 90% Improvement p y , « The Marana Public Works Plan submittal. ACOE is s still in the process Phase l Environmental Site Assessment, Department is committed to of reviewing the plan submitted by El Archaeology, the amended Bridge Inspec- providing quality service by Pueblo. EEC has received comments from tion Bridge Stability Analysis, Grade Con- consistently delivering and PCVWV and is in the process of revising the trod Stability Analysis, Bridge Selection maintaining reliable, safe Sanitary Sewer Study. and Location Reports are completed and facilities with a have been accepted; Draft Access Man- p roductive, public fa 1 and agement Report is on hold at this point in p res pectful time. Access Management acceptance ethical workforce. " letters have been received by the consult- Our operating values are: ,.� ant from the abutting property owners. • Satisfaction 50% improvement plan submittal is due . Respectful the first part of May 2003. 1 4f F, • Communication • Reliable • Productive • Quality • Ethical • Consistency Silverbell Road – Cortaro to Ina • Service a . Safety .r � , • Integrity • Commitment Ina Road -1 -10 to Sitverbell May 2003 Capital Improvement Projects in Design (continued) Tangerine Road - Breakers to Thornvdale Road, Twin Peaks Interchange Design Concept Report This project consists of environmental clearances, DCR This project consists of drainage improvements and and 15% plans for the corridor alignment, Phase 1; final repaving of portions of Tangerine Road. design for TI and connection to the east, Phase IL Estimated construction time: Fall 2003 Estimated Construction Time: 2006 Status: First year of Pygmy Owl Survey has been Status: The Draft Contract Agreement has been finalized completed. A biological assessment has been completed and the contract agreement is ready for the consultant. and forwarded to EPA for consultation. A 404 permit The first executive committee meeting took place on April application has been completed. Town has decided to 17, 2003. pursue a maintenance oriented program for the road and has requested fee proposals from Tetra Tech to generate construction plans. District Park Bank Protection This project consists of providing bank protection along the west bank of the Santa Cruz River from Ina Road to Tangerine Road/Thornvdale Road Intersection Cortaro Road. Improvements This project consists of design and construction for Status: Tetra Tech is the design engineer. 90% plans intersection improvements. were submitted to the Town on April 11, 2003. An individual 404 permit application has been submitted to the Army Estimated construction time: Winter 2003 Corps of Engineers. This area has now been designated as critical habitat. Status: Tetra Tech is finalizing the design. Pygmy Owl urvey and 404 permit process were initiated in Septem- er 2001. The biological assessment for this project has been combined with the report for the Breakers to Thorny - dale Road segment and as previously stated, has been submitted to EPA for consultation. Coachline Boulevard This project consists of providing sidewalk additions along the east side of Coachline Boulevard from Twin Peaks to Drainage way No. 2. Status: Final plans are due May 2, 2003. Construction is slated for June /July 2003. 2003 Pavement Preservation This project consists of annual pavement rehabilitation projects throughout the Town limits. This year we will be concentrating on the Continental Ranch area. Status: The pre- construction conference was held April 30th with construction running through June 2003. Tangerine/Thornydale Intersection Page 2 PUBLIC WORKS May 2003 Capital Improvement Projects in Design (continued) 40 EI Rio Park Town of Marana, Northwest Marana Town Center The park has been designed by Novak Environmental and the Design and Development Town is in the process of completing design and procuring the Three projects are ongoing to master plan and estab- construction by a design bid bill open advertisement. The pro- lish the layout, ambience, and design standards of the ject is scheduled to advertise in May to be complete by August. Northwest Marana Town Center. The park will have a long trail, landscaping, a shaded play and sifting area, and a half court basketball court. Northwest Marana Town Center, Master Plan Thornydale Road / Oranne Grove Road /Costco Drive Project Intersection Improvements This project will provide Master Plan Services for fur - This project consists of reconstructing the intersections of ther planning and conceptualization to set design and Thornydale /Orange Grove and Thornydale /Costco and the development standards to facilitate the urbanization of segment of Thornydale Road connecting the two along with the the Northwest Marana Town Center. reconstruction /widening of the remaining approaches; sidewalks, curb, curb and gutter, traffic signal modifications, Status: The master planning and design develop drainage facilities, median islands, street lighting and art work. ment continues as the design guidelines are applied to new buildings, such as the Northwest Fire Station Estimated construction time: Summer 2004 #36 for the Town Center. The Town will have the Durrant Group and McGann and Associates continue Status: The consultant, RS Engineering, Inc., has been with the master planning of the rest of Ora Mae Harn issued a notice to proceed on the project, and design work District Park and the areas south of the park and the is currently underway. Westland Resources, Inc. is Municipal Complex and work with the land owners performing work on a variety of environmental services. and developers for further use of the Town Center 50% improvement plan submittal is due the first part of May Land. 2003. * Santa Cruz River Shared Use Path Phase I and II Northwest Marana Town Center, North West Fire Station #36 Santa Cruz River Shared Use Path consists of a 14' wide This project will consist of design and construction of paved asphalt path from Cortaro Road to Coachline Blvd. a new North West Fire Station #36 to protect the growing Town Center and Northwest Marana area. Phase I consists of a building a shared use path between The design is being performed by the A &E Durrant Cortaro Road and Twin Peaks Road in the over bank area of and DL Withers is providing design phase construc- the Santa Cruz River. Phase II consists of a continuation of tion management services under a CM @RISK the shared use path in Phase I from Twin Peaks to Coachline process. Fire Station #36 will be located on the new Blvd. Each phase is partially funded under ADOT's Transpor- Marana Main Street between the Municipal Complex tation Enhancement Program. Construction will need to be and Grier Road. The planning and design of this pro - completed in phases to properly track the ADOT funds; how- ject will follow the Northwest Marana and Town Cen- ever, design can be completed as a single project. ter design guidelines as one of the first buildings in the Town Center. Status: The project assessment and final DCR have been approved by ADOT. An environmental determination has been Status: A site plan, floor plan and design have been submitted to ADOT separately by Westland Resources. Town submitted to Northwest Fire for review and approval. had a kick -off meeting on April 29th to initiate path design with Project team meetings will be held on Friday's after Castro Engineering and pedestrian bridge design with Struc- the Municipal Complex AE /CM /PM meetings. tural Grace. Linda Vista Boulevard This project consists of chip sealing approximately 3/4 mile of roadway from Camino de Mariana east to approximately Hartman Lane. O tatus: 90% plans from Tetra Tech due April 25, 2003. Page 3 PUBLIC WORKS May 2003 Capital improvements in Design (continued) �n of Marana Municipal Complex (Marana Northwest Marana Town Center, Roads, Infrastructure and `MuniPlex ") Offsite Improvements This project consists of the design and construction of a This project will design and construct the offsite utilities, roads, new Town Government Complex to house the Town of landscape, and other infrastructure and establish the layout of Marana staff. This complex will be located on 20 acres the main Town Center corridors. Current design concept has west of the current Town Hall location. The design by a main approach street terminating in a T or three approach Durrant Group Architects will integrate the MuniPlex and round -a -bout in front of the new Municipal Complex. The surrounding facilities with the Ora Mae Harn Park. The island in the middle of the round -a -bout will have a monumen- construction of the main building(s) and facility core is to tal statement for the Town Center expressing the values of the be done via a Construction Manager at Risk process with Town. The current design and construction will encompass the the selected CM, D.L. Withers, being involved in the Civic Drive from Barnett Road to Lon Adams, and Marana project during the pre - construction design development Main Street from the Civic Drive Roundabout to Grier Road, . stage for value engineering, constructability reviews, tech- with future extension of Marana Main north of Grier Road to nical reviews, cost engineering and estimating, planning, connect to Sandario Road. The work will include utilities, scheduling, and serving as the Construction Manager and including a sanitary effluent collection system, sidewalks, Prime Contractor during construction. landscaping, streetlights, and streetscaping as well as the roads. Status: D.L. Withers, the CM, has graded the site, includ- ing excavating several large storm water retention ponds. Status: The new 12" sewer main is completed onGrier Road They have also begun excavating and installaion of under- from Sandario to the new Marana Main Street and is being ground utilities and doing the engineered fill for the actual completed to the Marana Apartments. Lateral sewer lines were building site. A model of the project is located in the Town placed to five feet inside the residents' property tine on Grier, Hall for viewing. The architect and interior designer are with abandonment of septic tanks and connection to the new procuring office cubical furnishings to set up various office permanent sewer to be completed later this year. The new work areas types for reviews.. Furnishings, partitions, sewer on Grier from the Marana Main Street to Lon Adams will carpets, and covering are still being selected. begin construction later this year, along with the construction D.L. Withers, the CM approved by the Town Council, of the new roads, utilities, landscape and hard scapes. Lateral O s prepared an estimate and budget which is to be sewer lines will be placed inside the residents property at that esented to Mayor and Council. time, with connection to be carried out later this year. The street design, landscaping and hardscaping is developed as a boulevard lined with trees, street lights, and banners, and will carry the Town Center theme throughout the Northwest Urban Center, with a series of "gates" to announce to travelers and residents that they are "in" Marana, to establish a sense of identity and place as well as provide areas for small commer- cial, and safe pedestrian cycling. a } x Page 4 PUBLIC WORKS May 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 fitness courses. be abandoned and a new railroad crossing will be installed. Status: The Town awarded the construction contract to Valley Rain Construction. Estimated construction time: January to July 2003 Status: The contract was awarded to Dar -Hil Corpora- tion. Construction began January 6, 2003. Project is i ongoing and on schedule. Santa Cruz River Corridor Trail 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 District Park Native Plant Salvage and parking improvements. Improvements /Mitigation This project consists of the removal, salvaging, and Estimated construction time: Fall 2002 replanting of the vegetation in preparation of park improvements. Status: Contractor and the Parks and Recreation Departments are working on additional work at the site Status: Ongoing. which consists of landscaping, parking improvements and building a block wall. Contractor anticipated to be complete by May 2003. Costco Lighting Continental Ranch Park, Parcels 5 & 6 Addition This project consists of completing the street lighting for This project consists of additional parking at Coyote added safety along Costco Drive. Trails Elementary School and a park addition, including ball fields and a concession stand, on parcel 6 directly Status: The contract was awarded to Contractors east of Coyote Trails Elementary School. West. Construction. Final walk through has been performed and the project is completed and accepted. Estimated construction time: Summer 2002— Winter 2002 Status: The Town awarded the project to M. Anderson Construction Corp. Project is completed and has been accepted. The one year maintenance period began in February 2003. 0 Page 5 PUBLIC WORKS 1 May 2003 Rece Comp leted Projects Cortaro Road Improvements — 1 -10 to Silverbell Road: Completed October 25, 2002. New Westbound Cortaro Road Bridge Over the Santa Cruz River: Completed March 15, 2002. Hartman Lane Improvements: Completed Fall 2002. Wade Road: Completed February 2003. Cortaro Road Improvements Page 6 PUBLIC WORKS May 2003 Traffic Division Report Warning Beacons at the Avra Valley Road– Sandario The Installation of Protected Left -Turn Phasing at the Road Intersection Ina Road- Meredith Boulevard Intersection A traffic signal warrant study was conducted at the Avra In order to increase the margin of safety for left- turning Valley Road — Sandario Road intersection. The results of motorists on Ina Road at Meredith Boulevard, the existing the study found that a traffic signal is not recommended at permissive /protected left -turn phasing will be replaced with the intersection at this time. However, in order to enhance protected -only phasing. To accomplish this change, new the safety at this location, flashing warning beacons will be 50 -foot mast arms, signal heads and other hardware will installed on the Side Road warning signs currently posted need to be installed. In addition, the signal timings at the on the Avra Valley Road approaches to the intersection. It intersection will need to be modified. It is expected that is expected that the warning beacons will help greatly to the required work should be completed within the next 30 better alert motorists about the approaching intersection. days. The warning beacons should be installed within the next 60 days. Modification of the Phasing at the Thornydale Road — Costco Drive Intersection Traffic Signal at the Tangerine Road—Thornydale Following an analysis of the traffic signal operations at the Road Intersection Thornydale Road - Costco Drive Intersection, it was de- Based on the results of a traffic signal warrant study cided to modify the left -turn phasing on the Thornydale performed at the Tangerine Road — Thornydale Road Road approaches to allow leading protected - permissive intersection, it has been decided to pursue the incorpora- phasing. Currently, left- turners on those approaches can tion of signalization in the Tangerine Road/Thornydale only turn during a protected -only phase. Once the modifi- Road Intersection Improvement Project, scheduled to cations are made, left- turners will be able to during a egin construction in summer 2003. At this point, Catalina protected indication (green arrow) and during the green Engineering is the process of preparing signal design ball indication. This will be the first intersection in the plans and Kimley -Horn and Associates are preparing the Town where the left -turn arrow will precede the green ball phasing and timing plans. Along with the widening indication. At the other Town intersections without pro - improvements planned at this location, the signalization tected -only phasing, the left turn green arrow follows the should make this a much safer and efficient intersection. green ball indication. The phasing modifications will be made within the next several weeks. Business /Guide Signs for the Cortaro Road Area In an effort to better guide motorists on Cortaro Road Coordination Signal Timings for the Ina Road and toward the businesses in the area, the Traffic Division Thornydale Road Corridors developed a business and guide sign plan, which has As a result of signal timing analyses performed by Kimley- been endorsed by the businesses. We have worked Horn and Associates for the Town, the coordinated signal closely with the businesses to obtain the logos that will be timings for all of the Town's traffic signals along the Ina placed on the signs. It is anticipated that the new busi- Road and Thornydale Road corridors will be adjusted over ness and guide signs will be installed within the next 30 the next several weeks. The adjustment of the timings will days. greatly improve the progression of traffic along these road- ways and should help to enhance the level of service and traffic safety on those streets. Speed Limit Map for Town Roadways The Traffic Division is currently taking an inventory of all posted speed limits on the Town's arterial and collector roads. The purpose of this inventory is to determine whether some of the speed limit zones need to be modi- fied and to eventually develop a map showing all posted speed limits on these roadways. This map will be made available for distribution and will be displayed on the frown's web site. Page 7 PUBLIC WORKS �uauu ��da� uoI,409JOOH V S)IJBd am AMP a ✓ k, 4 3 P 0 Mo XMIS CL y . MM .�- b ',� Ct •� C �IWy. r ^ Y SA&G • SAPU N Q -1 o Z W 1+ o Q O 'a DU � � w o� F H a o o U O S4 a� cd O U uU ' W H =•� A (� p u v p�zw � a� � " a o arnNoorn� on U U o�Uo� �O o N PH �'. L },.y p O U v, O juempedaa u01 39H 19 SIIJBd i Par & Recreation Depa q tr ?.� ���C n -H � ):0 - r_; g 1 X11 �s �s y �* (YO ro b a fD d CD yy b y rD Q O �°noo y�p� �cro�tra�y °�ro o °oS. o �C c>q'ro b oCc -roro 1 ' 0 . 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CD rD ro � ro Cn� cUoqq ro i— e •. N � gr Q n G ro pp ro o° d r w�' C ID w a0 ° ro o y ro to 0 w otdQ ob a CD F Gp s C Fy r M t �� v� 7 1 O ° p Vi ��*• yn O O n � __ v, �' G Caro �•� y „rt' n t ONw��i �OwN H CJ CD ro z 00 UQ p � G ° ID 0 Q o w cr _ Gq O y O C d 0 CD b n d O0 CL O Parks & Recreation Department TOWN TOWN COUNCIL OF MEETING MARANA INFORMATION DATE: rune 3, 2003 AGENDA ITEM: IX. A. 1 TO: Mayor and Council FROM: Michael Reuwsaat, Assistant Town Manager SUBJECT: Resolution No. 2003 -27 Approval of Development Agreement — First Amendment — Trail Reduction between the Town of Marana and Marana Golf, Inc. to complete a trail and golf course along the Santa Cruz River. DISCUSSION: Marana Town Council approved a Development Agreement between the Town of Marana and Marana Golf, Inc. which provided for among other things trail improvements adjacent to the Santa Cruz River. As the construction of the new golf course continues to take shape, staff met on site with Marana Golf representatives and determined that the consolidation of the landscaping along the trail and golf course into one system would benefit both the Town of Marana and Marana Golf by avoiding duplication of landscaping materials, irrigation systems and maintenance of the same. As such staff is requesting minor changes to the Marana Golf Development Agreement to achieve the purpose of a consolidated landscape and irrigation system between the trail system and golf course along the Santa Cruz River. This change will reduce the Town of Marana's maintenance responsibility. RECOMMENDATION: Staff recommends Council approval of the first amendment to the Development Agreement — Trail Reduction. SUGGESTED MOTION: I move to adopt Resolution No. 2003 -27. y , • MARANA RESOLUTION NO. 2003-27 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING AND AUTHORIZING FIRST AMENDMENT — TRAIL REDUCTION TO THE DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF MARANA AND MARANA GOLF, INC. TO COMPLETE A TRAIL AND GOLF COURSE ALONG THE SANTA CRUZ RIVER. WHEREAS, pursuant to A.R.S. § 9- 500.05, the Town is empowered to enter into development agreements relating to property within the municipality and the Marana Town Council has reviewed the First Amendment — Trail Reduction to the Development Agreement between the Town and Marana Golf, Inc, attached hereto as Exhibit "A ", and incorporated herein by this reference; and WHEREAS, it has been determined by the Marana Town Council that it would be in the best • interest of the Town to void in its entirety the original Development Agreement approved by the Town on June 4, 2002, and replace it with the First Amendment — Trail Reduction to the Development Agreement Between the Town of Marana and Marana Golf, Inc., and WHEREAS, it has been further determined by the Marana Town Council that adopting the First Amendment — Trail Reduction to the Development Agreement Between the Town of Marana and Marana Golf, Inc., will consolidate the costs associated with the landscape and irrigation system between the trail system and the golf course along the Santa Cruz River. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: Section 1. That the Development Agreement between the Town of Marana and Marana Golf, Inc. approved by the Town Council on June 4, 2002 is null and void. Section 2. That the Mayor is hereby empowered and directed to execute the First Amendment — Trail Reduction to the Development Agreement on behalf of the Town of Marana, attached hereto as Exhibit "A ". • Marana Resolution No. 2003 -27 t PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3rd day of June, 2003. Mayor BOBBY SUTTON, JR. ATTEST: Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: • Daniel J. Hochuli, as Town Attorney and not personally Marana Resolution No. 2003 -27 T Exhibit A Development Agreement i Marana, Arizona Resolution No. 2001 -150 FIRST AMENDED DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF MARANA AND MARANA GOLF, INC. r ' TABLE OF CONTENTS Page RECITALS............................................................................ ............................... 1 AGREEMENT........................................................................... ............................... 2 1. Development of the Property ............................................... ............................... 2 1.1. Development in Accordance with the MDC and Zoning ........................... 2 1.2. Zoning Conditions ....................................................... ............................... 2 2. Business License Fee ........................................................... ............................... 2 3. Recurring Revenue Fee ........................................................ ............................... 2 3.1. Fee Assessments .......................................................... ............................... 2 3.2. Timing and Method of Payment ................................ ............................... 2 3.3. Audit Provisions .......................................................... ............................... 3 3.4. Amendment and Repeal .............................................. ............................... 3 4. Impact Fees .......................................................................... ............................... 4 4.1. Residential Impact Fees .............................................. ............................... 4 4.2. Transportation Impact Fee Credits .............................. ............................... 4 4.3. Park, Trail, Recreation or Open Space Impact Fees ... ............................... 4 5. Protected Development Rights ............................................. ............................... 4 5.1. Purpose ........................................................................ ............................... 4 5.2. Protected Development Rights .................................... ............................... 4 6. Park, Trail, Recreation and Open Space Requirements ....... ............................... 5 6.1. Satisfaction of Park Requirement ................................ ............................... 5 6.2. Trail Dedication .......................................................... ............................... 5 6.3. Trail Improvements ..................................................... ............................... 5 6.4. Trail Extension ............................................................ ............................... 6 6.5. Out -of Bounds Designation ......................................... ............................... 6 6.6. Condition Precedent .................................................... ............................... 6 6.7. Completion of Trail Improvements ............................. ............................... 6 6.8. Indemnification ........................................................... ............................... 7 7. Cooperation and Alternative Dispute Resolution ................ ............................... 7 7.1. Appointment of Representatives ................................. ............................... 7 7.2. Timing ......................................................................... ............................... 7 7.3. Outside Consultants .................................................... ............................... 7 7.4. Default; Remedies ....................................................... ............................... 8 8. Notices and Filings .................................:............................. ............................... 8 i TABLE OF CONTENTS (Continued) Page 9. General Terms & Conditions ............................................... ............................... 9 9.1. Term ........................................................................... ............................... 9 9.2. Waiver ......................................................................... ............................... 9 9.3. Attorneys' Fees ........................................................... ............................... 9 9.4. Counterparts ................................................................ ............................... 9 9.5. Headings and Recitals ................................................. ............................... 10 9.6. Exhibits ....................................................................... ............................... 10 9.7. Further Acts ................................................................. ............................... 10 9.8. Future Effect ................................................................ ............................... 10 9.9. Termination Upon Sale to Public ............................................................... 10 9.10. No Partnership and Third Parties ................................ ............................... 11 9.11. Other Instruments ........................................................ ............................... 11 9.12. Imposition of Duty By Law ........................................ ............................... 11 9.13. Entire Agreement ........................................................ ............................... 11 9.14. Amendment ................................................................. ............................... 11 9.15. Names and Plans ......................................................... ............................... 11 9.16. Good Standing; Authority ........................................... ............................... 11 9.17. Severability ................................................................. ............................... 12 9.18. Governing Law / Arbitration ......................................... ............................... 12 9.19. Recordation ................................................................. ............................... 12 9.20. No Representations ..................................................... ............................... 12 9.21. Approval ...................................................................... ............................... 12 9.22. Force Majeure ............................................................. ............................... 12 EXHIBIT LIST Exhibit A Legal Description/Map of the Property Exhibit B Legal Description/Map of the Trail _ ii DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (hereinafter "Agreement ") is made as of the day of 1 2003, by and between the TOWN OF MARANA, an Arizona municipal corporation (the "Town "), MARANA GOLF, INC., a Delaware corporation and UNITED METRO MATERIALS, INC., an Arizona corporation (collectively "Marana Golf"). RECITALS A. Marana Golf is the owner and beneficial owner of approximately 350 acres of real property within the corporate limits of the Town, legally described and depicted on Exhibit "A" attached hereto (the 'Property "). Portions of the Property are held in trust by First American Title Insurance Company, a California corporation, as Trustee under Trust Nos. 4737 and 4738, as Trustee only and for the benefit of Marana Golf. B. Marana Golf intends to develop the Property in a phased manner to include conversion of the existing sand and gravel facility into residential, resort, golf course and freeway commercial uses; relocation of several holes of the existing golf course, The Links at Continental Ranch; and development of new aggregate extraction and processing facilities. C. As part of this process, on February 5, 2002, the Town adopted Marana Ordinance No. 2002.01, amending the Continental Ranch Specific Plan to annex certain areas within the Property into the Specific Plan area and further to adopt specific conditions of approval (the "Specific Plan Amendment "). D. The future development of the Property shall be subject to (i) the Specific Plan and Specific Plan Amendment (as may be amended from time to time), (ii) the Marana Development Code (including the written rules, regulations, procedures and other policies relating to development of land, whether adopted by the Mayor and Council or by Town staff) (the "MDC "), and (iii) the Marana Town Code (the "Tovn Code ") as adopted by the Town. E. The parties desire that the Property shall be developed in accordance with the MDC, the Specific Plan , the Specific Plan Amendment and the Town Code, as amplified and supplemented by this Agreement. The parties acknowledge that this Agreement is intended to be consistent with the foregoing, and operates to the benefit of the Town, Marana Golf, and the public. F. The parties understand and acknowledge that this Agreement is a "Development Agreement" within the meaning of, and entered into pursuant to the terms of, A.R.S. § 9- 500.05, in order to facilitate the development of the Property. G. The parties acknowledge that the development of the Property pursuant to this Agreement will result in planning and economic benefits to the Town and its residents by, among other things, requiring development of the Property consistent with the MDC, 1 the Specific Plan, the Specific Plan Amendment and the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the foregoing premises and the mutual promises and agreements set forth herein, the parties hereto cancel and rescind that certain Development Agreement previously entered into, and state, confirm and agree as follows: AGREEMENT 1. Development of the Property. 1.1. Development in Accordance with the MDC and Zonin_ Prior to the approval and execution of this Agreement, the Town adopted the Specific Plan Amendment. The Property shall be developed in accordance with these documents, which, in conjunction with the MDC, set forth the basic land uses, densities and intensities of such land uses as presently authorized for the Property and development regulations related thereto. Upon compliance by Marana Golf with the applicable development review and approval procedures as set forth in the MDC, the Specific Plan and Specific Plan Amendment and other Town ordinances, rules, regulations and state laws, the Town agrees to approve or issue such permits, plans, specifications, and/or plats of or for the Property as may be requested by Marana Golf and which are consistent with the MDC, and the Specific Plan and the Specific Plan Amendment. 1.2. Zoning Conditions Marana Golf agrees to fulfill all conditions outlined in the Specific Plan Amendment adopted on February 5, 2002, as may be modified by this Agreement. 2. Business License Fee. At the second regular renewal (September 23, 2003) of the business license for Marana Golf, d.b.a. San Xavier Rock & Materials, San Xavier Rock & Materials shall pay a business license renewal fee of ten thousand dollars ($10,000) for the purposes of enforcement and monitoring of on -site activity support as established by town wide ordinance. 3. Recurring Revenue Fee. 3.1. Fee Assessments Marana Golf shall pay to the Town a fee of $0.05 per ton for all aggregates mined, processed, sold and removed from the Property (the "Recurring Revenue Fee "). The Recurring Revenue Fee shall not apply to materials imported onto the Property which are not available from the Property or materials such as cement, fly ash, oil or admixtures that are included in products such as ready mix concrete or asphalt concrete. 3.2. Timing and Method of Pavment Marana Golf shall submit a report within sixty (60) days of the end of each calendar year detailing the tonnage of aggregate mined, processed, sold and removed from the Property (the "Report"). The total tonnage of aggregate mined, processed, sold and removed from the Property shall be the sum of the number of cubic yards of ready mix concrete produced multiplied by 1_5 plus the 2 number of tons of asphalt produced multiplied by 0.93 plus the total tonnage of aggregates mined, processed, sold and removed from the property as aggregate. Marana Golf may deduct the tonnage of imported aggregate that is not available from the Property from the resulting total tonnage of aggregate, but may not deduct the tonnage of recycled asphalt. The Report shall be accompanied by a check for the Recurring Revenue Fee in an amount equal to the total tonnage of aggregate mined, processed, sold and removed from the Property multiplied by $0.05. The Recurring Revenue Fee shall be effective as of January 1, 2003. 3.3. Audit Provisions The Town of Marana shall be entitled to inspect the records of Marana Golf to verify that the tonnage reported in the Report is accurate. 3.4. Amendment and Repeal Marana Golf's obligation to pay the Recurring Revenue Fee to the Town shall be amended or terminated upon the following: 3.4.1. In the event that the Recurring Revenue Fee is found to be invalid, illegal or otherwise unenforceable by final judgment of a court of law, Marana Golf's obligation to pay any and all Recurring Revenue Fees shall terminate as of the date of such final judgment. 3.4.2. In the event that the Town has the opportunity to impose a Recurring Revenue Fee on any other sand and gravel extraction or processing operations through the imposition of zoning and development conditions including but not limited to conditions imposed as part of a rezoning or plan amendment, development plan approval or plat approval; and does not impose such Recurring Revenue Fee, Marana Golf's obligation to pay any and all Recurring Revenue Fees shall terminate as of the date of authorization and imposition of such conditions. 3.4.3. In the event that the Town adopts a Recumna Revenue Fee to be assessed against any sand and gravel extraction or processing operations in an amount less than $0.05 per ton of aggregate material extracted, Marana Golf's obligation to pay the Recurring Revenue Fee shall automatically be reduced to the lesser amount. 3.4.4. Regardless of the amount of any Recurring Revenue Fee imposed or adopted by the Town, Marana Golf shall in no event be required to pay the Recurring Revenue Fee in an amount greater than $0.05 per ton of aggregate material extracted. However, the Recurring Revenue Fee paid by Marana Golf shall be reviewed on the tenth (10) anniversary of this Agreement and every tenth (10) anniversary thereafter for the term of this Agreement at which time the Recurring Revenue Fee paid by Marana Golf shall be adjusted to be equal to the lowest Recurring Revenue Fee paid by other sand and gravel operators (who pay such Recurring Revenue Fee). 3.4.5. It is anticipated by the parties that in order to maintain the standard of living within the Town and equity between like businesses in the Town that similar conditions to those imposed on Marana Golf will be imposed on all gravel extraction and processing businesses within the town. As such, in the event that the Town has the opportunity to impose conditions substantially similar to the obligations 3 imposed by this Agreement and any and all conditions imposed as part of the Specific Plan Amendment on any other sand and gravel extraction or processing operations through the imposition of zoning and development conditions, including but not limited to conditions imposed as part of a rezoning or plan amendment, significant land use change, development plan approval or plat approval, and the Town does not impose conditions substantially similar to those imposed upon Marana Golf by this Agreement or under the conditions imposed as part of the Specific Plan Amendment, Marana Golf's obligation to pay any and all Recurring Revenue Fees shall terminate upon the final finding of a court that such substantially similar conditions were not applied. 3.4.6. Marana Golf agrees that it will not actively support any litigation filed in challenge to the Recurring Revenue Fee, although this obligation shall not limit Marana Golf's right to participate or maintain membership in any organization that may file litigation challenging the Recurring Revenue Fee. 4. Impact Fees. 4.1. Residential Impact Fees The Town agrees that notwithstanding any impact fee provisions to the contrary, the Town's transportation impact fees to be assessed upon residential development within the Property shall be due and payable only upon sale and closing for each residential unit, and not at any earlier time, including but not limited to the time for issuance of building permits for such units. 4.2. Transportation Impact Fee Credits The Town is in the process of constructing transportation infrastructure improvements. In the event that the Town imposes impact fees for transportation infrastructure improvements located either on or off the Property, Marana Golf shall receive credit against such transportation impact fees in an amount equal to any voluntary fees or contributions of resources that Marana Golf has paid or provided to the Town as set forth in A.R.S. § 9- 463.05. 4.3. Park. Trail, Recreation or Open Space Impact Fees The Town agrees that any and all Town impact fees for park, trail, recreation or open space improvements located either on or off the Property that may now or in the future be imposed on any residential development on the Property shall be satisfied in full by Marana Golf's agreement to dedicate, design and construct the Trail and Trail Improvements (as defined in this Agreement) as provided in Section 6 . 5. Protected Development Rights. 5.1. Purpose One of the purposes of this Agreement is to establish legally protected nights for the development of the Property in a manner which is consistent with the Specific Plan and Specific Plan Amendment, the MDC, and this Agreement, in order to ensure reasonable certainty, stability and fairness to Marana Golf over the term of this Agreement. 5.2. Protected Development Rights Town agrees that the zoning designations granted by the Specific Plan and Specific Plan Amendment shall remain in 4 effect and shall not be changed without the express written consent of Marana Golf for the term of this Agreement. 6. Park, Trail, Recreation and Open Space Requirements. 6.1. Satisfaction of Park Requirement The MDC, Section 5.0 of the Park Trail and Open Space Master Plan imposes a residential on -site park requirement of 185 square feet per residential dwelling unit. This requirement shall be satisfied within the residential development area of the Property. 6.2. Trail Dedication Marana Golf shall dedicate to the Town for public use a 30 -foot wide trail to be located along that portion of the Property that abuts the Santa Cruz River, legally described and depicted on Exhibit `B" attached hereto (the "Trail "). The Trail dedication shall be recorded on the block plat to be approved by the Town. 6.2.1. The Town shall include within the area of the Trail dedication the area for any required setbacks, including without limitation, the Santa Cruz River setbacks or other setback requirements imposed by the Specific Plan, the Specific Plan Amendment or any other Marana code, policy or procedural provision. The Town shall also include the area of the Trail dedication as part of any density requirements for the development of the Property. This provision shall in no way effect or modify the existing setback or density requirements of the Specific Plan Amendment. 6.2.2. The Town shall grant Marana Golf a perpetual access easement over the Trail for Marana Golf's use in maintaining that portion of the Property located immediately adjacent to the Trail. 6.2.3. Marana Golf shall not be required to dedicate any of its Property to provide parking for persons using the Trail. 6.2.4. Upon completion of the Trail Improvements (as defined in this Section 6 ), the Town shall accept dedication of the Trail and shall assume full responsibility and liability for the continued maintenance, repair and improvement of the Trail and the Trail Improvements. 6.2.5. For safety purposes, public access to the Trail shall not be permitted until the Trail Improvements are completed and the Trail has been accepted by the Town. 6.3. Trail Improvements Marana Golf shall design, construct or install the following improvements to the Trail (collectively referred to as the "Trail Improvements "): 6.3.1. Marana Golf shall install a 14 -foot wide paved linear path adjacent to the Santa Cruz River, from Cortaro Road to the northernmost point of the aggregate extraction property. Barrier rail shall be installed along the top of the Santa 5 Cruz River embankment from Cortaro Road, northerly to the point where the high -flow and low -flow channel embankments diverge. 6.3.2. Marana Golf will not be required to install any landscaping within the Trail. However, Marana Golf will be required to locate the 20 -foot Aggregate Extraction Landscape Buffer immediately adjacent to the Trail and also plant defensible vegetation along the wire fence located approximately 70 feet from the eastern edge of the Trail. Where the Trail is adjacent to the golf course portion of the Property Marana Golf will extend its landscape to the eastern edge of the Trail and such landscape within 20 foot of the Trail shall be hydro- seeded and provide one fifteen gallon mesquite tree or similar and three shrubs per four hundred (400) square feet of area in a manner such that a continuous vegetative canopy will be obtained. Revised trail plans shall be prepared, submitted to the Director of Development Services and Parks and Recreation Director for review and approval. 6.3.3. A ramp that will connect the Trail to the Cortaro Road bridge; and 6.3.4. Post and single wire fencing will be installed by Marana Golf, where the Trail is adjacent to the golf course portion of the Property, approximately delineating the boundary between the Property and the Trail. 6.4. Trail Extension As part of the Trail Improvements, Marana Golf will extend the Trail through a drainageway at the north end of the Trail on the Property (the "Trail Extension "). In the event that the Trail Extension requires the construction of a bridge or similar structure, Marana Golf shall not be required to construct the Trail Extension. 6.5. Out -of- Bounds Designation Marana Golf shall place out -of- bounds notice markers along the western boundary of the golf course portion of the Property adjacent to the Trail by installing industry standard "white stakes" (without signs or other wording) at regular intervals. 6.6. Condition Precedent Approximately 1,000 feet of the western edge of the Property does not abut the Santa Cruz River. Pima County owns the property located between the Property and the Santa Cruz River (the "Pima County Property "). As a condition precedent to Marana Golf's obligations in this Section 6 and prior to completion of the Twin Peaks Interchange, the Town shall obtain any and all rights from Pima County as necessary to allow Marana Golf to carry out the following activities, 1) Construct a portion of the Trail, 2) Install and maintain landscaping consistent with landscaping installed along the remainder of the Trail, 3) Install and maintain irrigation for the landscaping, and 4) Install a barrier rail on the western edge. 6.7. Completion of Trail Improvements Marana Golf shall complete all Trail Improvements within six (6) months after the Effective Date of this Agreement or six (6) months after the Town obtains approval from Pima County as necessary to allow 6 Marana Golf to construct a portion of the Trail across the Pima County Property as provided in Section 6.6 whichever event comes later. 6.8. Indemnification Upon completion of construction of the Trail Improvements by Marana Golf and the Town's acceptance of the Trail Improvements as provided in Section 6.2.3 the Town shall indemnify, defend and hold harmless Marana Golf, its successors, assigns, representatives, officers, directors and agents from and against all allegations, demands, proceedings, suits, actions, claims, damages, losses, expenses, including but not limited to, reasonable attorneys' fees, costs, fees, and liabilities and all claim adjusting and handling expenses, related to, arising from or out of or resulting from the following: 6.8.1. Any injury to person or property incurred on the Trail and caused by any golfer's use of the golf course on the Property. 6.8.2. The design, construction, maintenance, repair or replacement of the Trail or the Trail Improvements, including but not limited to, work performed by any subcontractor or anyone directly or indirectly employed by Marana Golf, its successors, assigns, representatives, officers, directors or agents. 6.8.3. The Town shall not be required to indemnify, defend or hold harmless Marana Golf, its successors, assigns, representatives, officers, directors or agents for any portion of the above - described claims that a court of competent jurisdiction shall have determined resulted from the negligence or willful misconduct of Marana Golf, its successors, assigns, representatives, officers, directors or agents. 7. Cooperation and Alternative Dispute Resolution. 7.1. Appointment of Representatives To further the commitment of the parties to cooperate in the development of the Property, the parties each shall designate and appoint a representative to act as a liaison between the Town and its various departments and Marana Golf. The initial representative for the Town shall be the Development Services Director, and the initial representative for Marana Golf shall be David Graham or a replacement project manager to be selected by Marana Golf. The representatives shall be available at all reasonable times to discuss and review the performance of the parties to this Agreement and the development of the Property. 7.2. Timin . The Town acknowledges the necessity for prompt review by the Town of all plans and other materials ( "Submitted Materials ") submitted by Marana Golf to the Town hereunder or pursuant to any zoning procedure, permit procedure, or other governmental procedure pertaining to the development of the Property and agrees to use its best efforts to accomplish such prompt review of the Submitted Materials whenever possible. 7.3. Outside Consultants In the event the Town is unable to provide sufficient personnel (either in -house staff or outside consultants to the Town) to review the Submitted Materials within the time desired by Marana Golf, Marana Golf may elect to pay the reasonable costs incurred by the Town to retain such consultants or other 7 experts as the Town may reasonably deem necessary to review the Submitted Materials on behalf of the Town. Because of Marana Golf's liability for the consultant's fees, any consultants under this paragraph shall be selected by the agreement of both parties. The parties shall diligently select consultants following a request by Marana Golf hereunder. Marana Golf acknowledges that the consultants' recommendations will be subject to review and revision by the Town Staff and that the Town shall not be bound by any of the consultants' recommendations unless adopted by the Town Council or other board or person having final approval rights on each Submitted Material. Marana Golf's liability for consultant fees hereunder shall be unconditional and Marana Golf shall indemnify and hold the Town harmless from any claims relating to such fees. 7.4. Default: Remedies If either party hereto defaults (the "Defaulting Party ") with respect to any of such party's obligations hereunder, then the other party hereto (the "Non- Defaulting Party ") shall be entitled to give written notice in the manner prescribed in Section 8 to the Defaulting Party, which notice shall state the nature of the default claimed and make demand that such default be corrected. The Defaulting Party shall then have (i) twenty (20) days from the date of such notice within which to correct such default if it can reasonably be corrected by the payment of money, or (ii) sixty (60) days from the date of such notice to cure such default if action other than the payment of money is reasonably required, or if any such non - monetary default cannot reasonably be cured within sixty (60) days, then such longer period as may be reasonably required, provided and so long as such cure is promptly commenced within such period and thereafter diligently prosecuted to completion. If any such default is not cured within the applicable time period(s) set forth above in this Section 7.4 then the Non - Defaulting Party shall be entitled to commence an action at law or in equity in the Pima County Superior Court. The parties hereto agree that due to the size, nature and scope of the Development, and due to the fact that it may not be practical or possible to restore the Property to the condition which existed prior to Marana Golf's development and improvement work, once implementation of this Agreement has begun, money damages and remedies at law will likely be inadequate and that specific performance will likely be appropriate for the enforcement of this Agreement. This Section 7.4 shall not limit any other rights, remedies, or causes of action that either party may have at law or in equity. 8. Notices and Filings. All notices, filings, consents, approvals and other communications provided for herein or given in connection herewith shall be validly given, filed, made, transmitted or served if in writing and delivered personally or sent by registered or certified United States mail, postage prepaid, if to (or to such other addresses as either party hereto may from time to time designate in writing and deliver in a like manner): The Town: Town of Marana - Development Services Director 13251 N. Lon Adams Road Marana, Arizona 55653 8 With a copy to: Daniel J. Hochuli, Esq. Hochuli & Benavidez, P.C. 220 East Wetmore Rd., Suite 110 Tucson, Arizona 85705 Marana Golf: Bryan Fowler Rinker Materials 700 North 44` Street Phoenix, Arizona 85008 With a copy to: Mike Egan Rinker Materials Corporation 1501 Belvedere Road West Palm Beach, Florida 33406 9. General Terms and Conditions. 9.1. Term This Agreement shall become effective upon its execution by all the parties and the taking effect of a duly adopted resolution of the Town's governing body approving the Agreement (the "Effective Date "). The term of the Agreement shall commence upon the Effective Date and, unless sooner terminated by the mutual consent of the parties, shall automatically terminate and shall thereafter be void for all purposes twenty -five (25) years from the date of this Agreement. If the parties determine that a longer period is necessary for any reason, the term of this Agreement may be extended by written acknowledgment executed by the parties. 9.2. Waiver No delay in exercising any right or remedy shall constitute a waiver thereof, and no waiver by the Town or Marana Golf of the breach of any covenant of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Agreement. 9.3. Attorneys' Fees In the event any party hereto finds it necessary to brina an action at law or other proceeding against any other party to enforce any of the terms, covenants or conditions hereof, or by reason of any breach of default hereunder, the party prevailing in any such action or other proceeding shall be paid all reasonable costs and reasonable attorneys' fees by the other party, and in the event any judgment is secured by said prevailing party, all such costs and attorneys' fees shall be included therein, such fees to be set by the court and not by jury. 9 9.4. Counterparts This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from such counterparts and such signature pages all attached to a single instrument so that the signatures of all parties may be physically attached to a single document. 9.5. Headings and Recitals The descriptive headings of the sections of this Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions hereof. The Recitals set forth at the beginning of this Agreement are hereby acknowledged and incorporated herein and the parties hereby confirm the accuracy thereof. 9.6. Exhibits Any exhibit attached hereto shall be deemed to have been incorporated herein by this reference with the same force and effect as if fully set forth in the body hereof. 9.7. Further Acts Each of the parties hereto shall execute and deliver all such documents and perform all such acts as reasonably necessary, from time to time, to carry out the matters contemplated by this Agreement. Without limiting the generality of the foregoing, the Town shall cooperate in good faith and process promptly any requests and applications for plat or permit approvals or revisions, and other necessary approvals relating to the development of the Property by Marana Golf and its successors. 9.8. Future Effect This Agreement shall run with the land. All of the provisions hereof shall inure to the benefit of and be binding upon the successors, assigns and legal representative of the parties hereto, except as provided in Section 9.9 below. To the extent permitted by law, Marana Golf's ri ghts hereunder may be assigned by a written instrument, recorded in the Official Records of Pima County, Arizona, expressly assigning such rights. The obligations of Marana Golf hereunder shall be binding upon anyone owning any right, title or interest in the Property as long as such obligation has been specifically assumed in writing or as otherwise required by law. The Town understands that Marana Golf may create one or more entities or subsidiaries wholly owned or controlled by Marana Golf for purposes of carrying out the development of the Property as contemplated in this Agreement. In the event of a complete assignment by Marana Golf of all rights and obligations of Marana Golf hereunder, Marana Golf's liability hereunder shall terminate effective upon the assumption by Marana Golf's assignee. 9.9. Termination Upon Sale to Public It is the intention of the parties that although recorded, this Agreement shall not create conditions or exceptions to title or covenants running with the land. Nevertheless, in order to alleviate any concern as to the effect of this Agreement on the status of title to any of the Property, this Agreement shall terminate without the execution or recordation of any further document or instrument as to any lot which has been finally subdivided and individually (and not in "bulk ") leased (for a period of longer than one year) or sold to the end purchaser or user thereof and — 10 thereupon such lot shall be released from and no longer be subject to or burdened by the provisions of this Agreement. 9.10. No Partnership and Third Parties It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any partnership, joint venture or other arrangement between Marana Golf and the Town. No term or provision of this Agreement is intended to, or shall, be for the benefit of any person, firm, organization or corporation not a party hereto, and no such other person, firm, organization or corporation shall have any right or cause of action hereunder. 9.11. Other Instruments Each party hereto shall, promptly upon the request of the other, have acknowledged and delivered to the other any and all further instruments and assurances reasonably requested or appropriate to evidence or give effect to the provisions of this Agreement. 9.12. Imposition of Duty By Law This Agreement does not relieve any party hereto of any obligation or responsibility imposed upon it by law. 9.13. Entire Agreement This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. All prior and contemporaneous agreements, representations and understanding of the parties, oral or written, are hereby superseded and merged herein. 9.14. Amendment The parties agree to cooperate and in good faith pursue any amendments to this Agreement that are reasonably necessary to accomplish the goals expressed in the MDC, the Specific Plan or the Specific Plan Amendment, and to facilitate the development of the Property in light of any changes in development requirements, including an extension of the term of this Agreement as provided in Section 9.1 If Marana Golf determines that it would be beneficial to amend this Agreement to include adjacent lands owned by Marana Golf, the Town agrees to consider in good faith such amendment. All amendments to this Agreement shall be in writing and, if approved, must be signed by all appropriate parties. Within ten (10) days after any amendment to this Agreement, such amendment shall be recorded by, and at the expense of, the party requesting the amendment, in the Official Records of Pima County, Arizona. 9.15. Names and Plans Marana Golf shall be the sole owner of all names, titles, plans, drawings, specifications, ideas, programs, designs and work products of every nature at any time developed, formulated or prepared by or at the instance of Marana Golf in connection with the Property or any plans; provided, however, that in connection with any conveyance of portions of the infrastructure as provided in this Agreement such rights pertaining to the portions of the infrastructure so conveyed shall be assigned to the extent that such rights are assignable, to the appropriate governmental authority. 9.16. Good Standing; Authority Marana Golf represents and warrants to the Town that it is duly formed and validly existing under the laws of Arizona and is 11 authorized to do business in the state of Arizona. The Town represents and warrants to Marana Golf that it is an Arizona municipal corporation duly qualified to do business in the State of Arizona and is in good standing under applicable state laws. Each of the parties hereto represents and warrants to the others that the individual(s) executing this Agreement on behalf of the respective parties are authorized and empowered to bind the party on whose behalf each such individual is signing. 9.17. Severability If any provision of this Agreement is declared void or unenforceable, such provision shall be severed from this Agreement, which shall otherwise remain in full force and effect. If any applicable law or court of competent jurisdiction prohibits or excuses the Town from undertaking any contractual commitment to perform any act hereunder, this Agreement shall remain in full force and effect, but the provision requiring such action shall be deemed to permit the Town to take such action at its discretion. If, however, the Town fails to take the action specified hereunder, Marana Golf shall be entitled to terminate this Agreement. 9.18. Governing Law /Arbitration This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of Arizona, and the parties agree that any litigation or arbitration shall take place in Pima County, Arizona. In particular, this Agreement is subject to the provisions of A.R.S. § 38 -511. This Agreement has been negotiated by separate legal counsel for the Town and Marana Golf, and no party shall be deemed to have drafted this Agreement for purposes of construing any portion of this Agreement for or against any party. Any dispute, controversy, claim or cause of action arising out of or relating to this Agreement shall be settled by submission of the matter by both parties to binding arbitration in accordance with the rules of the American Arbitration Association and the Arizona Uniform Arbitration Act, A.R.S. § 12 -501 et seq. and judgment upon the award rendered by the arbitrator(s) may be entered in a court having jurisdiction thereof. 9.19. Recordation No later than ten (10) days after this Agreement has been executed by the Town and Marana Golf, it shall be recorded in its entirety, by the Town in the Official Records of Pima County, Arizona. Cost of said recordation shall be paid by Marana Golf. 9.20. No Representations Except as specifically set forth herein, nothing contained herein shall be deemed to obligate the parties to complete any part or all of the development of the Property. 9.21. Approval If the any party is required pursuant to this Agreement to give its prior written approval, consent or permission, such approval, consent or permission shall not be unreasonably withheld or delayed. 9.22. Force Majeure If any party hereto shall be unable to observe or perform any covenant or condition herein by reason of "force majeure," then the failure to observe or perform such covenant or condition shall not constitute a default hereunder so Iona as such party shall use its best effort to remedy with all reasonable dispatch the event or condition causing such inability and such event or condition can be cured within 12 a reasonable amount of time. "Force majeure," as used here, means any condition or event not reasonably within the control of such party, including without limitation, "acts of God "; strikes, lock -outs, or other disturbances of employer /employee relations; acts of public enemies; orders or restraints of any mind of the government of the United States or any state thereof or any of their departments, agencies, or officials, or of any civil or military authority; insurrection; civil disturbances; riots; epidemics; landslides; lightning; earthquakes; subsidence; fires; hurricanes; storms; droughts; floods; arrests, restraints of government and of people; explosions; and partial or entire failure of utilities. Failure to settle strikes, lock -outs and other disturbances of employer /employee relations or to settle legal or administrative proceedings by acceding to the demands of the opposing party or parties, in either case when such course is in the judgement of the party hereto unfavorable to such party, shall not constitute failure to use its best efforts to remedy such a condition. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. TOWN OF MARANA an Arizona municipal corporation ATTEST: f� . y Town C rk Mayo ob y Sutton, Jr. APPROVED AS TO FORM AND AUTHORITY The foregoing Agreement has been reviewed by the undersigned attorney who has determined that it is in proper form and within the power and authority granted under the laws of the State of Arizona to the Town of Marana. 47 Daniel J. Hochuh, Esq. Attorney for Town of Marana _ 13 MARANA GOLF, INC. a Delaware corporation By: i re 144T y n Fowler Title: 1 CE PR)as' i h STATE OF ss. County of �1� �� ) The foregoing document was sworn to and acknowledged before me the day of /yLa,� , 2003, by Bryan Fowler, the , of Marana Golf, Inc., a Delaware corporation, on behalf of the corporation. Notary ublic My commission expires: 'SD '3-00 ( KAT; ERINE L ZIESE^ No!ary r n c- G a,e of AnzCna s j h COUNTY e r v Co r7 r, Ex wy 30, 2000 14 UNITED METRO MATERIALS, INC. an Arizona corporation By: ry n Fowler Title: STATE OF ARIZONA ) ss. County of The foregoing document was sworn to and acknowledged before me the day of _ / , 2003, by Bryan Fowler, the , of United Metro Materials, Inc., an Arizona corporation, on behalf of the corporation. Notary Kblic My commission expires: 77- ",r =s i'tL.7! SE^ Y r -` ° 'ate of j Arizona ' Ar)COPA CvjP'?Y a r "1. EX F .s..��..�.yw.� : Kul'v �0 2004 b 15 FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, AS TRUSTEE UNDER TRUST NO. 4737, as Trustee only and not in its general corporate capacity By: Its: STATE OF ARIZONA ) ss. County of Pima ) The foregoing instrument was acknowledged before me this day of , 2003, by of First American Title Insurance Company, a California corporation, as Trustee under Trust No. 4737, as Trustee only and not in its general corporate capacity. Notary Public My commission expires: 16 • FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation, AS TRUSTEE UNDER TRUST NO. 4738, as Trustee only and not in its general corporate capacity By: Its: STATE OF ARIZONA ) ss. County of Pima ) The foregoing instrument was acknowledged before me this day of , 2003, by of First American Title Insurance Company, a California corporation, as Trustee under Trust No. 4738, as Trustee only and not in its general corporate capacity. Notary Public My commission expires: 17 TOWN TOWN COUNCIL OF MEETING MARANA INFORMATION DATE: June 3, 200 AGENDA ITEM: IX. A. 2 TO: Mayor and Council FROM: Richard yidaurri, Chief of Police SUBJECT: Res lution No 2003 -60 — Request by Marana Police Department for Renewal of Uno ercover Vehicle Registrations. DISCUSSION: The To of Marana owns thirteen (13) vehicles, assigned to the Police Department that have or requir undercover license plates. ARS 28 -511 requires the Town Council to approve the undercover registration of these vehicles nnually. The unmarked vehicles are used in felony investigations and require the confidentiality of undercover license plates. RECOMMENDATIONk Staff recommends o approval of Resolution No. 2003 -60, the request by the Marana Police Department for renewal of undercover vehicle registrations. SUGGESTED MOTIO I move that the Council adopt Resolution No. 2003 -60. i �I MARANA RESOLUTION NO. 2003-60 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, EXEMPTING MOTOR VEHICLES ASSIGNED FOR USE BY THE POLICE DEPARTMENT FROM TOWN MARKING REQUIREMENTS. WHEREAS, A.R.S. 28 -2511 requires motor vehicles owned or leased by a political subdivision of the state to bear the designation of the name of the political subdivision and the department or agency thereof in a visible manner, and A.R.S. 28- 2511(B) and (C) authorizes certain one -year exemptions from said marking requirements to be made by the governing body of a political subdivision for vehicles to be used for the conduct of rehabilitation or social service programs, felony investigations, or activities of a confidential nature; and WHEREAS, application is hereby made with respect to the motor vehicles used for said purposes', by the Marana Police Department for exemptions from the provisions of A.R.S. 28 -2511; and WHEREAS, the Mayor and Council find that it is in the best interests of the citizens of Marana to grant applications for the exemption from marking requirements. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Pima County, Arizona, as follows: 1. Pursuant to A.R.S. 28- 2511(B) and (C), applications for exemptions from official identification of motor vehicles now assigned for use by the Marana Police Department for use in the conduct of rehabilitation or social service programs, felony investigations, or activities of a confidential nature, hereby are approved. Since the identification of these vehicles is confidential, and such confidentiality is necessary for the public safety, a list of the vehicles contained under this exception are to be retained confidentially by the town clerk. 2. The effective date of the exemption of the aforementioned motor vehicles shall be June 1, 2003, and the period of such exemption shall expire on May 31, 2004. 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect this resolution. 1 PASSED AND ADOPTED BY the Mayor and Council of the Town of Marana, Pima County, Arizona, this 3 rd day of June, 2003. Mayor BOBBY SUTTON, JR. ATTEST: Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: • Daniel J. Hochuli As Town Attorney and not personally • 2 TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: June 3, 2003 AGENDA ITEM: IX. A. 3 TO: Mayor and Council FROM: Farhad Moghimi, , P.E., Public Works Director/Town Engineer SUBJECT: Resolution No. 2003 -52 — Releasing the Assurance Agreement for Villages at Redhawk Phase 2B, Trust No. 30,130, for Lots 182 -234 and Acceptance of Public Improvements for Maintenance. DISCUSSION: Approval of Resolution 2003 -52 will release the Assurance Agreement between Richmond American Homes, Inc., a Delaware Corporation under Trust No. 30,130, and Fidelity National Title Agency, Inc. and the Town of Marana, regarding Villages at Redhawk Phase 2B as depicted on Exhibit A. The subdivision is recorded in Book 51 of Maps and Plats, Page 20, Pima County Recorders Office, Arizona. In releasing said Assurance Agreement, the Town of Marana will accept for maintenance, including regulatory traffic control signs and street signs, approximately 0.2 miles of the following paved streets. • Acacia Blossom Place • Owl Head Canyon Road (as depicted on Exhibit A) • Sunset Vista Place RECOMMENDATION: Staff recommends that the Town Council release the Assurance Agreement between Richmond American Homes, Inc. under Trust No. 30,130 and Fidelity National Title Agency and the Town of Marana. SUGGESTED MOTION: I move to adopt Resolution No. 2003 -52. - 05/28/03' MARANA RESOLUTION NO. 2003-52 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AUTHORIZING THE RELEASE OF THE ASSURANCE AGREEMENT BETWEEN RICHMOND AMERICAN HOMES, FIDELITY NATIONAL TITLE AGENCY, INC., AND TOWN OF MARANA FOR LOTS 182 THROUGH 234 ACCEPTING FOR MAINTENANCE THE PUBLIC IMPROVEMENTS IN VILLAGES AT REDHAWK PHASE 2B. WHEREAS, Villages at Redhawk Phase 2B is a 10.971 acre subdivision located south of Moore Road and west of Dove Mountain Boulevard, containing Lots 182 through 234 as depicted on Exhibit A attached hereto and incorporated herein by this reference, and recorded at the Pima County Recorder's Office in Book 51 of Maps and Plats, Page 20; and WHEREAS, the Town has previously entered into an Assurance Agreement with Richmond American Homes, Inc., (beneficiary) under Trust No. 30,130 and Fidelity National Title, Agency, Inc. (trustee), recorded at the Pima County Recorder's Office at Docket 11473, Page 1076, assuring the completion of public improvements; and WHEREAS, Richmond American Homes, has completed the public improvements acceptable to Town standards in accordance with the Assurance Agreement for Villages at Redhawk Phase 2B. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows: Section 1. Villages at Redhawk Phase 213, lots 182 through 234 are hereby released from the Assurance Agreement with Richmond American Homes, under Trust No. 30,130, and Fidelity National Title Agency, Inc. Section 2. The Town accepts for maintenance, including maintenance of regulatory traffic control and street signs, 0.2 miles of paved streets for the following appurtenances, as depicted on Exhibit A: a. Acacia Blossom Place b. Owl Head Canyon Road (as depicted on Exhibit A) C. Sunset Vista Place Page 1 of 2 Marana, Arizona Resolution No. 2003 -52 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3 ra day of June, 2003. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Daniel J. Hochuli, Esq. As Town Attorney and not personally Page 2 of 2 Marana, Arizona Resolution No. 2003 -52 EXHIBIT A v z .� o W. O tv s 9i i a3 le w 'trap O ®® O W M Y H 0 3 Y 1 elff_ 1 C.Lol Y •--I F $ n 3� ')'A h W � x p c v ca 'y Da164 s oo�r ae si y+ i• � v M '00g .g ^ § R 1+ -a s vo 3Y (111x19 D,19DA - L 3p 1 v L106 L +OS N Dia6'59 w I et.1 Ft56.1 �o a _L31� n µ 1 fpv I O :: h'^ �',•^ 11' i'£ .I T h ,n -7 UVOY NOAMVJ t1' OH3H 7M0 .'.uso 8 h R uD3r w �.Zf .6.�It• . xl ., ro K07' s9 D�.LO 0II�3 I .1^ , p, ,3o o3. S ul J A9601 O � i .70 ' xOTa659 w �I AIM '" V x �.) °°.. Sr I 3 .Zcslro 3 .tC.SLrox I Jnl° 13,12' ^ 1 ti 250 c I 8�N• —_ bw L w I,J69 ,WWI 3 [.SUO x 3yr.x1NN I A ,a] � , o' oa rI" a'� N p n1 S 8 � 1 - I mnr:n• w �� N a � I ' y In N wox'Ja w � o ► se In S a, 3 A,I:W Of p $ f1l h3 13,p w R C S 0 I IJ9J' N , 5 5 I S n� w 1 — ,t6 u w N D6i9'ao w h q ,il I y..� N „si o X91 N w x`aJ5 wN" N Y v J ` VJ- cn '26 . 4, .064'35' •` ° ;°° y 1 O M + ..] 1 N O n '^ $. tJ.A bs � j'` 1 �i h „ S w J ,S �•w �54 Li N O^ O1\ V1\ e h� ", 69 N �Nl � 511 �'Q �(1n P�a8 \ 15� J y• .� •� " `S n N 11 y, � " � _ \ lam% .t N il'l y q" ���¢ c� N 11� a5 ww � " f, g ' , � � a , y5 a5 ♦ ®i ri � N � n pp ` N ry� n S 51T�aJ N " x s+ •�\� 'i fz J \ �qY a +. ,6 5e x5 ♦ •+ •` v $ Oh� 031; N b q ` u $\ � r $ tPN �` 55'}� n_'O " ♦ r'4 �tt`s� � r � ,9 Od \ °pl t NN ? Y g Q, . �; ,„ 'M -0095 35 N �e�a sJ • . ra �' DD n be w ,K'aI 8 9 5oi ?5T w . ` �� q• oS J , a �� �� 7 .Ntum x $ 3 .1;0/600 he Y 15 � A fL3'SI 3 S0 6DD x u J wl R 9r 1 tIl ' �u3 ru n oavu ar 6xv 999 De '.9tD11N0 R !x3^39r3 x3x.35 JI166e �T �"Z V. Y,7NY AOAFM tl9etl 3 .901000 x O'`^ Z Z O 0301 A10 G 11 CNn '�^ O A N N BILL OF SALE Richmond American Homes, Inc. TOWN OF MARANA- ENGINEERING DIVISION KNOW ALL MEN BY THESE PRESENTS: That, Richmond American Homes, Inc. a corporation, hereafter called the seller, for and in consideration of the sum of One Dollar ($1.00) and other valuable considerations, and pursuant to the terms, provisions and agreements contained in that certain PRIVATE IMPROVEMENT AGREEMENT number(s) 00- 051T2, 01- 006FA, 01- 0041713, 01- 008T2, of even date herewith and executed between the parties hereto, and of which this instrument is a part performance, receipt of which consideration is hereby acknowledged, does by these presents grant, bargain, sell, convey, transfer, and deliver unto the TOWN OF MARANA, a municipal corporation, hereinafter called the Town, its successors and assigns: Those certain improvements consisting of, but not limited to, the following: Villages at Dove Mountain (Redhawk) Phase 2B ACACIA BLOSSOM PLACE SUNSET VISTA PLACE LAND LOP 14 EN 1 caner: P- IcAm�D g MVC�� STATE OF ARIZONA) Cot ���� T � � )ss. COUNTY OF PIMA ) On this, the 3 day of December, 200L, before me the undersigned officer, personally appeared CACca� ?�e respectively, of Richmond American Homes, Inc., a corporation, known to me to be the person who subscribed the foregoing instrument, and acknowledged that they executed the same fore and on behalf of said corporation for the purposes and considerations therein expressed. IN WITNESS THEREOF, I have hereunto set my hand and official seal. My Commission Expires: O �� ■,� oF1ClA MX 0 F A Notary Public STATE OF ARIZONA) Y EXPIRES1tAFi zmw )ss. COUNTY OF PI1tiiA� ) I, t t� t"6 &,� P , of Richmond American Homes, Inc., a corporation, hereby declare on oath that said Corporation is the sole owner of the property set out in the within and foregoing Bill of Sale, and that said property and all thereof is clear, free, and unencumbered. WITNESS my hand this _7_ day of December ,200L by -j�YAC Q' 1 / c of Richmond American Homes, Inc., a corporation. My Commission Expires: ■ ■ 4, 0FRI/V1L SEAL CINDI STARNER Not Public - NOTARY PUBUGSTATE OFARI20NA ry r PIMA COUNTY - , ■„ UY COWL EXPIRES MARCH 2, 2004 TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: June 3, 2003 AGENDA ITEM: IX. A. 4 TO: Mayor and Council FROM: Farhad Moghimi, , P.E., Public Works Director/Town Engineer SUBJECT: Resolution No. 2003 -54 — Releasing the Assurance Agreement for Villages at Redhawk Phase 1C, Trust No. 7825 -T, for Lots 1 -44 and Acceptance of Public Improvements for Maintenance. DISCUSSION: Approval of Resolution 2003 -54 will release the Assurance Agreement between Cottonwood Properties, Inc., Trust No. 7825 -T, Lawyer's Title of Arizona, Inc. and the Town of Marana, regarding Villages at Redhawk Phase 1C as depicted on Exhibit A. The subdivision is recorded in Book 49 of Maps and Plats, Page 31, Pima County Recorders Office, Arizona. In releasing said Assurance Agreement, the Town of Marana will accept for maintenance, including regulatory traffic control signs and street signs, approximately 0.45 miles of the following paved streets. • Bandtail Court • Dove Mountain Park Road • Owl Head Canyon Road (as depicted on Exhibit A) • Whiptail Court RECOMMENDATION: Staff recommends that the Town Council release the Assurance Agreement between Cottonwood Properties Inc. under Trust No. 7825 -T, and Lawyers Title of Arizona, Inc. and the Town of Marana. SUGGESTED MOTION: I move to adopt Resolution No. 2003 -54. 05/28/03 MARANA RESOLUTION NO. 2003-54 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AUTHORIZING THE RELEASE OF THE ASSURANCE AGREEMENT BETWEEN COTTONWOOD PROPERTIES, INC., LAWYER'S TITLE OF ARIZONA, INC., AND TOWN OF MARANA FOR LOTS 1 THROUGH 44 ACCEPTING FOR MAINTENANCE THE PUBLIC IMPROVEMENTS IN VILLAGES AT REDHAWK PHASE 1C. WHEREAS, Villages at Redhawk Phase 1C is a 12.10 acre subdivision located south of Moore Road and west of Dove Mountain Boulevard, containing Lots 1 through 44 as depicted on Exhibit A attached hereto and incorporated herein by this reference, and recorded at the Pima County Recorder's Office in Book 49 of Maps and Plats, Page 31; and WHEREAS, the Town has previously entered into an Assurance Agreement between Cottonwood Properties, Inc., (beneficiary) under Trust No. 7825 -T and LaWyers Title of Arizona, Inc., (trustee), recorded at the Pima County Recorder's Office at Docket 10529, Page 1564, assuring the completion of public improvements; and WHEREAS, Cottonwood Properties, Inc., has completed the public improvements acceptable to Town standards in accordance with the Assurance Agreement for Villages at Redhawk Phase 1 C. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows: Section 1. Villages at Redhawk Phase 1 C, lots 1 through 44 are hereby released from the Assurance Agreement with Cottonwood Properties, Inc., under Trust No. 7825 -T, and Lawyers Title of Arizona, Inc. Section 2. The Town accepts for maintenance, including maintenance of regulatory traffic control and street signs, 0.45 miles of paved streets for the following appurtenances, as depicted on Exhibit A: a. Bandtail Court b. Dove Mountain Park Road C. Owl Head Canyon Road (as depicted on Exhibit A) d. Whiptail Court Page 1 of 2 Marana, Arizona Resolution No. 2003 -54 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3 ra day of June, 2003. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Daniel J. Hochuli, Esq. As Town Attorney and not personally Page 2 of 2 Maram, Arizona Resolution No. 2003 -54 ^ EXHIBIT A a Fri ° r0. w ^ 4 0 . z l U J2 o 77m < Q 2 5Y U S Z >> 4 Z _ m c n n f z LO m N N (Lg 30vd Sd " 090N 9 )1009) QY VA97(IOS a (Lill -00104 gill -031) .61SOCS N.s0la Oa oo s NId1Nnow 3A N .LO'trL W .so.4a0o s � ■: o.iaoos 'M O V i ,ZS'll w .sUmoo 5 '3T t6L'Gl •LS "f99 OSL9 [ ,9. V3NY NONIg0 ,9111 =1 ,� `,� ,16wt 3 .90.4a00 N '1 "S C00'CZ .1. 130, NONN00 .1992 -1 0 N n 14j BLl 6Ll ,1L "011 .691Z1 ,[1L9 .01'6f1 3- 9010.00 N y 3 3 .50,[600 N I .051 � (b) 3 ,Il,1S.00 N YYY n 3 ,S0.Ca00 N I o C ® N 4 W 3 .501a00 N S 3 0.Ca00 N ]C ) p W ,1 3.67 3 .90.4600 N t z ••• + 000 3 .SO.LO N q l m uj — S 1 n r ,36.72 p m ®ry N z 2 n 3 .901(100 N 134.4T R _ s ago 8 — n^ ^ 3 .rol600 N f Y I M 3 .ro10A0 N tl a s - 'oR CP m a ® R n t 1 7.90.61.00 M ,1901 1O t 3 .W.LMW N ♦ 0 ; 3 ,501600 N �I N w 95-- (L33NCS / L t1w t nM .- t-l- -- SZK f9 blh, n �M1 j {�. ' L .Y. s , rOVON NOANV d H 7AO N slit svl 8 f + 3 o -,1•at ran. 9� a Lvl s3 f �f g '` L' 'M -0095 0 W D 0 m h � I z � I r . . EXHIBIT A �< < Q V i m r QQ� w o M C7 O i r3 n� z t o < < ° F m ul c 8 f6Zpb1 x' ' 99 3Drd S"" MO 9 M009 N - _ _ _�_ 1 .aD° o91 -a - s • .69'ff9 M .SO.L0.00 S \� i . ; NId1NnoN 3AOG s _ 'B Y3bY S('59.1 im n ADIM°J .69ff- S['S9 :1 , � ^ um dm p 3aY Iq D.fZT2 -t .0,0 D( 9861 .00 . Y3ar NDnMO a� A°p ICD S 0 O m i .06 1Z.1 91 - ,f6' MSO.L0.005 6( l OOL .6Z,6f� St ro161 l R ,zq.m( JS L00'CZ v, r30Y NonroD y y 091 197 SL L9 lcal 9zl H N I .Dona ^ � � _ I � .�N „ ,� {. fi 8 y y CD m N '70 g) I (M) M Y .O('ZZI 1/\ ;•(fly o-y 101 al p _ — `�O .Of'60t ' s 0"4450' E N m 5 03']6 E (A) ff W ui W eO � 1yA � g� � � 8 •�� � �� � � T S 0231'16' E 1 6 991 r I I " ° �•) z 4. J _`r I J 3 ,50160D N oz ES 5 111853' E I b - yy l — W Y n 9 p 1 ' n WA Dya 6'N' E A 3 .5010.00 N 1© H N w l61 0 E V 110.9 517ag2a _ F S 1Yag2a E y+$ S lfay2 f $ J; 1 1101Yy wo S T • N • b 3 y Q \`) \�7 51 1'091 0 y 51Ya92a E $ 1,O 2 � N O g 9.z $ r '�1 � 5140920 N. � 51Yi9 E is � " 1 1 co N pa1•'1• • 161. • 'R .® E • l i�. 0) 5'7ag2 6. M 00 50 Ow jtOA p ,g1,. 5° Or f m Z .�Zt s p,• 0 A 1.157' 61 i ) e Z E96 � o Z N I i BILL OF SALE Richmond American Homes, Inc. • TOWN OF MARANA - ENGINEERING DIVISION KNOW ALL MEN BY THESE PRESENTS: That, Richmond American Homes, Inc. a corporation, hereafter called the seller, for and in consideration of the sum of One Dollar ($1.00) and other valuable considerations, and pursuant to the terms, provisions and agreements contained in that certain PRIVATE IMPROVEMENT AGREEMENT number(s) 00- 051T2, 01- 006FA, 01- 004FB, 01- 008T2, of even date herewith and executed between the parties hereto, and of which this instrument is a part performance, receipt of which consideration is hereby acknowledged, does by these presents grant, bargain, sell, convey, transfer, and deliver unto the TOWN OF MARANA, a municipal corporation, hereinafter called the Town, its successors and assigns: Those certain improvements consisting of, but not limited to, the following: Villages at Dove Mountain (Redhawk) Phase 1 C QUAIL PASS REDHAWK PARK ROAD L � Owner6.'t`CAL or- LAND D�VEL0PMENC" STATE OF ARIZONA) 12tC.44M& APAMtC -4 46UM )ss. Cvc Aob TQC- COUNTY OF PIMA ) On this, the _7 of December, 2001 before me the undersigned officer, personally appeared T! vac_ �� ��" e respectively, of Richmond American Homes, Inc., a corporation, known to me to be the person who subscribed the foregoing instrument, and acknowledged that they executed the same fore and on behalf of said corporation for the purposes and considerations therein expressed. IN WITNESS THEREOF, I have hereunto set my hand and official seal. My Commission Expires: OFFICIAL SEAL rA CINDI STARNER S NOTARY PUBLIC-STATE OF ARI20NA PIMA COUNTY Notary Public STATE OF ARIZONA) ` ' °" W COIF EXPIRES MARCH 2, 2004 )ss. COUNTY OF PIMA ) of Richmond American Homes, Inc., a corporation, hereby declare on oath that said Corporation is the sole owner of the property set out in the within and foregoing Bill of Sale, and that said property and all thereof is clear, free, and unencumbered. WITNESS my hand this �L day of December ,200L by -- F�Vk Pau fl2 of Richmond American Homes, Inc., a corporation. My Commission Expir rE sr SEAL • - °t CINDI STARNER L� C = NOTARY PUBLIC-STATE OF ARIZONA S PIMA COUNTY Notary Public W COMM. EXPIRES MARCH 2, 2004 a f TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: June 3, 2003 AGENDA ITEM: IX. A. 5 TO: Mayor and Council FROM: Farhad Moghimi, , P.E., Public Works Director/Town Engineer SUBJECT: Resolution No. 2003 -55 — Releasing the Assurance Agreement for Continental Ranch Sunflower Phase VI, Trust No. 7975 -T, for Lots 845 -967 and Acceptance of Public Improvements for Maintenance. DISCUSSION: Approval of Resolution 2003 -55 will release the Assurance Agreement between Del Webb Home Construction, Inc., an Arizona Corporation, Trust No. 7975 -T, Lawyer's Title of Arizona, Inc. and the Town of Marana, regarding Continental Ranch Sunflower Phase VI as depicted on Exhibit A. The subdivision is recorded in Book 55 of Maps and Plats, Page 21, Pima County Recorders Office, Arizona. In releasing said Assurance Agreement, the Town of Marana will accept for maintenance, including regulatory traffic control signs and street signs, approximately 34.92 miles of the following paved streets. • Majestic Vista Lane • Mystic Sky Lane • Painted Rainbow Place • Scarlet Ranges Lane 0 Suncatcher Drive • Sunflower Park Drive 0 Wandering Coyote Drive RECOMMENDATION: Staff recommends that the Town Council release the Assurance Agreement between Del Webb Home Construction, Inc., under Trust No. 7975 -T and Lawyers Title of Arizona, Inc. and the Town of Marana. SUGGESTED MOTION: I move to adopt Resolution No. 2003 -55. 05/27/03 t MARANA RESOLUTION NO. 2003-55 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AUTHORIZING THE RELEASE OF THE ASSURANCE AGREEMENT BETWEEN DEL WEBB HOME CONSTRUCTION, INC., AN ARIZONA CORPORATION, LAWYER'S TITLE OF ARIZONA, INC., AND TOWN OF MARANA FOR LOTS 845 THROUGH 967 ACCEPTING FOR MAINTENANCE THE PUBLIC IMPROVEMENTS IN CONTINENTAL RANCH SUNFLOWER PHASE VI. WHEREAS, Continental Ranch Sunflower Phase VI is a 34.92 acre subdivision located north of Drainageway #2 and west of Coachline Boulevard, containing Lots 845 through 967 as depicted on Exhibit A attached hereto and incorporated herein by this reference, and recorded at the Pima County Recorder's Office in Book 55 of Maps and Plats, Page 21; and WHEREAS, the Town has previously entered into an Assurance Agreement with Del Webb Home Construction, Inc., (beneficiary) under Trust No. 7975 -T and Lawyers Title of Arizona, Inc., Agency, Inc. (trustee), recorded at the Pima County Recorder's Office at Docket 11719, Page 4476, assuring the completion of public improvements; and • WHEREAS, Del Webb Home Construction, Inc., has completed the public improvements p p p acceptable to Town standards in accordance with the Assurance Agreement for Continental Ranch Sunflower Phase VI. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows: Section 1. Continental Ranch Sunflower Phase VI, lots 845 through 967 are hereby released from the Assurance Agreement between Del Webb Home Construction, Inc., under Trust No. 7975 -T, and Lawyers Title of Arizona, Inc. Section 2. The Town accepts for maintenance, including maintenance of regulatory traffic control and street signs, 1.13 miles of paved streets for the following appurtenances, as depicted on Exhibit A: a. Majestic Vista Lane b. Mystic Sky Lane C. Painted Rainbow Place d. Scarlet Ranges Lane e. Suncatcher Drive • f. Sunflower Park Drive g. Wandering Coyote Drive Page 1 of 2 Marana, Arizona Resolution No. 2003 -55 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3 rd day of June, 2003. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Daniel J. Hochuli, Esq. As Town Attorney and not personally • Page 2 of 2 Maram, Arizona Resolution No. 2003 -55 EXHIBIT A CW'� c•°` �: =b E��C '�@ " ^- j�� U 'fb' W .. � a CL It 4 � '�` 1 I V h b- E S i♦✓ E a� � i �d ■ r 2$� Cry �bbF> s IFS @$ � y fiy Y E asg- and R Iii. 5i "T v h o a o a r �33SSy�3,yS „<3t t3SSS< Y <�s . �' i Er I ¢ggag$ge$�"gg,g;gggg;sg� „ .- p I 'G 111 I. a • o ®{seg v8 :•M� = =$° 2pg + a ° 5. 0 �'^�I�CN�h i �e .♦ '�E ° �,,+` a . o y �,�t ''' 'i I -- h � <� b . °° s� d � � ���4e, ode � s ,°:¢ `: 3 � '�,�', "`— I :: � � `'t;'� m� e'Yt`• �€ �1 4 ��.� � •_` ag0. t "�_ � to � ": ` ~'e I. e. b lit ` 2 r.a'` a r € � "yoga [ »aka' Y 3" p` >t`Y�x g` $ C ; .a �� g +, da eta : - g a : 3, ecP gA �> `Y �: r `a_7� >" :€ § Eb by ° q i h Cg bE pqq �.Y[`o. �a q ..» itt os g .� "tl b< l 6` d'` "<e_ e r qq • 2 Se t�e< � rP aa'» `'[ , 33 x g" R `�Y',•'• . 3; xPE $ >}` 4"CR $s N 8 i � ScC �� $;€ Yg�� ti . " a = �s.,:�c h; t 'q gfrb i5 hi q a” h r $�ct # #t:,�3o.� � < tt f t h gM5`•ce de m �Y Y k iz ° � 2 A a C` t a" d gsaL as 311nt € i "g y a g as b q P $fir s � E >r $ ""� $ `s g g :tty - WN S aLYa� 3' €qq q Sh C. t a -:qP �I� le "b s R P 1 § ) _ 1 s z ae e ° E Y g b a 2$g $S i » " » °r' g " €b .p _ „ b a Rg�Y<P`' @ e $g h N ��` t :b � r� �t p;rrb S ;�e:. ��� „� � O i fas y�y'q,L$E?5 E a � »€ €e e :$ €8t8€ " @ $< -t '� ".:gr ;-E > gb g°` r;,-I h '.$?- bs „ =b a °a' s$ �$ a a°g qua g •° n at ,�kag y; . E Yh < =a " c= sb -8$g g a e ^$ g $ �,_. �: �..<�$ aaa`g y =a y a Fv 91 - N s S h �6 [ C b�.n -.�E.� at g �- Q`g€ g.T _ h -< y���g g= a<` g�'' q °a R y h &3 a h >. `�$:` �-�arey; `g ilk g✓ {[' Cg €�aY b y R L 5` `9P E g ib R � •<!' € y er ale � ggss a� M b s:b�<kY€ $WI EXHIBIT A CL CL W V J L•a Y O 00 O �a a� m O "a m r y V O mR p 9d � ♦S rc y m % sp • 'f Q . .C» `� /g 7 / d _ m •� \-g "'o ���� � ae Te .P '4. ♦ �8 \ m W LAJ e o IS ,/ y, p1 r�] 8 • 6 I I.ml a 3 b e ro, s b moo„ � $ °# R \ � 11 �• � 9r0�Kt Y21 \ ` C37 d.` vrl i rs 9 .au -aa. vivyNOwmw +1zAG0oN i f litI M —�Og'L Vt *lVgZ M.LY.AG.00N ED u, z Iwr .. a zi z, ax o. ro a�.u�enu.a..lcwe:,. EXHIBIT A CL ia I do Wdg8 �G'�O o xfli: id p Z do t- CK ie, • � / ° ` ' F �� / /� � Iln \'3 X 40 '4 \ �,/ q ` ♦y ^p y a$olr m � m's /� ° ,yam \ i�G�yll „�� ° I 'I� + m$ �,• \�$ � \\ ♦' '` 4 / ty�\ s u m J \ � I` ,d, C M /I � '6. �dd m \ \ \ m� de x / / {p + . ;,� °" \ \ o °'� ✓ �8 \ nw = • M 0 o n fN On LJ LLI m \ , • \ 8 ,p, N o af W W cn YA + •$� Q NN IN o M _O m �6 ti'iui C gN A o ff, mg � • S V � f / �, \\ I s n I u"aw � i µ !w '� m'rol Ln ti Ak.4r.8t.00N az7 . i C77 ; 9 a.H.ct�oll c 9L '3d d*N 91 XG 7 - 3180N 730 V1N3nd V7 a b c t :e'2 K M 9i GI M .+. Mo [- fTa.W \91YP \I(WU:� EXHIBIT A � o dr r Q �GQ 1 ii, tag � � � • a i ds '� � ��� • M — 0 S � L \ -' N � .• � � \ �LL by �h�gn �� Y a$ CY) \ \ •Z \ ���/// � �� Yt' S0.•` •' fc +�,aD° m� 1 td' 4 — 0 0 S q'" \ \ c 1� �d . < \�\ •t+ ,q .\ 'n t � ' � ° �� e � +rte / \ � P Q > ti'♦ Ci m §tea LU +� ¢S$ ♦� �BN ice, \ c la <P` 2 r nS a W LLJ V) w Zw� p� � 0� $ w� ti uj 17'1.58' �54�P�t��B r �/ Iwj q� � "+� \ ` \iwi day♦ d� EJ4 c fi `�'n. \ N ,c�•ss. �� \ �� ♦ S N N � .! p I SJa F�Fi ��! ..,.r '�m.��,p em 0 .a \ r \ \�� ♦`• `o � 1 11 �p x87Ri 391 q:, rJ •�, \�� \ � - G ♦�M1l�. c `it �_ u � Isa59' � ♦sl��s � \ \u �f�\,t, ru \ s s •:� e„ S z c ma - •.recpl� ( F la 8 ;9 .88 l a 91 �' 9 Z 0 9 � 1, II J11 n� �+9a M1►.az oow • M— 0 0 9 L Ln Y> C m e 9 IWi 9[i951 GI 6h Oa Fp r 9T9fuf191M9,1[9fi� EXHIBIT A I O 4. /7JASVY H.1NV I I lV s� aV B IcG � W y R yy e /p � 55 Y ' I I— tiN Y m y <3g m • — �Y W. , Il 1 Al'lSlf 3SS.f£AOS R O: W :� g ~ g 21 AYAYDYNivhra W: 3a8 NI n b � 1 0 1 x Y"V NONNOO o Nv q=e 1 .Y l'lf9Z M.O.K.00N zmh 9G :k1 dAN S[NH ?gym 3dH0N 730 t'1834i V7 F.4 " P � �' Cj •- ? 1 � 1 1 W \ ���y'b i ♦ \ 1 n W \ ♦ rs PoF 1 o �6 0°23 / f0.8Z.1Sap s W uj LJ 'ty 1 Q ♦ ba a N RIOT ,� - „.. Y9NV NONNOJ 1 f` 'ST =*KI d' ,T2 r"v NON/f0.7 0l7 Ip 3 1 w .f t'lf9L M1f.i£DON I "��� 8 1 1 I e 1 1 1 O ^ 1 L O 1 � q � ❑ : 0') R4� m 1 < 1 .002 1S lr - 91 Si On N W S- 90.el.af.9.l'p \1(098.\ � • TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: June 3, 2003 AGENDA ITEM: IX. A. 6 TO: Mayor and Council FROM: Farhad Moghimi, P.E., Public Works Director/Town Engineer SUBJECT: Resolution No. 2003 -58 — Acceptance of Drainageway #2 of Continental Ranch for Maintenance. DISCUSSION: Approval of Resolution 2003 -58 will place Drainageway #2 of Continental Ranch into the Town of Marana Maintenance System. In accepting maintenance of Drainageway #2, the Town will accept for maintenance approximately 1.5 miles of drainage channel improvements. Pulte Homes has made all required improvements, including additional grading and the • installation of an infiltration gallery to facilitate percolation and resolve some of the ponding issues. Pulte Homes has also posted a One (1) Year Warranty during which time if additional ponding issues arise, Pulte will install additional infiltration gallery(s) and any other maintenance as may be required during the warranty period. RECOMMENDATION: Staff recommends that the Town Council accepts Drainageway #2 of Continental Ranch into the Town of Marana Maintenance System. SUGGESTED MOTION: I move to adopt Resolution No. 2003 -58. 05/27/03 MARANA RESOLUTION NO. 2003-58 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, ACCEPTING DRAINAGEWAY # 2 IN CONTINENTAL RANCH INTO THE TOWN OF MARANA MAINTENANCE SYSTEM. WHEREAS, Drainageway Nos. 3, 4, 5, 6, 7, 8, 9 & 10 of the Continental Ranch Master Drainage Plan were previously accepted by the Town of Marana; and WHEREAS, Drainageway #2 is a portion of the Continental Ranch Master Drainage Plan and is located entirely within the boundaries of the Town of Marana; and WHEREAS, Drainageway 42 is not presently included in the Town of Marana Maintenance System; and WHEREAS, Drainageway #2 has been inspected and recommended for acceptance into the Town of Marana Streets Maintenance System by Staff. • NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana Drainageway #2 of Continental Ranch shall be accepted into the Town of Marana Maintenance System and be maintained as a public drainageway. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3 rd day of June, 2003. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Daniel J. Hochuli, Esq. As Town Attorney and not personally • Page 1 of 2 Marana, Arizona Resolution No. 2003 -58 4 t TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: June 3, 2003 AGENDA ITEM: IX. A. 7 TO: Mayor and Council FROM: Joel D. Shapiro, Planning Director SUBJECT: Resolution No. 2003 -50: Building HeiLrht Exception Request: The Planning Center, representing KB Homes, is requesting Council approval of an exception to the Building Height regulation which limits building heights to 25' in the R-6 zoning district, within the Hartman Vistas subdivision. The project is located at the southwest corner of Linda Vista Boulevard and Hartman Lane. DISCUSSION: This a pplication i s b eing b rought b efore y ou i n a ccordance w ith the recommendations expressed by Council at the regular meeting of March 18, 2003. The Planning Center, representing KB Homes is requesting a Building Height Increase Option for the Hartman Vistas Subdivision, located at the southwest corner of Linda Vista Boulevard and Hartman Lane. The developer contends that the current building height is a constraint to the number of plans and options that can be offered to the purchaser. They have provided letters from prospective purchasers who would choose the higher elevations if they were made available. Staff has no objection to this request, but would like to see some limitations on the Option, if approved. First, staff would like to see a 2' limitation on the increased height. According to their Model/Elevation chart no product they are offering would exceed 27'. Second, staff would ask that the conditions offered in their letter of request be made a part of the approval. 1. No two units of the same color and elevation will be allowed side by side, to further break up and vary the streetscape. 2. No two models with the same elevation will be allowed to be placed side by side. 3. None of the models in question would be placed on Lots 1— 10 and 124, which are the lots along Hartman Lane, directly across the street from the single -story homes in the subdivision across the street. Last, staff would re- emphasize that this Option runs with this subdivision only, and is not an approval of these models for any other subdivision, now or in the future. RECOMMENDATION: Planning Staff recommends approval of this request with the limitations requested and the conditions offered. SUGGESTED MOTION: I move to approve Resolution No. 2003 -50. MARANA RESOLUTION NO. 2003 -50 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, GRANTING A BUILDING HEIGHTS EXCEPTION TO KB HOMES, INC. FOR THE HEIGHT REQUIREMENTS OF THE R -6 ZONING DESIGNATION OF THE MARANA LAND DEVELOPMENT CODE, FOR THEIR PROJECT CALLED HARTMAN VISTAS, LOCATED AT THE SOUTHWEST CORNER OF LINDA VISTA BOULEVARD AND HARTMAN LANE, WITHIN A PORTION OF SECTION 23, TOWNSHIP 12 SOUTH, RANGE 12 EAST. WHEREAS, KB Homes, Inc. is the owner of lots within the Hartman Vista subdivision, located on the southwest corner of Linda Vista Boulevard and Hartman Lane, and have applied to the Town of Marana for approval of an exception to allow an increase in the building height requirement for this project; and WHEREAS, on March 18, 2003, the Marana Town Council did adopt Ordinance No. 2003.04 and further moved that staff be directed to prepare a potential "Building Height Increase Option ", to be added to residential zoning classifications, whereby requests for building heights that exceed the maximum allowable height per the code be brought to the council as a Council Action Item prior to consideration of the Preliminary Plat, and that any requests for building height increases for existing platted subdivisions be brought forward as Council Action Items; and WHEREAS, the Marana Town Council finds that strict application of the applicable Town Development Standards poses an unnecessary hardship to the owners of this property; and WHEREAS, the Marana Town Council finds that granting the requested exception is the appropriate action to afford relief, and WHEREAS, the Marana Town Council finds that the requested exception will not cause injury to or adversely affect the rights of surrounding property owners; and WHEREAS, the M arana Town Council, acting as the Board of Adjustment, has heard from the representatives of the owner, staff, and members of the public at the regular Town Council meeting held June 3, 2003, and has determined that the exception submitted by KB Homes, Inc. is in the best interest of the residents of the Town of Marana and should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona that the exception to allow an increase in the building height up to two feet, and including the following conditions, is hereby approved. Marana Resolution No. 2003 -50 1 Conditions: • 1. No two units of the same color and elevation will be allowed side by side to further break up and vary the streetscape. 2. No two models with the same elevation will be allowed to be placed side by side. 3. None of the models in question would be placed on Lots 1 — 10 and 124, which are the lots along Hartman Lane, directly across the street from the single -story homes in the subdivision across the street. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3 rd day of June, 2003. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Daniel J. Hochuh As Town Attorney and not personally Marana Resolution No. 2003 -50 2 = 'tom TOWNOFMARANA AR ANA PlannmgandZoningDepartment M • AR 1 A 3696W.OrangeGroveRoad ♦Tucson,AZ85741 (520)297- 2920Fax:(520)297 -39 PLANNING &ZONINGAPPLICATION ANN law- U PreliminaryPlat ❑GeneralPlanAmendment ❑Variance ❑ FinalPlat ❑SpecificPlanAmendment OConditionalUsePermit ❑ DevelopmentPlan ❑Rezone 130ther Rni 1 d ng_ P ght _ ❑ LandscapePlan ❑SignificantLandUseChange ❑ NanvePlantPermtt Assessor'sParcel GeneralPlanDesignation Medium Density Number(s) See attached 7d s±t (Tobeconfirmedbystaff) Residential GrossArea(Acre /Sq.Ft.) C entZoning 157.33 acres (entire subdivision) (Tobeconfirmedb sta VC, MR -1, R -6 Development/ - ProposedZoning ProiectName Hartman Vistas- No change ProjectLocation Hartman Lane and Linda Vista DescriptionofProject I Building Height Exceedence Request PropertyOwner First American Title:Tr.4981 (KB Home) City stare StreetAddress 1880 East River Road, Suite 120 Tucson AZ ZipCode PhoneNumber axNumber TailAddress 85718 • PhoneNumber ContactPer soh Applicant I KB Home City state StreetAddress 5780 North Swan, # 100 Tucson AZ ZipCode PhoneNumber FmNumber E- MailAddress Z= 85718 ] (520) 577 -7007 1 (520) 577 -8972 Itklinger@kbhome.co PhoneNumber ContactPerson Terry Klinger 1 (520) 577 -7007 Agent(Representative The Planning Center StreetAddress City state 110 South Church Suite 6320 Tucson IAZ ZipCode PhoneNumber axNumber E MailAddress lmorales @azplanning - `:85701 (520) 6Z3 -6146 (520) 622 -1950 cente MaranaBusin ^..ssLicense o. ContactPerson Linda Morales, AICP, Principal 102691 I th.. undersigned, certifythatallofthefactssetforthinth isapplicationaretruetothebestofinyknowledgeandthatI ameitherthe owneroftnepropertyorthatIhavebeenauthorizedinwritintb eowt rrtofilethisappl' ation fnotownerofrecord,attach writtenauthorizationf ro mtheowner.) Linda Morales 04/30/03 PrintNameofA licant/Agent a e Date 1 FOROFFICEUSEONLY • CaseNo. PC(�' -obo4 - ' c, DateReceived ReceiptNo. CRWNo. ReceivedBy FeeAmount ovrivoz THE � PLANNING N CENTER SUBMITTAL NO. eCM- o3 oy4, April 25, 2003 Jim DeGrood Town of Marana Development Services Center 3696 W. Orange Grove Road Tucson, AZ 85741 Building Height Exceedance Request Dear Jim: The Planning Center is working with KB HOME regarding the modification of the Town's building height for their Hartman Vistas project. As directed by the Mayor and Council at the March 18 public hearing, we are hereby requesting an exception to the building height requirement for this project. Currently, KB HOME is offering 19 different floorplans within the project with 8 different elevations available for each. Four of the elevations have a standard 8' plate (interior ceiling height); the other four are 9'. Of these, all but 2 of the elevation options of the 8' plate conform to the 25' height limit. With the 9' plate option, eleven elevations on four of the floorplans exceed the 25' height. The 9' plate option adds approximately 1 -1/2' to the overall building height (only the ground floor has the increased ceiling height, not both floors). Therefore, this request is for an increase of building height to allow the above referenced 15- floorplan /elevation combinations. The requested increase varies from 5" to 1' 11 ", depending on the model and elevation. The model /elevation combinations and their building heights are shown in the attached table. These fifteen combinations are important to the overall project because they represent the larger, more expensive models available in Hartman Vistas. Eleven of the combinations are the result of offering the optional 9' interior ceilings on these larger homes. The 9' interior ceiling heights are very popular with buyers, as approximately 70% of the buyers to date have selected this option. The 9' plates, in addition to providing additional interior ceiling heights, also help to vary the outside appearance of the homes. On the 9' plate options, the entry doors and garage doors are 1' taller, creating a different appearance, and providing variation to the street scene. Currently, KB HOME has several potential buyers who have expressed interest in the 15- floorplan /elevation combinations that are currently restricted by the building height • limitation. The builder has three buyers who have signed conditional contracts to hold a lot for a 3090 sq. ft. home with the 9' plate option, on the condition that the building Letter to Jim DeGrood Page 2 of 2 April 25, 2003 height limitation will be revised for this project. However, these buyers will not commit to purchase a home at Hartman Vistas until this issue has been resolved. The 3090 sq. ft. floorplan is KB HOME's largest offering at Hartman Vistas. The average base price of these homes is $197,900. With options and premiums, the average of the three houses awaiting the resolution of the issue increases to $271,105. Copies of letters from these potential buyers are attached. Overall, buying patterns of new homebuyers have changed in the past few years. In the past, buyers generally purchased single story homes. KB HOME anticipates that approximately 2 times more 2 -story homes than 1 -story will be sold in a subdivision such as this. This is partially because the average size of new homes has increased dramatically over the past 20 years. Anticipating these consumer desires, KB HOME wants to have a large array of the larger, 2 -story homes to provide their customers with choices. More importantly, greater diversity of the models and elevations of the homes provides for a more interesting, attractive community, and avoids the monotony often seen in communities with a smaller number of model /elevation options. As you know, the Hartman Vistas project is located southwest of the intersection of Hartman Lane and Linda Vista Boulevard. Surrounding properties are vacant, with the exception of the east side, which is the Countryside residential community, located in unincorporated Pima County. The majority of the Countryside Homes along Hartman Lane are two story homes, with the exception of the Countryside Ridge project across the street at the intersection of Linda Vista and Hartman Lane. A large wash runs across the northern portion of the project site, thereby buffering the project from any potential surrounding uses. Additionally, another large wash bisects the community near t south end of the site, likewise providing a partial open space buffer along the south property line. The overall topography of the area generally slopes from the northeast to the southwest. There is an elevation change of 79 feet from the northeast corner to the southeast corner of the project. Additionally, there is a drop in elevation of 2 -13 ft. from the west side of the property to surrounding properties farther to the west and a drop of 16 -20 ft. from the south side of the property to surrounding properties farther to the south. A common concern with taller homes is that the streets will take on a "tunnel -like" appearance. This particular subdivision has several mitigating factors that overcome this potential issue: • The streets are curvilinear and the subdivision has been designed to have fewer long straight stretches of street than a traditionally designed neighborhood. • The overall project site slopes from the high point at the project entries at Hartman Lane to the low point at the western boundary of the site. This fall in elevation effectively decreases the overall impact of houses as you travel into the project. • The lots in this subdivision are much larger and wider that those typical of new home subdivisions in the Tucson metropolitan area. Therefore, this subdivision as it builds out will have a more open, less dense feel. Letter to Jim DeGrood Page 3 of 3 April 25, 2003 • The two story houses have a smaller "footprint" on the lots, and although they are taller, they provide more overall open areas on the lots, and therefore provide larger viewsheds across the sites than the single story homes. Additionally, to further ensure that this height increase does not unduly impact any surrounding property owners, we are proposing the following restrictions: • No two units of the same color and elevation will be allowed side by side, to further break up and vary the streetscape. • No two models with the same elevation will be allowed to be place side by side. • None of the models in question would be placed on Lots 1 -10 and 124, which are the lots along Hartman directly across the street from the single story homes in Countryside Ridge. (The Countryside Ridge lots are already elevated above the street level, which further helps mitigate any impact to these neighbors.) Attached is a brief viewshed analysis, which includes an aerial photo and a series of view photos taken around the perimeter of the site. Also attached are illustrations of the models and elevations in question. These models and elevations have been built in Oro Valley at the Villages of La Canada, if you would like to see the built product. �7 �a Please let me know if you need further information to evaluate this request. Thank you for your consideration. Sincerely, i Linda S. Mora es, AICP Principal MODEUELEVATION COMBINATIONS EXCEEDING 25' Standard 8' Plate 9' Plate' - MODEL B �F',. C .; .D' A g C D Adobe 1293 1558 1669 1921 Sonoran 2006 2121 2317 25'9.5" 2609 26'5" 1 26'5 2790 25'5" 25'. 26' 11" 26' 11" Acacia 1582 1672 2045 2166 2483 Hacienda 2245 2594 2760 25' 11" 25'11" 25'11" 25'11" 2886 3090 26'5 25' 11 26'1 26' 5" Total Possible Model /Elevation Combinations 152 Total Exceeding 25' Height 15 VVLi V VG Se pw. R ay z ;52C - Pri" A 7, 2'0'z V W. Lady Bug Court -AZ 85742 C.'.tlation Jerry: -Nriting this letter to stress our extreme disappointment with the fact the KB Home —anut offer the 9-foot ceiling in their 3090 sq. ft model at the Hartman Vistas site, My sband and I have been looking for a new home for the last couple of years, We have A in several different areas, with several different models and different builders. were always unsuccessful in finding a location and model that we were happy with. . -zNe on the Northwest side of town and wanted to stay in &e same general area. We e, a child and plan to add to our family in the future, therefore needed a house that we we, could be comfortable in for many years to come. Our current home is wonderful, -t ixe needed more space and a bigger backyard, We have cone to appremate our 4,'tl - into someone else's borne -d ceilings in our current home, especially when we walk int as an 8-foot ceiling and feel a little cramped. This is one of the many features we been tying to find in the various models we toured in the past couple of years. -- -ugh we have always liked -ed KB Homes and their models are all very nice, we had not able to find the 'perfect" model and plan for us with all of the options we desired. headed out to Vail for a look at some other models that had not been available "Jur side of town. We fell in love with the 3090 sq. ft. model. It was absolutely Rudfai. The model had all the extra space we rieeded, plenty of storage, a big kitchen, the 9-fool ceiling that seemed to open up the downstairs quite a bit more than an 8- ceiling would have. When Hartman Vistas opened, we were thrilled to find out that -u were offering the 3090 model. After finding a lot we wanted, we decided that this he house for us. Then, much to our surprise and disappointment, we were informed the 9-foot ceiling was not an option at the Kutuan Vistas 'Location, understand that KB Home is tying to work with the City o to come to some -mromise, or to make some adjustment to the plan of the house- A one foot difference eiing may not seem like a big deal to decide NOT to purchase a home, but it is a when not only did we fall in love with the model that had the 9 -foot ceiling, but ffin Joy w; -:re willing to pay the extra amount to get the home that we want and w311 en, ith z il IV and friends. We will not buv a new home that we have to settle on and will m happy with, We have even mentioned that we would be willing to continue with 'Q , pi—chase if KB could do an 8-foot 10-inch ceiling. If the decision comes down to an of c ceiling or nothing, we may very well decide to find another home with another - der. )XTe do hope KB can resolve this matter- I believe it will make several new .'.'.rn;fBuyers very happy. We hope this can be resolved and can continue doing business KB Home. e L fcourt April 6, 2003 Dear Ms. Julie Turner, We are prospective residents at Hartman Vistas CKB home). We are in the process of planning out the construction of our new home. We were informed that the nine foot ceilings are restricted according to the Marana County Restriction Code. The 9 -foot ceiling option would make our home over the 25 -foot height restriction on the homes, therefore making our home 2 inches over the height restriction. We also have been notified that 3 out of the 4 prospective residents are requesting the 9 -foot ceilings. Because of the demand of the 9 -foot ceilings and the fact that our home would only be 2 inches over the height restriction, we hope that the option of the 9 -foot ceilings can be offered to us. Sincerely, • Rob and Pat reuer I s' L L ;� II Ii ^` APR E �� 5 o . w 4337 W, ;V&utfWim s l7w-w. Aepaa 85741 (520) 57 1 9- 8965 April 6, 2003 To Whom It May Concern: As you are aware we are purchasing a model 3090 at Hartman Vistas, which is located in Marana, Arizona. We understand that due to Marana building restrictions„ we are unable to have the 9' ceiling option in our home. We feel this will greatly affect the property value of our home. We have added a considerable amount of upgrades to our home and are concerned that other houses in the neighborhood with the 9' ceilings will be more desirable for resale purposes. Our :family is a tall family and we entertain frequently. We have made all of the cabinets and counters at the executive height for this reason. We feel that the 9' ceiling will greatly enhance these things and look much more normal. We would very much appreciate if KB Home would consider creating a means to make this option available to us. Thank you for your time and consideration. Please feel free to contact us with any questions or comments. Sincer , • Chris and Cari Kimminau Hartman Vistas " Sonoran Series" 9 ' Plate Exceeds 25' P L A N 2 3 5 2 3 1 7 2,317 SQUARE FEET 3 BEDROOMS •' .`��y�rr X 2 BATHS LIVING ROOM � "• FAMILY ROOM DINING ROOM y� -- KITCHEN s – U NOOK DEN LOFT ELEVATION A GARAGE OPTIONS •L BEDROOM 4 AT LOFT o BEDROOM 5 WITH BATH 3 AT DEN � -� a;. �';% o \ Surd DOUBLE LAVS. AT MASTER BATH DOUBLE LAVS. AT BATH 2 I' MI ti.• s MASTER BATH WITH GARDEN TUB • MASTER BATH WITH SEPARATE SHOWER POWDER AT STORAGE __— IREPLACE AT FAMILY t I � �[REPLACE AT MASTER BEDROOM _ � - KITCHEN ISLAND :'�•b.,�• f 0 " • if.. ENLARGED GARAGE ELEVATION B DECKS COVERED PATIOS i' 173 ;{ A r-- - t i p s 1,, y• _ '�.� F i n �•� 7 r ra Z-14 "- _- �.__.._._- ' - ®.:. IL I -u~y. 3• wr[ _ • ELEVATION D ELEVATION C 1-888-0-HOMES kbhome.com and 103 KB HOME Inc. Free mortgage analysis and credit report is a preliminary credit report. When you apply for a loon, a more detailed residential credit report will be required. KS HOME Inc. :eves the right to change floorplan specifications, prices, financing, terms and availability without prior notice and may vary by neighborhood, lot location and home series. Not all plans may be placed every lot and availability is determined by KS HOME Inc. Stated price may not include lot premiums and options shown by artist rendition. All homes subject to prior sole. Special wall and window atments, custom point colors, photographs, upgraded floor coverings, landscaping, custom designed walks and patio treatments and many other items featured in and around the model homes are dec- ator suggested, ore not included in the purchase price and ore not available for purchase from KB HOME Inc. Windows, columns, porches, and posts may vary per elevation and predetermined home s. Renderings and floorplons are artist's conception; square footage is approximate and based upon architectural design; area may vory according to construction; landscaping shown is not standard. •ase see your Sales Representative for further details. 235.2317 - 3/5/03 Hartman Vistas „ 9' Plate Exceeds 25' Sonoran Serie a .. P L A N 2 3 5 2 6 0 9 2,609 SQUARE FEET 4 BEDROOMS 2 BATHS LIVING ROOM FAMILY ROOM -- -- -- - - _ - -- °�� j - -- DINING ROOM KITCHEN ELEVATION A NOOK GAMEROOM GARAGE OPTIONS _ , DOUBLE LAVS. AT BATH 2 �' ..r Y om. / 00 — s . DOUBLE LAVS. AT MASTER BATH MASTER BATH WITH GARDEN TUB z = Z ' MASTER BATH WITH SEPARATE SHOWER �. POWDER AT STORAGE +; =: i joo FIREPLACE AT FAMILY ® FIREPLACE AT MASTER BEDROOM ® ENLARGED GARAGE - w� - ,• DECKS - �•3. >�•:.. - ® ,.a COVERED PATIOS ELEVATION B 9 Plate Exceeds 25' Zvi y�aL pu �I: r Ll ` YL - - -- - - - -- ELEVATION D ELEVATION C 14H M EW U I 1 - 888 -KB -HOMES kbhome.com :P and ® 2003 KB HOME Inc. Free mortgage analysis and credit report is a preliminary credit report. When you apply for a loan, a more detailed residential credit report will be required. KB HOME Inc. reserves the right to change floorplon specifications, prices, financing, terms and ovoilability without prior notice and may vary by neighborhood, lot location and home series. Not all plans may be placed on every lot and avoilability is determined by KB HOME Inc. Stated price may not include lot premiums and options shown by artist rendition. All homes subject to prior sole. Special wall and window treatments, custom point colors, photographs, upgraded floor coverings, landscaping, custom designed walks and patio treatments and many other items featured in and around the model homes are dec- orator suggested, are not included in the purchase price and ore not o�oilable for purchase from KB HOME Inc. Windows, columns, porches, and posts may vory per elevotion and pre- determined home site. Renderings and Boorplons are artist's conception; square footage is approximate and based upon architectural design; area may vary according to construction; landscaping shown is not standard. Please see your Sales Representative for further details. 235.2609 - 3/5/03 H a rtma n Vistas Both Standard and 9 Plate i "Sonoran Series" Exceed 25' P L A N 2 3 5 2 7 9 0 2,790 SQUARE FEET 4 BEDROOMS 2 BATHS LIVING ROOM FAMILY ROOM DINING ROOM — d t KITCHEN NOOK *- - - - -�L DEN�:�" LOFT ELEVATION A GARAGE OPTIONS BEDROOM 5 WITH BATH 4 AT LOFT BEDROOM 6 WITH BATH 3 AT DEN y •� DOUBLE LAYS. AT BATH 2 - DOUBLE LAVS. AT MASTER BATH r, o-• s a MASTER BATH WITH GARDEN TUB • ' �j O MASTER BATH WITH SEPARATE SHOWER _ � � iii, BATH 2 WITH GARDEN TUB POWDER AT STORAGE " * °•=� " `o FIREPLACE AT FAMILY FIREPLACE AT MASTER BEDROOM - - -- KITCHEN ISLAND " EXTENDED GARAGE ENLARGED GARAGE ELEVATION B DECKS COVERED PATIOS Both Standard and 9 Plate ELEVATION D ELEVATION C Exceed 25 /i ik 1-888-KB-HOMES 0 kbhome.Com ® and ® 2003 KB HOME Inc. Free mortgage analysis and credit report is a preliminary credit report. When you apply for o loan, o more detailed residential credit report will be required. KS HOME Inc. reserves the right to change floorplon specifications, prices, financing, terms and availability without prior notice and may vary by neighborhood, lot location and home series. Not all plans may be placed on every lot and availability is determined by KB HOME Inc. Stated price may not include lot premiums and options shown by artist rendition. All homes subject to prior sale. Special wall and window treatments, custom paint colon, photographs, upgraded floor coverings, landscaping, custom designed walks and patio treatments and many other items featured in and around the model homes ore dec- orator suggested, are not included in the purchase price and are not available for purchase from KB HOME Inc. Windows, columns, porches, and posts may vary per elevation and pre - determined home site. Renderings and floorplans ore artist's conception; square footage is approximate and based upon architectural design; area may vary according to construction; landscaping shown is not standard. Please see your Sales Representative for further details. 235.2790 - 3/5/03 ...A. Hartman Vistas "Hacienda Series" P L A N 2 4 0 2 7 6 0 2,760 SQUARE FEET 4 BEDROOMS 9' Plate Exceeds 25' 2 BATHS LIVING ROOM FAMILY ROOM •�' k DINING ROOM KITCHEN NOOK LOFT GARAGE _ OPTIONS -': `A� °• - �- `.x BEDROOM 5 AT LOFT ELEVATION A ENLARGED BEDROOMS POWDER AT STORAGE KITCHEN KITCHEN ISLAND 9' Plate Exceeds 25' DOUBLE LAVS. AT BATH 2 DOUBLE LAVS. AT MASTER BATH r ` �e MASTER BATH WITH GARDEN TUB MASTER BATH WITH SEPARATE SHOWER �' • • B 8 8? FULL HEIGHT WALL BETWEEN FAMILY AND NOOK FULL HEIGHT WALL BETWEEN FAMILY AND DINING �` FIREPLACE AT FAMILY��� FIREPLACE AT MASTER BEDROOM ENLARGED GARAGE COVERED PATIOS ELEVATION B DECKS 9' Plate Exceeds 25 go Plate Exceeds 25' • 1 • y � s 4 �;' •?rFt a � e � 'vr: j �r } r vyry a ELEVATION D ELEVATION C 1-888-KB-HOMES . kbhome.com ®ond ® 2003 KB HOME Inc. Free mortgage analysis and credit report is a preliminary credit report. When you apply for a loan, a more detailed residential credit report will be required. KB HOME Inc. reserves the right to change floorplan specifications, prices, financing, terms and availability without prior notice and may vary by neighborhood, lot location and home series. Not all plans may be placed on every lot and availability is determined by KB HOME Inc. Stated price may not include lot premiums and options shown by artist rendition. All homes subject to prior sale. Special well and window treatments, custom point colors, photographs, upgraded floor coverings, landscaping, custom designed walks and patio treatments and many other items featured in and around the model homes are dec. orator suggested, are not included in the purchase price and are not available for purchase from KB HOME Inc. Windows, columns, porches, and posts may vary per elevation and pre- determined home site. Renderings and floorplons are artist's concepfion; square footage is approximate and based upon architectural design; area may vary according to construction; landscaping shown is not standard. Please see your Soles Representative for further details. ��� ,� 240.2760 - 2/26/03 ��. Hartman Vistas "Hacienda Series" 9' Plate Exceeds 25' P L A N 2 4 0 3 0 9 0 3,090 SQUARE FEET L 4 BEDROOMS y = , 2 BATHS LIVING ROOM ,. FAMILY ROOM DINING ROOM KITCHEN NOOK ELEVATION A GAMEROOM GARAGE i OPTIONS 9' Plate Exceeds 25' KITCHEN POWDER AT STORAGE •L DOUBLE LAYS. AT BATH 2 P .••�' DOUBLE LAYS. AT MASTER BATH MASTER BATH WITH GARDEN TUB MASTER BATH WITH SEPARATE SHOWER • y 4 FIREPLACE AT FAMILYft'.z. STORAGE AT GAMEROOM ®O ENLARGED GARAGE ELEVATION B DECKS COVERED PATIOS h� 9' Plate Exceeds 25 9' Plate Exceeds 25' it ea­ 4 'K..tw� j ELEVATION C ELEVATION D i� �l 1- 888 -KB -HOMES kbhome.com ®and ®2003 KB HOME Inc. Free mortgage analysis and credit report s a preliminory credit report. When you apply for a loan, a more detailed residential credit repor will be required. KB HOME Inc. 4 otice and may vary by neighborhood, lot location and home series. Not all plans may d placed reserves the right to change floorplan specifications, prices, financing, terms and availability without prior n dow on every lot and availability is determined by KB HOME Floor cove npnclandscopin include ustom desi designed walksc ndoptions patio treatments and many featurred and around the mode homes ho are artist treatments, custom paint colors, photographs, upgraded gs. g' g p orotor suggested, are not included in the purchase price and are not available for purchase from KB HOME Inc. Windows, columns, porches, and posts may vary per elevation and pro- determined home site. Renderings and floorplan are artist's conception; square footage is approximate and based upon architectural design; area may vary according to construction; landscaping shown is not standard. 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Kelle Maslyn be appointed to replace Ms. Patricia Collins on the committee. Ms. Maslyn, former director of the Marana Chamber of Commerce, recently replaced Ms. Collins as Corporate Affairs Manager for Comcast Cable Communications. If appointed, Ms. Maslyn's term will expire in March 2005. RECOMMENDATION: Staff recommends the adoption of Resolution 2003 -59, appointing Ms. Kelle Maslyn to the Town of Marana Business Advisory Committee. SUGGESTED MOTION: I move to approve Resolution No. 2003 -59. FINANCE/RC /05/27/2003/6:38 PM MARANA RESOLUTION NO. 2003-59 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING THE APPOINTMENT OF PATRICIA COLLINS TO THE MARANA BUSINESS ADVISORY COMMITTEE. WHEREAS, the Business Advisory Committee has been created by the Town Council to meet and advise the Town Council on business concerns within the Town; and WHEREAS, the Town Council desires to fill one (1) seat and appoint Kelle Maslyn to a term that will expire in March of 2005. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that Kelle Maslyn shall be appointed to the Business Advisory Committee with a term of office to expire in March of 2005. • PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3 rd day of June 2003. Mayor Bobby Sutton, Jr. ATTEST: Jocelyn C. Entz Town Clerk APPROVED AS TO FORM: Daniel J. Hochuli As Town Attorney and not personally TOWN COUNCIL TOWN MEETING- OF INFORMATION MARANA DATE: June 3, 2001 AGENDA ITEM: IX. A. 9 TO: Mayor and Council FROM: Brad DeSpain, Utilities Director SUBJECT: Resolution No. 2003 -62 Intergovernmental Agreement (IGA) with the City of Tucson for groundwater modeling on the Santa Cruz River for the Tres Rios del Norte project. DISCUSSION: The City of Tucson and the Town of Marana are participating in the Tres Rios del Norte project with Pima County and the United States Army Corps of Engineers. The Tres Rios del Norte Project was adopted by Town of Marana's Mayor. and Council in September of 2001. This project will assess potential environmental enhancements along a reach of the Santa Cruz River between Prince Road and Sanders Road. As participants, the City of Tucson and the Town of Marana will jointly contribute to the Tres Rios del Norte Project by developing a groundwater flow model for that reach of the Santa Cruz River that will establish baseline groundwater conditions; simulate effluent recharge; and the City of Tucson and the Town of Marana hereby intend to apportion the costs of evaluating groundwater in this study area through an Intergovernmental Agreement (IGA). The City of Tucson awarded a contract to Errol L. Montgomery and Associates to develop a groundwater flow model to evaluate effluent recharge in the Santa C ruz R iver. T he C ity o f Tucson has overseen the development of the groundwater flow model pursuant to the terms of the Errol Montgomery Contract. City of Tucson has maintained a file containing all correspondence and documents pertaining to the administration of the Errol Montgomery Contract and had made these documents available to Town of Marana. The share of the total contract cost allocated to the Tres Rios del Norte project task is $126,237.00. The City of Tucson shall be responsible for fifty percent (50 %) of these costs, and Marana shall be responsible for the other fifty percent (50 %) of these costs. The total cost that Town of Marana shall be responsible for is $63,118.00. The Town of Marana shall reimburse the City of Tucson for fifty percent (50 %) of the cost of tasks attributable to the Tres Rios del Norte Project by June 30, 2003. RECOMMENDATION: Staff recommends that the Mayor and Council approve Resolution No. 2003 -62, accepting and authorizing the approval of the IGA with the City of Tucson for groundwater modeling on the Santa Cruz River for the Tres Rios del Norte project. SUGGESTED MOTION: I move that the Mayor and Council adopt Resolution No. 2003 -62. 05/27/20036:40 PM MARANA RESOLUTION NO. 2003-62 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA, ACCEPTING AND AUTHORIZING THE APPROVAL OF THE INTERGOVERNMENTAL AGREEMENT (IGA) WITH THE CITY OF TUCSON FOR GROUNDWATER MODELING ON THE SANTA CRUZ RIVER FOR THE TRES RIOS DEL NORTE PROJECT. WHEREAS, the City of Tucson and the Town of Marana are participating in the Tres Rios del Norte project with Pima County and the United States Army Corps of Engineers; and WHEREAS, the Tres Rios del Norte Project was adopted by Town of Marana's Mayor and Council in September of 2001; and WHEREAS, the City of Tucson and the Town of Marana will jointly contribute to the Tres Rios del Norte Project by developing a groundwater flow model for that reach of the Santa Cruz River that will establish baseline groundwater conditions; simulate effluent recharge; and the City of Tucson and the Town of Marana hereby intend to apportion the costs of evaluating groundwater in this study area through an Intergovernmental Agreement (IGA); and WHEREAS, the City of Tucson awarded a contract to Errol L. Montgomery and Associates to develop a groundwater flow model to evaluate effluent recharge in the Santa Cruz River; and WHEREAS, the City of Tucson has overseen the development of the groundwater flow model pursuant to the terms of the Errol Montgomery Contract; and WHEREAS, the City of Tucson has maintained a file containing all correspondence and documents pertaining to the administration of the Errol Montgomery Contract and had made these documents available to Town of Marana; and WHEREAS, the share of the total contract cost allocated to the Tres Rios del Norte project task is $126,237.00 and the fifty percent (50 %) that Town of Marana shall be responsible for is $63,118.00; and WHEREAS, The Town of Marana shall reimburse the City of Tucson for fifty percent (50 %) of the cost of tasks attributable to the Tres Rios del Norte Project by June 30, 2003; and — Page 1 of 2 05127/20037:29 PM Marana, Arizona Resolution No. 2003 -62 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, accepting and authorizing the approval of the Intergovernmental Agreement with the City of Tucson for groundwater modeling on the Santa Cruz river for the Tres Rios del Norte project. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3 rd day of June, 2003. Mayor BOBBY SUTTON, JR. ATTEST: Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Daniel J. Hochuh As Town Attorney and not personally Page 2 of 2 05/27/20037:29 PM Marana, Arizona Resolution No. 2003 -62 4 TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: June 3, 2003 AGENDA ITEM: IX. A. 10 TO: Mayor and Council FROM: Brad DeSpain, Utilities Director SUBJECT: Resolution No. 2003 -57: Approval of Water Development Agreement Between Town of Marana and Flowing Wells Irrigation District for the development of additional infrastructure facilities to benefit both entities. DISCUSSION: The purpose of this Water Development Agreement between the Town of Marana (Town) and the Flowing Wells Irrigation District (FWID) is to provide for cooperation between the Town and FWID for the purpose of providing renewable water supplies to the parties' customers and to provide for cooperation in the development of infrastructure to aid in serving water customers in the northwest area. Flowing Wells Irrigation District serves a relatively small geographic area in northwest Tucson, which service area is substantially built out. FWID has excess renewable water supply capacity through a subcontract among the Central Arizona Water Conservation District and United States. Among other things, this agreement will permit Town and FWID to participate in infrastructure planning efforts so that the Town can purchase the excess Central Arizona Project allocation of FWID. RECOMMENDATION: Staff recommends approval of the agreement between the Town and Flowing Wells Irrigation District for the construction of water facilities and the provision of renewable water utility supplies to the Town's northwest service area. SUGGESTED MOTION: I move to approve Resolution No. 2003 -57. UTIIJCBD /JCB 05/27/036:35 PM - Resolution No. 2002 -03 2 • MARANA RESOLUTION NO. 2003-57 A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA, AUTHORIZING THE TOWN TO ENTER INTO A DEVELOPMENT AGREEMENT WITH FLOWING WELLS IRRIGATION DISTRICT FOR THE DEVELOPMENT OF ADDITIONAL INFRASTRUCTURE FACILITIES TO BENEFIT BOTH ENTITIES. WHEREAS, the Flowing Wells Irrigation District ( "FWID") possesses an excess supply of renewable water; and WHEREAS, the Mayor and Council of the Town of Marana have determined that obtaining additional water from the FWID would benefit the Town and its residents, by increasing the Town's renewable water supply; and WHEREAS, the Mayor and Council have determined that, in order to gain access to excess water provided by the FWID, certain infrastructure must be developed; and WHEREAS, the FWID wishes to assist the Town in developing such infrastructure; and WHEREAS, the Mayor and Council have determined that cooperating with the FWID in developing infrastructure to supply additional renewable water to the Town is in the best interest of the Town and its residents; and WHEREAS, the staff of the Town and the staff of the FWID have developed a Water Development Agreement, attached hereto as Exhibit "A" and incorporated herein by this reference, which will permit Town and the FWID to participate in infrastructure planning efforts and allow the Town to purchase the excess Central Arizona Project water from FWID. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Mayor is authorized to execute the Water Development Agreement, attached hereto as Exhibit "A" and incorporated herein by this reference. Marana, Arizona Resolution No. 2003 -57 Page 1 of 1 t t • PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3 rd day of June, 2003. Mayor Bobby Sutton, Jr. ATTEST: Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Hochuli & Benavidez, P.C. As Town Attorney and not personally Manna, Arizona Resolution No. 2003 -57 Page 2 of 1 WATER DEVELOPMENT AGREEMENT BETWEEN TOWN OF MARANA and FLOWING WELLS IRRIGATION DISTRICT This Agreement is between the Town of Marana, an Arizona municipal corporation ( "Town "), and Flowing Wells Irrigation District, an Arizona municipal corporation ( "FWID"), effective this day of , 2003. RECITALS A. The purpose of this Agreement is to provide for cooperation between the Town and FWID for the purpose of providing renewable water supplies to the parties' customers and to provide for cooperation in the development of infrastructure, including transmission mains, treatment plants, recharge facilities and other facilities which will mutually benefit the Town and FWID. B. The Town serves a service area which includes a rapidly growing area of the northwestern metropolitan Tucson area. The Town is in need of additional renewable water sources and anticipates construction of substantial additional infrastructure facilities in the near future to serve its customers. C. FWID serves a relatively small geographic area in northwest Tucson, which service area is substantially built out and which is not anticipated to experience any significant additional growth. D. FWID has excess renewable water supply capacity through a subcontract among the Central Arizona Water Conservation District ( "CAWCD ") and the United States. _ 1 Therefore, the parties agree as follows, 1. Incorporation of Recitals. The foregoing recitals are incorporated into this Agreement. 2. Definitions 2.1. "Infrastructure ": The physical plant and facilities including pipelines, treatment plants, pump stations and other physical facilities. 2.2. "Planned activities ": The activities described conducted by the parties related to water and recharge. 2.3. "Recharge Program ": A plan for putting water into the ground for subsequent recovery by physical means or by law. 3. Infrastructure Planning FWID and Marana will participate in Infrastructure planning efforts for the delivery of Central Arizona Project ( "CAP ") water into the northwest portion oft he Tucson Active Management Area, which planning efforts may also include the Metropolitan Water District ( "Metro "), the Town of Oro Valley ( "Oro Valley "), the U.S. Bureau of Reclamation ( "USBR ") the Town and FWID. The planning shall include proposed pipeline and pump station construction for the purposes of ultimate delivery of CAP water. In the future, planning may include a CAP treatment plant to be constructed in the northwest region and planning for possible terminal storage, which would be part of a separate process. This Agreement is limited to the planning, design and construction of pipeline and pumping facilities (Infrastructure)? anticipated to be required to deliver CAP water to Marana and FWID customers. 4. Infrastructure Construction and Operation. The Town's and FWID's financial participation in the Planned Activities within the Town is to be determined, but shall be based upon the following provisions: 2 4.1 For construction projects, in which FWID agrees to p articipate, F WID's costs of such (Infrastructure) shall be the cost of any facilities constructed specifically and solely for FWID's use plus the increased costs for the upsizing of any Shared Facilities which are upsized to meet the needs and capacity requirements of FWID, including CAP related treatment and storage facilities. 4.2 FWID shall pay its proportionate costs of pumping, routine maintenance and operationof infrastructure which are utilized to deliver water to FWID and reasonable administrative costs based upon the percentage of FWID's water delivered as it bears to the total amount of water delivered through said infrastructure. 4.3 FWID shall pay its proportionate cost of repair, replacement of components, and reconstruction of infrastructure which are utilized to deliver water to FWID and reasonable administrative costs based upon the percentage of FWID's capacity as it bears to the total capacity of the infrastructure. 5. Lease of CAP Water. FWID agrees to lease to the Town up to 4,354 acre feet of its CAP allocation for fiscal year 2002 -2003. The amount of water delivered to the Town shall be determined at the Town's sole discretion, subject only to its availability for delivery as determined by CAWCD. 6. CAP Lease Price. The lease price for the FWID CAP leased water shall be the total costs charged calculated on a per acre -foot basis to FWID by the Central Arizona Water Conservation District in the year of delivery. The lease price shall include the cost of water and capital charges calculated on a per acre -foot basis attributable to the delivered leased water subject to the lease for the year in which the lease delivery occurs. 3 7. CAP Lease Duration. It is the intention of this Agreement to allow the Town to continue to lease FWID's CAP allocated water on a year -to -year basis, subject to approval of the Town Council and the FWID Governing Board. 8. CAP Water Allocation Transfer FWID will cooperate and assist Town in securing a permanent transfer of a portion of FWID CAP water allocation as hereinafter described. FWID agrees to make available for permanent transfer to the Town until June 30, 2007, up to an aggregate of 1,500 acre feet of CAP water and to cooperate to allow the Town to apply within said time to CAWCD and the Arizona Department of Water Resources ( "ADWR ") for jurisdictional and required approval by these entities to permanently transfer up to an aggregate of 1,500 acre feet of FWID's CAP allocation to the Town. If the Town makes an application for transfer of up to 1,500 acre feet of CAP FROM FWID as provided in this Paragraph 7, the Town shall be entitled to pursue approval, total or incrementally, of such transfer so long as the Town pursues all necessary approvals with reasonable diligence. 9. Reimbursement. At such time as CAWCD, USBR and ADWR approvals of FWID CAP allocation transfers are received, the Town shall thereafter reimburse FWID's capital investment in the transferred CAP allocation, together with CAP associated interest, administrative, engineering and legal costs actually incurred to the extent payment of such costs are approved by CAWCD for reimbursement. 10. Recharge. FWID intends to apply to ADWR for an Assured Water Supply (as defined by law) at such time as FWID determines such action to be in its best interest. Within one year after receiving regulatory designation of an Assured Water Supply, FWID will begin a Recharge Program. 4 11. Recharge Program Cost. The Town agrees to assist FWID in establishing its Recharge Program, as well as future water recovery programs, at the lowest possible cost to FWID consistent with allocated cost principles. 12. Use of Water Transmission Facilities. The Town agrees to allow FWID to transport CAP water through future CAP water transmission facilities constructed pursuant to this Agreement, including facilities jointly owned and operated by the Town and third parties to the extent of Town's control over such facilities, for the purpose of delivery of CAP water to FWID's service area. The Town shall retain control over all of its own facilities, including those facilities to which FWID has contributed to the construction costs, so long as Marana provides delivery of FWID water as provided herein. 12.1 Scheduling of deliveries to FWID. The Town shall have the right determine and operate the schedule of delivery of CAP and recharge water to FWID so long as such deliveries are made on a daily basis. CAP and recharge water deliveries may be made during off hours for purposes of obtaining favorable power costs or to minimize required facilities capacity. The Town agrees to charge FWID only the actual prorated cost of power, maintenance administration and operation based upon the relationship of the quantity of FWID CAP and recharge water as it bears to the total quantity transported through the facilities. 13. Recharge Recover Cooperation with CMID. The Town will assist FWID to work with CMID and the Marana/CMID Trust to establish a program for recharge recovery. 14. Execution of Documents. FWID agrees to cooperate fully and execute such documentation as may be necessary to complete the annual lease of CAP water and one or more 5 applications by the Town for approval of the permanent transfer of a portion up 1,500 acre feet of FWID's total CAP allocation to the Town. 15. Cooperation. The parties agree to cooperate to the extent that such cooperation is not inconsistent with the best interests of the parties' customers to carry out provisions of this Agreement. FWID agrees to support, cooperate and take all reasonable actions required to facilitate the Town's annual lease of CAP water and its application(s) for permanent transfer of a portion of its total allocated CAP water. If, t hrough n o t ault o f F WID, a 11 o r a ny p art o f t he Town's application(s) for transfer is denied by any authority having jurisdiction, such denial shall not constitute a breach by FWID nor excuse Marana from any of its obligations hereunder. 16. Amendments. This Agreement may be modified only by written amendment signed by the Town and FWID. Amendments shall be executed in duplicate with the same formalities as this Agreement. Executed duplicate copies of any amendment shall be provided to both parties. 17. Requirements of Law. Each provision of law and any term required by law to be in this Agreement are part of this Agreement as if fully stated herein. 18. Termination for Cause. The Town or FWID may terminate this Agreement at any time with cause after giving forty-five (45) days written notice of termination, unless such cause is cured by the other parry within such forty -five (45) day period from notice. The notice shall be in writing delivered to the authorized representatives of the Parties and shall specify the alleged breach and state the effective date of termination. 19. Assignment Neither party may assign or delegate any right or obligation under this Agreement without the express written prior consent of the other party. 6 20. Term. This Agreement shall become effective on the date signed by the parties and shall remain in effect for fifty (50) years or until terminated under paragraph 17 or by mutual agreement of the parties. 21. No Indemnity. Neither party to this Agreement agrees to indemnify the other party or hold harmless the other party from liability hereunder. 22. Party Representatives. Each party to this Agreement shall designate a representative. Either party to this Agreement may designate a new representative by filing a notice with the other party without amending this Agreement. Notices, correspondence, invoices, payments and reports from the Town shall be sent to: Superintendent Flowing Wells Irrigation District Attn: W. David Crockett 3901 N. Fairview Avenue Tucson, AZ 85705 -2699 Notices, correspondence, invoices and payments from FWID shall be sent to: Manager Utilities Department Town of Marana Attn: Brad DeSpain 12775 N. Sanders Road Marana, AZ 85653 23. No Relationship. The parties agree that there is no partnership, joint venture, business enterprise, agency or similar relationship between the Town and FWID, and this Agreement creates no such relationship. 24. Severability. The provisions of this Agreement are severable to the extent that any provision or application held to be invalid shall not affect any other provision or application of the Agreement, which shall remain in effect without the invalid provision or application. 7 25. Audit of Records. Each party shall retain and shall contractually require each contractor employed by a party to retain all data, books and other records supporting any costs incurred, where reasonable and necessary ( "Records "), for a period of five (5) years after completion of the Agreement. All Records shall be subject to inspection and audit at reasonable times upon written request. 26. Cancellation for Conflict of Interest. Pursuant t o A.R. S. § 3 8 -511, the S tate o f Arizona, its political subdivisions or any department or agency of either, may, within three (3) years after its execution, cancel this Agreement without penalty or further obligation if any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the State of Arizona, its political subdivisions or any of the departments or agencies of either is, at any time while this Agreement or any extension of this Agreement is in a effect, an employee of or an agent to any parry to this Agreement in any capacity or a consultant to any party of this Agreement with respect to the subject matter of this Agreement. A cancellation made pursuant to this provision shall be effective when the other party receives written notice of the cancellation, unless the notice specifies a later time. 27. Non - Discrimination. Both parties shall comply with Executive Order 99 -4, which mandates that all persons, regardless of race, color, religion, sex, age, national origin or political affiliation, shall have equal access to employment opportunities and all other acceptable State and Federal employment laws, rules and regulations, including the Americans with Disabilities Act. Both parties shall take affirmative action to ensure that applicants for employment and employees are not discriminated against due to race, creed, color, religion, sex, national origin or disability. _ 8 . 28. Applicable Law. This Agreement shall be governed and interpreted by the laws of the State of Arizona. TOWN OF MARANA FLOWING WELLS IRRIGATION DISTRICT By: By: Its: Its: APPROVED AS TO FORM: For Town of Marana For Flowing Wells Irrigation District • FAI645\Documents\Marana -FWID Water Agreement -5 -28-03 clean.doc • 9 TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: June 3, 2003 AGENDA ITEM: IX. B. 1 TO: Mayor and Council FROM: Joel D. Shapiro, Planning Director SUBJECT: PUBLIC HEARING: Ordinance No. 2003.11 - The Estate Lots at Tortolita Preserve Specific Plan Request to rezone approximately 72.6 acres of mostly vacant land from "AG" (Agricultural) t o Z one "F" ( Specific P Ian); c reating T he E state L ots a t T ortolita Preserve Specific Plan. The subject property is located at the northeast corner of Moore Road and Wild Burro Road, within Section 26, Township 11 South, Range 12 East. DISCUSSION: This request was presented to the Planning Commission on February 26, 2003 and March 26, 2003. At those meetings the applicant requested a continuance citing reasons related to outstanding issues among the neighborhood around the subject property. At the April 30, 2003 Planning Commission meeting the applicant presented his project and stated that he had worked with the surrounding neighbors and the outstanding issues had been resolved. The Planning Commission voted 6 -1 (Commissioner Condit dissenting) to recommend approval, subject to nineteen conditions recommended by staff. The Estate Lots at Tortolita Preserve, LLC is requesting the approval of a rezoning for a 72.6 -acre site to develop a gated residential neighborhood with no more than 25 site -built homes. The subject area is located at the northeast corner of Moore Road and Wild Burro Road within Section 26, Township 11 South, Range 12 East. The subject area is comprised of eleven contiguous properties that were all annexed into the Town in 2001 as part of the Section 26 Annexation (Ordinance No. 2001.21) and were translationally zoned "AG" Agricultural at the time. The purpose of "AG" zoning is to protect agricultural lands in their present character from incompatible 1 and u ses; t he "AG" a Mows f or a s ingle r esidence p er p arcel, p rovided the parcel is 5 acres or greater. Approval of this rezoning would in effect recommend Town Council to rezone the subject area to "F" Specific Plan. The purpose of "F" zoning is to provide functionality and creativity in site planning and design. The Estate Lots at Tortolita Preserve Specific Plan integrates several unique design and development regulations supportive of the site's natural resources and conducive to a cohesive neighborhood. Essentially, this Specific Plan will create a 2.5 acre zoning district which minimizes total site disturbance. The Plan's Development Regulations include standards for street designs that promote water harvesting. The regulations also allow for an unusually long cul -de -sac which also minimizes total site disturbance. The Town of Marana General Plan Update, ratified March 11, 2003, designates the subject area as Rural Density Residential (RDR). The RDR is intended to preserve environmentally sensitive lands and recommends a maximum density of one home per 2 acres. The proposed Specific Plan is consistent with the General Plan's land use density recommendation. • Most of the property in the immediate area is vacant or privately owned residential sites. The subject area is mostly vacant except for private water company facilities which include the manufactured home, pump, well, and storage tank. The subject area slopes to the southwest. Several shallow channels traverse the site. The project will not produce significant drainage impacts to any off -site land use, up- or downstream. Any building located within the 100 -year floodplain will be elevated and stabilized to prevent flood inundation. Water harvesting practices will be utilized to reduce post - development on -site flows. The subject area contains significant natural resources with respect to topography, vegetation, and wildlife. To address the Town's concerns as well as those of the U.S. Fish and Service, the Specific Plan employs various methods to ensure that development procedures appropriate for pygmy owl critical habitat are utilized. The project has established a maximum gross site disturbance of twenty percent. A biological evaluation and formal conservation plan will be executed and will be implemented through the regulations of the subject area's Covenants, Codes, and Restrictions. Further regulation is provided through the proposed Landscape Preservation Plan, as included in the Specific Plan, and the creation of a custodial plan for HOA habitat maintenance responsibilities. The specific criteria for re- vegetation, landscaping, site preparation and design standards related to the Conservation Plan, C.C. &R.'s, Custodial Plan, Landscape Plan, Native Plant Permit, or any others that may impact a natural resource shall be subject to the Town's approval. The applicant has agreed to provide a fee of $1200 per lot that will be imposed to mitigate the effects of the 25 new homes on the Marana Unified School District. No on -site parks will be provided so an in -lieu fee of $1400 a lot will be provided to compensate the • development. An in -lieu fee of $2500 a lot for off site street improvements has also been agreed to. Per condition number 11, these fees have been included in the Specific Plan Utilities section and will be reviewed and accepted by the Town through a Development Agreement. Access to the subject area will be provided via Moore Rd. through a gated entrance approximately 1/8 of a mile east of Wild Burro Rd. All wash crossings will occur as close as possible to the wash's minimum width and at a perpendicular angle. Visitor parking shall be achieved on individual parcels. The local neighborhood streets shall be private and designed to minimize site disturbance in accordance with the Specific Plan Development Regulations. Emergency access will be achieved through Quail Run Rd. to the north of the subject area. The local neighborhood streets will include rolled curbs and a slope easement area to accommodate water harvesting. The right -of -way width will be 42 feet with a 24 foot pavement width. This project is expected to generate 239 daily trips. In September of 2002 the subject area was accepted into the Northwest Fire District; the District will provide service and has indicated that all homes will require sprinkler systems. The subject area will be served by Trico Electric Cooperative, Inc. All lots will utilize on -site septic systems. A private water company will be established and provide service using an on -site well. In total, four trails influence pedestrian and equestrian connectivity around the subject area. The Town of Marana Trail System Master Plan identifies two Marana trails within proximity to the subject area; the Wild Burro Trail and the Tortolita Preserve Trail. The Eastern Pima County Trail System Master Plan identifies two County trails within proximity to the subject area; the County Plan requires the development of these trails through the dedication of a 25' non - motorized public access at the time of platting. This easement shall be reflected in the site's maximum gross disturbance allowance of 20 %. The project shall be limited to 25 lots with a maximum disturbance area of 15,000 square feet per lot. The maximum building height shall b e 3 0 f eet a nd t he in inimum 1 of s ize i s 2.5 acres. All building plans shall be approved by a committee of the HOA and the Town of Marana. Entry monumentation shall be subject to Town Land Development Code. All accessory structures, as listed in the Specific Plan, shall be architecturally harmonious with the main building and compatible with character of the neighborhood. Architectural guidelines shall be set forth in the final C.C. &R.'s, as accepted by the Town prior to final plat approval. The applicant has conducted a neighborhood involvement effort in order to obtain citizen input: Surrounding neighbors and interested parties were invited to an open house held December 10, 2002 at Heritage Highlands. Several of the applicant's consultants were available to answer questions about the project; approximately a dozen neighbors attended the open house. Several subsequent meetings were held between the applicant, the Town, and adjacent neighbors to discuss the impact and compatibility of this project with the rural character of the adjoining neighborhood, these discussions have effectively resolved the issues identified by the adjacent neighbors. Staff has received one letter from the adjoining neighborhood; the letter supports this project and has been attached for the Town Council's review. Recommended Conditions: 1. Compliance with all provisions of the Town's Codes, Ordinances, and policies M of the General Plan current at the time of any subsequent development including, but not limited to, requirements for public improvements. 2. The Town will review and monitor post development disturbance to verify that disturbance is not in excess of 20% of the site's total acreage. 3. The design of all streets and circulation related facilities shall be accepted by the Northwest Fire District prior to the Planning and Zoning Commission's consideration of the preliminary plat. 4. An annual report shall be submitted within 30 days of the anniversary of the Town Council's approval of the Specific Plan; in addition to those requirements listed in the Land Development Code and Specific Plan, the report shall address the performance of the site's permaculture design with respect to drainage. 5. The HOA; as established, and accepted by the U.S.F.W.S and the Town of Marana, to control, maintain, and manage both residential areas and open space, shall implement those recommendations set forth by the Town of Marana and the United States Fish and Wildlife Service. 6. The Town, or an agreeable third party, shall reserve the right for future site inspection for the purposes of habitat monitoring and management. 7. This rezoning is valid for five (5) years from the date of Town Council approval provided that if the developer fails to have a final plat recorded prior to the five years, the property shall revert to the original zoning without further action by the Town Council. 8. A conservation plan shall be developed to manage all opens space areas and undeveloped residential areas and submitted with the preliminary plat. U.S. Fish and Wildlife must approve said plan prior to submittal of the preliminary lat. 9. The Town shall reserve the right to monitor and enforce the habitat management responsibilities of the HOA. 10. The Town shall accept the final Covenants, Codes, and Restrictions prior to Town Council consideration of the final plat. 11. A Development Agreement addressing infrastructure implementation, specifically in -lieu fees for; parks in the amount of $1400 per lot, streets in the amount of $2500 per lot, and schools in the amount of $1200 a lot, is required prior to Town Council consideration of the preliminary plat. The Specific Plan shall be updated through the Utilities section of the Plan prior to Town Council's consideration of the zoning request and Specific Plan adoption to discuss and reflect said fees. 12. The preliminary plat shall show water service responsibility and further state that said provider has received an Arizona Department of Water Resources 100 -year water supply designation. 13. Minor grammar and technical changes as required by the Town of Marana shall be made to the Specific Plan prior to Town Council Consideration of the Specific Plan zoning request. 14. Emergency access points shall be secured by crash gates acceptable to Northwest Fire District. 15. No perimeter or drift fencing is to be installed, unless recommended by U.S. Fish and Wildlife Service, or as necessary to prevent unauthorized vehicular access, and is acceptable to U.S. Fish and Wildlife Service. 16. All graded areas that are not expected to be developed within 6 months shall be hydroseeded or treated with a soil- stabilizing agent. In the event grading occurs and development lags the anticipated schedule, disturbed areas shall be stabilized after 6 months. 17. The preliminary plat shall be in general conformance with the Land Use Concept of the Specific Plan. 18. 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 the 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 hereby advised to retain appropriate expert and or consult with federal and state agencies to determine any action necessary to assure compliance with applicable laws and regulations. 19. The existing C.C.& R.'s for the 80 acre lot split recorded March 2, 1982 shall be amended to stipulate a minimum lot size consistent with this project's tentative land use plan. The amended C.C.& R.'s shall be submitted with the application for preliminary platting. RECOMMENDATION: The Planning Commission and Staff recommend that the Council approve Ordinance No. 2003.11, The Estate Lots at Tortolita Preserve Specific Plan. SUGGESTED MOTION: I move to approve Ordinance No. 2003.11 with the recommended conditions. MARANA ORDINANCE NO. 2003.11 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, APPROVING A REZONE REQUEST BY THE ESTATE LOTS AT TORTOLITA PRESERVE, L.L.C. TO REZONE APPROXIMATELY 72.6 ACRES OF LAND LOCATED WITHIN THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 11 SOUTH, RANGE 12 EAST, AT THE NORTHEAST CORNER OF MOORE ROAD AND WILD BURRO ROAD, FROM "AG" (AGRICULTURAL) TO ZONE "F" (SPECIFIC PLAN); CREATING THE ESTATE LOTS AT TORTOLITA PRESERVE SPECIFIC PLAN. WHEREAS, The Estate Lots at Tortolita Preserve, L.L.C. is the owner of approximately 72.6 acres of land located within the southwest quarter of Section 26, Township 11 South, Range 12 East, at the northeast corner of Moore Road and Wild Burro Road, as depicted on Exhibit "A ", attached hereto and incorporated herein by this reference; and WHEREAS, in reviewing the rezoning request, staff recommended to the Planning and Zoning Commission the approval of the rezoning request subject to several conditions; and WHEREAS, the Marana Planning Commission held public hearings February 26, 2003 and March 26, 2003 and granted continuances requested by the applicant at said meetings thereby extending the public hearing and the Planning Commission's consideration of the request until the April 30, 2003 Planning Commission meeting, and at said meeting voted 6-1 (Commissioner Condit dissenting) to recommend that the Town Council approve said rezone, adopting the recommended staff conditions; and WHEREAS, the Marana Town Council heard from representatives of the owner, staff and members of the public at the regular Town Council meeting held June 3, 2003 and has determined that the rezoning is in conformity with the General Plan and should be approved, subject to conditions. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. The zoning of approximately 72.6 acres located within the southwest quarter of Section 26, Township 11 South, Range 12 East, at the northeast corner of Moore Road and Wild Burro Road, is hereby changed from Zone "AG" (Agricultural) to Zone "F" (Specific Plan); creating The Estate Lots At Tortolita Preserve Specific Plan. Maram Ordinance No. 2003.11 Page 1 Section 2. The purpose of this rezoning is to allow the creation of single family detached homes, 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 Town will review and monitor post development disturbance to verify that disturbance is not in excess of 20% of the site's total acreage. 3. The design of all streets and circulation related facilities shall be accepted by the Northwest Fire District prior to the Planning and Zoning Commission's consideration of the preliminary plat. 4. An annual report shall be submitted within 30 days of the anniversary of the Town Council's approval of the Specific Plan; in addition to those requirements listed in the Land Development Code and Specific Plan, the report shall address the performance of the site's permaculture design with respect to drainage. 5. The HOA; as established, and accepted by the U. S. F. W. S and the Town of Marana, to control, maintain, and manage both residential areas and open space, shall implement those recommendations set forth by the Town of Marana and the United States Fish and Wildlife Service. 6. The Town, or an agreeable third party, shall reserve the right for future site inspection for the purposes of habitat monitoring and management. 7. This rezoning is valid for five (5) years from the date of Town Council approval provided that if the developer fails to have a final plat recorded prior to the five years, the property shall revert to the original zoning without further action by the Town Council. 8. A conservation plan shall be developed to manage all opens space areas and undeveloped residential areas and submitted with the preliminary plat. U.S. Fish and Wildlife must approve said plan prior to submittal of the preliminary plat. 9. The Town shall reserve the right to monitor and enforce the habitat management responsibilities of the HOA. 10. The Town shall accept the final Covenants, Codes, and Restrictions prior to Town Council consideration of the final plat. 11. A Development Agreement addressing infrastructure implementation, specifically in -lieu fees for; parks in the amount of $1400 per lot, streets in the amount of $2500 per lot, and schools in the amount of $1200 a lot, is required prior to Town Council consideration of the preliminary plat. The Specific Plan shall be updated through the Utilities section of the Plan prior to Town Council's consideration of the zoning request and Specific Plan adoption to discuss and reflect said fees. 12. The preliminary plat shall show water service responsibility and further state that said provider has received an Arizona Department of Water Resources 100 -year water supply designation. Maram Ordinance No. 2003.11 Page 2 13. Minor grammar and technical changes as required by the Town of Marana shall be made to the Specific Plan prior to Town Council Consideration of the Specific Plan zoning request. 14. Emergency access points shall be secured by crash gates acceptable to Northwest Fire District. 15. No perimeter or drift fencing is to be installed, unless recommended by U.S. Fish and Wildlife Service, or as necessary to prevent unauthorized vehicular access, and is acceptable to U.S. Fish and Wildlife Service. 16. All graded areas that are not expected to be developed within 6 months shall be hydroseeded or treated with a soil - stabilizing agent. In the event grading occurs and development lags the anticipated schedule, disturbed areas shall be stabilized after 6 months. 17. The preliminary plat shall be in general conformance with the Land Use Concept of the Specific Plan. 18. 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 the 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 hereby advised to retain appropriate expert and or consult with federal and state agencies to determine any action necessary to assure compliance with applicable laws and regulations. 19. The existing C.C.& R.'s for the 80 acre lot split recorded March 2, 1982 shall be amended to stipulate a minimum lot size consistent with this project's tentative land use plan. The amended C.C.& R.'s shall be submitted with the application for preliminary platting. 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. 2003.11. 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. Marana Ordinance No. 2003.11 Page 3 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3 Rd day of June, 2003. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Daniel J. Hochuli As Town Attorney and not personally Maram Ordinance No. 2003.11 Page 4 Exhibit A Parcel 1: The West half of the Southwest Quarter of Section 26, Township 11 South, Range 12 East, Cila and Salt River Base and Meridian, Pima County, Arizona. EXCEPT the South 75 feet thereof; AND EXCEPT the North half of the Northwest Quarter of the Northwest Quarter of the Southwest Quarter of saidSection 26. AND EXCEPT thatportion of the West half of the Southwest Quarter of Section 26, Township 11 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County, Arizona described as follows: Commencing at the Southwest corner of said Section 26; Thence along the Southerly line thereof East, 659.15 feet; Thence North 0 degrees 02 minutes 37 seconds West, a distance of 524.12 feet', Thence South 10 degrees 37 minutes 23 seconds West; a distance of 100.22 feet to the True Point of Beginning, Thence South 0 degrees 40 minutes 07 seconds East, a distance of 49.11 feet; Thence North 80 degrees 28 minutes 21 seconds West, a distance of 42.38 feet; Thence North 16 degrees 57 minutes 40 seconds East, a distance of 41.82 feet; Thence North 85 degrees 52 minutes 49 seconds East, a distance of 29.10 feet to the True Point of Beginning. Parcel II: All that of the West half of the Southwest Quarter of Section 26, Township 11 South, Range 11 East, Gila and Salt River Base and Meridian, Pima County, Arizona described as follows: Commencing at the Southwest corner of said Section 26; Thence along the Southerly line thereof East, 659.15 feet; Thence North 0 degrees 02 minutes 37 seconds West, a distance of 524.12 feet; Thence South 10 degrees 37 minutes 23 seconds West, a distance of 100.22 feet to the True Point of Beginning; Thence South 0 degrees 40 minutes 07 seconds East, a distance of 49.11 feet; Thence North 80 degrees 28 minutes 21 seconds West, a distance of 42.38 feet; Thence North 16 degrees 57 minutes 40 seconds East, a distance of 41.82 feet; Thence North 85 degrees 52 minutes 49 seconds East, a distance of 29.10 feet to the True Point of Beginning. 2 y3 r ♦ 6 r�� r d f l 7 111 i 111 111 ��11�►� �Q .■ iii = ����� 0 0��� ► ►��% milli ■ /��hv _ ��► ♦ �1tt ■rrr .■ ._ nlln r r ►�►� 1um0 �u��r i► nu► ■urrp � ���i �11� :: r���n� 1 r�r��m p• _ �u®wnm► Olp ►1�Oj� . • • I�xnnn w�► •. ;, — � un► ANnm ` u�11111► � "1`1111, "anon ����� ° "'► iiiiiii . r AGENDA ITEM NUMBER: VIII.B.l IS T ' F F R E P • PLANNING COMMISSION April 30, 2003 CASE No: PCZ -02098 CASE NAME: The Estate Lots at Tortolita Preserve Specific Plan Applicant's Name: The Estate Lots at Tortolita Preserve, LLC Contact: Robert Schwartz Applicant's Address: 3578 E. Sunrise, Suite 125, Tucson, AZ 85701 Location of Request: Northeast corner of Moore Road and Wild Burro Road within Section 26, Township 11 South, Range 12 East. Nature of Request: Rezoning from "AG" Agricultural to "F" Specific Plan. Site Size: 72.6 acres Zone District: "AG" Agricultural Existing Use: Mostly vacant with some water company facilities (well, pump, storage tank, and a single manufactured home). Proposed Use: A gated residential neighborhood with no more than 25 site -built homes. Report Date: May 27, 2003 Project Planner: Jordan Feld, Planner I DISCUSSION This request was continued from the March 26, 2003 Planning Commission meeting. This request was originally scheduled for consideration by the Commission on February 26, 2003. Due to outstanding issues between the applicant and the neighbors of the subject property; the applicant submitted a request for a continuance to the March 26, 2003 Planning and Zoning Commission. Since the rezoning request was properly advertised and noticed for the February meeting; a public hearing was held at that time and testimony was given by concerned neighbors of the subject property. The issues of concern by neighbors were not resolved by the March 26 Meeting. The applicant requested an additional continuance until the April 30` Meeting. Staff has been made aware that an agreement has been reached between the applicant and the most affected adjacent neighbor in respect to issues pertaining to the compatibility of this project with the rural character of the adjoining neighborhood. Because a key issue between the applicant and the neighbors are the covenants and restrictions currently recorded on the subject property; Staff has added a Condition ( #19) requiring the removal of antiquated restrictions through a subsequent amendment and re- recording of the existing C.C.& R.'s. The Estate Lots at Tortolita Preserve, LLC is requesting the approval o f a r ezoning f or a 7 2.6 -acre site to develop a gated residential neighborhood with no more than 25 site -built homes. The subject area is located at the northeast corner of Moore Road and Wild Burro Road within Section 26, Township 11 South, Range 12 East. The subject area is comprised of eleven contiguous properties that were all annexed into the Town in 2001 a s p art o f t he S ection 2 6 A nnexation ( Ordinance N o. 2 001.21) a nd w ere t ranslationally zoned "AG" Agricultural at the time. The purpose of "AG" zoning is to protect agricultural lands in their present character from incompatible land uses; the "AG" allows for a single residence per parcel, provided the parcel is 5 acres or greater. Approval of this rezoning would in effect recommend Town Council to rezone the subject area to "F" Specific Plan. The purpose of "F" zoning is to provide functionality and creativity in site planning and design. The Estate Lots at Tortolita Preserve Specific Plan integrates several unique design and development regulations supportive of the site's natural resources and conducive to a cohesive neighborhood. Essentially, this Specific Plan will create a 2.5 acre zoning district which minimizes total site disturbance. The Plan's Development Regulations include standards for street designs that promote water harvesting. The regulations also allow for an unusually long cul -de -sac which also minimizes total site disturbance. GENERAL PLAN The Town of Marana General Plan Update, ratified March 11, 2003, designates the subject area as Rural Density Residential (RDR). The RDR is intended to preserve environmentally sensitive lands and recommends a maximum density of one home per 2 acres. The proposed Specific Plan is consistent with the General Plan's land use density recommendation. SITE CAPABILITY Most of the property in the immediate area is vacant or privately owned residential sites. The subject area is mostly vacant except for private water company facilities which include the manufactured home, pump, well, and storage tank. The subject area slopes to the southwest. Several shallow channels traverse the site. The project will not produce significant drainage impacts to any off -site land use, up- or downstream. Any building located within the 100 -year floodplain will be elevated and stabilized to prevent flood inundation. Water harvesting practices will be utilized to reduce post - development on -site flows. ENVIRONMENT The subject area contains significant natural resources with respect to topography, vegetation, and wildlife. To address the Town's concerns as well as those of the U.S. Fish and Service, the Specific Plan employs various methods to ensure that development procedures appropriate for pygmy owl critical habitat are utilized. The project has established a maximum gross site disturbance of twenty percent. A biological evaluation and formal conservation plan will be executed and will be implemented through the regulations of the subject area's Covenants, Codes, and Restrictions. Further regulation is provided through the proposed Landscape Preservation Plan, as included in the Specific Plan, and the creation of a custodial plan for HOA habitat maintenance responsibilities. The specific criteria for re- vegetation, landscaping, site preparation and design standards related to the Conservation Plan, C.C. &R.'s, Custodial Plan, Landscape Plan, Native Plant Permit, or any others that may impact a natural resource shall be subject to the Town's approval. INFRASTRUCTURE All lots will utilize on -site septic systems. A private water company will be established and provide service using an on -site well. A fee of $1200 per lot has been agreed to that will be imposed to mitigate the effects of the 25 new homes on the Marana Unified School District. In September of 2002 the subject area was accepted into the Northwest Fire District; the District will provide service and has indicated that all homes will require sprinkler systems. No on -site parks will be provided so an in -lieu fee of $1400 a lot will be provided to compensate the development. The subject area will be served by Trico Electric Cooperative, Inc. An in -lieu fee of $2500 a lot for off site street improvements has also been agreed to as required through Condition #11 of this report. CIRCULATION Access to the subject area will be provided via Moore Rd. through a gated entrance approximately 1/8 of a mile east of Wild Burro Rd. All wash crossings will occur as close as possible to the wash's minim width and at a perpendicular angle. Visitor parking shall be achieved on individual parcels. The local neighborhood PAGE 2 OF 5 streets shall be private and designed to minimize site disturbance in accordance with the Specific Plan Development Regulations. Emergency access will be achieved through Quail Run Rd. to the north of the subject area. The local neighborhood streets will include rolled curbs and a slope easement area to accommodate water harvesting. The right -of -way width will be 42 feet with a 24 foot pavement width. This project is expected to generate 239 daily trips. In total, four trails influence pedestrian and equestrian connectivity around the subject area. The Town of Marana Trail System Master Plan identifies two Marana trails within proximity to the subject area; the Wild Burro Trail and the Tortolita Preserve Trail. The Eastern Pima County Trail System Master Plan identifies two County trails within proximity to the subject area; the County Plan requires the development of these trails through the dedication of a 25' non - motorized public access at the time of platting. This easement shall be reflected in the site's maximum gross disturbance allowance of 20 %. DESIGN STANDARDS The project shall be limited to 25 lots with a maximum disturbance area of 15,000 square feet per lot. The maximum building height shall be 30 feet and the minimum lot size is 2.5 acres. All building plans shall be approved by a committee of the HOA and the Town of Marana. Entry monumentation shall be subject to Town Land Development Code. All accessory structures, as listed in the Specific Plan, shall be architecturally harmonious with the main building and compatible with character of the neighborhood. Architectural guidelines shall be set forth in the final C.C. &R.'s, as accepted by the Town prior to final plat approval. CITIZEN COMMENTS The applicant has conducted a neighborhood involvement effort in order to obtain citizen input. Surrounding neighbors and interested parties were invited to an open house held December 10, 2002 at Heritage Highlands. Several of the applicant's staff were available to answer questions about the project; approximately a dozen neighbors attended the open house. RECOMMENDED FINDINGS OF FACT 1. The site is currently designated "AG" Agricultural. The proposed rezoning is consistent with the purpose of Specific Plan zoning. The project is in compliance with all other development standards of the Land Development Code related to this zoning classification. 2. This proposal is consistent with the purpose and intent of the Town of Marana General Plan. 3. This proposal 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, with conditions. CASE ANALYSIS REVIEW CRITERIA 1. Ability to comply with Development Regulations i.e., Water Sanitation Access Developable Parcel etc.: The development is in compliance with the requirements of all agencies. PAGE 3 OF 5 2. Ability to comply with requirements of the Zoning Regulations i.e., Lot Size Frontage Setbacks etc This proposal complies with all the requirements of the "F" Specific Plan zoning, subject to conditions. 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. 4. Compatible with the surrounding area 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 subject site is adjacent to State trust land and several homes. This proposal 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. 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 Town will review and monitor post development disturbance to verify that disturbance is not in excess of 20% of the site's total acreage. 3. The design of all streets and circulation related facilities shall be accepted by the Northwest Fire District prior to the Planning and Zoning Commission's consideration of the preliminary plat. 4. An annual report shall be submitted within 30 days of the anniversary of the Town Council's approval of the Specific Plan; in addition to those requirements listed in the Land Development Code and Specific Plan, the report shall address the performance of the site's permaculture design with respect to drainage. 5. The HOA; as established, and accepted by the U.S.F.W.S and the Town of Marana, to control, maintain, and manage both residential areas and open space, shall implement those recommendations set forth by the Town of Marana and the United States Fish and Wildlife Service. 6. The Town, or an agreeable third party, shall reserve the right for future site inspection for the purposes of habitat monitoring and management. 7. This rezoning is valid for five (5) years from the date of Town Council approval provided that if the developer fails to have a final plat recorded prior to the five years, the property shall revert to the original zoning without further action by the Town Council. 8. A conservation plan shall be developed to manage all opens space areas and undeveloped residential areas and submitted with the preliminary plat. U.S. Fish and Wildlife must approve said plan prior to submittal of the preliminary plat. 9. The Town shall reserve the right to monitor and enforce the habitat management responsibilities of the HOA. 10. The Town shall accept the final Covenants, Codes, and Restrictions prior to Town Council consideration of the final plat. 11. A Development Agreement addressing infrastructure implementation, specifically in -lieu fees for; parks in the amount of $1400 per lot, streets in the amount of $2500 per lot, and schools in the amount of $1200 a lot, is required prior to Town Council consideration of the preliminary plat. The Specific Plan shall be updated through the Utilities section of the Plan prior to Town Council's consideration of the zoning request and Specific Plan adoption to discuss and reflect said fees. - PAGE 4 OF 5 V 12. The preliminary plat shall show water service responsibility and further state that said provider has • received an Arizona Department of Water Resources 100 -year water supply designation. 13. Minor grammar and technical changes as required by the Town of Marana shall be made to the Specific Plan prior to Town Council Consideration of the Specific Plan zoning request. 14. Emergency access points shall be secured by crash gates acceptable to Northwest Fire District. 15. No perimeter or drift fencing is to be installed, unless recommended by U.S. Fish and Wildlife Service, or as necessary to prevent unauthorized vehicular access, and is acceptable to U.S. Fish and Wildlife Service. 16. All graded areas that are not expected to be developed within 6 months shall be hydroseeded or treated with a soil - stabilizing agent. In the event grading occurs and development lags the anticipated schedule, disturbed areas shall be stabilized after 6 months. 17. The preliminary plat shall be in general conformance with the Land Use Concept of the Specific Plan. 18. 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 the 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 hereby advised to retain appropriate expert and or consult with federal and state agencies to determine any action necessary to assure compliance with applicable laws and regulations. 19. The existing C.C.& R.'s for the 80 acre lot split recorded March 2, 1982 shall be amended to stipulate a minimum lot size consistent with this project's tentative land use plan. The amended C.C.& R.'s shall be submitted with the application for preliminary platting. • Suggested Motion I move to approve Case No. PCZ -02098 the Estate Lots at Tortolita Preserve Specific Plan with recommended conditions. H. TLANNINGISTAFFRP7lStafJrpt .031PCZ -02098 The Estate Lots at Tortolita Preserve.doc PAGE 5 OF 5 s. TORTOLITA PRESERVE ESTATES 1 A At the April 30, 2003 Planning Commission meeting the applicant presented his project and stated that he had worked with the surrounding neighbors and the outstanding issues had been resolved. The Planning Commission voted 6 -1 (Commissioner Condit dissenting) to p . recommend approval, subject to nineteen conditions recommended by staff. The Estate Lots at Tortolita Preserve, LLC is requesting the approval of a rezoning for a C� W C 72.6 -acre site to develop a gated residential neighborhood with no more than 25 site -built homes.. The subject area is comprised of eleven contiguous properties that were all annexed l into the Town in 2001 as part of the Section 26 Annexation (Ordinance No. 2001.21) and lk were translationally zoned "AG" Agricultural at the time. The Estate Lots at Tortolita �t,� Preserve Specific Plan integrates several unique design and development regulations �! supportive of the site's natural resources and conducive to a cohesive neighborhood. Vf/� Essentially, this Specific Plan will create a 2.5 acre zoning district which minimizes total site disturbance. _ ^, 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 Town will review and monitor post development disturbance to verify that disturbance is not in excess of 20% of the site's total acreage. 3. The design of all streets and circulation related facilities shall be accepted by the Northwest Fire District prior to the Planning and Zoning Commission's consideration of the preliminary plat. 4. An annual report shall be submitted within 30 days of the anniversary of the Town Council's approval of the Specific Plan; in addition to those requirements listed in the Land Development Code and Specific Plan, the report shall address the performance of the site's permaculture design with respect to drainage. 5. The HOA; as established, and accepted by the U.S.F.W.S and the Town of Marana, to control, maintain, and manage both residential areas and open space, shall implement those recommendations set forth by the Town of Marana and the United States Fish and Wildlife Service. 6. The Town, or an agreeable third party, shall reserve the right for future site inspection for the purposes of habitat monitoring and management. 7. This rezoning is valid for five (5) years from the date of Town Council approval provided that if the developer fails to have a final plat recorded prior to the five years, the property shall revert to the original zoning without further action by the Town Council. 8. A conservation plan shall be developed to manage all opens space areas and undeveloped residential areas and submitted with the preliminary plat. U.S. Fish and Wildlife must approve said plan prior to submittal of the preliminary plat. 9. The Town shall reserve the right to monitor and enforce the habitat management responsibilities of the HOA. 10. The Town shall accept the final Covenants, Codes, and Restrictions prior to Town Council consideration of the final plat. 11. A Development Agreement addressing infrastructure implementation, specifically in -lieu fees for; parks in the amount of $1400 per lot, streets in the amount of $2500 per lot, and schools in the amount of $1200 a lot, is required r prior to Town Council consideration of the preliminary plat. The Specific Plan shall be updated through the Utilities section of the Plan prior to Town Council's consideration of the zoning request and Specific Plan adoption to discuss and reflect said fees. 12. The preliminary plat shall show water service responsibility and further state that said provider has received an Arizona Department of Water Resources 100 - year water supply designation. 13. Minor grammar and technical changes as required by the Town of Marana shall be made to the Specific Plan prior to Town Council Consideration of the Specific Plan zoning request. 14. Emergency access points shall be secured by crash gates acceptable to Northwest Fire District. 15. No perimeter or drift fencing is to be installed, unless recommended by U.S. Fish and Wildlife Service, or as necessary to prevent unauthorized vehicular access, and is acceptable to U.S. Fish and Wildlife Service. 16. All graded areas that are not expected to be developed within 6 months shall be hydroseeded or treated with a soil - stabilizing agent. In the event grading occurs and development lags the anticipated schedule, disturbed areas shall be stabilized after 6 months. 17. The preliminary plat shall be in general conformance with the Land Use Concept of the Specific Plan. 18. 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 the 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 hereby advised to retain appropriate expert and or consult with federal and state agencies to determine any action necessary to assure compliance with applicable laws and regulations. 19. The existing C.C.& R.'s for the 80 acre lot split recorded March 2, 1982 shall be amended to stipulate a minimum lot size consistent with this project's tentative land use plan. The amended C.C.& R.'s shall be submitted with the application for preliminary platting. SPECIFIC PLAN I for The Estate .cots at Tortolzta (reserve October 28, 2002 Revised December 30,2002 Revised May 1, 2003 ARCADIS Project No. AZ000968.0002 ' Submitted by: ARCADIS G&M, Inc. 285 W. 18 Street, Suite 1 Tucson, AZ 85701 (520) 903 -2393 (520) 903 -2395 fax TX BLE Off' COW 1" INTRODUCTION ...................................................................................... ............................... 1 I. SITE ANALYSIS AND INVENTORY A. Existing Land Uses 1. Site location in a regional context .......................... ............................... 2 2. Existing land uses on site ....................................... ............................... 2 3. Surrounding property within % mile radius ............. ............................... 2 4 . Well sites ................................................................ ............................... 7 B. Topography 1. Topographic characteristics ................................... ............................... 7 2. Pre - development cross slope ................................. ............................... 9 C. Hydrology 1. Off -site watersheds ................................................ .................. .I............ 9 2. Off -site watersheds that affect or maybe affected by the site ................ 9 3. Acreage of the off -site drainage areas ................... ............................... 9 4 . On -site hydrology ..................................................... .............................11 5. Existing drainage conditions along downstream property line ...............11 D. Vegetation 1. Vegetative communities and associations on the site ........................... 11 2. Significant cacti and groups of trees and federally- listed threatened or endangered species ........................... .............................16 3. Vegetative densities by percentage of plant cover ... .............................16 E. Wildlife 1. Exhibit i.e.1: Letter from the Arizona Game and Fish Department, Tucson Office .............................. .............................18 F. Viewsheds 1. Viewsheds onto and across the site ......................... .............................18 2. Areas of high visibility from adjacent off -site locations ..........................18 G . Traffic .... ... .................................................................... .............................33 H. Recreation and Trails ..................................................... ............................... 33 1. Cultural I Archaeological I Historical Resources 1. Location of resources on -site ........:... ............. ........ ............................... 33 2. Letter from the Arizona State Museum ................... ............................... 35 3. Cultural Resources Survey .................................... ............................... 35 J. McHarg Composite information ..................................... ............................... 35 McHarg Composite Map 37 1 11. DEVELOPMENT PLAN A . Purpose ........................................................................... ............................... 38 1 B. Location ............................................................................. .............................38 C . Authority and Scope ....................................................... ............................... 38 D . Legal Description .............................................................. .............................38 E . Goals .................................................................................. .............................38 F. Relationship to Adopted Plans ........................................ .............................40 G. Land Use Concept Plan .................................................... .............................40 H . Circulation Element ....... ............................... ................ .............................42 1 . Grading Element ............................................................... .............................46 J. Water Resources ....... .................................................... .............................49 K. Environmental Resources and Conservation .............. ............................... 51 L. Landscape Element .......................................................... .............................56 M . Recreation Concept .......................................................... .............................56 N. Cultural Resources . 56 O . Viewsheds ...................................................................... ............................... 56 P. Public Utilities 1. Sewer ....................................................................... .............................57 2 . Schools .................................................................. ............................... 57 3. Fire / Emergency vehicle service ........................... ............................... 57 4 . Water service ......................................................... ............................... 57 5. Development Agreement ....................................... ............................... 57 III. DEVELOPMENT REGULATIONS A. Purpose and Intent ......................................................... ............................... 58 B. Applicability of Town of Marana Land Development Code ........................ 58 C . Definitions ........................................................................ ............................... 58 11 D. Development Regulations .............................................. ............................... 58 1 . Residential ............................................................... .............................59 2 . Open Space ........................................................... ............................... 60 3. Minimum roadway development standards ........... ............................... 60 IV. IMPLEMENTATION AND ADMINISTRATION A . Purpose ........................................................................... ............................... 63 B. Proposed Changes to Zoning Ordinances ................... ............................... 63 C. Site Plan and Architectural Review Process ................ ............................... 63 D. Development Review Procedure ................................... ............................... 63 E. General Implementation Responsibilities ....................... .............................64 F . Phasing .............................................................................. .............................64 G. Specific Plan Administration 1 . Enforcement .............................................................. .............................65 2. Administrative change .............................................. .............................65 3. Substantial change ................................................... .............................65 4 . Interpretation .......................................................... ............................... 65 5 . Fees ....................................................................... ............................... 66 6. Specific Plan Report ............................................... ............................... 66 Bibliography ........................................................................................... ............................... 67 Appendix A Cultural Resources Survey Appendix B Legal Description ALTA/ACSM Land Title Survey Assessor's Record Map Appendix C Environmental Letter (Darling recommendation) Appendix D Northwest Fire Department Annexation Letter t Map j Appendix E Landscape and Native Plant Guidelines iii INTROOv02 The Estate Lots at Tortolita Preserve is a master planned development located in northeast Marana. In total, the Specific Plan Area includes approximately 72.6 acres that will be tied together as a unique residential community that complements surrounding land uses and protects significant portions of the site for conservation. Exhibit La. 1: Location and Vicinity Map distinguishes the lands in the Town of Marana. The Estate Lots at Tortolita Preserve has been organized around the entire project acreage for the purpose of the conservation of Pygmy Owl habitat, with the associated allowances for ground disturbances. The residential development described in this plan will maximize existing site amenities, and compliment surrounding uses. The Development Plan section of this document will respond to the unique site conditions described in the Site Analysis and Inventory. Site design and the land use concept proposed in the Development Plan and Development Regulations will compliment surrounding uses and leave intact significant portions of the site. The subject parcel was annexed into the Town of Marana in January of 2002 as a part of the' Section 26" annexation. Pre - existing zoning was SR from Pima County. Equivalent zoning in the annexation agreement was AG with a total yield based upon the pre - existing SR zoning. This Development Capability Report is prepared in conformance with Section 05.06.01(D) of the Marana Land Use Code and the Procedural Guide for Rezone as provided by Marana staff. Information for the S.A. & I. was compiled from site visits, correspondence with Town, County and State agencies and officials, as well as topographic and hydrologic analysis. A Legal Description is included in Appendix B 1 l I. SIZE .ALTSIS�N I9VVE9VTORT t A. Existing Land Uses 1. Site location in regional context: The site is approximately 72.6 gross acres, located at the west half of the southwest quarter of Section 26, T -11 -S, R -12 -E in the Town of Marana (See Exhibit I.a.l: Site Location Map). The total property consists of eleven tax parcels. The assessor's parcel numbers are 218 -44 -0570, 218 -44 -0590, 218 -44 -0600, 218-44 - 061 A, 218 -44 -061 B, 218- 44 -062A, 21844 -062B, 218 -44 -0630, 218 -44 -0640, 218- 44 -0650 (well site), and 218 -44 -0660. 2. Existing land uses on site: There is one existing mobile home on site in the southwest corner of the parcel. The 1 remaining property is vacant (See Exhibit I.a.2: Aerial Photo) with the exception of the facilities (well, pump and storage tank) for the Tortolita Water Co. that serves the subject site. Two roads exist on the property. Wild Burro Road, recorded in docket 4344, page 343 is a 30' private access easement and Quail Run, recorded in docket 8225 page 1715, is a 50' easement for on -site access and waterlines. Both roadways are unpaved. 3. Surrounding property within' /4 mile radius: a. Existing zoning within 1 /4 mile of the site (See Exhibit I.a.3a: Existing Zoning). North: Marana AG Zone Northwest: State Land Northeast: AG East: AG West: State Land AG South: State Land AG Southwest: State Land AG Southeast: State Land AG b. Existing land use within ' /4 mile of the site (See Exhibit I.a.3b). i North: Single Family Residential and vacant land East: 5 radio towers on 30 -acres and vacant land South: Vacant state owned land West: Vacant state owned land c. Building heights All surrounding homes within one - quarter mile of the site are one or two story. t t 2 _ II - - A L swim Q111d1! �{ Cealelnre{ - -�" -- f �--- r Mwu Tern Ho JUM N Len Adam FA /Alnkkn4 Cwlrt � . (13W6 N Ssad1R04 - -6 , Plan 1 k aM+.n.i AYpn Ca+tlro+fN '�° � CMrtUrMd Reath � v Mai r ang, Arizona ""•a° �.,,�,,. PAWK � s E� w�. (WYT1YT) Mow o..W.pnnn, Sk.lpa Caalar s (]6% W Owp Grew Rd] maraos Town Uni is �V 1 1 I t !� L7 \ a W est Half of the Southwest Quarter of Section 26, T -11 -S, R -12 -E j G.S. R.B. &M. The Estate Lots at Tortolita Preserve ARCADIS EXHIBIT l.a.I t +nl,rastaicrl„p, bwidl „y;. er1,,,u,,m, ot. (o,nmunlCat;om Location and Vicinity Map 3 E I I i 1 ■ r 1 r , s ! t 1 � ct ■ Well Site 1 r L Moore Road I SCALE IN FEET NORTH The Estate Lots 0 200 400 800 at Tortolita Preserve I ARCADIS EXHIBIT La.2 Aerial Photo 4 r 8 AG.- H AG ! a R -1 {{ Cat a � : .> •: • i s ''�� : � • p ��,� y : •i� C2 I DOW AG AG MGM ROAD i 1 , I AG s l STATE LAND i NORTH SCALE IN FEET The Estate Lots 0 100 200 400 at Tortolita Preserve EXHIBIT I.a.3a ACS Existing Zoning 1 } i R- Sr agle Faj nily Det ach d 4 _ w 560 28 j 544541 5261 7 w ' G It • .. __r. '"' : �• . to • �• vo- !• •• 4 f `( 0 0 � ; f • Y • , "'° HOVE MIN as ti °:" :'�; # N.1P.F.O. I• ' a a I • • , Nw G1 _ ■ • • • ; r '., . , ., ,� RADIO F; vTOWERS AG ev vacant -- - x7 xs • �• •+ Moore Ro : a Sa 3 ... ..,, .. t i AG/ STATE LAND . ti a SCALE IN FEET NORTH O WELL SITE The Estate Lots 0 200 400 800 801142 - Tortolita Water Sys. at Tortolita Preserve 544541 - Celaya, Alec 526187 - Moore, John & Karen EXHIBIT I .a..3b AR CADIS 560528 - Molina, Ignacio Jr, R 580422 - Cole, Dion J Exist Land Use 6 d. Pending re- zonings within % mile There are no pending re- zonings within V4-mile of the property. e. Conditional re- zonings There are no conditional re- zonings within 1 /4-mile of the property. L Subdivisions / development plans approved Dove Mountain Specific Plan lies one -half mile to the east along Moore Road. g tY . Architectural styles used in adjoining projects All the homes in the immediate area of this project are custom - built, and as such encompass many architectural styles. 4. Well sites According to records from the Arizona Department of Water Resources (ADWR), there is one well ( #801242) located on the site, which is owned by the Tortolita Water Company. There are 4 wells ( #544541, 526187, 569528 and 580422) within 600 feet of the subject property (1711 S, RI 2E, Section 26). B. Topography 1. Topographic characteristics Existing topography at 5' contour intervals is shown on Exhibit I.b.l: Topography. The parcel slopes gently from the high side in the northeast corner at an elevation of 2,585 to the southwest corner elevation of 2,500. a. hillside Conservation areas There are no Hillside Conservation areas on the subject property. b. Rock outcrops There are no rock outcrops on the subject site. c. Slopes of 15% or greater There are no slopes of 15% or greater on the subject site. I Other significant topographic features There are no other significant topographic features such as restricted ridges or peaks affecting the site. 7 eS }0 �S� s o s o ss W _ ?so . 0 1 , r A ' S6 S z I k � � c,SO t 1 i 3 53` e SSO i n Imp ���rT�r���s� �r Moore Road Q9S 00 50 .3` SAO S S� S S� S s� NORTH SCALE IN FEET 0 200 400 800 The Estate Lots at Tortolita Preserve e ARADS EXHIBIT Lb.I Topography 8 2. Pro-development cross -slope The average cross -slope of the property is approximately 1.7 %. The formula used to derive the average cross -slope is as follows: Average Cross -Slope = I x L x 0.0023 A Where: I = contour interval (5') L = total length of contours (1.1,186') 0.0023 = conversion of "square feet" into "acres x 100" A = total site area in acres (72.66) Average Cross Slope = 5 x 11.186 x.0023 72.6 Average Cross -Slope =1.7% C. Hydrology 1. Off -site watersheds Exhibit I.c.l. This Exhibit illustrates the adjacent upstream and downstream watercourses and drainage areas that affect the site. The site consists of desert brush with small to moderate washes that flow from the northeast to the southwest. These washes are not generally well - defined. The project area is a few miles downslope from the Tortolita Mountains. The upstream extent of watersheds contributing to the site is less than one mile while the downstream channels flow onto the Ruelas Canyon alluvial network. 2. Off -:site watersheds that affect or may be affected by the site include the northwest portion of the site that lies within a Special Flood Hazard Area by the Federal Emergency Management Agency (FEMA). This designation is Zone AO with depths of one to two feet and velocities of six or five feet per second due to the potential or of alluvial flooding during the 100 -year storm. Approximately 34% of the site is affected by this designation. The remaining area is not located in any federal flood hazard area. There are six drainage areas and watercourses from off -site watersheds. The larger areas are within the AO flood zone. The southeast portion is not within a major flood zone. The channels are generally shallow with depths of one to two feet and mostly contained within local channels. The channels are not very well defined and often consist of diverging and converging flow patterns or ' distributive flow characteristic of alluvial systems in the smooth terrain of the area. See Exhibit I.c.l : Off -site Hydrology. ' 3. Acreage of the off -site drainage areas consists of approximately 263 -acres for the northern watershed and 128 -acres for the southern watershed. There are two large washes and one small wash in the upper area. The upper off -site drainage areas 9 i t ' > f < t ^. AD ^ a F c + E F jl 3 P r Fr r Z n t s 27 -0 4 - s . "� g } r 1 i f f 1 C1. _ 2630 -- — � 2 715 s 2 3 x - • ti t ^. 1 ` C2 ^ F r� , 3 5 1 SITE 8 9 y. Wt ?I.3 10� -3. DA "A�� Qlw =146�cfs _. 4 2: UA `B" Q 00 =440 cfs 3 DA "C -1 " ioo =26 cfs of o-: ,:. --- _. 11 4. DA 'T" 100 345 cfs 2636 14$ xf _ 5. DA "C -2" Qioo = 26 cfs E - 6. DA "D' �Q1oo =204 ifs ij 7. DA "Gil , Q1oo.0 cfs 20' CONTOUR INTERVALS 8. DA "E -1 Q100 =; "tp cfs j NORTH .SALE IN FEET 9. DA "E -2" Q1oo # 42 cfs 0 500 1000 2000 10. DA "F" IQ1oo 174 cfs The Estate Lots,. 11. DA "G" (Qioo =26 cfs at' Tortolita Prese e EXHIBIT I.c. I AR o Off -Site Hydrology 10 will result in 100 -year peak discharges of 147, 440 and 345 cfs. The lower or southern off -site drainage areas will yield peak discharges of 204, 90 and 174 cfs. The ' concentration points are at the east and north property lines and are approximate, due to the shallow flow and relatively low relief in topography. ' 4. On -site hydrology: Exhibit I.c.4a. shows the on -site watersheds and drainage areas. The on -site area is very similar to the off -site drainage area terrain. Flow is generally confined to shallow channels with depths of flow around one to two feet. The peak discharges for on -site watercourses are identified for flows greater than 50 cfs. Generally, the off -site channels and discharges are much larger than on -site flows that contribute to the major channels trending from the northeast to the southwest. The on -site existing discharges have little effect on the larger off -site flows. Approximately 73 acres of on -site area of the site contributes approximately 49 cfs for the 100 -year peak flow. As previously mentioned, approximately 34% of the r northwest portion of the site lies within an AO flood zone. This is depicted in the Pima County FEMA Flood Insurance Rate Map (FIRM) panel number 04019C 1025 K effective on February S, 1999. See Exhibit I.c.4b. Other areas within the southern r portion of the site will be subject to the local 100 -year floodplains confined to the low -flow channels in low elevation areas. i 5. Existing drainage conditions along downstream property line are very similar to the off -site and on -site existing drainage conditions. The natural watercourses leave the site from the west and south property lines and continue through very low - density residential and unpaved access roads. All off -site and on- site watercourses eventually join the Ruelas alluvial flood hazard areas downstream and south of Moore Road. D. Vegetation The project site is part of an alluvial fan of the Tortolita Mountains, and has vegetation types and species composition similar to areas in the vicinity. The site contains many small, low flow washes that traverse the entire site diagonally northeast to southwest, which include riparian areas. Exhibit I.d.la: Vegetation Communities and I.d.lb: Vegetative Zones display the vegetative communities on this site. The vegetation communities and associations on the site are as follows: 1. Vegetative communities and associations on the site. The project site is located within an ironwood- saguaro association. The site also contains many small, low flow washes generally flowing from northeast to southwest. The largest of these washes support a xeroriparian habitat. These two zones have been mapped on the following exhibit. 11 DEPTH 2 VEL. loo=440 cfs fps F\o ZONE AO Q � I — — DEPTH R VEL, 6 fps Q10o=354 cfs Q 100 = 1 46 cfs /A� ""40F Q 1 00 = 1 47 N� �� / � Qloo=443 cfs A. 0 K ' j , f DEPTH 1 ' VEL. 5 fps I.—wo ♦ Oloo=204 cfs � 1 Qloo=49 cfs A i "t- T Jl 17- Qloo=366 cfs a 4t I'll Q100=90 cfs 'O ft. 4 A� 4e Qloo=174 cfs Qloo=228 cfs 1000' A A� 1 1001* "" 40�, i3O ■ p * 0 Moore Road Qloo=82 cfs Qloo=142 cfs Qloo=181 cfs NORTH SCALE IN FEET The Estate Lots 0 200 400 800 Basin Boundaries I I at Tortolita Preserve 1 1 1 1 100 year Floodlimits ARCADIS 5'CONTOURS EXHIBIT I.c.4a Flow Direction Onsite Hydrology 12 ;) 2) FPS) ron '��Mq c M ° UNTj, qNq ZONE X w 13 � a 18 C c U TOWN OF MA 04011 "a ' ZONE AO (DEPTH 3) O (VELOCITY 9 FPS) Ps) ZONE AO (DEPTH 3) J 23 (VELOCITY 7 FPS) / 19 ZONE AO (DEPTH 3) (VELOCITY 8 FPS) ZONE X ZC HF ZONE AO \ ' �— a <<o (VELOCITY 9 FPS) 26 25 w w 30 ' Project Location TOWN I OF MARA Z AO (D H 1) o Z ONE A PIMA COU (VELO 6 FPS) rE (DEPTH 3) MOORE ROAD (VELOCITY 8 FPS) x/z-35 38 31 MooRe NORTH ZONE AO Flood depths of 1 to 3 feet 0 1000 2000 (usually sheet flow on sloping terrain) The Estate Lots SCALE IN FEET average depth determined. For at Tortolita Preserve ARCADES areas of alluvial fan flooding EXHIBIT I.c.4b velocities also determined. FEMA/FIRM Map 13 1� 1 ' 1 t 1 i 1 1 1 , , ■ , 1 1 1 1 1 � � Moore Read i 1 SCALE IN FEET NORTH The Estate Lots 0 200 400 800 Legend: ironwood- Saguaro Association at Tortolita Preserve � ARCADIS Xeroriparian Zone EXHIBIT I.d.la Vegetation Communities 1 14 w w � t., ■ � 1 ■ ■ ■ a. mom - - -- - Moore Roa NORTH SCALE IN FEET 0 200 400 800 Legend: The Estate Lots Ironwood - Saguaro Association at Tortolita Preserve �' C° "T° "RS EXHIBIT I.d. l b ARCADI� 0 Xeroriparian Zone lrtfraatr,,'p,rp, b��r�a Vegetative Zones 1� a. Ironwood — Saguaro Association This zone contains many Ironwood trees (Olneya tesota) in generally good condition, Foothill Palo Verde (Cercidium microphyllum) also in good condition and Saguaro Cactus (Carnegiea gigantea)many of which are in excess of 20' tall. A full listing of observed species is provided below: Ironwood Olneya tesota Foothill Palo Verde Cercidium microphyllum Mesquite Prosopis velutina (very limited) Acacia constricta Whitethorn Acacia Saguaro Carnegiea gigantea Barrel Cactus Ferocactus spp. Cholla Cactus Opuntia spp. Prickley Pear Opuntia spp. Hedgehog Cactus Opuntia spp. Triangle Leaf Bursage Ambrosia deltoidea Hackberry Celtis pallida (very limited) Creosote Bush Larrea tridentate Brittlebush Encelia farinosa Perennial Grasses b. Xeroriparian Habitat Xeroriparian habitats are found along washes and are typically characterized by increased plant density, plant size and or plant species diversity. Xeroriparian habitats are supported by intermittent stream flows. The xeroriparian habitats on this site generally exhibit larger plant sizes and increased density but do not show an increase in species diversity. The locations of the xeroriparian habitat are shown on the attached exhibit. 2. Significant cacti and groups of trees and federally - listed threatened or endangered species Approximately 220 Saguaros greater than 6' in height were mapped on the property. The Vegetation Density Exhibit I.d.2 shows their location and size range. These saguaros have a scattered distribution throughout the site. Most of these saguaros (93 %) are in fair condition or better. No endangered plant species were found on the site. 3. Vegetative densities by percentage of plant cover Vegetative densities on the site were measured from aerial photographs and confirmed with on -site random plot measurements. Vegetative densities within the Ironwood- Saguaro areas are between 20% and 40 %. Vegetative densities within the xeroriparian habitat areas range from 35% to 65 %. 16 4 V l r ♦ - - -- 7 • �_� ♦+¢ ) + •� + x t• ♦ r ` } � tit '1 i_ ? • ♦ •� i r , • ♦♦ t f • R , n r t R • i- w • 1, + �t J m Elm a�0�r �ir�0 is= a p is■ - - -— oore Roa 77 E NORTH SCALE IN FEET significant Cacti: The Estate Lots 0 200 400 800 • Saguaros 18'+ height at Tortolita Preserve + Saguaros 10' -18' height p 5' CONTOURS ♦ Saguaros s' -10' height EXHIBIT I.d.2 i RCADIS (Note: Cactus less than 6' will be inventoried on a lot -by -lot basis) Vegetation Densi 17 E. Wildlife 1. Exhibit 1.e.1: Letter from the Arizona Game and Fish Department, Tucson Office. A letter from the Tucson Regional Office of the Arizona State Game and Fish Department is included in this report (See Exhibit I.e.l: Arizona Game and Fish Department Letter). Due to excessive workloads and limited personnel availability, the A.G.F.D. was only able to provide a list of special status species that are known to occur in the vicinity. A summary of the letter is as follows: a. Threatened or endangered species j According to the A.G.F.D., the following species in Table 1 may potentially occur on or in the immediate vicinity of the proposed project: Table 1. Common Name Scientific Name Status Cactus ferruginous Glausidium brasilanium Listed Endangered, pygmy -owl cactorum Wildlife of Special Concern The property owner has consulted with the U.S. Fish and Wildlife Department. Their response letter is shown as Exhibit I.e.1. A two -year study undertaken by Westland Resources, Inc. during 2001 and 2002 found no Cactus Ferruginous Pygmy Owls on site. Their response letter is shown as Exhibit I.e.2. F. Viewsheds 1. Viewsheds onto and across the site Views onto the site from adjacent areas include views of the on -site washes and vegetation. The utility lines that run north to south through the center of the site are also visible from adjacent areas. Clear views across the entire property are not possible due to the size of the parcel and the vegetation coverage. No single location from off -site adjacent areas is high enough to afford views across the entire site. Exhibit I.f.l: Viewsheds indicate the photo Locations taken around the site. Site photos that correspond to that exhibit are also included. No views of off -site features such as the Catalina Mountains, Tortolita Mountains, or Tucson Mountains are anticipated to be obstructed by this development. 2. Areas of high visibility from adjacent off -site locations From adjacent off -site areas, the only areas that are highly visible are along the property boundaries. This is due, in part, to the size of the project and the lack of a vantage point from which to view the entire property. Also, the vegetation on site is of generally high quality and of medium density near the project boundaries. See Exhibits I.F. l a: Site Photos. 18 w TH1° STATE OF ARIZONA eovER J4Nf U[C NOR Het',. + COMMISSIONERS A AND FISH DEPARTMENT CN CART , AFI N �:, ,: ,t 1 :A1 III / ? St Al E CMLION All ACA i `s 22 2 1 M1 G= �r,•:,ar R(AI), t I! % -F SIX. AZ 85023 -4399 � HAY RAP pNCENix � 16027 942-3000 • W•WWALvl7.COV Jc;e MLL JN YuMA c DIRECTOR y DuANEL ShwuFE + « DrPuTY DIRECTOR STEvE K. FERRELL Tucson Office, 555 N. Greascwoad Rd., Tucson, AZ 85745 May 29, 2002 Mr. Joe Mussulman Mark Hanshaw PE, RLS, and Associate 2570 N. Castle Rock Dive Tucson, Arizona 85049 Re: 72 -Acre Parcel Along Moore Road, TI 1S, RI2E, Section 26. Dear Mr. Mussulman: Due to excessive workloads and limited personnel availability, the Arizona Game & Fish Department (Department) is, at this time, only able to provide you with limited information regarding your proposed project.. Enclosed, you will find a set of recommendations that relate to Federal /State regulatory compliance and `wildlife friendly' development practices. Also included is a list of special status species that are known to occur in the vicinity of the above - referenced parcel. This list is based on the review of records in the Department's Heritage Data Management System (HDMS). Any of these species are likely to occur on -site to the degree that the parcel provides the species' habitat requirements. For information that will assist you in identifying the on -site native vegetation communities and their values as wildlife habitat, the Department recommends the following references • Brown, D.E. (ed). 1994. Biotic Communities - 5oulhweslern United Male�v zuul Norlhiveslern,Vexieo. University of Utah Press, 342 pp. • Shaw W.W., L.K. Harris, M. Livingston, J.P. Charpentier, and C. Wissler. 1996 Pima County Habitat Inventory - Phase I1. Arizona Game & Fish Dept. Contract No. G50028 -001, Phoenix, AZ,. 94pp. (Pima County maintains GIS coverages from this report.) • Pima County's 1986 Map of Critical and Sensitive Wildlife Habitats Information contained in the Department's HDMS is drnamnic and updated on a periodic basis Arn information, therefore, is likely to become outdated shortly after its release. Such information is intended to sere as a guide regarding what species may be found in a particular area It does not represent the results of comprehensive species -speci Fe surveys. The Estate L ots at Tortolita Preserve EXHIBIT I.e. I A FUJA_ 0f'f'0RT0NI' , RE ASONABLE ACCOMMODATIONSACENCY Wildlife 19 Mr. Mussulman May 29, 2002 2 • Pima County Floodplain Hazard Management Ordinance's Riparian Habitat Maps which can be viewed at: www.- dot._co._pma,..az ..us /flood /riparian • Numerous maps associated with the Sonoran Desert Conservation Plan identify habitat and vegetation community information. Specific maps depict habitat areas for Pima County's Priority Vulnerable Species as well as important landscape features including springs, perennial streams, and ironwood communities. This information can be accessed at: www. d ot. co. Pima. az . us /ctis /data ./co ntents . Federal /State Regulatory Compliance The following measures that relate to Federal/State regulatory compliance should be applied when appropriate. • It appears that the subject =parcel falls within Zone 1 the Cactus Ferruginous Pygmy - Owl (CFPO) Survey Zones. Apply the Guidance for Private Landowners from the USFWS and contact theta as appropriate. The Landowner Guidance and accompanying information can be found in the Documents Library section of the USFWS's website: http://arizonaes • If plants protected under the Arizona Native Plant Law are likely to occur on the subject parcel, contact the Arizona Department of Agriculture for additional information regarding potential restrictions which may apply to the salvage or removal of plant species. James McGinnis Manager, Native Plant Law Plant Services Division Arizona Dept. of Agriculture 1688 W. Adams Phoenix, Arizona 85007 602/542 -3292 • Adhere to the attached tortoise handling guidelines for development projects if Sonoran desert tortoise are likely to occur on the subject parcel. • Contact the Department's Tucson Regional Office immediately for direction regarding the disposition of an active bat roost site(s) if one is found on the property. • During pre - construction and construction activities, contact the Department's Tucson Regional Office immediately for direction regarding the disposition of an active raptor nest(s) if one is found on the property. (Please note that an active raptor nest can also be located in a burrow as well as the more common arboreal situation. Nests of the burrowing owl are one example.) Moore Road. Specific Plan EXHIBIT I.e.I WILDLIFE 20 G H A DESERT I , to S - I S �-,D E L 11"' f E S �: R -,"; D C r .' S 0 0. P -A�' E To R, Lc r~ E - �'l QTECT) E' ON D A-rizoaa Ga:rz ard F;--t Rn'sed'anuari 17,1997 Ti'" A:'torla Game azd F -De:;;F-=u;cr:E �'Dtuzur=-eal') tas cf--�it--lcpe-t ut-- . Lmc-acC5 - co c-01-U-01`2 C CO te Scacc. TI-est 0 --f; 0 zS z L 0 c cm- LLrc u ggx U a ccojeas, cf-! 0a M,-- clurz-bec a[ af Ccnoz)Lses tie Ztclulc OTGe OC raM D coc c- c� Sococa gcguladGa tso cccu-'- Scl L P tic. StS eZCOU2 LM 7 � c z! Ue MOY-2c, Ou.- c -,- s way cr, ac.,::: "ir coria- Labia If az cccu idd bur dcczr, nL- -0 6z stou-!d be -elccar 5 as S filar- c- �- bEc-lopiz. T O - i s , �s 52,r a:ld - 6- Its 8 GC: dv a r-c -- GC r e bi, Zz L- cl S cl =c e so :2--v i0 ao c - - o n- Stould lul moved cU-c, 'KeM M 22 LIMTI GOS 2E Q S -:.--d OlaCM tte sdual�zce 7 !_A C :)o c I a- L .0 - e P_' 0 E 7 OE b--' . b-- carraiscs. Torzo-ises - "'lust acr be moved li to ambrczl- al:. te=era- zxczt--S 105 dcgrz:-S fLueaLe; U---idss —1: all buz: is av 0r :Zte 15 L =A-n.-ea A Mr be moved up W r =Hles, buc C-0 5=rl!leZ aeczssz:; j 7'0� ;Es Or;gi= "c(faucc. if a Site, 0-r a-fte.nnEd b=ow, is unavwdlablte W distanc a2l d ;:--b- ce=cra jfj:S d--Tr---s fabzenLei , fte Dezaz= e Shoudd. be con:ac to 01'sct tt tonoise ii= a Depa-rit d-es-ert zcrccise adcct ou T -Or - c - U"ces Sai rOfcCtS WbLcl-1 resin - L L-il habit:--t loss -cousiz- and crok or those recmlibna r-=. Oval d i ccustmCL-011 projects, 'WE LISO be :)Iac--d '-- desert toroise ad-ondoa pr Or Oroj,-CrS . .C<24y -. r-tp'ZC- d2S,-- C facili:c remrora; 'ec: orrorses shouLd abrair, c. ScLzr"rz.,.c � n"'12 pe-=.i if tz:zt z=, Q7 CC. t. 1 c ec-- a ld ;-j , by a'pucjecz, Cie project.. cianag-er S,-'Qu co7auc tt I eic a.: . 7 —, -. IM= .z.r zujd�,ct andic- ass - i P-lease kz�:- La =Ld �te ifbU0w e W*SZ • 7lues lcle lines d0 act ;.:z rj te t-2 �Nf nz rl cr, dE -M- cf ca S Of cb-c co-ion:dc a da z .-,-- , o z d S- 'a,� Ac-, aS a(:L- St -,--dby �he r - S. F i Z C; - le • These, "zz W, crc cr Z.-ff-.cz gossess : ce S Q cz- The Estate Lots at Tortolita Preserve EXHIBIT Le. I Wildlife 23 STATUS DEFINITIONS ARIZONA GAME AND FISH DEPARTMENT (AGFD) HERITAGE DATA MANAGEMENT SYSTEM (HAMS) FEDERAL US STATUS ESA Endangered Species Act (1973 as amended) US Department of interior, Fish and Wildlife Service Listed LE Listed Endan -eyed: imminent jeopardy of extinction. LT Listed Threatened: imminent jeopardy of becoming Endarge -ed. XN Experimental Nonessential population. Proposed for Listing PE Proposed Endangered. PT Proposed Threatened. Candidate (Notice of Review: 1996) C Candidate. Species for which USFWS has sufficient information on biological vulnerability and threats to support proposals to list as Endangered or Threatened under ESA.. However, proposed rules have not yet been issued because such actions are precluded at present by other listing activity. SC Species of Concern. The turns "Species of Concern" or "Species at Risk" should be considered as terms - of-art that describe the entire realm of taxa whose conservation status may be of concern to the US Fish and Wildlife Service, but neither term has official-status (currently all former C2-species). Critical Habitat (check with state or regional USFWS office for location details) Y Yes: Critical Habitat has been designated. P Proposed: Critical Habitat has been proposed. (1N No Status: certain populations of this taxon do not have designated status (check with state or regional USFWS office for details about which populations have designated status)]. USFS US Forest Service (1988 Animals, 1990 Plants) US Department of Agriculture, Forest Service, Region. 3 S Sensitive: those .axa occurring or, National Forests in Arizona which are considered sensitive by the Regional Forester. TRIBAL STATUS NESL Navajo Endangered Species List (199`1) Navajo Nation, Navajo Fish and Wildlife Department The Navajo Endangered Species List contains taxa with status from the entire Navajo Nation which includes parts of Arizona, Utah, and New Mexico. In this notebook we provide NESL status for only those taxa whose distribution includes part or all of the Arizona portion of the Navajo,Natior.. Groups . 1 Th ose species or subspecies that no longer occur on he Navala Nation. 2 Any species or subspecies which is in danger of beta; e'.iminated from al`s or a significant portion of its range on the Navajo Nation. 3 Any species or subspecies which is !ikely to become an endangered species, within the foresecabie fuarre, tbrousnout all or a significant portion of its range on t: Navajo Nation. The Estate Lots at Tortolita Preserve EXHIBIT Le.I Wildlife 24 I 4 Any species or subspecies for which the Navajo Fish and Wildlife Department (NF&WD) does not currently have sufficient information to support their being listed in Group 2 or Group 3 but has reason to consider them. The NF &WD will actively seek information on these species to determine if they warrant inclusion in a different group or removal from the list. N EMCAIN STATUS ;ALEX :Mexican Federal Endangered Species List (May 16, 1994) Secretaria de Desarollo Social, NORMA Oficial Mexican NOM - 059 -ECOL -1994 The Mexican Federal Endangered Species List contains taxa with status from the entire Mexican Republic and waters under iES jurisdiction. In this notebook we provide MEX designations for only hose taxa occurring. in Arizona and also in Mexico. P En Peligro de Extinci6n (Determined Endangered in Mexico): in danger of extinction. A Amenazada (Determined T hreawned in Mexico): could 'become endangered if factors causing habitat deterioration or population decline continue. R Rara (Determined Rare in Mexico): populations viable but naturally scarce or restricted to an area of reduced distribution or very specific habitats. Pr Sujeta a Protecci6n Especial (Determined Subject to Special Protection in Mexico): utilization limited due to reduced populations, restricted distribution, or to favor recovery and corservaaon of the taxon — or associated *.axa. [ One or more subspecies of this species has status in Mexico, but the HDMS does not track it at the subspecies level (most of these subspecies are endemic to Mexico). Please consuit the NORbIA Ofieial Mexicana NONt -059 -ECOL -1994 for details.] STATE STATUS NPL Arizona Iative Plant Law (1993) Arizona Department of Agi culture as Highly Safeguarded: no collection allowed. SR Salvage Restricted: collection only with permit. ER Export Restricted: transport out of State prohibited. SA Salvage Assessed: permits required to remove live trees. HR Harvest- Restricted: permits required to remove plant by- products. WSCA Wildlife of Special Concern in Arizona (1996 in prep) Arizona Game and Fish Department WC Wudlife of Special Concern in Arizona. Species whose occur-ence in Arizona is or may be in jeopardy, or with known or perceived threats or population declines, as described by the Arizona Game and Fish Department's listing of Wildlife of Special Concern in Arizona October 1996 Draft. Revised 414!97, AG HDMS J :IHDMSXDOCi.'MENnNBOOKSIT.'.tP! 4":.'!EORDEFS!STATOEF The Estate Lots at Tortolita Preserve EXHIBIT Le.I Wildlife 25 W estland Resources, Inc. May 23, 2002 Envieteriol vad laviroamoatal [esseitasis Mr. Daniel 11.O'Coo toll , MOORE COl RIWR IM). PARTt•11=1ffP 35731. Swrim Drive, Suite 120 Tucson, Ar 7"a 85718 U& CAC M ..lrrRRUCINOUSPYCMY OWI.SttRVEY AT TAR APPROXIMATELY 73 -ACRS QUAIL )RAINOORE ROAD 1P'ROIPERlY SPRING 2002 WWn.AND JOB NO. 725.02 Door Mr. O'C.'orne& At your retl =% WcALaod Resourw% lac. (WesdAn4 conducted three complete surveys for t»aatus t'e►r4nous pygmy -owl (CFPO) during th* Spring 2003 survey mum at your spproximeldly 73 -nose Moore Corridor property located at *4 awarcast corder o rwilcl Buse and Moore mds its Tina Ctwnty (Filtum 0 tU aRycys mete cosrrislOwd undc-r U.S. Fish & Wildlife Service (USPWS) Pcxmit No. TH- 834782 -2 t%ing protocols adapted in 2000 by ft USl}WS_ No C*P0 were charted dining ffi= arrvays. A trwmta Y Of ft cUfmt survey status of your Property is provided bciaw. followed by a more detaik -t discussion of survey mathods and rield observations. Clrl'ttb't1R1 :N M Y- w- ••.�rww�..- 1 2001 and 2to2 CCPO wwys erocp kwd uaurdiag m USFWS pratowl. + No CFPO daa;ted in 2001 or 2002. + 'nw Moors: C owd" Property is in am u#P". wtK: do USIrWS =Mnamded two -ye s cons�'elttit W"V for C PPO, a e fth 0=04M 31, 2002. + Your Yalu! soneys oVk# an Un r 1. 2003. If VaFxalon Clearing Is not completed begua *q4 UStWS recomcmueds drat am" additions! YS be comAesed betw .. �.. Jam a nd Jww 2003 bewe fintharv_ tatio�f clearer m ot ,..._ . In Pneral, ntuMs followed thik Aeld procedures outlined in tits neccpted pratoeols. 11e maxiamm dio mt between call stag is 400 meters (oms.quartw moo). At eturh call slation, a 2-min tto inMai listening period is follawad by at least 10 nd a ft of 30-sc Bond GTPO vocalintion broadcasts followed by 90-wcosul IMening periods. The fatal broadcast is followed by a 3-minute listening period. Tile total tirtic spent at each station is at loW IS minutes. If badkemwtd tioi:so is high, stations am plitew at 500. root intemts slid time spent at the statien is ex"ded to At least 20 minutes. Sluvey perms sue restricted to one hour before to tan hours after sunrise and one hour befarc to one hors after su=4 except wing lull maotrs. USI;WS raeoinerends three CF!'O sungs in each of two consecutive years be completed with no CPPO detections before: vcgrtatkm clearing amnmences for-most projects. to most cases ffitse surveys must be T T, IS. AIZP- &,AM m. W% 2343 E. Broadway Blvd., Suite 202. Tvcsoa, A7. 86719. s26 Pau 580.206.9510 The Estate Lots at Tortollta Reserve ARCADIS EXHIBIT I.e.2 .•, ,, j..... ;,,,.,, .:.. :.... :.:::....:.: ... ......... , a: r. ,,, Wildlife 26 Mr. b u del N. U'Conscu Ma 2oai Pago 2 UV W S rocamnwids dime CFPO samp in each oftwo emee dive years bo empleted with .no CFPO dedectionn bdm veptatift cleub* coametmm k areal pmjoeta. In eta cam dicso sestveys mi t b� ootnpletad betwom Jatemq V and hm 30, wick at loft one covey dmwUCed between Folimmy 1 5 aid April 1S and set test 13 days bdwom cacti snrvay. &nw rMlts rite valid dirough the "A of the calondar year in which die swood seeme of see> M h aamplemod. Vveg odlon dining is ad esnatVUW in that th m Remo and suit" habitat is dill present on J=w" e, UUM motes 1149 dmoo additional uwrverys be mnph tcd dgaing the fogowing amey striae (Ymmary bane June) before fw Ind dasetins of saihMe habitat otecum (USFWS Ps vino Landoe+mcr Ciui&ncz, Mmh 2000). 'no Oerre surveys of the property were condeded aawding to accepted protocol on Jim ery 22; Fobruory 8; and Mrnay 28, 2002. No CM were datoded during then sw%vy cif tu. 91% caNieg stations provided eomplaw coverage of the assn dining each muvoy. Weeatbm vondfn om daaiag the mvey/ s m4om were within the range comdkvd acceptable by USFWS for CM s►n+v+ey. Properly and va gotedan dexodpdons mra found in the CFPO respcltt patepered by WavLand fear this poop" is the prcwious mm". Add#elcnaeal mvoy inionnadom was recorded on CFPO muvcy field feaam salnrnimed to USFWS per m"Cy pemat T***Oment& five aWoaWa the oppeatun W to c=Vl tc d ds ="W to your $chalf. If yo u have any quwd m or wo cock be of additWA sues mwA please m9act Jim Tram or rem at (S20) 20"585. Siacmgy, WedLeand Rmwwmt 8, teee:. soon Had Pried manager C711..bo ftelosasro: Vigum 1. Project prat► MW The Estate Lots at Tortolita Preserve ARCADIS EXHIBIT I.e.2 �. Wildlife 27 TUCSON METROP AREA ARIZONA r t n r PROJEM LOCATION f ` _.,.�.. w.l.....,rrt ».,q yT�. ....a.;�»Lio.i���.v. rte.•+... -., s,+»* i 1 ��....,. ` 1 • `'� :1 `•. '�,`' �, r ii �' `• - 1 A z 4 t 4 »,• t r ` 1 ! T_ 11$•. M 12 S., Set• 26. W 112 Q VW V4 p !$� P+aa gamy. Mzona Corwoo 124000 tAm +� s co sto0on MOt� t�RMIDOR LTD. PARTNMM IP APpfofteo Scab 1 - 20t10r 73L Aiota Mwo Cvoddot PrdpWV W"tt»and Ftosourcoo Ina. wo avt�uo�ozc�cl�sa�iRu >21NOUd8lwourayun sift: t �.w►r a. ws�a b\x A\\b 1 VtCNiIlYttAP stw t:� y asa . The Estate Lots at Tortolita Preserve ARAS EXHIBIT I.e.2 Wildlife 28 I ■ 1 1 I 1 t iii t i 1 � i i Well Site ' t t 2 ■ t + 3 Moore Road 5 4 SCALE IN FEET NORTH Moore Road 0 200 400 800 / / High Visibility Areas Specific Plan 2 Photo Locations EXHIBIT I.f.I Viewsheds r -- r r r O View looking south down Quail Run r l� r k O View of well site from Quail Run The Estate Lots at Tortolita Preserve g ARCADIS EXHIBIT Lf. l a Site Photos r 'ir� I r r 4. 0 . 0 111 Q View looking west along Moore Road. F - x s t O View looking east along Moore Road. The Estate Lots at Tortolita Preserve ARCADIS EXHIBIT I.f. I a 't,35t2Kture, t3oddimp, f'71VJ1G1r1fIent, C(}f7N'hunicdtim Site Photos (Cont.) 31 r o Aft 4 rP a r r r r.' r r 5 View looking north east from the corner of Moore Road and Wild Burro. r r r 1 r r The Estate Lots at Tortolita Preserve ARCADIS EXHIBIT I.f.Ia tnfr�sfr« -tore buildings, ertvir�inn>e rt e'ornnaunicatrom Site Photos (Cont.) 32 r G. Traffic The Estate Lots at Tortolita Preserve is a proposed 25 -lot residential subdivision on about 72 acres located on the northeast corner of Moore Road and Wild Burro Road in Marana, Arizona. The site is situated in the west one -half of the southwest quarter of Section 26, Tl IS, RI 2E. Access to the site will be by way of a gated entry road connecting to Moore Road ' about one - eighth mile east of Wild Burro Road. This location is about the mid- point of the site's Moore Road frontage. Site ingress /egress will be via Moore Road to Dove Mountain Boulevard, then, typically Tangerine Road. Moore Road is currently paved west of Dove Mountain Boulevard to Wild Burro Road, approximately a mile length. At Wild Burro Road, the paving ends and dirt ' tracks proceed west. The paving of Moore Road is two -lane strip pavement except the eastbound approach to Dove Mountain Boulevard has been widened, and curbed to provide two approach lanes (left- and right -turn lanes). The regulatory posted speed limit on Moore Road is 40 mph. Quail Run is an unpaved roadway within a 50' easement that serves only the subject ' property. Wild Burro is an unpaved private roadway within a 30' easement that accesses several properties north of the plan area. H. Recreation and Trails According to the 2000 Town of Marana Trail System Master Plan there are 2 candidate trails within approximately one mile of the subject property. See Exhibit I.h.l : Recreation and Trails. Wild Burro Trail is north west of the site through the Tortolita Preserve and the Tortolita Preserve Trail that runs along the Moore Road alignment. There are two Eastern Pima County System Master Plan (EPCTSMP) trails that impact this project. Trail #171 (Moore Road) is within the existing Moore Road right -of -way and trail #178 (Wild Burro Road) is within the existing Wild Burro Road easement. A 30' public access trail easement will be granted by Final Plat within the existing Wild Burro access easement. No new physical improvements are required for these trails. r I. Cultural / Archaeological / Historical Resources 1. Location of resources on -site The property was examined for archaeological sites in 1981 and again in 2002. There is no known archaeological site on the Moore Road property. r r ' 33 - CTO'Se'Tortolita - aster Trail Plan , i r s _fi t 1r •. ,� .:. � .• .. Wild Burro Trail EPCTSMP #178 Tortolita Preserve Specific Plan m To rtolita i Preserve Trail EPCTSMP #171 x ,," w" &M ftegww ..,� fro N 913 � 1'r* I'M f waewso..*, —*.: Fes, 3^, zii.rxaenY. G +File+=S', It IOeNai" pftaww I a* i I I 9 Ina t Uuw %A0& f"A ?Fs t.,» �.. twyruriAsaraca� .vt�+4'r�*F'sea psi.: .4IH6`IMI♦a#'dF1Y 0,0 p?e#ki pw*" kt Umwr M *Otvr~wk Trsw 2,3 Z t " tk sa. c..v w,w•� tees . � ar , - a.� .� �. * z F�"` ;" f #tirt .wiw. re-# sTM. w.« R�smwnesws+ wcw be ie t0w t j '" 1 1, (, ^9e 0 *-% »ba.q+�. } ffirn 4wi4 3YeeP3 i'�"kCMfti L ��G' b�' V #4N VO 1 05 . YRC `=M4 .[4F+u.5xHM TF4a ta.paa. si •r l y,«,%— W*#*St CO "M *Ow 4w how mw�, r. . U... tail!: � - � � 931.'di w0t v o� ka f` Z 0. 4s "? a+t #4' t k.+, M+m.'ua,a:�+dT'M+d4ls�ea taMgsa�fwMisb Ak t�Ai�iWp: ee.:.9 ��;r« a=�x rta Fw�.:a Aw asepvXa,rr�, A.Y apti:.= The Estate Lots at Tortolita Preserve VA ARCADES EXHIBIT I.h.l Infrastructure, buidn ef)wronrnent, communications Recreation and Trails 34 ! 2. Letter from the Arizona State Museum The Arizona State Museum has no objections to the project and plans may proceed as scheduled. In addition to the ASM survey, David Stephens of P.A.S.T. also surveyed the property in September of 2002. Letters from the Museum and P.A.S.T. are provided as Exhibit I.i.2: Archaeology. 3. Cultural Resources Survey David Stephens of P.A.S.T. has completed an independent archaeological survey (P.A.S.T. Cultural Resources Report No. 021471). It states there are no indications of archaeological resources on the site. The result of his survey is included in Appendix A of this report and is titled "Cultural Resource Survey of the Garden ' Estates at Dove Mountain Project near Marana, Pima County, Arizona." The report title references the previous name for the project now referred to as The Estate Lots at Tortolita Preserve. J. McHar 9 Composite osite Information Information regarding topography, hydrology, vegetation, wildlife and views has been combined to form the McHarg Composite Map displayed as Exhibit I J.1. 1 1 ' 35 THE UNIVERSITY OF Arizona State viuseunt ARIZONA Tucson, Arizona 85721-0026 520) 621 -628.1 TUCSON ARIZONA FAX (320) 621 -2976 ' April 23, 2002 Mr. Joe Mussulman /Project Planner ' MUSSULMAN GRAPHICS. 4240 w4EST Dakota Road Tucson, A7 85746 Dca Mr. .Mussulman: ' Thank you for your letter of April 18 requesting an archaeological site file check for property located at T 1 IS R 12E Sec 26 W 1 /2 of the SW 1 /a.. This is in regards to your project of 72 acres. (Project name and number were not supplied with request.) ' The Archaeological Site Survey Files at the Arizona State Museum have been consulted with the following results. There has been one archaeological survey (1981- 174) conducted on the subject property. Sites were not found on the survey of this project ' location and as a result the State Museum has no objections to the prgiect and plans may proceed as scheduled. (It is possible that the Pima County Archaeologist. Ms Linda Mayro(740 -6451) and Mr. David Cushman (740 -4272) may require a new survey so i please do contact them for additional input.) If however, during land modification activities cultural remains are encountered please notify the State Historic Preservation Officer or the above archaeologists. When burials or cremations are found, then please contact Ms Lynn Teague (Repatriation Coordinator) at 621 -4795. In either case, work at the project location is to. stop while notifications are made. If you have any questions regarding this letter please feel free to contact me at ' 621-4011 or via email at <surban(Pu.arizona.edu >. Billing for this file check will be sent out separately and to Mr. Mark Hanshaw. Siricorely, Sharon . Urban (Miss) Public Archaeologist sfu The Estate Lots at Tortolita Preserve ARCADIS EXHIBIT U.2 Archaeology 36 DEAR� ZO E A0 _ - -- - Vim.. Is Q i 00 440 df D � fl ti � i EL 6 tps K + Qloo =354 cfs Q 1 oo =146 cfs i 1 •+ iiir iii ®i (t A <-,' Q l oo =147 Iq • Q l oo =443 'cfs i �-• DEPTH I v .� + + 1 +I t ■ ' vE =;1. s tps • 1I •• Qloo =204 cfs K + r Q100=366, cfs i �' I t r • t �: t t Q100=90 cfs Qloo =228 cfs i Qloo =174 cfs i# + • Ar� I Well Site i ■ +' �.. i ~ t Y • • ■ • Moorc Road Qi00 =82 cfs r AC Q i oo =142 cis Q l oo =181 cfs NORTH SCALE IN FEET High Visibility 0 200 400 800- — AO Flood Zone The Estate Lots 100 Year Floodlimits at Tortolita Preserve 0 Saguaro Cactus Over 18' EX HI B IT I. • I A RCA V I S + Saguaro Cacti greater than 10' • Saguaro Cacti greater than 6 McH.arg Composit Map 37 I1. q)E`-,ELOgW ('L A. Purpose The Estate Lots at Tortolita Preserve Specific Plan establishes comprehensive guidance and regulations for the development of a 72.6 -acre residential community within the Town of Marana, Pima County, Arizona. The Specific Plan serves as a regulatory tool governing planning and zoning and is adopted by ordinance. The Specific Plan conforms to the Town of Marana General Plan and supplements the Town Development Code. The Specific Plan is a tool used to implement the General Plan at a more detailed site - specific level for a described area. The Specific Plan articulates the planning considerations for such parcels and imposes regulations or controls on the use of such parcels. The boundaries of this Specific Plan are shown on Exhibit ll.a.1. B. Location The Estate Lots at Tortolita Preserve Specific Plan property is located in the eastern portion of the Town of Marana in Section 26, Township 11 S, Range 12E. The site lies approximately 3.5 miles east of Interstate 10, one mile north of Tangerine Road and one mile west of Dove Mountain Boulevard. Moore Road is the southern boundary. The northern and eastern boundaries are privately owned parcels. The western edge is bound by State Land currently under study by the Town of Marana and called Tortolita Reserve. C. Authority and Scope The Town of Marana Land Development Code provides the uniform procedures and criteria for the preparation, review, adoption and implementation of specific plans in Marana. The Estate Lots at Tortolita Preserve Specific Plan is a regulatory plan, which will serve as the zoning and development code for the subject property. Final plats and any other development approvals must be consistent with the Specific Plan. D. Legal Description See Appendix B for Pima County Assessor's parcel record information and metes and bounds from Ken Rhoads, R.L.S. E. Goals The purpose of the Specific Plan is to guide the development of The Estate Lots at Tortolita Preserve site and provide direction for community design and management of open space. This plan is intended to implement policies of the Town of Marana General Plan with a unique vision that suits the needs of the site. Development criteria established in this plan will ensure quality design and marketability of this property while bringing new concepts of subdivision design and open space conservation. The goal of The Estate Lots at Tortolita Preserve Specific Plan is to: • Create a residential development that serves the needs of the region and contributes to p g the overall quality of the community; 38 Lj I b — 1 . . . . . . . . . . . . 1 :' • t : j , 017N Ll1N75 �LO O 4 .:I i ' ( '•.' DOVE MTN �� • - �• • - sea cq_ _._. �:.. �.. 87 e 26 MOORE ROAD 3s 35 � 4 . f f � w - s .,. u h w SCALE IN FEET NORTH 0 200 400 800 The Estate Lots at Tortolita Preserve ARC.ADS EXHIBIT II.a.I Specific Plan Boundaries 39 • Coordinate project design to provide a land use pattern compatible with the natural environment; • Integrate development and conservation techniques to conserve portions of the site as wildlife habitat while at the same time developing a cohesive residential setting; • Ensure coordinated g through lanni e res onsibln the use of cohesive procedures, P P � development regulations, standards, and guidelines; • Allow flexibility n street standards in order to reserve sign land around y P � natural washes and other heavily vegetated areas; • Implement U.S. Fish and Wildlife guidelines for the Cactus Ferruginous Pygmy Owl habitat recovery; • Provide uniform development regulations for land use, circulation and environmental conservation; • Develop design guidelines for the project that will provide for and encourage variations in the design of all structures. • Support the goals and policies of the Town of Marana's General Plan by implementing the Towns Zoning Code. F. Relationship to Adopted Plans This plan conforms to the Town of Marana General Plan, and the recommendations set forth by the U.S. Fish and Wildlife Service for this site. G. Land Use Concept Plan The Estate Lots at Tortolita Preserve Specific Plan is unique in that it plans for the conservation of Cactus Ferruginous Pygmy Owl Habitat. The Land Use Concept Plan for The Estate Lots at Tortolita Preserve relies on a unique approach to residential development that conserves significant wildlife habitat and open space. The location of the residential areas within the setting of habitat conservation creates an exciting opportunity that adheres to the applicable guidelines set forth by U.S. Fish and Wildlife Service, thereby encouraging other developments within designated critical habitat areas to adopt similar regulations and design guidelines. The Land Use Concept Plan is illustrated as Exhibit II.g.l. As shown on the Exhibit, the proposed land use for The Estate Lots at Tortolita Preserve Specific Plan includes two designations. Residential uses encompass a maximum of 20 percent of the site and include all streets, building sites and utility lines. The open space in The Estate Lots at Tortolita Preserve encompasses 80 percent of the site and includes open space in and around the residential areas. Based on these percentages, from the total 72- acres, approximately 58 -acres, or 80 percent, will be open space, and approximately 14.4 -acres, 40 ■J Emergency ■ 'f Access ' ■' Easement ■ 11 9 t ■� 12 8 ■ ' 15 o 1' 16 13 o14 ' oc ■� 7 ■ 0 !; 17 3■ m ' ■� 6 �� 19 18 5 ■ 20 21 i 4 ' 'i 22 ■ i 23 ■ wen Me ■' 24 2 ■ i 25 o 1 ■ 1 Moore Road NORTH SCALE IN FEET 0 200 400 800 The Estate Lots N inumum Lot Size = 2.5 Acres at Tortolita Preserve (.3 RAC) EXHIBIT Il.g. 1 Land Use Concept 41 or 20 percent will be residential uses and supporting infrastructure including roadways and driveways, easements and drainage improvements. See Exhibit H.g.2: Conceptual Lotting / Open Space. A Biological Evaluation is being prepared by Darling Environmental and Surveying, Ltd. and will be submitted to the Town under a separate cover. This will include design guidelines, proposed development regulations and mitigation measures for the subject site. M of these development regulations have been adapted from the Pima County Many P � P Conservation Subdivision Ordinance in response to concerns raised by the U.S. Fish and Wildlife Service. As a result, some of the road standards and treatment of trails may differ from Town of Marana policy and codes. Where there are inconsistencies between the approved guidelines and Town of Marana policies and codes, the Town of Marana reserves the right to administratively permit the policies and guidelines provided in the Biological Evaluation that have been accepted and/or recommended by the U.S. Fish and Wildlife Service. S The proposed site plan is shown in Exhibit II.g.2• . Conceptual ep Lotting / Open p p ace. This exhibit illustrates the development of the residential areas within clearing areas and the areas to be conserved as open space. A table in Section II.I demonstrates compliance with the requirement of 20% maximum site disturbance. H. Circulation Element As displayed on Exhibit H.h.l: Circulation Plan, direct access to this project will be provided through one access point on Moore Road. General circulation in the area includes access and connectivity to Tangerine Road via Dove Mountain Blvd. Interstate 10 is accessible by way of Tangerine Road or routes such as El Camino de Manana via Cortaro Farms Road and the Interstate Frontage Roads. All wash crossings will be as close as possible to perpendicular to the wash and all attempts will be made to cross these washed at their minimum width. Internal circulation is restricted due to the size and quantity of regulatory washes on -site. Internal circulation within the residential areas will be via a series of local residential streets branching from one main entrance roadway to preserve a minimum amount of ground disturbance along the spine road. Visitor parking will be accommodated within private driveways by individual homeowners as regulated by the homeowners association. The main entrance is accessed off Moore Road. Exhibit II.h.I: Circulation Plan illustrates the proposed internal circulation system. The internal street system shall be private beginning at those points where it leaves the existing public right -of -ways. A gated access point will be established at this location. All roadway improvements will be the responsibility of the property developer. The referenced Traffic Impact Report will be approved by the Town Transportation Engineer 42 EMERGENCY ACCESS EASEMENT � ! 10 w .gar w aww, w wws w 9 1 3 ■ r. s, Note: Maximum ' Site Disturbence ■ is 20% of Gross Site ' Area 20 2.2 1 ` 4 See Table 4 - , 2 For Clearing , ■ Calculations ■ 2�` 25 w��• 0 MWO0 wrw w Moore Road Suggested Pad (Not to exceed 15,000 Sq. Ft. Per Platted Lot) NORTH SCALE IN FEET Undisturbed Natural 0 20 4 00 800 Open Space The Estate Lots Floodplain at Tortolita Preserve ARADI EXHIBIT ILg.2 Conceptual Lotting /Open Space 43 I •�-- 2ND. ■ 1EMERGENCY ACCESS ■ l 1 ■ ► t V A.C.E.1 =� ; ■� Existing Rd. i C To be Abandoned � � ■ {� & Revegetated , - Existing 30' ■� i Access Easement!, ► , ■ Wild Burro Road tM 4 ,► ---------- - - - - -- ....,r.�...�.. ..�.�...�...�. Moore Road NORTH SCALE IN FEET The Estate Lots 0 200 400 800 New Right -of- -Way ------- Existing Roadway at Tortolrta Preserve (To be abandoned) EXHIBIT II.h. I ARCADIS Existing Right -of -Way (To Remain) Circulation Plan 44 P rior to the final approval of subdivision plats. This traffic study provides an analysis of existing roadways an d intersection capacities in accordance with this report. There are no off -site roadway improvements needed for this project. A typical cross - section for the main entrance roadway is shown below The main entrance roadway is approximately 2,363 feet long. While this exceeds normal standards for cul -de -sac length, it is justified for this project in that it minimizes required site grading and wash crossings while optimizing building pad locations. A secondary emergency access is provided at the north end of the project. Wild Burro Road will remain as an unpaved easement in order to continue to provide access to the parcels to the north. A 1' access control easement along Wild Burro Road will restrict access to this development from Wild Burro. Quail Run will retain a 330' long stretch of unpaved roadway at the north side of the development for emergency secondary access. VMES %AM fAF1E$€i : -i P�111fN1 =NT I NS* SLQPB 1 EASE E R.t)UBD CURBS l - - IA'fCN f1ST. ARFA T1t►WAL LOCAL ROADVAY The existing Quail Run, with the exception of the north 330 feet, which currently serves only the project area, will be abandoned and re- vegetated. Street designs shall conform to all Northwest Fire District standards and recommendations. Preliminary details for access to the Taylor property to the northwest of this project and a typical wash crossing are shown on Exhibit III.d.3c. Trip Generation h Single- family residential trip generation rates were selected from Trap Generation, 6` edition, Institute of Transportation Engineers, 1997. Application of those rates to the 25 units produced the information in Table 2 and Table 3. 45 Table 2 Trip Generation Rates ITE Land Daily Trip AM Peak Hour PM Peak Hour Code Use Rate In Out Total In Out Total SFR rates 210 per dwelling 9.57 0.1875 0.5625 0.75 0.6464 0.3636 1.01 unit Table 3 Gross Trip Generation The Estate Lots AM Peak Hour PM Peak Hour at Tortolita Preserve No. of Units I Daily Trips in Out Total In Out Total 25 1239 5 1 14 119 16 9 125 In summary, The Estate Lots at Tortolita Preserve can be expected to generate about 239 trips on a weekday, with 14 out and 5 in during the morning peak hour and with 16 in and 9 out during the afternoon peak hour. These numbers are so small that no off -site improvements are needed as a result of traffic impacts of this project. The minimum roadway cross - sections of the main entrance road as well as minimum roadway cross section of the local streets are discussed in the Development Regulations section of this Specific Plan. Slope and utility easements for internal roadways will not extend beyond the minimum right -of -way. 1. Grading Element Grading will take place only on selected areas of the site, and in conformance with the recommendations of the U.S. Fish and Wildlife Service. The majority of the site will be left in its natural state, and clearing will occur on no more than 20% of the site. The overall allowable clearing and related disturbance includes internal roadways and their rights -of -way, building pads, driveways, accessory structure disturbances, utility crossings of natural washes, emergency access drives, and all other areas needed for infrastructure and utilities. Barriers such as temporary wire fencing will be provided for machinery in order to ensure that the grading limits of the developable 20 percent of the site will not be exceeded. In addition, the grading will be in conformance with the Land Use Concept Plan and the Development Regulations for The Estate Lots at Tortolita Preserve. See Exhibit II.i: Grading/Clearing Plan. Areas of the Old Quail Run alignment that are to be abandoned will be re- vegetated. There are several existing easements shown on the boundary survey and topo (Appendix B). These easements are not figured in with the grading percentages because they were never utilized. All these easements will be abandoned and re- vegetated where ground disturbance has occurred. 46 Emergency Access y 3= �i j .. i n p�`�. s I F F sift 8G3t�°r .F�'Jr. �4 ;"3 Yr 9a. M oore Road NORTH SCALE IN FEET 0 200 400 800 Graded /Cleared Areas The Estate Lots Roads -5.20 ac., 7.1% at Tortolita Preserve ARCADIS Homesites -8.6 ac.,12.8% EXHIBIT II.i r;ijr35i:u�i;, t�,u441!ngi. Bnv!!Ut!r *t8! C.:?;Yr,! :7lC�sI:QnS Grading/Clearing Plan 47 Calculation of the allowable grading in The Estate Lots at Tortolita Preserve is based upon the gross acreage of the project site. Table 4 gives the square footage, acreage and percentage of grading on a lot -by -lot basis. Table 4 Maximum Lot No. Lot Area SF Lot Area Acres Clearing Area (SF) % per Lot 1 108,966 2.50 15,000 13.7 2 111,169 2.55 15,000 13.4 3 117,946 2.70 15,000 12.7 4 111,156 2.55 15,000 13.4 5 137,675 3.16 15,000 10.8 6 117,175 2.68 15,000 12.8 7 135,151 3.10 15,000 11.0 8 114,950 2.63 15,000 13.0 9 185,297 4.25 15,000 8.0 10 133,236 3.05 15,000 11.2 11 152,162 3.49 15,000 9.8 12 108,955 2.50 15,000 13.7 13 108,967 2.50 15,000 13.7 14 108,956 2.50 15,000 13.7 15 108,940 2.50 15,000 13.7 16 108,982 2.50 15,000 13.7 17 109,935 2.52 15,000 13.6 18 109,908 2.52 15,000 13.6 19 109,410 2.51 15,000 13.7 20 110,205 2.52 15,000 13.6 21 108,983 2.50 15,000 13.7 22 1 111,705 2.56 15,000 13.4 23 111,740 2.56 15,000 13.4 24 120,943 2.77 15,000 12.4 25 108,972 2.50 15,000 13.7 Totals 68.12 375,000 The calculations for the 20% graded areas are as follows: The Estate Lots at Tortolita Preserve Graded Areas Calculations Gross acreage of site = 72.62 acres 20% x 72.62 ac. =14.52 acres (maximum allowable grading area) Homesites: 25 homesites x 15,000 SF = 375,000 SF = 8.61 acres (11.9% of 72.6 ac) (8.61 acres = actual cleared acreage that includes pads, drives, septic fields, front and rear yards, secondary structures) 48 (maximum 42' wide see Section II. Roads. (max H) Length of main entry road (2,363') 2.28 acres Length of cul -de -sacs (3 total = 1,258') 1.21 acres Wild Burro Road (20'cleared x 2,232') 1.02 acres Emergency Access (20' x 390) .18 acres Total R/W ac. 4.69 acres or 6.5% Well Site: Estimated well site (21,780 sq. ft.) .50 acres or .06% Summary: 8.61 acres Homesites 4.69 acres Roads .50 acres Well site +32 acres Miscellaneous 14.52 acres Total Disturbance J. Water Resources The proposed The Estate Lots at Tortolita Preserve development will not have any significant impact upon existing overall natural site drainage patterns. All washes on site will remain natural. See Exhibit IIJ.1: Post Development Hydrology. Due to the overall low density, encroachments into delineated floodplain areas are minimal. Portions of some of the subdivision lots are located inside of 100 -year floodplain limits. This floodplain area can be described as a sheetflow and channel flow zone with flow depths of 1' average. The building pads for the lots that are located within the floodplain will be elevated 1 foot above the 100 -year water surface elevation to protect the proposed homes. Encroachments into the floodplain area that will be required to facilitate a building site on these lots will not result in any impact to adjoining properties. The extent of encroachment is minim and will not result in any change in flow velocities or drainage patterns. The building pads will be located outside of the erosion hazard setbacks, so erosion protection will not be required. The existing flows entering the site will not change as a result of the proposed development. This is due to the long length of watercourse and natural reduction in peak flows. Post - development discharge rates leaving the site will flow from the eastern boundary to the west along natural watercourses and will also remain unchanged. This will be accomplished through water harvesting utilizing permaculture concepts for design. They will be discharged into natural watercourses, as none will be cut off. The post - development 100 -year discharge rates for the concentration points along the downstream project boundary are shown on Exhibit II J.1: Post Development Hydrology. The project will not result in any drainage impacts to off -site land uses both upstream and downstream of the project site. As discussed in previous paragraphs, the project will not 49 Qi o =440 cf w Qioo =354 cfs Q1oo1 `cfs E 9 Q1oo =148 cfs 3 1� , -15 Qloo =446 16 w „ z. 17 `. � ,, Oloo =204 cfs Qloo =57 cfs , l$ Ql oo =374 cfs 5 ` " 44 Q100=90 cfs 4' Qloo =174 cfs Qioo =231 cfs w m 3 2� a oore Roa Qloo =83 cfs�- : � - ��1oo= 143'cfs Qioo =fi83 cfs NORTH SCALE IN FEET 0 200 400 800 The Estate Lots at Tortolita Preserve ARC EXHIBIT lLj.l Post Development Hydrology 50 result in any modifications to natural washes. Encroachment into the 100 -year floodplain areas is limited, so the changes in velocity and depth of flow are negligible. The increase in peak discharge rates is minimal because the project will only disturb approximately 20% of the land area on the project site. Engineering features to mitigate drainage and erosion problems will be required to protect the perimeter of the building areas that are located within the 100 -year floodplain. The building pads for the lots that are within a 100 -year floodplain area will be elevated in accordance with applicable regulations and stabilized to prevent flood inundation and to control erosion. The grading that will be required to elevate these pads will not result in any disturbance to natural channels. ment plan conforms to the Tortolita Basin Management Plan. The preliminary develop p The project site is not located in a critical basin, but the overall development density will be less than one house per acre. Water harvesting is required to reduce on -site flows. A project Hydrology Report will be prepared with the Preliminary Plat. This will determine the need for individual F000dplain Use Permits. I K. Environmental Resources and Conservation The Estate Lots at Tortolita Preserve Specific Plan is designed as a private residential community integrated with the natural environment of the site. Due to the site's location in designated Pygmy Owl habitat, and in an effort to maintain portions of this area as habitat, the developer will submit a Conservation Plan with specific mitigation measures to address habitat conservation in accordance with guidelines established by the U.S. Fish and Wildlife Service. The Conservation Plan for The Estate Lots at Tortolita Preserve requires conservation of 80 percent of lands within the project site in perpetuity for the preservation of habitat resources. The Conservation Plan will address the maintenance of these lands by the Homeowners Association, as well as a program for its implementation, and the guidelines for the operation and maintenance of conservation areas. This Conservation Plan is based on the Biological Evaluation currently being reviewed by the U.S. Fish and Wildlife Service for this site. The Biological Evaluation is required as part of the Section 7 process of the U.S. Fish and Wildlife Service. The Estate Lots at Tortolita Preserve Conservation Plan shall implement the recommendations of the approved resource based Biological Evaluation. A copy of the proposed mitigation measures are provided in Exhibit Il.k.l: Mitigation Measures and Appendix C as provided by Darling Environmental and Surveying, Ltd. Once approved by the U.S. Fish and Wildlife Service, these mitigation measures will be incorporated into the project CC &R's for enforcement by the Homeowner's Association. These CC &Ws will be subject to the approval of the Town of Marana at the time of Preliminary Plat. The Plan will also address reserved rights of the Town to enforce, at their discretion, habitat management responsibilities of the HOA. Sl DARLI NG ENVIRONMENTAL & SURVEYING, LTD. A842 E TANQUE VERDE RD, SUITE E t TU0150N A7 t 195715 fN IS 2,rlI 298•17$5 t FAX 15201 248 September 30, 2002 Mark Hanshaw, PE, Rl S Arcadis 2574 N Castle Rock Drive Tucson, AZ 85749 Tel: (520) 749 -6294 FAX (520) 749 -6308 RE: USFWS Postpones Endangered Species Act Consultation Meeting - Approximately 72 -Acres - Moore Road - W '/z of cW !/, of Section 26, T11 S, R 12 E Dear Mr. Hanshaw: At approximately 8:05 a.m. this morning 1 received a telephone call from Ms. Kim Hartwig of U.S. Fish and Wildlife Service ( "USFWS "). She informed the that biologists Sherry Barrett and Scott Richardson were called to the USFWS Albuquerque Office for a special Inecting and that this morning's 10:00 a.m. consultation will have to be rescheduled. Ms. Hartwig stated that she would let me know the next available date the agency has open for the consultation as soon as possible. 1 will telephone you when 1 hear from her with the proposed new date and time. Attached is a list of possible mitigation measures to demonstrate that reasonable and prudent measures are being incorporated into the development plans to protect the cactus ferruginous pygmy -owl (Glauddhcm brasilianum cartnrum) and its habitat. Please let me know if you have questions or would like additional information. Sincerely, Darting Environmental & Surveying, Ltd. Mary f. Darling. MS, JD PrincipaliEnvironmental Division Manager The Estate Lots pasedtottirtolita Preserve EXHIBIT II.k.1 52 Mitigation Measures Moore Ruad (Scctiou 2Ei, `!' 1 I :S, R 12E) Possible Mitigation Measures to Protect the Cactus Ferruginous Pygmy -Owl (Glaucidium brasilianum cactorum) and its Habitat. 1. Design project with total site disturbance of 20 "lo (14.4 acres) or less. 2. Manage at least 80% (57.6 acres) as conservation areas subject to a permanent, natural, undisturbed open space and conservation easement (possibly held by a Homeowners' Association). 3. Manage the conservation areas within the parcel in a manner conducive to the pygmy -owl by limiting in perpetuity, those activities that might adversely affect the owl. Activities that are not conducive to the conservation of the pygmy -owl include off -road vehicle use, application of herbicides and insecticides, disturbance of vegetation, large groups of people, etc. 4. Maintain habitat connectivity within the parcel and to adjacent suitable habitat by maintaining the washes in a natural state. 5. Establish conservation measures to minimize noise and vegetation disturbance within the project parcels. 6. Identify the maximum allowable size areas disturbed within each lot in respect to grading and vegetation clearing for the building site, utilities, driveways, and other landscape features. 7. Place utility lines within the roadways to minimize overall project surface disturbance. 8. Utilize t -post fencing and monitor vegetation clearing to preserve individual trees, shrubs, and cacti where practical within cleared areas to minimize surface disturbance within the project area. . 9. Prior to the initiation of utility and road construction activities, have t -post and wire fence or its equivalent placed at the clearing limits; keep the fence in place until all road construction and utility construction activities are completed. 10. Prior to the initiation of any clearing activities within each lot, indicate the corners of the clearing limits within each lot with surveyable pins or other permanent markers 11. Incorporate landscape restrictions into CC &Rs. 12. Utilize traditional xeriscapc planting zones where feasible during individual lot landscaping. 13. Preclude outdoor domestic cats to avoid predation of pygmy -owls and their prey; 14. Do not allow chain link or woven -wire fencing within the project boundaries; 15. If a pygmy -owl is detected prior to or after a construction phase has been initiated on the project parcels, take adequate conservation measures to ensure noise disturbances will not cause the CFP0s to abandon the area and reinitiate consultation with USFWS. DARLI ENVIRONM & SURVEYING the Estate Lots $13+43 L TANGLt YCR¢S -0 OTC E *TUCRON AZ * BD's 1 S ai.i s7t 0139Ei•2 ?2S � •srtS 7C OSA4i3 ?6 P. z 4 Preserve EXHIBIT ILk.I 53 Mitigation Measures Estate Lots at Tortolita Preserve Biological Evaluation November 2002 6.3.5. Determination Threatened, Endangered, and Proposed Species: 1 The proposed action may effect, but it is not likely to adversely effect the pygmy -owl, the LLNB or their habitat; nor will it have an effect on any other federally listed or proposed species. The mitigation measures listed in Table 5 will be implemented to ensure no adverse effects to on the pygmy -owl, LLNB, and other listed species. 7. MITIGATION MEASURES Planned mitigation measures are listed in Table 5 below. Table 5 Pro MtWdm Measures to Protect the -Owl and its Potential Habitat: 1. 'ect with total site disturbance of 20 % (14.4 acre) or less. 2. Manage at least 80% (57.6 acres) as conservation areas subject to a permanent, natural, undisturbed open space and conservation easement (held by a Homeowners' Association). 3. Manage the conservation areas within the parcel in a manner conducive to the pygmy -owl by limiting in perpetuity, those activities that might adversely affect the owl. Activities that are not conducive to the conservation of the pygmy -owl include off-road vehicle use, application of herbicides and insecticides, disturbance of vegetation, large groups of peop le, etc. 4. Maintain habitat connectivity within the parcel and to adjacent suitable habitat by maiataining the washes in a natural state except road Oros 5. Establish conservation measures to minimize noise and vegetation disturbance within the 'ect parcels. 6. Identify the maximum allowable size areas disturbed within each lot in respect to grading and vegetation clearing for the building site, utilities, driveways, and other tan features. 7. Place utility lines within the roadways to minimize overall project surface disturbance. 8. Monitor vegetation clearing to preserve individual trees, shrubs, and cacti where practical within cleared areas to minimize surface disturbance within the project area. 9. Prior to the initiation of utility and road construction activities, have t post and wire fence or its equivalent placed at the clearing limits; keep the fence in place until all road construction and utility construction activities are com leted. 10. Prior to the initiation of any clearing activities within each lot, indicate the comers of the clearing limits with surveyable pins or other permanent markers 11. Incorporate landscape restrictions into codes, covenants, and restrictions The Estate Lots at Tortolita Preserve EXHIBIT III.I 54 Mitigation Measures Estate Lots at Tartolita Preserve Biological Evaluation November 2002 12. Utilize traditional xeriscape planting zones where feasible during individual lot lands 13. Preclude outdoor domestic cats to avoid predation of pygmy -owls and their ; 14. Do not allow chain link or woven-wire fencing within the project boundaries 15. N a pygmy -owl is detected prior to or after a construction phase has been initiated on the project parcels, take adequate conservation measures to ensure noise disturbances will not cause the pygmy -owls to abandon the area and reinitiate consultation with USFWS. 8. COORDINATION Steven Spangell, Field Supervisor US Fish & Wildlife Service Arizona Ecological Services Field Office 2321 West Royal Palm Road, Suite 103 Phoenix, AZ 85201 -4951 Phone: 602 - 242- 02101Fax: 602-242-2513 US Fish & Wildlife Service. As of November 12, 2002. List of endangered, threatened and candidate species and habitats for Pima County, Arizona. Arizona Game and Fish Department Heritage Data Management System 2222 West Greenway Road Phoenix, AZ 85023 The Estate Lots at Tortolita Preserve EXHIBIT II.k.I - Mitigation Measures 55 L. Landscape Element The overall goal of landscaping in The Estate Lots at Tortolita Preserve is to maintain a desert theme, incorporating plant materials indigenous to, and blending in with, the Sonoran Desert. Natural buffers will be maintained along all roadways abutting and within the site. The arameters and goals for The Estate Lots at Tortolita Preserve Landscape P Preservation Plan are included as Appendix E. These parameters outline the landscape, maintenance and Native Plant Preservation guidelines that will be used on the project. These parameters also address treatment of areas previously disturbed. The Landscape Preservation Plan shall also be subject to USFWS recommendations and Town of Marana recommendations and regulations. M. Recreation Concept The Estate Lots at Tortolita Preserve Specific Plan will support the objectives of the Eastern Pima County Trail System Master Plan and the Town of Marana Parks, Trails, and Open Space Master Plan by increasing linkages to the surrounding area, and by providing residences of The Estate Lots at Tortolita Preserve enjoyment of significant open spaces. A minimum of 80% of the Specific Plan site will be left in a natural state. Existing washes on the site will not be modified for pedestrian or equestrian trail access or use. In accordance with the guidelines set forth by the U.S. Fish and Wildlife Service, new internal trails in The Estate Lots at Tortolita Preserve will not be developed. Due to the environmental sensitivity of this project, no parks will be provided. In keeping with the U.S. Fish and Wildlife Service recommendations, this site will remain predominantly a natural setting with opportunities for walking, wildlife observation, and passive recreation. N. Cultural Resources An on- the - ground survey of the property was conducted by the Arizona State Museum in 1981, yielding no recorded sites. The Arizona State Museum recommended further investigation of the site. Following that suggestion, P.A.S.T. Archaeology Consultants was contracted to do a follow up survey of the entire site. Preliminary results of that survey are being reviewed by the Arizona State Museum and a detailed report is attached in Appendix A. 0. Viewsheds This project is designed to have little or no effect on viewsheds from adjoining properties. Views and vistas of both the existing on -site vegetation and significant off -site features such as the Tortolita Mountains will not be inhibited by this project, due in part by the large site area, relatively flat terrain, and existing vegetation along the project boundaries. Homes will be sited to take advantage of distant views of the Catalina Mountains, Tortolita Mountains, and on -site vegetation. A natural buffer will be maintained along the property perimeter and along Moore Road, helping to maintain the existing rural character of the area. 56 P. Public Utilities 1. Sewer Sewer service for The Estate Lots at Tortolita Preserve will be septic. 2. Schools The Estate Lots at Tortolita Preserve is within the boundaries of Ironwood Elementary, Tortolita Middle School and Mountain View High School. Ironwood t Elementary, located at 3300 W. Freer Dr., is 7.5 miles from the site. Tortolita Middle School, located at 4101 West Hardy, is 8 miles from the site. Mountain View High School, located at 3901 West Linda Vista Blvd., is 7 miles from the site. Using formulas from the Town of Marana School District, this project could generate approximately 24 school -aged children. i K - 6: 1/2 x 25 units =12 school aged children 7 -12: 1/2 x 25 units =12 school aged children 3. Fire / Emergency vehicle service Emergency vehicle access for the residential areas will be accommodated within the right -of -way of the entrance boulevard. This entrance will be designed to allow the passage of emergency vehicles into the project site by means of a divided two -lane roadway with a median. The Estate Lots at Tortolita Preserve will be a gated community, however, NW Fire Department officials and police officials will have electronic opening devices or by -pass codes to ensure 24 -hour access. See Appendix D for Northwest Fire District annexation amendment. Additional safety measures in The Estate Lots at Tortolita Preserve are being taken to address emergency concerns. Ongoing discussions with the NW Fire Department staff indicate that measures can be taken to address fire and emergency issues. The Estate Lots at Tortolita Preserve development may include several of these recommendations. The developers of this project have agreed to require sprinklering of all residences. 4. Water service Presently the Tortolita Water Company services the entire subject area. This Waxer Co. is owned and operated by the project developers. It is anticipated that they will obtain the required 100 -year assured water supply designation from the State Department of Water Resources and provide the 25 new lots with both domestic and fire flows as a part of the development process for this project. The certification process is currently in progress. 5. Development Agreement A Development Agreement addressing infrastructure implementation, specifically in -lieu fees for; parks in the amount of $1,400 per lot, streets in the amount of $2,500 per lot, and schools in the amount of $1,200 a lot, is required prior to Town Council consideration of the preliminary plat. 57 (DE EL VOWS A. Purpose and Intent These regulations will serve as the primary mechanism for implementation of the land uses for The Estate Lots at Tortolita Preserve. The Estate Lots at Tortolita Preserve Specific Plan Development Regulations establish the intensity and character of the development by prescribing site - specific development standards that are tailored to the unique qualities of the project. The regulations contained within this section provide an appropriate amount of flexibility to anticipate future needs and to achieve compatibility with surrounding land uses. The Estate Lots at Tortolita Preserve Specific Plan proposes a gazed residential subdivision that is more. harmonious with its natural setting than traditional subdivisions developed under R -6, R -8, R -144, or other large lot zoning. As a residential development, The Estate Lots at Tortolita Preserve will utilize state of the art plan techniques to develop in sensitive areas and create safeguards for natural resources within the planning area. The Plan represents cohesion between protecting habitat while providing appropriate community growth. These development regulations apply to the 72.6 acres of land in The Estate Lots at Tortolita Preserve that are currently under the jurisdiction of the Town of Marana.. B. Applicability of Town of Marana Land Development Code If an issue, condition or situation arises or occurs that is not addressed by this Plan, the applicable portions of the current Town of Marana Land Development Code shall apply. C. Definitions Temporary Nursery: A nursery for the storage and protection of on -site native protected plant species relocated or otherwise disturbed during the development of The Estate Lots at Tortolita Preserve. This nursery shall be dismantled and re- vegetated in accordance with The Estate Lots at Tortolita Preserve Landscape Preservation Plan within 3 months of relocating protected plants to their final sites. Gross Acreage: The gross acreage is the sum of all land in The Estate Lots at Tortolita Preserve. The gross acreage figure is the basis for determining the allowable disturbance acreage. r D. Development Regulations The project shall be limited to a maximum of 25 dwelling units with a minimum lot size of 2.5 acres (108,900 SF). Maximum Total Disturbance of The Estate Lots at Tortolita Preserve: Not to exceed 20% of the Gross Acreage of The Estate Lots at Tortolita Preserve site. 58 1. Residential The following regulations shall apply to the Residential Area Designation (RA): a. Primary Uses (1) Site Built Residential Dwelling Units (2) Utility Easements and Water Co. facilities b. Accessory Uses Residential Accessory Uses: The following accessory buildings and uses may be located on the same lot with a permitted dwelling, provided that any permanent building or structure shall be harmonious with the architectural style of the main ' building and further provided that all residential uses are compatible with the residential character of the neighborhood: (1) Children's playhouse; (2) Non - commercial greenhouses; (3) Non - commercial hobby shops; (4) Patios and Cabanas; (5) Swimming pools, spas, and related structures; (6) Tool shed. No accessory use should increase any given lot's allowable disturbance area as delineated on the Final Plat. c. Project Accessory Uses (1) One Temporary Nursery d. Development Standards (1) Minimum Lot Area: 108,900 square feet or 2.5 acres (2) Maximum Disturbance Area per Lot: 15,000 square feet (3) Interior Lot Setbacks Minimal standards for setbacks in this low - density development will be utilized in order to allow flexibility in setting individual lot clearing limits. Side: 10' Back: 20' Front: 20' (4) Perimeter Setbacks: 30 feet (5) Maximum Building Height: 30 feet (6) Individual homes will require sprinklering for fire protection. (7) Permacuiture principles shall be utilized for individual lot grading designs. (8) Architectural Standards shall be in accordance with the guidelines contained within and regulated by the provisions of the CC &R's. All building plans shall require approval by the committee of the Homeowner's Association in addition to the normal Town of Marana approval process. 59 2. Open Space Open Space Regulations shall apply to the Open Space Designation (O /S) (total land outside the developed portion of the RA areas). The O/S shall be no less than 80 % of the total land area of the entire site. The lands within the O/S area shall be preserved as natural undisturbed areas. a. Permitted Uses: None b. Environmental standards: (1) The open space land use designation shall be preserved for habitat mitigation. (2) All disturbed areas will be landscaped or re- vegetated in accordance with The Estate Lots at Tortolita Preserve Landscape Preservation Plan. (3) Natural open space areas of vegetation designated to be preserved shall be protected during grading and construction activities by fencing and flagging, and in accordance with The Estate Lots at Tortolita Preserve Landscape Preservation Plan. c. Maintenance (1) A Conservation Plan shall be developed to manage all 0/S areas and undeveloped RA areas to ensure continued preservation of these lands. (2) The Conservation Plan shall implement the guidelines of the U.S. Fish and Wildlife Service that relate to this site (3) The Conservation Plan shall include the reserved rights of the Town to enforce habitat management responsibilities of the HOA. 3. Minimum roadway development standards r a. Application These minimum street standards are additions to the existing Town roadway standards and cross - sections and may be used in addition to the specified details of the Town roadway standards. All internal roadways shall be private roadways, owned by The Estate Lots at Tortolita Preserve Homeowner's Association. b. Functional Classifications Defined Within The Estate Lots at Tortolita Preserve the local streets can carry Average Daily Traffic Volumes (ADT) of up to 1,500. Design Speed for these local streets is 25 mph. Anticipated traffic is much less that this design capacity. c. Cul -De -Sacs: Restrictions on the length of cul -de -sacs contained within the Town of Marana ' Street Standards do not apply to The Estate Lots at Tortolita Preserve Specific Plan. There is no restriction on cul -de sac length. The minimum turnaround right -of -way radius shall be forty -two (42) feet. Street design shall conform to 60 all Northwest Fire District standards and recommendations. The unusually long cul -de -sac "main entrance roadway" is mitigated by the 25' -wide emergency access road at the north end of this new roadway. This emergency access is part of the existing Quail Run Road and will access from the turn- around at the end of the paved road. Entrance to the Taylor parcel shall also come from the cul- de -sac turn around and a portion of the emergency access drive. A detail of this configuration is shown as Exhibit III.d.3c. I Curbing and Sidewalks: Roadway layouts in The Estate Lots at Tortolita Preserve should have minimum affect on existing drainage patterns in either sheet flow areas or defined f channels. Wedge or ribbon curbs will be used where appropriate for The Estate Lots at Tortolita Preserve. See Exhibit III.d.3d. Sidewalks on interior roadways will not be installed due to the low density. Landscaping or re- vegetation in accordance with The Estate Lots at Tortolita Preserve Landscape Preservation Plan shall be employed to re- vegetate back to the edge of curb or shoulder. ' No curbing or sidewalk will be required for the Moore Rd. frontage. e. Travel Lanes: In The Estate Lots at Tortolita Preserve, vehicular travel lanes are to be twelve (12) feet in width. The one gated entry, with access solely off Moore Road, will have a minimum 42 -foot right -of -way and will be constructed with one 12 -foot lane in each direction. The local streets within The Estate Lots at Tortolita Preserve will have a minimum of 24 -feet of pavement. Streets are not designed to accommodate visitor parking in the community. E Cross - section The standard cross - section for the internal street will be as follows: (1) 42 -foot wide right -of -way (2) 24 -foot wide pavement (2 x 12' travel lanes) (3) Rolled curb both sides (4) 4' graded shoulders for pedestrian refuge and utilities (5) No sidewalks will be utilized g. Entry Monument 1 One monument at the gated entry will be permitted subject to the approval of the design review committee of the Homeowner's Association and the Town's current sign ordinances. 61 t I WOO ILE ►1 wAmm"Imim M`ANdF.rr r..r.1� .'- .r►�ri:�ia.rr rri�r r.i►.+.• ' �r .i'�� `_ . i • 0 C 8) hilt' � C CURB CURB ro 1 9TRANSITIO N I (Y TRANSITIO Ty p i ca l ♦ • VARIES 1 � 1 l f ► 1 1 Iv. r tPLE �A�roN�N (DA (D�tl9VTSTR oN A. Purpose The regulations and guidance contained within this Specific Plan prescribe the implementation of development on The Estate Lots at Tortolita Preserve site. This chapter also provides information regarding general administration and amendment procedures. For the purpose of identifying those responsible for implementation of the improvements for The Estate Lots at Tortolita Preserve Specific Plan area, three entities must be identified. These are the Master Developer, the Builder, and the Homeowner's Association. The Master Developer is the entity responsible for ensuring the basic infrastructure facilities are planned and constructed to serve the development areas within The Estate Lots at Tortolita Preserve Specific Plan. The Master Developer is also responsible for creating the Conservation Plan for the preservation of relevant Open Space and undeveloped Residential Areas, designated herein and transferring the maintenance responsibilities of the Plan to the Homeowner's Association at the appropriate time. The Builder is a purchaser of an individual lot or lots, responsible for building in accordance with the provisions of the Conservation Plan and architectural standards within the approved CC &R's. The Homeowner's Association (HOA) is the entity responsible for the maintenance and management of all Open Space (O /S) areas, and undeveloped Residential Areas (RA). Upon transference of the maintenance responsibilities of said lands to the HOA, the HOA shall implement the recommendations set forth by the U.S. Fish and Wildlife Service for this site. ' B. Proposed Changes to Zoning Ordinances The Development Regulations section of the Specific Plan addresses only those areas that ' differ from the Town of Marana Land Development Code. If an issue, condition or situation arises that is not covered or provided for in this Specific Plan, those regulations of the Town of Marana Land Development Code that are applicable for the most similar issue, condition or situation shall be used by the Planning Director and the Development Services Administrator as the guidelines to resolve the unclear issue, condition or situation. C. Site Plan and Architectural Review Process The Site Plan and Architectural Review process shall be outlined within the project ' CC &R's. D. Development Review Procedure The development review procedure for The Estate Lots at Tortolita Preserve shall be implemented through the review and approval process of preliminary and final plats by the Town of Marana and through the Town of Marana building permit approval process. 63 Final decisions on adin drainage, final road alignment, re- vegetation and other matters �' g� ns g will be made at the final plat stage. All proposed residences within The Estate Lots at Tortolita Preserve Specific Plan shall be required to submit plans to the Design Review Committee of the Homeowner's Association for approval prior to submitting to the Town for approval and permitting. The final plat shall require the approval of the Town Council E. General Implementation Responsibilities The Specific Plan shall be implemented through the subdivision review process. This process will allow for the creation of lots as preliminary and final plat maps which allow for implementation of the project. The Estate Lots at Tortolita Preserve Specific Plan will guide the platting process with other official Town of Marana ordinances, policies, maps, and regulations. Implementation of The Estate Lots at Tortolita Preserve Specific Plan shall be the responsibility of the Master Developer, Builders and the Homeowner's Association in accordance with the regulations and guidance contained within the Specific Plan, unless otherwise noted. These entities shall be responsible for the engineering and implementation of the spine infrastructure. The spine infrastructure systems are defined as those systems that are necessary to provide development opportunities to The Estate Lots at Tortolita Preserve site. These systems include access roads and associated streetscapes, landscape and irrigation, water mains, electric lines, gas, fiber optics, and phone lines and cable television facilities in the streets. i Approval of a subdivision plat or building permit is subject to the following requirements: (1) Conformance with The Estate Lots at Tortolita Preserve Specific Plan as adopted; (2) Provision of development - related agreements as required by applicable agencies including, but not limited to, agreements for contributions for off -site improvements for schools, parks and transportation; (3) Dedication of appropriate easements or common areas for roads, utilities, and drainage by plat; (4) CC &R's shall be recorded; F. Phasing It is envisioned that this project will be developed as a cohesive, comprehensive development, achieved in one phase. Development will require significant investment in and installation of site infrastructure including utilities and roadway improvements for the entire developable area. 1 64 G. Specific Plan Administration 1. Enforcement ' The Estate Lots at Tortolita Preserve Specific Plan shall be administered and enforced by the Town of Marana Development Services Department in accordance with the provisions of the Town of Marana Land Development Code. 2. Administrative change Certain changes to the explicit provisions in the Specific Plan may be made administratively by the Planning Director or Development Services Administrator, providing said changes are not in conflict with the overall intent as expressed in the Plan. Any changes must conform to the goals and objectives of the Plan. The Planning Director's or Development Services Administrator's decision regarding administrative changes and determination of substantial change as outlined below shall be subject to appeal to the Town Council. Appeals to the interpretation of substantial change shall be heard through a public hearing by the Planning Commission prior to Town Council. Categories of administrative change include, but are not limited to: a. The addition of new information to the Specific Plan maps or text that does not change the effect of any regulations or guidelines, as interpreted by the Planning Director. b. Changes to the community infrastructure planning and alignment such as roads, drainage, and water and sewer systems that do not increase the development capacity in the Specific Plan area. c. Changes to plan boundaries due to platting. Minor modifications to the boundaries and acreages of the planning areas or adjustments because of final road alignments and drainage will occur during technical refinements in the the platting process and shall not require amendment to the Specific Plan. d. Changes to development standards that are in the interest of the community and do not affect health or safety issues. 3. Substantial change This specific plan may be substantially amended by the same procedure as it was adopted. Each request shall include all sections or portions of the Specific Plan that are affected by the change. The Planning Director shall determine if the amendment would result in a substantial change in plan regulations, as defined in the Town of Marana Land Development Code. 4. Interpretation The Planning Director shall be responsible for interpreting the provisions of this Specific Plan. Appeals to the Planning Director's interpretation may be made within fifteen (15) days from the date of the interpretation to the Town Council. 65 5. Fees Fees will be assessed as indicated by the Town's adopted fee schedule that is in place at the time of development. 6. Specific Plan Report ARCADIS, as agent for the Specific Plan for the Estate Lots at Tortolita Preserve, shall annually, within 30 days of the anniversary of the Specific Plan approval, submit a written report to the Town of Marana that includes, but it not limited to, the past year's development activity, utility, sewer, water, drainage and street improvement activities, changes in ownership structure, status of sales or leases to others and estimates for the upcoming year in the above categories. 66 B IBLIOGMP" Town of Marana Rezone Procedural Guide and Application, March 1997. ' Town of Marana Land Development Code: Title 5 - Zoning, revised August 1995. Title 10 - Procedures, revised August 1995. Title 19 - Standards for Grading and Related Site Work, revised August 1995. Title 20 - Protection of Native Plants, revised August 1995. Pima County Hydrology Map, Pima County, Arizona.. FIRM Map No. 04019CIO25 Eastern Pima County Trail System Master Plan Aerial Photographs - DTM Zoning Map - Landiscor 67 CULTURAL RESOURCES SURVEY OF THE GARDEN ESTATES AT DOVE MOUNTAIN PROJECT NEAR MARANA, PIMA COUNTY, ARIZONA I Submitted to: ARCADIS G &M, Inc. 2750 N. Castle Rock Drive Tucson, AZ 85749 Submitted by Professional Archaeological Services of Tucson 5036 Golder Ranch Rd. Tucson, AZ 85739 -4265 1 Prepared by David V.M. Stephen PhA Principal investigator State Antiquities Permit No. 2002 -31 bl P.A.S.T. Cultural Resources Report No. 021471 10/16/1992 1 ii P.A.S.T. ABSTRACT & PROJECT SUMMARY FORM P.A.S.T. JOB NO. 021471 OVERVIEW. An on -foot cultural resources survey of private property (75 acres) In anticipation of land development near Marano in Pima County Identified no cultural resources and 5 isolated artifact(s). Four artifacts and one possible rock pile were observed. INTRODUCTION . ' :� F Cultural Resources Surve Of The Garden Estates at Dove Mountain Pro'ect Near Marano, Pimo County. AZ. D2 10/16/1992 r 'x . _ s.•. 2002 -31 b! NA . The .land is slated for residential development. } s "i, ARCADIS G &M, Inc. ton PROJECT LOCATION INFORMATION (sae ono aftached Copy of US GS map) Pima Marano ,... Within the W2 of the SW4 Sec. 26 T 1 IS R12E G &SRB &M r A RM 011 .� i ;l WA f. t - 01 - 2 'k, �5;€ #vS a�V/• , M.� :. 1. AA; 12 NE Ruelas Canyon 7.5' 2. (w) SURVEY INFORMATION Non - collection on -foot survey with s stemcr is 20m transects oreq s . A `� 2 75 acres AND /OR 0 miles long BY 0 foot wide right-of-wa 1 100% rivate A. Lenhort & J. Shumaker # David Ste hen 1 •.. R., Oi October 10, 2002 `,` InImal .. Y, None t }.. x No ;_; n t (D9 -io) CULTURAL RESOURCES WITHIN PROJECT AREA (see report narrative for additional information) N. ASM ® AZSITE ❑ SHPp GLO ❑ MNA ❑ Other. w - NA "r i NA NA n7 . i . NA . rxst h : . NONE NONE a.� :ffi >A <I per acre 5 mks a NONE.• 101 IS OR , ^# NONE ASM 1981 -174 Northern Tucson Basin (DI i) RECOMMENDATIONS FOR FURTHER WORK (see oiso comments below) 1`Iih(fVbflCI M o m . GE; NONE ® OR SITE RECORDIN NrrORING ❑ SUB - SURFACE TESTING ❑ 1 DATA RFCOV.ERY ❑ COMMENTS (see report narrative addMonai informcflon) The quantity of artifacts within the subject property and data about known sites suggests the undertaking will impact no cultural resources. Based on the field work and archival documentation, the project sponsor should be allowed to develop the subject property without further cultural resource studies. ~n' David Stephen Form Rev. 1 /02 >� 11 0/16 / 1992 Garden Estates at Dove Mountain, Page 1 Cultural Resources Survey Of The Garden Estates at Dove Mountain Project Near Marano, Pima County, Arizona PAST No. 021471 Introduction. Personnel from P.A.S.T. conducted a 2 person -day, survey of the Garden Estates at Dove Mountain property on October 10, 2002 located in Pima County near Marano in anticipation of residential development. The purpose of the project was to determine whether any significant cultural resources that might be adversely impacted by I construction were present. The project sponsor (ARCADIS G &M, Inc.) initiated this study in accordance with municipal requirements. P.A.S.T. holds permit 2002-31b] issued under the Arizona Antiquities Act through the Arizona State Museum. Project Location and ownership. The approximately 75 acre project area Is located in the north western portion of the Tucson Basin (Figure 1). The project area is located on the Ruelas Canyon United States Geological Survey 7.5' map, The location with respect to the Public Land Survey is within the W2 of the SW4 of section 26 T11S 812E G &SRB &M. The UTM values for selected boundary points are shown on the map to provide the dimensions of the parcel. The boundary sho.tm on the map is reasonably accurate given the limitations of a 1:24,000 scale map. It is based on data and maps provided by the client as well as field observations but it is not intended to represent the precise extent of the parcel, Unless otherwise noted, land ownership coincides with the parcel and survey boundary shown In Figure 1. The fieldwork was conducted on private lands. Base Maps Included in Report Figure 1 Is a copy of a portion of the U.S.G.S. Ruelas Canyon 7.5- minute topographic map that shows the project boundaries, archaeological sites within the project area, and all isolated artifacts and features found during the survey, Projects extending across multiple maps are so noted on page ii and in the lower left of Figure 1. BACKGROUND TO STUDY AREA: Effective Environment. The study area is within the Basin and Range physiographic province at an approximate elevation of 2,540 feet. Project area vegetation is typical of the Arizona Upland subdivision of the Sonoran Desertscrub biotic province (Turner and Brown 1482) predominately comprised of bursage, polo verde. and semi - shrubs with prickly pear and creosote also present. Records Review. A review of the records of the Arizona State Museum (ASM), in anticipation of the survey revealed that the subject parcel had not undergone a complete archaeological survey or sufficient time has passed since an earlier study suggesting heretofore undiscovered cultural resources may have been subsequently exposed that P.A.S.T. Timm Ariyona USA SSA. ii25 353( Garden Estates at Dove Mountain, Page 2 ' would not have been documented by the initial field work. The ASM records, as well as the other archives Indicated on the associated project form, revealed no recorded cultural resources on the inspected parcel. Previously recorded cultural resources within a 100 meter perimeter around the project boundary are noted since such resources may account for the presence of isolated non -site cultural entitles found on the parcel. Recorded cultural resources within a 1.6 kilometer radius of the center of the project area are listed on the project summary form and in Table A -2. Culture History. The antiquity laws apply to human cultural remains in excess of 50 years of age and require them to be assessed as to their potential for yielding important information. Consequently, sites and artifacts dating from the mid twentieth century and earlier must be evaluated. The historical period that commenced in roughly 1700 is comprised of the Spanish, Mexican and Anglo occupations with some researchers recognizing the protohistoic as a transitional culture from the earlier prehistoric occupations. The prehistoric peoples who lived in this region Include the Hohokam, Archaic and Paleoindian cultures. The Hohokam (A.D. 450 - 1450). . The Hohokam were a sedentary, agriculture -based people who produced both plain and decorated pottery, along with numerous other crafts of shell, stone and clay. They were skillful agriculturists who lived in houses built in shallow pits and constructed extensive irrigation canal systems. In some of the larger villages, they built ballcourts that probably served as focal points for ceremonial or recreational activities. Whether the Hohokam migrated into the region from Mexico or developed from indigenous Archaic populations is still hotly debated. The Hohokam cultural sequence was established in the 1930s based on the decorated pottery types unearthed at the Snaketown Site in the Phoenix Basin. Shortly thereafter, Isabel Kelly modified this chronology to fit the Tucson Basin sequence after her excavations at the Hodges Ruin In Tucson. Since that time, the continual acquisition of new archaeological data has brought about many refinements in the chronology. Archaic Era 7500 B.C. - A.D. 4503. The Archaic era has traditionally been characterized by assemblages of chipped stone artifacts along with ground stone tools for processing plant materials, and a lack of ceramics. Recent research in the Tucson Basin and elsewhere has demonstrated the presence of pit house villages, agriculture and some ceramics In the Late Archaic. The shift from a hunting -based economy to a reliance on plant foraging and smolt -game hunting that characterized the Archaic sites was caused by the extinction of Pleistocene mammals favored by the Paleoindian. Poleo- Indian Era (ca 10,000 - 75QQ B.C.). Eleven thousand years ago, the climate in the Southwestern United States was considerably wetter and cooler than it is today, and much of the terrain consisted of lush grasslands that supported herds of mammoth, bison and other large grazing animals. Many of the earliest occupants of the area, known as Poleoindions, were hunters who subsisted on these large, late Pleistocene mammals. The belief that many of the Paleoindian were primarily big -game hunters is supported by the fact that most of the Poleo- Indian sites that have been excavated have been kill and butchering sites. The artifact assemblages from these sites are made up of projectile points and other stone tools suitable for skinning animals and cutting meat and bone. The earliest Poleo- Indian artifacts found in southern Arizona P. n, - Arizona TttCS4n, Ariaona il$A 52U.A25.953b Garden Estates at Dove Mountain, Page 3 belong to the Clovis complex (9540 -9000 B.G.), which is characterized by long, lanceolate, fluted Clovis points, along with other stone implements and bone artifacts. Survey Expectations. This project's study area was located in a portion of southern Arizona that is conducive to prehistoric and /or historical settlement. Therefore, It was considered a reasonable likelihood that prehistoric or historical sites would be found during the survey. CULTURAL RESOURCES SURVEY: Methods. The field work consisted of an intensive on -foot coverage of the property by our staff in order to identify and locate any cultural resources, historic or prehistoric, within the property boundaries, Field personnel (A. Lenhort & J. Shumaker) were spaced approximately 20 meters apart and crossed the subject property in a series of contiguous corridors with any areas of extreme slope covered less intensively. Survey tronsects paralleled the longest dimension of the property except when prevented by the landform, vegetation density or hydrological features. Unless noted otherwise, the tronsect count is the quotient of the tronsect extent and parcel width. General conditions were excellent for conducting the fieldwork. Ground visibility was minimally effected by the presence of trees, shrubs, semi - shrubs, succulents and grasses. The original land -form was minimally disturbed by modern alterations to the ground surface. Survey Results. The Information derived from the field work is generally in keeping with the expectations generated from archival and literature sources. There were no surface indications of archaeological resources on the property which meet the Arizona State Museum minimum standard for recording as on archaeological site or that would be eligible for inclusion in the National Register of Historic Places. A total of 5 Isolated artifacts or non -site features were noted (see Table A -1). As relevant, discussions of non -site resources are presented below. More recent cultural manifestations identified during the survey Include dirt tracks, Informal trolls and a right scatter of trash. All appear to be modern in origin. Evaluation of Cultural Resources. Although archaeological and historical sites may qualify for formal recording under state standards, they generally are not considered significant unless they are eligible for listing in the Arizona or National Register of Historic Places. According to the current standards a property must possess sufficient integrity, significance and antiquity to be listed in the Register, In addition to being at least 50 years of age a resource must meet the criteria set forth below; The quality of significance in American or Arizona history, architecture. archaeology, and culture is present in districts, sites, buildings, structures, and objects that possess integrity of location, design, setting, materials, workmanship, feeling, and association, and: A) that are associated with events that have made a significant contribution to the broad patterns of our history; or B) that are associated with the lives of persons significant in our post; or P.A.S.T. Tucan% Arizona USA S za. szc. ;ig3� Garden Estates at Dove Mountain, Page 4 t C) that embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lock individual distinction; or D) that have yielded, or may be likely to yield, information important In prehistory or history (National Park Service 1986) Eligibility Evaluation. No cultural resources were located during the course of the field work in the project area appear to be more than 50 years old. Consequently it is not germane to assess significance under any of the criteria listed above. Evaluation Of Effects Of The Proposed Project. Considering the cultural resources found on the property, the development of the inspected parcel will not have an effect on potentially significant cultural resources. Recommendations. Based on the archival information, field methods, the observable surface indications and because none of the materials observed on the subject property have potential to provide important archaeological or historical information beyond what was obtained for this project. P.A.S.T. supports approving the sponsor's application. Although P.A.S.T. does not endorse additional archaeological studies for this project, ground disturbing activities on the property should not commence without authorization by the agency orchaeologist(s). There remains the possibility that ground disturbing activities could reveal the presence of heretofore undiscovered cultural resources. If such materials are discovered construction activities should stop. Consultation should be initiated with the cognizant agency archaeologist, and if applicable under ARS §41 -841 et seq. the Arizona State Museum, to assess the potential significance of any materials unearthed. Under State law (AIRS 414865 & § 41 -844) if human skeletal remains or funerary objects ore discovered on either public or private lands the Arizona State Museum should be contacted immediately. 4tTERATURie CITED National Park Service 1986 Guidelines for Completing National Register of Historic Places Forms. Department of the Interior. Copies available from Bulletin No. 16. National Register of Historic Places. Turner, R. and D. Brown 1982 Sonoran Desertscrub. In Biotic Communities of the American Southwest - United States and Mexico, edited by D. Brown, pp. 118 -121. University of Arizona for Boyce Thompson Southwestern Arboretum, Superior, Arizona. P-AS.T. Tucrnn, Arizona USA 520.825.3535 r Garden Estates at Dove Mountain, Page 5 REPORT TABLES Table A -1. Isolates Provenience (all UTM Zone 12) t Total isolated artifacts: 5 11 soiates per acre; <1 I GPS Datum: NAD27 0 S8 ❑ ISO # Easting Northing Kind ISO# Eosiing Northing land a 49091.3 3589211 CS b 490967 3589550 PW C 490982 3589545 PW d 491026 3589300 PW e 491075 3539465 Rock Pile Possible prehistoric rockpile. Deflated by fluvid erosion. Conslsts of +15 fist -sized roCkS in a 80 cm dlomel'er. (Individual Arftch: PW a PLAINWWARE; DW = DECORATED; CS z CHIPPED STONE; GS = tstOUnd STONE; FR = FAR; SH = SHELL; OR = 07HER) (Non -site entNles: N33 = non-site orWor -1 scatter. NSF = non-silo kalure Table A -2. Table of Recorded Sites Within 1.6 km Radius (all G &SRB &M) ASM Quad Site Numbers AA:12 NE none Table A -3. Site Management Summary Table (all G &SRB &M) orily completed when Qreater than 3 site ore located ASM# Status T R Section Ownershi Content A E11 ibie9 Additional work Rccornmended P.A.S.T. Tucson, Arizona USA 520.825.' 5:76 Garden Estates at Dove Mountain, Page 6 Fig. I U.S.G.S. 7.5' MAP Ruelas Canyon (AA: 1 NE) 1471 "RAM 49120 32* w III 4 N 92 27.65r' f"M k ON ........ .......... F "4 N ^• '^ J ' N . . . . . . . . . . . :r�7.y �,t k w„r: i:$. rx.fG:' : ..z[.S s '� r a� .�y> �_,; ..F: 'R 3390m X _� �J.'j�:i � '7L7' � 't'r�� <, Est" �'•= �,� ?�; `:r,y. ��' e, il'.t'�-;7-71-1 Z-1e,"..' 4.- F PN N X; ZURVEYAREX T - Te. iN ' :.�iv ;., l.:; 2� " 't ,tree..• � �•;� =�i,t.<. 4 =..r�,:.: t ..;w.;n•r;�, a ` y: 4 ',�„ 2 wl �'g ra MWD D.965.83M E. 3, 6 A ^ . -KA vz.". - ,.Ar . ;h 7. "0 1. N.t., •:.'!k• n :�•oe�,�i + l�' ' : - .t.t �. � :♦ti��r�•�"""OZF;�r�•?'r.J^ ���,F!"d9 F..' }..;� f,�P�� ; a± u.f �' �• ;��rt^ '.t..; = a• � >r , n' W�' MY N.4-Am iw Dakn 1,000•maim UTM 9W —12 5 2 M's wmWfmmUSGSQ-d. 0000 0 low 2000 3000 Sm roe �lf DIRT 0 blap 0: is 1 K O"m"M O p PAST Nn rl?IA71 Roe ?6TllRPl'?F( Or.tnhp.r 07 ' LEGAL DESCRIPTION I: PAR CEL THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP I I SOUTH, RANGE 12 EAST, GILA AND SALT RIVER BASE AND MERIDIAN, PIMA COUNTY, ARIZONA. EXCEPT THE SOUTH 75 FEET THEREOF; AND EXCEPT THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 26. AND EXCEPT THAT PORTION OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 26. TOWNSHIP 1 I SOUTH, RANGE 12 EAST, GILA AND SALT RIVER BASE AND MERIDIAN, PIMA COUNTY, ARIZONA DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 26; THENCE ALONG THE SOUTHERLY LINE THEREOF EAST, 659.15 FEET; THENCE NORTH 00 DEGREES 02 MINUTES 37 SECONDS WEST, A DISTANCE OF 524.12 FEET; THENCE SOUTH 70 DEGREES 37 MINUTES 23 SECONDS WEST, A DISTANCE OF 100.22 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 40 MINUTES 07 SECONDS EAST, A DISTANCE OF 49.11 FEET; THENCE NORTH 80 DEGREES 28 MINUTES 21 SECONDS WEST, A DISTANCE OF 42.38 FEET; THENCE NORTH 16 DEGREES 57 MINUTES 40 SECONDS EAST, A DISTANCE OF 41.82 FEET; THENCE NORTH 85 DEGREES 52 MINUTES 49 SECONDS EAST, A DISTANCE OF 29.10 FEET TO THE TRUE POINT OF BEGINNING. PARCEL H: ALL THAT PORTION OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 11 SOUTH, RANGE 12 EAST, GILA AND SALT RIVER BASE AD MERIDIAN, PIMA COUNTY, ARIZONA DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 26; THENCE ALONG THE SOUTHERLY LINE THEREOF EAST 659.15 FEET; THENCE NORTH 00 DEGREES 02 MINUTES 37 SECONDS WEST, A DISTANCE OF 524.12 FEET; THENCE SOUTH 70 DEGREES 37 MINUTES 23 SECONDS WEST, A DISTANCE OF 100.22 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 40 MINUTES 07 SECONDS EAST, A DISTANCE OF 49.11 FEET; THENCE NORTH 80 DEGREES 28 MINUTES 21 SECONDS WEST, A DISTANCE OF 42.38 FEET; THENCE NORTH 16 DEGREES 57 MINUTES 40 SECONDS EAST, A DISTANCE OF 41.82 FEET; THENCE NORTH 85 DEGREES 52 MINUTES 49 SECONDS EAST, A DISTANCE OF 29.10 FEET TO THE TRUE POINT OF BEGINNING. PARCEL I AREA: 72.6238 ACRES OR 3,163.491 SQ. FT. PARCEL II AREA: 0.0365 ACRES OR 1,592 SQ. 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SUITE E ♦ TUCSON AZ ♦ 8571 5 PH (520) 298.2725 ♦ FAX (520) 298.2767 October 28, 2002 Mark Hanshaw, PE, RLS Tcl: (520) 903 -2393 Areadis FAX (520) 903.2395 285 W 18` Street Tucson, AZ 85701 Scott Richardson Tcl: (520) 670 -4617 USFWS FAX: (520) 670 -4638 La Placita 110 S Church Street, Suite 3450 Box 52 Tucson, AZ 85701 RE: USFWS Endangered Species Act Consultation Meeting - Approximately 72- Acres — Moore Road — W Y2 of SW % of Section 26, T11 S, R 12 E Dear Mssrs. Hanshaw and Richardson: The following is a synopsis of our October 22, 2002 meeting: The 72 -acre Moore Road project referenced above is moving forward as discussed in previous informal consultation meetings between the project proponent, Arcadis, and USFWS. The project has shifted from informal to formal consultation, triggering production of a Biological Evaluation/Assessment by the project proponent. Marling Environmental & Surveying, Ltd. will complete that document in a timely manner and submitted it to EPA and USFWS. USFWS will then issue a Biological Opinion regarding the proposed development. To refresh memories, Mark Hansaw of Arcadis gave a brief overview of the project. In particular, the project will disturb 20 "A or less of the site, there will be at -grade crossings, and the entry will be gated. Scott Richardson mentioned that there is a known occupied pygmy -owl territory within %, mile of the site and stated that on November 15, 2002 there will be a notice in the Federal 1 Page 1 of 2 Oct -28 -02 01:23P Darling Env and 5urv,LTD. 520 298 2767 P.02 Moore Road (Section 26,T 11 S, R 12E) Register proposing; the redesignation of pygmy -owl critical habitat. The critical habitat proposal will most likely include the project area. The following mitigation measures were proposed by Arcadis: 1. Design project with total site disturbance of 20 % (14.4 acres) or less. 2. Manage at least 80 ( 57.6 acres) as conservation areas subject to a permanent, natural, undisturbed open space and conservation easement (possibly held by a Homeowners' Association), 3. Manage the conservation areas within the parcel in a manner conducive to the pygmy -owl by limiting in perpetuity, those activities that might adversely affect the owl. Activities that are not conducive to the conservation of the pygmy -owl include off-road vehicle use, application of herbicides and insecticides, disturbance of vegetation, large groups of people, etc. 4. Maintain habitat connectivity within the parcel and to adjacent suitable habitat by maintaining the washes in a natural state. 5. Establish conservation measures to minimize noise and vegetation disturbance within the project parcels. 6. Identify the maximum allowable size areas disturbed within each lot in respect to grading and vegetation clearing for the building site, utilities, driveways, and other landscape features. 7. Place utility lines within the roadways to minimize overall project surface disturbance. 8. Utilize t -post fencing and monitor vegetation clearing to preserve individual trees, shrubs, and cacti where practical within cleared areas to minimize surface disturbance within the project area. 9. Prior to the initiation of utility and road construction activities, have t ^post and wire fence or its equivalent placed at the clearing; limits; keep the fence in place until all road construction and utility construction activities are completed. 10. Prior to the initiation of any clearing activities within each lot, indicate the comers of the clearing limits within each lot with surveyable pins or other permanent markers 11. Incorporate landscape restrictions into CC&Rs. 12. Utilize traditional xeriscape planting zones where feasible during individual lot landscaping. 13. Preclude outdoor domestic cats to avoid predation of pygmy -owls and their prey; 14. Do not allow chain link or woven -wire fencing within the project boundaries; 15. if a pygmy -owl is detected prior to or after a construction phase has been initiated on the project parcels, take adequate conservation measures to ensure noise disturbances will not cause the CFPOs to abandon the area and reinitiate consultation with USFWS. DARLI NG ENVIRONMENTAL & SURVEYING 6842 L T &NOVC V[ROW RO wre i. *Tucnow AZ ♦ 135 5 14452131296 -.3729 rwxf6Z0i29B•2767 1'agn- 2 of 3 0ct -28 -02 01:23P Darling Env and Suvv,LTD_ 520 298 2767 P.03 Moore Roar! (Section 26, T I I S, R 12E) Scott Richardson said that the mitigation recommendations looked good, however he suggested adding photographic monitoring points and low voltage outdoor lighting constraints. Scott commended Areadis for early consultation and stated that he agreed with the basic concept of the development. He then indicated that if the Biological Evaluation/Assessment is submitted before March 2003 there is high likelihood that a timely Biological Opinion would be issued by the Service in less than the regulation 135- day period. He stated that because of all of the early coordination, project approval would be smooth. When asked how long additional pygmy -owl surveys will continue to be necessary, Scott stated that after the pads are graded and the roads are constructed, pygmy -owl surveys can cease. If the pads and roads are to be constructed in increments, he stated that the number of pygmy -owl survey points could be reduced as the number of developed acres is increased. Please let me know if you have questions or would like additional information. Sincerely, Darling Environmental & Surveying, Ltd. Mary F Darling, MS, Principal/Envimntnental Division Manager DARLING ENVIRONMENTAL & SURVEYING 6042 R TAmque vepoc AO sTe C *Tuano" AZ * 6571 S PIAS20)298.2725 ♦ cAXf620)SVB - 8767 P.Me3of3 SANDRA ROAD ANNEXATION AREA NOTICE OF PROPOSED CHANGE IN THE NORTHWEST FIRE DISTRICT BOUNDARIES NOTICE: The Northwest Fire District hereby gives notice to each owner of real property and each qualified elector within the boundaries of the area proposed to be annexed (the "Proposed Annexation Area ") into the Northwest Fire District of the fact that a Boundary Change Impact Statement has been received by the Northwest Fire District to consider the matter. PURPOSE The purpose of this notice is to advise all owners of real property and each qualified elector residing within the Proposed Annexation Area of an opportunity to appear and present evidence to the Board of the Northwest Fire District either in favor of or against the proposed boundary change and the accuracy or inaccuracy of. the Boundary Change Impact Statement. If the Boundary Change Impact Statement is approved by the Board of the Northwest Fire District, then petitions will be prepared and circulated among the electors and property owners in the Proposed Annexation Area in order to determine whether the Proposed Annexation Area can be legally annexed into the Northwest Fire District in accordance with applicable laws or the Stale or Aricurla. Ir the requisite number of signatures are obtained on the petitions for annexation, then, and in that case, the Proposed Annexation Area will be annexed into the Northwest Fire District and be subject to and liable for the annually assessed Northwest Fire District tax. PROPOSED ANNEXATION AREA: The legal description (Exhibit "A') and a map {Exhibit "B ") of the area proposed to be annexed into the Northwest Fire District (the "Annexation Area ") are attached to this notice. THE HEARING: The hearing on the Boundary Change Impact Statement is scheduled to be held on Tuesday the 22 n1 day of October, 2002 at the hour of 7:30 p_m_ at the following address: Northwest Fire District Station 34 Training Center 8165 N. Wade Road Tucson, AZ 85743 Dated this 24 day of September, 2002 B Bill a Jane Mad n Clerk of the Bo rd The Estate Lots at Tortolita Preserve Appendix D P ORTIONS OF SECTION 26, TOWNSHIP 11 SOUTH, RANGE 12 EAST GIL. AND SALT IVER MERIDIAN, PIMA COUNTY, ARIZONA P.O. B.. (I) 33H ( 21A 42 41B 39 38 347 34G 34E 34 0 43 41.A.� 40 37 30 29 21B 33A 4 � 22S 45 36, 35 32 IA 31 28 22C 22D 2 46 505 ' 8G 48 I 49 27E 23A 2 �� . }, 47 50� 26 a , 55A 54 51 . 27C y 4 8A 8E 45F 25 24A Lai 0 q 551 55 53 p2A - r" a Lj h CL 58 - 5 6A .q 63C 84 8 A a 5y � 69 71 6I A 83D 86 60� 7 83H $7 86E & 2 ` siB 67C a r- s 82A� © . 7578 82 81 OUAIL 62B CROSSING P. 0. 64 66 67A 3Q . 74, 77 75 79 491004 (2) B Y 8 RM PG 61 NORTHWEST FIRE DISTRICT DKT 1 0342 91 1 795 . LEGEND 7 EXISTING NW FIRE BOUNDARY LAND ° �� A REA TO 8E ANNEXED a �A 2 78 O MICHAEL L. SCHLDCHA Q TIETRA TE CH, INC. NORTH 9� "/ '1 � 6mAs mucTJA£S Gftct:Q S JJ i A97 n. o.17 2 , t3tA f7ao+ I r ?O�y . Ap ; "JIJ) a: f -7980 1,= 1 1 00 , �-- 7ueao.s DATE AUG 2VU JOB y0. 45i8 .LANDSCAPE ARCHITECTS 11047 N. Claud View Place Tucson .iZ 85737 52"77-,8037 Fax 520 -877 -8079 Jordan Feld Marana Development Services Center 3696 W. Orange Grove Road Tucson, AZ 85741 RE: The Estate Lots at Tortolita Preserve Dear Jordan, i Per our conversation, we are providing an outline of the items to be included within the Landscape Preservation Plan and Native Plant Program. These outline items, along with the applicable Town of Marana Code items, will form the basis for the Plan and Program to be completed during the platting program. Design Characteristics The Estates at Tortolita Preserve is being developed as a "conservation" subdivision 1 which will protect the greatest amount of existing. desert resource while restricting disturbance to a minimum. The project, as proposed, has a maximum disturbance of 20% with no mass grading. This disturbance will conform to the land features and native plants, particularly saguaros and ironwoods to the greatest extent possible. Exceptional plantmaterial will be identified in a Site Resource Inventory, which will be submitted for approval in advance of the Native Plant Program. Project bufferyards will be natural or enhanced natural bufferyards, with a minimum setback of 30' from surrounding properties. In bufferyard areas where there has been previous disturbance or the vegetation is minim additional transplanted plant material and native hydroseed will be used to augment the natural bufferyard. The streets will be built with a minimum of cut or fill slopes, and a minimum of disturbance beyond the curb line. Areas that are disturbed will be revegetated with plant material native to the site and augmented with transplanted native plants in conformance with the Native Plant Program. Page 2 of 3 Compliance with Town of Marana Ordinances This project will conform with the Title 17 requirements for both Native Plant and Landscape Requirements. At the beginning of the platting process, a Site Resource Inventory shall identify areas of particular importance with respect to habitat, vegetation or other natural features. Upon approval of the Site Resource Inventory, a detailed Native Plant Inventory will be conducted with all areas proposed for disturbance. This inventory will identify size, location, condition and transplantability for all protected plants within the disturbance limits. A Native Plant Program will be prepared and submitted based on this inventory. A landscape plan will also be provided as part of the platting process. This plan will show landscape buffers, street landscape and entry landscape. The plant material proposed for the landscape will be plants native to the site and Sonoran Desert. USFWS Requirements The Native Plant Program and Landscape Plan will conform to USFWS guidelines and recommendations. Darling Environmental and Surveying has performed a biological survey on the property and is in a Section 7 consultation process with the United States Fish and Wildlife Service. Landscape Material and Implementation This project will use landscape plants and seeds that are native to the site and the Sonoran Desert. The landscape will also include transplanted specimen plants from the site in conformance with the Native Plant Program. All plants and trees will be irrigatied with an automatic, underground irrigation system. Typical Revegetation Standards This project will include revegetation of all areas disturbed during construction. Revegetation shall include relocation of significant trees and cactus in conformance with the approved Native Plant Program. Revegetation shall also include hydroseeding with a native seed mix (as approved on the landscape plan) and 1 installation of containerized plants. Additionally, areas of disturbance will be carefully defined and fenced or flagged to hold disturbance to a minimum. Site Disturbance Relationships and Landswe Concept As discussed above, site disturbance will be kept to 20% of the site, or less. Areas of disturbance along roadways will be revegetated with plant species that are native to Page 3 of 3 the property as well as a native seed mix. The clearing limit within each lot will be defined and the remaining area of the lot will be kept natural. If you have any questions about the concepts or goals as outlined above, please contact me at 877 -8037. Respectfully, GRS LANDSCAPE ARCHITECTS Z egor e' y - Rlinn Registered Landscape Architect 1 l I . G: 4IPROJECT�AZ000 'X�8�Repoits�002�GRS Ih.doc u . .. u15t7BOCV 6t. i s ' 1 i 1 1 r f ? O ra I y 1 to MAI Illb ' _ . / 1 u o s I t TOWN TOWN COUNCIL OF MEETING MARANA INFORMATION DATE: June 3, 2003 AGENDA ITEM: IX. B. 2 TO: Mayor and Council FROM: Michael Reuwsaat, Assistant Town Manager SUBJECT: Resolution No. 2003 -61 A Resolution of the Mayor and C ouncil o f t he T own o f Marana, Arizona, authorizing the approval and execution of a Development Agreement between the Town of Marana and FCD Marana Venture I, L.L.C., for the development of property by FCD Marana Venture I, L.L.C. DISCUSSION: Marana Venture I, L.L.C. ("Developer ") owns 494 acres of property ( "Property"), known as Vanderbilt Farms inclusive of the property known as Farm Field Five and a portion of the Rancho Marana Specific Plan. The Developer intends to construct a master - planned community, including single- family residences, commercial uses, and recreation/open space. This property will be developed in accordance the Northwest Area Plan, Marana Development Code, the Rancho Marana Specific Plan and the Conceptual Block Plat including design guidelines. The Property will be developed in phases beginning with Farm Field Five. The Phasing is set out in this agreement but can be modified. The project will build out at less density overall than is currently allowed. Higher densities will be located in the town core per the Northwest Marana Area Plan. The Developer will provide Regional Infrastructure earlier than required for this Property. The Town of Marana will be the water provider and Grandfathered Water Rights will be transferred to the Town of Marana. Substantial roadway improvements include landscaping along Moore Road, construction of the extension of Lon Adams Road, construction of the extension of Civic Center Drive, and the construction of the extension of Vanderbilt Farms Boulevard through the Property. Barnett Linear Park will be created as a significant drainage /recreation facility. Developer/Builder will provide recreation improvements or a fee -in -lieu equal to $1,000 per residential unit based on 1440 anticipated residential units. Developer will identify 23 acres of Public Park Land (which may be incorporated into Barnett Linear Park) to be dedicated to the Town of Marana. Each residential block plat still requires a developed private on -site recreation area equal to 185 square feet per residential unit on block plats of 50 or more homes. Developer/Builder will contribute $1,200 per residential unit for school property and/or equipment. This Property will be annexed into Northwest Fire District, will P a Y a $500 per acre Bank Protection fee, and provide the non-potable water system. Staff expects that a Communi • Facilities District will be requested to be formed to facilitate orderly development of the Property and Infrastructure. Finally, the Town of Marana is not limited from assessing future impact fees, but will give credits where appropriate per law. This development agreement continues to build on the high standards of development required in Marana and accordingly staff forwards this development agreement to Council for consideration and approval. RECOMMENDATION: Staff recommends approval of Resolution No. 2003 -61, authorizing the approval and execution of a Development Agreement between the Town of Marana and FCD Marana Venture I, L.L.C., for the development of property by FCD Marana Venture I, L.L.C.. SUGGESTED MOTION: I move to adopt Resolution No. 2003.61. • MARANA RESOLUTION NO. 2003-61 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AUTHORIZING THE APPROVAL AND EXECUTION OF A DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF MARANA AND FCD MARANA VENTURE I, L.L.C., FOR THE DEVELOPMENT OF PROPERTY BY FCD MARANA VENTURE I, L.L.C. WHEREAS, FCD Marana Venture I, L.L.C. ("Developer"), owns 494 acres of property ( "Property"), which is located within the limits of the Town of Marana; and WHEREAS, Developer intends to construct a master - planned community, including single - family residences, commercial uses, and recreation/open space on the Property; and WHEREAS, t he s taff o f t he T own a nd t he D eveloper h ave prepared the Development Agreement attached hereto as Exhibit "A" and incorporated herein by this reference; and WHEREAS, the Mayor and Council and the Developer acknowledge that the development of the Property pursuant to the Agreement will result in planning and economic benefits to the Town and its residents by, among other things, requiring development of the Property consistent with the MDC, the Specific Plan, the Northwest Marana Area Plan and General Plan, and the Conceptual Block Plat; and WHEREAS, the Mayor and Council have determined that the development of the Property will stimulate the Town's economy, and that the Town will receive good and adequate consideration for its performance of the provisions of the Development Agreement; and WHEREAS, pursuant to A.R.S. § 9- 500.05, the Town is authorized to enter into development agreements relating to property in the Town; and WHEREAS, the Mayor and Council have determined that the terms of the Development Agreement are unobjectionable and do not conflict with the Town's general plan or with the interests of the Town or its residents; and WHEREAS, the Mayor and Council have determined that approval of the Development Agreement is in the best interests of the Town and its residents. . NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Development Agreement, attached hereto as Exhibit "A" and incorporated herein by this reference, is hereby approved. Mmna, Arizona Resolution No. 2003 -61 Pa--e 1 of 3 • BE IT FURTHER RESOLVED by the Mayor and Council that the Mayor is hereby authorized to execute the Development Agreement on behalf of the Town of Marana. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3 rd day of June, 2003. Mayor BOBBY SUTTON, JR. ATTEST: Jocelyn C. Bronson Town Clerk • APPROVED AS TO FORM: Daniel J. Hochuli, Esq. As Town Attorney and not personally • Marana, Arizona Resolurion No. 2003 -61 Page 2 of 3 /2001 09:5 Fd_ 520 623 5762 L WYERS TITLE AZ 009/015 Exhibit A CASE NO. 408051 Parcel l That portion of the South Half of Section 26, Township 11.South, Range 11 East, Gila and Salt River Base and Meridian, Pima County, Arizona, lying Southerly and Westerly of that portion conveyed to Cortaro- Marana Irrigation District in Docket 1985 at page 243. EXCEPT the South 30 feet within the right of way of Grier Road #112 (Moore Road) as shown in Book 2 of Road Maps at page 126; AND EXCEPT the West 30 feet within the right of way of Postvale Road #28 as shown in Book 1 of Road Maps at page 70. AND EXCEPT that portion conveyed to the Town of Marana by Deed recorded in Docket 9014 at page 1524, more particularly described as follows: BEGINNING at the Northwest comer of the Southwest Quarter of said Section 26, Township 11 South, Range 11 EN CE North 89 degrees 45 minutes 37 seconds East, along the North line of said Southwest Quarter of Section 26, a distance of 1605.05 feet to a point in the Southwest right of way line of Interstate Highway 10; THENCE South 49 degrees 36 minutes 21 seconds East, along said Southwest right of way line, 47.90 feet; THENCE Northwesterly along a curve concave to the South having a radius of 25.00 feet and a central angle of 41 degrees 38 minutes 02 seconds, 18,17 feet; THENCE South 89 degrees 43 minutes 37 seconds West parallel to and 25.00 feet South of the North fine of said Southwest Quarter, 1569.80 feet; THENCE Southerly along a curve concave to the Southeast having a radius of 25.00 feet and a central angle of 89.degrees 51 minutes 26 seconds, 39.21 feet; THENCE South 89 degrees 45 minutes 37 seconds West, 30.00 fleet to a point in the West line of said Southwest Quarter of Section 26; THENCE North 0 degrees 05 minutes 49 seconds West, 49.94 feet to the POINT OF BEGINNING, EXCLUDING THEREFROM any portions previously dedicated as public right of way. Parcel 11 The South Half of Section 27, Township 11 South, Range 11 East, Gila and Salt River Base and Meridian, Pima ::ounty, Arizona. 0; 0 * T the East 30 feet within the right of way of Postvale Road r s p 28 as shown in Book 1 of Road Ma at page /2001 09:54 FAX 520 625 5762 LAWYERS TITLE AZ 01010/015 AND EXCEPT the South 30 feet within the right of way of Grier Road #112 (Moore Road) as shown.in Book 2 of Road Maps at page 127; AND EXCEPT the West 30 feet within the right of way of Grier Road #117 (Sandario Road) as shown in Book 2 of Road Maps at page 174; AND EXCEPT the North 25 feet within the right of way of Barnett Road as shown in Book 14 of Road Maps at page 21. i � co N 46 V) O r ! 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Hochuli, Esq. Hochuli & Benavidez, P.C. 220 E. Wetmore Rd., Suite 110 Tucson, AZ 85705 DEVELOPMENT AGREEMENT BETWEEN TOWN OF MARANA, ARIZONA, AND FCD MARANA VENTURE I, L.L.C. 40 w TABLE OF CONTENTS Page EXHIBITLIST ........................................................................................ ............................... iii RECITALS: AGREEMENT: 2 1 . Rezoning and Development Plans .................................................. ..............................2 I.I. Development in Accordance with the Northwest Marana Area Plan, MDC, the Specific Plan and Conceptual Block Plat ............................. ..............................2 1.2. Rancho Marana Specific Plan .................................................... ..............................2 1.3. Design Guidelines ...................................................................... ..............................2 1.4. Phasing of Development ............................................................ ..............................2 1.5. Density ........................................ ............................... 1.6. Farm Field Five ........................................................................... ..............................3 2 Infrastructure Improvements .......................................................... ............................... 3 2.1. Regional Public Infrastructure ................................................... ..............................3 2.2. Water Utilities ................. 2.2.1. Transfer of Grandfathered Water Rights ....................... ..............................4 2.3. Sewer Facilities .......................................................................... ..............................4 2.4. Roadway Improvements ............................................................ ..............................4 2.4.1. Moore Road ................................................................... ..............................4 2.4.2. Lon Adams Road ........................................................... ..............................4 2.4.3. Civic Center Drive ......................................................... ..............................4 2.4.4. Vanderbilt Farm Boulevard ........................................... ..............................4 2.4.5. Proportionate Financial Share ........................................ ..............................5 2.5. Barnett Linear Park .................................................................... ..............................5 2.5.1. Park Improvement Contribution .................................... ..............................5 2.6. Irrigation System ......................... 2.6.1. Cortaro - Marana Irrigation District ( "CMID ") .............. ..............................6 2.7. School Improvement Contribution ............................................ ..............................6 3. Responsibility for Financing Infrastructure Improvements ........ ..............................6 4. Cooperation and Alternative Dispute Resolution ......................... ..............................6 4.1. Appointment of Representatives ................................................ ..............................6 4.2. Timing ........................................................................................ ..............................6 4.3. Default; Remedies ...................................................................... ..............................6 5 . Protected Development Rights ....................................................... ..............................7 5.1. Purpose ...................................................................................... ............................... 7 5.2. Future Impact Fees ..................................................................... ..............................7 6 . Notices and Filings .......................................................................... ..............................7 6.1. Manner of Serving ..................................................................... ..............................7 7. General Terms & Conditions ......................................................... ..............................8 7.1. Term ........................................................................................... ..............................8 7.2. Waiver ........................................................................................ ..............................9 7.3. Attorneys' Fees .......................................................................... ..............................9 7.4. Counterparts ............................................................................... ..............................9 7.5. Headings and Recitals ................................................................ ..............................9 7.6. Exhibits ...................................................................................... ..............................9 7.7. Further Acts ............................................................................... ..............................9 7.8. Future Effect .............:................................................................ ..............................9 7.8.1. Successors ...................................................................... ..............................9 7.9. Termination Upon Sale to Public .............................................. .............................10 7.10. No Partnership and Third Parties .............................................. .............................10 7.11. Other Instruments ...................................................................... .............................10 7.12. Imposition of Duty By Law ...................................................... .............................10 7.13. Entire Agreement ...................................................................... .............................10 7.14. Amendment ............................................................................... .............................10 7.15. Names and Plans ....................................................................... .............................11 7.16. Good Standing; Authority ......................................................... .............................11 7.17. Severability ............................................................................... .............................11 7.18. Governing Law /Arbitration ...................................................... .............................11 7.19. Recordation ............................................................................... .............................11 7.20. No Developer Representations ................................................. .............................12 7.21. Approval ................................................................................... .............................12 7.22. Force Majeure ........................................................................... .............................12 EXHIBIT LIST Exhibit # Description of Exhibit Prepared By A Map of the property. Developer B Legal description of the property Developer C Rancho Marana Specific Plan Town D Conceptual Block Plat Developer D Cross - Section of Moore Road Developer D Cross - Section of Lon Adams Road Developer D Cross- Section of Civic Center Drive Developer D Cross - Section of Vanderbilt Farms Blvd. Developer D Barnett Linear Park Developer DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (hereinafter "Agreement ") is made by and between the TowN of MARANA, an Arizona municipal corporation (hereinafter "Town "), and FCD MARANA VENTURE I, L.L.C., an Arizona limited liability company (hereinafter "Developer "), its successors and/or assigns. RECITALS: A. The Developer owns or will own approximately 494 acres of real property within the corporate limits of the Town, as depicted on the map attached hereto as Exhibit "A" and legally described on Exhibit "B" (hereinafter collectively referred to as the "Property'). B. The Developer intends to construct a master - planned community, including single - family residences, commercial uses, and recreation/open space on the Property. C. Pursuant to the Amended Rancho Marana Specific Plan, which was approved February 6, 1990 and amended on May 18, 1999, (the " Specific Plan'), or as it may b e further amended, in order to facilitate development of the Property as delineated in the Conceptual Block Plat, attached hereto as Exhibit "D" D. The future development of the Property shall be subject to, among other things, (i) the Northwest Marana Area Plan and General Plan, (ii) conditions of the Specific Plan, and (iii) Conceptual Block Plat, (iv) the Marana Development Code (including the written rules, regulations, procedures and other policies relating to development of land, whether adopted by the Mayor and Council or by Town staff j (the "MDC "), all as amended from time to time, collectively establishing, among other things, the type of land uses, location, density and intensity of such land uses, and community character of the Property, and providing for, among other things, the development of a variety of housing, recreation/open space and commercial opportunities. E. The Developer and the Town desire that the Property shall be developed in accordance with the MDC, the Ordinance, the Northwest Marana Area Plan and General Plan, and the Conceptual Block Plat as amplified and supplemented by this Agreement. The parties acknowledge that this Agreement is intended to be consistent with the foregoing, and operates to the benefit of the Town, the Developer, and the public. F. The parties understand and acknowledge that this Agreement is a "Development Agreement" within the meaning of, and entered into pursuant to the terms of, A.R.S. § 9- 500.05, in order to facilitate the development of the Property by providing for, among other things, conditions, terms, restrictions and requirements for the construction and installation of public infrastructure as more particularly described herein, the phasing over time of construction or development on the Property, and other matters related to the development of the Property. G. The Town and the Developer acknowledge that the development of the Property pursuant to this Agreement will result in planning and economic benefits to the Town and its residents by, among other things, requiring development of the Property consistent with the • MDC, the Specific Plan, the Northwest Marana Area Plan and General Plan, and the Conceptual Block Plat. Now, THEREFORE, in consideration of the foregoing premises and the mutual promises and agreements set forth herein, the parties hereto state, confirm and agree as follows: AGREEMENT: 1. Rezoning and Development Plans. 1.1. Development in Accordance with the Northwest Marana Area Plan MDC the Specific Plan and Conceptual Block Plat Prior to the approval and execution of this Agreement, the Town approved the Specific Plan. The Property shall be developed in accordance with the Specific Plan, which, in conjunction with the Northwest Marana Area Plan, the M DC and the Conceptual Block Plat, sets forth the basic 1 and uses, densities and intensities of such land uses as presently authorized for the Property and development regulations related thereto. Upon compliance by the Developer with the applicable development review and approval procedures as set forth in the Specific Plan, the MDC and other Town ordinances, rules, regulations and state laws, the Town agrees to approve or permit such plans, specifications, and/or plats of or for the Property as may be requested by the Developer and which are consistent with the Specific Plan, the Northwest Marana Area Plan, the Conceptual Block Plat, and the MDC. . 1.2. Rancho Marana Specific Plan The Developer agrees to fulfill all conditions outlined in the Specific Plan and as may be clarified by this Agreement or future amendments for the Property. 1.3. Design Guidelines In compliance with the Specific Plan, and in order to ensure a high level of design, the Developer has included detailed c ommunity d esign guidelines (the "Design Guidelines ") with the Conceptual Block Plat. The Design Guidelines include, but are not limited to, restricted fencing and subdivision design limitations. 1.4. Phasing of Development The Developer intends to build the Property in six phases (approximately 472.1 acres plus 22.3 acres of open space): a Phase I is the portion of the Property which will include the approximate 69.4 acres known as Farm Field Five in the Conceptual Block Plat (Exhibit "D "). • Phase II is the portion of the Property that is identified as Blocks 1 and 13, approximately 74 and 21 acres respectively, as identified in Exhibit « • Phase III is the portion of the Property that is identified as Block 2 in Exhibit "D ", approximately 98.2 acres. • Phase IV is the portion of the Property that is identified as Blocks 7 and 8 on Exhibit "D ", having 24.0 and 23.8 acres respectively. V • Phase V is the portion of the Property that is identified as Blocks 9, 10, 11 and 12 in Exhibit "D ", 8.5 acres, 11.3 acres, 17.5 acres and 15.2 acres respectively. • Phase VI is the portion of the Property that is identified in Exhibit "D" as Blocks 3, 4, 5 and 6, 43.5 acres, 8.3 acres, 18.2 acres and 39.2 acres respectively. The Developer has the option of amending the phasing sequence at its discretion, with the approval of the Town, except for the following: That portion of the Property adjacent to the Town Civic Center, identified in the Conceptual Block Plat as Blocks 9, 10, 11 and 12, bordered on the north by Barnett Linear Park, on the west by Civic Center Drive, on the east by Lon Adams Road, and the south by Vanderbilt Farms Boulevard, which will not be developed with varying densities and/or uses prior to the year 2008, unless they are developed with densities or land uses which are consistent with those identified in Exhibit "D ". The Town may request that the Developer amend the phasing sequence at such time the Town demonstrates the need to accelerate some of the infrastructure such as roads and drainage and Develop shall work with the Town to affect such phasing as is reasonable. 1.5. Density The Property is proposed to be developed as shown on the Conceptual Block Plat. This includes approximately 241.6 acres as medium density residential, approximately 101.5 acres medium -high density residential, approximately 11.3 acres high density residential, approximately 8.5 acres commercial, approximately 109.2 acres employment center, and approximately 22.3 acres open space. The Town and the Developer agree that as the development of the Property proceeds in the phasing process, those parcels located north of Vanderbilt Farms Boulevard may be developed at a lower density than that which is shown on the Preliminary Block Plat, that lower density being medium density residential. It is acknowledged that the portion of the property identified as Phase V above shall not be developed at a density lower than currently identified until at least 2008. 1.6. Farm Field Five The Farm Field Five Final Plat can proceed independently of the Final Block Plat of the Property pursuant to Marana Resolution No 2002 -148 dated December 17, 2002. 2. Infrastructure Improvements. 2.1. Regional Public Infrastructure The Public Infrastructure described in Section 2 of this Agreement will be designed and constructed by Developer in order to serve the planned development of the Property, but will also facilitate and support the ultimate development of the larder land area that includes the Property (the "Regional Public Infrastructure "). The Town acknowledges that portions of the Regional Public Infrastructure will be provided as part of the early phases of development of the Property, prior to the time when such public infrastructure facilities and services would otherwise be required to serve completed phases of the development within the Property and, therefore, prior to the time Developer might otherwise be required to provide or contribute to the cost of same and prior to the time the expense of such public infrastructure facilities and services otherwise would be justified by the phasing of development of the Property. Developer -3- is willing to provide the Regional Public Infrastructure earlier than otherwise required for its private development of the Property, and to have such Regional Public Infrastructure utilized to facilitate and support development of the larger land area that includes the Property only if Developer can complete development of the Property as provided for in this Agreement. The Town acknowledges this commitment by Developer and will reasonably cooperate to allow this development to proceed pursuant to this Agreement. 2.2. Water Utilities The Developer and the Town are currently negotiating a Water Service Agreement, which sets forth the various agreements of the parties relating to, among other things, the development, construction, dedication, ownership, and design of the water system which shall serve the Property. This Water Service Agreement shall be entered into prior to recordation of the Final Block Plat for the Property. The Town will act on the Water Service Agreement within a reasonable time. 2.2.1. Transfer o f G randfathered Water R ights As stated in the Water Services Agreement, the Developer shall transfer to the Town all Type II non - Irrigation Rights, as prescribed by the Arizona Department of Water Resources, the Irrigation Grandfathered Rights (IGR) water rights on lands deeded to the Town pursuant to the Certificate of Grandfathered Water Rights. On lands not deeded to the Town, extinguishment credits will be transferred to the Town on the appropriate Department of Water Resources form. In exchange, the Town shall provide designation of assured water supply and water service to the Property. 2.3 Roadway Improvements. 2.3.1. Moore Road Moore Road is planned as a 250 -foot right -of -way. A cross - section of Moore Road is attached as Exhibit "E " . The Developer will install landscaping along the 20 -foot wide buffer area on the north side of Moore Road pursuant to Exhibit "E " . These improvements will be installed contemporaneously with each development block contiguous to Moore Road, and will be completed prior to the release of the assurances posted to assure completion of the improvements set forth on the final plat for each development block delineated on the Conceptual Block Plat. 2.3.2. Lon Adams Road Pursuant to the Conceptual Block Plat, Lon Adams Road will be a 90 -foot right -of -way. A cross - section of Lon Adams is attached as Exhibit "F " . The Developer shall construct Lon Adams Road pursuant to Exhibit "F" in Phase III, or as required and necessary to serve adjacent blocks to be developed. 2.3.3. Civic Center Drive The Developer will improve Civic Center Drive for its e ntire 1 ength w ithin its P roperty. C ivic C enter D rive w ill b e a 9 0 -foot r ight -of -way. A cross- section of Civic Center Drive is attached as Exhibit "G " . The improvements will be completed in Phase IV, or as required and necessary to serve adjacent blocks to be developed. 2.3.4. Vanderbilt Farms Boulevard The Developer will improve Vanderbilt Farms Boulevard for its entire length across the Property. Vanderbilt Farms Boulevard will be a 90 -foot right -of -way. A cross - section of Vanderbilt Farms Boulevard is attached as Exhibit . "H " . The improvements will be completed in four phases, or as required and necessary to serve adjacent blocks to be developed. -4- 2.4.5. Proportionate Financial Share Pursuant to the Specific Plan requiring the Developer to contribute its proportionate financial share to regional transportation improvements, completion of all improvements in Section 2.4 of this Agreement is deemed to satisfy the Specific Plan. Nothing in this Section 2.4.5 precludes the Town from levying future impact fees for transportation as otherwise permitted pursuant to this Agreement and other laws. 2.4. Barnett Linear Park It is the Developer's intent, which the Town acknowledges and relies upon, to incorporate significant drainage / recreational facilities, including Barnett Linear Park and trail system. Based on an estimated 1440 residential units, Developer shall identify a minimum of 23 acres of public park land and trail system acceptable to the Development Services Administrator and Parks and Recreation Director. The public park land, trail system and associated facilities will primarily be incorporated into the Barnett Linear Park. The Barnett Linear Park will be constructed in Phases H and III of the Property, in accordance with the plan attached hereto as Exhibit "I ". The construction and transfer of ownership of the Barnett Linear Park pursuant to this Section 2.5, satisfies all requirements for retention requirements for the residential p ortion o f the Property, except for approximately 11 acres o f additional retention area required as shown on the Conceptual Block Plat. Upon the Town's completion of the Barnett Linear Park channel outside of the Property and providing positive drainage into the Santa Cruz River, retention and detention requirements will not be necessary for this Property. Conveyance of the right -of -way for construction of the Barnett Linear Park within the Property will be dedicated to the Town as part of the Final Block Plat or twelve (12) months after the approval of the Farm Field Five Final Plat, whichever is earlier. 2.4.1. Park Improvement Contribution In addition to providing a minimum of 23 acres of public park land and trail system acceptable to the Development Services Director and Parks and Recreation Director, a [$1,0001 per subdivided residential lot (the "Park Improvement Contribution ") shall be due and payable at the time building permits are issued for each residential lot. Such Park Improvement Contribution shall be utilized to improve the Barnett Linear Park and Trail System within the Project. Town shall grant to Developer a credit against the Park Improvement Contribution for Town approved expenses for Park and Trail System Improvements. Eligibility of improvements to receive credit shall be determined by the Development Services Administrator and Parks and Recreation Director. Park and Trail System improvements not eligible for credit shall include grading and dirt work by the Developer. 2.4.2 Onsite Private Recreational Facilities Within each platted block, private recreational facilities shall be constructed on a site of not less than 185 square feet per residential unit. Site and facility design shall be approved by the Town Parks and Recreation Director and Development Services Administrator. 2.5 Fire Protection Prior to issuance of the certificate of occupancy for any dwelling unit, the Developer shall have completed the process of having the Property annexed into a fire district if the Property is already not annexed. The fire district must be capable of providing fire prevention, fire suppression and other emergency services, and must be approved by the Town, and such approval shall not be unreasonably withheld if not already annexed. -5- 2.6 Bank Protection In satisfaction of Town Ordinance No. 99.02, Developer shall pay $ 500.00 p er acre o f a ffected p roperty for b ank p rotection. T he D eveloper s hall p ay t his obligation on a block by block basis, prior to any release of any subdivision assurances for the block. 2.7 Irrigation System The Developer shall develop and construct an irrigation system, acceptable to the Utility Director and Development Services Administrator, dedicated to the Town, to distribute irrigation water throughout the Property. 2.71 Cortaro -Marana Irrigation District ( "CMID ") In compliance with the Specific Plan, the Developer is working with CMID to enter into a formal agreement concerning the maintenance of the necessary irrigation system and well sites to perpetuate the ability for CMID to have their users irrigate as necessary. 2.8 School Improvement Contribution A [$1,200] per subdivided residential lot (the "School Improvement Contribution ") shall be due and payable at the time building permits are issued for each residential lot. Town shall grant to Developer a credit against the School Improvement Contribution for (i) Town approved educated- related equipment donated by Developer and for (ii) Town approved real property donated by the Developer (to be valued at $25,000.00 per acre). Eligibility of improvements to receive credit shall be determined by the Town Manager. 3. Responsibility for Financing Infrastructure Improvements. Upon request of the Developer, the Town staff shall process any request for a Community Facilities District pursuant to A.R.S. § 48 -701, et seq. and the Town's Guidelines for Establishment of Community Facilities Districts, and the Town Council shall reasonably consider such request for a Community Facilities District. 4. Cooperation and Alternative Dispute Resolution. 4.1. Appointment of Representatives To further the commitment of the parties to cooperate in the progress of the Development, the Town and the Developer each shall designate and appoint a representative to act as a liaison between the Town and its various departments and the Developer. The initial representative for the Town (the "Town Representative ") shall be the Development Services Director, and the initial representative for the Developer shall be Mike Carlier or, upon written notice to the Town, a replacement project manager to be selected by the Developer. The representatives shall be available at all reasonable times to discuss and review the performance of the parties to this Agreement and the development of the Property. 4.2. Timing The Town acknowledges the necessity for prompt review by the Town of all plans and other materials (the "Submitted Materials ") submitted by the Developer to the Town hereunder or pursuant to any zoning procedure, permit procedure, or other governmental procedure pertaining to the development of the Property and agrees to use its best efforts to accomplish such prompt review of the Submitted Materials whenever possible. 4.3. Default; Remedies If either party hereto defaults (the "Defaulting Party ") with respect to any of such party's obligations hereunder, then the other party hereto (the "Non - Defaulting Party ") shall be entitled to give written notice in the manner prescribed in Section -6- 6_1 to the Defaulting Party, which notice shall state the nature of the default claimed and make demand that such default be corrected. The Defaulting Party shall then have (i) twenty (20) days from the date of such notice within which to correct such default if it can reasonably be corrected by the payment of money, or (ii) sixty (60) days from the date of such notice to cure such default if action other than the payment of money is reasonably required, or if any such non - monetary default cannot reasonably be cured within sixty (60) days, then such longer period as may be reasonably required, provided and so long as such cure is promptly commenced within such period and thereafter diligently prosecuted to completion. If any such default is not cured within the applicable time period(s) set forth above in this Section 4.3 then the Non - Defaulting Party shall be entitled to commence an action at law or in equity in the Pima County Superior Court. The parties hereto agree that due to the size, nature and scope of the Development, and due to the fact that it may not be practical or possible to restore the Property to the condition which existed prior to Developer's development and improvement work, once implementation of this Agreement has begun, money damages and remedies at law will likely be inadequate and that specific performance will likely be appropriate for the enforcement of this Agreement. This Section 4.3 shall not limit any other rights, remedies, or causes of action that either party may have at law or in equity. 5. Protected Development Rights. 5.1. Purpose One of the purposes of this Agreement is to establish legally protected rights for the development of the Property in a manner which is consistent with the Northwest Marana Area Plan, the MDC, the Specific Plan and the Conceptual Block Plat, in order to ensure reasonable c ertainty, s tability and f airness t o t he D eveloper o ver t he t erm o f t his A greement. Toward this end, Developer and Town agree that the zoning designations granted by the Specific Plan shall remain in effect and shall not be changed without the agreement of the Developer for the term of this Agreement. 5.2. Future Impact Fees In consideration for the roadway, parks, sewer, water and irrigation improvements funded and/or constructed by Developer pursuant to this Agreement, in the event the Town adopts an impact fee as set forth in A.R.S. § 9- 463.05 for which Developer has paid a voluntary fee or constructed improvements pursuant to Section 2 of this Agreement, Developer shall be entitled to a credit for such contributions in an amount equal to either the amount of such voluntary fee payments or the actual construction costs of such improvements, as applicable. 6. Notices and Filings. 6.1. Manner of Serving All notices, filings, consents, approvals and other communications provided for herein or given in connection herewith shall be validly given, filed, made, transmitted or served if in writing and delivered personally or sent by registered or certified United States mail, postage prepaid, to (or to such other addresses as either party hereto may from time to time designate in writing and deliver in a like manner): -7- I i' Y The Town: Town of Marana Planning Director 13251 N. Lon Adams Road Marana, Arizona 85653 With a copy to: Daniel J. Hochuli, Esq. Hochuli & Benavidez, P.C. 220 East Wetmore Rd., Suite 110 Tucson, Arizona 85705 The Developer: FCD Marana Venture I, L. L. C. c/o Donald M. Edwards Edwards, Largay & Co., PLC 333 East Osborn Road, Suite 260 Phoenix, Arizona 85012 With a copy to: Mike Carlier /Sandy Alter Carher Company 3561 E. Sunrise Drive, Suite 105 Tucson AZ 85718 With a copy to: Kyle Hettinger Brown & Bain 2901 N. Central, Suite 2000 Phoenix AZ 85012 -2788 7. General Terms & Conditions. 7.1. Term This Agreement shall become effective upon its execution by all the parties and the taking effect of a duly adopted resolution of the ToNm's governing body approving the Agreement (the "Effective Date "). The term of the Agreement shall commence — -8- upon the Effective Date and, unless sooner terminated by the mutual consent of the parties, shall automatically terminate and shall thereafter be void for all purposes twenty -five (25) years from the date of this Agreement. If the parties determine that a longer period is necessary for any reason, the term of this Agreement may be extended by written acknowledgment executed by the parties. 7.2. Waiver. No delay in exercising any right or remedy shall constitute a waiver thereof, and no waiver by the Town or the Developer of the breach of any covenant of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Agreement. 7.3. Attorneys' Fees In the event any party hereto finds it necessary to bring an action at law or other proceeding against any other party to enforce any of the terms, covenants or conditions hereof, or by reason of any breach of default hereunder, the party prevailing in any such action or other proceeding shall be paid all reasonable costs and reasonable attorneys' fees by the other party, and in the event any judgment is secured by said prevailing party, all such costs and attorneys' fees shall be included therein, such fees to be set by the court and not by jury 7.4. Counterparts T his A greement m ay b e e xecuted i n two o r m ore c ounterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from such counterparts and such signature pages all attached to a single instrument so that the signatures of all parties may be physically attached to a single document. 7.5. H_ eadings and Recitals The descriptive headings of the sections of this Agreement a re i nserted for c onvenience o my a nd sh all n of c ontrol or affect t he m eaning o r construction of any of the provisions hereof. The Recitals set forth at the beginning of this Agreement are hereby acknowledged and incorporated herein and the parties hereby confirm the accuracy thereof. 7.6. Exhibits Any exhibit attached hereto shall be deemed to have been incorporated herein by this reference with the same force and effect as if fully set forth in the body hereof. 7.7. Further Acts Each of the parties hereto shall execute and deliver all such documents and perform all such acts as reasonably necessary, from time to time, to carry out the matters contemplated by this Agreement. Without limiting the generality of the foregoing, the Town shall cooperate in good faith and process promptly any requests and applications for plat or permit approvals or revisions, and other necessary approvals relating to the development of the Property by the Developer and its successors. 7.8. Future Effect 7.8.1. Successors All of the provisions hereof shall inure to the benefit of and be binding upon the successors, assigns and legal representatives of the parties hereto, except as provided in Section 7.9 below. To the extent permitted by law, the Developer's rights hereunder may be freely assigned by a written instrument, approved by the Town and recorded -9- in the Official Records of Pima County, Arizona, expressly assigning such rights. Notwithstanding the foregoing to the contrary, obligations of the Developer hereunder shall be binding upon anyone owning any right, title or interest in the Property, provided such obligation has been specifically assumed in writing and such writing has been approved by the Town and recorded in the Official Records of Pima County, Arizona. The Town understands that the Developer may create one or more entities or subsidiaries wholly owned or controlled by the Developer, the individuals that currently control Developer or Mike Carlier (each, an "Affiliate ") for purposes of carrying out the development of the Property as contemplated in this Agreement. In the event of a complete assignment by Developer of all rights and obligations of Developer hereunder, Developer's liability hereunder shall continue unless released by the Town by written instrument. 7.9. Termination Upon Sale to Public It is the intention of the parties that although recorded, this Agreement shall not create conditions or exceptions to title or covenants running with the land. Nevertheless, in order to alleviate any concern as to the effect of this Agreement on the status of title to any of the Property, this Agreement shall terminate without the execution or recordation of any further document or instrument as to any lot which has been finally subdivided and individually (and not in "bulk ") leased (for a period of longer than one year) or sold to the end purchaser or user thereof and thereupon such lot shall be released from and no longer be subject to or burdened by the provisions of this Agreement. 7.10. No Partnership and Third Parties It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any partnership, joint venture or other arrangement between the Developer and the Town. No term or provision of this Agreement is intended to, or shall, be for the benefit of any person, firm, organization or corporation not a party hereto, and no such other person, firm, organization or corporation shall have any right or cause of action hereunder. 7.11. Other Instruments Each party hereto shall, promptly upon the request of the other, have acknowledged and delivered to the other any and all further instruments and assurances reasonably requested or appropriate to evidence or give effect to the provisions of this Agreement. 7.12. Imposition of Duty By Law This Agreement does not relieve any party hereto of any obligation or responsibility imposed upon it by law. 7.13. Entire Agreement This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. All prior and contemporaneous agreements, representations and understanding of the parties, oral or written, are hereby superseded and merged herein. 7.14. Amendment The Town and the Developer agree to cooperate and in good faith pursue any amendments to this Agreement that are reasonably necessary to accomplish the goals expressed in the MDC, the Specific Plan and the Conceptual Block Plat, and to facilitate the development of the Property in light of any changes in development requirements, including an extension of the term of this Agreement as provided in Section 7.1 If the Developer determines that it would be beneficial to amend this Agreement to include adjacent -10- . i T lands owned by the Developer (or any Affiliate), the Town agrees to consider in good faith such amendment. All amendments to this Agreement shall be in writing and, if approved, must be signed by all appropriate parties. Within ten (10) days after any amendment to this Agreement, such amendment shall be recorded by, and at the expense of, the party requesting the amendment, in the Official Records of Pima County, Arizona. 7.15. Names and Plans The Developer shall be the sole owner of all names, titles, plans, drawings, specifications, ideas, programs, designs and work products of eyery nature at any time developed, formulated or prepared by or at the instance of the Developer in connection with the Property or any plans; provided, however, that in connection with any conveyance of portions of the infrastructure as provided in this Agreement such rights pertaining to the portions of the infrastructure so conveyed shall be assigned to the extent that such rights are assignable, to the appropriate governmental authority. 7.16. Good Standing; Authority The Developer represents and warrants to the Town that it is duly formed and validly existing under the laws of Arizona. The Town represents and warrants to the Developer that it is an Arizona municipal corporation duly qualified to do business in the State of Arizona and is in good standing under applicable state laws. Each of the parties hereto represents and warrants to the others that the individual(s) executing this Agreement on behalf of the respective parties are authorized and empowered to bind the party on whose behalf each such individual is signing. 7.17. Severability If any provision of this Agreement is declared void or unenforceable, such provision shall be severed from this Agreement, which shall otherwise remain in full force and effect. If any applicable law or court of competent jurisdiction prohibits or excuses either party from undertaking any contractual commitment to perform any act hereunder, this Agreement shall remain in full force and effect, but the provision requiring such action shall be deemed to permit that party to take such action at its discretion. If, however, such party fails to take the action specified hereunder, the other party shall be entitled to terminate this Agreement. 7.18. Governin- Law /Arbitration This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of Arizona, and the parties agree that any litigation or arbitration shall take place in Pima County, Arizona. In particular, this Agreement is subject to the provisions of A.R.S. § 38 -511. This Agreement has been negotiated by separate legal counsel for the Town and the Developer, and no party shall be deemed to have drafted this Agreement for purposes of construing any portion of this Agreement for or against any party. Any dispute, controversy, claim or cause of action arising out of or relating to this Agreement shall be settled by submission of the matter by both parties to binding arbitration in accordance with the rules of the American Arbitration Association and the Arizona Uniform Arbitration Act, A.R.S. § 12 -501, et seq., and judgment upon the award rendered by the arbitrator(s) may be entered in a court having jurisdiction thereof. 7.19. Recordation No later than ten (10) days after this Agreement has been executed by the Town and the Developer, it shall be recorded in its entirety, by, and at the expense of, the Developer, in the Official Records of Pima County, Arizona. — -11- Y 7.20. No Developer Representations Except as specifically set forth herein, nothing contained herein shall be deemed to obligate the Town or the Developer to complete any part or all of the development of the Property. 7.21. Approval If any party is required pursuant to this Agreement to give its prior written approval, consent or permission, such approval, consent or permission shall not be unreasonably withheld or delayed. 7.22. Force M aj eure If any party h ereto s hall b e u nable t o o bserve o r p erform a ny covenant or condition herein by reason of "force majeure," then the failure to observe or perform such covenant or condition shall not constitute a default hereunder so long as such party shall use its best effort to remedy with all reasonable dispatch the event or condition causing such inability and such event or condition can be cured within a reasonable amount of time. "Force majeure," as used here, means any condition or event not reasonably within the control of such party, including without limitation, "acts of God "; strikes, lock -outs, or other disturbances of employer /employee relations; acts of public enemies; orders or restraints of any mind of the government of the United States or any state thereof or any of their departments, agencies, or officials, or of any civil or military authority; insurrection; civil disturbances; riots; epidemics; landslides; lightning; earthquakes; subsidence; fires; hurricanes; storms; droughts; floods; arrests, restraints of government and of people; explosions; and partial or entire failure of utilities. Failure to settle strikes, lock -outs and other disturbances of employer /employee relations or to settle legal or administrative proceedings by acceding to the demands of the opposing party or parties, in either case when such course is in the judgment of the party hereto unfavorable to such party, shall not constitute failure to use its best efforts to remedy such a condition. IN WrrrTEss WHEREOF, the parties have executed this Agreement the day and year written below. Date: TOWN OF MAR.ANA ATTEST: an Arizona municipal corporation By Town Clerk Mayor Bobby Sutton, Jr. -12- I r • APPROVED AS TO FORM AND AUTHORITY The foregoing Agreement has been reviewed by the undersigned attorney who has determined that it is in proper form and within the power and authority granted under the laws of the State of Arizona to the Town of Marana. Daniel J. Hochuh, Esq. Attorney for Town of Marana • - IJ- r • Date: FCD Marana Venture I, L.L.C., an Arizona limited liability company By Its STATE OF ARIZONA ) ss. County of ) The foregoing document was sworn to and acknowledged before me the day of 2003, by of an Arizona corporation. Notary Public My commission expires: • 218858_2 • -14- DEVELOPMENT AGREEMENT V v BETWEEN TOWN OF MARANA� AND ' ( FCD MARANA VENTURE I, LLC C FOR 1 AMENDED RANCHO MARANA SPECIFIC PLAN (VA � kj - ' 1. Rancho Marana Specific Plan or Vanderbilt Farms is 494 acres with 13 blocks and Farm Field Five. Uses include Commercial, Medium Density Residential, and Employment Centers. 2. Property will be developed in accordance the Northwest Area Plan, Marana Development Code, the Rancho Marana Specific Plan and the Conceptual Block Plat including design guidelines submitted and to be approved by staff. 3. The Property will be developed in phases beginning with Farm Field Five. The Phasing is set out in this agreement but can be modified. 4. The project will build out at less density overall than is currently approved. Higher densities will be located in the town core per the Northwest Marana Area Plan. 5. Developer will provide Regional Infrastructure earlier than required for this Property. 6. The Town of Marana will be the water provider and is negotiating a Water Services Agreement. Grandfathered Water Rights will be transferred to the Town of Marana. 7. Substantial Roadway Improvements include landscaping along Moore Road, construction of the extension of Lon Adams Road, construction of the extension of Civic Center Drive, and the construction of the extension of Vanderbilt Farms Boulevard through the Property. 8. Barnett Linear Park will be created as a significant drainage /recreation facility. Developer /Builder will provide recreation improvements or a fee -in -lieu equal to $1,000 per residential unit based on 1440 anticipated residential units. Developer will identify 23 acres of Public Park Land (which may be incorporated into Barnett Linear Park),. Each residential block plat still requires a developed on -site recreation area equal to 185 square feet per residential unit on block plats of 50 or more homes. 9. Developer /Builder will contribute $1,200 per residential unit for school property and/or equipment. 10. This Property will be annexed into Northwest Fire District, will pay a $500 per acre Bank Protection fee, and provide the non - potable water system for the Project. 11. Staff expects that a Community Facilities District will be requested and formed with Council approval to facilitate orderly development of the Property and Infrastructure. 12. The Town of Marana is not limited from assessing future impact fees, but will per law give appropriate credits for appropriate development. ' 1 • f� I� SANDERS ROAD y �C b W o z � � c m SANDARIO ROAD ' D _� 0 —j Y7 o 3 =zz t-i D = O O S O U) uco i �D= nz> s _ > M w! o � _ Z Lf) � f N v R ' N j �y 04 /2001 09:53 FAX 520 623 5762 LAWYERS TITLE AZ la 009/015 i Exhibit A CASE NO. 408051 Parcel l That portion of the South Half of Section 26, Township 11.,South, Range 11 East, Gila and Salt River Base and Meridian, Pima County, Arizona, lying Southerly and Westerly of that portion conveyed to Cortaro - Marana Irrigation District in Docket 1985 at page 243. EXCEPT the South 30 feet within the right of way of Grier Road #112 (Moore Road) as shown in Book 2 of Road Maps at page 126; AND EXCEPT the West 30 feet within the right of way of Postvale Road #28 as shown in Book 1 of Road Maps at page 70. AND EXCEPT that portion conveyed to the Town of Marana by Deed recorded in Docket 9014 at page 1524, more particularly described as follows. BEGINNING at the Northwest comer of the Southwest Quarter of said Section 26, Township 11 South, Range 11 East; THENCE North 89 degrees 45 minutes 37 seconds East, along the North line of said Southwest Quarter of Section 26, a distance of 1605.05 feet to a point in the Southwest right of way line of Interstate Highway 10; THENCE South 49 degrees 36 minutes 21 seconds East, along said Southwest right of way line, 47.90 feet; THENCE Northwesterly along a curve concave to the South having a radius of 25.00 feet and a central angle of 41 degrees 38 minutes 02 seconds, 18,17 feet; THENCE South 89 degrees 45 minutes 37 seconds West parallel to and 25.00 feet South of the North line of said Southwest Quarter, 1569.80 feet; THENCE Southerly along a curve concave to the Southeast having a radius of 25.00 feet and a central angle of 89.degrees 51 minutes 26 seconds, 39.21 feet; THENCE South 89 degrees 45 minutes 37 seconds West, 30.00 feet to a point in the West line of said Southwest Quarter of Section 26; THENCE North 0 degrees 05 minutes 49 seconds West, 49.94 feet to the POINT OF BEGINNING, EXCLUDING THEREFROM any portions previously dedicated as public right of way. Parcel 11 The South Half of Section 27, Township 11 South, Range 11 East, Gila and Salt River Base and Meridian P County, Arizona. , ima EXCEPT the East 30 feet within the right of way of Postvale Road #28 as shown in Book 1 of Road Maps at page 70; /2001 09:54 FAX, 520 623 5762 LAWYERS TITLE AZ 0010/015 AND EXCEPT the South 30 feet within the right of way of Grier Road #112 (Moore Road) as shown-in Book 2 of Road Maps at page 127; AND EXCEPT the West 30 feet within the right of way of Grier Road #117 (5andario Road) as shown in Book 2 of Road Maps at page 174; AND EXCEPT the North 23 feet within the right of way of Barnett Load as shown in Book 14 of Road Maps at page 21. I a:) x I � 1 1 \ ^ N Q C s I LU _ Oui L a a i� ry ' < Za ` i5 3 t o _ < 4 � °MO X 1 I CL 3 U 4 N a' $ m ~ a UJ < > I F z O � v) r1 I 03Q z fl 1 1 r=ON CL < i ■ �mr■ -- m 1I 1 W i I I� I� 2 I I/ u� o � S 'mss U W 3 v 3 c Olct la i�fti F+ o gig ° L j I e a S H zi as v ! DQ ^ W. 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X G m co - r r o m Ix } Yo 3 o Ww Z 133PS 33S ,• n a:� a r- F I „ �� /x-000 a � Z a H 0F2 i ' .I - C W W 00 �� N Q 000 ��c o —OZ �• 000 4� JZ ~ � UL ��CQQ 4 3 JryryW..NNy�� K I I S O 4 F-I ��O ��W O d ] Q 1 Uom0 I I 0 01 Q o zz j a e O a` O 0 z � 0 ;� cl q oil .S O V 61 � �5v` I a 6 CA u 3, r oc - 2 cYil� <zQ< I� Z I � <�YNNMQ , ry � 3 N f � r- f zn BO I loo Adams � � I - N m r— I--1 t l+ li� I W Iq � t •s —= -' • Ep r m x L I I'1 O _ - N Z d Q O� wW0 s Z ^ 4. ^3� �a _ (�V -N - -jF O rn o - ::) ix x < y NU7�0 1 r^ N Lij Q Pow o j vs a M _ t%L� < J S w rT _1 0 z -__1 U 0 zz I swept/ Ual ZZ Aj 11 Z I C S i < a C I z a Irj i I I j l 1 li 1 _ I I i a !I y m 0 *03 i 1 TOWN TOWN COUNCIL OF MEETING MARANA INFORMATION DATE: June 3, 2003 AGENDA ITEM: IX. B. 3 TO: Mayor and Council FROM: Dick Gear, Community and Economic Development Director SUBJECT: Discussion/Direction: Request for Council approval of Airport Minimum Standards. DISCUSSION: As an integral part of airport management, each government sponsor is required to formulate the minimum standards under which the airport will operate. Airport Business Solutions, a consulting firm contracted by the Town, completed its draft of proposed minimum standards a couple of months ago. The Town waited until its new Airport Manager was brought on board before finalizing this document. Minimum standards, by their nature, must balance the needs of the airport lessees with the requirements of the Town to run a well - regulated, safe and profitable airport. Because the Airport is guided by this document it was determined that our Airport Manager should have his input into this document prior to finalization. The Town's new Airport Manager has past professional experience working with airport minimum standards. He has made several modifications to the draft and now presents the proposed Marana Northwest Regional Airport's Minimum Standards to Council for consideration and approval. An abbreviated list of items covered in the Airport Minimum Standards is attached. RECOMMENDATION: Staff recommends approval of the Town's Airport Minimum Standards SUGGESTED MOTIONS: I move that the Airport Minimum Standards be approved. ADMIN/SRG /05/27/2003 MARANA NORTHWEST REGIONAL AIRPORT Minimum Standard Requirements for Airport Aeronautical Services � The complete document is available for review in the Clerk's Office. This is only the cover sheet and the Table of C k MARANA MAIkANA NORT ST REGIONAL AIRPORT MINIMUM STANDARD REQUIREMENTS FOR AIRPORT AERONAUTICAL SERVICES June 3 2003 Marana Northwest Regional Airport Minimum Standards June 3, 2003 i TABLE OF CONTENTS Section l GENERAL INFORMATION Section 1 -1. Purpose. 4 Section 1 -2. Introduction. 4 Section 1 -3. Application of minimum operating standards. 4 Section 1 -4. Activities not covered by minimum operating standards. 4 Section 1 -5. Multiple activities by one commercial airport operator. 4 Section 1 -6. Right to amend standards. 5 Section 1 -7. Waiver or modification of standards. 5 Section 1 -8. Categories of aeronautical service operator. 5 Section 1 -9. Effective date. 5 Section 2 DEFINITIONS Section 2 -1. Aircraft definitions. 6 Section 2 -2. General definitions. 6 Section 2 -3. Governmental definitions. 7 Section 2-4. Fueling defmitions. 7 Section 2 -5. Lease and agreements definitions. 8 Section 2 -6. Service definitions. 8 Section 2 -7. Infrastructure definitions. 9 Section 3 APPLICATION PROCESS Section 3 -1. Application and qualifications. 10 Section 3 -2. Action on application. 10 Section 3 -3. Appeal process. 11 Section 4 GENERAL CONTRACTUAL PROVISIONS Section 4 -1. General contractual provisions. 12 Section 5 GENERAL OPERATIONAL REQUIREMENTS Section 5 -1. Airport rules and regulations. 13 Section 5 -2. Taxiway access. 13 Section 5 -3. Right -of -entry reserved. 13 Section 54. Rates and charges. 13 Section 5 -5. Personnel, subtenants and invitees; control and demeanor. 13 Section 5 -6. Interference with utilities and systems. 13 Section 5 -7. Fire equipment. 13 Section 5 -8. Vehicle identification. 13 Section 5 -9. Indemnification. 14 Section 5 -10. Environmental. 14 Section 6 INSURANCE Section 6 -1. General insurance requirements. 1 Section 6 -2. Additional insurance required by ToN3m's risk management director. I Section 6 -3. Form; acceptance by Totem. 1; 2 S Marana Northwest Regional Airport Minimum Standards June 3, 2003 Section 7 FIXED BASED OPERATORS Section 7 -1. Statement of concept. 16 Section 7 -2. Minimum land requirements for FBO's. 16 Section 7 -3. Minimum hours of operation. 17 Section 7 -4. Subcontracting services; restrictions. 17 Section 7 -5. Minimum requirements of FBO services. 17 Section 7 -6. Insurance. 20 Section 7 -7. Monthly fee. 20 SECTION 8 SPECIALIZED AERONAUTICAL SERVICES OPERATOR Section 8 -1. SASO Hours of Operation. 21 Section 8 -2. Aircraft Sales SASO. 21 Section 8 -3. Aircraft Maintenance and Repair SASO. 21 Section 8 -4. Aircraft and/or Ultralight Vehicle Lease and Rental SASO. 22 Section 8 -5. Flight Training SASO. 22 Section 8 -6. Commercial Skydiving SASO. 23 Section 8 -7. Avionics, Instruments or Propeller Repair Station SASO. 23 Section 8 -8. Aircraft Charter and Air Taxi SASO. 24 Section 8 -9. Aircraft Storage SASO. 25 Section 8 -10. Specialized Commercial Flying Services SASO. 26 Section 8 -11. Flying Clubs SASO. 27 Section 8 -12. Multiple Services SASO. 27 Section 8 -13. Aircraft Management Services SASO. 27 Section 8 -14. Mobile Washing Services SASO. 28 Section 8 -15. Mobile Aircraft Washing Services SASO. 28 APPENDIXI Minimum Requirements for a Business Plan 30 • 3 i i TOWN TOWN COUNCIL OF MEETING MARANA INFORMATION DATE: June 3, 2003 AGENDA ITEM: IX. B. 4 TO: Mayor and Council FROM: Dick Gear, Community and Economic Development Director SUBJECT: Discussion/Direction: Request for Council approval of new Master Airport Ground Lease Form. DISCUSSION: With the Town's acquisition of the Marana Northwest Regional Airport (formerly Avra Valley Airport) from Pima. County in September of 1999, a variety of lease documents that lack consistency passed through to the Town. It is the Town's desire to replace all existing leases with this new standard lease. In addition, all future leases will utilize this form. The lease recommended has been modified from the ADOT and FAA approved lease currently in use at Tucson International Airport. The Town has used the bulk of the language from this lease, and modified it to suit unique conditions at Marana Northwest Regional Airport. Adopting this single lease form will eliminate the inconsistencies among the various lessees at the airport. In addition, the "boiler plate" backbone of this new lease has passed scrutiny at both ADOT and FAA. RECOMMENDATION: Staff recommends approval of the attached Airport Master Lease Form. SUGGESTED MOTIONS: I move that the new Master Airport Lease Form be approved. ADMIN/SRG/05/27/2003 MARANA NORTHWEST REGIONAL AIRPORT Master Tenant Lease The complete document is available � for review in the Clerk's Office. This is only the cover sheet and the Table of Contents. • MARANA MASTER TENANT LEASE ........... S� y Between The Town of Marana, Marana Northwest Regional Airport And June 3, 2003 COMMERCIAL - AVIATION LEASE TABLE OF CONTENTS SECTIONl - PREMISES ........................................................................................................... ............................... 2 SECTION2 - TERM ................................................................................................................... ............................... 3 SECTION3 - RENTAL ............................................................................................................... ............................... 4 SECTION4 - SECURITY DEPOSIT ........................................................................................ ............................... 5 SECTION 5 - RENTAL RATE ADJUSTMENT ...................................................................... ............................... 6 SECTION 6 - CONSTRUCTION AND IMPROVEMENTS ................................................... ............................... 8 SECTION7 - MAINTENANCE ............................................................................................... ............................... 10 SECTION - UTILITIES ......................................................................................................... ............................... 11 SECTION9 - TRADE FIXTURES .......................................................................................... ............................... 12 SECTION 10 - IMPROVEMENTS, OWNERSHIP ............................................................... ............................... 13 SECTION11 - INSURANCE .................................................................................................... ............................... 14 SECTION12 - INDEMNITY ................................................................................................... ............................... 17 SECTION 13 - STORAGE OF EQUIPMENT AND MATERIAL ....................................... ............................... 17 SECTION 14 - RULES, REGULATIONS AND LAWS ......................................................... ............................... 17 SECTION 15 - ENVIRONMENTAL LAWS .......................................................................... ............................... 18 SECTION16 - FAA PROVISIONS ......................................................................................... ............................... 22 SECTION 17 - DESTRUCTION OF IMPROVEMENTS ..................................................... ............................... 24 SECTION - MONTHLY REPORTS .................................................................................. ............................... 24 SECTION19 - INSPECTION .................................................................................................. ............................... 25 SECTION 20 - NON - EXCLUSIVE RIGHT ............................................................................ ............................... 25 SECTION 21 - USE OF PUBLIC AIRPORT FACILITIES .................................................. ............................... 25 SECTION 22 - LEASE SUBORDINATE TO AGREEMENTS WITH U. S. A ..................... ............................... 25 SECTION 23 - ASSIGNMENT- SUBLETTING ..................................................................... ............................... 26 SECTION24 - COMMISSIONS .............................................................................................. ............................... 30 i SECTION 25 - DEFAULTS AND REMEDIES ...................................................................... ............................... 30 SECTION26 - SIGNAGE ......................................................................................................... ............................... 33 SECTION27 - UNLAWFUL USE ........................................................................................... ............................... 33 SECTION28 - ABANDONMENT ........................................................................................... ............................... 33 SECTION 29 - TERMINATION BY TENANT ...................................................................... ............................... 34 SECTION 30 - TERMINATION BY LANDLORD ................................................................ ............................... 34 SECTION 31 - RESERVATIONS TO LANDLORD .............................................................. ............................... 35 SECTION 32 - SURRENDER OF POSSESSION, CONDITION OF PREMISES ............. ............................... 36 SECTION33 - MISCELLANEOUS ........................................................................................ ............................... 36 SECTION 34 - NON WAIVER OF REMEDIES .................................................................... ............................... 39 SECTION 35 - REPRESENTATIONS AND AMENDMENTS TO BE IN WRITING ....... ............................... 40 SECTION 36 - NO BINDING CONTRACT UNTIL EXECUTION; LANDLORD TO EXECUTE ................ 40 SECTION37 - CONDEMNATION ......................................................................................... ............................... 40 • SECTION 38 - NOTICES ......................................................................................................... ............................... 41 • ii 4 1 TOWN TOWN COUNCIL OF MEETING MARANA INFORMATION DATE: June 3, 2003 AGENDA ITEM: IX. B. 5 TO: Mayor and Council FROM: Dick Gear, Community and Economic Development Director SUBJECT: Discussion/Direction: Request for Council approval of a Memorandum of Understanding. DISCUSSION: This Memorandum of Understanding between the Town and Gary Abrams will achieve two objectives; it will eliminate some of the concerns that the airport has possibly violated some FAA regulations, and it will provide the FAA with the necessary information for the Town to secure a grant for purchasing 46 acres of State Trust Land. Several areas of concern have been present at the Marana Northwest Regional Airport since the Town's assuming sponsorship of this airport. These concerns are that the airport land is currently leased at below market rates, and that the possibilities of too much of the airport land is leased to a single concern (Abrams Aeroservice, Inc.) leading to the conclusion that an exclusive rights/land banking condition may exist at the airport. The purpose of the MOU is to eliminate both of these concerns. A land swap is proposed in which the Town will trade approximately 2 5 acres it owns in the southeast portion of the airport for the return of approximately 65 acres of leased land along the western portion of the airport. In addition, Abrams will be leased approximately 28 acres of the 65 acres for immediate development. To solve the lease rate problem, this MOU includes an agreement that all leases will be brought up to market immediately. The market rate will be at least $.06 /square foot for all leased airport land. Currently all leases are less than one -third this amount. Finally, the MOU acknowledges that both parties will work diligently to develop the airport as expediently as possible to the benefit of both. RECOMMENDATION: Staff recommends that Council approve the Memorandum of Understanding. SUGGESTED MOTIONS: I move that Council accept this Memorandum of Understanding. ADMIN/SRG/05/27/2003 Memorandum of Understanding between the Town of Marana and Gary Abrams Related to Marana Northwest Regional Airport THIS MEMORANDUM OF UNDERSTANDING, BY AND BETWEEN THE TOWN OF MARANA AND GARY ABRAMS RELATED TO THE MARANA NORTHWEST REGIONAL AIRPORT ENTERED INTO THIS 13` DAY OF MAY 2003. RECITALS The Town of Marana ( "Town ") and Pima Aviation, Inc. ( "Abrams ") desire to continue development of the Marana Northwest Regional Airport ( "Airport ") in a manner which provides opportunities that are beneficial to both the Town and Abrams; and The Town and Abrams agree to the following changes which will resolve most, if not all, real and /or perceived issues related to defining public facilities and private leasehold interests, land banking, exclusivity, inequitable rates and charges, and standardization of leasing language. Therefore-in recognition of the above: UNDERSTANDING The Town and Abrams desire to work cooperatively to revise existing leaseholds to reflect a better definition between public facilities and private leasehold interests; and The Town has developed a draft new lease agreement ( "New Lease ") (Exhibit A) which will. subject to Town Council approval, be used as an example for all leased premises at the Airport, and the Town desires to update the existing leases between the Town and Abrams with the New Lease such that the existing leases between the Town and Abrams become similar in format and terms to all future New Leases at the Airport: such New Lease having been developed to be in conformance with all current Arizona Department of Transportation ( "ADOT ") and Federal Aviation Administration ( "FAA ") requirements; and The Town has submitted a grant application to the FAA for the purchase of additional land that will be purchased from the State of Arizona and is necessary to provide ingress /egress to the Southeast Parcel (Exhibit B) from Avra Valley Road. This land is considered essential to the safe development of the Southeast Parcel. FAA funding is contingent on acceptable Airport Minimum Standards (Exhibit F) and this Memorandum of Understanding with Abrams that requires undeveloped leased lands to be released back to the Town for future development; and The Town will revise and resubmit its State Land Application to apply only to the land considered essential for development of the Southeast Parcel; and The Town has substantially prepared and will, following Council approval, issue a Request for Proposals ( "RFP ") to lease the north 25 acres of the Southeast Parcel (Exhibit B). This RFP process will be deemed successful once the winning Proposer has entered into a Town Council approved New Lease with the minimum lease rental rate (subject to Council review and approval) being established at fair market value, but no less than $.06 per square foot and a negotiated schedule of development, construction, and use of premises. Abrams agrees not to participate in the RFP bidding for this specific acreage. The Abrams wish to lease and develop 25 acres of the south portion of the Southeast Parcel (Exhibit B, South Portion). This parcel will be leased to the Abrams with the New Lease in exchange for the voluntary relinquishment by Abrams of an existing 65.9 acre lease of Airport land (Exhibit C, Parcel 1, Parcel 2 and Parcel 3) that is currently undeveloped at the Airport; and In addition to the voluntary relinquishment of the 65.9 acre lease by Abrams to the Town, the Abrams' three remaining leases (Exhibit D, Parcel 5, T- Hangar Parcel and FBO Parcel) will be updated to conform completely with all terms of the New Lease format. These three leaseholds will be reevaluated in terms of their square footage and the Town and Abrams will work diligently together to agree on the size and shape of each leasehold to which rental rates will be charged. Town and Abrams agree that rental rates will be charged at fair market value, but no less than $0.06 cents per square foot. The Town agrees that the three New Leases (Exhibit D, P -5, T- Hangar and FBO Parcels) will have the same Term of Lease (length of leases and renewals) as is recorded currently for each of the existing three leases; and The Town agrees to lease to the Abrams Parcel 1 and Parcel 3 as shown on Exhibit E. Town and Abrams agree that rental rates will be charged at fair market value, but no less than 50.06 cents per square foot. These New Leases are to be developed on a construction timetable agreeable to the Town and Abrams. To This End: The Town and Abrams have determined that approval of this Memorandum of Understanding is in the best interest of the Town. its residents and Abrams: and The Town of Marana and Abrams agree to work diligently to effectuate the terms of this Memorandum of Understanding to satisfy the short and long -term goals of both the Town and Abrams. IN WITNESS WHEREOF, the Abrams and the Town have affixed their signatures on the dates below: Gary Abrams Dated: s �C)7�3 •: TOWN OF MARANA: i Michae A. Reuwsaa , Assistant Town Manager Dated: — (� •