Loading...
HomeMy WebLinkAboutCouncil Agenda Packet (Full) 07/15/2003 r TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road July 15, 2003 - 7:00 p.m. Mayor Bobby Sutton, Jr. Vice Mayor Herb Kai Council Member Jim Blake Council Member Patti Comerford Council Member Tim Escobedo Council Member Ed Honea Council Member Carol McGorray Town Manager Mike Hein Assistant Town Manager Mike Reuwsaat Welcome to this Marana Council Meeting. Regular Council. Meetings are usually held the first and third Tuesday of each month at 7:00 p.m. at the Marana Town Hall, although the date or time may change, or Special Meetings may be called at other times and/or places. Contact Town Hall or watch for posted agendas for other meetings. This agenda may be revised up to twenty -four hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. If you are interested in speaking to the Council during Petitions and Comments, Public Hearings, or other agenda items, you must fill out a speaker card (at the rear of the Council Chambers) and deliver it to the Clerk in advance of the agenda item you wish to address. It is up to the Mayor and Council whether individuals will be allowed to address the Council on issues other than Announcements, Petitions & Comments, and Public Hearings. All persons attending the Council Meeting, whether speaking to the Council or not, are expected to observe the Council Rules, as well as the rules of politeness, propriety, decorum and good conduct. Any person interfering with the meeting in any way, or acting rudely or loudly will be removed from the meeting and will not be allowed to return. To better serve the citizens of Marana and others attending our meetings, the Council `. Chamber is wheelchair and handicapped accessible. Any person who, by reason of any disability, is in need of special services as a result of their disability, such as assistive listening devices, agenda materials printed in Braille or large print, a signer for the hearing impaired, etc., will be accommodated. Such special services are available upon prior request, at least ten (10) working days prior to the Council Meeting. For a copy of this agenda or questions about the Council Meetings, special services, or procedures, please contact Jocelyn C. Bronson, Town Clerk, at 682 -3401, Monday through Friday from 8 :00 a.m. to 5 :00 pm. ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA. Amended agenda items appear in italics. Posted by July 11, 2003 by 7 :00 o'clock p.m., at the Marana Town. Hall, Marana Police Department, Marana Development Services Center. ❑ — 1 TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road July 15, 2003 - 7:00 p.m. I. CALL TO ORDER H. PLEDGE OF ALLEGIANCE 111 INVOCATIONIMOMENT OF SILENCE_ IV. ROLL CALL V. APPROVAL OF AGENDA VI. ACCEPTANCE OF MINUTES Minutes of the July 1, 2003 Council Meeting Minutes of Study Session of July 1, 2003 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 -79 — Renaming Trico- Marana Road (Jim DeGrood) 2. Resolution No. 2003 -70 — Releasing the Assurance Agreement for Silverbell Place, Trust No. 7886 -T, for Lots 1 -153 and Common Areas A -B, and Acceptance of Public Improvements for Maintenance (Farhad Moghimi) 3. Resolution No. 2003 -83 Continental Reserve Blocks 16 and 17 Lot Split. Request to split Blocks 16 and 17 on the Continental Reserve Final Block Plat into Blocks 16A, 16B, and 16C, and Blocks 17A,17B,17C, and 17D. Blocks 16A and B, and _ 2 TOWN OF MARANA, ARIZONA COUNCIL MEETING AGENDA 13251 N. Lon Adams Road July 15, 2003 - 7:00 p.m Blocks 17A and B are developable parcels. Blocks 16C, 17C and 17D are conservation areas (Joel Shapiro) 4. Resolution No. 2003 -81 A request for the appointment of five members to the Cultural Resources Preservation Board, as established by Ordinance No. 2003.05, ratified by Mayor and Council on April 15, 2003 (Joel Shapiro) B. COUNCIL ACTION 1. Discussion/Direction Appointment of Michael A. Reuwsaat as Town Manager (Jane Howell) 2. Administering Loyalty Oaths to appointments on. the Town of Marana Planning & Zoning Commission (Jocelyn Bronson) 3. Ordinance No. 2003.18 Request for waiver of rezoning condition #4 regarding building envelopes on the southwest corner of Flying Diamond and Camino de Oeste. The original conditions of rezoning are contained in Ordinance No. 2003.02 (Joel Shapiro) 4. PUBLIC HEARING: Ordinance No. 2003.16 and Resolution No. 78: An • amendment to the Marana Land Development Code, amending Title 3 DEFINITIONS by adding and modifying various definitions pertaining to animals and animal keeping; Title 5 — ZONING, dealing with the various permitted, prohibited and conditional uses related to animals and animal keeping; and Title 8 — BUILDING CODE, to be renamed GENERAL DEVELOPMENT REGULATIONS, dealing with requirements associated with animal keeping and other related technical inconsistencies specific to Title 8 (Joel Shapiro) 5. Discussion/Direction Conservation Planning Process Update (Leslie Liberti) 6. Discussion/Direction: Update on the progress of the Marana Municipal Complex (Jim DeGrood) C. MAYOR AND COUNCIL'S REPORT D. MANAGERS' REPORT X. UPCOMING EVENTS XI. FUTURE AGENDA ITEMS X11. ADJOURNMENT • Bobby Sutton, Jr., Mayor _ 3 i M • PLACE AND DATE Marana Town Hall, July 1, 2003 I. CALL TO ORDER Mayor Sutton began the meeting at 5:35 p.m. The study session was conducted informally and no roll call was taken. Council Members _EscobedQ and McGorray were excused but both Council members arrived at 5:50 p.m. II. GENERAL ORDER OF BUSINESS A. COUNCIL ACTION 1. General discussion regarding Community Facilities Districts (CFDs) (Roy Cuaron) Roy Cuaron spoke before the Council regarding this item. He introduced Mark Reader, financial counselor, and Michael Cafiso, bond counselor, who were both on hand to answer questions regarding community facilities districts (CFDs). Mr. Cuaron distributed a CFD informational sheet which has been made a permanent part of this record. He explained the history of the State's legislation which provides jurisdictions and property owners a financing mechanism to construct public facilities and infrastructure through the issuance of tax- exempt bonds. He outlined the formation requirements and governance policies and gave a brief outline of how the formal creation and operation process worked. He noted that the most common forms of CFD debt instruments were general obligation bonds and assessment bonds. Mr. Cuaron informed the Council that the three CFDs currently residing within the Town were all operating under assessment bonds. He recommended the exclusive use of general obligation (GO) bonds for any future CFD financing because GO bonds afforded more flexibility and served as a tool for future Councils to finance necessary district infrastructure. Council Member Honea inquired about maximum debt ratios allowed in relation to property values. Mr. Cuaron replied that the Town had previously set up a 3 -to -1 ratio structure but that no statutory requirement existed regulating this aspect of the CFD financing. Council Member Honea asked if the debt ratio could rise above the value of the property. Mr. Cuaron replied that, with any CFD coming forward using a combination of GO and assessment bonds, the Town would be looking at the total tax burden on the property in relation to the value of the property. He explained that certain CFD mechanisms called stand -by _ 1 contribution agreements and payment agreements provided for the developer to put monies up front when the bonds were issued. He added that the Town set those assessment figures at whatever number they felt comfortable with which was why the developer's financial capacity was being examined as well. He commented that the impact of that assessment in relation to the total value of the property was going to be examined closely with any new CFD having both GO and assessment bonds. Council Member Honea said that the biggest problem he had with GO bonds was that they went on for perpetuity and that this was nothing but a property tax in disguise. He was adamant in voicing his concerns with even forming CFDs and said that he believed they were possibly harmful to the community. He stated that the situation created by allowing GO bonds on properties without a definite payoff date would be that neighboring communities would have vastly different costs scenarios for maintaining their roadways and public improvements. He said that some communities would have a homeowners' association to maintain private issues while other communities would be paying property tax forever to maintain their streets and public infrastructures. He expressed his preference for the assessment bond financing structure where the CFD is dissolved when the developer sells the property and the debt is paid. Vice Mayor Kai agreed with Council Member Honea that the assessment bonds were the safest from the Town's perspective in terms of liability. Mr. Hein maintained that there was no difference in the risk level of either financing mechanism. He explained that a general obligation bond ramped up based on the property's assessed value. He said that the debt level was not infinite but based on the contribution agreements and on the assessed value and rates established at the time of the CFD creation. He pointed out that GO bond financing was a tool designed for the building of the infrastructure and not for infrastructure maintenance. He noted that the methodology the Town staff was recommending for structuring the GO bonds afforded future generations and Councils the opportunity to use excess capacity or future authorization based on the initial developer agreements and the election that took place with the property owners. He added that this was a way for master developers to finance public infrastructure, to do master planned communities with basically less expensive money than a bank note or their own internal rate of return financing because it was public infrastructure and would be eventually owned by the public. 2 ? 3, Mayor Sutton inquired about certain scenarios involving CFDs such as that of Continental Ranch residents paying for the construction of the future Linda Vista /I -10 interchange. Mr. Hein replied that this scenario was a policy decision. He said that staff would never recommend that the Council, as the CFD Board, vote to increase the million levy or the tax rate of a CFD. He pointed out that there would be full disclosure and residents would be aware of - what they were responsible for in terms of paying for the infrastructure. Mayor Sutton commented that a community facilities district was a type of self- imposed property tax. Mr. Cuaron said that the Council could consider any CFD but that GO bonds were considered the most flexible. He commented that the financial stability of the developers would be investigated and that stand -by contribution agreements would be made. He said that there was a variety of variables involved in the CFD process. Mayor Sutton reiterated that this process was self - imposed and that the property owner wanted it. He said that the tax payer is made aware that the tax cannot be increased and the CFD funds have to be spent within the district or to directly benefit the district. Mr. Cuaron pointed that the tax rate could increase at the discretion of the CFD Board and that the tax rate was set annually at budget adoption. Mr. Hein said again that those were policy decisions and what staff was recommending was a more steady even kind of approach. He said that the private market was also a factor as the bonds needed to be saleable. He mentioned that the developer would sell to a builder and the builder needed to understand the terms of the CFD bonds and be able to sell that to the homeowners. He emphasized that the market played an important element in all of these districts. Council Member Escobedo asked about the GO bonding process and if it required voter approval from that district. He also asked where in the process the Council would come into play. 3 d b ?y Benno • Michael Cafiso spoke briefly before the Council regarding regulations and policies associated with CFD financing. He said that the Arizona Community Facilities District Act, A.R.S. 48 -701, authorized a CFD to borrow money in order to build or acquire public infrastructure outside of its boundaries as long as the infrastructure was located on land owned by another political subdivision and would provide some benefit to the district. He explained that it was common to see roadways built in this manner if the road benefited the residents within the district's boundaries. He said that setting the tax rate of the CFD was a policy decision and was made very carefully by the Board so as not to burden the property owners and initial residential homeowners with higher taxes than expected. There was no further discussion at this time. III. ADJOURNMENT Mayor Sutton adjourned the study session. The time was 6:35 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council study session held on July 1, 2003. I further certify that a quorum was present. Jocelyn Bronson, Town Clerk - 4 t a7- PLACE AND DATE Marana Town Hall, July 1, 2003 I. CALL TO ORDER By Mayor Sutton at 7:05 p.m. II. PLEDGE OF ALLEGIANCE Led by Mayor Sutton III. INVOCATION/MOMENT OF SILENCE A moment of silence was observed. IV. ROLL CALL COUNCIL Bobby Sutton, Jr. Mayor Present Herb Kai Vice Mayor Present Jim Blake Council Member Present Patti Comerford Council Member Present Tim Escobedo Council Member Present Ed Honea Council Member Present Carol McGorray Council Member Present STAFF 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 Roy Cuaron Finance Director Present Ron Smith Parks & Recreation Director Present Randy Robbins Recreation Superintendent Present Jaret Barr Assistant to the Town Manager Present Attached is a list of public attendees. V. APPROVAL OF AGENDA Upon motion by Council Member Escobedo, seconded by Council Member Blake, the agenda was unanimously approved. - 1 3. VI. ACCEPTANCE OF MINUTES Upon motion by Council Member Comerford, seconded by Council Member Honea, the minutes of the June 17, 2003 regular Council meeting were unanimously approved. VII. CALL TO THE PUBLICIANNOUNCEMENTS Council Member Escobedo reminded everyone of the upcoming Fourth of July celebration. He noted that the Chamber of Commerce would be holding a raffle for a 2003 Nissan Frontier. The tickets were $10 each with a 2nd prize of $2,000 and a 3rd prize of $1,000. He urged everyone to buy a raffle ticket to help out the Chamber. Floyd Brown, a 1964 Marana High School graduate and CPA, spoke before the Council regarding a Pima County Parks and Recreation department program, Arizona Youth Services, aimed at reaching youth at risk. The program begins on August 1, 2003 and information will be forwarded to the Town for enrollment • purposes. Mayor Sutton announced that the Town of Marana had received an award from the U.S. Department of Interior's National Park Service in recognition of its achievements related to the Central Arizona Project Trail. A plaque was presented to the Town on which the trail was officially designated as a national recreation trail within the national trail system. Mayor Sutton called Sue Flayer and Robert Condit, outgoing Planning and Zoning Commissioners, to the podium and presented each with a handmade stained -glass window hanging to commemorate their outstanding community service. Ms. Flayer will be moving out of the Marana area and Mr. Condit plans to retire. VIII. STAFF REPORTS There were no questions regarding the staff reports. _ 2 IX. GENERAL ORDER OF BUSINESS A. CONSENT AGENDA 1. Resolution No. 2003 -69 Releasing the Assurance Agreement for Hartman Vistas, Trust No. 4981, for Lots 1- 353, - Blocks I and II, and common Areas A -D, and Acceptance of Public Improvements for Maintenance (Farhad Moghimi) 2. Resolution No. 2003 -71 Appointment to the Public Arts Committee (Farhad Moghimi) 3. Resolution No. 2003 -74 Kohl's Retail Center Final Plat: Request for Approval of a Final Plat to allow for the re- subdivision of Block 1 of the Continental Ranch Retail Center commercial subdivision into Five Lots on 13.49 acres within the Continental Ranch Specific Plan, south of Cortaro Road, east of Arizona Pavilions and west of I -10 in Section 26, Township 12 South, Range 12 East (Joel Shapiro) . 4. Resolution No. 2003 -76 and Ordinance No. 2003 -13 Amending and updating Chapter Three of the Town Code, relating to Article 1, Officers, Department Heads and Employees, and Article 2, Officers and Other Positions (Jane Howell) 5. Resolution No. 2003 -72 and Ordinance No. 2003.12 Adoption of 2003 Marana Outdoor Lighting Code (Jack Holden) 6. Resolution No.'2003 -63 Dos Lagos at Dove Mountain Final Plat: Request to approve a 91 -lot Single - family residential subdivision on 76.82 acres, within the Dove Mountain Specific Plan, located south of Dove Mountain Boulevard, in a portion of Section 23, Township 11 South, Range 12 East (Joel Shapiro) Upon motion by Council Member Escobedo, seconded by Council Member McGorray, the consent agenda was unanimously approved. _ 3 B. COUNCIL ACTION 1. Resolution No. 2003 -73 Appointment of the Vice Mayor (Jocelyn Bronson) Ms. Bronson spoke before Council. regarding the_ Code regulations related to the office of Vice Mayor. Upon motion by Council Member Blake, seconded by Council Member Honea, Resolution No. 2003 -73 was unanimously approved. 2. Resolution No. 2003 -77 - Appointments to the Town of Marana Planning & Zoning Commission (Jocelyn Bronson) Mayor Sutton reported that four qualified candidates. had applied for the two vacant seats on the Planning and Zoning Commission. He added that two commissioners, Russell Clanagan and Billy Schisler, were up for re- appointment. Upon motion by Council Member McGorray, seconded by Vice Mayor Kai, Tom Hestwood was for appointment to the Planning and Zoning Commission and Russell Clanagan and Billy Schisler were approved for re- appointment to the commission. The vote was 6/1 with Council Member Escobedo voting nay. Upon motion by Council Member Comerford, seconded by Council Member Blake, Richard Purcella was unanimously approved for appointment to the Planning and Zoning Commission. All of the commissioners' terms will end in June, 2007. 3. PUBLIC HEARING - Resolution No. 2003 -75 Adoption of the Fiscal 2003 -2004 Final Budget (Roy Cuaron) Upon motion by Council Member Honea, seconded by Council Member Escobedo, the meeting was called into public hearing. Billy Schisler, former Mayor and current Planning & Zoning Commissioner, spoke before the Council regarding this item. He commented on the exemplary job the Town staff has done in regard to the financial planning for the Town. He remarked that the Town had come a long way from the days when there wasn't enough money to pay the bills. 4 s , Upon motion by Council Member Escobedo, seconded by Council Member Honea, the public hearing was unanimously closed. Mayor Sutton acknowledged the favorable financial position of the Town in terms of fiscal solvency. He said that everyone worked hard to put this year's budget together and to remain fiscally responsible as well. He said that the CIP budget was following the vision of the Council. Upon motion by Council Member Honea, seconded by Council Member Blake, Resolution No. 2003 -75 adopting the Fiscal 2003 -2004 Final Budget at $77,185,503 was unanimously approved. 4. Resolution No. 2003 -66: Gladden Block 11 Preliminary Plat Request by Sivage Thomas Homes for preliminary plat approval of a 1414ot single family detached home sedition on approximately 30 acres of R -6 zoned land within Block 11 of the Gladden Farms development. Along with this preliminary plat is a request to increase the allowable height under Section 05.10.12.G.5.b of the Town of Marana Land Development Code. Block 11 is located directly south of the new Gladden farms Drive and west of the new Lon Adams Road, within Section 34, Township 11 South, Range 11 East (Joel Shapiro) Jim DeGrood presented this item to Council. He said that there were eight conditions associated with this request. The conditions were in relation to maximum structure heights, minimum building separation, staggered setbacks, varying color schemes, fencing and landscaping issues, Land , Development Code compliance, and restrictions on placement and the number of two -story homes. Upon motion by Council Member Escobedo, seconded by Vice Mayor Kai, Resolution No. 2003 -66 was unanimously approved. 5. Resolution No. 2003 -67 Gladden Block 12 Preliminary Plat Request by Sivage Thomas Homes for preliminary plat approval of a 104 -lot single family detached home subdivision on approximately 29 acres of R -7 zoned land within Block 12 of the Gladden Farms development. Along with this preliminary plat is a request to increase the allowable height under Section 05.10.12.G.5.b of the Town of Marana Land Development Code. Block 12 is located approximately 1.100 feet south of Moore Road on the east side of the new Lon Adams Road, within Section 34, Township 11 South, Range 11 East (Joel Shapiro) 5 Mr. DeGrood spoke to the Council about the item. He explained that the recommended conditions were identical to the previous item. Upon motion by Council Member Honea, seconded by Vice Mayor Kai, Resolution No. 2003 -67 was unanimously approved. Council Member Honea commented that the imposed conditions for Sivage Thomas Homes needed to be incorporated into the Town's ordinances. He said that he hoped staff would be directed to make these necessary conditions permanent. 6. Ordinance . No. 2003.14 - Saguaro Ranch North Annexation Consideration and approval of an annexation comprising approximately 461 acres of land on the east side of the Tortolita Mountains and north of Tangerine Road. The annexation incorporates several parcels that will serve to host a large lot development. This annexation area incorporates portions of Sections 17 and 20 in T 11 S, R 13 E, Gila and Salt River Meridian, Pima County, Arizona (Dick Gear) Jaret Barr presented this item and the following item to Council. He spoke briefly about the two proposed annexations and said that all State mandated requirements had been met. Tracy Chamberlain, Pima County resident living within the annexation area, spoke before the Council. She said that she believed that most of her concerns had been addressed except for the close proximity to her home' of one particular casita being planned within the Saguaro Ranch development. She said that she was She thanked the Town staff as well as the Saguaro Ranch staff for being accessible and working with the area residents in addressing their concerns and issues. Mayor Sutton commented that Mr. Barr had made the Council aware of her specific concerns and that he felt comfortable as well that things were moving forward smoothly. Tim Blowers, Pima County resident living within the annexation area, voiced his approval of the annexations. He said that he believed that the Town staff would be easier to work with than Pima County and that the Town of Marana had more opportunity to investigate the situation thoroughly. He pointed out that the tentative plat, currently in process with Pima County, was far from completed. 6 Mr. Blowers said that if the annexations were approved then he hoped that the Town would "disapprove" the proposed plat. He inquired about the Tortolita Mountain Park entrance and said that the access was not good. He asked the Council to consider making the park entrance ADA accessible. He stated that he was looking forward to working with the Town. Upon motion by Council Member Honea, seconded by Council Member Blake, Ordinance no. 2003.14 was unanimously approved. 7. Ordinance No. 2003.15 - Saguaro Ranch South Annexation Consideration and approval of an annexation comprising approximately 131 acres of land on the east side of the Tortolita Mountains and north of Tangerine Road. The annexation incorporates several parcels that will serve to host a large lot development. This annexation area incorporates portions of Sections 20 and 29 in T 11 S, R 13 E, Gila and Salt River Meridian, Pima County, Arizona (Dick Gear) There was no further discussion at this time. Upon motion by Council Member McGorray, seconded by Council Member Escobedo, Ordinance 2003.15 was unanimously approved. 8. Executive Session Pursuant to A.R.S. Section 38- 431.03 (A)(1), ? discussion or consideration of employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee or employee of Marana (Mayor Sutton) Upon motion by Council Member Comerford, seconded by Council Member Honea, the meeting went into executive session. The time was 7:38 p.m. At 8:05 p.m. Mayor Sutton reconvened the meeting with all Council members present and seated on the dais. C. MAYOR AND COUNCIL'S REPORT Council Member Escobedo reported about his attendance at the National Association of Latino Elected Officials (NALEO) recently held in Phoenix. Mr. Escobedo sat on the host committee and enjoyed listening to the Democratic Presidential candidates' debate during one of the event's key presentations. 7 son D. MANAGERS' REPORT There were no reports given at this time. X. UPCOMING EVENTS 7 . Council Member Escobedo reminded everyone about the upcoming Fourth of July celebration. He listed several of the day's offerings which included live music, food vendors, family- oriented games and plenty of craft booths. He also said there would be a spectacular fireworks presentation at 9:00 p.m. XI. FUTURE AGENDA ITEMS Mayor Sutton asked that Council Member Honea's suggestion to update the Marana Land Development Code to reflect subdivision standards similar to the conditions imposed for the recently approved Gladden Farms development. XII. ADJOURNMENT Upon motion by Council Member Blake, seconded by Council Member McGorray, approval to adjourn was unanimous. The time was 8:10 p.m. CERTIFICATION I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council meeting held on July 1, 2003. I further certify that a quorum was present. Jocelyn Bronson, Town Clerk _ 8 t pWN OF 1 7 9 7 gRIZONP STAFF REPORTS TO COUNCIL � N/ Building Parks & Rec Town Clerk Planning Court Police Finance - v/ PW /Engineering Human Resources Water 1 w • BUILDING OFFICIAL'S REPORT June; 2003 Administration/Permitting: • Staff reviewed and permitted 99 new single family residences in June. • Staff reviewed and issued 288 building permits in June (including single family residences). • Staff completed 1568 inspection stops in June. The average stops per day was 75. • The permit fees and valuation data are contained in the "Summary of Construction Activity " report (enc.). The month of June represents a return to a more normal number of homes for any month. We have averaged 111 homes per month for 2003. Commercial activity was up with 5 new or remodeled businesses and 2 new industrial uses. The valuation of the impact fees was $177,935.35. Building Official: We have had some problems with giving final Certificates of Occupancy to commercial • properties recently. The problems were not from the buildings themselves but rather the failure of the developer to get the site work done and have the Engineering Department inspect and get final approvals. To help resolve this issue we have begun to utilize the CRW permits program to have engineering inspections done in the same manner as building inspections. With this in place the inspections for site improvements, whether performed by Tetra Tech or the engineering department, will be timely and logged into the permit system. This will be just another utilization of this permitting system that has the capacity to integrate all the departments in DSC. Cruz Shott is the CRW Administrator and she will continue to help the other departments develop their programs using CRW as the platform. • i \\DEVSERVER \bldgdata\Jack Holden\Finances\Building Official Report\0306.doc111 TOWN OF MARANA SUMMARY OF CONSTRUCTION ACTIVITY June -03 Permits Issued Permit Tye # of Permits Permit Fees Valuations New Single Family Residential (SFR) 99 $413,165.53 $14,191,425.40 Remodel /Addition SFR 11 $2,349.50 $61,968.21 Manufactured House 1 $120.00 $10,900.00 New Multi Family Residential (MFR) 0 $0.00 $0.00 Remodel /Addition MFR 0 $0.00 $0.00 New Retail Commercial (RC) 3 $9,170.14 $1,365,754.50 Remodel /Addition RC 2 $579.15 $21,500.00 New Industrial Commercial (IC) 2 $45.00 $7,349.00 Remodel /Addition IC 0 $0.00 $0.00 Walls 39 $2,808.91 $61,421.20 Swimming Pools/Spas 23 $6,432.79 $172,359.20 Signs 12 $3,020.68 $47,262.00 Certificates of Occupancy 3 $135.00 $0.00 Temporary Construction Trailers 3 $359.25 $5,387.00 Temporary Tents 0 $0.00 $0.00 Revisions 47 $2,007.41 $0.00 Model Plan Review Only 7 $4,748.80 $0.00 Planning /Engineering 26 $14,455.60 $224,762.11 Miscellaneous 10 $240.00 $0.00 Totals 288 $459,637.76 $16,170,088.62 _j Total number of Inspections = 1568 AVERAGE DAILY - 75 STOPS Totai number of lots for Linear Park Fees = 23 - Total Collected $10,625.00 Total number of Water Meters Issued = 49 -Total Collected $48,300.00 Total number of Impact Fees Issued = 71 -Total Collected $171,935.35 Status of Current Commercial Projects Project Name % Complete Project Name % Complete Anchor Plumbing (mew s g) 30 Dove Mountain Self Storage 85 Park/ Maintenance Bldg 90 Walgreens / Ina 80 Kohl's Dept Store 70 NAC 60 Marana Town Hall 0 Ace Hardware 0 • BUILDING OFFICIAL'S REPORT June, 2003 Administration /Permitting: • Staff reviewed and permitted 99 new single family residences in June. • Staff reviewed and issued 288 building permits in June (including single family residences). • Staff completed 1568 inspection stops in June. The average stops per day was 75. • The permit fees and valuation data are contained in the "Summary of Construction Activity " report (enc.). The month of June represents a return to a more normal number of homes for any month. We have averaged 111 homes per month for 2003. Commercial activity was up with 5 new or remodeled businesses and 2 new industrial uses. The valuation of the impact fees was $177,935.35. Building Official: We have had some problems with giving final Certificates of Occupancy to commercial • properties recently. The problems were not from the buildings themselves but rather the failure of the developer to get the site work done and have the Engineering Department inspect and get final approvals. To help resolve this issue we have begun to utilize the CRW permits program to have engineering inspections done in the same manner as building inspections. With this in place the inspections for site improvements, whether performed by Tetra Tech or the engineering department, will be timely and logged into the permit system. This will be just another utilization of this permitting system that has the capacity to integrate all the departments in DSC. Cruz Shoff is the CRW Administrator and she will continue to help the other departments develop their programs using CRW as the platform. i \\DEVSERVER \bldgdataVack Holden\Finances\Building Official Report \0306.docl 11 R JKJN Pqw qp LI """a WO \ 'a 'K" F „ July 2003 Capital Improvement Projects » (Sta Report for the month of June) The following are capital improvement projects in design. Silverbell Road Improvements Ina Road Improvements `' Capital Improvement I -4 Cortaro Road to Ina Road 1 -10 to Silverbell Road Projects in Design This project consists of reconstructing the This project consists of roadway improve Capital improvement 5 8 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 providing for a continuous center turn lane, tion to widen to four lanes with multiuse } Recently Competed 6 ry y lanes, median island Pr °lects sanity sewer s construction and curb, curb and 4 intersection improvements at Ina/Silverbell, gutter and sidewalk installation, drainage Traffic Division Report 7 which includes a new traffic signal system. improvements, landscaping, signal ? Public Works Arts g modifications, artwork and street lighting proms Co 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 y yg y to the Army Corps of Engineers (ACOE) vey has been completed. The DCR has f PUBLIC WORKS; been reviewed and returned to the ' and review is ongoing. First year of Pygmy MISSION AND VALUES consultant with the final DCR expected in Owl Survey has been completed. The 90% Jul 2003. The Traffic Imp Analysis, improvement plans have been reviewed, y y The Marana Public Works however comments are pending receipt of Phase I Environmental Site Assessment, F Department is committed to the sanitary sewer plans and traffic signal Archaeology, the amended Bridge Ins a providing quality service by plans. ACOE is still in the process of lion, Bridge Stability Analysis, Grade Con consistently delivering and reviewing the plan as submitted by Old trot Stability Analysis, Bridge Selection maintaining reliable, safe Pueblo. The Town is in receipt of the final and Location Reports are completed and p have been accepted; NPPO Plan has Public facilities with a sanitary sewer basin study; it is under been accepted and Draft Access Manage - =: productive, respectful and review by the Town and PCWWM staff, ment Report is on hold at this point in ethical workforce. " The Town is waiting for comments from time. Access Management acceptance Our operating values are PCWWM relative to the sanitary sewer hers have been received by the consult- . Satisfacction Basin study. ant from the abutting property owners. Respectful 50% improvement plans have been „ a N reviewed by Town staff', comments have ' Communication 4 >x been transmitted to the consultant. The . Reliable Town is in receipt of the final drainage e report and comments have been transmit- Productive s ted to the consultant. 75% improvement i • Quality plan submittal is due the first week of July f • Ethical 2003. . Consistency • Service i Safety � : � .. ° " ,_ �.. arm.= • � Silverbell Road — Cortaro to Ina Integrity • Commitment 4 5' 19 ?auw554d.= ,&,.#kS: r �. July 2003 •Capital Improvement Projects in Design (continued) Tannerine 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 I; final repaving of portions of Tangerine Road. design for TI, grade separated railroad structure and con- Estimated construction time: Fall 2003 nection to the roadway system to the east, Phase II. Status: Environmental clearances and the various per- Estimated Construction Time: 2006 mitting requirements are being addressed through Status: The notice to proceed authorization date was June Westland Resources. First year of Pygmy Owl Surrey 1, 2003. The first general team meeting and the site visit has been completed. A biological assessment has been has been completed. Staff has met with environmental completed and forwarded to EPA for consultation. A 404 project manager to discuss the logistics of the process. permit application has been completed. The Town has decided to pursue a maintenance oriented program for the road and has requested Tetra Tech to generate con- District Park Bank Protection struction plans by the end of June so that the project can This project consists of providing bank protection along the be advertised for bids in July 2003. west bank of the Santa Cruz River from Ina Road to Cortaro Road. Status: Tetra Tech is the design engineer. 90% plans were submitted to the Town on April 11, 2003. An individual Tangerine RoadfThornvdale Road intersection 404 permit application has been submitted to the Army Improvements Corps of Engineers. This area has now been designated as This project consists of design and construction for critical habitat. Construction is anticipated to begin in fiscal intersection improvements. year 2005. Estimated construction time: Winter 2003 Status: Tetra Tech has completed and resubmitted the plans to incorporate the design changes for the signalize- tion. Pygmy Owl Survey and 404 permit process were initiated in September 2001. The biological assessment for this project has been combined with the report for the Breakers to Thomydale Road segment, and as previously stated, has been submitted to EPA for consultation. The Town has determined that traffic signals are warranted for the intersection; the design and drawings have been modi- fied to include signals. Coordination needs to continue with State, County and private landowners to solidify ac- quisition of additional right -of -way for the improvements.' q f ' 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: The contract has been awarded to Falcone Bros. & Associates. Construction is slated to begin mid June through July. Tangerine/Thomydale Intersection Page 2 PUBLIC WORKS July 2003 Capital Improvement Projects in Design (continued) • Thornvdale Road /Orange Grove Road /Costco Drive Town of Marana. Northwest Marana Town Center Intersection Improvements Design and Development This project consists of reconstructing the intersections of Three projects are ongoing to master plan and estab- Thomydale/Orange Grove and Thomydale /Costco and the lish the layout, ambience and design standards of the segment of Thomydale Road connecting the two along with the Northwest Marana Town Center. reconstruction/widening of the remaining approaches; sidewalks, curb, curb and gutter, traffic signal modifications, drainage facilities, median islands, street lighting and art work. Northwest Marana Town Center. Master Plan Estimated construction time: Summer 2004 Pro t This project will provide Master Plan Services for fur - Status: Comments have been returned to the consultant. The ther planning and conceptualization to set design and 75% improvement plan submittal is due the first part of July the Northwest Marana Town Center urbanization of 2003. The phase I environmental site assessment has been approved. Status: The master planning and design develop- ment continues as the design guidelines are applied Santa Cruz River Shared Use Path Phase 1 and 11 to new buildings, such as the Northwest Fire Station Santa Cruz River Shared Use Path consists of a 14' wide #36 for the Town Center. The Durrant Group has paved asphalt path from Cortaro Road to Coachline Blvd via presented the general master plan concept to the the El Rio Park development. Marana School Board so that exploration of shared facilities and joint planning can be considered. The Phase I consists of a building a shared use path between Cor- Town will have the Durrant Group and McGann and Associates continue with the master planning of the taro Road and Twin Peaks Road in the over bank area of the rest of Ora Mae Ham District Park and the areas Santa Cruz River. Phase 11 consists of a continuation of the south shared use path in Phase I from Twin Peaks to Coachline Blvd. it the park and the Municipal Complex, and WOE Each phase is partially funded under ADOT's Transportation the land owners and developers for further • Enhancement Program. Construction will need to be com- use of f the Town Center Land. pleted such that the ADOT funds are properly tracked; how- ever, design can be completed as a single project. Northwest Marana Town Center North West Fire Status: An environmental determination (ED) has been sub- Station #36 mitted to ADOT, separately by Westland Resources. The ED is Though this is not a Town of Marana Project, the Fire nearing final approval by ADOT's environmental section. The Station will be on of the first structures constructed Town had a Kick -Off Meeting on April 29th to initiate path de- along the Marana Main Street corridor, and is there - sign with Castro Engineering and pedestrian bridge design with fore important to the overall design and planning of Structural Grace. At present, the designers are completing the Town Core. The project will consist of design and gathering of field data and are developing landscape and node construction of a new North West Fire Station #36 to concepts for the paths. It is anticipated that a 30% set of draw- protect the growing Town Center and Northwest Ma- ings can be produced by the end of July 2003. rana area, The design is ring performed by the A &E Durrant and DL Withers is providing design phase construction management services under a CM @ Linda Vista Boulevard Risk process. Fire Station #36 will be located on the This project consists of chip sealing approximately 3/4 mile of new Marana Main Street between the Municipal Com- roadway from Camino de Marina east to approximately Hart- plex and Grier Road. The planning and design of this man Lane. project will follow the Northwest Marana and the Town Center design guidelines as one of the first buildings Status: Final plans have been received from the design engi- in the Town Center. neer. Construction is on hold until all of the environmental is- sues have been resolved. Status: Northwest Fire has reviewed and approved the site plan, floor plan, exterior design and budget. Design development drawings have been reviewed and construction documents are in process. Project team meetings will be held on Tuesdays after the Municipal Complex AE/CM /PM meetings. Page 3 PUBLIC WORKS July 2003 Capital Improvements in Design (continued) * own of Marana Municipal Complex (Marana "MuniPlex ") Northwest Marana Town Center. Roads, infrastructure and Offslte 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 Ham 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 Status: D.L. Withers, the CM, approved by the Town roads. Council, has prepared an estimate and budget which has Status: The new 12" sewer main is completed, inspected and been presented to Mayor and Council. D.L. Withers has tested, and is waiting only approval from PDEQ to connect to graded the site, including excavating severa large storm the Marana Apartments. Lateral sewer lines were placed to water retention ponds, excavated and placed engineered five feet inside the residents' property line on Grier, with aban- fill for the building pads. Permits for sewer, water, and donment of septic tanks and connection to the permanent foundations were received in June and the CM has begun sewer to be completed later this year. the excavating and installation of underground utilities. WLB submitted the 100% design drawings for Phase 11 Initial building permit comments on structure and architec- ure are expected the first week of July. A model of the for review and comment. Advertising and procurement of con - roject is located in the Town Hall for viewing. The Town struction scheduled for late July will slip to August for the reviewed two proposed typical work station office cubical construction of the new sewer on Grier from the new Marana furnishings. Furnishings, partitions, carpets and coverings Main Street to Lon Adams and the construction of the new are still being selected for final proposal to the Town. roads, utilities, landscape and hardscape on Grier, Marana D.L. Withers also began the process to procure the Main Street and Civic Center Drive. A construction contract to major building trades. Queries on the participation in the connect sewer lines inside the resident's property is also in project should be directed to Mark Anderson or Scott process. The street design, landscaping and hardscaping is Brotherson of D.L. Withers, at 602 -438 -9500 or fax 602- developed as a boulevard lined with trees, street lights and 453 -0191. banners, and will carry the Town Center theme throughout the northwest urban center, with a series of "gates" to announce to Project AE/CM /PM technical meetings are held every travelers and residents that they are gin" Marana, to establish a Tuesday at 8:30 am. Standard location is at the site office, sense of identity and place as well as provide areas for small but special meetings are held at the offices of the architect commercial, safe pedestrian and cycling. or the Town Development Services Center as required. El Rio Park The project consists of paved paths, landscaping, a shaded play and sitting area, and a half court basketball court. Status: The park has been designed by Novak Environmental <. and the Town is in the process of completing design. The project was advertised June 16- 19 and the bid opening is scheduled for July 10, 2003. Construction is due to start in August 2003 with an estimated construction period of 90 days. 4 Page 4 PUBLIC WORKS July 2003 Capital Improvement rejects In Construction The following are capital improvement projects in construction. Cortaro Road Realionment District Park Native Plant Salvage and This project consists of realigning and widening Cortaro Improvements/Mitigation Road east of 1 -10 from the Frontage Road to Cerius This project consists of the removal, salvaging, and Stravenue. The existing road and railroad crossing will replanting of the vegetation in preparation of park be abandoned and a new railroad crossing will be improvements. installed. Status: Ongoing. Status: The contract was awarded to Dar -Hil Corpora- tion. Construction began January 6, 2003. Project is functionally complete, punch list and cleanup in progress. 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: Construction started at the beginning of May and is anticipated to run through the end of July 2003. Page 5 PUBLIC WORKS Jury 2003 Recently ltd P rojects Cortaro Road Improvements, Silverbell Road to 1 -10: Completed February 2003. Wade Road: Completed February 2003. Continental Ranch Neighborhood Park: Completed February 2003 Coyote Trails Elementary School Park and Parking Lot Addition: Completed February 2003 Santa Cruz Corridor Trail: Completed April 2003 Costco Street Lighting: Completed May 2003 ry �. • Cortaro Road Improvements u Continental Ranch Neighborhood Park Page 6 PUBLIC WORKS July 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- tuming Valley Road -- Sandario Road intersection. The results of motorists on Ina Road at Meredith Boulevard, the permis- the study found that a traffic signal is not recommended at sine /protected left-turn phasing has been 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 were installed on the Side Road warning signs currently posted installed. In addition, the signal timings at the intersection on the Avra Valley Road approaches to the intersection. It were modified. is expected that the warning beacons will help greatly to better alert motorists about the approaching intersection. The warning beacons should be installed within the next 60 days. Modification of the Phasing at the Thomydale Road- Costco Drive Intersection Following an analysis of the traffic signal operations at the Thomydale Road- Costco Drive Intersection, the left -tum phasing on the Thomydale Road approaches was modi- Traffic Signal at the Tangerine Road — Thomydale fied to allow leading protected- permissive phasing. Previ- Road Intersection ously, left - tumers on those approaches could only turn Based on the results of a traffic signal warrant study during a protected -only phase. With the recent modifica- performed at the Tangerine Road — Thornydale Road tions, left- turners are now able to turn during a protected intersection, it has been decided to pursue the incorpora- indication (green arrow) and during the green ball indica- tion of signalization in the Tangerine Roadfrhomydale tion. This is the first intersection in the Town where the Road Intersection Improvement Project, scheduled to left -turn arrow will precede the green ball indication. At all begin construction in summer /fall 2003. The Traffic Divi- other Town intersections without the protected -only phas- sion has recently reviewed and commented on the 100% ing, the left -tum green arrow follows the green ball indica- signal design plans. Kimley -Hom and Associates have tion. prepared the signal phasing and timing plans. Along with the widening improvements planned at this location, the signalization should make this a much safer and efficient intersection. Parking Lot Striping Layout for the MOC At the request of the Operations and Maintenance Divi- sion, the Traffic Division prepared a parking lot striping layout for the Marana Operations Center (MOC). The Business /Guide Signs for the Cortaro Road Area parking lot was striped on June 13, 2003. Now that the lot In an effort to better guide motorists on Cortaro Road has been striped, the parking conditions at the MOC have toward the businesses in the area, the Traffic Division greatly improved. developed a business and guide sign plan, which was endorsed by the businesses. We have worked closely with the businesses to obtain the logos that were placed on the signs. All of the business and guide signs were installed by June 25, 2003. Speed Limit Mao for Town Roadways The Traffic Division has completed an inventory of all posted speed limits on the Town's arterial and collector roads. This inventory will be used to determine whether some of the speed limit zones need to be modified 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 Town's web site. Page 7 PUBLIC WORKS M T July 2003 Public Work Art Project Committee .�. The Public Art Project Committee met on June 18, 2003. The committee discussed the design guidelines for the Silverbell Road Improvements, as well as the possibility of installing a file sign near the IHOP restaurant on Cortaro Farms Road. The committee was also provided an update on the future Marana §. Municipal Complex. Committee Members: Curt Ench, Chair Brian Jones, Vice Chair � Sally Jackson Kathy Price Margaret Joplin Nancy Lutz • Page 8 PUBLIC WORKS TOWN OF MARANA MUNICIPAL WATER SYSTEM DEPARTMENT REPORT For: June 2003 .o o o. o o BECAUSE WE LIVE IN A DESERT, WATER IS OUR MOST IMPORTANT AND PRECIOUS RESOURCE Date: July 3, 2003 _ MARANA � F� TOWN OF MARANA TEAM WORK — Is all staff working together in outstanding ways, with extraordinary cooperative effort to accomplish ordinary tasks TO: Mayor Bobby Sutton, Jr. Town Council Mike Hein, Town Manager Mike Reuwsaat, Assistant Town Manager FROM: Water Department Staff SUBJECT: June 2003 Department Report Update DATE: July 3, 2003 CUSTOMER INFORMATION 1750 Number of Customers Billed in June 32 Number of Disconnects in June 40 Number of New Connects in June 50 Number of New Services with Meter Installation 31,916,316 Total Gallons sold in June 36.07 Acre feet pumped (non -trust wells) Picture Rocks, Happy Acres, Palo Verde, Airport, Sky Diving Center, Continental Reserve and Hartman Vistas 60.67 Acre -feet wholesale water purchased (trust wells) Marana, La Puerta, Oshrin, Falstaff, Honea, and Cortaro Ranch (325,851 gallons = acre foot) DAILY OPERATIONS 1. Moved standpipe computer & electrical to Public Works building. We are out of the trailer. 2. Operating emergency interconnect to supplement low volume well at Picture Rocks. 3. Repaired service line leak on Wentz north of Kirby Hughes. 4. Fixed service leak on Sandario and Barnett. 5. Toured Recharge projects. 6. Geoff and Mitch toured Badger Meter plants in Rio Rico and Nogales, Mexico. 7. Mitch started Supervisor Academy. 8. Worked several days on Picture Rocks treatment system. 9. Mitch tested two backflow preventors. 10. 214 Blue Stakes completed in June. 11. Meter installed. 12. Installed flow meter at The Springs reservoir fill line. 13. Repaired Oshrin Park flow meter. WATER SERVICE AGREEMENTS BEING NEGOTIATED 1. Hartman Vistas / Cortaro Ranch I nterconnect are designed. Contract to be bid in late July. Award to start August 2003. 2. 6 inch main loop Camino Verde and Tres Casas design completed; construction costs will be awarded as an addendum to Continental Reserve booster contract. . 3. A.F.C. — Eckerd's Drugstore southwest corner of Cortaro and Silverbell Rd. 4. San Lucas development water service agreement is in discussion stage. 5. Acacia Hills infrastructure, part of Hartman Vistas water service agreement is designed. OTHER 1. Purchase of Type II Non - Irrigation Rights for parks and other needs. 2. Managed Recharge Intergovernmental agreement final draft is completed and is signed by everyone except Bureau of Reclamation and the Secretary of Interior. It is designed. 3. Pilot water treatment of Picture Rocks system is installed and operating. Will keep you informed as it progresses. 4. Non - potable system is in the design stages and is being discussed and presented to staff and developers. 5. LaPuerta well is in discussion with Cortaro - Marana Irrigation District. 2 TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: Jul 15, 2003 AGENDA ITEM: IX. A. 1 TO: Mayor and Council _. FROM: James R. DeGrood, P.E., Development Services Administrator SUBJECT: Resolution No. 2003 -79 Confirming the Town of Marana's desire to rename Trico - Marana Road to Marana Road DISCUSSION: During the recent consideration by the Mayor and Council of the San Lucas Block Plat, it was brought to staff's attention by Councilmember Honea that prior Council action had changed the name of Trico- Marana Road through the Town limits, to Marana Road. Staff has reviewed the town record and found that on March 4, 1980, the Mayor and Council did approve a motion to change the name of Trico -Marana Road to Marana Road. There was, however, no resolution adopted at the time. On further review of this matter with the Pima County Addressing Coordinator, it was determined that Pima County has not acknowledged this name change. There is evidence that Pima County does recognize both the Marana Road and the Trico- Marana Road designations on the 9 -1 -1 directory for the area, however, the addressing coordinator shows no formal change of the street name. On review of options to clarify and resolve the naming conflict, it was determined that the simplest thing to do would be to have the Town Council confirm, in resolution form, the intent of the Town to change the name from Trico -Marana Road to Marana Road. With this resolution, the Pima County Addressing Coordinator will formally take steps to change the public records relating to the street name. Once this resolution is passed, the County Addressing Coordinator will initiate the process to have all County maps, G.I.S. layers, and records picked up upon by other mapping services and guides amended to show Marana Road as the correct street name. RECOMMENDATION: Staff recommends that Council adopt Resolution 2003 -79. SUGGESTED MOTION: I move to approve Resolution 2003 -79. H: \ADMI4\BLUESHEIIBLUESHEE\2003\6 -13-03 BLUESHM tr c Manna Rnadda MARANA RESOLUTION NO. 2003-79 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, CONFIRMING THE CORRECTION OF THE NAME OF MARANA ROAD, AKA TRICO- MARANA ROAD, WITHIN THE CORPORATE LIMITS OF THE TOWN OF MARANA. WHEREAS, the Town of Marana, in its regular meeting of March 4, 1980, did unanimously approve the change of name for Trico - Marana Road to Marana Road, within the corporate limits of the Town of Marana; and WHEREAS, since the date of Council action, the roadway has been known as both Trico - Marana Road and Marana Road, with occasional conflicts in the references made to the road; and WHEREAS, the Regional 9 -1 -1 Directory lists addresses along said road as both Marana Road and Trico -Marana Road; and WHEREAS, regional maps, official County maps, and maps of general public circulation still identify the road as "Trico- Marana Road "; and WHEREAS, it is in the best interests of the public to clarify and confirm the name of said road as Marana Road, from Interstate 10 to the western Town limits of the Town of Marana. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana,, Arizona, that the change in name from Trico - Marana to Marana Road is confirmed and that the Pima County addressing coordinator is directed to rename the roadway to Marana Road on all public records for that portion of the roadway lying within the corporate limits of the Town of Marana. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15' day of July, 2003. Mayor BOBBY SUTTON, JR. ATTEST: Jocelyn C. Bronson APPROVED AS TO FORM: Town Clerk Frank Cassidy As Town Attorney and not personally . Town of Marana ;•CID. -• MARANA, ARIZONA P.O. BOX 157 i 852.38 683401 REGULAR COUNCIL MEETING 12775 North Sanders Road Marano Town Hall Novearber:5, ;1:979 7:00 P.M. The Regular Council Meeting of the Marana Town Council was called to order by Mayor Ted A. DeSpain at 7:00 P.M. 1. g Mayor fled A. DeSpain Present Vice Mayor Mike Calvin Present Lorraine Price - Council member Present John Mayo - Councilmember Present Bill Schisler - Council member Present Gary Nesbitt - Couneilmember Present Stan Gladden - Council.member Present 2. APPROVAL OF MINUTES { Minutes to be amended as follows: r Street Report, Planning and Zoning Report and Marshal's - Report to be excepted. Committees were appointed by Mayor Ted DeSpain. Motion by Lorraine Price to except minutes as amended. Second - Gary Nesbitt Unanimous vote 3. VAL OFENDA Approved as presented 4. PONS AND COMNIEN'PS (a) Certificates of Appreciation were presented to D3die R. Honea, Clifford Ray Honea, Sam Chu and Don Frew for serving on first Council of Marana. (b) Ann Ball - P.P.E.P. Ill and will contact W. Rodgers 5. RF. =S FROM =ICES AND C0 (a) Magistrate Report - Filed by Harry Hansen. Pat Garrett reported on activities of Judicial Conference. i - 2 - 5 . S F RQM =ICES AND COME (Cont d) Motion by Gary Nesbitt to accept Magistrate Report Second - Bill Schisler U nanimous vote (b) Financial Report - Filed by Dorothy Honeycutt Study Session with harry Schiever November 13, 1979 or November 20, 1979. Summary of Statement for Marshal Stonehouse. Motion by Mike Calvin.to approve financial report. Second - John Mayo i Unanimous vote (e) Street Report - Filed by Howard D. Rodgers Sewer Grant - Cchmanon Ditch - Mr. Schisler will meet with Mr. Rodgers to set appointment with Jack Brown of Ruiz Engineering i Applying for additional personnel from M.O.P. Biscussion of water truck - Motion by Bill Schisler to appoint i Ray Honea to check water truck rental. Ray Honea will report to Mr. Rodgers. Report excepted as presented. i (d) Pl and Zoning Report - Filed by George F. Leaming Comprehensive Planning Meeting October 29, 1979 and meeting scheduled for November 12, 1979. Request for annexation Under trust Sam Chu and Ray Honea spoke on annexation Motion by Bill Schisler to have annexation on December 3rd meeting agenda. t Second - Gary Nesbitt Unanimous vote (e) Marshal's Report - Filed by Robert G. Stonehouse Motion by Bill Schisler to purchase C.M.I. Speed Gun. Purchase price - $1200.00 Second - Gary Nesbitt { al's Office to Motion by Gary Nesbitt to authorize Marsh purchase equipment after reporting back to Town Clerk conditions and price of same equipment and poll at least four of the Councilmembere for approval. Second - Bill Schisler Umanimous vote Marshal Storehouse and Sgt. Blenden to be paid for extra duty when funds are available. 6. NEW BUM= (a) Fees and Permits - Howard D. Rodgers Discussed meeting with Southwest Gas Corporation Richard Insaliea will assist Gary Nesbitt with inspections Motion by Stan Gladden to approve fees as outlined and amendment to building code with fees and permits reconstructed. Second - Gary Nesbitt Unanimous vote j George Leaming and Howard will prepare amendment to building code Ordinance. II _ t ' -3- 6. IM BU ( Cont'd) (b) Council Meeting Change - Discussion - Motion by Stan Gladden to change Council Meeting from First Monday to First Tuesday in month, effective January 1, 1950. Second - Lorraine Price Unanimous vote. (c) Sales Tax Ordinance and Resolution Discussion of text and exemptions Special Council Meeting, November 12, 1979r; for Public Hearing on Sales Tax Ordinance and Resolution (d) Town of Marano - Cortaro Water User's Association, Ted DeSpain presented suggestions, with the help of Cortaro Water User's to keep ditches clean in Town of Marana. Stan Gladden will contact Cortaro Water User's. (e) Comnmons Ditch, Bill Schiller - Ruiz Engineering Company - � Item discussed under Street Report. (f) Cha=nge of Street Names Discussed - To be placed on December, 1979 Council Meeting. , , i .7. OLD BUSINESS 3 (a) Valley National Bank - Correspondence read by Ted DeSpain i Letter to be written answering the six questions of September 26, 1979. Copy of letter in file. Motion by Gary Nesbitt to redeem any warrants as funds become available. Second - Mike Calvin Unanimous vote (b) Fire Protection - Bill Gauditt - Presented proposed budget for running fire department for one year and price of fire truck. i Motion by Mike Calvin to give Howard Rodgers authority to make application for Fire Protection and acquisitions of right aways ; grants. I Second - Bill Schiller 1 Unanimous vote I $, ADJOUM TO ERE'a= S S.S2ON (a) Personnel - Discussed Motion by like Calvin to adjourn meeting Second - John Mayo Unanimous vote Adjourned at 10:35 P.M. { i ■ n Town of Marana :C7fD +- '�.� MARANA, ARIZONA P.O. Box 157 85238 68 23401 REGULAR COUNCIL MEETING 12775 North Sanders Road Marana. Town Hall December 3,. 1979 7:00 P.M. The Regular Council Meeting of the Marana Town Council was called to order by Mayor Ted A. DeSpain, at 7:10 P.M. 1. ROLL GATT. I Mayor Ted A. DeSpain Present Face Mayor Mike Calvin 7:15 P.M. E. Lorraine Price - Councilmember Present John Mayo - Councilmember Present Bill Schisler - C.ouncilmember Present Gary Nesbitt - Councilmember Present Stan Gladden - Cocncilmernber Absent 2. APPROVAL OF MINUTE. , Minutes of November 5, 12 and 20, 1979. I Corrections to November 5, 1979 Meeting. Street Report, Planning and Zoning Report and Marshal's Report to be accepted. ' Motion by Mike Calvin to accept financial report. Street Report accepted as presented. Marshal's Report accepted. Naw Bugi George Leaming and Howard Rodgers will prepare amendment j to building code Ordinance. Fire Protection . Bill Gaudette - November 20, 1979. Roll Cali Stan Gladden - Councilmember - Absent Motion by Gary Nesbitt to accept minutes as corrected. i I Second - John Mayo Unanimous vote. 3. APMVAL OF AGE[�A Motion by John Mayo to accept agenda as presented. Second - Bill Schisler Unanimous vote. 4. PETITIONS AND COME M (a) Ted A. DeSpain announced that December 12, 1979 the Tucson Urban Study Office will conduct a meeting stud, -pgthe problems of the Santa Cruz River. "naTF rsl: rurn2nn2A77nu AJ ADrXJ 01 1017" t ( 2 ) 5. REPORTS FROM PUICES AND 000aTTEES (a) Magistrate Report - No representative of the Magistrate Court Present. (b) Financial Report - Discussion - Motion by Mike Calvin to accept Financial Report as of October 31, 1979. Second - Bill Schisler Unanimous vote. (c) Street Report - Howard D. Rodgers - Additional personnel for street department. Sewer lines discussed and -also Soil Conservation Project. (d) P1mming and Zoning Report - Howard D. Rodgers - Zoning from Dale Despain. Motion by Bill Schisler to form a planning commission. Second - John Mayo j Unanimous vote. Roberto Ruiz - Future development and Permits and Fees. Common ditch discussed. (e) Marshal's Report - Sgt. Blenden Sgt. Blenden will report to Council price and schedule of pay- ments for two demonstrator Speed Gun 8 at January 2, 1980 meeting. Motion by Mike Calvin to accept Marshal's Report. Second - Bill Sehisler Unanimous vote. 6. NEW BUSINESS This item not discussed. i 7. OLD BUS TNI�S4 k (a) Name change of Roads - George Leaming and Howard Rodgers will { present to Council a complete list of conflicting road names in = • Marana. i (b) Annexation Petition - Presented by Peter Mosier and John F. .Chianock. Sam Chu spoke against annexation. Motion by Gary Nesbitt to consider this annexation petition, i discuss and vote on at next regular meeting, January 2, 1980. Second - John Mayo Unanimous vote. Five minute break before Executive Session. George Sommers, representing St. CbLristopher's Church. Marana Community Clinic - Re- organization Out of Executive Session 9 :40 P.M. Discussed personnel. .Motion by Mike Calvin to adjourn. Second - E. Lorraine Price Unanimous vote. ,,4� {i �`•�f Town of Marana MARANA, ARIZONA . P.O. BOX 157 85238 682 - 3401 REWLAR COUNCIL MEETING 12775 North Sanders Road Marena Town Han February 5, 1980 7:00 P.M. The Regular Council Meeting of the Msrana Town Council was called to order by Mayor Ted A. DeSpain at 7:00 o'clock. 1 • � LS�,LL Mayor Ted A. DeSpain Present Vice Mayor Mike Calvin Present E. Lorraine Price - Councilmember. Present John H. Mayo - Councilmenber Present Bill Schisler - Councilmember Present Gary Nesbitt - Councilmember Present Stan Gladden - Cooncilmember Absent 2. AP1�_ VAL OF gDff = Corrections to Minutes of January 8, 1980 Meeting. Town Clerk will call Mr. Walt Henderson, Town Attorney, and Mr. Gene lamer, Insurance Agent. Notion by Lorraine Price to accept minutes as corrected Second - Mike Calvin Unanimous vote 3 • APPBDSTAL OF A ETIDA . .Additions to Agenda 6 (b) Tom H= - Zoning - Sanders Road and Grier Road 4 (b) Arizona Central Credit Union - Tito Carrillo 4 � c) Announcement 4 d) Ruiz Engineering Corporation - Schedule of fees Motion by Gary Nesbitt to accept agenda with additions Second - Dike Calvin Unanimous vote 4 . PELU "ONE AND Cfl&= (a) Planning Commission - Howard D. Rodgers Arizona State &tension Service will provide training for members of Planning Commission. The training will be for two hours a week for twelve weeks. Special Council Meeting will be February 11,2980 - Purpose To vote on Planning Commission Members. PETITIONSAND COMutENTS (Continued) (b) Arizona Central Credit Union - Tito Carillo - Not present (c) Announcement - Town Hall carpets cleaned by Gene Delaney - Council requested thank you letter to Mr. Delaney. (d) Ruiz engineering Corporation - Schedule of fees presented to Council - Not present 5. REPORTS FRAM OFFICES AND CON�'EES (a) Magistrate Report - Oudge Harry A. Hansen - Council asked format of Magistrate Report to include assessments. Notion by Bill .Schisler to accept Magistrate Report. Second - Gary Nesbitt Unanimous vote Ruiz Engineering Corporation - Presented information regarding fees charged for zone changes, subdivision, and building permits by Pima County, the City of Tucson and Oro Valley - Recommended that the Town Council adopt City of Tucson procedures and fees - ' Reported on grant for a mechanical stripe painter for South Tucson, Oro Valley and Marana. Arizona Central Credit Union - Tito Carillo - Presentation of benefits for Town employees ,joining the Credit Union - Council would like to be informed of any other Credit Unions available to employees. (b) Financial Report - Dorothy M. Honeycutt Motion by Mike Calvin to accept financial report Second - Bill Sohisler Unanimous vote (c) Street'Report - Howard D. Rodgers Motion by Idke Calvin to accept street report Second - E. Lorraine Price Unanimous vote (d) Planning and Zoning Report - Dr. George Leaming Notion by Mike Calvin to accept Planning and Zoning Report Second - E. Lorraine Price Unanimous vote (e) Marshal's Report - Marshal Robert G. Stonehouse Motion by Bill Schisler to accept Marshal's Report Second - Gary Nesbitt Unanimous vote 6. NEW BU (a) Adoption of Comprehensive Plan Motip by Bill Schisler to have Study Session February 11, 1980. Second - Gary Nesbitt Unanimous vote b . NEN BOSINFgS : ( Continued ) (b) Tom Hum - Zoning - Sanders Road and Crier Road - Tom Hum questioned land use map portion of Comprehensive Plan. 7. OLD BUSINESS (a) Street Name Change — Reasons for street name change printed in local newspaper. Motion by Bill Schisler to set dead -line on street name change to March 4, 1980. Second - John Mayo Unanimous vote (b) Fuel tank report - Gary Nesbitt Availability of fuel tank Two minute break before Executive Session - 8. EM=VF =%= (a) Discussed personnel 9. AD , Notion by Mike Calvin to adjourn Second - John Mayo Unanimous vote r n Town of Marana s �• � . •= D MARANA, ARIZONA P.O. BOX 257 85238 58.23402 REMUR COUNCIL MEETING 12775 North Sanders Road Marana Town Hall March 4, 1980 The Regular Council Meeting of the karana, Town Council was called to order by Mayor Ted A. Despain at 7:12 P.M. 1. ROLL Mayor Ted A. De4ein Present Vice Mayor Mike Calvin Present E. Lorraine Price - Councilmember Present Jahn H. Mayo - Council member 7:15 P.M. Bill Schisler - Counc Present Gary Nesbitt - Councilmember Present Stan Gladden - Couneilmember Present 2. APPROVAL OF AaNUTp Correction to minutes of Special Council Meeting, February 13, 1980, Should read seven individuals will be members and serve on a staggered 0 term basis with three individuals serving as alternates. Motion by Gary Nesbitt to accept minutes of February 4, 19$0 meeting and February 11, 1980 meeting as corrected. Second - Bill Schisler Unanimous vote 3. APPROVAL. OF A= Additions to agenda - Petitions and Comments (b) Announcement - Bill Sehisler New Business - (e) proposed Study Session Notion by Mike Calvin to accept agenda with additions Second - E. Lorraine Price Unanimous vote 4. P_?+'1'ITIOU AND COlUM= (a) Tom Buick - PAG - Long Range Transportation Plan New Director of PAO Transportation Pl anning - Presented a five phase transportation plan an a regional plan. (b) Announcement - EPA - Solid Waste Commission - Bill Schisler presented report of activities on EPA and Solid Waste Meetings. '=DATE OF INCORPORA770N. MARrH 91 1977» 5. RMRTS FROM OFFTO AND COIuIIdI T EES (a) Magistrate Report - Filed by Ted A. DeSpain Motion by Mike Calvin to accept Magistrate Report Second - Lorraine Price Unanimous vote (b) Financial Report - Filed by Dorothy Honeycutt Motion by Bill Schisler to accept Financial Report Second - Gary Nesbitt Unanimous vote (c) Street Report - Howard D. Rodgers - Two individuals from M 0 P will start employment with the Town, March 17, 1980. 1. Water Truck - Bill Schisler - Availability of water truck Motion to accept Street Report by Mike Calvin Second - Lorraine Price Unanimous vote (d) Planning and Zoning Report - Howard Rodgers - Community Development Block Grant - Site Development at Yaqui Village Grant approved - $239,8W.00 Motion by Gary Nesbitt to check if Ruiz Engineering Corporation would act as Administrator of Community Development Block Grant. Second - Mike Calvin Unanimous vote Motion by Gary Nesbitt to accept Planning and Zoning Report Second - Bill Schisler Unanimous vote (e) Marshal's Report - Filed by Marshal Robert G. Stonehouse - Discussion Of gas tanks. Motion by Bill Schisler to accept Marshal's Report Second - Mike Calvin Unanimous vote 6. NEW BUSINESS = (a) Resolution 80 -001 and Ordinance 80.02 Flood Insurance - Tabled pending legal opinion by Town Attorney, Walt Henderson. (b) Adoption of Development Code Motion by Make Calvin to table Development Code until completed. Second - Bill Schisler U nanimous vote Motion by Gary Nesbitt that future structures along any 1twimess frontage streets designated within the commercial zones, according to the Town of Marana's Official Zoning Map, must be constructed in the same alignment and set back as the existing structures. Second - John Mayo U nanimous vote (c) Budget t?y Departments - Bill Sabisler Motion by Bill Schisler for Howard Rodgers to submit budget for each department no later than April 30, 1980. Second - Gary Nesbitt Unanimous vote 6. NEW BUSINESS (Continued) (d) Resolution 80 -002 - Intergovernmental g Agreement - Striping Machine Motion by Gary Nesbitt to authorize Ted A. De Spain to sign Intergov- ernmental Agreement Second - Mike Calvin U nanimou s vote (e) Proposed Study Session - Discussion of items that individuals of Marana might desire to discuss in open Study Session. 7. OLD BUSINESS _. (a) Name Change of Streets Motion by Gary Nesbitt to change street names as indicated: 1. Trico- Marana Road to Marana Road 2. Avra Tone to Price Lane 3. Avra Street to Amole Circle 4. Avra Road to Wentz Road 5. Sandario Road remains as one word Second- - Mike Calvin Unanimous vote (b) Planning Commission Members - Howard Rodgers - Approve.:.Planning Commission Members as voted February 11, 1980. (c) Adopt fee schedule as presented by Roberto Ruiz Motion by Mike Calvin to accept fee schedule as presented Second - Lorraine Price Unanimous vote Two minute break before Executive Session 8. EXECUTIVE SESSION (a) Personnel Out of Executive Session 10:15 P.M. Discussed Personnel 9. ADJOURRMW Adjourned at 10:16 P.M. TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: July 15, 2003 AGENDA ITEM: IX. A. 2 TO: Mayor and Council FROM: Farhad Moghimi, P.E., Public Works Director/Town Engineer SUBJECT: Resolution No. 2003 -70 — Releasing the Assurance Agreement for Silverbell Place, Trust No. 7886 -T, for Lots 1 -153 and Common Areas A -B, and Acceptance of Public Improvements for Maintenance. DISCUSSION: Approval of Resolution 2003 -70 will release the Assurance Agreement between D.R. Horton, under Trust No. 7886 -T and Lawyer's Title of Arizona, Inc. and the Town of Marana, regarding Silverbell Place as depicted on Exhibit A. The subdivision is recorded in Book 54 of Maps and Plats, Page 48, 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 1.32 miles of the following paved streets. • Benet Drive • Bradstreet Drive • Clemens Way • Hemingway Place • Koch Place • Millay Street • Sandburg Court • Thoreau Drive • Van Dyke Court RECOMMENDATION: Staff recommends that the Town Council release the Assurance Agreement between D.R. Horton, under Trust No. 7886 -T and Lawyers Title of Arizona, Inc. and the Town of Marana. SUGGESTED MOTION: I move to adopt Resolution No. 2003 -70. _ 07/09/03 MARANA RESOLUTION NO. 2003-70 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AUTHORIZING THE RELEASE OF THE ASSURANCE AGREEMENT BETWEEN D.R. HORTON., LAWYERS TITLE,.OF ARIZONA,..INC., .AND TOWN OF MARANA FOR LOTS 1 THROUGH 153 AND COMMON AREAS A - B, AND ACCEPTING FOR MAINTENANCE THE PUBLIC IMPROVEMENTS IN SILVERBELL PLACE. WHEREAS, Silverbell Place is a 39.452 acre subdivision located on Cortaro Road west of Silverbell Road, containing Lots 1 through 153 and Common Areas A - B as depicted on Exhibit A attached hereto and incorporated herein by this reference, and recorded at the Pima County Recorder's Office in Book 54 of Maps and Plats, Page 48; and WHEREAS, the Town has previously entered into an Assurance Agreement between D.R. Horton, (beneficiary) under Trust No. 7886 -T and Lawyers Title of Arizona, Inc. (trustee), recorded at the Pima County Recorder's Office at Docket 11490, Page 1534, assuring the completion of public improvements; and WHEREAS, D.R. Horton has completed the public improvements acceptable to Town standards in accordance with the Assurance Agreement for Silverbell Place. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows: - Section 1. Silverbell Place lots 1 through 153 and Common Areas A - B are hereby released from the Assurance Agreement with D.R. Horton under Trust No. 7886 -T, and Lawyers Title of Arizona, Inc. Section 2. The Town accepts for maintenance, including maintenance of regulatory traffic control and street signs, 1.32 miles of paved streets for the following appurtenances, as depicted on Exhibit A: a. Benet Drive b. Bradstreet Drive C. Clemens Way d. Hemingway Place e. Koch Place f. Millay Street g. Sandburg Court h. Thoreau Drive i. Van Dyke Court Page 1 of 2 Marana, Arizona Resolution No. 2003 -70 t r PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15 day of July, 2003. ATTEST: Mayor BOBBY SUTTON JR. Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy As Town Attorney and not personally Page 2 of 2 Marana, Arizona Resolution No. 2003 -70 e EXHIBIT A l - h .9VVd 7iS MOOD _ o e q " W a @E ■ :° ry b3 , per h° d did o if 3 1e7 pdSrn fly a�IY tw$ $ a �$ ® w x a S< R< W A li mo a l l ^^ �� "tt ee 8 ' y yy y @ Ie . ' a o a g tl •p2 d - Q 11 r €�Y3� (�] t b z 8 g 5 44 t' B Mi O a 8 C de�:EdY 9 ^ .W az Z! Z a0 E� a. R ■ � {[ � . ` d y: i � � ; A �� R R 1 F N a n aR p t «h , �o N b2 - e tr Ye - 3 Y dW` e� u -F Aar A ao= x �a, err x me r a ab ��h� a a am Vie. of s �€ N e Y o yy+ g $ yy t „ - ¢ P p b < .. o - L"` <zu� �n " bb <a b e e �' aE` Cz 3 kg $ 4 a tl4 a rg Y e g y a deb b a o � o - € a e - K <a� „ " k �� a� _ e r^ � a �, � �. € se a� e� e � Y .te ��� 8�k° a „: � s <�a ;€ Li N h W P i � H � „ it : ° �< a �_� �m >� � sad ��� g§ � k �g � �•< ■� g <� A °$ :� < E8 P w & 53 Rye oit F E 3 �a < Vi O L a y+ C & Of a E� o cos ey y FbW Fb_ a gs > �., g'm a `��' k �a„ a t _ EXHIBIT A P -8h 3E)dd h >1008 I w W �C1 �� �MY 88 ee O ® ® O ® > ® ® ® ®A ® s_ a gi p �Fa` m ~NZ to UO to m0 U J � s ffn Y / /• / / S � S M1S � a . <� •�_ y / /• .� A. LO S — - . _ s r 3Otl1d ltlM 1:13�3H . / � s Z. All M mss SE q _ e Y 34121 M- 0 0 9 u� Y. Y30Y NOlUt0.7 Z Q O a $ e go �t9 0 EXHIBIT A E-Sh aOdd S NOOG m 1: } W Z 4 o ® ® o ® ® m ® ® ® o ® 1 F <� ��_ W m c Cl) W Rawo Q 1 o -d I dsx' v -. • r �. 8a OO O y � , z nLl 1 ml 7 / � �, o I.to,nw x 3° • • w,slaa N �\ z Nom •ye n� � R n M .w.Cwo N J �_ / N a4ssao x � @ «� b C'? to ��� ml 'ml w � � vh zrl �• N `�,f _ ? '°i r v Y , Y,sImN •,w.CWON i • � b !�t}!� ylx, $.24Y 1 oml oau I' C ml saal • J I • JQ.S1m N Y lOSLpp N I I O i Y .w.Ltm x Y .w,sLm x 1 =r I F 1 CO ° U s; tea_ 8 ha N '1 O I 10 ml oo'ou nzl U •, suo x Y .ro,cwo I Y • wssao N • .wssm x I OI N Do sl E I I (Q . $i^ I slm N Y .w.swx « S' • .wtsao x y „ Y • wsxoc N I L � c c0 Q b I .,I gI I N sp a A � so U •, ,SLW N Y -w,CWO u Y,r441m x Y • rgclm x I .su M b a i I A n a cli C\2 au au szz mml mml .. • • $L4J x ♦ ,rQSlm x Y .w.SLm x Y .w,slao x I .. 0 I$ ❑ 8' tol szz, z ~I i�8� Y roll all 6 mss R syx x Y .w.csm x I p' Y.wiloo ED o ' I 3AIflQl tow- MI na.l MUG cn. -�� - ' M - 0 0 Z 9 ,Yi'IIL M • Lf,ifAO N b S q 4 -W r[ /\ : / <,MI my � ,60'!SL M .GS,1L04 N =ae_ 7 'Y LY °z Zy I S e c t O O � 590 d "s� EXHIBIT A 30 V coos uj o o ® ®o ® ®m ® ® <9> 4> j Pq g� m° mo U z CC 0 ti Uwe t P � ..w.SNx / M A 'i • / � ) �' 6511 � t N Y '\ * 4y \ � — x • xD.•iIAD x co z lop / \k, w °�� ob �. 1 \ Y t c co N It �ob \ p aL. �.x¢rzD . co 8 n b 8 b 1 // ,su a b iDOx t zn /= Rl � —tU .w.slaDx x.ws�°Dx /2� 8 � �01 b •� N� Dean. ^ � • .ws.DD � . ;r° � � ` i `es 9 O O s ^ s J I ` 9 x � s = 5:� EXHIBIT A n o0 o } w " � Q rqa 7! ks O ® m O ® ® ® ® ® ®O / h "' o I s cn '-7 to O Q � � •_ -. • • 'M -0009 8 �a k' o >r S l (� y 'I-W-5 069956• E 1{7.05' 199 - t 1. {� 61 1 Z O -_ .- . °. -_- '! O $ / wDO S °i' l i 10 �6 / a0 0 two // `/ I •'{ ^j M{I °. \6 ., y o e / / Ll - -0 OR 1 .' ' , ri r '•�.° M N i.�� 9• Siv� jl' Ln b. ° .rr ♦J . �-- ',�. `B /•? 8: e, 'fir. `° 8 0 °'gym di: • � \ {J ,P•8� NO'n_ y o M N wg,c R N v j a� Nk dyo a O ^c Ep ♦ °� OR N 8 k J'4r 4�0^ Ln N N 2 i% 0 �8 •4 ' a a B A N .` M — OO 19 q �v ` l to 8 8 N V J•Q \°ay I Rl �e b. $� O ° ti O °an � i• F EXHIBIT A 9- .� 3�Jdd - MOOS ,�• ., .:. �� .:<�/. � �' oa �w uo Q. Egg a U Co C. ° °0 U m AY ➢0926L Mpp CC.°,sp S i O � J OS 7$ W Ob n' $ O - O � ri u° '•• _ rn� � O y fa r �,,p,Y �§y8 b ID ,y, o \C _ n � to ^ s o no \ ddsr' b O n z ° v b0 e to \ ° B p '' e] `- � ,h , - _'fi r '•- ^ � � � . v b a \ 5 ? Ob • ,y '�•t ; '•a. p oi QR i - - -. 8 8 b w � �° c -. � v s � fi+ mj v7 O^ 5 Q 530 i_5 8 6 sz W '4 3odd Hooa EXHIBIT A o W a ` n W Fg` Q �` uc CL j . fl o ® ®o m ®m ® o ®o ;_ r g oo ` �_ m° ` ~oz _ M0 222 3' [l •i �i a � M ; l0 tI p � z�a _ tD LD to 1 to 10 M s 4 1 O 1 � •. _ l � �m DIl: Ill �6 .�. R tT ro Ba t! b t0 `� 4 le) m tea: % 7 �£ `3C 8 i d+ 'M - 00 19 : z$ me ca tr,te ei) x;3 sS� {• O �' M Q R � Y� Z D � � S • 1 ` T i tg 8 AU � TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: July 15, 2003 AGENDA ITEM: IX. A. 3 TO: Mayor and Council FROM: Joel D. Shapiro, Planning Director SUBJECT: Resolution No. 2003 -83: Continental Reserve Blocks 16 & 17 Lot Split: Request to split Blocks 16 and 17 on the Continental Reserve Final Block Plat into Blocks 16A, 16B, and 16C; and Blocks 17A,17B,17C, and 17D. Blocks 16A & B, and Blocks 17A & B are developable parcels. Blocks 16C, 17C, and 17D are conservation areas. DISCUSSION: This item is brought before Marana Town Council in compliance with General Note No. 11 on the Continental Reserve Final Block Plat, recorded February 18, 2000, which states " No further subdivision of any block or parcel shown will be done without the written approval of the Town of Marana Mayor and Council." Stantec Consulting, on behalf of BB Land Development is requesting that Blocks 16 & 17 of the Continental Reserve Final Block Plat be split into Blocks 16A, B, and C, and Blocks 17A, B, C, and D. Blocks 16A & B, and Blocks 17A & B are developable parcels. Blocks 16C, 17C, and 17D are conservation areas. This 1 of s plit w ill a nable t he o wrier t o s ell t he d ivided b lock t o separate builders, while retaining the open spaces within the Master HOA. This action does not modify the Final •. Block Plat substantially, since the integrity of the approved blocks remains the same. There is no change to allowable uses. RECOMMENDATION: Planning Staff recommends approval of Lot Split PCM- 03068. SUGGESTED MOTION: I move to approve Resolution No. 2003 -83. • MARANA RESOLUTION NO. 2003-83 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA AUTHORIZING THE APPROVAL OF A LOT SPLIT FOR BLOCKS 16 & 17 OF CONTINENTAL - RESERVE FINAL BLOCK PLAT. WHEREAS, the Town of Marana approved the final plat for Continental Reserve, on February 18, 2000 and recorded at the Pima County Recorder's Office in Book 53 of Maps and Plats, Page 35; and WHEREAS, the owner, HB Land Development. has requested the land division of Blocks 16 & 17 of that Final Plat for the purpose of facilitating the sale of the divided blocks to separate builders; and WHEREAS, the Town staff has reviewed the request and has determined that this lot split and the proposed blocks meet the zoning requirements for the land use designation of MDR (Medium Density Residential) and MHDR (Medium High Density Residential) within the Pima Farms Specific Plan, and will not result in any adverse impacts to the adjoining blocks within the subdivision; and • WHEREAS, the Mayor and Council fords that the granting of this lot split will benefit the Town. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona that Blocks 16 & 17 of Continental Reserve Final Plat may be divided into three and four blocks, respectively, as requested by the applicant, PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15th day of July, 2003. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy As Town Attorney and not personally • t t t � N, TOWN OF MARANA MARANA Planning and Zoning Department 3696 W. Orange Grove Road + Tucson, AZ 85741 o.. aw.u. (520) 297 -2920 Fax: (520) 297 -3930 PLANNING & ZONING APPLICATION .' L :TYPE OF APPLICATION (Check One) . . Preliminary Plat ❑ General Plan Amendment ❑ Variance ❑ Final Plat ❑ Specific Plan Amendment ❑ Conditional Use Permit ❑ Development Plan ❑ Rezone b Other Lot Spl it ❑ Landscape Plan ❑ Significant Land Use Change = ❑ Native Plant Permit - 2. GENERAL DATA 'RE UIRED, ;. Assessors Parcel 221 -21 -1300 � Bl k 17 General Plan Designation Number(s) 221 -21 -1290 B1 k 16 (To be confirmed by staff) Gross Area (Acre /Sq. Ft.) 84.98 ac (Bl k 16) 54.25 ac (B1 k 17) Current Zoning (To be confirmed by staf Sp ( Development/ Proposed Zoning Project Name Continental Reserve n/a Project Location Section 28 and 33, T12S, R12E Description of Project Lot split t0 Blocks 16 & 17 Property Owner Fidelity National Title, Trust #30,222 Street Address 7750 E. Broadway Blvd., A -200 Tucson State Zip Code Phone Number Fax Number E -Mail Address 85710 520 -290 -6227 Contact Person one Number Trust Officer Applicant HB Land Development Co. Street Address City State 2200 E. River Rd. #115 Tucson Zip Code Phone Number Fax Number E -Mail Address 85718 520- 577 -0200 520 - 299 -5602 Contact Person Phone Number Mark Weinber Agent/Representative Stantec Consulting Street Address City State 201 N. Bonita Ave. Tucson AZ Zip Code Phone Number Fax Number E -Mail Address 5745 520- 750 -7474 520- 750 -7470 c Contact Person Marana Business License No. Corey Thompson 3. AUTHORIZATION OF PROPERTY O,..WNER" I, the undersigned, certify that all of the facts set forth in s application are a to the best of my knowledge and that I am either the owner of the property or that I have been authorized in ti by the own o file this application. (If not owner of record, attach written authorization from the owner.) Corey Thompson 6/24/03 Print Name of A licant/A ent Si natur Date FOR OFFIC E ONLY Case No. P Date Received ( ` � Receipt No. u CRW No. Received By ( &o Fee Amount /A o9,,ro Common Area B �,o Block 17 Con tin en tol Reserve \\ Resewe P OF PO /NT OF BEGINNING COMMENCEMENT Sect 28 ' Section 33 Block 15 `' Proposed 16A ( ±34.750 acres NORTH \\ South line of CONTINENTAL RESERVE Legal Description Exhibit Proposed Block Split Portion Block 16 (16A) CONTINENTAL RESERVE DRAWN DMS 201 NORTH BONITA AVE. ENGINEERING . PLANNING . LANDSCAPE ARCHITECTURE . DATE JUNE 20 2003 TUCSON, AZ 85745 -2999 . WATER RESOURCES . JOB No. 85602602 -15 PH: [520] 750 -7474 SURVEYING . TRANSPORTATION . sfrr. 1 DF 1 Stanbec FAX: [520] 750 -7470 OFACES IN ARIZONA CALIFORNIA do NEVADA Block 17 Section 28 Section 33 % �,/• �, f Drive Proposed 16A JQ NORTH W FT South line of CONTINENTAL RESERVE INCLUDED POINT OF BEGINNING Legal Description Exhibit Proposed Block Split Portion Block 16 (10 CONTINENTAL RESERVE DRAWN DAIS 201 NORTH BONITA AVE. ENGINEERING . PLANNING . DATE JUNE 11 2003 TUCSON, AZ 85745 -2999 . WA ER RESOUR ES RE JOB No. M2602 -15 PH: [520] 750 -7474 SURVEYING . TRANSPOKAT10N . SHT. 1 of 1 9tanbec FAX: [520] 750 -7470 OFFICES IN ARIZONA CALIFORNIA & NEVADA Block 17 NORTH o = Section 28 Section 33 Proposed 16A Drive I Proposed 16B South line of CON71 ENTA RESERVE POINT OF BEGINNING Proposed 16C (±20.685 acres Legal Description Exhibit Proposed Block Split Natural Reserve Portion Block 16- (16C) CONTINENTAL RESERVE DRAWN DMS 201 NORTH BONITA AVE. ENGINEERING . PLANNING . LANDSCAPE ARCHffECTURE . DATE JUNE 19 2003 TUCSON, AZ 85745 -2999 . WATER RESOURCES . JOB No. 85602602 -15 T V PH: [520] 750 -7474 SURVEYING . TRANSPORTATION . sHr. 1 of 1 C FAX: [520] 750 -7470 OMCES IN ARIZONA CALIFORNIA do NEVADA I POINT OF I COMMENCEMENT O� POINT OF NORTH BEGINNING '� O ed q ~ O I 0 0 5 C' I I os I Section 2 0 Section 33 cc 0 Block 16 Drive 3 Legal Description Exhibit Proposed Block Split Proposed Block 17A CONTINENTAL RESERVE . DRAWN DMS 201 NORTH BONITA AVE. ; LANDSCAPE ENGIN DATE JUNE 24 2003 , TUCSON, AZ 85745 - 2999 WATER RESOURCES . JOB No. 85602602 - 15 PH: [520] 750 -7474 SURVEYING . TRANSPORTATION . SHT. 1 OF 1 SIC FAX: [520] 750 -7470 OFFICES IN ARIZONA CALIFORNIA do NEVADA i �o 0 PO /NT OF BEGINNING NORTH Section 2 \ �\� \�' Q Section 33 Block 16 Legal Description Exhibit Proposed Block Split Proposed Block 17B CONTINENTAL RESERVE DRAWN DAIS ENGINEERING . PLANNING . 201 NORTH BONITA AVE. , LANDSCAPE ARCHITECTURE . DATE JUNE 24 2003 TUCSON, AZ 85745 -2999 WATER RESOURCES . JOB No. 85602602 - 15 PH: [520] 750 -7474 SURVEYING . TRANSPORTATION . sNr. 1 of 1 SeC FAX: [520] 750 -7470 OFFICES IN ARIZONA CALIFORNIA & NEVADA \� I NW corner of Block 17 , NE corner of Block 17 NORTH 1 o o 0 ��` Access easement Section 2 cz� Section 33 Qc W 0 Block 16 Drive Legal Description Exhibit Proposed Block Split Proposed Block 17C CONTINENTAL RESERVE r DRAWN DMS 201 NORTH BONITA AVE. ENGINEERING . PLANNIN . LANDSCAPE ARCHITECTURE . DATE JUNE 24 2003 TUCSON, AZ 85745 -2999 WATER RESOURCES . JOB No. 85602602 -15 PH: [520] 750 -7474 SURVEYING . TRANSPORTATION . SHt. t OF 1 C FAX: [520] 750 -7470 OFFICES IN ARIZONA CALIFORNIA & NEVADA • Y NW corner of Block 17 I � Proposed NORTH 1 7D co � � I P se Se Q� o90 � I -P�s�r` I Section 2 0 Section 33 Ll< W O Block 16 Drive Legal Description Exhibit Proposed Block Split Proposed Block 17D CONTINENTAL RESERVE DRAWN DAIS 201 NORTH BONITA AVE. ENGINEERING . PLANNING . LANDSCAPE ARCHITECTURE . DATE JUNE 24 2003 TUCSON, AZ 85745 -2999 WATER RESOURCES . J08 No. 85602602 -15 PH: [520] 750 - 7474 SURVEYING . TRANSPORTATION . SM. 1 OF 1 SAC FAX: [520] 750 -7470 OFFICES IN ARIZONA CAIJFORNIA do NEVADA TOWN COUNCIL LOF WN MEETING INF ORMATION RANA DATE: July 15, 2003 AGENDA ITEM: IX. A. 4 TO: Mayor and Council FROM: Joel D. Shapiro, Planning Director SUBJECT: Resolution No. 2003 -81 — Cultural Resources Preservaitoii Boa "rd A request for the appointment of five members to the Cultural Resources Preservation Board, as established in Ordinance 2003.05, ratified by Mayor and Council on April 15, 2003. DISCUSSION: Pursuant to Ordinance No. 2003 -05, adopted on April 15, 2003, a Cultural Resources Preservation Board shall be established to serve in an advisory capacity to the Mayor and Town Council. The duties of this Board include establishing and maintaining a plan for historic preservation in the Town, providing information and education on preservation to the public, seeking funding opportunities, coordinating resources and conferring with other city, county, regional, state and national historic preservation boards and commissions. The Board's only legislative duty consists of reviewing proposals for the alteration of an identified cultural resource, in which case the Board will determine whether or not the proposed work will alter the historic character of the resource. The following individuals have been appointed by the Mayor, and subject to consent of the Town Council, shall serve as the first residing members of the Cultural Resources Preservation Board: • Ed Honea, current Town of Marana Council Member; • Ora Mae Ham, long -time Marana resident, community activist and former Council Member; • Susan Ong, long -time resident and major landholder within Marana; - • Douglas Craig, professional archaeologist, specializing in the prehistory of this region; and • David Cushman, Cultural Resources Program Manager for Pima County. Under this resolution, the terms for Ed Honea and Ora Mae Ham shall expire in June 2006; the terms for Susan Ong, Douglas Craig and David Cushman shall expire in June 2009. Upon convening, the Board shall adopt rules for its own organization and for the transaction of business. Such rules and procedures are subject to ratification by the Mayor and Council. RECOMMENDATION: Mayor and Council's pleasure. SUGGESTED MOTION: I move to approve Resolution No. 2003 -81, as presented by staff. MARANA RESOLUTION NO. 2003-81 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE. TOWN OF MARANA, ARIZONA, APPROVING THE APPOINTMENT OF THE FOLLOWING FIVE MEMBERS TO THE CULTURAL RESOURCES PRESERVATION BOARD: Ed Honea, Ora Mae Ham, Susan Ong, Douglas Craig and David Cushman. WHEREAS, the Cultural Resources Preservation Board has been created by the Town Council to meet and advise the Town Council on historic preservation issues within the Town; and WHEREAS, the Town Council desires to fill five seats and appoint Ed Honea and Ora Mae Harn to terms that will expire June 30, 2006 and Susan Ong, Douglas Craig and David Cushman to terms that will expire June 30, 2009. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town o f Marana, Arizona, that Ed Honea and Ora Mae Harn shall be appointed to terms that will expire • June 30, 2006 and Susan Ong, Douglas Craig and David Cushman shall be appointed to terms that will expire June 30, 2009. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15` day of July, 2003. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy As Town Attorney and not personally • Marano Resolution No. 2003 -81 Page 1 of 1 TOWN COUNCIL TOWN MEETING OF INFORMATION I MARANA ATE: July 15, 2003 AGENDA ITEM: IX. B. 1 TO: Council FROM: Mayor .. SUBJECT: Appointment: Michael A. Reuwsaat as Town Manager. DISCUSSION: The position of Town Manager is one of two reserved for appointment by Mayor and Council. The position is unclassified, meaning it is not covered by the Town's Personnel Policies. The incumbent serves at the will of the Mayor and Council and can be discharged with or without cause at any time as prescribed by the Town Code. Michael C. Hein, Town Manager since May 30, 1998, has indicated he is resigning effective August 4, 2003. Michael A. Reuwsaat has acted as Assistant Town Manager since July 24, 2000. He brings many years of experience in public service, both as staff and as elected official. Michael has a strong background in p arks, r ecreation a nd c ommunity d evelopment. D uring t he p ast t hree y ears h e h as worked closely with Mr. Hein and Development Services, which includes Building Services, Engineering and Planning, on the Habitat Conservation Plan, Tres Rios and a multitude of Capital Improvement Plans. Michael has shown great leadership and embodies the vision Mayor and Council have for the Town. He has built strong relationships with local, County, State and Federal agencies to further the goals of the Town. His experience with and knowledge of the community are valuable assets. SUGGESTED MOTION: I move to appoint Michael A. Reuwsaat at Town Manager effective August 1, 2003, at a salary of $112,500 and vehicle allowance of $500 per month. HRUH/New TM 07/09/03 TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: July 15, 2003 AGENDA ITEM: IX. B. 2 TO: Mayor and Council ' FROM: Jocelyn Bronson, Town Clerk SUBJECT: Administering Loyalty Oaths to appointments on the Town of Marana Planning and Zoning Commission DISCUSSION: Loyalty Oaths will be administered to Russell Clanagan and Billy Schisler as re- appointments, and to Thomas Hestwodd and Richard Purcella as new appointments to the Planning & Zoning Commission. The terms of office for all four appointments will expire June 30, 2007. RECOMMENDATION: None. SUGGESTED MOTION: None. ADMIN/CUM07 /09 /2003/12:22 PM TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: July 15, 2003 AGENDA ITEM: IX. B. 3 TO: Mayor and Council i FROM: Joel D. Shapiro, Planning Director SUBJECT: Ordinance No. 2003.18: Request for waiver of rezoning condition #4 regarding building envelopes on the southwest corner of Flying Diamond and Camino de Oeste. The original conditions of rezoning are contained in Ordinance No. 2003. DISCUSSION: The subject property was rezoned this year from "C" (Large Lot Zone) to "R- 144 "(144,000 square foot minimum lot size). This request is to amend one of the conditions of approval on the rezoning. Since the rezoning has been complete, a process to split the lot has been submitted, requesting three lots. One of the conditions of approval on the Rezone was a condition to identify specific building envelopes during the lot split process. The owner has requested that process be moved to the building plan stage as there are more than one logical sites for building on each lot. The owner would like to allow the purchaser of the lot to choose which site to put the home on. The owner's agent has provided the following language: Item #4 — Current Verbiage — "A maximum of thirty percent of the total site may_ . be disturbed, exclusive of Major Routes dedications. Building envelopes shall be established through the platting or lot split process, reflective of the thirty percent total site disturbance, restriction." Item # 4 — P roposed V erbiage — "A maximum of thirty percent of the total site for each platted lot may be disturbed, exclusive of Major Route dedications. Building envelopes shall be established through the site development/building permit process for each individual lot created herein, reflective of the thirty percent total site disturbance restriction." As this change does not affect the requirement, but only postpones the selection of the building envelope to the improvement stage, staff has no objection to the change in condition #4. j RECOMMENDATION: Planning Staff recommends approval of this amendment of a rezoning condition for the Southwest corner of Flying Diamond and Camino de Oeste. SUGGESTED MOTION: .. I move to approve Ordinance No. 2003.18, amending condition #4 of the rezoning for the southwest corner of Flying Diamond and Camino de Oeste contained in Ordinance No. 2003.02. MARANA ORDINANCE NO. 2003.18 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AMENDING THE CONDITIONS OF ORDINANCE NO.' 2003.02, A REZONE OF THE PROPERTY LOCATED WITHIN THE TOWN LIMITS AT THE SOUTHWESTCORNER OF FLYING DIAMOND AND CAMINO DE OESTE, ASSESSOR'S PARCEL NO.216 -27 -1100. WHEREAS, Cheng Holdings Limited Partnership owns approximately 9.56 acres of property, in a portion of Section 12, Township 12 South, Range 12 East, described as Assessor's Parcel No. 216 -27 -1100; and WHEREAS, the Marana Planning and Zoning Commission held a public hearing on December 18, 2002, and voted unanimously to recommend that the Town Council approve the rezone with conditions; and WHEREAS, the Town Council held a public hearing on February 4, 2003, to obtain input from the Applicant, Town Staff, and the public on Ordinance No. 2003.02, the rezoning of the Property, and has determined that the rezone was in the best interest of the residents and the Town of Marana and should therefore be approved, with conditions; and WHEREAS, Cheng Holdings Limited Partnership has requested that condition # 4 of the approved rezoning conditions be amended as follows: Item #4 - Current Verbiage - "A maximum of thirty percent of the total site may be disturbed,, exclusive of Major Routes dedications. Building envelopes shall be established through the platting or lot split process, reflective of the thirty percent total site disturbance restriction." Item #4 - Proposed Verbiage - "A maximum of thirty percent of the total site for each platted lot may be disturbed, exclusive of Major Route dedications. Building envelopes shall be established through the site development /building permit process for each individual lot created herein, reflective of the thirty percent total site disturbance restriction. "; and WHEREAS, the Town Council finds this change does not affect the requirement, but only postpones the selection of the building envelope to the improvement stage. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, that condition #4 of the rezoning conditions approved in Ordinance No. 2003.02, • be amended to allow the building envelopes to be established through the site development/building permit process for each lot created. -Page 1 of 2 -- • PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15 day of July, 2003. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy • As Town Attorney and not personally • - -Page 2 of 2 -- Y TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: July 15, 2003 AGENDA ITEM: IX. B. 4 TO: Mayor and Council FROM: Joel D. Shapiro, Planning Director SUBJECT: PUBLIC HEARING: Ordinance 2003.16 and Resolution 2003 -78: i An amendment to the Land Development Code of the Town of Marana, by r evising: TITLE 3 - DEFINITIONS, establishing and or replacing several new definitions related to animals and or the keeping of animals; TITLE 5 — ZONING, establishing and or replacing zoning regulations and defining permitted, accessory, conditional, temporary and prohibited animal and or animal keeping uses; and TITLE 8 — GENERAL DEVELOPMENT REGULATIONS, establishing and or replacing general maintenance and development standards for the keeping of animals and declaring Titles 3, S, and 8, as amended, a public record. DISCUSSION: The proposed amendments (attached) represent continued work on the update of the Land Development Code. The intent of these proposed regulations is to ensure the health, safety and welfare of animals, as well as to encourage the preservation of the rural, agricultural, and environmental character of the Town by responsibly regulating the keeping of animals. Staff has developed a comprehensive s et o f a nimal- keeping r egulations f or t he T own o f Marana. The attached draft uses strike- throughs to show deleted text and underlined capitalized text to show proposed Code additions. A line appears in the left margin wherever a formatting or textual change was made. Staff finds the current animal keeping regulations in the Land Development Code to b e significantly lacking in implementation ability and equity. The current Code permits livestock and accessory structures in the R -144 zone; however, the structures must be set back a minimum of 200' from any property line. Lots in the "R -144" Zone are only required to be 200' wide. This often creates a situation where a small structure may only be located in the very center of the lot, if one can fit at all. In addition, issues related to the maximum densities and minimum maintenance requirements for a particular species are not addressed in the current Code. Staff has reviewed various jurisdictions' animal- keeping regulations, including Pima County and the Cities of Tucson, Mesa, Chandler and Gilbert. Development standards for animal keeping vary greatly by community and are often inconsistent with one another. Staff recognizes the importance in providing requirements that parallel the Pima County Code while still ensuring the vision and goals of the Town of Marana. This recognition is intended to ease the transition process for potential annexations of rural County properties. Staff has also recognized the need to involve the Town's citizens to ensure the regulation of • animals is consistent with their expectations; the attached Land Development Code changes were mailed to several citizens that are involved in various forms of commercial and recreational animal keeping related activities. Staff also worked with representatives of the 4 -H and the FFA to ensure the Code changes were consistent with their policies and animal keeping standards. Staff has included the input of these individuals as appropriate. Title 3 — Definitions has been updated to include numerous definitions related to individual species and various animal related practices in order to help clarify the animal keeping regulations established throughout the Code. Examples of changes under this Title include clarifying Beekeeping through functional definitions related to apiaries, hives, and colonies; and defining Commercial Kennels as an economic venture, Veterinary Clinics as small and large animal practices, and defining several other pertinent types and species of animals and animal keeping practices. Title 5 — Zoning has been updated through several zoning.dgsignations, as necessary, in order to provide an updated and comprehensive list of permitted, accessory, conditional and prohibited uses for animal keeping. Section 05.05.03 has been re -titled Animal - Keeping Structures and Fencing and now provides the critical reference between the Title 5 u se regulations and the Title 8 development and performance standards. In the "AG" Zone stables, rodeo grounds, and riding arenas have been permitted outright. In the "R -144" Zone several permitted accessory and conditional animal keeping uses are now permissible. In the "CO" Zone small veterinary clinics are now permitted outright and in the "MU -1" Zone several animal keeping related practices and structures are now conditionally permitted. Title 8 — General Development Standards has been updated mainly through a completely new section entitled Animal Keeping and Related Structures. This new section outlines development standards pertaining to all zones based on animal type and use. Setbacks for structures and pens, maximum animal densities and minimum lot sizes are addressed in this section. This portion of the code also provides minimum maintenance and performance standards such as sanitation, water and shade requirements. Staff has provided for exceptions to Title 8 animal keeping requirements based upon commonly recognized 4 -H and FFA criteria. Staff has prohibited Bee keeping in all residential districts and has required that the keeping of more than 15 birds requires the construction of an aviary. Staff has also required a 3 acre minimum lot size for keeping ratites (ostriches and emus) and a maximum density of one swine per acre in a residential district. RECOMMENDATION: Town Staff has modified Title 3, Title 5 and Title 8 to reflect proposed changes in animal keeping standards within the Town and recommends that the amendments be approved as recommended unanimously by the Planning Commission on April 30, 2003. SUGGESTED MOTION: I move to approve Ordinance 2003.16, as presented, and Resolution 2003 -78 declaring Title 3, 5, and 8, as amended, a public record. Planning /Shared Files/TC Reports/071503 PCM -03036 Animal Keeping Titles 3 5 8.doc jf /rv:JS MARANA ORDINANCE NO. 2003.16 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE, TOWN OF MARANA, ARIZONA, AMENDING TITLES 3 — DEFINITIONS, 5 — ZONING, AND 8 - GENERAL DEVELOPMENT REGULATIONS, OF THE MARANA LAND DEVELOPMENT CO DE, ESTABLISHING AND OR REPLACING SEVERAL NEW DEFINITIONS AND ZONING REGULATIONS RELATED TO THE KEEPING OF ANIMALS AND DEFINING PERMITTED, ACCESSORY, CONDITIONAL, TEMPORARY AND PROHIBITED ANIMAL AND OR ANIMAL KEEPING USES, AS WELL AS ESTABLISHING AND OR REPLACING GENERAL MAINTENANCE AND DEVELOPMENT STANDARDS FOR THE KEEPING OF ANIMALS, AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF MARANA IN CONFLICT THEREWITH. WHEREAS, the Mayor and Council of the Town of Marana did, on May 14, 1984, approve Ordinance Number 84.04, thereby adopting a Land Development Code (the "Code ") for the Town of Marana; and WHEREAS, the Mayor and Council have amended y the Code from time to tune; and WHEREAS, the Code contains Title 3 — Definitions, Title 5 — Zoning, and Title - 8 General Development Regulations, which have provided regulations for the keeping of animals within the Town of Marana; and WHEREAS, Town of Marana Staff and Town Council find that the existing regulations are' incomplete and do not provide adequate or comprehensive regulation of animals and animal keeping practices consistent with the Town's objectives for enjoying animals within Town limits; and WHEREAS, Town Staffhas been directed by the Town Council to develop a comprehensive animal keeping ordinance; and WHEREAS, the Marana Planning Commission held a public hearing to discuss Staff's proposed animal keeping regulations and Land Development Code amendment to Titles 3, 5, and 8 on April 30, 2003, and its members voted to recommend approval of the proposed amendments to the Town Council by a unanimous vote; and WHEREAS, the Town Council held a public hearing on the request to amend Titles 3, 5, and 8 of the Code on July 15, 2003, to obtain input from town staff and the public on the proposed • amendments; and WHEREAS, the Mayor and Council find that approval of the proposed amendments is in the Marana Ordinance No. 2003.16 best interests of the residents and the businesses of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: _ Section 1: Titles 3, 5, and 8 of the Marana Land Development Code are hereby amended, by establishing and or replacing several new definitions related to animals and or the keeping of animals within Title 3, establishing and or replacing zoning regulations and defining permitted, accessory, conditional, temporary and prohibited animal and or animal keeping uses within Title 5, and establishing and or replacing general maintenance and development standards for the keeping of animals within Title 8, three copies of which are on file in the office of the Town Clerk of the Town of Marana, Arizona, having been declared a public record by adoption of Resolution 2003 -78. Section 2: Titles 3, 5, and 8 of the Marana Land Development Code are hereby amended by adding the new text as presented by Staff and the Planning Commission. Section 3: The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this Ordinance and portion of the Code. Section 4: All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of t he C ouncil i n c onflict w ith t he p rovisions o f t his O rdinance a re h ereby r epealed, effective as of the effective date of this Ordinance. Section 5: If any section, subsection, sentence, clause, phrase or portion of this Ordinance . is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15th day of July, 2003. ATTEST: Mayor BOBBY SUTTON, JR. APPROVED AS TO FORM_: Jocelyn C. Bronson Town Clerk Frank Cassidy As Town Attorney and not personally Marana Ordinance No. 2003.16 MARANA RESOLUTION NO. 2003-78 A RESOLUTION OF THE TOWN OF MARANA, ARIZONA, DECLARING AS A PUBLIC RECORD, THAT CERTAIN DOCUMENT ENTITLED "TITLE 3 - - `DEFINITIONS, TITLE 5 — ZONING, AND TITLE 8 — GENERAL DEVELOPMENT REGULATIONS OF THE MARANA LAND DEVELOPMENT CODE," THREE COPIES OF WHICH ARE ON FILE IN THE OFFICE OF THE TOWN CLERK. BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that certain document entitled "Title 3 — Definitions, Title 5 — Zoning, and Title 8 — General Development Regulations of the Marana Land Development Code," three copies of which are on file in the office of the Town Clerk, is hereby declared to be a public record, and said copies are ordered to remain on file with the Town Clerk. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15th day of July, 2003. ATTEST: Mayor BOBBY SUTTON, JR. Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy As Town Attorney and not personally Mama, Arizona Resolution No. 2003 -78 — page I of I 03.08 Definitions "H" HIVE: A MOVABLE -FRAME RECEPTACLE USED FOR KEEPING BEES WHICH MAY CONSIST OF ONE OR MORE FRAMES ON A SINGLE BOX STAND. Home Child Care Center Any single residence dwelling in which child care is regularly provided for compensation for five (5) or more, but not more than ten (10) children not related to the proprietor. The proposed child care center shall meet all requirements for certification by the State Department of Health. Home Occupation Any activity carried out for gain by a resident, conducted as an accessory use in the resident's dwelling unit. A home occupation shall not exceed�25% of the gross floor area of a dwelling, shall not involve persons who are not permanent residents of the residence unless approved through the Conditional Use Permit procedure as provided in Section 10.10. A home occupation shall not display on -site advertising or identification signs or have external evidence of the conduct of the home occupation, shall maintain the required residential off - street parking, shall not create off- street or on- street parking, vehicular or pedestrian traffic which is greater than that normally associated with a solely residential use of the premises on which the home occupation is conducted and shall not create conditions that are a nuisance to neighboring properties. Equipment which is visible from off -site or which creates audible interference in radio and television receivers or causes fluctuations in line voltage outside the dwelling using it is prohibited. Hospital Any building or portion thereof used for the accommodation and medical care of sick, injured or infirm persons and including sanitariums, institutions for the cure of chronic drug addicts and mental patients. Hotel A building containing six or more guest rooms, in which lodging is provided and offered to the public for compensation and which is open to transient guests, together with commercial accessory uses operated primarily for the convenience of the guests thereof. HOUSEHOLD PETS ANY ANIMAL COMMONLY ACCEPTED AS A DOMESTICATED PET AND HOUSED WITHIN THE PRIMARY RESIDENTIAL STRUCTURE. 08 04 01 Development &andards llnt�. s otherwise n� #�d�th�reg tign of a 1t imal den it s rmitte _ d within_this b— ection smell not_ao.ply-to_._un weaned enamels QR HQt1 SEHQLD _PET$..Qertain_.Qmissi_ons tq the fo }lowing sub section r�gutations md�4e maSlc when�nimal keeping and relal d5tructures are s ota nsorad !�y the 4 -H Cl.u-b e Farmers Qf Ameri _or other �imiiar n�rorofit prganjzation, provided that a letter�f authprizatic�n_frgm the.sppnSOrincLOrcLanization is $ut?mitted tp the Tpwn aeknowled that the project is in fact sponsored by the organization. describing the project and stating its length of time. 03.08 Definitions "H" HIVE: A MOVABLE-FRAME RECEPTACLE USED FOR KEEPING BEES WHICH MAY CONSIST OF ONE OR MORE FRAMES ON A SINGLE BOX STAND Home Child Care Center Any single residence dwelling in which child care is regularly provided for compensation for five (5) or more, but not more than ten (10) children not related to the proprietor. The proposed child care center shall meet all requirements for certification by the State Department of Health. Home Occupation Any activity carried out for gain by a resident, conducted as an accessory use in the resident's dwelling unit. A home occupation shall not exceed %o of the gross floor area of a dwelling, shall not involve persons who are not permanent residents of the residence unless approved through the Conditional Use Permit procedure as provided in Section 10.10. A home occupation shall not display on -site advertising or identification signs or have external evidence of the conduct of the home occupation, shall maintain the required residential off - street parking, shall not create off- street or on- street parking, vehicular or pedestrian traffic which is greater than that normally associated with a solely residential use of the premises on which the home occupation is conducted and shall not create conditions that are a nuisance to neighboring properties. Equipment which is visible from off -site or which creates audible interference in radio and television receivers or causes fluctuations in line voltage outside the dwelling using it is prohibited. Hospital Any building or portion thereof used for the accommodation and medical care of sick, injured or infirm persons and including sanitariums, institutions for the cure of chronic drug addicts and mental patients. Hotel A building containing six or more guest rooms, in which lodging is provided and offered to the public for compensation and which is open to transient guests, together with commercial accessory uses operated primarily for the convenience of the guests thereof. HOUSEHOLD PETS ANY ANIMAL COMMONLY ACCEPTED AS A DOMESTICATED PET AND HOUSED WITHIN THE PRIMARY RESIDENTIAL STRUCTURE. 08.04.01 Development Standards Unless_otherwi�e_noted;. th._rglation pf nim.al d..an itieermitte4l within this ub- section shall t aptly to un- w.e_ned _animals OR. HQt 1EHQ.LD_PET:�Gertain omi$sion� to the following sub sc ion r� Cations m .y_b m ewhen_ nq an r I t2 tr tures are sport or b-y the 4 - �I . F to F.arme of Rm rica_or other similar nonprofit orcLaniz t_ __ rovi that a IIttaLQf authorizatipn from the_$pon$orinq or�ani�ation is $u�m ttterf to th�T2wn acknowledging t hat the proiect is in fact sponsored by the organization. describing the project and stating its length of time. e DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE TITLE 3 DEFINITIONS SECTIONS: 03.00 General Usage 03.01 Definitions "A" 03.02 Definitions "B" 03.03 Definitions "C" 03.04 Definitions "D" 03.05 Definitions "E" 03.06 Definitions "F" 03.07 Definitions "G" 03.08 Definitions "H" 03.09 Definitions "I" 03.10 Definitions "J" 03.11 Definitions "K" 03.12 Definitions "L" 03.13 Definitions "M" 03.14 Definitions "N" 03.15 Definitions "O" 03.16 Definitions "P" 03.17 Definitions "0" 03.18 Definitions "R" 03.19 Definitions "S" 03.20 Definitions "T" 03.21 Definitions "U" 03.22 Definitions "Y' 03.23 Definitions "W" 03.24 Definitions "X" (Reserved) 03.25 Definitions "Y" 03.26 Definitions "T' (Reserved) 03.00 General Usage The definitions provided for in this article shall apply throughout these regulations, unless a different meaning is clearly indicated by a context or the term is defined differently in any other section. The words, phrases, and terms shall be deemed to have the meaning ascribed to them in the following paragraphs. When consistent with the context, words used in the present tense include the future; words in the singular include the plural; and those in the plural include the singular. A. The word "Council" shall mean the Town Council of Marana. B. The word "Building" includes the word "Structure ". C. The word "Shall" is mandatory and the word "May" is permissive. D. The word "Used" includes the words "arranged for, designed for, occupied or intended to be occupied for ". E. The words "Building" or "Structure" include any part thereof. LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 1 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE F. A "Person" includes a corporation, a partnership, and an unincorporated association of persons such as a club. 03.01 Definitions "A" Abutting Two (2) adjoining properties having,a common properly line or boundary. Access or Accesswav The place, means, or way by which pedestrians and vehicles shall have safe and usable ingress and egress to a property. Accessory Building A subordinate building or portion of a main building on the same lot or building site, incidental to that permitted in the main building, or to the land u pon which the main building is located. Accessory Use A use incidental or subordinate to the principal use of a lot or building and devoted exclusively to the main use of the lot or building thereon. Acre 43,560 square feet. PA IARY A PLACE WHERE BEES ARE KEPT FOR THEIR HONEY, GENERALLY Formatted: Fontcolor: Dark Red, CONSISTING OF A NUMBER OF HIVES. All caps AVIARY L ARGE CAGE OR BUILDING SPECIFICALLY DESIGNED FOR KEEPING BIRDS. 03.02 Definitions "B" Buildable Area The lot area where a building can be placed after yard setbacks and easements are deducted. Builder The builder is the purchaser of a development area, or portions of a development area who will build or provide for building within their areas of ownership. The builder is responsible for implementation of those facilities within each of the development areas, and ancillary facilities within the spine infrastructure system. Building: Any structure having a roof and walls built and maintained for the support, shelter, or enclosure of persons, animals, chattel, or property of any kind including an apartment house, hotel or dwelling, single or in combination. Buildinq Height The vertical distance between the finished floor elevation and the highest point of the building, excluding chimneys, vents and antennae, provided the finished floor elevation is no higher than 2' above any adjacent grade within 4' of the building. Building Main: A building within which is conducted the principal use permitted on the lot. Building Setback The distance a building must be set back from a specified point. Building Site The ground area of a building or buildings together with all open spaces adjacent thereto. Business or Commercial The purchase, sale or other transaction involving the handling or disposition, other than that included in the term "industry" as defined herein, of any article, substance or commodity for profit or gain. 03.03 Definitions "C" Camp. Farm Labor A building or complex of buildings located on an operating farm that is intended to house farm workers and /or their families on a seasonal basis. LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 2 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE Child Care Center A facility providing compensated nonresidential care and supervision to more than ten children. Also termed a day nursery. Church A building or group of buildings used primarily as a place of communion or worship. "Church" includes convents, religious educational buildings and parish houses, but not parochial schools. .COLONY A CONTROLLED HONEY BEE BROOD INCLUDING A SINGLE QUEEN -- Formatted: Font color: Dark Red, _,., - ---- --- -- ------ - BEE, DR R ONES, AND WORKERS. ------------------------------------------------------- ---------------- - - - - -- All caps Commission The Town of Marana Planning Commission. Common Area An area of common access designed to serve two or more separate dwelling units which may or may not be under separate ownership. Condominium A form of real estate structure ownership established through the subdivision of real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the building owners of the separate portions. Real estate is not a condominium unless the individual interests in the common element are vested in the building unit owners. Condominium Project A plan or a project involving a building that is owned or offered for sale, or is projected to be owned or offered for sale to two or more persons who will separately own defined dwelling unit space, together with an undivided interest in common areas or facilities of the property. The term shall also refer to the entire real property when so indicated by the context of this code. County Pima County, Arizona. Crop, Agricultural The growing of crops in the soil in the customary manner in the open; including the processing, wholesaling, and retailing of such grown agricultural products when such activities are performed on the premises on which the crops are raised. The term does not include the raising of livestock. Cul -de -sac A local street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement. 03.04 Definitions "D" .DAIRY FARM _ DAIRYANIMALS ARE KEPT FOR MILKING AND Formatted Font color: Dark Red FROM WHICH A PART OR ALL OF THE MILK !S SOLD, OFFERED FOR SALE OR -- All caps SUPPLIED FOR HUMAN CONSUMPTION, AND INCLUDES ALL BUILDINGS, YARDS Formatted: Font: Italic, Font color: AND PREMISES OCCUPIED OR USED IN CONNECTION WITH THE PRODUCTION Dark Red, All caps OF MILK J Formatted: Font color: Dark Red, All caps Densi : The number of dwelling units that may be constructed per a unit of measure of Formatted: Font color: Dark Red land area. Usually expressed using the acre as the unit of measure. All caps Formatted: Font color: Dark Red, Developer Any person, including a governmental agency, undertaking any All caps development as defined in these regulations. Development Code The zoning code of the Town of Marana and overlay regulations including those which might deal with floodplains, hillside or slope protection, and related regulations; subdivision regulations, sign regulations, and all other land use regulations contained within this division of the Town of Marana Municipal Code. Driveway A private method of vehicular access contained fully within a lot. LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 3 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE Drought Tolerant Vegetation Low water use plants, which after established, survive within the Sonoran Desert climate with little or no supplemental watering. Duplex A residential building containing two dwelling units. Dwelling A building or portion thereof, designed and used exclusively for residential occupancy, including one - family, two- family, and multiple dwellings, but not including hotels, boarding or lodging houses. Dwelling. Single Family A building designed for occupancy by one family as a residence and contains only one kitchen. Dwelling. Multiple - Family A residential building containing two or more dwelling units, each designed for occupancy by an individual or one family as a residence. 03.05 Definitions "E" Easements A space on a lot or parcel of land defined on a subdivision map, in a deed restriction, or separate document, reserved for and /or used for public utilities, ingress and egress, drainage or other special purposes. Enterprise An individual or organization engaged in a single type of business or governmental activity as classified and defined by the United States Standard Industrial Classification Manual at the two -digit level. 03.06 Definitions "F" Family One or more individuals occupying a dwelling unit and living as a single housekeeping unit. .FEEDLOT ANY FENCED AREA USED COMMERCIALLY FOR THE EXPRESS „- Formatted: Font color: Dark Red, PURPOSE OF FATTENING LIVESTOCK FOR SLAUGHTER OR SAL All caps Final Plat A ma of all or art of a subdivision essential) conforming to an approved Formatted: Font color: Dark Red, p p y f i g pp All caps preliminary plat, and prepared in accordance with the provisions of the Town of Marana subdivision regulations. Flood A temporary rise in flow or stage of any stream, watercourse or lake that may result in water overtopping its banks and inundating adjacent areas. Floodplain Areas of I and adjoining o r near t he channel of a watercourse which h as been or may be hereafter covered by flood water, and which functions as a temporary channel or reservoir for overbank flow. Floodplain Board The Town Council of Marana. Floodwav A delineated area, as determined by a hydraulic analysis approved by the Town of Marana Engineer, where the hypothetical encroachment into the floodplain will allow passage of the regulatory flood without increasing the flood height more than one foot. Additional hydraulic criteria that will be applied to determine the boundaries of the floodway are: 1). equal flow conveyance removal will be assumed from each side of the floodplain, and 2). the exact boundary of the floodway will be selected so that its alignment will ultimately be streamlined in relation to upstream and downstream developments. Floor A rea Ratio ( FAR) A ratio expressing the a mount of square feet o f f loor a rea permitted for every square foot of land area within a site. The FAR is usually expressed as a single number. LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 4 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE FOWL: A _ B LI IRD OF A TYPE THAT IS USED TO PRODUCE MEAT OR EGGS,___------ GS, __ - - - --- Formatted: Font color: Dark Red, INCLUDING, BUT NOT MITED TO, CHICKENS, DUCKS, TURKEYS, AND All caps PEACOCKS. Frontage All property fronting on one (1) side of a street between a street and a right - of -way, or between intersecting or intercepting streets, or to the end of a dead -end street. An intercepting street shall determine the boundary of the frontage on the side of the street that it intercepts. 03.07 Definitions "G" Garage. Private An accessory building or portion of the main building, designed or used for the shelter or storage of self propelled vehicles owned or operated by the occupants of the main building. Gasoline Service Stations A retail establishment primarily engaged in selling petroleum products, but not including auto repair shops, body and fender works, similar repairing and painting uses, or mechanical or stream washracks. General Plan The Town of Marana General Plan. Gross Floor Area The sum of the areas of all horizontal surfaces of a building, measured from outside surface to outside surface. Grade The average of the finished ground level at the center of all of the exterior walls of a building. In case the front wall is parallel to and within five (5) feet of a sidewalk, the grade shall be measured at the sidewalk at the centerline of the front of the lot. Guest House Living quarters for guests, relatives, or servants on the premises in an accessory building or attached to the principal residence. 03.08 Definitions "H" HIVE: A MOVABLE -FRAME RECEPTACLE USED FOR KEEPING BEES WHICH MAY Formatted: Font color: Dark Red, CONSIST OF ONE OR MORE FRAMES ON A SINGLE BOX STAND. All caps Home Child Care Center Any single residence dwelling in which child care is regularly provided for compensation for five (5) or more, but not more than ten (10) children not related to the proprietor. The proposed child care center shall meet all requirements for certification by the State Department of Health. Home Occupation Any activity carried out for gain by a resident, conducted as an accessory use in the resident's dwelling unit. A home occupation shall not exceed 25% of the gross floor area of a dwelling, shall not involve persons who are not permanent residents of the residence unless approved through the Conditional Use Permit procedure as provided in Section 10.10. A home occupation shall not display on -site advertising or identification signs or have external evidence of the conduct of the home occupation, shall maintain the required residential off - street parking, shall not create off - street or on- street parking, vehicular or pedestrian traffic which is greater than that normally a ssociated w ith a solely residential use of t he p remises on w hich t he home occupation is conducted and shall not create conditions that are a nuisance to neighboring properties. Equipment which is visible from off -site or which creates audible interference in radio and television receivers or causes fluctuations in line voltage outside the dwelling using it is prohibited. LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 5 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE Hospital Any building or portion thereof used for the accommodation and medical care of sick, injured or infirm persons and including sanitariums, institutions for the cure of chronic drug addicts and mental patients. Hotel A building containing six or more guest rooms, in which lodging is provided and offered to the public for compensation and which is open to transient guests, together with commercial accessory uses operated primarily for the convenience of the guests thereof. 03.09 Definitions "I" Improvement Any man -made immovable item which becomes part of, places upon, or is affixed to real estate. Improvements are typically required to be installed as a condition of approval or acceptance of a development. They may include, but are not limited to, roads, water facilities, easements, traffic control devices, utility lines, and other similar facilities. Industry The manufacture, fabrication, processing, reduction or destruction of any article, substance or commodity, or any other treatment thereof in such a manner as to change the form, character, or appearance thereof. Ingress Access or entry. Intervening property Property located between an existing public right -of -way or existing public u tility a asement and t he I and within a subdivision or other large s Gale development. 03.10 Definitions "J" Junk (Salvage) Yard A place where scrap, waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, handled, or stored in the open, including, but not limited to, automobile wrecking yards, used lumber yards, and places or yards for the storage of salvaged house wrecking and structural steel materials, and equipment. This excepts farming operations, or where such activities are conducted entirely within a completely enclosed building and where salvaged m aterials are kept incidental to manufacturing or other industrial or agricultural operations conducted on the premises. 03.11 Definitions "K" �_ -_ Any _ Formatted Font color: Auto ,KENNEL :_ ANY ENCLOSURE, PREMISES BUILDING, STRUCTURE, LOT OR AREA Formatted: Font color: Dark Red, WHERE DOGS, CATS, OR OTHER ANIMALS ARE KEPT, RAISED, SOLD, BOARDED, All caps BRED, SHOWN, TREATED OR GROOMED FOR ECONOMIC GAIN. 03.12 Definitions "L" Landscaping Making an area attractive through the use and arrangement of living vegetation, such as trees, bushes, and groundcovers, together with inert materials such as wood, rocks, brick, and decomposed granite. Land Splits The division of improved or unimproved land whose area is two and one - half acres or less into two or three tracts or parcels of land for the purpose of sale or lease. Land Use A description of how land is occupied or utilized. LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 6 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE .LARGE LIVESTOCK INCLUDES CATTLE, HORSES, OXEN, DONKEYS, MULES,___------ Formatted: Font color: Dark Red, LLAMAS, AND OTHER SIMILAR ANIMALS. All caps Large Scale Development For zones A -F, any planned unit development, condominium project, mobile home park, recreational vehicle park, planned shopping center, planned industrial park, group dwelling, apartment building complex, or farm labor camp located on a lot or parcel of land that is larger than 2.5 acres and which is planned and developed as a single entity or which contains land or facilities that are held as common properties. LIVESTOCK AUCTION YARD A PARCEL OF LAND AND ACCOMPANYING Formatted: Font color: Dark Red, BUILDINGS USED FOR THE SALE BY AUCTION OF LIVESTOCK OFFERED ON All caps CONSIGNMENT. Local Street A street whose purpose is to provide access to property, provide vehicular linkage within a residential or nonresidential neighborhood, but not necessarily through movements. Lot: A tract of land bounded on all sides by property lines, of sufficient size to meet minimum zoning requirements, of use, coverage, area, setbacks, and other areas as required by these regulations with legal access to a public street. Lot Area The total land area, measured in a horizontal plane, included within the lot property lines. Lot, Corner A lot located at the intersection of two (2) or more streets. Lot Coverage The area of a site occupied by buildings, storage areas, and areas allocated to vehicular parking, maneuvering, and service. Lot Depth The horizontal distance between the front and rear lot lines. Lot Frontage The length of the lot line abutting a street. Lot Improvement Any building, structure, place, work of art, or other object or improvement of the land on which they are situated constituting a physical betterment of real property, or any part of such betterment. Lot. Interior A lot other than a corner or key lot. Lot, Kev Any lot where the side lot line abuts the rear lot line of other lots. Lot, Larne For zones A -F, any lot occupying 25 acres or more. Lot Line A line of record bounding a lot. Lot Line, Common Any side or rear property line which adjoins or abuts another side or rear property line, not including side or rear property lines abutting a street or alley. Lot Line, Front The lot line separating a lot from a street. Lot Line, Rear 1. The lot line which is opposite and most distant from the front lot line. 2. The rear lot line of an irregular, triangular or gore lot shall, for the purpose of this code, be a line entirely within the lot at least ten feet along and parallel to and most distant from the front lot line. Lot Line, Side LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 7 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 1. Any lot line not a front lot line or a rear lot line. 2. A side lot line separating a lot from a street is a street lot line. 3. A side lot line separating a lot from another lot is an interior side lot line. Lot, Medium Size For zones A -F, any lot occupying more than 2.5 acres but less than 25 acres. Lot. Small For zones A -F, any lot occupying 2.5 acres or less. Lot Width The mean horizontal width of the lot measured at right angles to the lot depth. 03.13 Definitions "M" Major Street A street so designated on the adopted Marana Transportation Plan. Manufactured Home A single - family dwelling structure transportable in one or more sections manufactured after June 15, 1976, to standards established by the U.S. Department of Housing and Urban Development. The structure is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities. Manufactured Home Park A residential use in which more than two manufactured home spaces are located on a single site area. The spaces may be leased, rented or sold. If the individual spaces are sold, the remainder of the use must be in the common ownership of all unit owners. Model Home A dwelling unit used initially for display purposes which typified the type of units that will be constructed in the subdivision. Motel A facility offering transient lodging accommodations of six or more rental units. A majority of all rental units have direct access to the outside without the necessity of passing through the main lobby of the building. Guests are generally traveling by automobile and parking is located convenient to each unit. Multiple Family Structure A building, located on one lot, containing two or more dwelling units. Also known as multifamily structure. 03.14 Definitions "N" Native Vegetation Plants indigenous to an area. Nearby Land For zones A -F, land lying within one - quarter of a mile of a small lot, within one -half mile of a medium size lot, and within one mile of a large lot. Nonconforming A parcel or land, or a building or structure, or portion thereof, or a use which does not conform to the provisions of this Development Code, and which existed prior to the effective date thereof. Nuisance Annoying, unpleasant or obnoxious and out of character with the neighboring area. Nursery 1. A place where young trees or other plants are raised for transplanting or for sale. 2. Does not include commercial fertilizer yard or processing plant. 03.15 Definitions "O" LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 8 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE Off -Site Any premises not located within the area of the property to be subdivided or developed whether or not in the same ownership of the applicant to subdivision or development approval. Off - Street Parking Parking of motor vehicles that is not located on a street, or public way. On -Site Of or pertaining to a space within the boundaries of a subdivision lot or parcel. Open Space Any area to be kept in open uses including active and passive recreational lands, desert, floodways, floodplains, parks, and greenbelts. 03.16 Definitions "P" Parcel of Land Any quantity of land capable of being described with such definiteness that its location and boundaries may be established, which is designated by its owner or developer a s land to b e used o r d eveloped a s a u nit. Parcel includes an a asement supporting or related to a primary parcel, and a condominium unit. Parking Lot Any area of a site or structure used as a parking area for more than four (4) motor vehicles. Parking Space, Standard A space not less than twenty (20) feet in length and not less than nine (9) feet in width for the parking of a motor vehicle, exclusive of driveways and ramps. Permitted Use A land use allowed as a property right within a zoning category subject only to the requirements listed for that use. Phase A portion of a development project scheduled for construction and occupancy as an entity apart from other phases of the development. Planning Administrator The Town of Marana Planning Administrator. Plat: A map of a subdivision. Preliminary Plat A preliminary map, including supporting data, indicating a proposed subdivision design prepared in accordance with the provisions of the Town of Marana subdivision regulations. Premises A zoned lot, together with the buildings and other structures located thereon. Primary Arterial A road intended to move traffic to and from such major attractions as villages, regional shopping centers, colleges and /or universities, major industrial areas and similar traffic generators within Marana and /or as a route for traffic between communities or large areas. Principal Structure A structure in which the principal use of the lot is conducted. Principal Use: The primary or predominant use of any lot. Public Improvement Any drainage ditch, roadway, parkway, sidewalk, pedestrian way, tree, lawn, off - street parking area, lot improvement or other facility for which the Town of Marana may ultimately assume the responsibility for maintenance and operation. 03.17 Definitions "Q" Quasi - Public Land Use Use of the land by private, not - for - profit institutions or organizations for purposes which may, in fact, be public uses, or which may be restricted to a particular group, but which generally involve the use of the land or the facility LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 9 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE located thereon by a large number of people; including but not limited to churches, private schools, not - for - profit social organizations, hospitals, welfare organizations, or non - profit medical centers. 03.18 Definitions "R" RAC The permitted number of residences per gross acre (43,560 square feet of land area). .RATITE MEMBEA RS OF THE GROUP RATITAE; LARGE FLIGHTLESS BIRDS, . Formatted: Font color: Dark Red, INCLUDING .RATITE .... - EMUS - - -------OSTRICHES. ---------------------- - - - - -- All caps Recorded Plat: A final plat bearing all of the certificates of approval required by Arizona Revised Statutes, and by the Town of Marana subdivision regulations, and recorded by the Pima County Recorder. Recreational Vehicle (R.V.) A unit, designed to provide temporary living quarters, built into as an integral part of or attached to a self - propelled motor vehicle chassis or to be towed by a motor vehicle. The unit contains permanently installed independent life support systems which provide at least four of the following facilities: cooling, refrigeration or ice box, self - contained toilet, heating and /or air conditioning, a potable water supply system including a faucet and sink, separate 110 -125 volt electrical power supply and /or LP gas supply. Recreation Vehicle Park A parcel of land under single or common ownership where two or more spaces are leased, rented or sold for occupancy of an R.V. A fee may or may not be charged for the use of the individual space. Recreational Vehicle Space An area within the R.V. Park for the placement of an R.V. unit, in addition to any exclusive use area adjacent to the unit set aside for the occupants of the R.V., such as patio or parking space. Registered Engineer An engineer properly licensed and registered in the State of Arizona. Registered Land Surveyor A land surveyor properly licensed and registered in the State of Arizona. Regulatory Flood The park discharge of the 100 -year flood. It is representative of large floods known to have occurred generally in the same region and reasonably characteristic of what can be expected to occur on a particular stream or watercourse. The regulatory flood generally has an average frequency or recurrence interval of 100 years. Each year there is a one percent chance that an equal or greater flood will occur at that site. Regulatory Flood Elevation The water surface elevation of the regulatory flood for watercourses where supercritical velocities are encountered. The critical depth will be used for determining the regulatory flood elevation. Regulatory Floodplain That portion of the natural floodplain that would be inundated by the regulatory flood. Research Laboratory 1. An administrative, engineering, specific research, design or experimentation facility. LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 10 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 2. Shall include research on such things as electronic components, optical equipment, etc. Restaurant An eating establishment where meals may be bought and eaten, also allowing the sale of alcoholic beverages. ,RIDING A REN600DEO GROUNDS, PRIVATE AN ENCLO -AREA --USED -- FOR - - - -- Formatted: Font color: Dark Red, - - - ---------------------------------- - - - - - THE PURPOSE OF RIDING AND TRAINING HORSES OR OTHER LIVESTOCK FOR All caps PRIVATE ENJOYMENT. Formatted: Font color: Dark Red, , All caps RIDING ARENABODEO GROUNDS, PUBLIC AN ENCLOSED AREA USED FOR Formatted: Font color: Dark Red, THE PURPOSE OF RIDING, TRAINING, OR SHOWING HORSES OR OTHER All caps LIVESTOCK, OR FOR THE PURPOSE OF COMPETITION INVOLVING THOSE Formatted: Font color: Dark Red, ANIMALS. All caps Right- Of -Wav A strip of land occupied or intent to be occupied by a street, crosswalk, Formatted: Font color: Dark Red, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm All caps sewer main, or for another special use. The usage of the term "right -of -way" for land platting purposes shall mean that every right -of -way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right -of- way, and not included within the dimensions or areas of such lots or parcels. Rights -of- way intended for streets, crosswalks, water mains, sanitary sewers, storm drainages, or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right -of -way is established. ODENT: NY MEMBER OF THE ORDER RODENTIA, SUCH_AS„BUT NOT LIMITED .- Formatted: Font color: Dark Red, TO: MICE, RABBITS, AND HARES - . - - - -- -------------------- - - - - -- - All caps Dark Red, Roof The outside top covering of a building. Formatted: Font color: All caps 03.19 Definitions "S" Formatted: Font color: Dark Red, Sale or Lease Any immediate or future transfer or ownership including contract of sale All caps or transfer, of an interest in a subdivision or part thereof, whether by metes and bounds, deed, contract, plat, map or other written instrument. Screen A barrier that functions to shield, protect or conceal. Setback A distance from a set point. Significant Change in Land Use For zones A -F, any change in land use that will: (1) more than double the household or enterprise density of the land in question within one year; or (2) change the nature of the activity on the land from residential (including renter occupied housing) to non - residential; or (3) change the nature of any business, industrial, or quasi- public use of the land (including agriculture use) to any use that would fall in a different Standard Industrial Classification at the major group level, except where such other use is already in existence on land immediately adjacent to the site of the proposed change; or (4) be reasonably expected to more than double the use of nearby streets or other public facilities within one year. Notwithstanding, however, for small lots that have been vacant, upon which there have been no building or buildings, a change in land use from vacant to any use similar to one or more existing land uses on immediately adjacent lots shall be deemed not significant. A similar and competing business enterprise shall not be considered to be antagonistic to any existing business enterprise for the purposes of this Code. LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 11 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE Similar Land Use For zones A -F, land use of the same or lesser density of households, if residential, or if non - residential use of the land by an activity classified as within the same two -digit Standard Industrial Classification Code as enumerated by the United States Standard Industrial Classification Manual. Single Family Dwelling. Attached A dwelling unit attached to one or more dwelling units by structural elements common to the attached units with each dwelling unit located on its own individual lot. The structural elements include common wall construction, roof, or other similar improvement. Elements like trusses, beams, and patio walls are not included. Single Family Dwelling, Detached A dwelling unit which is not attached to any other swelling unit by any structural elements and located on its own separate lot. Sign Includes all outdoor advertising on any card, cloth, paper, plastic, metal, painted glass, wood or stone, and any and all devices, structural or otherwise, lighted or unlighted, painted or not painted, attached to, made a part of, or placed in the window of, or in the front, rear, sides or top of any structure or on any land or any tree, wall, bush, rock, post, fence, building or structure and visible from any public or private street, way, thoroughfare, alley or walk, which device announces or directs attention to the name or nature of a business, occupant of a structure, building or land or the nature or type of goods, services or projects, produced, sold, stored, furnished or available at the location or at any other location, including signs specifically for the sale of real property. Site: The land area designated for a development project, exclusive of any abutting public right -of -way. The land area can be a portion of a lot, a single lot, or can consist of more than one lot. SMALL LIVESTOCK INCLUDES SHEEP, GOATS, MINIATURE HORSES AND_ _,__ -- Formatted: Font color: Dark Red, - - - -- -- - -- - OTHER SIMILAR ANIMALS. I All caps Specific Plan A p recise plan for a specific p iece o f property, o r p roperties, typically under single ownership, which contains all the elements as specified within these regulations, and which has been adopted by the Town Mayor and Council, and which may supersede these land use regulations as they might otherwise apply to the specified property. STABLES. PUBLIC STRUCTURES WHERE ANIMALS, ARE_ KEPT FOR SALE OR Formatted: Font color: Auto, All HIRE; BREEDING, BOARDING, AND OR TRAINING. caps STABLES, PRIVATE STRUCTURES WHERE A NIMALS ARE K EPT .FOR PRIVATE Formatted: Font color: Auto, All ------------------------------------ - - - --- - - -- -- -- ------ - - - - -- caps U .......................... — ---------------------------------------- - - - - -- Formatted: Font color: Auto, All STOCKYARD A PENNED ENCLOSURE, OR STRUCTURE, WHERE SMALL OR caps LARGE LIVESTOCK ARE MAINTAINED TEMPORARILY FOR THE PURPOSE OF Formatted: Font color: Auto, All SLAUGHTERING, MARKETING OR SHIPPING. caps Story A space in a building between the surface of any floor and the surface of the floor Formatted: Font color: Auto next above, or if there is no floor above, then the space between such floor and the FF p r ' matted: Font color: ceiling or roof above. Street Any existing or proposed street, avenue, boulevard, road, land, parkway, place, bridge, viaduct or easement for public vehicular access or a street shown in a plat heretofore approved pursuant to the Town of Marana, Pima County, State of Arizona or other governmental unit regulations, or a street on a plat duly filed and recorded in the Pima County Recorders office which has been approved by a unit of government. A LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 12 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE street includes all land within the street right -of -way whether improved or unimproved, and includes such improvements as pavement, shoulders, curbs, gutters, sidewalks, parking space, bridges and viaducts. Street. Arterial A street which serves or is intended to serve as a major way by which traffic may be conveyed between the Town of Marana and other communities as well as between major population or activity concentrations within the Town of Marana. Arterial Streets are designated in the Transportation Plan element of the Town General Plan, and are generally one -mile apart on Section lines. Street Center Line The centerline or monument line of a street or road right -of -way as established by an official survey. Street. Collector A street which is supplementary to an arterial street and serves, or is intended to serve, to convey traffic between neighborhoods or similar areas within Town. Collector Streets are typically at half -mile points within a Section. Streets, Minor Any dedicated street serving as the principal means of access to property which is not shown on the Town Transportation Plan as an Arterial or Collector street. Street Right -Of -Way Width The distance between property lines measured at right angles to the center line of the street. Structure Anything constructed or built, any edifice or building of any kind, or any piece of work artificially built up or composed or put together in some definite manner, which requires location on the ground. Subdivider A person, firm, corporation, partnership, association, syndicate, trust or other I egal entity that f iles application and i nitiates p roceedings f or the s ubdivision of land in accordance with the provisions of State law or Town of Marana regulations. An individual serving as agent for such legal entity is not a subdivider. Subdivision Improved or unimproved land or lands divided for the purpose of financing, sale or lease, whether immediate or future, into four or more lots, tracts or parcels of land, or, if a new street is involved, any such property which is divided into two or more lots, tracts, or parcels of land, or any such property, the boundaries of which have been fixed by a recorded plat, which is divided into more than two parts. "Subdivision" also includes any condominium, cooperative, community apartment, townhouse or similar project containing four or more parcels, in which an undivided interest in the land is coupled with the right of exclusive occupancy of any unit located thereon, but plats of such projects need not show the buildings or the manner in which the buildings or airspace above the property shown on the plat are to be divided. "Subdivision" does not include the following: 1. The sale or exchange of parcels of land to or between adjoining property owners if such sale or exchange does not create additional lots. 2. The partitioning of land in accordance with other statutes of the State of Arizona regulating the partitioning of land held in common ownership. 3. The leasing of apartments, offices, stores or similar space within a building or trailer park, not to mineral, oil or gas leases. Subdivision Design Street alignment, grades and widths, alignment and widths of easements and rights -of -way for drainage and sanitary sewers and the arrangement and LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 13 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE orientation of lots asset forth in the Town of Marana Subdivision regulations or design manuals, or both. Subdivision Improvement The required installations, pursuant to the Town of Marana subdivision regulations, including grading, sewer and water utilities, streets, easements, traffic control d evices as a condition t o t he approval a nd acceptance of t he final p lat thereof. SWINE_ ANY HOOFED ANIMAL OF THE PORCINE SPECIES, SUCH AS A PIG. Formatted Font color: Dark Red - - - - -- ----- - - - - -- - - - - - -- ------------------------------- - - - - -- - -�'- All caps 03.20 Definitions "T" Temporary Use Any use allowed for a specified period of time. A use not of a permanent nature. Town The Town of Marana, Arizona. Town Board of Adjustment The Town Council of Marana, convened as the Board of Adjustment. Town Council The Town Council of Marana. Town Engineer The Town Engineer of Marana. Townhouse A single - family dwelling, attached, in which each unit has its own separate front entrance, and no unit is located over another unit. Transportation Corridor Land that is occupied by transportation facilities, including airports, railroads, roads, irrigation canals, or public utility line, or which is immediately adjacent to such facilities, and which has been designated for the purpose of accommodating such modes of transportation and related uses. 03.21 Definitions "U" Use: The purpose for which land or a building is arranged designed or intended, for which either land or building is or may be occupied or maintained. Utilities Services such as natural gas, electricity, water, telephone, and cable television. 03.22 Definitions "V" Variance An exception to the provisions of these regulations. VETERINARY CLINIC OR ANIMAL HOSPITAL, LARGE ANY ESTABLISHMENT ___ _ _ __ Formatted: Font color: Dark Red, MAINTAINED AND OPERATED BY A LICENSED VETERINARIAN FOR THE All caps DIAGNOSIS AND TREATMENT OF DISEASES AND INJURIES OF ANIMALS INCLUDING LARGE AND SMALL LIVESTOCK. VETERINARY CLINIC OR ANIMAL HOSPITAL SMALL ANY ESTABLISHMENT MAINTAINED AND OPERATED BY A LICENSED VETERINARIAN FOR THE DIAGNOSIS AND TREATMENT OF DISEASES AND INJURIES OF ANIMALS INCLUDING DOMESTIC PETS. Vicinity Plan A map showing the relationship of a project or lot to adjacent streets, lots, and structures. 03.23 Definitions "W" Walls An upright opaque structure of wood, stone, brick, etc., serving to enclose, divide, support, protect, or screen. LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 14 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 03.24 Definitions "X" (Reserved) 03.25 Definitions "Y" Yard Any open space other than a court on the same lot with a building or dwelling group which open space is unoccupied and unobstructed from the ground upward to the sky except for the projecting and /or accessory buildings permitted by these regulations. 03.26 Definitions 7" (Reserved) LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 15 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE TITLE 5 ZONING SECTIONS: 05.01 Establishment of Zones 05.02 Regulations Within Zones A -F 05.03 Significant Land Use Change (Applies only to Zones A -F) 05.04 Nonconforming Structures and Land Uses 05.05 Relationships to Streets, Other Structures, and Other Property 05.06 Specific Plans 05.10 New Zones Established 05.05.03 No barn, shed, GOFFa GOOP, feRG9, 9F etheF stFuGtuFe f9F the housing of bovine or equine animals, OF SW O R9, OF f9F FneFe than thFee (3) hoofed animals of any other IdRd, shall be eFeGted, GOAS&UGted, OF FAA; *XAd tA khfffithiR one hundFed (100) feet of a human , 05.05.03 ANIMAL - KEEPING STRUCTURES AND FENCING Formatted: Font color: auto ANY BARN, SHED, CORRAL, COOP, FENCE, OR OTHER STRUCTURE FOR T HE KEEPING OF ANIMALS, SHALL BE ERECTED, CONSTRUCTED, OR LOCATED ACCORDING TO THE DEVELOPMENT STANDARDS FOUND IN SECTION 08.04 OF THE LAND DEVELOPMENT CODE. 05.10.01 AG Agricultural A. Purpose The purpose of the Agricultural Zoning District is to protect and preserve agricultural lands and related activities in their present character. The intent of this zone is to protect agricultural lands from development of incompatible land uses and urban encroachment. In addition, the agricultural district is intended for general agricultural purposes, with appropriate single - family residences and customary buildings. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the AG zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the AG zone exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses The following shall be permitted in the AG zone, subject to the Development Standards contained in this section. 1. One single - family residential detached home of a permanent character placed in a permanent location; 2. Growing and harvesting of fields, trees or bush's including flowers; LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 16 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 3. Plant nurseries and green houses for the propagation, cultivation and distribution of plants produced on the premises; 4. PIARIES; Formatted: Font color: Dark Blue �°`- -- IE ------------------------------------------------------------------------------------------- 5. AVIARIES; 6. KENNELS; 7. STABLES (PUBLIC OR PRIVATE); 8. RIDING ARENA, RODEO GROUNDS (PUBLIC OR PRIVATE, LIGHTED OR UNLIGHTED); 9. RAISING OF LARGE AND SMALL LIVESTOCK; 10. RAISING OF RATITES; 11. RAISING OF FOWL, RODENTS AND SWINE; 12. VETERINARY CLINICS (LARGE OR SMALL); h 9F Fer digtr i5 COMMernial breeding Fa training and feeding pF i nG ipally by g raz i Rg of etheF than open pastuFes aFe Ret G than twe hundFed (200) feet to any PFOP eFty nne n nieser than two hundred (200) feet to a street hig e r OF residential d 16. Public parks and playgrounds; and, 17. Public schools. C. Accessory Uses The following accessory buildings and uses may be located on the same lot with a permitted dwelling or allowable agricultural use, provided that any permanent building or structure shall be harmonious with the character of the neighborhood: 1. Detached accessory structures, such as tool sheds, patios and cabanas, non - commercial hobby shops, guest house, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. CORRALS, BARNS AND OTHER ANIMAL - KEEPING STRUCTURES; Formatted: Font color: Dark Blue 6. Stables, pr 7. Fences and walls; and, 8. Home occupations, with an approved Home Occupation Permit. D. Conditional Uses. LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 17 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code 1. Communication Facilities, subject to the requirements of Chapter 23; 2. o tin, St - Formatted. Font color: Dark Blue 3. Utility Facilities; 4. Government buildings and facilities when necessary for serving the surrounding region; provided, that no public business offices and no repair or storage facilities are maintained therein; 5. Veterinar clinics_ SMALL OR LARGE), ounds_and shelters; Formatted: Font color: Dark Blue _ 6. Cemeteries, crematories and mausoleums; 7. Dairies and feedlots; 8. -,Gemmer-Gial ---------------- - - - --- -- - - - - -- Formatted: Font color: Dark Blue least ten (I t SUGh stables are In-n-ated at leas-t W.Fe hund-Fed (209) 9. GGMFneFGial Livestock Auction YARD provided the aur-Amen fan-ilities are at leas two hundFed (200) feet kern any property lin4sj 10. RndAn F;;n prov the red-ea fanilities are at least twe hundFed (20Q) #em any propeFty line; 11. PUBLIC DOG OR HORSE TRACK; 12. ZOO; 13. Accessory living quarters; 14. Modular Home; and, 15. Residential facilities for non - permanent occupancy including only bed and breakfast establishments, resorts and guest ranches, subject to Section 05.11.07. E. Temporary Uses 1. Christmas tree lot; and, 2. Produce stand. F. Prohibited Uses 1. All commercial and business uses, except those specifically permitted; 2. All manufacturing, warehousing and wholesaling, except those specifically permitted; 3. Multiple dwelling units; 4. Recreational vehicle parks and mobile home parks; and, 5. Uses similar to those listed above in this section, as determined by the Planning Administrator. G. Property Development Standards — Generally: 1. Lot Area. The minimum lot size per dwelling unit shall be five (5) acres. LAND DEVELOPMENT CODE AMENDMENT- REVISED JULY 7, 2003 PAGE 18 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 2. Lot dimensions. a. Width. Lots shall have a minimum width of one - hundred seventy -five (175) feet. b. Depth. Lots shall have a minimum depth of two-hundred seventy -five (275) feet. 3. Minimum Front, Side and Rear Yards (Setbacks). a. The required front yard (setback) shall be a minimum of forty (40) feet, except t hat a ny f ront yard ( setback) a djacent t o a n a rterial o r c ollector road shall be fifty (50) feet. b. The required side yard (setback) shall be a minimum of sixty (60) feet. C. The required rear yard (setback) shall be a minimum of one - hundred (100) feet. 4. Building Separation (Distance Between Structures/Buildings) a. The minimum distance between principal (main) buildings shall be twenty (20) feet. b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be ten (10) feet. 5. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two-stories or thirty (30) feet, except as otherwise permitted. b. Accessory building heights, for agricultural purposes shall be limited to a maximum of fifty (50) feet; all other structures shall be a maximum of the thirty (30) feet. 6. Building Mass. All two-story structures must meet reduced m assing requirements for the floors above the first level. The Gross Floor Area (GFA) of each floor above the first floor must not exceed 80% of the GFA of the previous floor. Exemption: buildings used exclusively for agricultural purposes are not required to reduce the gross floor area. 7. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed forty percent (40 %) of the total lot area. 8. Underground Utilities. All on -site utilities shall be placed underground on the site. LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 19 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 05.10.02 RD -180 Rural Development A. Purpose The purpose of the Rural Development Zoning District is to protect and preserve the character and encourage orderly growth of rural areas within the Town. It is intended to encourage rural development in areas of the Town that are lacking in infrastructure for urban development and provide limited services to serve the immediate area. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the RD -180 zone shall be used for or occupied, and every building shall be erected, constructed, established, a Itered, a nlarged, maintained, moved into o r w ithin the RD -180 zone, exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses The following shall be permitted in the RD -180 zone, subject to the Development Standards contained in this section. 1. One single- residence on any lot or parcel, site built or manufactured home; 2. Growing and harvesting of fields, trees or bushes including flowers; 3. Plant nurseries and green houses for the propagation, cultivation and distribution of plants produced on the premises; 4. Farm product stands for materials grown on -site; 5. Public parks and playgrounds; 6. Day care center; 7. Churches, synagogues, and other places of worship; 8. Group homes; 9. Public schools; 10. J RAISING OF LARGE AND SMALL LIVESTOCK; Formatted: Font color: Dark Blue 11. RAISING OF RATITES; 12. RAISING OF FOWL, RODENTS AND SWINE; and, 13. Uses similar to those listed above in this section, as determined by the Planning Administrator. C. Accessory Uses The following accessory buildings and uses may be located on the same lot with a permitted dwelling or allowable agricultural use, provided that any permanent building or structure shall be harmonious with the character of the neighborhood: 1. Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, guest house, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. AYIARIES ; Formatted: Font color: Dark Blue 6. KENNELS; 7. STABLES, PRIVATE; LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 20 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 8. Fences and walls; and, 9. Home occupations, with an approved Home Occupation Permit. D. Conditional Uses. The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code. 1. Communication Facilities, subject to the requirements of Chapter 23; 2. Public Stables; 3. Utility Facilities; 4. Government buildings and facilities when necessary for serving the surrounding region provided that no public business offices and no repair or storage facilities are maintained therein; 5. Veterinar -clinics ( SMALL OR LARGE), ounds_and shelters ____________________________ _ Formatted: Font color: Dark Blue • y - ----------------------- ) P 6. Cemeteries, crematories and mausoleums; 7. Dairies and feedlots; 8. JRIDING ARENA, RODEO GROUNDS PUBLIC OR PRIVATE, LIGHTED OR Formatted: Font color: Dark Blue UNLIGHTED); Q. G0M-rn8FGiaI riding stabler, and bearding stables, prei-fmdAd the site GeRtains a least teR (10) aGres and that SUGh stables are leGated at least twe hURdFed ( 00) Livestock Auction YARD provided the aun-tio­n fan-ilities, -are at least fFem any property line; 12. Accessory living quarters; and, 13. Residential facilities for non - permanent occupancy including only bed and breakfast establishments, resorts and guest ranches, subject to Section 05.11.07. E. Temporary Uses (reserved) F. Prohibited Uses 1. All commercial and business uses, except those specifically permitted; 2. All manufacturing, warehousing and wholesaling, except those specifically permitted; 3. APIARIES Formatted: Font color: Dark Blue 4. Multiple dwelling units; and, 5. Recreational vehicle parks and mobile home parks. G. Property Development Standards — Generally: 1. Lot Area. The m inimum I of size shall be one - hundred eighty thousand (180,000) square feet. LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 21 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 2. Lot dimensions. a. Width. Lots shall have a m inimum width of one - hundred and seventy - five (175) feet. b. Depth. Lots shall have a minimum depth of two- hundred and seventy - five (275) feet. 3. Minimum Front, Side and Rear Yards (Setbacks). a. The required front yard (setback) shall be a minimum of forty (40) feet, except that any front yard ( setback) adjacent to a n arterial or collector road shall be fifty (50) feet. b. The required side yard (setback) shall be a minimum of thirty (30) feet. C. The required rear yard (setback) shall be a minimum of fifty (50) feet. 4. Building Separation (Distance Between Structures /Buildings) a. The minimum distance between principal (main) buildings shall be twenty (20) feet. b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be ten (10) feet. 5. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two- stories or thirty (30) feet, except as otherwise permitted. b. Accessory building heights, for agricultural purposes shall be limited to a maximum of fifty (50) feet; all other structures shall be a maximum of the thirty (30) feet. 6. Building Mass. Any two -story structures must meet reduced massing requirements for the floors above the first level. The Gross Floor Area (GFA) of each floor above the first floor must not exceed 80% of the GFA of the previous floor. Exemption: buildings used exclusively for agricultural purposes are not required to reduce the gross floor area. 7. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed forty percent (40 %) of the total lot area. 8. Underground Utilities. All on -site utilities shall be placed underground on the site. LAND DEVELOPMENT CODE AMENDMENT- REVISED JULY 7, 2003 PAGE 22 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 05.10.03 R -144 Residential A. Purpose The purpose of this Zoning District is to protect existing and proposed rural and low density residential u ses i n a reas of t he T own where p ublic f acilities a nd u tilities m ay b e I imited. The intent of this district is to encourage large lot residential subdivisions and to allow for limited residential development in environmentally sensitive areas. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the R -144 zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the R -144 zone, exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses The following shall be permitted in the R -144 residential zone, subject to the Development Standards contained in this section. 1. One single - family residential detached home of a permanent character placed in a permanent location; 2. Public parks and playgrounds; 3. Public schools. 4. Churches, synagogues, and other places of worship; and, 5. Uses similar to those listed above in this section, as determined by the Planning Administrator. C. Accessory Uses 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 accessory uses are compatible with the residential character of the neighborhood: 1. Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, guest house, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. Fences and walls; 6. Home occupations, with an approved Home Occupation Permit; 7. Community recreation uses, including sports courts, swimming pools, spas, recreation buildings, patio shelters and other community facilities common to a homeowner's association, for a specific subdivision; 8. Community identification, entry monuments, community design elements, and other enhancements common to a homeowner's association, and designed for a specific subdivision; 9. Model homes, within an approved subdivision; Formatted: Font color: Dark Blue 11. RIDING ARENA, RODEO GROUNDS (PRIVATE, UNLIGHTED); LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 23 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 12. KEEPING OF LARGE AND SMALL LIVESTOCK; 13. KEEPING OF RATITES; 14. STABLES, PRIVATE; and, 15. Corrals, barns, stables and other l+vesteck ANIMAL - KEEPING STRUCTURES as accessory to a primary residential use. D. Conditional Uses 1. Plant nurseries and greenhouses; 2. Government buildings and facilities when necessary for serving the surrounding region provided that no public business offices and no repair or storage facilities are maintained therein; 3. Sales stands for the sale of agricultural a nd horticultural products produced or grown on the premises; 4. Accessory living quarters ; 5. Communication facilities, subject to the requirements of Chapter 23; -- _p - -- Formatted: Font color: Dark Blue least ten (10) aGFes and that v -Gh stahlw; are 'An;;tAd at least We hundFed (200) 7. Residential facilities for the disabled; 8. Modular Housing; 9. Residential facilities for non - permanent occupancy including only bed and breakfast establishments, resorts and guest ranches, subject to Section 05.11.07; 10. J? ( ) IDING ARENA, RODEO GROUNDS PRIVATE, LIGHTED); Formatted: Font color: Dark Blue - -------------------- - - - - - - - - - -- 11. RIDING ARENA, RODEO GROUNDS (PUBLIC, LIGHTED OR UNLIGHTED); 12. STABLES, PUBLIC; 13. KENNELS; 14. KEEPING OF RODENTS, FOWL AND SWINE; AND, 15. VETERINARY CLINICS (SMALL OR LARGE). E. Temporary Uses 1. Christmas tree lot and other seasonal sales; and, 2. Temporary sales offices may be g ranted for a three (3) year period or until a II homes in a subdivision are completed, whichever occurs first. Extensions to the three (3) year time limit may be granted if the property owner can demonstrate that the need for the temporary sales offices and /or model homes continues to exist. F. Prohibited Uses 1. All commercial and business uses, except those specifically permitted; 2. All manufacturing, warehousing and wholesaling, except those specifically permitted; 3. Multiple dwelling units; and, 4. Recreational vehicle parks and mobile home parks. LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 24 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE G. Site Development Standards: The property development standards set forth in this section shall apply to all land, structures and buildings in the R -144 zone. 1. Lot area. The minimum lot size shall be one - hundred forty -four thousand (144,000) square feet. 2. Lot dimensions. a. Width. Lots shall have a minimum width of one - hundred seventy -five (175) feet. b. Depth. Lots shall have a minimum lot depth of two- hundred (200) feet. 3. Minimum Front, Side and Rear Yards (Setbacks) a. The required front yard (Setback) shall be a minimum of forty (40) feet, except that a ny front yard ( setback) adjacent to a n arterial or collector road shall be fifty (50) feet. b. The required side yard (setback) shall be a minimum of fifty (50) feet. C. The required rear yard (setback) shall be a minimum of fifty (50) feet. 4. Building Separation (Distance Between Structures /Buildings) a. The minimum distance between principal (main) buildings shall be twenty (20) feet. b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be ten (10) feet. 5. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two- stories or thirty (30) feet, except as otherwise permitted. b. Accessory building heights, for agricultural purposes shall be limited to a maximum of fifty (50) feet; all other structures shall be a maximum of the thirty (30) feet. 6. Building Mass. Any two -story structures must meet reduced massing requirements for the floors above the first level. The Gross Floor Area (GFA) of each floor above the first floor must not exceed eighty percent (80 %) of the GFA of the previous floor. Exemption: buildings used exclusively for agricultural purposes are not required to reduce the gross floor area. 7. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed forty percent (40 %) of the total lot area. 8. Underground Utilities. All on -site utilities shall be placed underground on the site. LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 25 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 05.10.04 R-80 Residential A. Purpose The purpose of this Zoning District is to protect existing and proposed rural and low density residential u ses i n a reas of the T own where p ublic facilities a nd u tilities m ay b e I imited. The intent of this district is to encourage large lot residential subdivisions and to allow for limited residential development in environmentally sensitive areas. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the R -80 zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the R -80 zone, exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses The following shall be permitted in the R -80 residential zone, subject to the Development Standards contained in this section. 1. One single - family residential detached home of a permanent character placed in a permanent location; 2. Public parks and playgrounds; 3. Public schools; 4. Churches, synagogues, and other places of worship; and, 5. Uses similar to those listed above in this section, as determined by the Planning Administrator. C. Accessory Uses 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 accessory uses are compatible with the residential character of the neighborhood: 1. Detached accessory structures, such as tool sheds, patios and cabanas, non - commercial hobby shops, guest house, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. Fences and walls; 6. Home occupations, with an approved Home Occupation Permit; 7. Community recreation uses, including sports courts, swimming pools, spas, recreation buildings, patio shelters and other community facilities common to a homeowner's association, for a specific subdivision; 8. Community identification, entry monuments, community design elements, and other enhancements common to a homeowner's association, and designed for a specific subdivision; 9. Model homes, within an approved subdivision; Formatted: Font color: Dark Blue 10. �4VIARIES; - ' 11. KEEPING OF SMALL AND LARGE LIVESTOCK; 12. KEEPING OF RATITES; LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 26 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 13. KEEPING OF FOWL, RODENTS AND SWINE; 14. RIDING ARENA, RODEO GROUNDS (PRIVATE, UNLIGHTED); 15. STABLES, PRIVATE; and, 16. Corrals, barns, stables and other I ANIMAL - KEEPING STRUCTURES as accessory to a primary residential use. D. Conditional Uses 1. Plant nurseries and greenhouses; 2. Government buildings and facilities when necessary for serving the surrounding region provided that no public business offices and no repair or storage facilities are maintained therein; 3. Sales stands for the sale of agricultural a nd horticultural products produced or grown on the premises; 4. Accessory living quarters; Formatted: Font color: Dark Blue 5. ernr -- - -ding - and4aardong - --- - - tab - -- ; ---------------------------------------------- 6. Residential facilities for the disabled; 7. Communication facilities, subject to the requirements of Chapter 23; 8. Modular Housing; 9. J RIDINGARENA, RODEO GROUNDS PRIVATE, LIGHTED); Formatted: Font color: Dark Blue -------------------------- ) ---- - - - - -- 10. RIDING ARENA, RODEO GROUNDS (PUBLIC, LIGHTED OR UNLIGHTED); and, 11. Residential facilities for non - permanent occupancy including only bed and breakfast establishments. E. Temporary Uses 1. Christmas tree lot and other seasonal sales; and, 2. Temporary sales offices may be g ranted for a three (3) year period or until a II homes in a subdivision are completed, whichever occurs first. Extensions to the three (3) year time limit may be granted if the property owner can demonstrate that the need for the temporary sales offices and /or model homes continues to exist. F. Prohibited Uses 1. All commercial and business uses, except those specifically permitted; 2. All manufacturing, warehousing and wholesaling, except those specifically permitted; 3. Multiple dwelling units; and, 4. Recreational vehicle parks and mobile home parks. G. Site Development Standards: The property development standards set forth in this section shall apply to all land, structures and buildings in the R -80 zone. 1. Lot area. The minimum lot size shall be eighty- thousand (80,000) square feet. LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 27 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 2. Lot dimensions. a. Width. Lots shall have a minimum width of one - hundred twenty (120) feet. b. Depth. Lots shall have a minimum lot depth of two- hundred (200) feet. 3. Minimum Front, Side and Rear Yards (Setbacks) a. The required front yard (setback) shall be a minimum of thirty (30) feet, except that a ny front yard ( setback) adjacent to a n arterial or collector road shall be forty (40) feet. b. The required side yard (setback) shall be a minimum of thirty (30) feet. C. The required rear yard (setback) shall be a minimum of forty (40) feet. 4. Building Separation (Distance Between Structures /Buildings) a. The minimum distance between principal (main) buildings shall be twenty (20) feet. b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be ten (10) feet. 5. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two-stories or thirty (30) feet, except as otherwise permitted. b. Accessory building heights, for agricultural purposes shall be limited to a maximum of fifty (50) feet; all other structures shall be a maximum of the thirty (30) feet. 6. Building Mass. Any two -story structures must meet reduced massing requirements for the floors above the first level. The Gross Floor Area (GFA) of each floor above the first floor must not exceed eighty percent (80 %) of the GFA of the previous floor. Exemption: buildings used exclusively for agricultural purposes are not required to reduce the gross floor area. 7. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed forty percent (40 %) of the total lot area. 8. Underground Utilities. All on -site utilities shall be placed underground on the site. LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 28 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 05.10.05 R-36 Residential A. Purpose. The R -36 single - family residential zone is primarily intended as a district for single - family homes, with not more than one dwelling and customary accessory building upon an individual I ot, w ith a variety of housing s izes a nd contain a q uality d esign. E xcept a s specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the R -36 zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the R -36 zone, exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses. The following shall be permitted in the R -36 single - family residential zone, subject to the Development Standards contained in this section. 1. One single - family residential detached home of a permanent character placed in a permanent location; 2. Churches, synagogues, and other places of worship; 3. Public parks and playgrounds; 4. Public schools; and, 5. Uses similar to those listed above in this section, as determined by the Planning Administrator. C. Accessory Uses. Accessory Uses — The following accessory buildings and uses may be located on the same lot with a p ermitted d welling, p rovided t hat a ny permanent building or s tructure shall be harmonious with t he a rchitectural s tyle of t he m ain b uilding a nd f urther p rovided t hat a II residential accessory uses are compatible with the residential character of the neighborhood: 1. Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, guest house, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. Fences and walls; 6. Home occupations, with an approved Home Occupation Permit; 7. Community recreation uses, including sports courts, swimming pools, spas, recreation buildings, patio shelters and other community facilities common to a homeowner's association, for a specific subdivision; 8. Community identification, entry monuments, community design elements, and other enhancements common to a homeowner's association, and designed for a specific subdivision; 9. Model homes, within an approved subdivision; 10. ,KEEPING OF LARGE AND SMALL LIVESTOCK r: Dark Blue -- - - - - --------------------------------------------------- ON ------ PARCELS -------------- ONE ------- ACRE --------- OR Formatted: Font colo ------ GREATER; 11. STABLES, PRIVATE; AND, 12. RIDING ARENA, RODEO GROUNDS (PRIVATE, UNLIGHTED). LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 29 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE D. Conditional Uses. The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code. 1. Day care center; 2. Private schools and other ancillary uses in connection with churches, synagogues, and other places of worship; 3. Group homes; 4. Residential facilities for non - permanent occupancy including only bed and breakfast establishments; 5. AVIARIES; Formatted: Font color: Dark Blue 6. RIDING ARENA, RODEO GROUNDS (PRIVATE, LIGHTED); AND 7. KEEPING OF RODENTS AND FOWL. E. Temporary Uses. The following may be permitted for a specified time period, subject to Section 09.01; Temporary sales trailer, within an approved subdivision; F. Prohibited Uses. Uses prohibited in the R -36 district are as follows: 1. All commercial and business uses, except those specifically permitted; and, 2. Industrial uses. G. Property development standards — Generally. The property development standards set forth in this section shall apply to all land, structures and buildings in the R -36 zone. 1. Lot area. The minimum lot size shall be thirty -six thousand (36,000) square feet. 2. Lot dimensions. a. Width. Lots shall have a minimum width of one hundred (100) feet. b. Depth. Lots shall have a minimum depth of one hundred (100) feet. 3 Minimum Front, Side and Rear Yards (Setbacks) a. The required front yard (setback) shall be a minimum of thirty (30) feet. b. The required side yard (setback) shall be a minimum of fifteen (15) feet, with a street side yard (setback) having a minimum of twenty (20) feet. C. The required rear yard (setback) shall be a minimum of forty (40) feet. 4. Building Separation (Distance Between Structures /Buildings) a. The minimum distance between principal (main) buildings shall be twenty (20) feet. b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be ten (10) feet. LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 30 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 5. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two- stories or twenty-five (25) feet, except as otherwise permitted. b. Building heights may be permitted to increase a maximum of twenty percent (20 %) to provide a maximum building height of thirty (30) feet subject to the review and approval of the Town Council, subject to the process and requirements found in Section 8.05. 6. Building Mass. Any structure over two- stories must meet reduced massing requirements for the floors above the first level. The Gross Floor Area (GFA) of each floor above the first floor must not exceed eighty percent (80 %) of the GFA of the previous floor. 7. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed forty percent (40 %) of the total lot area. 8. Underground Utilities. All on -site utilities shall be placed underground on the site. LAND DEVELOPMENT CODE AMENDMENT- REVISED JULY 7, 2003 PAGE 31 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 05.10.06 R -20 Residential A. Purpose. The R -20 single - family residential zone is primarily intended as a district for single - family homes, with not more than one dwelling and customary accessory building upon an individual lot, with a variety of housing sizes and contain a q uality d esign. E xcept as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the R -20 zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the R -20 zone, exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses. The following shall be permitted in the R -20 single - family residential zone, subject to the Development Standards contained in this section. 1. One single - family residential detached home of a permanent character placed in a permanent location; 2. Churches, synagogues, and other places of worship; 3. Public parks and playgrounds; 4. Public schools; and, 5. Uses similar to those listed above in this section, as determined by the Planning Administrator. C. 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 accessory uses are compatible with the residential character of the neighborhood: 1. Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, guest hose, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. Fences and walls; 6. Home occupations, with an approved Home Occupation Permit; 7. Community recreation uses, including sports courts, swimming pools, spas, recreation buildings, patio shelters and other community facilities common to a homeowner's association, for a specific subdivision; 8. Community identification, entry monuments, community design elements, and other enhancements common to a homeowner's association, and designed for a specific subdivision; and, 9. Model homes, within an approved subdivision; D. Conditional Uses. The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code. LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 32 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 1. Residential facilities for non - permanent occupancy including only bed and breakfast establishments; 2. Day care center; 3. Private schools and other ancillary uses in connection with churches, synagogues, and other places of worship; 4. Group homes; 5. Accessory living quarters; and, 6. AVIARIES Formatted: Font color: Dark Blue ._ - - -- ' E. Temporary Uses. The following may be permitted for a specified time period, subject to Section 09.01; Temporary sales trailer, within an approved subdivision; F. Prohibited Uses. Uses prohibited in the R -20 district are as follows: 1. All commercial and business uses, except those specifically permitted; and, 2. Industrial uses. G. Property development standards — Generally. The property development standards set forth in this section shall apply to all land, structures and buildings in the R -20 zone. 1. Lot area. The minimum lot size shall be twenty thousand (20,000) square feet. 2. Lot dimensions. a. Width. Lots shall have a minimum width of one hundred (100) feet. b. Depth. Lots shall have a minimum depth of one hundred (100) feet. 3 Minimum Front, Side and Rear Yards (Setbacks) a. The required front yard (setback) shall be a minimum of twenty -five (25) feet, except where garages open or face directly onto an abutting street in which case the garage setback shall be a minimum of thirty feet (30). b. The required side yard (setback) shall be a minimum of ten (10) feet, with a street side yard (setback) having a minimum of ten feet. C. The required rear yard (setback) shall be a minimum of twenty (20) feet. 4. Building Separation (Distance Between Structures /Buildings) a. The minimum distance between principal (main) buildings shall be fifteen (15) feet. b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be ten (10) feet. C. Attached Patio Structures: A minimum setback of five (5) feet shall be maintained from the rear and side property lines for a patio structure that is open and unenclosed on three (3) sides, as measured to the structure. LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 33 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 5. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two- stories or twenty -five (25) feet, except as otherwise permitted. b. Building heights may be permitted to increase a maximum of twenty percent (20 %) to provide a maximum building height of thirty (30) feet subject to the requirements found in Section 8.05 and approval of the Town Council. 6. Building Mass. Any structure over two- stories must meet reduced massing requirements for the floors above the first level. The Gross Floor Area (GFA) of each floor above the first floor must not exceed eighty percent (80 %) of the GFA of the previous floor. 7. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed forty percent (40 %) of the total lot area. 8. Underground Utilities. All on -site utilities shall be placed underground on the site. LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 34 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 05.10.07 R -16 Residential A. Purpose. The R -16 single - family residential zone is primarily intended as a district for single - family homes, with not more than one dwelling and customary accessory building upon an individual lot, with a variety of housing sizes and contain a quality design. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the R -16 zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the R -16 zone, exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses. The following shall be permitted in the R -16 single - family residential zone, subject to the Development Standards contained in this section. 1. One single - family residential detached home of a permanent character placed in a permanent location; 2. Churches, synagogues, and other places of worship; 3. Public parks and playgrounds; 4. Public schools; and, 5. Uses similar to those listed above in this section, as determined by the Planning Administrator. C. Accessory Uses. 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 t he a rchitectural s tyle o f t he m ain b uilding a nd f urther p rovided t hat a II residential accessory uses are compatible with the residential character of the neighborhood: 1. Detached accessory structures, such as tool sheds, patios and cabanas, non - commercial hobby shops, guest house, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. Fences and walls; 6. Home occupations, with an approved Home Occupation Permit; 7. Community recreation uses, including sports courts, swimming pools, spas, recreation buildings, patio shelters and other community facilities common to a homeowner's association, for a specific subdivision; 8. Community identification, entry monuments, community design elements, and other enhancements common to a homeowner's association, and designed for a specific subdivision; and 9. Model homes, within an approved subdivision. D. Conditional Uses. The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code. 1. Day care center; LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 35 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 2. Residential facilities for non - permanent occupancy including only bed and breakfast establishments; 3. Private schools and other ancillary uses in connection with churches, synagogues, and other places of worship; 4. Group homes; and, 5. AVIARIES Formatted: Font color: Dark Blue P I --................................................ -------------------------- E. Temporary Uses. The following may be permitted for a specified time period, subject to Section 09.01; Temporary sales trailer, within an approved subdivision; F. Prohibited Uses. Uses prohibited in the R -16 district are as follows: 1. All commercial and business uses, except those specifically permitted; and 2. Industrial uses. G. Property development standards — Generally. The property development standards set forth in this section shall apply to all land, structures and buildings in the R -16 zone. 1. Lot area. The minimum lot size shall be sixteen thousand (16,000) square feet. 2. Lot dimensions. a. Width. Lots shall have a minimum width of eighty-five (85) feet. b. Depth. Lots shall have a minimum depth of one hundred (100) feet. 3 Minimum Front, Side and Rear Yards (Setbacks) a. The required front yard (setback) shall be a minimum of Twenty (20) feet, except where garages open or face directly onto an abutting street in which case the garage setback shall be a minimum of twenty -five (25) feet. b. The required side yard (setback) shall be a minimum of ten (10) feet, with a street side yard (setback) having a minimum of fifteen (15) feet. C. The required rear yard (setback) shall be a minimum of twenty (20) feet. 4. Building Separation (Distance Between Structures /Buildings) a. The minimum distance between principal (main) buildings shall be fifteen (15) feet. b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be ten (10) feet. C. Attached Patio Structures: A minimum setback of five (5) feet shall be maintained from the rear and side property lines for a patio structure that is open and unenclosed on three (3) sides, as measured to the structure. 5. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two-stories or twenty -five (25) feet, except as otherwise permitted. LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 36 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE b. Building heights may be permitted to increase a maximum of twenty percent (20 %) to provide a maximum building height of thirty (30) feet subject to the requirements found in Section 8.05 and approval of the Town Council. 6. Building Mass. Any structure over two- stories must meet reduced massing requirements for the floors above the first level. The Gross Floor Area (GFA) of each floor above the first floor must not exceed eighty percent (80 %) of the GFA of the previous floor. 7. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed fifty percent (50 %) of the total lot area. 8. Underground Utilities. All on -site utilities shall be placed underground on the site. LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 37 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 05.11.01 CO Commercial A. Purpose The CO zone is intended to provide for the use of designated properties for professional offices and limited commercial facilities to serve the residents of Marana. It includes those uses related to medical, professional, financial, administrative, and interrelated uses. This zone is intended to prohibit most retail commercial uses which, more properly, belong in other commercial zones. It is also intended to provide multi - family residential opportunities and options to commercial and other higher- intensity districts. B. Location The following shall be considered in establishing and maintaining the CO zone: 1. Convenient and efficient vehicular access to an arterial or collector street. 2. Availability of land suitable for grouping of professional activities. 3. Availability of parcels whose general commercial use is less desirable and /or inappropriate. C. Permitted Uses The following uses may be permitted subject to demonstration of architectural compatibility with adjacent uses: 1. Residential Dwelling Units as permitted in Section 05.10.07. 2. Professional Offices: Law, architectural, engineering, planning, business and management consulting. 3. General Offices: Real estate, data processing, executive suites, photographic services, travel agents, research services, and administrative offices. 4. Medical and Dental: Offices, laboratories, clinics, and pharmacies; but not including drug stores. 5. VETERINARY CLINIC, SMALL. Formatted: Font color: Dark Blue 6. Financial Services: Accounting, auditing, bookkeeping, tax consultation, collection agencies, credit services, insurance and investment, security and commodity brokers, dealers and exchanges, insurance and financial planning. 7. Public Service: Detective and protective services, employment services and public utility offices. 8. Such other comparable uses as determined by the Planning Administrator. D. Accessory Uses (Reserved) E. Conditional Uses. The following uses may be permitted subject to such additional conditions or limitations as may be imposed by the Town Council: 1. Restaurants and Cafes (not to include drive -ins or carry-outs) subject to: a. The facility is designed to preclude vehicular ingress and egress in conflict with existing or planned adjacent residential uses. b. The facility is located and designed to eliminate noise and /or odors. C. The facility is an integral part of the office building. 2. Private Schools: Business, music, dance, art, and vocational, which must be an integral part of the office building. LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 38 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 3. Special Retail: Specialty retail services such as florist, jewelry, barber and beauty shops, child care facilities, clothes cleaning and tailor shops, and such other compatible uses as may be determined by the conditional use process and which shall all be integral to the primary use as an office complex. 4. Banks and Savings and Loans. F. Temporary Uses -- (Reserved) G. Prohibited Uses -- (Reserved) H. Intensity Standards 1. Residential On any parcel or unit of development, the following intensity standards apply: a. Dwelling Unit Density: There shall be no more than twenty -five (25) dwelling units for each acre of parcel area. b. Building Coverage: The sum of all buildings and structures shall cover no more than 40% of all land area developed. 2. Non - Residential The following standards shall apply: a. Building Coverage: The sum of all buildings and structures shall cover no more than 30% of all land area developed. b. Reserved. I. Site Development Standards. The following site development standards shall apply: 1. Street Frontage: minimum of 100 feet. 2. Lot Area: a. Multifamily: minimum of 3.0 acres. b. Non - Residential: none 3. Front yard: minimum of twenty -five feet. 4. Side Yard: minimum of fifteen feet for residential uses. No side yard is required for non - residential uses provided minimum building code requirements are met. However, a non - residential use adjacent to a residential zone shall have a minimum side yard of not less than 15 feet plus an additional 10 feet for each story over one story, or in excess of 18 feet in height, whichever is greater. 5. Street Side Yard: minimum of twenty -five feet. 6. Rear Yard: minimum of twenty -five feet. 7. Building Height: maximum of forty feet. LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 39 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 05.11.07 RESORT AND RECREATION ZONE PURPOSE AND INTENT The Resort and Recreation Zone is established to provide for the development and operation of temporary lodging, recreation opportunities and associated specialized commercial guest facilities while protecting adjacent land uses from inappropriate and adverse impacts. The intent is to provide for the designation and regulation of certain land uses that are primarily intended for visitors to the Town of Marana. The Resort and Recreation Zone may be applied to property that is best suited to accommodating the needs of the visiting public without inappropriate impacts upon the daily functioning of the community or inappropriate impacts upon surrounding properties. PERMITTED USES The following types of uses are allowed within the RR (Resort and Recreation) District as permitted uses. 1. Residential Facilities for nonpermanent occupancy including Bed and Breakfast Establishments, Hotels, Motels, Inn's, Timeshare Projects, Resorts and Guest Ranches. ACCESSORY USES The following are Accessory Uses and may be established only when a part of, or accessory to a permitted use. 1. Entertainment, cultural and recreation facilities including lawn bowling, exercise facilities, handball and racquetball facilities, archery ranges, tennis, swimming and spa facilities, volleyball courts, dinner theaters, museums, art galleries, nature walk trails and amusement game rooms. 2. Service and specialty uses including beauty a nd barbershops, health spas, g ift shops, newsstands, and specialty food shops (including on -site preparation and service). 3. Restaurants, dining facilities, bars, cocktail lounges and specialty food shops (deli's) with or without alcohol (including on -site preparation and service), excluding drive - through facilities. 4. Conference and gathering facilities including meeting rooms and chapels, with or without provisions for catering into the facilities designed to serve 200 people or less in a single room. 5. Business offices for the resort. 6. Freestanding open air pavilions less than 1,000 square feet, for outdoor events. 7. Riding and hiking trails, excluding trails for motor vehicles. 8. Equestrian facilities and horse stables, excluding boarding of horses for commercial purposes. 9. Observatories. 10. Living quarters for persons employed and deriving a major portion of their income on the premises, if occupied by such persons and their immediate families. 11. Live entertainment for the enhancement of the guest's visit to the temporary lodging facilities, excluding sexually oriented performances. 12. Support facilities such as outdoor cooking areas, pool house, shade structures (ramada's and gazebo's) laundry facilities (for guests only), and other like uses as permitted by the Planning Director. LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 40 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 13. Campgrounds that may consist of temporary or permanent buildings, tent areas, or other structures (bunk houses, mess halls, etc.). 14. Motion picture studios and sets including the temporary use of domestic and wild animals in motion picture and television production, provided that said animals are kept and maintained pursuant to all applicable regulations, and are not retained on the premises for a period exceeding 60 days. CONDITIONAL USES The following are conditional uses and may be established only following the issuance of a Conditional Use Permit. 1. Entertainment and recreational facilities that are designed for large audiences such as rodeo (horse) arenas, auditoriums, stadiums, theme parks, water parks, zoos, wild animal parks and race tracks. 2. Outdoor activities such as go -cart tracks, skateboard parks, golf courses, shooting ranges, and off -road vehicle trails. 3. Convention centers /facilities that provide meeting rooms and a complete range of services including food preparation, assembly for more than 200 people in a single room, and /or an exhibit area exceeding 3,000 sq. ft. 4. Freestanding open -air pavilions greater than 1,000 square feet, for outdoor events. 5. Horse stables, for the purpose of boarding horses. 6. Amphitheaters. 7. Petting zoos. 8. Churches and other permanent places of worship. 9. Recreational vehicle spaces (with or without full hook -up) not to exceed the number of permanent guestrooms. These spaces are to be for the use of guests while staying at the resort. 10. Hot air balloon launch pads. 11. Helistops. 12. Residential, subject to the R -144 development standards. DEVELOPMENT STANDARDS The following development standards shall apply to development in the Resort and Recreation Zone. A. Site Planning A resort, and subsequent additions or expansions, shall be designed and developed in a manner compatible with, and complimentary to existing and future development in proximity to the project site. Site planning on the perimeter shall provide for the protection of the surrounding areas from potentially adverse influences within the development, including flooding, erosion, subsidence, sloping of the soil or other dangers, unreasonable site and noise annoyances or inconveniences. Condition of the soil, groundwater level, drainage and topography shall be appropriate to both kind and pattern of use intended. B. Lot Area and Density 1. Each development shall have a minimum lot area often (10) acres. LAND DEVELOPMENT CODE AMENDMENT- REVISED JULY 7, 2003 PAGE 41 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 2. The minimum required lot area for each lodging unit shall be ten thousand square feet (4.36 units per acre). C. Yards 1. Front Yards a. There shall be a front yard of not less than forty (40) feet in depth where a parcel abuts an arterial or major collector. b. There shall b e a front yard of n of less than twenty-five (25) feet in depth w here a parcel abuts other than an arterial or major collector street. 2. Side Yards a. Side yards - Minimum side yard — twenty (20) feet, except where the site abuts a lot that is residentially zoned, the minimum required yard shall be twenty-five (25) feet. b. Street side yards - Minimum street side yard - twenty -five (25) feet. 3. Rear Yards a. Minimum rear yard - twenty-five (25) feet. D. Building Separation (Distance between buildings) 1. Minimum distance between buildings a. Between two main buildings — twenty-five (25) feet. b. Between main building and accessory building /facilities —fifteen (15) feet. c. Between accessory and accessory —ten (10) feet. E. Building Height 1. No main building shall exceed fifty (50) feet in height; 2. No accessory building or other structure shall exceed forty (40) feet; 3. In conjunction with a Conditional Use Permit application, the Planning Commission may allow an increase to the building height up to an additional fifty percent (50 %) of the allowable, provided that the applicant provides acceptable justification for the need to exceed the height limit. F AniFflal Keepm g Formatted: Font color: Dark Blue 2. No stable, barns, eerr-al, G ether animal aGtivit' r' **' ) as a GGessery to th DeVeIGPMRt shall NO 19-GatAw GIe69F than twe hURdFed (200) feet to any pi:epe4y line 9 street- hundred (200) feet to aRy property line oF stFeetz G. Building Mass Any structure over two- stories must meet reduced massing requirements for the floors above the first level. The Gross Floor Area (GFA) of each floor above the first floor must not exceed 80% of the GFA of the previous floor. H. Lot Coverage Buildings, including accessory buildings, shall not cover a total of more than forty percent (40 %) of the area of any lot. LAND DEVELOPMENT CODE AMENDMENT- REVISED JULY 7, 2003 PAGE 42 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE I. Landscape Requirements The following yards and areas shall be developed into and permanently maintained as landscaped areas containing ground cover, trees, and shrubs: 1. A minimum twenty-five (25) feet of required front yard shall be landscaped. 2. A minimum twenty-five (25) feet of any street side yard shall be landscaped. 3. A minimum twenty-five (25) feet improved landscaped area shall be provided where the site abuts any residentially zoned property. 4. The twenty -five (25) foot landscaped areas along all street frontages shall use desert plant materials and inorganic groundcover, together with a 6' decorative masonry screen wall. A landscape plan shall be submitted and approved that provides enhanced vegetation of such a variety and density so as to establish both canopy and ground planting. Trees shall be planted every 20- feet on center with a minimum of 25% to be 24" box or greater. 5. Landscaped islands shall be provided to accommodate a minimum of one tree for every six parking stalls within the parking area. 6. Screening shrubs and trees are required and shall be permanently maintained adjacent to the fencing and property lines in conformance with the Screening and Bufferyard requirements of the Land Development Code. 7. A minimum landscaped area equal to at least fifteen (15) percent of the required parking area to be evenly distributed throughout the parking area and adjacent to buildings shall be provided. Plant materials shall be chosen so that within five (5) years of installation, planting materials shall achieve a thirty-five percent shading of the paved /parking areas. 8. The Planning Commission may approve an alternative proposal, equal to or exceeding the landscaped area provisions provided herein, subject to review and approval. J. Parking Requirements The minimum parking requirements are as follows: 1. The Resort shall provide a minimum of one and a quarter (1.25) parking spaces for each sleeping room. If there are other uses operated in conjunction with and /or as part of the resort, additional off - street parking spaces shall be provided per the requirements listed in the Off - Street Parking Section of the Development Code (i.e. restaurant, office, recreational areas, etc.). 2. In a resort with more than 200 rooms and for uses such as restaurants, meeting rooms and recreational amenities, the required number of parking spaces may be reduced to account for the shared use of parking spaces and to minimize the impact of paved parking areas on the resort environment. 3. At least one (1) bus /recreational vehicle parking stall with minimum measurements of 50' x 12' shall be provided and maintained for each twenty-five (25) rooms, to be located on the same lot as the resort. K. Fencing 1. Where development occurs within 100 feet of a residentially zoned property, a solid opaque wall six (6) feet high or appropriate opaque landscape buffering as approved by the Planning Director shall be installed and thereafter maintained by the owner of property in this zoning district on all common property lines with residentially zoned property or with property designated as residential in the Town of Marana General Plan. LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 43 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 2. The screen walls shall be constructed of, or painted, with graffiti- resistant materials. The screen wall adjacent to the public rights -of -way shall incorporate one of the following decorative materials: (a) tile, (b) stone, (c) brick, (d) textured brick/block, (e) a coarse textured material such a stucco or plaster, or (f) a combination of the above materials. Any continuous wall greater than fifty (50) feet in length shall include variation in the wall alignment such as jogs, curves, notches, setbacks, etc.. and shall include trees or shrubs in the voids created by the variations. L. Access and Circulation 1. All lots shall have frontage on and vehicular access from a dedicated street unless alternative frontage and /or permanent vehicle access has been accepted by the Planning Director and Town Engineer. 2. Traffic congestion must be minimized through satisfactory level of service ratings regarding all related circulation elements. Consideration of adequate queueing, turning lanes, loop roads, and other site - specific design aspects is essential. These design aspects must also account for anticipated traffic generation levels. These design aspects must similarly account for and minimize the generation of particulate matter, noise, and any other relevant environmental impact created directly or indirectly by the project. 3. All facilities shall include adequate service and emergency access. When appropriate, the Town encourages these routes to be designed to perform double duty with pedestrian, equestrian, and bicycle routes through the use of special paving materials and textures. 4. Any project in which the range and frequency of travel demand and volume is dynamic with respect to the scheduling of events, holidays, or other intensely organized gatherings must provide for primary, secondary, and possibly tertiary circulation methods to ensure safe, mobile, and efficient interaction. M. Lighting Lighting shall reflect away from residential areas and comply with the Town of Marana adopted o utdoor I ighting code. The I ight s ource o f any o utdoor I ighting s hall be shielded from adjoining properties and shall be the minimum intensity needed to serve the intended purpose. All I ighting s hall b e d irected d own and away f rom r esidential p arcels a nd p ublic roadways and shall be as low in elevation as possible. N. Signage On -site signage shall be limited to one low - profile freestanding ground monument sign per street frontage, not greater than 5 feet in height and 25 square feet in area. The sign shall be setback a minimum of 5 feet from the property line and shall be designed to be architecturally compatible with the facility building and constructed with the same or similar materials. O. Trash Disposal Each property shall provide adequate and accessible trash disposal areas, as accepted by the Planning Director. Disposal areas shall be screened from public view by a masonry enclosure, with solid gates, at least five (5) feet in height and able to adequately screen the trash and trash receptacle. P. Noise Impact LAND DEVELOPMENT CODE AMENDMENT- REVISED JULY 7, 2003 PAGE 44 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE Noise impact shall be considered and incorporated in the design of all facilities and uses to minimize the impact on adjacent residential properties. When appropriate an acoustical analysis will be required as part of the review process. Intrusive noise level. An event or development shall be considered to produce a noise disturbance if the sound level emitted by said development exceeds the following at the property line: • During the hours of 7:00 a.m. to 10:00 p.m. not to exceed 55 decibel. • During the hours of 10:00 p.m. to 7:00 a.m. not to exceed 45 decibel. Q. Nuisance All uses shall be so located, constructed, and operated so as not to constitute a public nuisance because of dust, gas, smoke, noise, fumes, odors, vibrations, glare, appearance or other public nuisances. R. Improvement Standards The Planning Director and Town Engineer may make Administrative Modifications to the established development standards based on the following procedures: 1. The applicant shall submit a letter, addressed to the Planning Director, regarding the following: a. How and why the applicant finds there exist extraordinary conditions and /or other circumstances such that the strict application of the particular requirement would result in practical difficulties or unnecessary hardship to the proposed resort project; b. The improvements would be inconsistent with the general intent of this zone or the project and that there are exceptional circumstances or conditions applicable to the subject property which make the standard in question unfair, oppressive or not in keeping with the resort theme. 2. In addition, the letter shall explain how the request meets all of the following conditions necessary to granting an Administrative Modification to the required Development Standards of the Land Development Code: a. The proposal is consistent with the Town of Marana General Plan; b. With the exception of the requested waiver, the proposal complies with the Land Development Code and other applicable provisions of the Town of Marana Municipal Code, and, if applicable, the Northwest Marana Area Plan; C. The site is of a sufficient size and configuration to accommodate the design and scale of proposed development, including buildings and elevations, landscaping, parking and other physical features of the proposal; d. The design, scale and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring existing or future developments, will not create traffic or pedestrian hazards, and will not otherwise have a negative impact on the aesthetics, health, safety or welfare of neighboring uses; e. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood, will enhance the visual character of the neighborhood, and will provide for the harmonious, orderly and attractive development of the site; LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 45 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE f. The design of the proposed development will provide a desirable environment for its occupants, the visiting public and its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance; and g. The Modification on the proposed development is compatible with and enhances the design of existing buildings and other physical features of the site. Neither the Planning Director or Town Engineer may in their deliberations grant approval of an Administrative Modification u nless it has first been determined, based on the evidence, that all of the following findings can be made: 1. The strict application of the particular requirement would result in practical difficulties or unnecessary hardship to the proposed resort and would be inconsistent with the general intent of this zone or the project; 2. There are exceptional circumstances or conditions applicable to the subject property which make the standard in question unfair, oppressive or not in keeping with the resort theme; and 3. The granting of the waiver would not be materially detrimental to the public health, safety and welfare, nor injurious to the property or alternative improvements thereon in the immediate vicinity. The Town shall provide a written response within fifteen (15) days of receiving the modification request approving or denying said request with the reason(s) why. DEFINITIONS Amphitheater An amphitheater, for the purposes of this code, shall be defined as any facility, staging area, and /or physical structure, accessory or otherwise, that increases the amplification of sound through electronics, physical design, and /or any other means that is intended to serve and accommodate assembly for more than 200 people. This shall include any substantial grading or construction that creates the necessary acoustical geometry to amplify sound. An amphitheater shall not explicitly be characterized by a below grade, circular, or enclosed structure, but by the site's intent: the amplification of sound for the purposes of public or private entertainment. Such activities, consistent with the amphitheater's design and limitations, shall be subject to specific noise, parking, and safety regulations. Bed and Breakfast A private residence that offers sleeping accommodations to lodgers in ten or fewer rooms for rent, in the innkeeper's (owner /operator) principal residence while renting rooms to lodgers; and serves b reakfasts at no a dditional cost to i is I odgers. For t he p urpose of this definition, a lodger means a person who rents a room for a limited contractual time, typically fewer than 21 consecutive days. Building Mass The height, width and depth of a structure. Campgrounds A portion of the property upon which two or more campsites are located, established or maintained for occupancy by camping units (excluding Recreational Vehicles) as temporary living quarters for recreation, education or vacation purposes. Guest Ranch A use incorporating ten (10) or more guest rooms that includes outdoor recreational facilities such as, but not limited to, horseback riding, swimming, tennis courts, barbecue and picnic facilities, and dining facilities intended primarily for use by the guests of the guest ranch. Helistop A n a rea d esigned to be used for the landing a nd takeoff of o ne helicopter and o ther facilities as may be required by federal and /or state regulations, but not including operation facilities such as maintenance, storage, fueling or terminal facilities. LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 46 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE Resort A group or groups of buildings, containing guest rooms, with a portion of the site providing recreational activities that may include, but shall not be limited to, golf, horseback riding, swimming, tennis, health spa, conference rooms and similar activities. A resort may furnish services customarily provided by hotels, including restaurants, cocktail lounges and convention facilities. Timeshare Project A project in which a purchaser receives the right in perpetuity, or for a specified term of years, to exclusive use or occupancy of a lot, parcel, unit, or segment of real property, annually or on some other periodic basis, for a period of time that has been or will be allotted from the use or occupancy periods into which the project has been divided, or a project in which a purchaser receives license or contractual or membership right of occupancy; except that a project in which such right to exclusive use or occupancy is available only for intervals of more than 21 days shall not be, considered a time -share project. LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 47 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 05.11.08 Mixed -Use — MU -1 A. Purpose The purpose of the Mixed Use Zoning District is to promote, and regulate existing low density mixed uses in areas of the Town where public facilities and utilities may be limited. The intent of this district is to encourage orderly growth in semi -rural areas, as well as provide for semi -rural residential uses. In addition, this zone is intended to allow limited commercial and industrial development where appropriate and designed to be compatible or provide the appropriate buffers where potentially incompatible uses are proposed with the surrounding uses. This zone is to be located only where existing mixed -uses are historically located and the area is transitioning into a more intensive use area. B. Permitted Uses 1. One single - family detached home or caretakers quarters (Site built or Manufactured); Formatted: Font color: Dark Blue 3. Antique shop; 4. Automobile repair garages, provided that no machining is conducted on the premises; no outdoor storage of parts or outdoor parking of automobiles waiting for service for more than seven (7) days; 5. Aviaries; 6. Barber and beauty shop; 7. Blacksmith shop; 8. Carpentry, upholstery & furniture repair; 9. Churches, synagogues, and other places of worship; 10. Construction /contractor's yards; 11. Crop production; 12. Feed store; 13. Foster and group homes; 14. Grazin and - of LARGE AND SMALL livestock; Formatted: Font color: Dark Blue 15. KENNELS; 16. Massage therapy establishments; 17. Plant nurseries and greenhouses; 18. Private stables; 19. Professional offices, not including medical (see CUP Section); 20. Raising and marketing of poultry, rabbits and small animals; 21. Repair shops for appliances, bicycles, etc.; 22. Sales stands for the sale of agricultural and horticultural products produced or grown on the premises; 23. Second hand store; 24. Trucking operations and yards; 25. VETERINARY CLINICS, SMALL; Formatted: Font color: Dark Blue LAND DEVELOPMENT CODE AMENDMENT- REVISED JULY 7, 2003 PAGE 48 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 26. Uses similar to those listed above in this section, as determined by the Planning Director. C. Accessory Uses (Uses incidental to a permitted established use) 1. Corrals, BARNS & other animal- KEEPING structures; Formatted: Font color: Dark Blue 2. Detached accessory buildings and structures; 3. Fences and walls; 4. Game courts, unlighted; 5. Garage, enclosed storage, or barn; 6. Guest quarters, provided that no kitchen is provided; 7. Home occupations; 8. IDING ARENA, RODEO GROUNDS PRIVATE, UNLIGHTED ; and, Formatted: Font color: Dark Blue 9. Swimming pools. D. Conditional Uses (Subject to Special Approval Procedure and Conditions) 1. Additional building height; 2. Apiaries; 3. Commercial riding stables and boarding stables; 4. Game courts, lighted; 5. Health care facilities, including clinics, offices and laboratories; 6. ,KEEPING OF RATITES; Formatted: Font color: Dark Blue 7. KEEPING OF SWINE; 8. LIVESTOCK AUCTION YARDS; 9. STABLES, PUBLIC; 10. Manufacturing, processing and assembly; 11. Mini - storage and /or recreational vehicle storage facilities; 12. Restaurants; F ormatted: Font color: Dark Blue 14. RIDING ARENA, RODEO GROUNDS (PRIVATE LIGHTED, OR ANY PUBLIC); 15. Sexually Oriented Business, subject to Article 9 -6 of the Marana Town Code; 16. VETERINARY CLINIC, LARGE; and Formatted: Font color: Dark Blue 17. Warehouse facilities. E. Performance Standards The following limitations shall apply to the conduct of uses within the Mixed -Use Zone: 1. More than one use may be permitted on a single parcel if the following criteria can be met: a. The total of all uses on a single parcel, shall not exceed the Pima County Department of Environmental Quality and other applicable codes and ordinances for individual sewage disposal system, this includes lot area, number of fixtures, required engineering plans, etc. LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 49 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE b. Each type of use (residential, commercial and industrial) shall have its own separate pedestrian entrance; c. Adequate bufferyards are provided between incompatible uses; d. Parking and vehicular accesses are separate between incompatible uses; e. The proposed use does not exceed the standards of the applicable codes and ordinances of the Town nor create any overburden of public or private streets, utilities, emergency services and /or facilities, and; 2. No outdoor storage of equipment or materials shall be permitted unless screened, by a permanent opaque decorative wall at least six feet in height or by a combination of solid wall or fence and landscape screening accepted by the Town. 3. No use shall be established, maintained or conducted within the Mixed -Use zone which may cause the dissemination of smoke, gas, dust, odor or any other atmospheric pollutant that is in violation of Pima County Department of Environmental Quality. Every use shall be so operated that it does not emit dust, heat, glare or vibration in such quantities or degree as to be readily detectable on any property line of the lot upon which it is located. 4. No use shall result in the creation of traffic hazards or undue congestion of any public street or private access. F. Development Standards The following standards shall apply to all developments within the Mixed -Use Zone: 1. General Development Standards. a. Minimum lot area shall be 43,560 square feet (1 acre); b. Minimum lot width shall be 100 feet; c. Minimum lot depth shall be 100 feet; d. Minimum required building setback abutting a street or ingress /egress easement shall be 30 feet. Fifty percent of such setback area shall be landscaped and shall remain as open space, free from structures and parking /loading areas. e. Minimum side and rear setbacks shall be 25 feet. A minimum of 10 feet of the setback area shall be landscaped and shall remain free from structures; This setback may be reduced to include driveways, screening walls, parking if a permanent opaque decorative screening wall five (5) feet in height is constructed along the property line; f.Building Separation. The minimum distance between two primary structures shall be twenty (20) feet. The minimum distance between all other structures shall be ten (10) feet; g. Setback Exceptions. Architectural features such as, but not limited to, eaves, chimneys, bay windows, overhangs, awnings, porches and similar architectural features may encroach into setbacks by no more than four (4) feet, subject to compliance with applicable standards of the applicable Building and Fire Codes; h. Maximum lot coverage shall not exceed a total of 55 percent for each parcel; LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 50 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 1. Maximum building height shall be 24 feet. In conjunction with a Conditional Use Permit application, the Planning Commission may allow an increase to the building height, provided that the applicant provides acceptable justification for the need to exceed the height limit; 2. Landscaping The intent of the Landscaping requirements is to provide residents and businesses with attractive landscaping that creates an interesting streetscape, and provides a safe and effective transition between potentially incompatible land uses. In addition, these requirements regulate the protection of native vegetation as a significant natural resource. All development within the Mixed -Use Zone shall provide site landscaping, including the: bufferyard, parking lot and any applicable screening as required herein and in accordance with Title 17 of the Marana Land Development Code. 3. Access and Off - Street Parking The number, size and design of all parking spaces, driveways and loading areas for all development within the Mixed -Use Zone shall comply with the provisions of Title 22 of the Marana Land Development Code and the following requirements listed below: a. Per Title 6 of the Land Development Code, all lots must abut a Public Street (06.03.03.13), or a private street improved to a standard satisfactory to the Town; b. Access control and driveway locations will be evaluated per Town of Marana standards. Joint driveways are desirable whenever possible in order to minimize the number of access points to streets and access easements; c. All parking shall be off -street in paved, landscaped parking areas, and; 4. Signs Sign standards are hereby established to promote a quality visual appearance throughout the Mixed -Use Zone; to allow individual businesses to clearly identify themselves and the goods and services offered; to create a unique environment to attract visitors; to safeguard and enhance property values; to reduce potential hazards to motorists and pedestrians; and to eliminate excessive and confusing sign displays. All signs for developments within the Mixed -Use Zone shall comply with the provisions of Title 16 of the Marana Land Development Code and the following additional sign requirements: a. Materials, colors and shades of proposed signs shall be compatible with the related building(s) on the property; b. Monument, wall - mounted and free - hanging signboards shall be the approved styles; c. Signage shall be limited to one (1) freestanding sign for each street frontage and one (1) wall sign (near the main entrance). In cases where there are multiple tenants, each tenant within the property shall be allowed one (1) wall sign (near each main entrance, the sign area shall be determined by Section 16 -14 -2; LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 51 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE d. Freestanding signs shall be limited to double- faced, ground- mounted monument style, with proper landscaping in accordance with Section 16 -14 -4. Freestanding pole signs are prohibited; e. Freestanding signs shall not exceed eight (8) feet in height (from grade to the top of sign) and 40 square feet per side and shall be located in such a manner that does not create a traffic hazard, and; f. Changeable letter boards may make up no more than 20 percent of the area of a freestanding sign. 5. Screening To create an attractive environment and visually screen land uses that are not fully compatible, the following standards shall apply to all development within the Mixed -Use Zone: a. Service Entrances and /or Loading Areas. All service entrances, loading areas and spaces must be screened from the abutting property and view from a public street. Such screening shall consist of a minimum five (5) foot wide planting strip consisting of trees, decorative walls and /or landscaping combination that will provide a six (6) foot high barrier; b. Dumpsters and Trash Handling Areas. All dumpsters and trash handling areas shall be enclosed and screened from public view. These areas shall be constructed of materials and colors compatible with those of the primary building(s). Chain link fencing (with or without slats) is not permitted; c. No articles, materials, trash, equipment or inoperable vehicles shall be stored or kept in the open or be visible from the street, ingress /egress easement, and /or adjacent properties. This limitation does not apply to temporary storage of materials, equipment and supplies needed for the construction of improvements on a site, provided such items are completely removed immediately upon completion of the applicable phase of construction, and; d. Utilities. All utilities including electric power, telephone, gas and water shall be located underground. Utilities shall be coordinated with landscape plans to ensure proper screening and landscaping around utility vaults, box transformers, etc. 6. Lighting Site lighting should serve functional, safety and aesthetic purposes. Site and security lighting shall be designed to enhance the safety and quality of the development. Screening of lights from residential areas and glare from traffic areas shall be required. All site lighting shall be in compliance with the adopted Marana Outdoor Lighting Code. LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 52 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE TITLE 8 GENERAL DEVELOPMENT REGULATIONS SECTIONS: 08.01 Building Permits Required, Procedure Therefor 08.02 (Reserved) 08.03 Adoption of the Uniform Building, Plumbing, and Electrical Codes, with Exceptions 08.04 Animal Keeping and Related Structures 08.05 Building Height Increase Formatted: Font: 10 pt, Font color: _09w0_&08--- .__ -- .............._Lcat+on of...stltres 4e Mouse a Formatted: Blue Formatted: Font color: Dark Blue Formatted: Font: 10 pt, Font color: Dark Blue of the GwRer of any of the aforementioned all'FAWS thAtwp rnRint;;in�d on th;;t awpor's own Ian ----- - - - - -- Formatted: Font: 10 pt, Font color: Dark Blue 08.04 Animal Keeping and Related Structures Formatted: Font color: Dark Blue An person desiring to keep animals and or animal related structures for economic value and or Formatted: Font: 10 pt, Font color: otherwise shall maintain those animals and structures consistent with all policies, regulations, lations, and Dark Blue or adopted bylaws of the Town of Marana. The regulation of animal keeping and related structures established specific to this section shall apply to new development activity urtenant to the - -- Formatted: Font: 10 pt, Font color: keeping of animals on and or after the effective of date of this section. This section has been Dark Blue promulgated to provide minimum regulations for the protection of public health animals and the Formatted: Font: 10 pt, Font color: environment. lease refer to Chapter 6 of the Marana Town Code for Animal Control Re- ulations Dark Blue applicable within the Town of Marana. Formatted: Font: 10 pt, Font color: ` ------- - -- ------ --- ---- ----- ------- --- --- ------------ -- - -- ------------------- -------------- --------------- ----- ---- ---- - - - - -- Dark Blue 08 04 01 General Maintenance t Formatted: Font: 10 pt, Font color: Dark Blue 1. Animal keeping and related structures shall be arranged, conducted and or maintained Formatted: Bullets and Numbering so that: A. The animal keeping area is completely enclosed within an approved fence t - - - - -- Formatted: Bullets and Numbering consistent with the quantity, age, and disposition of the animals bein kept. Formatted: Font: l0 pt, Font color: B. Construction materials are non taxis. ;' Dark Blue C. Insects, vermin, odors, noises, manure, garbage and or other noxious materials or praatiees do not compromise the public's health. Formatted Indent: Left: 0.91 ", D. No condition of said use or structure restricts the rig of the adjacent ra ert Hanging: 0 . 3 ", +Numbering S Numbered + Level: i ;' Style: A, B, C,... + owner to enjoy the use of their property. Start at: 1 + Alignment: Left + E. Adequate water facilities are provided that prevent onding of water. Aligned at: 0.25" + Tab after: 0.5" F. Feeding occurs on impervious surfaces as appropriate. + Indent at: 0.5 ", Tabs: 0.77 ", List G. Fre uent or continuous barks, squawks, and or other animal related sounds are tab +Not at o.s" + 0.68" not audible to adiacent residential structures, Formatted: Font color: Dark Blue H. Generation of dust is minimized. Formatted: Font: 10 pt, Font color: I. Outdoor lighting does not generate glare in the direction of streets and or --- I Dark Blue d acent properties; and is consistent with the Town of Marana Lighting htin Code, - - - - - -- Formatted: Font: 10 pt, Font color: Dark Blue LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 53 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 2. Any person keeping animals shall ensure: A. Animals are provided with food of sufficient duality and quantity and food is t --- - - -- Formatted: Bullets and Numbering appropriate to the species, disposition, and age of the animal. B. Water is available at all times. C. Animals have convenient access to a structure which provides shade from direct sun light. D. Animal structures are designed to minimize the spread of disease. E. Animals are provided with sufficient medical treatment and care. F. Opportun& for geriodic exercise under apgropriate control sufficient to -_ -__- __ - -- Formatted: Font: 10 pt, Font color: maintain good health.. Dark Blue - -- -- - - - -- -- - - - -- - - - - -- - - -- -- -- G. Animal keeping structures are designed to — minimize the risk of animal iniury Formatted: Font: 10 pt, Font color: and are of a size of space conducive to the animal's good health. Dark Blue H. Tie -outs are located so that they cannot become entangled. I. Manure is removed from any animal keeping structure or area in a timel manner and handled or disposed of in a manner free of health hazard or nuisance. Mound storage shall not be permitted on a lot less than 5 acres and shall not be allowed to drain contaminate or pollute any watercourse or rr�arian area. J. nimals have access to a structurally sound Qrooerly ventilated sanitar and -- Formatted: Font: 10 pt, Font color: weatherproof structure which provides relief from exposure to severe weather Dark Blue conditions and is suitable for the species, conditions and age of the animal(s) being_kept, - ----- - - -- -- -- Formatted: Font: 10 pt, Font color: K Any public and or commercial animal keeping practice provides a schedule ____ Dark Blue for cleaning and maintaining structures. Said schedule shall be posted on or Formatted: Font: 10 pt, Font color: near the structure being maintained in a manner clearly visible to the public. Dark Blue L. No rental animal including but not limited to, horses and mules shall work more than eight hours a day. There shall be a rest period of a minimum ofl5 minutes for every two working hours. During such rest periods, the person in charge of such rental animal shall make sufficient fresh water available. • ----- --- -- --- --- ---- - - - - -- - - Formatted: Font: 10 pt, Font color: Nothing in this section shall be deemed to prohibit the use of animal manure or Dark Blue droppings on any farm garden, lawn or ranch in a manner compatible with customa Formatted: Font: 10 pt, Font color: methods of good horticulture. Dark Blue • ------------------------------------------------------- - -- --- ------- - - - - -- - - - - -- - -- - - - - -- - - Formatted: Font: 10 pt, Font color: 4. Slaughtering for ur oses other than for owner's consum ti on shall be rohibited in all - Dark Blue residential districts. Formatted: Font: 10 pt, Font color: •----------------------------------------------------------------------------------------------- - ---------- ------- ------ - - - - -- Dark Blue 08.04.02 Development Standards �' _ Formatted: Font: 10 pt, Font color: Unless otherwise noted; the regulation of animal densities permitted within this sub - section shall ---- Dark Blue not apply to un- weaned animals. Certain omissions to the following sub - section regulations Formatted: Bullets and Numbering be made when animal keeping and related structures are sponsored b the 4 -H Club Future Formatted: Font: 10 pt, Font color: Farmers of America or other similar nonprofit organization, provided that a letter of authorization Dark Blue from the sponsoring organization is submitted to the Town acknowledging that the pro is in factsponsored by the organization, describing the project and stating its length of time. ------------------------------------------------------------------------------------------------------ - - - - -- —.-- Formatted: Font: 10 pt, Font color: Dark Blue 1. Ap iaries - - -- Formatted: Font: 10 pt, Font color: ------------------------------------------------------------------------------------------------------- A. Beekeeping is prohibited in residential zones and or any lot less than five (5) t Dark Blue acres. The keeping of any bees shall require the construction of an apiary. Formatted: Bullets and Numbering B. Colonies shall be maintained in movable -frame hives. C, Hives shall be erected using a hive stand which separates the hive's bottom boards from directly contacting the ground. D. Colonies shall be maintained to reasonably prevent undue swarming or aggressive behavior. LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 54 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE E. Colonies shall be re- queened following any swarming or aggressive behavior. F. Four 4 colonies shall be permitted for every 10,000 square feet of parcel area. G. Apiaries shall be set back a minimum of 100 feet from any adjacent residential property line and a minimum of 60 feet from all other Property lines. 2. Aviaries A. The practice of bird keeping within a primary structure shall be limited to 15 t -- - --- Formatted: Bullets and Numbering birds and shall not require the construction of an accessory structure and/or Formatted: Font color: Dark Blue aviary. B. The keeping of more than 100 hundred birds is prohibited in and or adjacent Formatted: Font: 10 pt, Font color: to a residential district. Dark Blue C. No person shall keep birds outside of their primary structure without erecting Formatted: Font color: Dark Blue an aviary. Formatted: Font: 10 pt, Font color: D. A minimum of 1.5 square feet shall be provided for each bird. Dark Blue E. Except in the AG Zone aviary length or width shall not exceed 50 linear fee - Formatted: Font color: Dark Blue nor shall the height exceed the maximum height for structures of the applicable zoning district. Formatted: Font: 10 pt, Font color: F. A single aviary shall not exceed 2,000 square feet. Dark Blue G, Perches shall be provided for perching species in a manner that allows the bird(s) to stretch to its full height without its head touching the top or its tail touching the bottom of the aviary H. Aviaries shall be set back a minimum of 60 feet from any property line 1. A minimum of 20 feet shall be provided between any residential structure and V�--------------------------------------------------------------------------------------- - - - - -- Formatted: Font: 10 pt, Font color: t, Auto 3. Stables Private -- -- e -4----------- -- ---- ---- ----- -- --- --- - - - t:, Formatted: Indent: Left: 0" - - Private ---- size ------ sh ---- all - ---- be -- 1 -- a- c A. Minimum lot . -- ------ - - - - - -- -- - -- ---------- - - - - -- , B. One animal shall be permitted for every 10,000 square feet of lot area. dent: Left: 0 ", Hanging: Formatted: d: Indent: C. Animals shall be confined within a stock -tight fence or corral. D. Stables shall be setback a minimum 60 feet from all property lines. Formatted: Font color: Auto E. Corrals shall be setback a minimum 30 feet from the front property line. Formatted: Font: 10 pt, Font color: F. A minimum of 400 square feet of fenced area shall be provided for each Auto animal. Formatted: Font: 10 pt, Font color: • Auto 4 Stables, Public Formatted: Font: 10 pt, Font color: ----------------------------- ---- -- - - - -- ---------------------------------------------------- A. Minimum lot size shall be five (5 acres. -------- -- - - - --- -- --------------------- --------- �: Auto B. All animal structures shall be set back a minimu of 00 feel: from any adjacent residential property line and 100 feet from all other property lines. Formatted: Font: 10 pt, Font color: C. Corrals shall be set back a minimum of 30 feet from front property line. Auto D. A minimum of 400 square feet of fenced area shall be provided for each t, Formatted: Bullets and Numbering animal. Formatted: Font: 10 pt, Font color: Auto 5 Kennels Formatted: Font: 10 pt, Font color: A, Minimum lot size shall - be one )acre. Auto B. Structures shall be set back a minimum of 60 feet. Formatted: Bullets and Numbering C. Fenced area accessory to the kennel (such as but not limited to a dog runt shall be set back a minimum of 30 feet from any prope[ty line. Formatted: Font: 10 pt, Font color: Auto 6 Fowl Formatted: Bullets and Numbering --- - - - - -- -- - - - - - -- -- - - - - - -- A. Minimum lot Size shall be One (1 }acre. Formatted: Font: 10 pt, Font color: B. A maximum of forty (40) animals per acre shall be permitted. Auto C. Structures shall be set back a minimum of 60 feet from any property line. Formatted: Bullets and Numbering LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 55 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 8 Livestock/ Large ---_------------------_______-__----------------------------- - - - - -- Formatted: Font: 10 pt, Font color: A. Minimum lot size shall be 1 acre, F, Auto B. One animal shall be permitted for every 10,000 square feet of lot area. Formatted: Bullets and Numbering C. Animals shall be confined within a stock -tight fence or corral. D. Animal structures shall be set back a minimum of 60 feet from all property lines% corrals shall be set back a minimum of 30 feet from fron property line. ----- -- ---- Formatted: Font: 10 pt, Font color: E. A minimum of 400 square feet of fenced area shall be provided for each Auto animal. 9 . Livestock/ Small ----- - - - - -- - -- ------- - - - - -- -- -- - - -------------- - - - - -- ----- Formatted: Font: 10 pt, Font color: A. Minimum lot size shall be 1 acre. t. Auto B. One animal shall be permitted for every 5, 000 square feet of lot area. Formatted: Bullets and Numbering C. Animals shall be confined within a stock-tight fence or corral. D. Animal structures shall be set back a minimum of 60 feet from all propert lines; corrals shall be set back a minimum of 30 feet from fron property line Formatted: Font: 10 pt, Font color: E. A minimum of 200 square feet of fenced area shall be provided for each I Auto animal Y------------------------------- -- -- ---------------- - - -- -- - - --- Formatted: Font: 10 pt, Font color: Auto 10 R Cites Formatted: Font: 10 pt, Font color: A. Minimum lot size shall be two J ., �..._ ------------------------- - - Auto B. One ratite shall be permitted for every 10.000 square feet of lot area. C. Animals shall be confined within minimum six-foot-hig stock fenced Formatted: Bullets and Numbering corrals. Formatted: Font: 10 pt, Font color: D. The minimum setback for structures shall be 60 feet from any property line: Auto the minimum setback for corrals is 30 feet from any property line. ine. Formatted: Font: 10 pt, Font color: Auto 11 Riding Arena, Rodeo Grounds _ -_ - - -- Formatted: Font: 10 pt Font color. A. Minimum lot size shall be threeap acres for commercial and or public arenas ., Auto and grounds. Formatted: Bullets and Numbering B. Minimum lot size shall be one (1) acre for arenas and grounds for grivate recreation and training. Formatted: Font: 10 pt, Font color: C. Minimum required setbacks for all arenas and or rodeo facilities such as but Auto not limited to a chute shall be 100 feet from any property line. Formatted: Font: 10 pt, Font color: D. A minimum of 400 square feet of fenced arena or grounds shall be provided Auto for each animal. E. Rodeo Grounds practices and maintenance shall be consistent with the Pima County 4 -H and FFA Livestock and Small Stock Show Code of Ethics. 1 2. Rodents - - -- -- - - - - -- ------ - - - - -- - - -- --- ------ ---- ----- ------ --- - ---_ - Formatted: Font: 10 pt, Font color: A. Minimum lot size shall be one (1) acre. t, Auto B. A maximum of forty (40) animals per acre shall be permitted. Formatted: Bullets and Numbering C. Structures shall be set back a minimum of 60 feet from any property line. 13 ._ Swine .......................................... ----- - - - - -- ------------ ----- Formatted: Font: 10 pt, Font color: A. Minimum lot size shall be one (1) acre. t. Auto B. One 1 swine per acre shall be permitted fora parcel smaller than 5 acres. Formatted: Bullets and Numbering C. The minimum setback for a swine related structure and or pen on a lot less than 5 acres shall be 100 feet from any property line. D. On a parcel 5 acres or greater, all swine related structures and or pens shall be located on the half oft ... -- -- he property apposite of the highest classified street adjacent to the subiect property. E. The minimum required setback for any pen or structure on a lot containing 5 or more swine shall be 300 feet from any property line. F. The keeping of five or more swine shall be prohibited within a residential district. LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 56 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 08.04.03 Enforcement ---------------------------------- --------- --------- - - - - -- t, ------ Formatted: Font: 10 pt, Font color: Dark Blue Upon finding by the Town that a violation of this section exists under application and or review for Formatted: Bullets and Numbering new development the applicable permit or authorization shall be withheld 08.04.04 Seyerability - - - - ---- Formatted: Bullets and Numbering Each part of this section shall be construed as separate; if any part of the section shall be held invalid for any reason, the remainder of the section shall remain applicable. This section shall not ------------ Formatted: Font: 10 pt, Font color: apply to open range as determined under Arizona Revised Statutes. , Dark Blue Formatted: Font: 10 pt, Font color: Dark Blue 08.0 4.05 Administrative Relief ---------------------------------- -------------------- --- ------ Formatted: Font: 10 pt, Font color: Dark Blue The Planning Director may make administrative modifications to any standard established through S action 08.04 of the Land D evelo ment C ode based o n the f ollowing p rocedure. T he applicant shall submit a letter, addressed to the Planning Director, regarding the following: 1. How and why the applicant finds there exists extraordinary conditions and/or other - - - - -- Formatted: Bullets and Numbering circumstances such that the strict application of the particular requirement would result in practical difficulties or unnecessa hardship to the proposed animal keeping 2. The improvements would be inconsistent with the general intent of this zone or the project and that there are exceptional circumstances or conditions applicable to the subject property which make the standard in question unfair, oppressive or not in keeping with customary animal keeping practices. 3. The proposal is consistent with the Town of Marana General Plan 4. With the exception of the requested waiver, the proposal complies with the Land - - - - -- Formatted: Bullets and Numbering Development Code and other applicable provisions of the Town of Marana Municipal Code, and, if applicable the Northwest Marana Area Plan 5. The site is of a sufficient size and configuration to accommodate the design and scale of - - - - -- Formatted: Bullets and Numbering proposed development including buildings and elevations landscaping parking and other physical features of the proposal 6. The design scale and layout of the proposed develop, ent will not unreasonably interfere -- - --- Formatted: Bullets and Numbering with the use and enjoyment of neighboring existing or future developments will not create traffic or pedestrian hazards and will not otherwise have a negative imp act on the aesthetics health safety or welfare of neighboring uses. 7. The architectural design of the proposed development is compatible with the character of- - - - - -- Formatted: Bullets and Numbering the surrounding neighborhood, will enhance the visual character of the nei hborhood and will provide for the harmonious, orderly and attractive development of the site 8. The design of the proposed development will provide a desirable environment for its -- - - -- Formatted: Bullets and Numbering occu ants the visiting public and its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adeguate level of maintenance. 9. The Modification on the proposed development is Compatible with and enhances the - - - - -- Formatted: Bullets and Numbering design of existing buildings and other physical features of the site LAND DEVELOPMENT CODE AMENDMENT- REVISED JULY 7, 2003 PAGE 57 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE The Planning Director may not grant approval of an administrative modification unless it has first been determined based on the evidence that all of the following findings can be made: 1. The strict agglication of the particular requirement would result in practical difficulties - - - -- Formatted: Bullets and Numbering or unnecessary hardship to the proposed animal keeping and would be inconsistent with the general intent of this zone or the project: 2. There are exceptional circumstances or conditions applicable to the subject RroperLy ------ Formatted: Font: 10 pt, Font color: which make the standard in question unfair, o ressive or not in keeping with Dark Blue customary animal keeping practices' and 3. The granting of the waiver would n of b e materially d etrimental to the p ublic health safety and welfare, nor injurious to the property or alternative improvements thereon in the immediate vicinity. The Town shall provide a written response within fifteen (15) days of receiving the modification request approving or denying said reguest with the reason(s) why. ------------------- ---------- ----- ---- --- - -- - - -- Formatted: Font: 10 pt, Font color: Dark Blue LAND DEVELOPMENT CODE AMENDMENT- REVISED JULY 7, 2003 PAGE 58 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE TITLE 3 DEFINITIONS SECTIONS: 03.00 General Usage 03.01 Definitions "A" 03.02 Definitions "B" 03.03 Definitions "C" 03.04 Definitions "D" 03.05 Definitions "E" 03.06 Definitions "F" 03.07 Definitions "G" 03.08 Definitions "H" 03.09 Definitions "1" 03.10 Definitions "J" 03.11 Definitions "K" 03.12 Definitions "L" 03.13 Definitions "M" 03.14 Definitions "N" 03.15 Definitions "O" 03.16 Definitions "P" 03.17 Definitions "Q" 03.18 Definitions "R" 03.19 Definitions "S" 03.20 ,Definitions "T" 03.21 Definitions "U" 03.22 Definitions "V" 03.23 Definitions "W" 03.24 Definitions "X" (Reserved) 03.25 Definitions "Y" 03.26 Definitions "Z" (Reserved) 03.00 General Usage The definitions provided for in this article shall apply throughout these regulations, unless a different meaning is clearly indicated by a context or the term is defined differently in any other section. The words, phrases, and terms shall be deemed to have the meaning ascribed to them in the following paragraphs. When consistent with the context, words used in the present tense include the future; words in the singular include the plural; and those in the plural include the singular. A. The word "Council" shall mean the Town Council of Marana. B. The word "Building" includes the word "Structure ". C. The word "Shall" is mandatory and the word "May" is permissive. D. The word "Used" includes the words "arranged for, designed for, occupied or intended to be occupied for'. E. The words "Building" or "Structure" include any part thereof. LAND DEVELOPMENT OODE AMENDMENT - REVISED JULY 7, 2003 PAGE 1 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT t LAND DEVELOPMENT CODE F. A "Person" includes a corporation, a partnership, and an unincorporated • association of persons such as a club. 03.01 Definitions "A" Abutting: Two (2) adjoining properties having.a common property line or boundary. Access or Accesswav The place, means, or way by which pedestrians and vehicles shall have safe and usable ingress and egress to a property. Accessory Building A subordinate building or portion of a main building on the same lot or b uilding s ite, incidental to that permitted in the main building, or to the land u pon which the main building is located. Accessory Use A use incidental or subordinate to the principal use of a lot or building and devoted exclusively to the main use of the lot or building thereon. Acre 43,560 square feet. PA_IARY A PLACE WHERE BEES ARE KEPT FOR THEIR HONEY, GENERALLY _ - -- Formatted: Font color: Dark Red, - ---- - - - - -- - --------------------------- - - - - -- - CONSISTING OF A NUMBER OF HIVES. PJi caps AVIARY L ARGE CAGE OR BUILDING SPECIFICALLY DESIGNED FOR KEEPING BIRDS. 03.02 Definitions "B" Buildable Area The lot area where a building can be placed after yard setbacks and easements are deducted. Builder The builder is the purchaser of a development area, or portions of a development area who will build or provide for building within their areas of ownership. The builder is responsible for implementation of those facilities within each of the development areas, and ancillary facilities within the spine infrastructure system. Building Any structure having a roof and walls built and maintained for the support, shelter, or enclosure of persons, animals, chattel, or property of any kind including an apartment house, hotel or dwelling, single or in combination. Building Height The vertical distance between the finished floor elevation and the highest point of the building, excluding chimneys, vents and antennae, provided the finished floor elevation is no higher than 2' above any adjacent grade within 4' of the building. - Building Main: A building within which is conducted the principal use permitted on the lot. Building Setback The distance a building must be set back from a specified point. Building Site The ground area of a building or buildings together with all open spaces adjacent thereto. Business or Commercial The purchase, sale or other transaction involving the handling or disposition, other than that included in the term "industry" as defined herein, of any article, substance or commodity for profit or gain. 03.03 Definitions "C" Camp, Farm Labor A building or complex of buildings located on an operating farm that is intended to house farm workers and /or their families on a seasonal basis. LAND DEVELOPMENT CODE AMENDMENT- REVISED JULY 7, 2003 PAGE 2 OF 58 • DRAFT TOWN OF MARANA, ARIZONA DRAFT 1 LAND DEVELOPMENT CODE Child Care Center A facility providing compensated nonresidential care and supervision to more than ten children. Also termed a day nursery. Church A building or group of buildings used primarily as a place of communion or worship. "Church" includes convents, religious educational buildings and parish houses, but not parochial schools. ,COLON A CONTROLLED HONEY BEE BROOD INCLUDING A SINGLE QUEEN - -- Formatted: Font color: Dark Red, BEE, . ---------------------- -- ----------- ------ ---- --- - - --- - --- -- --- - -- All caps DRONES, AND WORKERS Commission The Town of Marana Planning Commission. Common Area An area of common access designed to serve two or more separate dwelling units which may or may not be under separate ownership. Condominium A form of real estate structure ownership established through the subdivision of real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the building owners of the separate portions. Real estate is not a condominium unless the individual interests in the common element are vested in the building unit owners. Condominium Proiect A plan or a project involving a building that is owned or offered for sale, or is projected to be owned or offered for sale to two or more persons who will separately own defined dwelling unit space, together with an undivided interest in common areas or facilities of the property. The term shall also refer to the entire real property when so indicated by the context of this code. Coun : Pima County, Arizona. Crop, Agricultural The growing of crops in the soil in the customary manner in the open; including the processing, wholesaling, and retailing of such grown agricultural products when such activities are performed on the premises on which the crops are raised. The term does not include the raising of livestock. Cul -de -sac A local street with only one outlet and having an appropriate terminal for the safe and convenient reversal of traffic movement. 03.04 Definitions "D" DAIRY FARM :_, AREA WHERE DAIRYANIMALS ARE KEPT FOR MILKING AND Formatted: Font color: Dark Red, FROM WHICH A PART OR ALL OF THE MILK IS SOLD, OFFERED FOR SALE 0 R ',,; All caps SUPPLIED FOR HUMAN CONSUMPTION, AND INCLUDES ALL BUILDINGS, YARDS Formatted: Font: Italic, Font color: AND PREMISES OCCUPIED OR USED IN CONNECTION WITH THE PRODUCTION Dark Red, All caps OF MILK., Formatted: Font color: Dark Red, - - - - - - - -- - -- - - - - -- --------------------- AII caps Densi : The number of dwelling units that may be constructed per a unit of measure of Formatted: Font color: Dark Red, land area. Usually expressed using the acre as the unit of measure. All caps Formatted: Font color: Dark Red, Developer Any person, including a governmental agency, undertaking any All caps development as defined in these regulations. Development Code The zoning code of the Town of Marana and overlay regulations including those which might deal with floodplains, hillside or slope protection, and related regulations; subdivision regulations, sign regulations, and all other land use regulations contained within this division of the Town of Marana Municipal Code. Driveway A private method of vehicular access contained fully within a lot. LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 3 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE Drought Tolerant Vegetation Low water use plants, which after established, survive within the Sonoran Desert climate with little or no supplemental watering. Duplex A residential building containing two dwelling units. Dwelling A building or portion thereof, designed and used exclusively for residential occupancy, including one - family, two - family, and multiple dwellings, but not including hotels, boarding or lodging houses. Dwelling, Single Familv A building designed for occupancy by one family as a residence and contains only one kitchen. Dwelling, Multiple-Family A residential building containing two or more dwelling units, each designed for occupancy by an individual or one family as. a. residence. 03.05 Definitions "E" Easements A space on a lot or parcel of land defined on a subdivision map, in a deed restriction, or separate document, reserved for and /or used for public utilities, ingress and egress, drainage or other special purposes. Enterprise An individual or organization engaged in a single type of business or governmental activity as classified and defined by the United States Standard Industrial Classification Manual at the two -digit level. 03.06 Definitions "F" Familv One or more individuals occupying a dwelling unit and living as a single housekeeping unit. EEDLOT: ANY FENCED AREA USED COMMERCIALLY FOR THE EXPRESS - Formatted: Font color: Dark Red, ---------- - - - - -- - -- - - - -- - - -- - -- -- - - - - -- ----------------------------- - - - - -- ------------------------- PURPOSE OF FATTENING LIVESTOCK FOR SLAUGHTER OR SAL All caps of all or art of a subdivision essential) conforming to an approved For Font color: Dark Red, Final Plat A map p Y 9 PP fill caps preliminary plat, and prepared in accordance with the provisions of the Town of Marana • subdivision regulations. Flood A temporary rise in flow or stage of any stream, watercourse or lake that may result in water overtopping its banks and inundating adjacent areas. Floodplain Areas of land adjoining or near the channel of a watercourse which has been or may be hereafter covered by flood water, and which functions as a temporary channel or reservoir for overbank flow. - Floodplain Board The Town Council of Marana. Floodwav A delineated area, as determined by a hydraulic analysis approved by the Town of Marana Engineer, where the hypothetical encroachment into the floodplain will allow passage of the regulatory flood without increasing the flood height more than one foot. Additional hydraulic criteria that will be applied to determine the boundaries of the floodway are: 1). equal flow conveyance removal will be assumed from each side of the floodplain, and 2). the exact boundary of the floodway will be selected so that its alignment will ultimately be streamlined in relation to upstream and downstream developments. Floor Area Ratio ( FAR) A ratio expressing the a mount of square feet of f loor a rea permitted for every square foot of land area within a site. The FAR is usually expressed as a single number. LAND DEVELOPMENT ODDE AMENDMENT - REVISED JULY 7, 2003 PAGE 4 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE f W_L: A BIRD OF A TYPE THAT_ IS USED TO PRODUCE MEAT OR EGGS,__­ Formatted: Font color: Dark Red, -- - ------- - - - - -- ------------------------ - - - - -- • INCLUDING, BUT NOT LIMITED TO, CHICKENS, DUCKS, TURKEYS, AND All caps PEACOCKS. Frontage All property fronting on one (1) side of a street between a street and a right - of -way, or between intersecting or intercepting streets, or to the end of a dead -end street. An intercepting street shall determine the boundary of the frontage on the side of the street that it intercepts. 03.07 Definitions "G' Garage. Private An accessory building or portion of the main building, designed or used for the shelter or storage of self propelled vehicles owned or operated by the occupants of the main building. - Gasoline Service Stations A retail establishment primarily engaged in selling petroleum products, but not including auto repair shops, body and fender works, similar repairing and painting uses, or mechanical or stream washracks. General Plan The Town of Marana General Plan. Gross Floor Area The sum of the areas of all horizontal surfaces of a building, measured from outside surface to outside surface. Grade The average of the finished ground level at the center of all of the exterior walls of a building. In case the front wall is parallel to and within five (5) feet of a sidewalk, the grade shall be measured at the sidewalk at the centerline of the front of the lot. Guest House Living quarters for guests, relatives, or servants on the premises in an accessory building or attached to the principal residence. 03.08 Definitions "H" IVE: A MOVABLE -FRAME RECEPTACLE USED FOR KEEPING BEES WHICH_ MAY Formatted: Font color: Dark Red, CONSIST OF ONE OR MORE FRAMES ON A SINGLE BOX STAND. All caps Home Child Care Center Any single residence dwelling in which child care is regularly provided for compensation for five (5) or more, but not more than ten (10) children not related to the proprietor. The proposed child care center shall meet all requirements for certification by the State Department of Health. Home Occupation Any activity carried out for gain by a resident, conducted as an _ accessory use in the resident's dwelling unit. A home occupation shall not exceed 25% of the gross floor area of a dwelling, shall not involve persons who are not permanent residents of the residence unless approved through the Conditional Use Permit procedure as provided in Section 10.10. A home occupation shall not display on -site advertising or identification signs or have external evidence of the conduct of the home occupation, shall maintain the required residential off - street parking, shall not create off - street or on -street parking, vehicular or pedestrian traffic which is greater than that normally a ssociated w ith a solely residential use of t he p remises on w hich t he home occupation is conducted and shall not create conditions that are a nuisance to neighboring properties. Equipment which is visible from off -site or which creates audible interference in radio and television receivers or causes fluctuations in line voltage outside the dwelling using it is prohibited. LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 5 OF 58 i DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE Hospital Any building or portion thereof used for the accommodation and medical care of sick, injured or infirm persons and including sanitariums, institutions for the cure of chronic drug addicts and mental patients. Hotel A building containing six or more guest rooms, in which lodging is provided and offered to the public for compensation and which is open to transient guests, together with commercial accessory uses operated primarily for the convenience of the guests thereof. 03.09 Definitions "I" Improvement Any man -made immovable item which becomes part of, places upon, or is affixed to real estate. Improvements are typically .required to be installed as a condition of approval or acceptance of a development. They may include, but-are'not limited to, roads, water facilities, easements, traffic control devices, utility lines, and other similar facilities. Industry The manufacture, fabrication, processing, reduction or destruction of any article, substance or commodity, or any other treatment thereof in such a manner as to change the form, character, or appearance thereof. Ingress: Access or entry. Intervening property Property located between an existing public right -of -way or existing public utility easement and the I and within a subdivision or other large scale development. 03.10 Definitions "J" Junk (Salvage) Yard A place where scrap, waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, handled, or stored in the open, including, but not limited to, automobile wrecking yards, used lumber yards, and places or yards for the storage of salvaged house wrecking and structural steel materials, and equipment. This excepts farming operations, or where such activities are conducted entirely w ithin a c ompletely a nclosed building and where s alvaged m aterials are kept incidental to manufacturing or other industrial or agricultural operations conducted on the premises. 03.11 Definitions "K" hiG - ------ - Formatted: Font color: Auto ,K ENNEL : ANY ENCLOSURE, PREMISES BUILDING, STRUCTURE, LOT OR AREA Formatted: Font color: park Red, WHERE DOGS, CATS, OR OTHER ANIMALS ARE KEPT, RAISED, SOLD, BOARDED, All caps BRED, SHOWN, TREATED OR GROOMED FOR ECONOMIC GAIN. 03.12 Definitions "L" Landscaping Making an area attractive through the use and arrangement of living vegetation, such as trees, bushes, and groundcovers, together with inert materials such as wood, rocks, brick, and decomposed granite. Land Splits The division of improved or unimproved land whose area is two and one - half acres or less into two or three tracts or parcels of land for the purpose of sale or lease. Land Use A description of how land is occupied or utilized. LAND DEVELOPMENT CODE AMENDMENT- REVISED JULY 7, 2003 PAGE 6 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE RGE LIVESTOCK: INCLUDES CATTLE, HORSES, OXEN, DONKEYS, MULES, Formatted: Font color: Dark Red, i LLAMAS, AND OTHER SIMILAR ANIMALS. All caps Large Scale Development For zones A -F, any planned unit development, condominium project, mobile home park, recreational vehicle park, planned shopping center, planned industrial park, group dwelling, apartment building complex, or farm labor camp located on a lot or parcel of land that is larger than 2.5 acres and which is planned and developed as a single entity or which contains land or facilities that are held as common properties. L IVESTOCK AUCTION YARD: A PARCEL OF LAN_ D AND ACCOMPANYING _- Formatted: Font color: Dark Red, BUILDINGS USED FOR THE SALE BY AUCTION OF LIVESTOCK OFFERED ON All caps CONSIGNMENT. _ Local Street A street whose purpose is to provide access to property, provide vehicular linkage within a residential or nonresidential neighborhood, but not necessarily through movements. Lot: A tract of land bounded on all sides by property lines, of sufficient size 'to meet minimum zoning requirements, of use, coverage, area, setbacks, and other areas as required by these regulations with legal access to a public street. Lot Area The total land area, measured in a horizontal plane, included within the lot property lines. Lot. Comer A lot located at the intersection of two (2) or more streets. Lot Coverage The area of a site occupied by buildings, storage areas, and areas allocated to vehicular parking, maneuvering, and service. Lot Depth The horizontal distance between the front and rear lot lines. Lot Frontage The length of the lot line abutting a street. Lot Improvement Any building, structure, place, work of art, or other object or improvement of the land on which they are situated constituting a physical betterment of real property, or any part of such betterment. Lot. Interior A lot other than a comer or key lot. Lot. Kev Any lot where the side lot line abuts the rear lot line of other lots. Lot. Large For zones A -F, any lot occupying 25 acres or more. Lot Line A line of record bounding a lot. Lot Line, Common Any side or rear property line which adjoins or abuts another side or rear property line, not including side or rear property lines abutting a street or alley. Lot Line, Front The lot line separating a lot from a street. Lot Line, Rear 1. The lot line which is opposite and most distant from the front lot line. 2. The rear lot line of an irregular, triangular or gore lot shall, for the purpose of this code, be a line entirely within the lot at least ten feet along and parallel to and most distant from the front lot line. Lot Line, Side LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 7 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 1. Any lot line not a front lot line or a rear lot line. 2. A side lot line separating a lot from a street is a street lot line. 3. Aside lot line separating a lot from another lot is an interior side lot line. Lot. Medium Size For zones A -F, any lot occupying more than 2.5 acres but less than 25 acres. Lot. Small For zones A -F, any lot occupying 2.5 acres or less. Lot Width The mean horizontal width of the lot measured at right angles to the lot depth. 03.13 Definitions "M" Major Street A street so designated on the adopted Marana Transportation Plan. Manufactured Home A single - family dwelling structure transportable in one o r more sections manufactured after June 15, 1976, to standards established by the U.S. Department of Housing and Urban Development. The structure is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation, when connected to the required utilities. Manufactured Home Park A residential use in which more than two manufactured home spaces are located on a single site area. The spaces may be leased, rented or sold. If the individual spaces are sold, the remainder of the use must be in the common ownership of all unit owners. Model Home A dwelling unit used initially for display purposes which typified the type of units that will be constructed in the subdivision. Motel A facility offering transient lodging accommodations of six or more rental units. A majority of all rental units have direct access to the outside without the necessity of passing through the main lobby of the building. Guests are generally traveling by automobile and parking is located convenient to each unit. Multiple Family Structure A building, located on one lot, containing two or more dwelling units. Also known as multifamily structure. 03.14 Definitions "N" Native Vegetation Plants indigenous to an area. Nearby Land For zones A -F, land lying within one - quarter of a mile of a small lot, within one -half mile of a medium size lot, and within one mile of a large lot. Nonconforming A parcel or land, or a building or structure, or portion thereof, or a use which does not conform to the provisions of this Development Code, and which existed prior to the effective date thereof. Nuisance Annoying, unpleasant or obnoxious and out of character with the neighboring area. Nursery 1. A place where young trees or other plants are raised for transplanting or for sale. 2. Does not include commercial fertilizer yard or processing plant. 03.15 Definitions "O" LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 8 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE Off -Site Any premises not located within the area of the property to be subdivided or • developed whether or not in the same ownership of the applicant to subdivision or development approval. Off - Street Parking Parking of motor vehicles that is not located on a street, or public way. On -Site Of or pertaining to a space within the boundaries of a subdivision lot or parcel. Open Space Any area to be kept in open uses including active and passive recreational lands, desert, floodways, floodplains, parks, and greenbelts. 03.16 Definitions "P" Parcel of Land Any quantity of land capable of being described with such defrtiteness that its location and boundaries may be established, which is designated by its owner or developer a s land to b e used o r d eveloped a s a u nit. Parcel includes an a asement supporting or related to a primary parcel, and a condominium unit. Parking Lot Any area of a site or structure used as a parking area for more than four (4) motor vehicles. Parking Space, Standard A space not less than twenty (20) feet in length and not less than nine (9) feet in width for the parking of a motor vehicle, exclusive of driveways and ramps. Permitted Use A land use allowed as a property right within a zoning category subject only to the requirements listed for that use. Phase A portion of a development project scheduled for construction and occupancy as an entity apart from other phases of the development. Planning Administrator The Town of Marana Planning Administrator. Plat: A map of a subdivision. • Preliminary Plat A preliminary map, including supporting data, indicating a proposed subdivision design prepared in accordance with the provisions of the Town of Marana subdivision regulations. Premises A zoned lot, together with the buildings and other structures located thereon. Primary Arterial A road intended to move traffic to and from such major attractions as _ villages, regional shopping centers, colleges and /or universities, major industrial areas and similar traffic generators within Marana and /or as a route for traffic between communities or large areas. Principal Structure A structure in which the principal use of the lot is conducted. Principal Use: The primary or predominant use of any lot. Public Improvement Any drainage ditch, roadway, parkway, sidewalk, pedestrian way, tree, lawn, off -street parking area, lot improvement or other facility for which the Town of Marana may ultimately assume the responsibility for maintenance and operation. 03.17 Definitions "Q" Quasi - Public Land Use Use of the land by private, not - for - profit institutions or organizations for purposes which may, in fact, be public uses, or which may be restricted to a particular group, but which generally involve the use of the land or the facility LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 9 OF 58 • DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE located thereon by a large number of people; including but not limited to churches, private schools, not - for - profit social organizations, hospitals, welfare organizations, or non - profit medical centers. 03.18 Definitions "R" RAC The permitted number of residences per gross acre (43,560 square feet of land area). RA TITE_ MEMBE_RS OF THE - GR- OU- -- -- RAT - ITAE ; - --- LARGE ---FLIGHTLESS - - - - --- , --- - - - - -- Formatted: Font color: Dark Red, - - - -------------------------------------------------- INCLUDING EMUS AND OSTRICHES. I All caps Recorded Plat: A final plat bearing all of the certificates of approval required by Arizona Revised Statutes, and by the Town of Marana subdivision regulations, and recorded by the Pima County Recorder. Recreational Vehicle (R.V.) A unit, designed to provide temporary living quarters, built into as an integral part of or attached to a self - propelled motor vehicle chassis or to be towed by a motor vehicle. The unit contains permanently installed independent life support systems which provide at least four of the following facilities: cooling, refrigeration or ice box, self - contained toilet, heating and /or air conditioning, a potable water supply system including a faucet and sink, separate 110 -125 volt electrical power supply and /or LP gas supply. Recreation Vehicle Park A parcel of land under single or common ownership where two or more spaces are leased, rented or sold for occupancy of an R.V. A fee may or may not be charged for the use of the individual space. Recreational Vehicle Space An area within the R.V. Park for the placement of an R.V. unit, in addition to any exclusive use area adjacent to the unit set aside for the occupants of the R.V., such as patio or parking space. Registered Engineer An engineer properly licensed and registered in the State of Arizona. Registered Land Surveyor A land surveyor properly licensed and registered in the State of Arizona. Requlatory Flood The park discharge of the 100 -year flood. It is representative of large floods known to have occurred generally in the same region and reasonably characteristic of what can be expected to occur on a particular stream or watercourse. _ The regulatory flood generally has an average frequency or recurrence interval of 100 years. Each year there is a one percent chance that an equal or greater flood will occur at that site. Regulatory Flood Elevation The water surface elevation of the regulatory flood for watercourses where supercritical velocities are encountered. The critical depth will be used for determining the regulatory flood elevation. Re-gulatory Floodplain That portion of the natural floodplain that would be inundated by the regulatory flood. Research Laboratory 1. An administrative, engineering, specific research, design or experimentation facility. LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 10 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 2. Shall include research on such things as electronic components, optical equipment, etc. Restaurant An eating establishment where meals may be bought and eaten, also allowing the sale of alcoholic beverages. (DING ARENA! ODEO GROUNDS PRIVATE: AN ENCLOSED A_ REA USED FOR Formatted: Font color: Dark Red, THE PURPOSE OF RIDING AND TRAINING HORSES OR OTHER LIVESTOCK FOR All caps PRIVATE ENJOYMENT. Formatted: Font color: Dark Red, All caps RIDING ARENA/RODEO GROUNDS PUBLIC AN ENCLOSED AREA USED FOR Formatted: Font color. Dark Red, THE PURPOSE OF RIDING, TRAINING, OR SHOWING HORSES OR OTHER -'�;�, All caps LIVESTOCK, OR FOR THE PURPOSE OF COMPETITION INVOLVING_ THOSE Formatted: Font color. Dark Red, ANIMALS. All caps Right- Of-Wav A strip of land occupied or intent to be occupied by a street, crosswalk Formatted: Font color: Dark Red railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm All caps sewer main, or for another special use. The usage of the term "right -of -way" for land platting purposes shall mean that every right -of -way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right -of- way, and not included within the dimensions or areas of such lots or parcels. Rights -of- way intended for streets, crosswalks, water mains, sanitary sewers, storm drainages, or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right -of -way is established. ODENT: NY MEMBER OF THE ORDER RODENTIA, SUCH AS„BUT NOT_LIM[TED - -- Formatted Font color: Dark Red _ TO: MICE, RABBITS, AND HARES. All caps Roof The outside top covering of a building. Formatted: Font color: Dark Red, All caps 03.19 Definitions "S" Formatted: Font color. Dark Red Sale or Lease Any immediate or future transfer or ownership including contract of sale All caps or transfer, of an interest in a subdivision or part thereof, whether by metes and bounds, • deed, contract, plat, map or other written instrument. Screen A barrier that functions to shield, protect or conceal. Setback A distance from a set point. Significant Change in Land Use For zones A -F, any change in land use that will: (1) more than double the household or enterprise density of the land in question within one year; or (2) change the nature of the activity on the land from residential (including renter occupied housing) to non - residential; or (3) change the nature of any business, industrial, or quasi - public use of the land (including agriculture use) to any use that would fall in a different Standard Industrial Classification at the major group level, except where such other use is already in existence on land immediately adjacent to the site of the proposed change; or (4) be reasonably expected to more than double the use of nearby streets or other public facilities within one year. Notwithstanding, however, for small lots that have been vacant, upon which there have been no building or buildings, a change in land use from vacant to any use similar to one or more existing land uses on immediately adjacent lots shall be deemed not significant. A similar and competing business enterprise shall not be considered to be antagonistic to any existing business enterprise for the purposes of this Code. LAND DEVELOPMENT ODDE AMENDMENT - REVISED JULY 7, 2003 PAGE 11 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE Similar Land Use For zones A -F, land use of the same or lesser density of households, . if residential, or if non - residential use of the land by an activity classified as within the same two -digit Standard Industrial Classification Code as enumerated by the United States Standard Industrial Classification Manual. Single Family Dwelling, Attached A dwelling unit attached to one or more dwelling units by structural elements common to the attached units with each dwelling unit located on its own individual lot. The structural elements include common wall construction, roof, or other similar improvement. Elements like trusses, beams, and patio walls are not included. Single Family Dwelling, Detached A dwelling unit which is not attached to any other swelling unit by any structural elements and located on its -own, separate lot. Sign Includes all outdoor advertising on any card, cloth, paper, plastic, metal, painted glass, wood or stone, and any and all devices, structural or otherwise, lighted or unlighted, painted or not painted, attached to, made a part of, or placed in the window of, or in the front, rear, sides or top of any structure or on any land or any tree, wall, bush, rock, post, fence, building or structure and visible from any public or private street, way, thoroughfare, alley or walk, which device announces or directs attention to the name or nature of a business, occupant of a structure, building or land or the nature or type of goods, services or projects, produced, sold, stored, furnished or available at the location or at any other location, including signs specifically for the sale of real property. Site: The land a rea d esignated for a d evelopment p roject, exclusive of a ny abutting public right -of -way. The land area can be a portion of a lot, a single lot, or can consist of more than one lot. SMALL LIVESTOCK INCLUDES SHEEP, GOATS, MINIATURE HORSES AND --- _ - - - -- Formatted: Font color: Dark Red, - - - ------------------------------------------------------------------------------------- OTHER SIMILAR ANIMAAL LS. All caps Specific Plan A precise plan for a specific piece of property, or properties, typically under single ownership, which contains all the elements as specified within these regulations, and which has been adopted by the Town Mayor and Council, and which may supersede these land use regulations as they might otherwise apply to the specified property. STABLES, PUBLIC STRUCTURES W HERE ANIMALS ARE KEPT FOR SALE OR Formatted: Font color: Auto, All HIRE; BREEDING, BOARDING, AND OR TRAINING. caps ,STABLES PRIVATE STRUCTURES WHERE ANIMALS ARE KEPT FOR PRIVATE Formatted: Font color: Auto, All -------------------------------------------------- ' - ----------- - - - - -- —- ---- -- caps -------- --- --- --- -------- ------- -- - ---- ----- - -- ---- ---- ------- ---- --- -- ----- -- ., Formatted: Font color: Auto, All STOCKYARD A PENNED ENCLOSURE, OR STRUCTURE, WHERE SMALL OR caps LARGE LIVESTOCK ARE MAINTAINED TEMPORARILY FOR THE PURPOSE OF Formatted: Font color: Auto, All SLAUGHTERING, MARKETING OR SHIPPING. caps Story A space in a building between the surface of any floor and the surface of the floor Formatted: Font color: Auto next a bove, or if there i s no floor above, then the space between such f loor and the Formatted: Font color: Auto, all caps ceiling or roof above. Street Any existing or proposed street, avenue, boulevard, road, land, parkway, place, bridge, viaduct or easement for public vehicular access or a street shown in a plat heretofore approved pursuant to the Town of Marana, Pima County, State of Arizona or other governmental unit regulations, or a street on a plat duly filed and recorded in the Pima County Recorders office which has been approved by a unit of government. A LAND DEVELOPMENT CODE AMENDMENT- REVISED JULY 7, 2003 PAGE 12 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE street includes all land within the street right -of -way whether improved or unimproved, and includes such improvements as pavement, shoulders, curbs, gutters, sidewalks, parking space, bridges and viaducts. Street, Arterial A street which serves or is intended to serve as a major way by which traffic may be conveyed between the Town of Marana and other communities as well as between major population or activity concentrations within the Town of Marana. Arterial Streets are designated in the Transportation Plan element of the Town General Plan, and are generally one -mile apart on Section lines. Street Center Line The centerline or monument line of a street or road right -of -way as established by an official survey. Street. Collector A street which is supplementary to an artedai street and seves., or is .. intended to serve, to convey traffic between neighborhoods or similar areas within Town. Collector Streets are typically at half -mile points within a Section. Streets, Minor Any dedicated street serving as the principal means of access to property which is not shown on the Town Transportation Plan as an Arterial or Collector street. Street Right- Of-Wav Width The distance between property lines measured at right angles to the center line of the street. Structure Anything constructed or built, any edifice or building of any kind, or any piece of work artificially built up or composed or put together in some definite manner, which requires location on the ground. Subdivider A person, firm, corporation, partnership, association, syndicate, trust or other I egal entity t hat f iles application and i nitiates p roceedings f or t he s ubdivision of land in accordance with the provisions of State law or Town of Marana regulations. An individual serving as agent for such legal entity is not a subdivider. Subdivision Improved or unimproved land or lands divided for the purpose of financing, sale or lease, whether immediate or future, into four or more lots, tracts or parcels of land, or, if a new street is involved, any such property which is divided into two or more lots, tracts, or parcels of land, or any such property, the boundaries of which have been fixed by a recorded plat, which is divided into more than two parts. "Subdivision" also includes any condominium, cooperative, community apartment, townhouse or similar project containing four or more parcels, in which an undivided interest in the land is coupled with the right of exclusive occupancy of any unit located thereon, but plats of such projects need not show the buildings or the manner in which the buildings or airspace above the property shown on the plat are to be divided. "Subdivision" does not include the following: 1. The sale or exchange of parcels of land to or between adjoining property owners if such sale or exchange does not create additional lots. 2. The partitioning of land in accordance with other statutes of the State of Arizona regulating the partitioning of land held in common ownership. 3. The leasing of apartments, offices, stores or similar space within a building or trailer park, not to mineral, oil or gas leases. Subdivision Design Street alignment, grades and widths, alignment and widths of easements and rights -of -way for drainage and sanitary sewers and the arrangement and LAND DEVELOPMENT CODE AMENDMENT- REVISED JULY 7, 2003 PAGE 13 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE orientation of lots as set forth in the Town of Marana Subdivision regulations or design • manuals, or both. Subdivision Improvement The required installations, pursuant to the Town of Marana subdivision regulations, including grading, sewer and water utilities, streets, easements, traffic control d evices as a condition t o t he approval a nd acceptance of t he final p lat thereof. SWINE: ANY HOOFED ANIMAL OF THE PORCINE SPECIES, SUCH AS A PIG. Formatted: Font color: Dark Red, — — — — - -- - - - --------- caps 03.20 Definitions "T" Temporary Use Any use allowed for a specified period of time. A use not of a permanent nature. _ Town The Town of Marana, Arizona. Town Board of Adiustment The Town Council of Marana, convened as the Board of Adjustment. Town Council The Town Council of Marana. Town Engineer The Town Engineer of Marana. Townhouse A single - family dwelling, attached, in which each unit has its own separate front entrance, and no unit is located over another unit. Transportation Corridor Land that is occupied by transportation facilities, including airports, railroads, roads, irrigation canals, or public utility line, or which is immediately adjacent to such facilities, and which has been designated for the purpose of accommodating such modes of transportation and related uses. 03.21 Definitions "U" Use: The purpose for which land or a building is arranged designed or intended, for which either land or building is or may be occupied or maintained. Utilities Services such as natural gas, electricity, water, telephone, and cable television. 03.22 Definitions "V" Variance An exception to the provisions of these regulations. VETERINARY CLINIC OR ANIMAL HOSPITAL LARGE ANY ESTABLISHMENT HMENT ------- - - - - -- Formatted: Font color: Dark Red, MAINTAINED AND OPERATED BY A LICENSED VETERINARIAN FOR THE All caps DIAGNOSIS AND TREATMENT OF DISEASES AND INJURIES OF ANIMALS INCLUDING LARGE AND SMALL LIVESTOCK. VETERINARY CLINIC OR ANIMAL HOSPITAL SMALL ANY ESTABLISHMENT MAINTAINED AND OPERATED BY A LICENSED VETERINARIAN FOR THE DIAGNOSIS AND TREATMENT OF DISEASES AND INJURIES OF ANIMALS INCLUDING DOMESTIC PETS. Vicinity Plan A map showing the relationship of a project or lot to adjacent streets, lots, and structures. 03.23 Definitions "W" Walls An upright opaque structure of wood, stone, brick, etc., serving to enclose, divide, support, protect, or screen. LAND DEVELOPMENT OODE AMENDMENT - REVISED JULY 7, 2003 PAGE 14 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 03.24 Definitions "X" (Reserved) 03.25 Definitions "Y" Yard Any open space other than a court on the same lot with a building or dwelling group which open space is unoccupied and unobstructed from the ground upward to the sky except for the projecting and /or accessory buildings permitted by these regulations. 03.26 Definitions "T' (Reserved) LAND DEVELOPMENT CODE AMENDMENT- REVISED JULY 7, 2003 PAGE 15 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE TITLE 5 ZONING SECTIONS: 05.01 Establishment of Zones 05.02 Regulations Within Zones A -F 05.03 Significant Land Use Change (Applies only to Zones A -F) 05.04 Nonconforming Structures and Land Uses 05.05 Relationships to Streets, Other Structures, and Other Property 05.06 Specific Plans 05.10 New Zones Established 05.05.03 anima'6, oF swine, OF fGF meFe than thFee (3) hoofed animals 9f any Oth9F kind, shall be eFeGted, GeRstFueted, or moved to within 9ne hundFad (100) feet Of a hUMaR exGept the FesideAG9 of the GWR9F of said animals. , 05, 05,03 ANIMAL- KEEPING STRUCTURES AND FENCING -------------------------------------- Formatted: Font color: Auto ANY B ARN, S HED, CORRAL, COOP, F ENCE, O R OTHER STRUCTURE FOR T HE KEEPING OF ANIMALS, SHALL BE ERECTED, CONSTRUCTED, OR LOCATED ACCORDING TO THE DEVELOPMENT STANDARDS FOUND IN SECTION 08.04 OF THE LAND DEVELOPMENT CODE. 05.10.01 AG Agricultural A. Purpose The purpose of the Agricultural Zoning District is to protect and preserve agricultural lands and related activities in their present character. The intent of this zone is to protect agricultural lands from development of incompatible land uses and urban encroachment. In addition, the agricultural district is intended for general agricultural purposes, with appropriate single - family residences and customary buildings. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the AG zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the AG zone exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses The following shall be permitted in the AG zone, subject to the Development Standards contained in this section. 1. One single - family residential detached home of a permanent character placed in a permanent location; 2. Growing and harvesting of fields, trees or bush's including flowers; LAND DE VELOPIvIENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 16 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 3. Plant nurseries and green houses for the propagation, cultivation and distribution of plants produced on the premises; 4. PIARIES; Formatted: Font color: Dark Blue P-- - RI - -------------------------------------------------------------------------------------------- 5. AVIARIES; 6. KENNELS; 7. STABLES (PUBLIC OR PRIVATE); 8. RIDING ARENA, RODEO GROUNDS (PUBLIC OR PRIVATE, LIGHTED OR UNLIGHTED); 9. RAISING OF LARGE AND SMALL LIVESTOCK; 10. RAISING OF RATITES; :.. 11. RAISING OF FOWL, RODENTS AND SWINE; 12. VETERINARY CLINICS (LARGE OR SMALL); (50) feet ffam all propeFty l than GP8R parstuFe aFe Rot Alerer. than twe huRdFed (209) feet te aRy slfaet her-ses, rsattle, sheep and goats; pFavided that pens, buildings, Gerrals and yaFd-s etheF than open paStWes aFe nGt GIGseF than two hundred (200) feet to any prepeFty liRe, R OF GIGGeF than t we huRdFed (200) feet to any rtFeet, highway 9F 16. Public parks and playgrounds; and, 17. Public schools. C. Accessory Uses The following accessory buildings and uses may be located on the same lot with a permitted dwelling or allowable agricultural use, provided that any permanent building or structure shall be harmonious with the character of the neighborhood: _ 1. Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, guest house, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. CORRALS, BARN S AND OTHER ANIMAL - KEEPING STRUCTURES; Formatted: Font color: Dark Blue 7. Fences and walls; and, 8. Home occupations, with an approved Home Occupation Permit. D. Conditional Uses. LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 17 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code 1. Communication Facilities, subject to the requirements of Chapter 23; 2. o„r,c, a tii Formatted' Font color: Dark Blue ----------------------------------------------- 3. Utility Facilities; 4. Government buildings and facilities when necessary for serving the surrounding region; provided, that no public business offices and no repair or storage facilities are maintained therein; 5. Ve ' terina cli pounds a ) -p nics SMALL OR LARGE), odnd shelters; Formatted: Font color: Dark Blue • ------------------------ --- -------------------------------------------- 6. Cemeteries, crematories and mausoleums; 7. Dairies and feedlots; • -- - --- ---- ---- -- - - - -- - --- - --- ---- - - ---- ---- --- Formatted: Font color: Dark Blue least ten (I 9- GGITIM Livestock Auction YARD two hundred (29G) feet #arn aRy pFepeq !;Re-,- 10. Rodeo FaGUities pFayffided the Fadee IaGilities aFe at least We hundFed (290) feet #em any pmpeFty line; 11. PUBLIC DOG OR HORSE TRACK; 12. ZOO; 13. Accessory living quarters; 14. Modular Home; and, 15. Residential facilities for non - permanent occupancy including only bed and breakfast establishments, resorts and guest ranches, subject to Section 05.11.07. E. Temporary Uses 1. Christmas tree lot; and, 2. Produce stand. F. Prohibited Uses 1. All commercial and business uses, except those specifically permitted; 2. All manufacturing, warehousing and wholesaling, except those specifically permitted; 3. Multiple dwelling units; 4. Recreational vehicle parks and mobile home parks; and, 5. Uses similar to those listed above in this section, as determined by the Planning Administrator. G. Property Development Standards — Generally: 1. Lot Area. The minimum lot size per dwelling unit shall be five (5) acres. LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 18 OF 58 DRAFT TOWN OF MA]RANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 2. Lot dimensions. a. Width. Lots shall have a minimum width of one - hundred seventy-five (175) feet. b. Depth. Lots shall have a minimum depth of two- hundred seventy -five (275) feet. 3. Minimum Front, Side and Rear Yards (Setbacks). a. The required front yard (setback) shall be a minimum of forty (40) feet, except t hat a ny f ront yard ( setback) a djacent to a n a rterial o r collector road shall be fifty (50) feet. b. The required side yard (setback) shall be a minimum of sixty.(60) feet. C. The required rear yard (setback) shall be a minimum of one - hundred (100) feet. 4. Building Separation (Distance Between Structures/Buildings) a. The minimum distance between principal (main) buildings shall be twenty (20) feet. b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be ten (10) feet. 5. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two-stories or thirty (30) feet, except as otherwise permitted. b. Accessory building heights, for agricultural purposes shall be limited to a maximum of fifty (50) feet; all other structures shall be a maximum of the thirty (30) feet. 6. Building Mass. All two-story structures must meet reduced massing requirements for the floors above the first level. The Gross Floor Area (GFA) of each floor above the first floor must not exceed 80% of the GFA of the previous floor. Exemption: buildings used exclusively for agricultural purposes are not required to reduce the gross floor area. 7. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed forty percent (40 %) of the total lot area. 8. Underground Utilities. All on -site utilities shall be placed underground on the site. LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 19 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 05.10.02 RD -180 Rural Development A. Purpose The purpose of the Rural Development Zoning District is to protect and preserve the character and encourage orderly growth of rural areas within the Town. It is intended to encourage rural development in areas of the Town that are lacking in infrastructure for urban development and provide limited services to serve the immediate area. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the RD -180 zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the RD -180 zone, exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses The following shall be permitted in the RD -180 zone, subject to the Development Standards contained in this section. 1. One single- residence on any lot or parcel, site built or manufactured home; 2. Growing and harvesting of fields, trees or bushes including flowers; 3. Plant nurseries and green houses for the propagation, cultivation and distribution of plants produced on the premises; 4. Farm product stands for materials grown on -site; 5. Public parks and playgrounds; 6. Day care center; 7. Churches, synagogues, and other places of worship; 8. Group homes; 9. Public schools; 10. !SING OF LARGE AND SMALL LIVESTOCK; Formatted: Font color: Dark Blue 11. RAISING OF RATITES; 12. RAISING OF FOWL, RODENTS AND SWINE; and, 13. Uses similar to those listed above in this section, as determined by the Planning Administrator. C. Accessory Uses The following accessory buildings and uses may be located on the same lot with a permitted dwelling or allowable agricultural use, provided that any permanent building or structure shall be harmonious with the character of the neighborhood: 1. Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, guest house, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. VIARIES; Formatted: Font color: Dark Blue ----------------------- - - - - -- ----------------------------------------------- 6. KENNELS; 7. STABLES, PRIVATE; LAND DEVELOPMENT CODE AMENDMENT REVISED JULY 7, 2003 PAGE 20 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 8. Fences and walls; and, 9. Home occupations, with an approved Home Occupation Permit. D. Conditional Uses. The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code. 1. Communication Facilities, subject to the requirements of Chapter 23; 2. Public Stables; 3. Utility Facilities; 4. Government buildings and facilities when necessary for serving the surrounding region provided that no public business offices and ' no - repair or storage facilities are maintained therein; 5. Ve ( SMALL terinar clinics SMALL OR LARGE), pounds and shelters; �rmatted: Font color. Dark Blue ` y ------------------------ -- --- ----------------------------------------- 6. Cemeteries, crematories and mausoleums; 7. Dairies and feedlots; 8. IDING ARENA, RODEO GROUNDS PUBLIC OR PRIVATE, LIGHTED OR ----------------------------- ----- ----- ----- ------ - - -- U Formatted: Font -------- tbj; color: Dark Blue UNLIGHTED); 9. COMFROFG riding stables and boarding stables, pFevided the site Gentains a least ten (IQ) aGFes and that suGh stabler. are laGated at least twe hundFed (20G) feet from any-pFGpe4y4kie, Livestock Auction YARD two hundred (200) feet fFGFn any prepeFty Iine� ftm any pmperty line; 12. Accessory living quarters; and, 13. Residential facilities for non - permanent occupancy including only bed and breakfast establishments, resorts and guest ranches, subject to Section 05.11.07. E. Temporary Uses (reserved) F. Prohibited Uses 1. All commercial and business uses, except those specifically permitted; 2. All manufacturing, warehousing and wholesaling, except those specifically permitted; 3. A PIARIES - ; Formatted: Font color: Dark Blue 4. Multiple dwelling units; and, 5. Recreational vehicle parks and mobile home parks. G. Property Development Standards — Generally: 1. Lot Area. The minimum I of size shall be one- hundred eighty thousand (180,000) square feet. LAND DEVELOPMENT CODE AMENDMENT- REVISED JULY 7, 2003 PAGE 21 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE Y 2. Lot dimensions. a. Width. Lots shall have a m inimum width of one - hundred a nd seventy - five (175) feet. b. Depth. Lots shall have a minimum depth of two- hundred and seventy - five (275) feet. 3. Minimum Front, Side and Rear Yards (Setbacks). a. The required front yard (setback) shall be a minimum of forty (40) feet, except t hat a ny f ront yard ( setback) a djacent t o a n a rterial o r collector road shall be fifty (50) feet. b. The required side yard (setback) shall be a minimum of thirty (30) feet. C. The required rear yard (setback) shall be a minimum of fifty (54ieet. i 4. Building Separation (Distance Between Structures/Buildings) a. The minimum distance between principal (main) buildings shall be twenty (20) feet. b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be ten (10) feet. 5. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two-stories or thirty (30) feet, except as otherwise permitted. b. Accessory building heights, for agricultural purposes shall be limited to a maximum of fifty (50) feet; all other structures shall be a maximum of the thirty (30) feet. 6. Building Mass. Any two-story structures must meet reduced massing requirements for the floors above the first level. The Gross Floor Area (GFA) of each floor above the first floor must not exceed 80% of the GFA of the previous floor. Exemption: buildings used exclusively for agricultural purposes are not required to reduce the gross floor area. 7. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed forty percent (40 %) of the total lot area. _ 8. Underground Utilities. All on -site utilities shall be placed underground on the site. LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 22 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 05.10.03 R -144 Residential A. Purpose The purpose of this Zoning District is to protect existing and proposed rural and low density residential u ses i n a reas of the Town where p ublic facilities a nd u tilities m ay b e I imited. The intent of this district is to encourage large lot residential subdivisions and to allow for limited residential development in environmentally sensitive areas. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the R -144 zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the R -144 zone, exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses = The following shall be permitted in the R -144 residential zone, subject to the Development Standards contained in this section. 1. One single - family residential detached home of a permanent character placed in a permanent location; 2. Public parks and playgrounds; 3. Public schools. 4. Churches, synagogues, and other places of worship; and, 5. Uses similar to those listed above in this section, as determined by the Planning Administrator. C. Accessory Uses Accessory Uses — The following accessory buildings and uses may be located on the same lot with a p ermitted d welling, p rovided that a ny permanent building or s tructure shall be harmonious with t he a rchitectural s tyle o f t he m ain b uilding a nd f urther p rovided t hat a II residential accessory uses are compatible with the residential character of the neighborhood: 1. Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, guest house, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. Fences and walls; 6. Home occupations, with an approved Home Occupation Permit; 7. Community recreation uses, including sports courts, swimming pools, spas, recreation buildings, patio shelters and other community facilities common to a homeowner's association, for a spec subdivision; 8. Community identification, entry monuments, community design elements, and other enhancements common to a homeowner's association, and designed for a specific subdivision; 9. Model homes, within an approved subdivision; 10. VIARIES; Formatted: Font color: Dark Blue 11. RIDING ARENA, RODEO GROUNDS (PRIVATE, UNLIGHTED); LAND DEVELOPMENT CODE AMENDMENT- REVISED JULY 7, 2003 PAGE 23 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE Y 12. KEEPING OF LARGE AND SMALL LIVESTOCK; 13. KEEPING OF RATITES; 14. STABLES, PRIVATE; and, 15. Corrals, barns stables and other Iive6t0Gk ANIMAL - KEEPING STRUCTURES as accessory to a primary residential use. D. Conditional Uses 1. Plant nurseries and greenhouses; 2. Government buildings and facilities when necessary for serving the surrounding region provided that no public business offices and no repair or storage facilities are maintained therein; 3. Sales stands for the sale of agricultural a nd horticultural products produced or z grown on the premises; 4. Accessory living quarters ; 5. Communication facilities, subject to the requirements of Chapter 23; 6. bias and ---- ------ - Formatted: Font color: Dark Blue 7. Residential facilities for the disabled; 8. Modular Housing; 9. Residential facilities for non - permanent occupancy including only bed and breakfast establishments, resorts and guest ranches, subject to Section 05.11.07; 10. !DING ARENA, RODEO GROUNDS ( PRIVATE, LIGHTED); Formatted: Font color: Dark Blue — ------- --------- -- -- - - - - -- -------- ------------- --- - - - - -- 11. RIDING ARENA, RODEO GROUNDS (PUBLIC, LIGHTED OR UNLIGHTED); 12. STABLES, PUBLIC; 13. KENNELS; 14. KEEPING OF RODENTS, FOWL AND SWINE; AND, 15. VETERINARY CLINICS (SMALL OR LARGE). E. Temporary Uses _ 1. Christmas tree lot and other seasonal sales; and, 2. Temporary sales offices may be g ranted for a three (3) year period or until a If homes in a subdivision are completed, whichever occurs first. Extensions to the three (3) year time limit may be granted if the property owner can demonstrate that the need for the temporary sales offices and/or model homes continues to exist. F. Prohibited Uses 1. All commercial and business uses, except those specifically permitted; 2. All manufacturing, warehousing and wholesaling, except those specifically permitted; 3. Multiple dwelling units; and, 4. Recreational vehicle parks and mobile home parks. LAND DEVELOPMENT OODE AMENDMENT - REVISED JULY 7, 2003 PAGE 24 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE G. Site Development Standards: The property development standards set forth in this section shall apply to all land, structures and buildings in the R -144 zone. 1. Lot area. The minimum lot size shall be one - hundred forty-four thousand (144,000) square feet. 2. Lot dimensions. a. Width. Lots shall have a minimum width of one - hundred seventy -five (175) feet. - b. Depth. Lots shall have a minimum lot depth of two-hundred (200) feet. 3. Minimum Front, Side and Rear Yards (Setbacks) a. The required front yard (Setback) shall be a minimum of forty (40) feet, except that a ny f ront yard ( setback) adjacent to a n a rterial or collector road shall be fifty (50) feet. b. The required side yard (setback) shall be a minimum of fifty (50) feet. C. The required rear yard (setback) shall be a minimum of fifty (50) feet. 4. Building Separation (Distance Between Structures/Buildings) a. The minimum distance between principal (main) buildings shall be twenty (20) feet. b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be ten (10) feet. 5. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two-stories or thirty (30) feet, except as otherwise permitted. b. Accessory building heights, for agricultural purposes shall be limited to a maximum of fifty (50) feet; all other structures shall be a maximum of the thirty (30) feet. 6. Building Mass. Any two -story structures must meet reduced massing requirements for the floors above the first level. The Gross Floor Area (GFA) of each floor above the first floor must not exceed eighty percent (80 %) of the GFA of the previous floor. Exemption: buildings used exclusively for agricultural purposes are not required to reduce the gross floor area. 7. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed forty percent (40 %) of the total lot area. 8. Underground Utilities. All on -site utilities shall be placed underground on the site. LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 25 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 05.10.04 R-80 Residential A. Purpose The purpose of this Zoning District is to protect existing and proposed rural and low density residential u ses i n a reas of the Town where p ublic facilities a nd u tilities m ay b e I imited. The intent of this district is to encourage large lot residential subdivisions and to allow for limited residential development in environmentally sensitive areas. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the R-80 zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the R -80 zone, exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses The following shall be permitted in the R -80 residential zone, subject to the Development Standards contained in this section. 1. One single - family residential detached home of a permanent character placed in a permanent location; 2. Public parks and playgrounds; 3. Public schools; 4. Churches, synagogues, and other places of worship; and, 5. Uses similar to those listed above in this section, as determined by the Planning Administrator. C. Accessory Uses Accessory Uses — The following accessory buildings and uses may be located on the same lot with a p ermitted d welling, provided that a ny permanent building or s tructure shall be harmonious with the a rchitectural s tyle of the m ain b uilding a nd f urther p rovided t hat a II residential accessory uses are compatible with the residential character of the neighborhood: 1. Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, guest house, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. Fences and walls; 6. Home occupations, with an approved Home Occupation Permit; 7. Community recreation uses, including sports courts, swimming pools, spas, recreation buildings, patio shelters and other community facilities common to a homeowner's association, for a speck subdivision; 8. Community identification,' entry monuments, community design elements, and other enhancements common to a homeowner's association, and designed for a specific subdivision; 9. Model homes, within an approved subdivision; 10. VIARIES; Formatted: Font color: Dark Blue --------------------------------------------- 11. KEEPING OF SMALL AND LARGE LIVESTOCK; 12. KEEPING OF RATITES; LAND DEVELOPMENT CODE AMENDMENT- REVISED JULY 7, 2003 PAGE 26 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 13. KEEPING OF FOWL, RODENTS AND SWINE; 14. RIDING ARENA, RODEO GROUNDS (PRIVATE, UNLIGHTED); 15. STABLES, PRIVATE; and, 16. Corrals, barns, stables and other Gvestesk ANIMAL- KEEPING STRUCTURES as accessory to a primary residential use. D. Conditional Uses 1. Plant nurseries and greenhouses; 2. Government buildings and facilities when necessary for serving the surrounding region provided that no public business offices and no repair or storage facilities are maintained therein; 3. Sales stands for the sale of agricultural and horticultural products produced or - grown on the premises; 4. Accessory living quarters; 5. Formatted: Font color: Dark Blue 6. Residential facilities for the disabled; 7. Communication facilities, subject to the requirements of Chapter 23; 8. Modular Housing; 9. IDING ARENA, RODEO GROUNDS PRIVATE, LIGHTED ; Formatted: Font color: Dark Blue 10. RIDING ARENA, RODEO GROUNDS (PUBLIC, LIGHTED OR UNLIGHTED); and, 11. Residential facilities for non - permanent occupancy including only bed and breakfast establishments. E. Temporary Uses 1. Christmas tree lot and other seasonal sales; and, 2. Temporary sales offices may be granted for a three (3) year period or until all homes in a subdivision are completed, whichever occurs first. Extensions to the three (3) year time limit may be granted if the property owner can demonstrate that the need for the temporary sales offices and/or model homes continues to exist. F. Prohibited Uses 1. All commercial and business uses, except those specifically permitted; 2. All manufacturing, warehousing and wholesaling, except those specifically permitted; 3. Multiple dwelling units; and, 4. Recreational vehicle parks and mobile home parks. G. Site Development Standards: The property development standards set forth in this section shall apply to all land, structures and buildings in the R -80 zone. 1. Lot area. The minimum lot size shall be eighty- thousand (80,000) square feet. LAND DEVELOPMENT CODE AMENDMENT- REVISED JULY 7, 2003 PAGE 27 OF 58 • DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 2. Lot dimensions. • a. Width. Lots shall have a minimum width of one - hundred twenty (120) feet. b. Depth. Lots shall have a minimum lot depth of two- hundred (200) feet. 3. Minimum Front, Side and Rear Yards (Setbacks) a. The required front yard (setback) shall be a minimum of thirty (30) feet, except that a ny f ront yard ( setback) a djacent to a n a rterial o r collector road shall be forty (40) feet. b. The required side yard (setback) shall be _a minimum of thirty (30) feet. C. The required rear yard (setback) shall be a minimum of forty (40) feet.. 4. Building Separation (Distance Between Structures/Buildings) a. The minimum distance between principal (main) buildings shall be twenty (20) feet. b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be ten (10) feet. S. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two-stories or thirty (30) feet, except as otherwise permitted. b. Accessory building heights, for agricultural purposes shall be limited to a maximum of fifty (50) feet; all other structures shall be a maximum of the thirty (30) feet. 6. Building Mass. Any two-story structures must meet reduced massing requirements for the floors above the first level. The Gross Floor Area (GFA) of each floor above the first floor must not exceed eighty percent (80 %) of the GFA of the previous floor. Exemption: buildings used exclusively for agricultural purposes are not required to reduce the gross floor area. 7. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed forty percent (40 %) of the total lot area. 8. Underground Utilities. All on -site utilities shall be placed underground on the site. LAND DEVELOPMENT OODE AMENDMENT - REVISED JULY 7, 2003 PAGE 28 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 05.10.05 R -36 Residential A. Purpose. The R -36 single- family residential zone is primarily intended as a district for single - family homes, with not more than one dwelling and customary accessory building upon an individual I ot, w ith a v ariety o f h ousing s izes a nd contain a q uality d esign. E xcept a s specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the R -36 zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the R -36 zone, exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses. The following shall be permitted in the R -36 single - family residential zone, subject to, the Development Standards contained in this section. 1. One single - family residential detached home of a permanent character placed in a permanent location; 2. Churches, synagogues, and other places of worship; 3. Public parks and playgrounds; 4. Public schools; and, 5. Uses similar to those listed above in this section, as determined by the Planning Administrator. C. Accessory Uses. 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 accessory uses are compatible with the residential character of the neighborhood: 1. Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, guest house, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. Fences and walls; 6. Home occupations, with an approved Home Occupation Permit; 7. Community recreation uses, including sports courts, swimming pools, spas, recreation buildings, patio shelters and other community facilities common to a homeowner's association, for a specific subdivision; 8. Community identification, entry monuments, community design elements, and other enhancements common to a homeowner's association, and designed for a specific subdivision; 9. Model homes, within an approved subdivision; 10. KEEPING OF LARGE AND SMALL LIVESTOCK ON PARCELS ONE ACRE OR - --- Formatted: Font color: Dark Blue G - ----- - ------------------------------------------------------------------------------------------- GREATER; 11. STABLES, PRIVATE; AND, 12. RIDING ARENA, RODEO GROUNDS (PRIVATE, UNLIGHTED). LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 29 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE D. Conditional Uses. The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code. 1. Day care center; 2. Private schools and other ancillary uses in connection with churches, synagogues, and other places of worship; 3. Group homes; 4. Residential facilities for non - permanent occupancy including only bed and breakfast establishments; 5. [AVIARIES; Formatted: Font color: Dark Blue 6. RIDING ARENA, RODEO GROUNDS (PRIVATE, LIGHTED); AND 7. KEEPING OF RODENTS AND FOWL. E. Temporary Uses. The following may be permitted for a specked time period, subject to Section 09.01; Temporary sales trailer, within an approved subdivision; F. Prohibited Uses. Uses prohibited in the R -36 district are as follows: 1. All commercial and business uses, except those specifically permitted; and, 2. Industrial uses. G. Property development standards — Generally. The property development standards set forth in this section shall apply to all land, structures and buildings in the R -36 zone. 1. Lot area. • The minimum lot size shall be thirty-six thousand (36,000) square feet. 2. Lot dimensions. a. Width. Lots shall have a minimum width of one hundred (100) feet. b. Depth. Lots shall have a minimum depth of one hundred (100) feet. 3 Minimum Front, Side and Rear Yards (Setbacks) a. The required front yard (setback) shall be a minimum of thirty (30) feet. b. The required side yard (setback) shall be a minimum of fifteen (15) feet, with a street side yard (setback) having a minimum of twenty (20) feet. C. The required rear yard (setback) shall be a minimum of forty (40) feet. 4. Building Separation (Distance Between Structures/Buildings) a. The minimum distance between principal (main) buildings shall be twenty (20) feet. b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be ten (10) feet. LAND DEVELOPMENT CODE AMENDMENT- REVISED JULY 7, 2003 PAGE 30 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 5. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two-stories or twenty-five (25) feet, except as otherwise permitted. b. Building heights may be permitted to increase a maximum of twenty percent (20 %) to provide a maximum building height of thirty (30) feet subject to the review and approval of the Town Council, subject to the process and requirements found in Section 8.05. 6. Building Mass. Any structure over two-stories must meet reduced massing requirements for the floors above the first level. The Gross Floor Area (GFA) of each floor above the first floor must not exceed eighty percent (80 %) of the GFA of the previous 7. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed forty percent (40 %) of the total lot area. 8. Underground Utilities. All on -site utilities shall be placed underground on the site. • LAND DEVELOPMENT CODE AMENDMENT- REVISED JULY 7, 2003 PAGE 31 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 05.10.06 R -20 Residential A. Purpose. The R -20 single - family residential zone is primarily intended as a district for single - family homes, with not more than one dwelling and customary accessory building upon an individual lot, with a variety of housing sizes a nd contain a quality d esign. E xcept as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the R -20 zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the R -20 zone, exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses. The following shall be permitted in the R -20 single - family residential zone, subject to the Development Standards contained in this section. ` 1. One single - family residential detached home of a permanent character placed in a permanent location; 2. Churches, synagogues, and other places of worship; 3. Public parks and playgrounds; 4. Public schools; and, 5. Uses similar to those listed above in this section, as determined by the Planning Administrator. C. 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 accessory uses are compatible with the residential character of the neighborhood: 1. Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, guest hose, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. Fences and walls; _ 6. Home occupations, with an approved Home Occupation Permit; 7. Community recreation uses, including sports courts, swimming pools, spas, recreation buildings, patio shelters and other community facilities common to a homeowner's association, for a speck subdivision; 8. Community identification, entry monuments, community design elements, and other enhancements common to a homeowner's association, and designed for a specific subdivision; and, 9. Model homes, within an approved subdivision; D. Conditional Uses. The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code. LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 32 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 1. Residential facilities for non - permanent occupancy including only bed and breakfast establishments; 2. Day care center; 3. Private schools and other ancillary uses in connection with churches, synagogues, and other places of worship; 4. Group homes; 5. Accessory living quarters; and, 6. AVIARIES. Formatted: Font color: Dark Blue --------------------- E. Temporary Uses. The following may be permitted for a speed time period, sutijdct to Section 09.01;` Temporary sales trailer, within an approved subdivision; F. Prohibited Uses. Uses prohibited in the R -20 district are as follows: 1. All commercial and business uses, except those specifically permitted; and, 2. Industrial uses. G. Property development standards — Generally. The property development standards set forth in this section shall apply to all land, structures and buildings in the R -20 zone. 1. Lot area. The minimum lot size shall be twenty thousand (20,000) square feet. 2. Lot dimensions. a. Width. Lots shall have a minimum width of one hundred (100) feet. b. Depth. Lots shall have a minimum depth of one hundred (100) feet. 3 Minimum Front, Side and Rear Yards (Setbacks) a. The required front yard (setback) shall be a minimum of twenty-five (25) feet, except where garages open or face directly onto an abutting street in which case the garage setback shall be a minimum of thirty feet (30). b. The required side yard (setback) shall be a minimum of ten (10) feet, - with a street side yard (setback) having a minimum of ten feet. C. The required rear yard (setback) shall be a minimum of twenty (20) feet. 4. Building Separation (Distance Between Structures/Buildings) a. The minimum distance between principal (main) buildings shall be fifteen (15) feet. b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be ten (10) feet. C. Attached Patio Structures: A minimum setback of five (5) feet shall be maintained from the rear and side property lines for a patio structure that is open and unenclosed on three (3) sides, as measured to the structure. LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 33 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 5. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two- stories or twenty-five (25) feet, except as otherwise permitted. b. Building heights may be permitted to increase a maximum of twenty percent (20 %) to provide a maximum building height of thirty (30) feet subject to the requirements found in Section 8.05 and approval of the Town Council. 6. Building Mass. Any structure over two- stories must meet reduced massing requirements for the floors above the first level. The Gross Floor Area. (.GFA) of each floor above the first floor must not exceed eighty percent (80 %) of the GFA of the previous 7. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed forty percent (40 %) of the total lot area. 8. Underground Utilities. All on -site utilities shall be placed underground on the site. LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 34 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 05.10.07 R -16 Residential A. Purpose. The R -16 single - family residential zone is primarily intended as a district for single- family homes, with not more than one dwelling and customary accessory building upon an individual lot, with a variety of housing sizes and contain a quality design. Except as specifically provided elsewhere in the Land Development Code, any and every building and premises or land in the R -16 zone shall be used for or occupied, and every building shall be erected, constructed, established, altered, enlarged, maintained, moved into or within the R -16 zone, exclusively and only in accordance with the regulations set forth in this Section. B. Permitted Uses. The following shall be permitted in the R -16 single - family residential zone, subject tq.the - Development Standards contained in this section. 1. One single - family residential detached home of a permanent character placed in a permanent location; 2. Churches, synagogues, and other places of worship; 3. Public parks and playgrounds; 4. Public schools; and, 5. Uses similar to those listed above in this section as determined b e Planning . Y the 9 Administrator. C. Accessory Uses. Accessory Uses — The following accessory buildings and uses may be located on the same lot with a p ermitted d welling, p rovided t hat a ny permanent building or s tructure shall be harmonious with the a rchitectural s tyle of t he m ain b uilding a nd f urther p rovided t hat a 11 residential accessory uses are compatible with the residential character of the neighborhood: 1. Detached accessory structures, such as tool sheds, patios and cabanas, non- commercial hobby shops, guest house, children's playhouses, etc.; 2. Swimming pools, spas, and related structures; 3. Garage, carport or enclosed storage; 4. Sports courts, unlighted; 5. Fences and walls; 6. Home occupations, with an approved Home Occupation Permit; 7. Community recreation uses, including sports courts, swimming pools, spas, recreation buildings, patio shelters and other community facilities common to a homeowner's association, for a specific subdivision; 8. Community identification, entry monuments, community design elements, and other enhancements common to a homeowner's association, and designed for a specific subdivision; and 9. Model homes, within an approved subdivision. D. Conditional Uses. The following may be permitted subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code. 1. Day care center; LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 35 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 2. Residential facilities for non - permanent occupancy including only bed and breakfast establishments; 3. Private schools and other ancillary uses in connection with churches, synagogues, and other places of worship; 4. Group homes; and, 5. VIARIES. Formatted: Font color: Dark Blue E. Temporary Uses. The following may be permitted for a speed time period, subject to Section 09.01; Temporary sales trailer, within an approved subdivision; F. Prohibited Uses. ». Uses prohibited in the R -16 district are as follows: 1. All commercial and business uses, except those specifically permitted; and 2. Industrial uses. G. Property development standards -- Generally. The property development standards set forth in this section shall apply to all land, structures and buildings in the R -16 zone. 1. Lot area. The minimum lot size shall be sixteen thousand (16,000) square feet. 2. Lot dimensions. a. Width. Lots shall have a minimum width of eighty-five (85) feet. b. Depth. Lots shall have a minimum depth of one hundred (100) feet. 3 Minimum Front, Side and Rear Yards (Setbacks) a. The required front yard (setback) shall be a minimum of Twenty (20) feet, except where garages open or face directly onto an abutting street in which case the garage setback shall be a minimum of twenty-five (25) feet. b. The required side yard (setback) shall be a minimum of ten (10) feet, with a street side yard (setback) having a minimum of fifteen (15) feet. C. The required rear yard (setback) shall be a minimum of twenty (20) feet. 4. Building Separation (Distance Between StructuresBuildings) a. The minimum distance between principal (main) buildings shall be fifteen (15) feet. b. The minimum distance between a principal (main) building and an accessory building or two accessory buildings shall be ten (10) feet. C. Attached Patio Structures: A minimum setback of five (5) feet shall be maintained from the rear and side property lines for a patio structure that is open and unenclosed on three (3) sides, as measured to the structure. 5. Building Heights. a. Buildings and structures erected in this zone shall have a height not greater than two-stories or twenty-five (25) feet, except as otherwise permitted. LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 36 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE b. Building heights may be permitted to increase a maximum of twenty percent (20 %) to provide a maximum building height of thirty (30) feet subject to the requirements found in Section 8.05 and approval of the Town Council. 6. Building Mass. Any structure over two-stories must meet reduced massing requirements for the floors above the first level. The Gross Floor Area (GFA) of each floor above the first floor must not exceed eighty percent (80 %) of the GFA of the previous floor. 7. Lot Coverage. The maximum allowable lot coverage by buildings and structures shall not exceed fifty percent (50 %) of the total lot area. 8. Underground Utilities. All on -site utilities shall be placed underground on the site. LAND DEVELOPMENT CODE AMENDMENT- REVISED JUI.Y 7, 2003 PAGE 37 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE O 05.11.01 CO Commercial A. Purpose The CO zone is intended to provide for the use of designated properties for professional offices and limited commercial facilities to serve the residents of Marana. It includes those uses related to medical, professional, financial, administrative, and interrelated uses. This zone is intended to prohibit most retail commercial uses which, more properly, belong in other commercial zones. It is also intended to provide multifamily residential opportunities and options to commercial and other higher- intensity districts. B. Location The following shall be considered in establishing and maintaining the CO zone: 1. Convenient and efficient vehicular access to an arterial or collector street. 2. Availability of land suitable for grouping of professional activities. 3. Availability of parcels whose general commercial use is less desirable and /or inappropriate. C. Permitted Uses The following uses may be permitted subject to demonstration of architectural compatibility with adjacent uses: 1. Residential Dwelling Units as permitted in Section 05.10.07. 2. Professional Offices: Law, architectural, engineering, planning, business and management consulting. 3. General Offices: Real estate, data processing, executive suites, photographic services, travel agents, research services, and administrative offices. 4. Medical and Dental: Offices, laboratories, clinics, and pharmacies; but not including drug stores. 5. VETERINARY CLINIC, SMALL. Formatted: Font color: Dark Blue 6. Financial Services: Accounting, auditing, bookkeeping, tax consultation, collection agencies, credit services, insurance and investment, security and commodity brokers, dealers and exchanges, insurance and financial planning. 7. Public Service: Detective and protective services, employment services and public utility offices. 8. Such other comparable uses as determined by the Planning Administrator. D. Accessory Uses (Reserved) E. Conditional Uses. The following uses may be permitted subject to such additional conditions or limitations as may be imposed by the Town Council: 1. Restaurants and Cafes (not to include drive -ins or carry-outs) subject to: a. The facility is designed to preclude vehicular ingress and egress in conflict with existing or planned adjacent residential uses. b. The facility is located and designed to eliminate noise and/or odors. C. The facility is an integral part of the office building. 2. Private Schools: Business, music, dance, art, and vocational, which must be an integral part of the office building. LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 38 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 3. Special Retail: Specialty retail services such as florist, jewelry, barber and beauty shops, child pre facilities, p , es, Gothes leaning and tailor shops, and such other compatible uses as may be determined by the conditional use process and which shall all be integral to the primary use as an office complex. 4. Banks and Savings and Loans. F. Temporary Uses -- (Reserved) G. Prohibited Uses -- (Reserved) H. Intensity Standards 1. Residential On any parcel or unit of development, the following intensity standards apply: =" a. Dwelling Unit Density: There shall be no more than twenty -five (25) dwelling units for each acre of parcel area. b. Building Coverage: The sum of all buildings and structures shall cover no more than 40% of all land area developed. 2. Non - Residential The following standards shall apply: a. Building Coverage: The sum of all buildings and structures shall cover no more than 30% of all land area developed. b. Reserved. I. Site Development Standards. The following site development standards shall apply: 1. Street Frontage: minimum of 100 feet 2. Lot Area: a. Multifamily: minimum of 3.0 acres. b. Non - Residential: none 3. Front yard: minimum of twenty-five feet. 4. Side Yard: minimum of fifteen feet for residential uses. No side yard is required for non - residential uses provided minimum building code requirements are met However, a non - residential use adjacent to a residential zone shall have a minimum side yard of not less than 15 feet plus an additional 10 feet for each story over one story, or in excess of 18 feet in height, whichever is greater. 5. Street Side Yard: minimum of twenty -five feet. 6. Rear Yard: minimum of twenty-five feet. 7. Building Height: maximum of forty feet. LAND DEVELOPMENT CODE AMENDMENT- REVISED JULY 7, 2003 PAGE 39 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 05.11.07 RESORT AND RECREATION ZONE PURPOSE AND INTENT The Resort and Recreation Zone is established to provide for the development and operation of temporary lodging, recreation opportunities and associated specialized commercial guest facilities while protecting adjacent land uses from inappropriate and adverse impacts. The intent is to provide for the designation and regulation of certain land uses that are primarily intended for visitors to the Town of Marana. The Resort and Recreation Zone may be applied to property that is best suited to accommodating the needs of the visiting public without inappropriate impacts upon the daily functioning of the community or inappropriate impacts upon surrounding properties. PERMITTED USES The following types of uses are allowed within the RR (Resort and Recreation) Djstrict as permitted uses. 1. Residential Facilities for nonpermanent occupancy including Bed and Breakfast Establishments, Hotels, Motels, Inn's, Timeshare Projects, Resorts and Guest Ranches. ACCESSORY USES The following are Accessory Uses and may be established only when a part of, or accessory to a permitted use. 1. Entertainment, cultural and recreation facilities including lawn bowling, exercise facilities, handball and racquetball facilities, archery ranges, tennis, swimming and spa facilities, volleyball courts, dinner theaters, museums, art galleries, nature walk trails and amusement game rooms. 2. Service a nd s pecialty u ses i ncluding b eauty a nd b arbershops, h ealth s pas, g ift s hops, newsstands, and specialty food shops (including on -site preparation and service). 3. Restaurants, dining facilities, bars, cocktail lounges and specialty food shops (deli's) with or without alcohol (including on -site preparation and service), excluding drive - through facilities. 4. Conference and gathering facilities including meeting rooms and chapels, with or without provisions for catering into the facilities designed to serve 200 people or less in a single room. 5. Business offices for the resort. 6. Freestanding open air pavilions less than 1,000 square feet, for outdoor events. 7. Riding and hiking trails, excluding trails for motor vehicles. 8. Equestrian facilities and horse stables, excluding boarding of horses for commercial purposes. 9. Observatories. 10. Living quarters for persons employed and deriving a major portion of their income on the premises, if occupied by such persons and their immediate families. 11. Live entertainment for the enhancement of the guest's visit to the temporary lodging facilities, excluding sexually oriented performances. 12. Support facilities such as outdoor cooking areas, pool house, shade structures (ramada's and gazebo's) laundry facilities (for guests only), and other like uses as permitted by the Planning Director. LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 40 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 13. Campgrounds that may consist of temporary or permanent buildings, tent areas, or other structures (bunk houses, mess halls, etc.). 14. Motion picture studios and sets including the temporary use of domestic and wild animals in motion picture and television production, provided that said animals are kept and maintained pursuant to all applicable regulations, and are not retained on the premises for a period exceeding 60 days. CONDITIONAL USES The following are conditional uses and may be established only following the issuance of a Conditional Use Permit. 1. Entertainment and recreational facilities that are designed for large audiences such as rodeo (horse) arenas, auditoriums, stadiums, theme parks, water parks, zoos, wild - arrimal parks and race tracks. 2. Outdoor activities such as go-cart tracks, skateboard parks, golf courses, shooting ranges, and off -road vehicle trails. 3. Convention centers /facilities that provide meeting rooms and a complete range of services including food preparation, assembly for more than 200 people in a single room, and /or an exhibit area exceeding 3,000 sq. ft. 4. Freestanding open -air pavilions greater than 1,000 square feet, for outdoor events. 5. Horse stables, for the purpose of boarding horses. 6. Amphitheaters. 7. Petting zoos. 8. Churches and other permanent places of worship. 9. Recreational vehicle spaces (with or without full hook -up) not to exceed the number of permanent guestrooms. These spaces are to be for the use of guests while staying at the resort. 10. Hot air balloon launch pads. 11. Helistops. 12. Residential, subject to the R -144 development standards. DEVELOPMENT STANDARDS The following development standards shall apply to development in the Resort and Recreation Zone. A. Site Planning A resort, and subsequent additions or expansions, shall be designed and developed in a manner compatible with, and complimentary to existing and future development in proximity to the project site. Site planning on the perimeter shall provide for the protection of the surrounding areas from potentially adverse influences within the development, including flooding, erosion, subsidence, sloping of the soil or other dangers, unreasonable site and noise annoyances or inconveniences. Condition of the soil, groundwater level, drainage and topography shall be appropriate to both kind and pattern of use intended. B. Lot Area and Density 1. Each development shall have a minimum lot area often (10) acres. LAND DE VELOP1,1ENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 41 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 2. The minimum required lot area for each lodging unit shall be ten thousand square feet (4.36 units per acre). C. Yards 1. Front Yards a. There shall be a front yard of not less than forty (40) feet in depth where a parcel abuts an arterial or major collector. b. There shall b e a front yard of n of less than twenty-five (25) feet in depth w here a parcel abuts other than an arterial or major collector street. 2. Side Yards a. Side yards -Minimum side yard —twenty (20) feet, except.where the site abuts a lot i that is residentially zoned, the minimum required yard shall be twenty-five (25) feet. b. Street side yards - Minimum street side yard - twenty-five (25) feet. - 3. Rear Yards a. Minimum rear yard - twenty-five (25) feet. D. Building Separation (Distance between buildings) 1. Minimum distance between buildings a. Between two main buildings — twenty-five (25) feet. b. Between main building and accessory building/facilities —fifteen (15) feet. c. Between accessory and accessory— ten (10) feet. E. Building Height 1. No main building shall exceed fifty (50) feet in height; 2. No accessory building or other structure shall exceed forty (40) feet; 3. In conjunction with a Conditional Use Permit application, the Planning Commission may allow an increase to the building height up to an additional fifty percent (50 %) of the allowable, provided that the applicant provides acceptable justification for the need to exceed the height limit F. Formatted: Font color: Dark Blue 2. Ne stable, barns, GeFfal, eF a thei: a RiFnal aGtivities (;.a., petting zoo) as a GGeeSGFY t9 th Development shall be leGated Glesei: than twe huFidFed (209) feet te aRy pmpei:ty "Re OF street G. Building Mass Any structure over two- stories must meet reduced massing requirements for the floors above the first level. The Gross Floor Area (GFA) of each floor above the first floor must not exceed 80% of the GFA of the previous floor. H. Lot Coverage Buildings, including accessory buildings, shall not cover a total of more than forty percent (40 %) of the area of any lot. LAND DEVELOPMENT ODDE AMENDMENT - REVISED JULY 7, 2003 PAGE 42 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE I. Landscape Requirements The following yards and areas shall be developed into and permanently maintained as landscaped areas containing ground cover, trees, and shrubs: 1. A minimum twenty-five (25) feet of required front yard shall be landscaped. 2. A minimum twenty-five (25) feet of any street side yard shall be landscaped. 3. A minimum twenty-five (25) feet improved landscaped area shall be provided where the site abuts any residentially zoned property. 4. The twenty-five (25) foot landscaped areas along all street frontages shall use desert plant materials and inorganic groundcover, together with a 6' decorative masonry screen wall. A landscape plan shall be submitted and approved that provides. enhanced vegetation of such a variety and density so as to establish -both canopy and - ground - planting. Trees shall be planted every 20- feet on center with a minimum of 25% to be 24" box or greater. - 5. Landscaped islands shall be provided to accommodate a minimum of one tree for every six parking stalls within the parking area. 6. Screening shrubs and trees are required and shall be permanently maintained adjacent to the fencing and property lines in conformance with the Screening and Bufferyard requirements of the Land Development Code. 7. A minimum landscaped area equal to at least fifteen (15) percent of the required parking area to be evenly distributed throughout the parking area and adjacent to buildings shall be provided. Plant materials shall be chosen so that within five (5) years of installation, planting materials shall achieve a thirty -five percent shading of the paved /parking areas. 8. The Planning Commission may approve an alternative proposal, equal to or exceeding the landscaped area provisions provided herein, subject to review and approval. J. Parking Requirements The minimum parking requirements are as follows: 1. The Resort shall provide a minimum of one and a quarter (1.25) parking spaces for each sleeping room. If there are other uses operated in conjunction with and /or as part of the resort, additional off -street parking spaces shall be provided per the requirements listed in the Off - Street Parking Section of the Development Code (i.e. restaurant, office, recreational areas, etc.). 2. In a resort with more than 200 rooms and for uses such as restaurants, meeting rooms and recreational amenities, the required number of parking spaces may be reduced to account for the shared use of parking spaces and to minimize the impact of paved parking areas on the resort environment. 3. At least one (1) bus /recreational vehicle parking stall with minimum measurements of 50' x 12' shall be provided and maintained for each twenty-five (25) rooms, to be located on the same lot as the resort. K. Fencing 1. Where development occurs within 100 feet of a residentially zoned property, a solid opaque wall six (6) feet high or appropriate opaque landscape buffering as approved by the Planning Director shall be installed and thereafter maintained by the owner of property in this zoning district on all common property lines with residentially zoned property or with property designated as residential in the Town of Marana General Plan. LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 43 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 2. The screen walls shall be constructed of, or painted, with graffiti- resistant materials. The screen wall adjacent to the public rights -of -way shall incorporate one of the following decorative materials: (a) tile, (b) stone, (c) brick, (d) textured brick/block, (e) a coarse textured material such a stucco or plaster, or (f) a combination of the above materials. Any continuous wall greater than fifty (50) feet in length shall include variation in the wall alignment such as jogs, curves, notches, setbacks, etc.. and shall include trees or shrubs in the voids created by the variations. L. Access and Circulation 1. All lots shall have frontage on and vehicular access from a dedicated street unless altemative frontage and /or permanent vehicle access has been accepted by the Planning Director and Town Engineer. 2. Traffic congestion must be minimized through satisfactory level of service ratings regarding all related circulation elements. Consideration of adequate queueing, turning lanes, loop roads, and other site - specific design aspects is essential. These design aspects must also account for anticipated traffic generation levels. These design aspects must similarly account for and minimize the generation of particulate matter, noise, and any other relevant environmental impact created directly or indirectly by the project. 3. All facilities shall include adequate service and emergency access. When appropriate, the Town encourages these routes to be designed to perform double duty with pedestrian, equestrian, and bicycle routes through the use of special paving materials and textures. 4. Any project in which the range and frequency of travel demand and volume is dynamic with respect to the scheduling of events, holidays, or other intensely organized gatherings must provide for primary, secondary, and possibly tertiary circulation methods to ensure safe, mobile, and efficient interaction. M. Lighting Lighting shall reflect away from residential areas and comply with the Town of Marana adopted o utdoor I ighting code. The I ight s ource o f any o utdoor I ighting s hall be shielded from adjoining properties and shall be the minimum intensity needed to serve the intended purpose. AM I ighting s hall b e d irected d own and away f rom r esidential p arcels a nd p ublic roadways and shall be as low in elevation as possible. N. Signage On -site signage shall be limited to one low - profile freestanding ground monument sign per street frontage, not greater than 5 feet in height and 25 square feet in area. The sign shall be setback a minimum of 5 feet from the property line and shall be designed to be architecturally compatible with the facility building and constructed with the same or similar materials. O. Trash Disposal Each property shall provide adequate and accessible trash disposal areas, as accepted by the Planning Director. Disposal areas shall be screened from public view by a masonry enclosure, with solid gates, at least five (5) feet in height and able to adequately screen the trash and trash receptacle. P. Noise Impact LAND DEVELOPMENT ODDE AMENDMENT - REVISED JULY 7, 2003 PAGE 44 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE Noise impact shall be considered and incorporated in the design of all facilities and uses to minimize the impact on adjacent residential properties. When appropriate an acoustical analysis will be required as part of the review process. Intrusive noise level. An event or development shall be considered to produce a noise disturbance if the sound level emitted by said development exceeds the following at the property line: • During the hours of 7:00 a.m. to 10:00 p.m. not to exceed 55 decibel. • During the hours of 10:00 p.m. to 7:00 a.m. not to exceed 45 decibel. Q. Nuisance All uses shall be so located, constructed, and operated as- not to constitute _a, public nuisance because of dust, gas, smoke, noise, fumes, odors, vibrations, glare, appearance or other public nuisances. R. Improvement Standards The Planning Director and Town Engineer may make Administrative Modifications to the established development standards based on the following procedures: 1. The applicant shall submit a letter, addressed to the Planning Director, regarding the following: a. How and why the applicant finds there exist extraordinary conditions and /or other circumstances such that the strict application of the particular requirement would result in practical difficulties or unnecessary hardship to the proposed resort project; b. The improvements would be inconsistent with the general intent of this zone or the project and that there are exceptional circumstances or conditions applicable to the subject property which make the standard in question unfair, oppressive or not in keeping with the resort theme. 2. In addition, the letter shall explain how the request meets all of the following conditions necessary to granting an Administrative Modification to the required Development Standards of the Land Development Code: a. The proposal is consistent with the Town of Marana General Plan; b. With the exception of the requested waiver, the proposal complies with the Land Development Code and other applicable provisions of the Town of Marana Municipal Code, and, if applicable, the Northwest Marana Area Plan; C. The site is of a sufficient size and configuration to accommodate the design and scale of proposed development, including buildings and elevations, landscaping, parking and other physical features of the proposal; d. The design, scale and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring existing or future developments, will not create traffic or pedestrian hazards, and will not otherwise have a negative impact on the aesthetics, health, safety or welfare of neighboring uses; e. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood, will enhance the visual character of the neighborhood, and will provide for the harmonious, orderly and attractive development of the site; LAND DEVELOPMENT CODE AMENDMENT- REVISED JULY 7, 2003 PAGE 45 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE f. The design of the proposed development will provide a desirable environment for its occupants, the visiting public and its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance; and g. The Modification on the proposed development is compatible with and enhances the design of existing buildings and other physical features of the site. Neither the Planning Director or Town Engineer may in their deliberations grant approval of an Administrative Modification unless it has first been determined, based on the evidence, that all of the following findings can be made: 1. The strict application of the particular requirement would result in practical difficulties or unnecessary hardship to the proposed resort and would be inconsistent with the general intent of this zone or the project;1. 2. There are exceptional circumstances or conditions applicable to the subject property which make the standard in question unfair, oppressive or not in keeping with the resort theme; and 3. The granting of the waiver would not be materially detrimental to the public health, safety and welfare, nor injurious to the property or alternative improvements thereon in the immediate vicinity. The Town shall provide a written response within fifteen (15) days of receiving the modification request approving or denying said request with the reason(s) why. DEFINITIONS Amphitheater An amphitheater, for the purposes of this code, shall be d efined as any facility, staging area, and/or physical structure, accessory or otherwise, that increases the amplification of sound through electronics, physical design, and /or any other means that is intended to serve and accommodate assembly for more than 200 people. This shall include any substantial grading or construction that creates the necessary acoustical geometry to amplify sound. An amphitheater shall not explicitly be characterized by a below grade, circular, or enclosed structure, but by the site's intent: the amplification of sound for the purposes of public or private entertainment. Such activities, consistent with the amphitheater's design and limitations, shall be subject to specific noise, parking, and safety regulations. Bed and Breakfast A private residence that offers sleeping accommodations to lodgers in ten or fewer rooms for rent, in the innkeeper's (owner /operator) principal residence while renting rooms to lodgers; and serves breakfasts at no additional cost to its lodgers. For the p urpose of this definition, a lodger means a person who rents a room for a limited contractual time, typically fewer than 21 consecutive days. Building Mass The height, width and depth of a structure. Campgrounds A portion of the property upon which two or more campsites are located, established or maintained for occupancy by camping units (excluding Recreational Vehicles) as temporary living quarters for recreation, education or vacation purposes. Guest Ranch A use incorporating ten (10) or more guest rooms that includes outdoor recreational facilities such as, but not limited to, horseback riding, swimming, tennis courts, barbecue and picnic facilities, and dining facilities intended primarily for use by the guests of the guest ranch. Helistop An a rea d esigned to be used for the landing a nd takeoff of o ne helicopter and other facilities as may be required by federal and /or state regulations, but not including operation facilities such as maintenance, storage, fueling or terminal facilities. LAND DEVELOPMENT ODE AMENDMENT- REVISED JULY 7, 2003 PAGE 46 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFF LAND DEVELOPMENT CODE Resort A group or groups of buildings, containing guest rooms, with a portion of the site providing recreational activities that may include, but shall not be limited to, golf, horseback riding, swimming, tennis, health spa, conference rooms and similar activities. A resort may furnish services customarily provided by hotels, including restaurants, cocktail lounges and convention facilities. Timeshare Proiect A project in which a purchaser receives the right in perpetuity, or for a specified term of years, to exclusive use or occupancy of a lot, parcel, unit, or segment of real property, annually or on some other periodic basis, for a period of time that has been or will be allotted from the use or occupancy periods into which the project has been divided, or a project in which a purchaser receives license or contractual or membership right of occupancy; except that a project in which such right to exclusive use or occupancy is available only for intervals of more than 21 days shall not be, considered a time -share project. LAND DEVELOPMENT OODE AMENDMENT - REVISED JULY 7, 2003 PAGE 47 OF 58 DRAFT TOWN OF NiARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 05.11.08 Mixed -Use — MU -1 A. Purpose The purpose of the Mixed Use Zoning District is to promote, and r egulate existing I ow density mixed uses in areas of the Town where public facilities and utilities may be limited. The intent of this district is to encourage orderly growth in semi -rural areas, as well as provide for semi -rural residential uses. In addition, this zone is intended to allow limited commercial and industrial development where appropriate and designed to be compatible or provide the appropriate buffers where potentially incompatible uses are proposed with the surrounding uses. This zone is to be located only where existing mixed -uses are historically located and the area is transitioning into a more intensive use area. B. Permitted Uses 1. One single - family detached home or caretakers quarters (Site built or Manufactured); 2. Formatted: Font'color. Dark Blue 3. Antique shop; 4. Automobile repair garages, provided that no machining is conducted on the premises; no outdoor storage of parts or outdoor parking of automobiles waiting for service for more than seven (7) days; 5. Aviaries; 6. Barber and beauty shop; 7. Blacksmith shop; 8. Carpentry, upholstery & furniture repair; 9. Churches, synagogues, and other places of worship; 10. Construction /contractor's yards; 11. Crop production; 12. Feed store; 13. Foster and group homes; 14. • Gratin g and Formatted: Font color: Dark Blue raising of LARGE AND SMALL livestock; - -- 15. KENNELS; 16. Massage therapy establishments; 17. Plant nurseries and greenhouses; 18. Private stables; 19. Professional offices, not including medical (see CUP Section); 20. Raising and marketing of poultry, rabbits and small animals; 21. Repair shops for appliances, bicycles, etc.; 22. Sales stands for the sale of agricultural and horticultural products produced or grown on the premises; 23. Second hand store; 24. Trucking operations and yards; 25. VETERINARY CLINICS, SMALL; Formatted: Font color: Dark Blue LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 48 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 26. Uses similar to those listed above in this section, as determined by the Planning Director. C. Accessory Uses (Uses incidental to a permitted established use) 1. Corrals, BARNS 8 other animal- KEEPING structures; " -- Formatted: Font color: Dark Blue 2. Detached accessory buildings and structures; 3. Fences and walls; 4. Game courts, unlighted; 5. Garage, enclosed storage, or barn; 6. Guest quarters, provided that no kitchen is provided; 7. Home occupations; i 8. (DING ARENA, RODEO GROUNDS PRIVATE, UNLIGHTED); and, Formatted: Font color: Dark Blue R 9. Swimming pools. D. Conditional Uses (Subject to Special Approval Procedure and Conditions) 1. Additional building height; 2. Apiaries; 3. Commercial riding stables and boarding stables; 4. Game courts, lighted; 5. Health care facilities, including clinics, offices and laboratories; 6. JCEEPING_OF RATITES; ,, - --- Formatted: Font color: Dark Blue 7. KEEPING OF SWINE; 8. LIVESTOCK AUCTION YARDS; 9. STABLES, PUBLIC; 10. Manufacturing, processing and assembly, 11. Mini - storage and/or recreational vehicle storage facilities; 12. Restaurants; 43 Formatted = — =---------------------- ------- ------- -- -------- - - - ---- :Font color: Dark Blue 14. RIDING ARENA, RODEO GROUNDS (PRIVATE LIGHTED, OR ANY PUBLIC); 15. Sexually Oriented Business, subject to Article 9-6 of the Marana Town Code; 16. VETERINARY CLINIC, LARGE; and Formatted: Font color: Dark Blue 17. Warehouse facilities. E. Performance Standards The following limitations shall apply to the conduct of uses within the Mixed -Use Zone: 1. More than one use may be permitted on a single parcel if the following criteria can be met: a. The total of all uses on a single parcel, shall not exceed the Pima County Department of Environmental Quality and other applicable odes and ordinances for individual sewage disposal system, this includes lot area, number of fixtures, required engineering plans, etc. LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 49 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT r LAND DEVELOPMENT CODE b. Each type of use (residential, commercial and industrial) shall have its own separate pedestrian entrance; c. Adequate bufferyards are provided between incompatible uses; d. Parking and vehicular accesses are separate between incompatible uses; e. The proposed use does not exceed the standards of the applicable codes and ordinances of the Town nor create any overburden of public or private streets, utilities, emergency services and /or facilities, and; 2. No outdoor storage of equipment or materials shall be permitted unless screened, by a permanent opaque decorative wall at least six feet'in:height or by a combination of solid wall or fence and landscape screening accepted by the Town. 3. No use shall be established, maintained or conducted within the Mixed -Use zone which may cause the dissemination of smoke, gas, dust, odor or any other atmospheric pollutant that is in violation of Pima County Department of Environmental Quality. Every use shall be so operated that it does not emit dust, heat, glare or vibration in such quantities or degree as to be readily detectable on any property line of the lot upon which it is located. 4. No use shall result in the creation of traffic hazards or undue congestion of any public street or private access. F. Development Standards The following standards shall apply to all developments within the Mixed -Use Zone: 1. General Development Standards. a. Minimum lot area shall be 43,560 square feet (1 acre); b. Minimum lot width shall be 100 feet; c. Minimum lot depth shall be 100 feet; d. Minimum required building setback abutting a street or ingress /egress easement shall be 30 feet. Fifty percent of such setback area shall be landscaped and shall remain as open space, free from structures and parking /loading areas. e. Minimum side and rear setbacks shall be 25 feet. A minimum of 10 feet of the setback area shall be landscaped and shall remain free from structures, This setback may be reduced to include driveways, screening walls, parking if a permanent opaque decorative screening wall five (5) feet in height is constructed along the property line; (.Building Separation. The minimum distance between two primary structures shall be twenty (20) feet. The minimum distance between all other structures shall be ten (10) feet; g. Setback Exceptions. Architectural features such as, but not limited to, eaves, chimneys, bay windows, overhangs, awnings, porches and similar architectural features may encroach into setbacks by no more than four (4) feet, subject to compliance with applicable standards of the applicable Building and Fire Codes; h. Maximum lot coverage shall not exceed a total of 55 percent for each parcel; LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 50 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE A i. Maximum building height shall be 24 feet. In conjunction with a Conditional Use Permit application, the Planning Commission may allow an increase to the building height, provided that the applicant provides acceptable justification for the need to exceed the height limit; 2. Landscaping The intent of the Landscaping requirements is to provide residents and businesses with attractive landscaping that creates an interesting streetscape, and provides a safe and effective transition between potentially incompatible land uses. In addition, these requirements regulate the protection of native vegetation as a significant natural resource. All development within the Mixed -Use Zone shall provide site landscaping, including the: bufferyard, parking lot and any applicable screening as., required herein and in accordance with Title 17 of the Marana Land ' Development Code. 3. Access and Off -Street Parking The number, size and design of all parking spaces, driveways and loading areas for all development within the Mixed -Use Zone shall comply with the provisions of Title 22 of the Marana Land Development Code and the following requirements listed below: a. Per Title 6 of the Land Development Code, all lots must abut a Public Street (06.03.03.13), or a private street improved to a standard satisfactory to the Town; b. Access control and driveway locations will be evaluated per Town of Marana standards. Joint driveways are desirable whenever possible in order to minimize the number of access points to streets and access easements; c. All parking shall be off -street in paved, landscaped parking areas, and; 4. Signs Sign standards are hereby established to promote a quality visual appearance throughout the Mixed -Use Zone, to allow individual businesses to dearly identify themselves and the goods and services offered; to create a unique environment to attract visitors; to safeguard and enhance property values; to reduce potential hazards to motorists and pedestrians; and to eliminate excessive and confusing sign displays. All signs for developments within the Mixed -Use Zone shall comply with the provisions of Title 16 of the Marana Land Development Code and the following additional sign requirements: a. Materials, colors and shades of proposed signs shall be compatible with the related building(s) on the property; b. Monument, wall- mounted and free - hanging signboards shall be the approved styles; c. Signage shall be limited to one (1) freestanding sign for each street frontage and one (1) wall sign (near the main entrance). In cases where there are multiple tenants, each tenant within the property shall be allowed one (1) wall sign (near each main entrance, the sign area shall be determined by Section 16 -14 -2; LAND DEVELOPMENT ODDE AMENDMENT- REVISED JULY 7, 2003 PAGE 51 OF 58 f DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE d. Freestanding signs shall be limited to double- faced, ground- mounted monument style, with proper landscaping in accordance with Section 16 -14-4. Freestanding pole signs are prohibited; e. Freestanding signs shall not exceed eight (8) feet in height (from grade to the top of sign) and 40 square feet per side and shall be located in such a manner that does not create a traffic hazard, and; f. Changeable letter boards may make up no more than 20 percent of the area of a freestanding sign. 5. Screening To create an attractive environment and visually screen land uses that are not fully compatible, the following standards shall apply to all development within the Mixed -Use Zone: a. Service Entrances and /or Loading Areas. All service entrances, loading areas and spaces must be screened from the abutting property and view from a public street Such screening shall consist of a minimum five (5) foot wide planting strip consisting of trees, decorative walls and /or landscaping combination that will provide a six (6) foot high barrier; b. Dumpsters and Trash Handling Areas. All dumpsters and trash handling areas shall be enclosed and screened from public view. These areas shall be constructed of materials and colors compatible with those of the primary building(s). Chain link fencing (with or without slats) is not permitted; c. No articles, materials, trash, equipment or inoperable vehicles shall be stored or kept in the open or be visible from the street, ingress /egress easement, and /or adjacent properties. This limitation does not apply to temporary storage of materials, equipment and supplies needed for the construction of improvements on a site, provided such items are completely removed immediately upon completion of the applicable phase of construction, and; d. Utilities. All utilities including electric power, telephone, gas and water shall be located underground. Utilities shall be coordinated with landscape plans to ensure proper screening and landscaping around utility vaults, box transformers, etc. 6. Lighting Site lighting should serve functional, safety and aesthetic purposes. Site and security lighting shall be designed to enhance the safety and quality of the development. Screening of lights from residential areas and glare from traffic areas shall be required. All site lighting shall be in compliance with the adopted Marana Outdoor Lighting Code. LAND DEVELOPMENT CODE AMENDMENT- REVISED JULY 7, 2003 PAGE 52 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT r. LAND DEVELOPMENT CODE TITLE 8 GENERAL DEVELOPMENT REGULATIONS SECTIONS: 08.01 Building Permits Required, Procedure Therefor 08.02 (Reserved) 08.03 Adoption of the Uniform Building, Plumbing, and Electrical Codes, with Exceptions 08.04 Animal Keeping and Related Structures 08.05 Building Height Increase r n Of St HEeS -t"Guse animals Formatted: Font: 10 pt, Font color: ------------------------ --------- --- --- -- --- --- --- - -" Dark Blue q tr. Gt Fe fer th e h o f r t f b oy f Re ". eF Formatted: Font color: Dark Blue /3) h eyed a mal of n o theF l; fr„1 hall h 9 Fe..te. 1t 'eI'1'v— C�i'nGCi -- /v 00) f ee t ea h a an 1 XGWt the e8'a Ge Formatted: Font: 10 pt, Font color. Of the GAvReE of ARy of ed a no mpir th . t.. d nn th t I a Dark Blue - - - "-_ Formatted: Font: 10 pt, Font color: •--------------------------------------------------------------------------------------------- ------- -------- ----- ----- - - - --- Dark Blue 28,04 Animal Keeping and Related Structures Formatted: Font color: Dark Blue Any person desiring to keep animals and or animal related structures for economic value and or Formatted: Font: 10 pt, Font color: otherwise shall maintain those animals and structures consistent with all policies regulations and Dark Blue or adopted bylaws of the Town of Marana The regulation of animal keeping and related structures established specific to this section shall apply to new development activity gRpurtenant to the ---------- - - - - --- Formatted: Font: 10 pt, Font color: keeping of animals on and or after the effective of date of this section This section has been Dark Blue Promulgated to provide minimum regulations for the protection of public health animals and the Formatted Font: 10 pt, Font color: environment. Please refer to Chapter 6 of the Marana Town Code for Animal Control Regulations Dark Blue applicable within the Town of Marana Formatted Font: 10 pt Font color: • — Dark Blue 08.04.01 General Maintenance LDark atted: Font: 10 pt, Font color: Blue 1. Animal keeping and related structures shall be arranged conducted and or maintained f Formatted: Bullets,and Numbering so that A. The animal keeping area is completely enclosed within an approved fence t --- - -- Formatted: Bullets and Numbering consistent with the quantity, age and disDosition of the animal(s) being kept Formatted: Font: 10 pt; Font color: B. Construction materials are non-toxic park Blue C. Insects, vermin, odors noises manure garbage and or other noxious materials or practices do not compromise the public's health - , Formatted: Indent: Left: 0.91 ", D. No condition of said use or structure restricts the rights of the adjacent grope Hanging: 0.3", Numbered + Level: 1 ' +Numbering Style: A, B, C,... + Owner to enjoy the use of their property. Start at: 1 + Alignment: Left + E. Adequate water facilities are provided that prevent pondinq of water. Aligned at: 0.25" + Tab after: 0.5" F. Feeding occurs on impervious surfaces as appropriate + Indent at: 0.5 ", Tabs: 0.77", List G. Freauent or continuous barks squawks and or other animal related sounds are tab + Not at 0.5" + 0.68" not audible to adiacent residential structures Formatted: Font color: Dark Blue H. Generation of dust is minimized. Formatted: Font: 10 pt, Font color: I. Outdoor lighting does not generate glare in She direction of streets and or Dark Blue adjacent properties: and is consistent with the Town of Marana Lighting Code ___ -_ -__ Formatted Font: 10 pt, Font color Dark Blue LAND DEVELOPMENT CODE AMENDMENT- REVISED JULY 7, 2003 PAGE 53 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 2. Any person keeping animals shall ensure: A. Animals are provided with food of sufficient quality and quantity, and food is -- --- Formatted: Bullets and Numbering appropriate to the species, disposition and age of the animal B. Water is available at all times. C. Animals have convenient access to a structure which provides shade from direct sun light. D. Animal structures are designed to minimize the spread of disease E. Animals are provided with sufficient medical treatment and care F. Opportunity for periodic exercise, under appropriate control sufficient t0 --- --- - --- - -- - -- - ___ - - - -- Formatted: Font: 10 pt Font color: maintain -good health. Dark Blue G. Animal keepinq structures are designed to minimize the risk of animal injury Formatted: Font: 10 pt, Font color: and are of a size of space conducive to the animal's good health Dark Blue H. Tie -outs are located so that they cannot become entangled. 1. Manure is removed from any animal keeping structure or area in a timely manner and handled or disposed of in a manner free of health hazard or nuisance. Mound storage shall not be permitted on a lot less than 5 acres and shall not be allowed to drain, contaminate or pollute any watercourse or riparian area. J. nimals have access to a structurally sound , grooerly ventilated sanitary and - _ Formatted: Front: 10 pt, Font color: weatherproof structure which provides relief from exposure to severe weather Dark Blue conditions and is suitable for the species conditions and age of the animal(s) being kept, � ------------------------ ------------- -- -- --- - --- -- --- - - - --- ----- --- --- ----------- Formatted: Font: 10 pt, Font color: K. &ny gublic and or commercial animal keeging practice provides a schedule Dark Blue for cleaning and maintaining structures. Said schedule shall be posted on or Formatted: Font: 10 pt, Font color: near the structure being maintained in a manner clearly visible to the public Dark Blue L. No rental animal including but not limited to horses and mules shall work more than eight hours a day. There shall be a rest period of a minimum ofl5 minutes for every two working hours. During such rest periods the person in charge of such rental animal shall make sufficient fresh water available '------- -------- -- ---- -- ---- --- --- - -- Formatted: Font: 10 pt, Font color: �. Nothing in this section shall be deemed to prohibit the use of animal manure or Dark Blue droppings on any farm, garden lawn or ranch in a manner compatible with customary Formatted: Font: 10 pt, Font color: methods of good horticulture. Dark Blue `--------------------------- -- ------ --------- -- --- - - -- -- 4. Slaughtering for purposes other than for owner's consumption shall be prohibited in all Formatted: Font: 10 pt, Font color: Dark Blue residential districts. • Formatted: Font: 10 pt, Font color: ------------ ---- ------ ---- -------- --- --- -- 08.04.02 Development Standards Dark Blue Formatted: Font: 10 pt, Font color: Unless otherwise noted; the regulation of animal densities Rermitted within this sub - section shall Dark Blue not apply to un weaned animals. Certain omissions to the following sub - section regulations maw Formatted: Bullets and Numbering be made when animal keepinq and related structures are sponsored by the 4 -H Club Future Formatted: Font: 10 pti font color: Farmers of America or other similar nonprofit organization provided that a letter of authorization Dark Blue from the sponsoring organization is submitted to the Town acknowledging that the project is in fact sponsored by the organization, describing the project and stating its length of time `----------------------------------------------------------------------------------------------------- --------- -------------- -------- Formatted: Font: 10 pt, Font color: Dark Blue �1. Apiaries _ Formatted: Font: 10 pt, Font color: ___________________________ _______________________________ _ _ __ _ _ ____ _ _ A. Beekeepinq is prohibited in residential zones and or any lot less than five (5) Dark Blue acres. The keeping of any bees shall require the construction of an apiary, B. Colonies shall be maintained in movable -frame hives Formatted: Butlers and Numbering C. Hives shall be erected using a hive stand which separates the hive's bottom boards from directly contacting the ground. D. Colonies shall be maintained to reasonably prevent undue swarming or aggressive behavior. LAND DEVELOPMENT CODE AMENDMENT- REVISED JULY 7, 2003 PAGE 54 OF 58 I< DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 4 E. Colonies shall be re- queened following any swarming or aggressive behavior. . F. Four (4) colonies shall be permitted for every 10,000 square feet of parcel area. G. Apiaries shall be set back a minimum of 100 feet from any adjacent residential property line and a minimum of 60 feet from all other property lines. 2. Aviaries A. The practice of bird keeping within a primary structure shall be limited to 15 -- -- Forma Bullets and Numbering birds and shall not require the construction of an accessory structure anA or - - -- Formatted: Font color: Dark Blue aviary B. The keeping of more than 100 hundred birds is prohibited in and /or adjacent Formatted: Font: 10 pt, Font color: to a residential district. -- Dark Blue C. No person shall keep birds outside of their primary structure without erecting Formatted: Font color: Dark Blue an aviary. Formatted: Font: 10 pt, Font color: D. A minimum of 1.5 square feet shall be provided for each bird Dark Blue E. Except in the AG Zone aviary length or width shall not exceed 50 linear feet Formatted: Font color: Dark Blue nor shall the height exceed the maximum height for structures of the applicable zoning district. Formatted: Font: 10 pt, Font color: F. A single aviary shall not exceed 2.000 square feet Dark Blue G. Perches shall be provided for perching species in a manner that allows the bird(s) to stretch to its full height without its head touchin the he top or its tail touching the bottom, of the aviary. H. Aviaries shall be set back a minimum of 60 feet from any property line I. A minimum of 20 feet shall be provided between any residential structure and via - ----------------------------------------------------------------------- ------- -- -- --- ----- - --- -- Formatted: Font: 10 pt, Font color: .• Auto 3 Stables Private Formatted: Indent: Left: 0" A Minimum lot size shall be 1 acre -- - - C---------------- --- ----- ---- --- ------- --- - - - -, B. One animal shall be permitted for every 10,000 square feet of lot area. Formatted: Indent: Left: 0 ", Hanging: 0.69^ C. Animals shall be confined within a stock -tight fence or corral. D. Stables shall be setback a minimum 60 feet from all property lines. Formatted: Font color: Auto E. Corrals shall be setback a minimum 30 feet from the front property line. Formatted: Font: 10 pt, Font color: F. A minimum of 400 square feet of fenced area shall be provided for each Auto animal. Formatted: Font: 10 pt, Font color: `-------------------------------------------------------------------------------------------- ------ --- --- ----- --- --- --- - -• Auto 4 Stables, Public Formatted: Font: 10 pt, Font color: -------------------------------------------------------------------------------------------- - A. Minimum lot size shall be five (5 acres. --- -_____ ;; Auto B. All animal structures shall be set back a minimum of 200 feet from any adiacent residential property line and 100 feet from all other property lines Formatted: Font: 10 pt, Font color: C. Corrals shall be set back a minimum of 30 feet from front property line` Auto B D. A minimum of 400 square feet of fenced area shall be provided for each t;. Formatted: Bullets and Numbering animal. Formatted: Font: 10 pt, Font color: Auto 5 Kennels A. Formatted: Font: 10 pt, Font color: Minimum lot size shall be one (1) acre. t; Auto B. Structures shall be set back a minimum of 60 feet Formatted: Bullets - and Numbering C. Fenced area accessory to the kennel (such as but not limited to a dog run) shall be set back a minimum of 30 feet from any property line Formatted: Font: 10 pt, Font color: Auto 6 Fowl Formatted: Bullets and Numbering A. Minimum - -- -- - -- -- ---- -- -- - --- -- --- - - - - 1 ---------------------------------------------------- lot size shall be one (1) acre r Formatted: Font: 10 pt, Font color: B. A maximum of forty (40) animals per acre shall be permitted Auto C. Structures shall be set back a minimum of 60 feet from any property line ine Formatted: Bullets and Numbering LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 55 OF 58 • C DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE 8 Livestock/ Larg - -------- -------- ---- ------ -------- _----- _- _- _--- _______ -_ - -- Formatted: Font: 10 pt, Font color: -------------------- A. Minimum lot size shall be 1 acre. Auto B. One animal shall be permitted for every 10,000 square feet of lot area. Formatted: Bullets and Numbering C. Animals shall be confined within a stock -tight fence or corral. D. Animal structures shall be set back a minimum of 60 feet from all property lines: corrals shall be set back a minimum of 30 feet from front ro ert line. - Formatted: Font: 10 pt, Font color: E. A minimum of 400 square feet of fenced area shall be provided for each Auto animal. 9 Livestock/ Small - -- Formatted: Font: 10 pt, Font color: A. Minimum lot size shall be 1 acre. Auto B. One animal shall be permitted for every 5.000 square feet of lot area. Formatted: Bullets and Numbering C. Animals shall be confined within a stock -tight fence or corral D. Animal structures shall be set back a minimum of 60 feet from all property lines: corrals shall be set back a minimum of 30 feet from front ro ert line. - _ - . - Formatted: Font: 10 pt, Font color: E. A minimum of 200 square feet of fenced area shall be provided for each Auto animal, _ - - -___ ----------------------------------------------------------------------- -- Formatted: Font: 10 pt, Font color: Auto 10 Ratites Formatted: Font: 10 pt, Font color: — A. Minimum lot size shall be two acres. ----------------------- ", Auto B. One ratite shall be permitted for every 10.000 square feet of lot area. C. Animals shall be confined within minimum six- foot -high stock- tiq_ht fenced Formatted: Bullets and Numbering corrals. Formatted: Font: 10 pt, Font color: D. The minimum setback for structures shall be 60 feet from any property line; Auto the minimum setback for corrals is 30 feet from any property line. Formatted: Font: 10 pt, Font color: Auto 11 Riding Arena Rodeo Grounds Formatted: Font: 10 pt, Font color: -------------------------------------------------------------------------------- A. Minimum lot size shall be three�3 acres for commercial and or public arenas - , Auto and -grounds. Formatted: Bullets and Numbering B. Minimum lot size shall be one (1) acre for arenas and _grounds for private recreation and training. Formatted: Font: 10 pt, Font color: C. Minimum required setbacks for all arenas and or rodeo facilities such as but Auto not limited to a chute shall be 100 feet from any property line. Formatted Font: 10 pt, Font color: D. A minimum of 400 square feet of fenced arena or grounds shall be provided Auto for each animal. E. Rodeo Grounds practices and maintenance shall be consistent with the Pima County 4 -H and FFA Livestock and Small Stock Show Code of Ethics. 1 2,. Rodents — --- --------- - -- -- - ---- - ----------a -- - ----- Formatted: Font: 10 Pt, Font color: A. Minimum lot size shall be one (1) acre. ------ ------ - ------- -- - - - - -- t- Auto B. A maximum of forty (40) animals per acre shall be permitted. Formatted: Bullets and Numbering C. Structures shall be set back a minimum of 60 feet from any property line. 13 Swine - ---------------------------- ---- --- --- --- --- ------ Formatted: Font: 10 pt, Font color: A. Minimum lot size shall be one (1) acre. t- Auto B. One (1) swine per acre shall be permitted for a parcel smaller than 5 acres. Formatted: Bullets and Numbering C. The minimum setback for a swine related structure and or pen on a lot less than 5 acres shall be 100 feet from any property line. D. On a parcel 5 acres or greater, all swine related structures and or pens shall be located on the half of the property opposite of the highest classified street adiacent to the subiect property. E. The minimum required setback for any pen or structure on a lot containing 5 or more swine shall be 300 feet from any property line. F. The keeping of five or more swine shall be prohibited within a residential district. LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 56 OF 58 DRAFT TOWN OF MARANA, ARIZONA DRAFT V LAND DEVELOPMENT CODE . 0$. 04. 03 Enforcement -------------------------------------------------------------------- ------ -- ---- --- -------- --- - -`- - Formatted: Font: 10 pt, Font color: Dark Blue Upon finding by the Town that a violation of this section exists under application and or review for Formatted: Bullets and Numbering new development the applicable permit or authorization shall be withheld 08.04.04 Severability - --- - -- Formatted: Bullets and Numbering Each part of this section shall be construed as separate: if any part of the section shall be held invalid for any reason, the remainder of the section shall remain applicable. This section shall not ------------ Formatted: Font: 10 pt, Font color: apply to open range as determined under Arizona Revised Statutes Dark Blue _. Formatted: Font: 10 pt, Font color: Dark Blue 08.04.05 Administrative Relief ------------- - - - - -- Formatted: Font: 10 pt, Font color: ---------------------------------------------------------------- Dark Blue The Planning Director may make administrative modifications to any standard established through S ection 08.04 of t he Land D evelopment C ode based o n the f ollowing p rocedure T he applicant shall submit a letter, addressed to the Planning Director, regarding the following: 1. How and why the applicant finds there exists extraordinary conditions and /or other - -- --- Formatted: Bullets and Numbering circumstances such that the strict application of the particular requirement would result in practical difficulties or unnecessary hardship to the proposed animal keeping 2. The improvements would be inconsistent with the general intent of this zone or the proiect and that there are exceptional circumstances or conditions applicable to the subiect property which make the standard in question unfair, oppressive or not in keeping with customary animal keeping practices. 3. The proposal is consistent with the Town of Marana General Plan 4. With the exception of the requested waiver, the proposal complies with the Land - - - - -- Formatted: Bullets and Numbering • Development Code and other applicable provisions of the Town of Marana Municipal Code, and, if applicable. the Northwest Marana Area Plan 5. The site is of a sufficient size and configuration to accommodate the design and scale of - - - - -- Formatted: Bullets and Numbering proposed development, including buildings and elevations landscaping parking and other physical features of the proposal 6. The design. scale and layout of the proposed development will not unreasonably interfere -- - --- Formatted: Bullets and Numbering with the use and enjoyment of neighboring existing or future developments will not create traffic or pedestrian hazards and will not otherwise have a negative impact on the aesthetics, health, safety or welfare of neighboring uses 7. The architectural design of the proposed development is compatible with the character of - -- - -- Formatted: Bullets and Numbering the surrounding neighborhood, will enhance the visual character of the neighborhood and will provide for the harmonious orderly and attractive development of the site 8. The desiqn of the Droposed development will provide a desirable environment for its - - - - -- Formatted: Bullets and Numbering occupants the visiting public and its neighbors through good aesthetic use of materials texture. and color that will remain aesthetically appealing and will retain a reasonabiv adequate level of maintenance. 9. The Modification on the proposed development is compatible with and enhances the - - - - -- Formatted: Bullets and Numbering design of existing buildings and other physical features of the site LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 57 OF 58 r DRAFT TOWN OF MARANA, ARIZONA DRAFT LAND DEVELOPMENT CODE • The Planning Director may not grant approval of an administrative modification unless it has first been determined, based on the evidence that all of the following findings can be made: 1. The strict application of the particular requirement would result in practical difficulties -- ---- Formatted: Bullets and Numbering or unnecessary hardship to the proposed animal keeping and would be inconsistent with the general intent of this zone or the project 2. There are exceptional circumstances or conditions applicable to the subiect property _ _- -- rDr tted: Font: 10 pt, Font color: which make the standard in question unfair, oppressive or not in keeping with ue cu stomary animal keeping practices: and 3. The granting of the w aiver w ould n ot b e materia ydetrimental to the public health safety and welfare, nor iniurious to the property or alternative improvements thereon in the immediate vicinity. The Town shall provide a written response within fifteen (15) days of receiving the modification request approving or denying said request with the reason(s) why ------------------------------------------------ Formatted: Font: 10 pt, Font color: Dark Blue LAND DEVELOPMENT CODE AMENDMENT - REVISED JULY 7, 2003 PAGE 58 OF 58 • TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: Jul 15, 2003 AGENDA ITEM: IX. B. 5 TO: Mayor and Council FROM: Leslie Liberti, Environmental Coordinator SUBJECT: Discussion/DireWon Conservation Planning Process Update DISCUSSION: In December 2002, the Town initiated a Conservation Planning process to determine whether to seek an incidental take permit from the U.S. Fish and Wildlife Service to ensure Endangered Species Act (ESA) compliance for certain capital improvement projects and urban development within the Town. Phase I of the Town's Conservation Planning process has just concluded. The result of this analysis is a list of species that are recommended by the Technical Biology Team for consideration as part of a Habitat Conservation Plan (HCP) or conservation recommendations. This presentation will review the analysis and results from Phase I. RECOMMENDATION: N/A SUGGESTED MOTION: N/A ADMIN/JCE/07 /10/2003 - `OWN F 9, qi Date: July 7, 2003 To: Mayor Bobby Sutton, Vice Mayor Herb Kai, Council Member Carol McGorray - Council Member Tim Escobedo Council Member Eddie Honea Council Member Patti Comerford Council Member Jim Blake CC: Mike Hein, Town Manager and Mike Reuwsaat Assistant Town Manager From: Leslie Liberti Environmental Coordinator RE: Final Report for Phase 1 of the Town's Conservation Planning Process In December 2002, the Town initiated a conservation planning process with the ultimate goal of preparing a Habitat Conservation Plan (HCP) to support an application for an incidental take permit under the Endangered Species Act. The Town's conservation planning process was divided into three phases. The goals of Phase 1 were to (1) identify which species to consider in the conservation planning process and (2) determine which of this set of priority species to cover under an HCP and which to address through conservation recommendations. The first phase of the conservation planning process concluded in June 2003. The final report (enclosed) summarizes the data, analysis, and outcomes for Phase 1. Phase 2 of the conservation planning process will focus on continuing the data gathering effort and developing specific conservation strategies for each species Phase 3 consists of fulfillment of National Environmental Policy Act requirements for an incidental take permit application, including the preparation of an Environmental _Impact Statement. In light of paps in the existing data on occurrence distribution and habitat requirements of these species, the original process has been modified so as to preserve the greatest flexibility for the Town with regard to implementing conservation strategies. Rather than determining at the end of Phase 1 which species to include in an HCP and which to address through conservation recommendations this decision has been deferred until priority data gaps have been addressed and more information is available to the Town with respect to the costs and benefits of pursuing various conservation strategies. I will give a 5 minute presentation at the July 15 2003 Town Council meeting to provide a brief overview of the Phase 1 process and results. I will also be available to answer any questions that the Council may have regarding the conservation planning process. Town of Marana tOWN p�. 9 MARANA 7 AR,ZON MEMOR-ANDUM Date: 6/17/2003 To: The Town Managers Office and Members of the Stakeholder Working Group From: Leslie Liberti, Environmental Coordinator RE: Town's approach for Phase II of the HCP process Phase I of the Town of Marana's Conservation Planning process concluded with a set of 20 species that have been categorized with respect to the Town's level of need to cover these species under an HCP. The purpose of covering a species under an HCP would be to obtain an incidental take permit for that species with respect to a set of covered activities, including urban development and capital improvement projects. At the last Stakeholders Working Group meeting, the conclusion of Phase I was presented as a decision point in the HCP process at which time the Town would determine which species to carry forward as candidates for inclusion in an HCP and which species would be considered for conservation recommendations but not covered under an HCP. At this meeting, a range of perspectives were expressed regarding the final disposition of the 20 species. One suggestion was that the Town pursue a comprehensive systems - approach (include all species) to the development of an HCP. At the same time, there were concerns that covering a more extensive suite of species might be overly burdensome for the community and a limited approach would be more appropriate. The Town of Marana does not currently favor one approach over another, given the current lack of understanding regarding the balance of conservation, community and regulatory benefits of covering a suite of species in an HCP versus the costs of implementing an HCP. The Town feels that, although the Phase I analysis represents a careful and systematic application of science and expert judgment; there is inadequate information at present to make a decision regarding which species to cover or not cover under an HCP. The Town has elected at this time to pursue the safest and most flexible course of action. Rather than act on insufficient information, a decision regarding the final conservation and compliance approach for the 20 species will be deferred until more information is available on the occurrence, distribution, and conservation requirements for these species. Town of M arana � Memorandum 6/17/2003 . The Town's future effort will be to develop a conservation strategy that would provide for the needs of the species and would be sufficient to meet Endangered Species Act requirements. In doing so, the Town is acting in the best interests of the species and the community by preserving the flexibility to consider a full range of regulatory approaches to conserve species and support continued economic and community improvements. Through development of a set of conservation strategies for the 20 species, the Town will gain an improved understanding of the conservation and regulatory compliance needs for these species. With this understanding, the Town will be able to craft the most appropriate. conservation and compliance strategy for each species. These" strategies could `include the development of an HCP and incidental take permit application, participation in the Sonoran Desert Conservation Plan, development of a mitigation or conservation bank, development of safe harbor or candidate conservation agreements, continuance of section 7 consultations, the development and implementation of conservation- oriented Town ordinances, and other options. Attached is a flowchart that outlines the initial stages of Phase II. This second stage of the Conservation Planning process will begin with a further refinement of existing conditions and covered activities, an evaluation of covered activity impacts on each species, the development of goals and objectives for conservation strategies, and the development of conservation strategy options. At the point that conservation strategies have been developed, the Town will readdress the issue of how best to address the conservation and compliance requirements of each species. . The Town greatly appreciates the comments, concerns, and input expressed by the Stakeholder Working Group members. Your dedication and commitment of time and energy have helped create a process that is both balanced and thorough. As the HCP process moves into Phase II, the next few months will be devoted to identifying existing data gaps, prioritizing these gaps, and addressing those that are most critical to the HCP process. The SWG will reconvene once the full set of data gaps has been identified and priorities have been assigned. A late summer meeting is anticipated. Thank you again for the support you have provided to the Town's HCP planning process. The Town looks forward to working with you through Phase 11. • Town of Marana _ 2 �pWN p gR,ZpNP MEMOR-ANDUM Date: July 7, 2003 To: Mayor Bobby Sutton, Vice Mayor Herb Kai, Council Member Carol McGorray, Council Member Tim Escobedo, Council Member Eddie Honea, Council Member Patti Comerford, Council Member Jim Blake CC: Mike Hein, Town Manager and Mike Reuwsaat, Assistant Town Manager From: Leslie Liberti, Environmental Coordinator -r4— RE: Final Report for Phase 1 of the Town's Conservation Planning Process In December 2002, the Town initiated a conservation planning process with the ultimate goal of preparing a Habitat Conservation Plan (HCP) to support an application for an incidental take permit under the Endangered Species Act. The Town's conservation planning process was divided into three phases. The goals of Phase 1 were to (1) identify which species to consider in the conservation planning process and (2) determine which of this set of priority species to cover under an HCP and which to address through conservation recommendations. The first phase of the conservation planning process concluded in June 2003. The final report (enclosed) summarizes the data, analysis, and outcomes for Phase 1. Phase 2 of the conservation planning process will focus on continuing the data - gathering effort and developing specific conservation strategies for each species. Phase 3 consists of fulfillment of National Environmental Policy Act requirements for an incidental take permit application, including the preparation of an Environmental Impact Statement. In light of gaps in the existing data on occurrence, distribution, and habitat requirements of these species, the original process has been modified so as to preserve the greatest flexibility for the Town with regard to implementing conservation strategies. Rather than determining at the end of Phase 1 which species to include in an HCP and which to address through conservation recommendations, this decision has been deferred until priority data gaps have been addressed and more information is available to the Town with respect to the costs and benefits of pursuing various conservation strategies. I will give a 5 minute presentation at the July 15, 2003 Town Council meeting to provide a brief overview of the Phase 1 process and results. I will also be available to answer any questions that the Council may have regarding the conservation planning process. Town of Marana Town of Marana Habitat Conservation Planning Process Phase I Results Process • Phase — Baseline: planning area, conservation targets — What is need for Incidental Take Permit? • Phase II — Data gaps — Reserve design — What is best conservation strategy for each species? • Phase III — NEPA process 1 Species Assessment Process Conservation Target Initial List Identification 17 species 45 species Likely listed & Potential Habitat Threat Assessment 16 Species Potentially subject to take f�. ELM � 3'. x. On a ra = w { r4I uxonFt�aPxMi '. 2 Species Assessment Process Conservation Target Initial List Identification 17 species Likely listed & 45 species Potential Habitat Threat Assessment 16 Species Need Analysis With 4 Species "High" Need Potentially subject to take 12 Species With "Low" Need Species Classified as "Low" • Mountain plover • Lesser long -nosed bat • Willow flycatcher • Big -eared bat • Yellow- billed cuckoo • Gila topminnow • Yuma clapper rail • Sonora sucker • Mexican garter snake • Talus snails • Lowland leopard frog • Huachuca water umbel 3 Species classified as "High" • Pygmy -owl • Burrowing owl • Tucson shovel -nosed snake • Ground snake Future • Considerations — Likelihood of listing — Cost of HCP development and implementation — Cost of future ESA compliance and mitigation — Potential for federal nexus — Piece -meal planning vs. comprehensive planning • Phase II — Data collection, conservation strategies — Draft HCP (next Spring /Summer) 4 '}�. ,� n' � - ,,,�'., } \ � , �¢.x: ^^ I � � �` C�Z..'s,. a'fr �,� �,,,� �' '�'�. S � r _ ¢ � � ? �r � fit, �l�t.`'�S..dti h•,�'V3 � U , `:>``, '.,.. -ec r '`j � �,.'s �...�:C�'v'p�ur"�S.�S��.�� [,y,:��� a,.t . vz,�,:..w 3r.'x:.�'u�"�',�k��'}� a �""�.,•.^."�.+•a.`\.�> � a� :J �� � SX, 1 7 � ^"�\'�<� r: '�'r.'� a z r .:✓ a b� .•1,��.f,A, ¢.��.�5. \ .Y�e i )`�.ti i". „e�rtr*t �'�`?,.• \ a< .,�7.,�`�- `�'h'to ?S» �� x.�s.. y . , � ,+a. � ,, Y ^,1i��� y�'` :i- �`F5 �'E�i. ' r '�'•"� t� fi � �n�� �r S�`�.�. a� ��� ��.:ti���� .?��4.;,..✓ ��� i �t � c, �'¢, n� ���, �, 4 � �u "tiwr - �c,,,r ���;�,>.,. ,,. �x14`.�.s `.�. -, k•.. "�' �":. k'�� �' T'^���' �. �.:s'c�c'.:\��i�%+".r ¢�^�R.'r. '��E i ✓. .; �ys�`�7�-"S�u y . _.��. �... x ..,tar. ,;; ��� �i•�, y.. tia ,�'4 �,; -�?rA �� ���� .i'�,, r�"'�r `��:a`��`"�ya..:.�t ". _� �'�.`� ``�.:.,� �-,> s':;;�'���v:� ��?v'' � ti`�. ',, a£�a. \ "� n�Y� y'ay . \r "si�a,� vx. ,' ."���`,- '�'v z .,�`� a `4�• �`. '' *'v`"n a " ) ,r ti ~ t: ��'- �n�F..., ?. �^ �� .. ,." - ��\,Y �'� '.� i z w'S �}i �, c�r `Y3i J{,.�'�''•� ,\�,a .� ,� p r � C. 'lh � re �.5�.�. . \`y o'�•,wiJ�',L�. �h�y �x ,�.'`=.r,\`y. `�._��,de v.v:ea �'\'^2z. <.`�����. a'?�i���.a`�u �£�.a �'�.. `� °3° �C.. � .. �" ��•�\.' ,Po�L��ir a�± \. "��. iS� �'� L�$'4��� -a.. _y`'\ g.��ti,`�,FZ`�S5��' , ,.� �,. °�2 ��C,<� '�?.� �� ^ a. �`,..:: t ��z ? a:., �%I 'w'xa,'S"`eas'C.t�'. - . � 7.c \. �:�'`n,w �.�� r �> \ � ^`- ��" ,�'"'�� - ., _`7 ��� �•b�= �:\ � �\'.o.� ` �.�'�. i � at .: \.•t r .1 fir, - ,uu+. > \rys.. d, - e��.r y,� y'�Z.� ��G . .�ar��'�v�;at� - �� ,,,a "i4, �E�•- L«C'"��^,s ��`"�'°„ �-_ - �:,���a. � ;✓ � � -_ �,!- ��,,,� p.e; � k... m.Y y� �'��a'.¢\' �'�,;.. ',� � ), � r � � `�\ ,tea _' Sab h.x,� y � � . \ � -� t;l Y`T.+..y�„yF� �"+�, , g � -� � � \..?� i F"�+,:���4,y },�.,,1.. .�,� L- `"a�.�'�'.- r..S'!�. "��'°�� t .�+�+5'K4'.l+�,S C � a x ; p T•\•+�ktr.�r, -� _. s � r ,u x � � -�'�`,\ .aC.....`os` - u -r �" }:C�� ,.� . �.> z l? ti5.1. '\'ti u� 2 xv 4� - 4\ 7� � •z"`���.3 -a � �'�c�+s' .' � �� S :� �'�'�` •'�..s-•,°`. .�+�.. � ✓yam. T \�,.. �� �, . _ C - •:� - �^,? T ��..<. -�'�.. \"j � 2 C:.� �;� 1-^+, 3�. e 7 `.p.�V"�...1„` � Y"" t " Z:,i `\ -�`•� F `�_ . ^�� �z ' � ���Z.+�'� ��C�'�c �` � .,�`r�'4l Y�,`,,��.C.r, a..0 �y4,,•.�. •�. ^a�z;<Y -� �i c�''.", ?�'� �"'� b - „k 1 °"tZr \'`t sic � <'.'v'`(Ax `k. ^�- a . 'w c \:�.. -� .. +. s, � �"”' � �� ` y � 5 ';�.. a 7`v '*'F''t�� � z ' �5�' c �,�M v r e >` 'y - � �: zs✓ �. v `�� � � � `fi <+ '�w.�� . ^`'�� r "Y. ti�� £�j���'" : :cif e.��c e r �� "h Sv S 4. �. �`�.vw� -�`>✓ . - m v � ��..'� � - �' i. vw y u �`4.. _ -., :�. ��'� w � , y.� ^p��"�'^^�r v :.0 ��;� `a, , ,,���SL„ � .�. { �..�' ,�jl! Nry I r 1p 4`+t' I • • • • • • • Final Report • • • Town of Marana Conservation • Plannin g Process Phase 1 Report • • • Prepared for • Town of Marana, Arizona • • June 2003 • • • • • • • • • CH2MHILL • • • • • • • • • • Contents • • • Section Page • • - Introduction ..................................................................................... ..............................1 • Process and Approach - Conservation Target Identification .......................................... ..............................1 Technical Biology Team and Stakeholder Working Group Involvement ...............2 • Documentation ....................................................................... ..............................2 • • Results ............................................................................................. ..............................3 • Potential Conservation Targets .............................................. ..............................3 Species...................................................................... ..............................3 • Special Elements ....................................................... ..............................4 • • Threat Assessment ................................................................ ..............................5 • Needs Analysis ...................................................................... ..............................5 Summary............................................................................... ..............................6 • - Phase 2 Approach and Process ..................................................... ..............................6 • Citations ............................................................................................. ..........................13 • • • Attachments • Attachment A: Covered Species /Special Elements Evaluation for Town of Marana HCP - - Revised • Attachment B: Final Threat Assessment for Town of Marana HCP Planning Process • Attachment C: Needs Analysis and Advantages /Disadvantages of Pursuing and HCP • Attachment D: Other Supporting Information for Conservation Target Identification • Attachment E: Considerations in Defining the Planning Area • Attachment F: Meeting Summaries • • • • • • • • • i • • • Introduction In December 2002, the Town of Marana (Town) initiated the first phase of a conservation • pl annin g process. The Town envisioned that the conservation planning process would • culminate in preparation of a Habitat Conservation Plan (HCP) to support an application for • an incidental take permit under the federal Endangered Species Act. The incidental take • permit would address take of species potentially resulting from future commercial and residential development, flood control activities and other capital improvement projects. In • addition, the Town sought to receive recommendations for measures that could be implemented to promote the conservation of other special - status species that did not • warrant coverage under an HCP. • The Town divided its conservation planning process into three phases. The goals of Phase 1 • of the Towns conservation planning process were 1) to identify species and special • elements to focus on in developing a conservation plan and 2) to determine which species to include in an HCP and those to address through conservation recommendations. Phase 2 of • the planning process will focus on developing conservation strategies for the conservation • targets identified in Phase 1. Phase 3 consists of preparation of environmental documentation for compliance with the National Environmental Policy Act that would be required to support the Town's application for an incidental take permit. The following • presents the results of the Phase 1 of the Town's conservation planning process. • • Process and Approach • i Conservation Target Identification • A three -step process was used in Phase 1 of the conservation planning process to identify • conservation targets for consideration in an HCP and conservation recommendations. • Step 1: Identify potential conservation targets Step 2: Evaluate threats to potential targets from proposed covered activities Step 3: Analyze need for incidental take authorization • The first step consisted of identifying species with known or potential occurrence in the • Town that were listed or likely to be listed under the Endangered Species Act (ESA) within 5 • to 10 years. Special elements that were known to occur or were considered likely to. occur in • the Town also were identified during this step. The approach and process for identifying • potential conservation targets is described in the Technical Memorandum Covered Species /Special Elements Evaluation for Town of Marana HCP — Revised, provided as Attachment • A. Species that did not have the potential to occur in the Town or were not listed or likely to • be listed in 5 to 10 years were removed from the planning process. Species with the potential to occur in the Town that were listed or considered likely to be • listed in 5 to 10 years were evaluated in the threat assessment (Step 2). In the threat • assessment, the potential for each species to be impacted by the Towns proposed covered • i 1 Special elements to consider in the development of a conservation plan were identified in the first step but were not further considered in Phase 1. Special elements will be considered in Phase 2 during conservation plan development. • • SACTINAL REPORT.DOC t • • • activities was evaluated. Covered activities evaluated in the threat assessment included commercial and residential development expected through 2025, capital improvement projects, and flood control projects. Through this assessment, species that could be subject to take as a result of one or more of these activities were identified. The methods and results of the threat assessment are described in the Technical Memorandum Final Threat Assessment for Town of Marana HCP Planning Process provided as Attachment B. • Species identified as potentially subject to take from the proposed covered activities were considered in the Needs Analysis (Step 3). For each species, the Needs Analysis evaluated the likelihood that obtaining incidental take authorization under Section 10(a)(1)(b) would be necessary to implement one or more of the proposed covered activities. The approach to and the results of the Needs Analysis are presented in the presentation Needs Analysis and . Advantages/Disadvantages of Pursuing and HCP provided as Attachment C. Technical Biology Team and Stakeholder Working Group Involvement The Town convened a Technical Biology Team (TBT) consisting of experts in conservation - biology and /or in the biology of species of interest in the planning process. The TBT provided input on the approaches to each step in the process, provided technical expertise to support decisions during Phase 1, and made recommendations to the Town regarding conservation targets to consider in Phase 2 of the conservation planning process. Technical Biology Team meetings were held on • December 19, 2002 i • January 24, 2003 February 26, 2003 • March 26, 2003 • May 1,2003 • May 14, 2003 • May 27, 2003 In addition, TBT members communicated with each other and the Town between meetings via email or phone. One two occasions during Phase 1 (March 27, 2003 and May 22, 2003), results and recommendations generated by the TBT were presented to a Stakeholder Working Group to obtain input from the broader community. Documentation Technical memoranda and /or presentations were prepared at each step in the process to . support and document the decision - making process. These technical memoranda, presentations and other supporting information are provided in the attachments as follows. • Attachment A- Covered Species /Special Elements Evaluation for Town of Marana HCP - Revised • Attachment B - Final Threat Assessment for Town of Marana HCP Planning Process - • Attachment C - Needs Analysis and Advantages /Disadvantages of Pursuing and HCP • • Attachment D - Other Supporting Information for Conservation Target Identification 2 This meeting focused on reviewing and revising the Needs Analysis for presentation to the SWG. A meeting summary was not prepared for this TBT meeting. SACTINAL REPOFEDOC 2 • • • • • Attachment E - Considerations in Defining the Planning Area • • Attachment F — Meeting Summaries Summaries of the TBT and SWG meetings further documented the process and decision- making. • Results • This section summarizes the results of the identification of potential conservation targets, the Threat Assessment, and the Needs Analysis. Detailed documentation of the results of each step is contained in the associated Technical Memoranda and presentations provided as attachments. • The three -step process for identifying conservation targets described above shows a linear • progression from one step to the next with species either being removed from the process at • each step or carried forward for further consideration in the next step. Most species were considered in a linear, step -wise progression through this process. However, for a few i species, information obtained later in the process necessitated reconsidering earlier • decisions. The following discussion focuses on the end result for each species regarding the • recommendation for its further consideration in the planning process. It does not document • each decision made for each species through the process but does provide the information pertinent to and necessary for documenting the final recommendation for each species. • • Potential Conservation Targets Species • The Sonoran Desert Conservation Plan's (SDCP) 55 priority vulnerable species (RECON . 2002) were used as the starting point for identifying potential conservation targets. The 55 • priority vulnerable species consist of 40 species and 15 talus snail taxa with similar habitat requirements. The 15 talus snail taxa were addressed collectively. In addition to the priority • vulnerable species, the TBT recommended consideration of four other species (Yuma • clapper rail, mountain plover, desert tortoise, and American bittern), bringing the total • number of species considered as potential conservation targets to 44, plus the talus snails (Table 1). • These species were evaluated for their potential to occur in the Town based on known • occurrences and the presence of potential habitat. Thirteen species were determined not to • have the potential to occur in the Town (Table 1). The remaining species (31 species + talus i snails) were evaluated for their likelihood to be listed in 5 to 10 years. Eleven species were - not considered likely to be listed in 5 to 10 years (Table 1). The 13 species with no potential to occur in the Town and the 11 species not likely to be listed were removed from the • planning process. Six species were already federally - listed and four species plus the talus • snails were considered likely to be listed in 5 to 10 years. These species were carried forward • to the Threat Assessment. • 3 Defining the planning area, which is an important component of developing an HCP or other conservation plan, was addressed in this phase of the Town's planning process. The discussions on defining the planning area are provided in • Attachment D to document the Phase 1 process. However, because the specific definition of the planning area did not play a significant role in determining conservation targets or identifying species to consider in an HCP, it is not further discussed. • • SACTINAL REPORT.DOC 3 • • The remaining nine species (burrowing owl, Tucson shovel -nosed snake, ground snake [Valley form], Western red bat, California leaf -nosed bat, pale Townsend's big -eared bat, desert tortoise, Sonora sucker, and lowland leopard frog) were initially classified as - "uncertain' with respect to their likelihood of listing pending acquisition of additional information. Additional review of the status of and potential threats to these nine species resulted in the classification of five of the species (burrowing owl, Tucson shovel -nosed snake, ground snake [Valley form], Sonora sucker, lowland leopard frog) as likely to be listed and four of the species as not likely to be listed (desert tortoise, western red bat, i California leaf -nosed bat, pale Townsend's big -eared bat) (Attachment D). However, based on input from Ronnie Sidner, pale Townsend's big -eared bat was subsequently reclassified as likely to be listed and Mexican long - tongued bat, which was originally considered likely to be listed by the TBT, was reclassified as not likely to be listed (Attachment D). Based on this additional information, 17 species (16 species plus the talus snails) were identified as - potentially occurring in the Town and listed or likely to be listed in 5 to 10 years. These 17 species were evaluated in the Threat Assessment. According to the criteria established for including species in the planning process at this step (i.e., potential to occur in Town and likely to be listed in 5 to 10 years), the four species classified as not likely to be listed based on further review (i.e., Mexican long- tongued bat, . western red bat, California leaf -nosed bat, desert tortoise) could have been removed from the planning process at this step. However, the TBT felt there was sufficient uncertainty with respect to these determinations that eliminating these species from the planning process might not be prudent. The TBT therefore, recommended that these four species be considered in developing conservation recommendations but did not recommend . consideration of these species in HCP development at this time. Special Elements The SDCP identified 21 special elements in Pima County (Fonseca and Connolly 2002). • Special elements known or expected to occur in the Town were recommended for • consideration in the Town's conservation planning process. Seven of the special elements from the SDCP were determined to occur or potentially occur in the Town. In addition, the TBT suggested consideration of four other elements: rock outcrops, relict Santa Cruz River sand dunes, springs and stockponds based upon the smaller scale of this planning effort . relative to the SDCP. The TBT recommended consideration of the following 11 special • elements in the Town's conservation planning process. i 1. Sonoran desertscrub - Ironwood -Palo Verde -mixed cacti 2. Sonoran riparian scrub 3. Mesquite 4. Cottonwood -willow (Son.) • 5. Cattail 6. Perennial /intermittent streams 7. Saltbush 8. Talus slopes i 9. Rock outcrops 10. Relict river sand dunes 11. Springs /stock ponds • SAC \RNAL REPORT. DOC 4 - The special elements were not further considered in Phase 1 of planning process, but will be considered in Phase 2 in the development of conservation strategies. Threat Assessment The threat assessment analyzed the potential for each species to be subject to take from the - proposed covered activities. The 17 species identified as occurring or potentially occurring in the Town and that were listed or were considered likely to be listed in 5 to 10 years were evaluated. Of the 17 species evaluated, one ( Chiricahua leopard frog), was identified as not potentially impacted by the proposed covered activities and was removed from further • consideration in the Towns planning process. The remaining 16 species were recommended for consideration in HCP development (Attachment B). • Potential habitat for the Chiricahua leopard frog is restricted to a small area in the - northeastern portion of the Town. The area of potential habitat already has been platted and development has been completed or initiated on much of the potential habitat; no future impacts are anticipated. Further, TBT member Trevor Hare reported that Chiricahua . leopard frog does not inhabit the Tortolita Mountains and therefore, would not be impacted by proposed covered activities. Because no threats to the Chiricahua leopard frog were identified from the proposed covered activities, this species was removed from further consideration in the Town's conservation planning process. Needs Analysis The Needs Analysis evaluated the likelihood that obtaining incidental take authorization under Section 10(a)(1)(b) would be necessary to implement one or more of the proposed covered activities. All species were assumed to be listed for the Needs Analysis. Of the 16 species analyzed, four were characterized as having a "High" need with respect to incidental take authorization to support the proposed covered activities; the remaining 12 species were characterized as having a "Low" need. Species characterized as "High" were those for which take was considered likely as a result of covered activities and take avoidance was not expected to be possible. For the species characterized as "Low," take was . considered unlikely based on the species' occurrence and distribution in the Town and /or • there appeared to be feasible and practicable measures to avoid take. - The Tucson shovel -nosed snake was characterized as "High" conditioned on the species • inhabiting portions of the Town. While the SDCP habitat model predicts the occurrence of high value habitat for this species in the Town, this species has not been reported in the Town in more than 20 years. It was uncertain whether the lack of occurrence records reflected the absence of the species in the Town or a lack of surveys. The Threat Assessment • showed considerable overlap between proposed commercial and residential development and potential habitat for the Tucson shovel -nosed snake. This high degree of overlap indicated that this species likely would be subject to take from future development if it inhabits the Town. Thus, the TBT characterized this species as having a "High" need for - incidental take authorization conditioned on its actual occurrence in the Town. The Needs Analysis did not make recommendations about which species to consider in an HCP and which ones to consider through conservation recommendations. Rather, the Needs Analysis provided information to assist the Town in deciding whether to continue with the SACTINALREPORT.DOC 5 • • • • conservation planning process (specifically whether to pursue development of an HCP) and i which species to carry forward into Phase 2 of its conservation planning process. i Summary Through this step -wise process, of the original 59 species considered, 16 species were • recommended for consideration in development of an HCP and four species were identified for consideration through conservation recommendations. Of the 16 species recommended • for consideration in an HCP, four were identified as having a "High" need with respect to • incidental take authorization to support the proposed covered activities and the remaining i 12 were characterized as having a "Low" need (Table 1). • Phase 2 Approach and Process • i Based on the results of Phase 1, the Town intends to initially consider the 16 species i analyzed in the Needs Analysis plus the four species recommended for consideration in conservation recommendations in Phase 2 of its conservation planning process. The Town's proposed path forward is to develop a conservation strategy that would provide for the • conservation needs of these species and that would be sufficient to meet ESA requirements. • Through development of a set of conservation strategies for the 20 species, the Town will - gain an improved understanding of the conservation and regulatory compliance needs for these species. With this understanding, the Town will be able to craft the most appropriate • conservation and compliance strategy for the suite of species considered. These strategies i could include the development of an HCP and incidental take permit application, • participation in the Sonoran Desert Conservation Plan, development of a mitigation or i conservation bank, development of safe harbor or candidate conservation agreements, continuation of section 7 consultations, the development and implementation of conservation- oriented Town ordinances, and other options. Figure 1 diagrams the primary ® steps for Phase 2. By carrying all 20 species forward in developing a conservation strategy, i the Town is acting in the best interests of the species and the community by preserving the flexibility to consider a range of regulatory approaches to conserve species and support • continued economic and community improvements. • • • • • • • i • • • • • i SACTIMAL REPORT.DOC 6 • • • • o i o a c � i ;; a �o d c • IL • . a 'v • N c to i 0 a i N :. d O co O ate—. L1 R W C V > 0 ► rn i d � d c y '•°_ °' N AD ca crt „ u� i x c c O W U °o 0 i N C = E CL O O U d m d U L L c • O t0 d 0 G Q c w 3 0 L C c0 IJJ 0 � W O N � • ' ° 3U 0 • IL c c co c c ° i+ F N - N � O t CL . U 2 i FL O ° c�a cis ° 0 as ° ° .. w W J a ¢ i cr O Z O U LL C h • • • • • > c C c m:. Q > 0 o i i O a H c��' c> oo i C C> c - 0 3 O 0 := " c Q N O ? ca.O £ d0 . c �ca o i o`er a d U ! .? _ 3 i CO > t c o n� Q co a H 10 �O t Y i - s 0 C as m O j i r - E2 o • C t > 3 N RS N 1 N N N • co O s U U �� O U �� �� CL co 0 CD N Y 0 3 O m N N p Y € > O C N •U O O • Q CO Q' '.. U ca U a m> 0 I a L [O a to a • G C C a C w O ca = y U c C y C of ca — i ca _ U z O 3 s a 0 a a) a ca � 3 a d O N a> a fl • 3 N ar p N t N N, p p Y _N O _N p O CL CL p — — (D — .0 p. CO t ca • O i+ { a� 0 3 .a > t C Q to ( i .Q 7 } O CO .O U_ �O U t ,,..0 co C C cis t� } O ?� N O O Y co Y N Y ( Y U U E O. € Y C9 O Y a Y C� a) C C I ._ Y a p a >€ a a Co 'O € a NE " - O 3 m ca m U N. U w ; a C O m U C a 0 € U C N a N N y N m N a> a N E N 3 a n N C N 3 • oa CN Cp C >°-'cj o aN ago i o�° oaN: O tq 0 0 0 U 0 U N w S N> 0 _!n > p 3 dj j p ;p N i cri • q - z Y to U N co g i N O y N ' N O m L N V N t CL C N N co N N t N '—�' C co a N� ca N } N p N 0) (0 • N N a) Nm ca N �? j N C N. U' U O U C U C C U C.) C;) •U 5; t U U C C ca o. >_ amo a)3 am33o m> mho' a�? D (1) CU - n p 0 a� ao p o o Y Qp I a p p o c- ca N n o o v3 c W (L w CO U U) 0. c = c�? I- I- ° cn am to s W- Q • � l CD • G at N ; U i a> o> as n 3 3 3 3 • CO 0) _ 1 4 • O .a' ' � € [� _ � i • c ° 0 0 0 0 `o o `O o 0 0 d a► asp • ;a V '' co N y i co € N N N C c (j 0 0 0 , 0 = 0 0 0 0 o o U U U U U U U U U • N S _CD CL i cn � Z C � _ o `m N O Y r I • p >. co m N cA a1 0 N I N w a) = N N a 0 Y U • N Q 0 a) N — N N O , N 3 =0 .� 3 m o • o_ 3 o ca o a) ; N a� a> [ a c cc i w V' ai y o 3 (D C LU LU C O (D CO) co m ca 3 7 N I ca 0 N 1a— a ; U m C7 ( F- ? J d c4 € ti • F f I • • w • • • �, E • m 3 N 30 € >O c a >O c 1 c > � 0 3ia2:� Y m • N U N U U 1 U ca N c Q° O O o °c °c g o' °c °c o NU' E • ( o:3 5 = o mom- „a =I o� Emo � $ � u ; j ai tip � w � N a. • o �� �� ° �� ?gym' =.� ° �m > j cm °° i c a N i ia ° as ° cm c CO c • 6 0 cas cas o° c chi oa 3 -C e- r_ f-0 m m� F-Q � 1—Q o_m3N ; • £ C CO 02 i O m $ C N O m ? O m C N '�. h ca N N i N Q O Q O ,i 3 . . c Q- = Cl. 3 ' C Q' Q t 3 ' 0 N U Q N t _ _ L m • E om -0c om oco -oW om y>��N • Y _m- Z. ` Y _mL 3 L Y E a mL � y CO w j �� y CO N 3 m CO � to 0 N 5 Q � O C _ m w S_ O O _ C cA m • N LO .. C � > Ln„ � > L ` L > .L-. L .� t O O .0 Vj C C C C m • Qc� a > ~?� >~ pcC -a > - 0 > flO Ym E c m 8y £ 0= c m 0� l 8 0 ° � ' c E c m o E • N CIS *6 �� ¥�0c CO o 1- 0,0a��ai ca ° v0 of • N a°iQ NNN NN`� 0Q mN NN m �E21 U m C O q C 0 m C O O O m Y U O p ( bf > ° 0. 7 O Q 7 N> o °. 7 O Q } w> .. .Q —° m U. C j • Q — co, ° O U O U U ca, — U O U ° o J= ca v t O '� m 4 ; cc Cy) ( y N C) O co d O •y N N y a. O d N y 0 V) 3 C' C co U j U C 'V U U 'U :e • U •> .= - U U U U> 3 p� ~ m• m a m a m 3 m- m— m 3 m m 3 m c E m c n Q� m Qo Q' Qo Qi Q� m Qo Q Qo Qom o O m o o c U ca . U N U H N U O . L + (n H N co H U to L Q U {" O ° (n o • C) • c3 lQ J J J J J J J Z V ? co CL CL as c • g i 0 i 0 O O O 0 0 O CD • - p G.V N N N N - N N N .. 0 c ( O 0 O O 0 0 0 C1 U • U U U U U U U N • p C ' f • o to N 1 N co • cd U ¥¥ j •� I C � 0 cz L m m Q O m co to • o n 0 O n _m 3 m c °a ca 3 ca O • r �' U C € "d E • m E 3 ca °c 3 co .x LL U • • • w • • _ate I C N D@ p C N N@ @ ca @ C N a)@ O w Q C i Q. O1 3 r C p N Q 0 Q 5 C x �� O O@ B 0 O O .0 (a N ) 0.2 r " N r QS �S Cm • N � C o Errs C @mac" co E� O o o o onEEmam) o p • i�pya�c vpys °N pp s U0 Q E= ° @ a) E' ° °s@. v ° a) - 0 0 o @ • N @@ y Q N @@ N C i@ C N@ @ N Q TEo O �Eo cc) �'E'OYo • CD E :5 @ c o rn SHY Y m�=� C c E c cH E> ca._• o f cF-_ c N •@ C C N } •@ C 7 C� (n C U E fa C 3 E C N r ,. E O @ C O O i C O @ a a ? a m C @.: Mme•_ @ tq _ O (D- Nom•— N N N N N CL 0 w V C @ Q i C �. @ c .a) U p U @ @ @ {y @ @ @ @ @ i CO @ .O C N ? y O CO - N N@ N O O O O O; • pU CO 19 C 3 aU CO co o C.> . aU N o o 0 o O O f ( LO LO LO LO LO • " i� c c c c c c ai c co °— (n C O - p =- O N o a, c � O E2 2 y ca _@ 7 C C I @ _@ 7 N C 7 Y_ N .'C.. �. C C N N y • 3 >, ca v . O ' >. @ ca ? O U — @ c >, N ca -O U @ @ @ ! Q @ o N o�� @ N ov�� soo No ° -a @o • T' "p r "O O C_ @@ r O . p.'p O O O O O U N N U S N N U N N € >. c ( Q� @ E E Q rn @ E N ��a . Qcn N @ E E @ @ @ ( as as le • ca `� � 3 0 0 ? `�� ca 3 a °v ?. E� 1 :E'a 0 0 ' o o o o o • o �3c = � @ H3c =m�ov�io = 3ca z z z�z Z. CD tm S x ° c ; • v z z z z:z:zz z cu c � • cu °' `u z C i L L L L L • W Q O O C.0 Q 0 ,.s3:ty cc Cu • L Q •� A& 02 , 00 O O •= O O • N C1 a) C Z C Z C U i U O U O . 0 4) u u 0E p o; p' O o • c V o f o f o f C c C c C c U ( U a) cu U � N • cu N � • _ m €. U 0 a a 4) @ £ • @ C. t 0 Q cu i U �y G j O cu 0 co cu • O d C >, :� w • 5 @ E p �,. N C S d O .-c E E as j O @ ) C €@ •a) N ' z J ;_ y W N y @ as ti m E @ @ E @ co Q s • • • m € S m m a i? m m o o o co CL co i m� mi W >E o= G q U Q N R ca y,a O co as co co co co ! n n� 'V c ?� O-O� Q, C s o -o oo o o o ° boa Nj 3 l - o °��°�H j ! - o U U c c �CO • a a s v o o° i U cn u u CO CO o f �= m co, NV ° >.: . ofC 75 1 C I co co m c 0 > { co co co 1 c � to o C.3 m- n -� - u�jY� ��U �� y mot: . a o 0 0 o o o' oi•c °osm.m� cat oro m m m m m m N N F m m "� m U m m m N j m N' R c c: (o O O i O V O O CL 0. c o OL 0L CL CL - O_ O O O O O o Q€ Q O- O O! O O: to O O- o F Q O€ O c Z Z Z Z Z i Z 1 U) U) Z Z Z¢ F F !A Z Z Z= CO Z Z • � i U3 O i U d R ¢ - ¢ _ ¢ F ¢ ¢ ¢ - ¢ ¢ ¢ ¢ ¢ ¢;¢ ¢ (� Z Z Z Z Z Z Z Z 4 Z Z Z Z Z Z Z 1 Z Z Z cu c ? 3 co Z [ € L V L L V • m m; m m- m m m; m m m m m m F m: m; m m m _ ` C y c R c C N c C cA - c { y s W cq cn tp ca cA fq co V1 c13 t C c C ` c C s c • o 0 0 o 0 0 o? o 0 0: o o o o 0 1 0 0: o U U o U U U U o o° U o N c 0 0 4 0 0 O O i O O O O i O O O O O ( O O€ O C i C' • V O O o o O O o O O O O O o o O O O 0 U • U F I CL 76 N � { v I { R O 3 C U £ i I O O - d O 3 O _ O O ; co ca co m Q R y i U m Cl) co CU m 3 N a°i m m i o t n > C-) a o • -C- a m L 'O €€ 3 l m O co [ O! to 3 N m N i U y Q.. O - cq i € U m 3 m 'O a) i Co ? ® O R O R Y 7 to . CC r � 3 o Q j s v ms s { a U Q v� =3 ° c`�i c c LU co co co cq j c O ! R co C C t C o co Q' co m c o c n i U c z co m E ° m m c E °-> { `m 0) m m a`�i `� ' v E a I OCVJ C'3�DJ H-!Qj� OOC'U 0 ID�C'3¢¢�� C'3 ai � . . . � CD . m \ $ C\j a .k w w > ( : 2 R R CO ( $ ^ ^ / \ ® . . k :k k ,2 0 ^ \ j 2 :, 0 . � § / \ k . � c Q- $ . � . 1 k a » @ « . . ® ) = : := – M & .$ : s co 2 c 2 k % $ 2 CL ( CO ca 0 > 2 ) .�. L k ! _: _: § C , o: o:t § 2: \ K 0 o 2 . : \ v k % k o :a k ( <:«:% co z z® m k 2| . . : e K c [ \ / | : A 0 0 2 a_ / E k ° . m 0 S// o §: §:® � 2 � � $ / . ,e!0 :0 c . _ cc�c:c 0 c a @ . 0 0: o: o t @ $ c Cl) Q c # \ � ) k k K . a � (D . co 0 Z + o $ .2 0 o . ( :E ° E .. : _: / \ ± k t 75 E $ 2 ¥ ® f ( – = � c _ o (D c . (D m ® ■ (o:0- :R o� 3 B [ u §: < E f a a 8 o CL o = G - 2 S 2 2 2 R / 0 ©[ m w E E E E . § c = c . _ _ _ » { ( k \ 0 k / / LU cc ® k/ !t =./ /7 e: m: wm 2:2. � � � • • • • • Citations • Fonseca, J. and N. Connolly. 2002. Special Elements. Prepared for the Sonoran Desert • Conservation Plan. • RECON. 2002. Priority Vulnerable Species. Prepared for the Sonoran Desert Conservation • Plan. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • SAMML REPOU DOG 13 • • i i' • • • i r - i • i • • • i • • i • i • • i • • • i ATTACHMENT A Covered Species /Special Elements Evaluation for Town of Marana HCP - Revised • 0 • • • • • • 8 IN CEI co ° c t5 Noy oo co v 0 m v ca C y j 4 ° m C (A CL rw o G ca m� p y co Q cu o o.Q >. ac Y�c.E9) Z c o f¢~ r CE S ca E y my•- vrnvco °� m v N � o c om cu > , E G 0) c a°i ° �- cn w m a `D m ` Cy cl)` oa_ o a o V N tm N N N O to 3 O G y'4 RS N M L o0 y Y 7 cn 76 d, Y O N C p N a V O N V O,G••�- y i a O ca O D y � .-� - O s O° > � »: v� m v y; C c o CL a C'� c ca 'c'v cn *% p� cn v c C v C N cU ID 0 0 > M N,O ca ca ca � o > N U c = N m N d C O N C' C ' r O" t O O V V N >+ J C E (z a ,� U C N aU) O ca = N RS C+ N L (� y CL N O fa O 'C7 y N U N ' ~ '� ca fl.. O O p E '- sv G 0 0 CL vo- O ?� O N .0 O a « V ca �? c � c m m C/) a C N 'O N ° C C L `Y- o cz t N E 0 0 tT O Y aT p O :3 O O C p G N ,�- to ftS tT . 3° O C N O V o O � N cn ° c y •S tv ° •a N �- C N L •• L N fl O U .. tp , .- 0 ca U z i , U C N a ca 'o y O O O (0 c c 'r 6 O O> to > O ° •C N y :3 O _� L o D ca V As y C « O r C d C Y N y M CCS N Q y N. 0 ?� fa V N E (a y O ca CL 0 0 0 0 0 C\l 0 0 0 N O N N $ c y C3 .0 Co O U N O 7 O O $ r O L y i U C 0 ._ N N y N N N N N N N N Y y LS N N M O C 'C N C , - N m *t a oraao_° -°-n.n 0. D - �� Eva�ac0E � cu cu v UU v 3 mc o� �� �° U U U U U U U U . 2 L fr' D °' 0 D o O � u? ° co m a tv m 3 �c7 o (n fn fn Cn U) ( U) fn fn w fn m .Q L fn a m co ca y ■ Q t - Q D_ I - N G C C G G C is v C t3 - a a _ > cc c� «i cn csf cu M c ) N y Y Y .Y N O N N N Y '� U U U U U V 4) J J `J J .J J M J J� J J d a U U c c U U U U U U U c c c U U c zz������ �� z z z �S z cn Q a ww��Uwwwaw0 o 0 oN d z z z m C` c Rs c c cz as is Q% W as as # cd c is Z co U) O N N O N N N N N N N y y N N N N O '- � 0 0 0 0 0 0 6 u O `- `- O O O O v CL n. a, a a. a. CL a. a a. a. 2""P ' (L a n. (L a a. a. O :c E I Z C' tv zs ro o WD a' V O ca C �. y ro ro - O y C y V Y d f y C y N N � '� G © N V . a to C Ei N U C ro V ro C ro ro to i U c co O h fl. ro w ro .C" h v .c1 'G N a ro 3 O V nS ° C flY Q C p ca ro cc O O p U Y O U U y' Op N O 4f ca r ? T) .. 49 N 'a h a O O y N 12 t5 O a) Q _ a' b! c f ° j O fn N CD V ew c m o _ iu r_ is a d G O E ca N w ' w,, 3 Y a) tJ •- ` — y N y C 3 GO O = C a) a o c c G E v c c y G 3 CL 22 C co o c` °� o ca c m ca t o m d U -j�� - C) n_ Q> c� o$ o c w n w c o o ,, t' u ° i a m EN v Q� 3 cN°o � CL w Op X a°i ; 3 N 0 �Q w p y O w C p C O 0 ry N V C p O O O coy w E a a �, ca was E U ° o ° E >+ c0 O U E O d U U 4) t� oQ0 O O E O ca U Co O = L w O (6 d N c O C GN y fC " O i = U N w +. U CO CL = , d c 0) c co o cn cn w O N AN, ra 2 co _ Co E c y M a w C O rn O C V +: c 3 c o `� c° N c ca c w 3 W w w a �v)� °- ° a U i a >E mM o a �� G� w C NZ7 27 Q G U all t C = >— M = E w w CO Q i. ° O E «S r = U) U N .a 76 �. �. w ``" w N C a) N �O N X ( O y fd C `° i U= �. gj w c w o O U o c a o o> a- U $° c as E >, U Q c a o — ° y � U N a o °? c a aa)) c to ° U o a) c� a _o c wt m c (wc;,a w caw c w w y y c � — u) a a O 1 1. v a o CO N •� T- cn 1 2 a� w a' (z C U( � O fd >' ►+ C C L C :3 C° y N co N cts w U y y O O p o w o E �U) cU EE° t w _m c O « 5 a D u) E «. y M � N2 O CO co O U O Eon c E w 00 � is � U `�' E c c� a CL ca os .0� a Ear a as N� O N L a T7 C 'a m U) X 00 o c 3 w w aO a ° i ':.; a — •o cu M == m w N t a �� c `° .: �'> CL a E acs o y '= w N y.. O y X�•— O O U c0 N 3 O X � a) CO C) o �,$ wQ� c ° w c°u a 00 0 0 (0-0o c C\l _ N w �O > N U y N O O C w c a) a. 0 y c O Q O N •' C N p n v) O w O Co N C C = eCC V y p y y 2 y N N CtS 'j Q C O E U C C >+ > j C O �O' U U O O N a) N O w Cl) w cn w 0 in u) w +'• O w N a- 0 O E w p O �o U 2 fl d E U OyC N N 0. i CL N y Q a s E o U c � C ° �i 3 0 a co a c � o y o ' C) I— a U) Z U J U) .. !n U) a) L (L = a. I— N Q !— Q U) U) r Q r r ) a) w w w w w a) w w w: M 44 Y Y Y N w J C C J G C C C C C C C C C ♦. Ml., C .; x Q Q Q Q Q Q » 7 > O w D 0. m a M x w N w. U) a) w w w w w w '�' C C U C U C C C cn � d z z z z zzz o Q 4 « c U U U :`; c c c c c U c c U c U cn CO d +� z z z z z z U) z z U) z V) 3L y d- im a6" k r � f0 " A (a (C (o (O aS CZ 5 i N C •� s'+� C C e K C, ,, C � w v p O .C3 O 3 O O O 0 0 ` O O O O C) �- a o. n. �1 n. d. a. o- (L o. a. 3L o- n. a o. a. O •' a �':.. z w y M� ' V K V V1 a) a) M y N C y O y g y p y y0 3 +N a Co CL It, y C C t as k V N N RS C a) i 0 O O y O w p = T" C 3 y O C O y a s y c _ O O O k oy C C O C RS C O O 41, O Ri Rf = w y 7 - =7 .� d' C; E 1A Z ' � N " O — Z c w $ cts co w y cn w .C; w a) o o w w 3 ° w a s N d O Y w, a) CA. C a� O O t a) ". U Y! a z" c� 0 3 c o o cts M U RS : v a1 to C ° C 'C w w y C 3 a E — N w ctl y c Q v) r J art' F- m < ac ¢ !n Q C'3 Q _°, ��/�a/•000a00 •••••••••••••0.09••0•••••0.0••• 8 ° C N CO U y C N� O (0 30 = ZT 0. Y U) ai a c — o ° o h c CO � Z N a) .0 CL CO = = C 0) U '� O a) a O C N C C O 50 C fl >+ to a) m «• " cd N 50 C co � .L. Z C N 0 U a) a) 0 = cis fl ° ° 0 3 m a) 0 a) in U cn h O y Q j c c ° a) 0 C c _ . d y U N a) a) N 'U *• U 'a °'� _z o i 0 0 (D a) w .� co N co y ` ' 50 L 5 V C 0) .= Y *' N 'd cC to C E C . co N aS O U C U C O U a) co fl _cz E O U N 16 52 E 1 O U O 0 a) Ch U O a . O U Q N N 0 cn N y0 i. Y E = — — — -, N N J 0 N N •5 _ > f0 6 O 'd O C U w Z O C N NN co U� 2: E .y. 0O ca cts 5o S ` to a) d' U c co a) U) d U °' Z °c E E E C O C U a N 5 5 5 5 t 0 9, � N (0 a > O m a) C O a) O Y A c0 V c C 5°n y 0 cn g ca �—�� o c Q «. 0 0c 5n a N 50 5 E a) 5 t0 -o --Z C co o c E h T U E i 0 N N .. — 0 N co O 5q N O O QN a c 0 ° > c 8 — > 0 ci Z N 0 O c_CO c`0 a a co +, y 50MN 50 CU y � fn C tz 51 p O U ) a) 0 0 to 0 cn 5 (n .-` U 0 'O a) j N 5 0 — C C i C J C of C C a C d , O a) = O p�p 0 O O O 0 a) ►. C U C > a) U) N N N O C N O h N N N N C N ` V =�gn's ° o ° o ° 0 5nx v5 a 50 a� C C N N N C ° N C N N N N U) 0 0 0 0 0 0 0 += U° 0 0 0 U U a� ° 0 m ` CL E p a000o $) a'a z � 0 Q� (n (n(n QO.C (n �U) rn •— c vi Z � Q 5 _ () co 5 tf ° 0 t ° •n � � .N 550 C C C O `+ N a) 0 Q y N m � a) 5 C O C ° Q m t0 RE y Q<1 Q Q Q d Q Q d Q 5A C U «i •_ d M C z z z Z Z Z Z Z Z Z Z C C `V ,4? U O CL 6 O a) = m c c i o` c C a °' Q d iTL IL Q Q Q C Q ] Q Q Q Q aS . Z .a 50 Z a) C N y 50, Z Z Z Z Z Z i- z Z Z Z rn a) vi Q N "= Q c a) C co E (n Q c C U) a) 0 Eg c O .. ` a) c0 �.. ti a 70 0 0 y o 0 U E O U Q g¢ c¢ Q Q¢¢ ao 5n a) o c¢ E o uo(n (nzzZ Zz Uzzzz �_ 16 U cz `n co U�r 0 ° c W ai Z c c y 4) 5 C M m M O 2 C cd 0 50 0 4) C C C C C •.= C •. C C C C .0 ° U Ca = a) C 5 O co U N N N N y N u 0 v0i a) t y L a) C c c d 0= LL 50 .�. < co .0 m Q Q Q Q a Q a ° ¢ Q Q Q 3 a a) >+ c m `� ca 0 ( L C O cri E f N N O � co a) C13 �a) ao ° ¢� E0 � c- 5n C N O a) U 5 ^ V - p y r > 0 >. m ca w N 53. cn CL a) O U 3 as 0 Z� Y c cc0 d CL c�5s a U y C E 50 O O ftY U co Cis c R3 v u O U ccf)) O .c Z ai (z O d , .0 G U a) C a) __ N_ 11 C > U O ui O Q) a) p, a. cn i U 50 Z , a3 ,y ►: N 5 0 co N O C Q C y fl >` O Cn j *r t0 s ctf 0 U O '- Y =O 0 () V a) v cts O Ca j > t C U rn L •' 0 c O c0 O c * %- C > C O > N N C E C C CL (n w 0 +r �' �U «t cL a0i 0 3 <-- 0 (i t°n k o ? w a0id v3°) _ E o° U c . in y y E C O O CO O co w N O C y c0 t C O 41 y •L UU a) N UU to N >+ d O j, 11 .— C O 50 C Z 0 p 0 O� E S N V C 0.2 V E= a) O , 1` N C O E Q` T C N° y •�' O D c w O c ° C) 0 00. N y N r O E y 5 O G IU S a) N C o a) N a - in r) U i S ` p Z w O C) " (0 NO = Q 0) C J 5r U Q CO C O T 5u c T 51 N V q 50 V U ` in N y C 0 a) U) C a UUU a�C WC�pW WL co 'a �0 m $� ° N ~ O is) i t j Ri ° ° _ <n a a ) ) 5u c U) L y a) 0 cn C Q cii U y y° 0 E N F o o.. w 5n c� 0 _o �� c 0 Z to U N 0 Y m tU N C tm m, O cZ N a) C 0 p h h 0 U = 50 'c ui v- c 0 0 a) C O U 0 N y t m ca (n ' C a) CO c ° ' U . a 'd . 0 p v C 5]. Z 0 x ;' C C aj U U O CL L O 3 y G. t LL y d V.:..v' m c cn 0) = oo V m`m� 0:5 .7 � c U� g o r rn > y' V 0 a) 50 0 r b ' c0 y ?� a) O U 0 a) CL 0 Y d i 50 �+ O O .m C CO a) m c E a) �� M C C N N to L tUt�� �+ C +' S 5n 0 C Q) . C N d V C C h i *`' y O N o y N d RS C O _ _ m C fl. , rn a a U 5n _ (n a) cn c 55s y t0 y a) 0 c d N y C :; a) °" dA E C .d. C cu W c y ` C ' Y7 y Y 0 C L N V C d d p y +y+ V O m O , w N 0 E C N 0) O a) U E 0) U a) O ►. (0 W .p c N d -Y V O d 'i c0 c N O 'c v tn; aoxo �a a 'a azZ .. I L N w as -o c) 3� a a ocax�o� w w M O O w O R 7 Q N LL CD w w N w 0 � - z L � �� U p �_ i— ¥C m Rf f0 � O W N N O! p€ U mm m o m € Q `Q R �: € U tU U j FC C N E 2 3 a 3 a € 1:2 y c m � m t a ° c �a mY n > iU UU L _ 1, is GL E c C to ea s O S c O 1 c O ? N t N i L clf •�- Ci C�� N ii CI ;._.0 'LL — tt �N m N m O € O m C CD ca cs a£•n1m to o• pt >`U o m - to v' ¢ ¢_¢ c O¢ ;Q]¢ Q Q aim W co Cal a' c� E- E. -SE.- t�t�t w L�cjo 0tO " p r€ o m: N C N S N Z;Z c Z o w �IZ Z Z 0 m m € — m c Nj— L C CC C # C j N W E ��a��a- p o ca _0 0 0 0;0 0 # p� c t 'a v c w O O: C N N U'C 'fa' m 7 3 j a1 'Coo O t Q N N U Ill O C} m C' S I C p.£ E E L �' N J c '°- C N C N ca L 3 m 0 0 -o CD c �cl a at`onc,D•° c ° a a c ° o ° o c� v o ai ? y � y �a cco m m O: O.p N p m m m mm m 3 ]O — N m E mco;5coE mY% �o�aZiaZ �N m cm rnM 3 �Oo E rcootm or 0v m i � u m , 1 C D ! �� C) my 0 0 ow c N d �• m i 0 E m V N FL•+ � N a . o m 0(a t,a (a (0 - o co w E E'aC?a[Q 3 z is m a, € -- c'S m co N I- E O E o CD jj 1 # I p � ?• O w I`£ C O d 0 5 Z E v co 0) c' QtQ ¢¢ Q QQjQ Q m c C 3 3 3 7 j C °� w V d� fL l`� C C�Ct U Uy U �?� Z � � Z�Z Z "[Z t� Of •� G N C.t0 c c 0 OtO Q Q? ¢ s x € v E �? q w f 3 0 a N y 0 s t0 i 7 fl ' O c O i i �� c s 4 N O w t.# l j i R C C 4 W mmm m m m c. C C€ C CS C �� c� C; C C C� C m 0 C :: NE of m w d m,mmm % C!mmm mm� mmzmmm m L N N N N N co N N N;. N N N NI N N NI N_N N N N C m. w 0 atn`aa aaka? a a a C¢Q ¢¢ Q °¢¢¢¢ a E >, (D O c 1 t=a t a ca° j ( j o c d ° c 3 c. p Nmm co O i _ ( w = i( i t m w v j c a O co E ra C 3 € j O N I N q aS L m N 3 t� OS O L i I N€ r Q ca w W H t d t c t ° m �? y- m a ) l6 7 O N O Q 7 m 'C p E - p v m c) m Zc 13c°>m m 3 N 3 i 0 i m u► 0 m O c v 0 co +. O ° N c0' ° d d 3 a)� m > O U c � m �o � o x � c C �N, cc �ca o° O ca vi i=1 O N E ° H U y ns m`� ° o m o a c �� o v m > C m c ` L ° Y m e C y C'S d 0 a. E 4t p� 7 p fl ® 0 6 E 15 O� a ° o� N iE o U N -0 N c,N 0 0 0; c 3i� °> d O X 0 0€ m, o� Cal �a �'j o O 'c c x ca� c cai o co E io U) mi�'U 1- at U _j W D U U) 0 U =, ti! m w w W m CU m Q. • w • • • • • • • • • Species Information Attachments • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • CH2M H I LL ,TELEPHONE CONVERSATION RECORD • • Call To:. Dr. Cecil R. Schwalbe U of Arizona • Phone No.: 520- 621 -5508 Date: January 30, 2003 • Call From: Mark Cochran Time: 04:00 PM • Message • Taken By: CH2MHILL • Subject: Current Biological Status of Sonoran Population of Desert Tortoise • • Cecil confirmed that there has been renew interest in the Sonoran desert tortoise from a research perspective, but that there is no movement towards listing There is renewed interest but not renewed concern. There is no evidence of widespread declines although • there was a population crash in the Maricopa Mountains in 1989 as a result of a severe, local • draught. One other study plot indicated a decline, but there are many study plots through • out the State which confirm this 'administrative' population is doing OK. Threats to the habitat are still not enough for concern.. Not a lot of development in its primarily mountain • habitat. The current draught is no doubt having an adverse effect but the results of this will • not be know for a few years yet. In bad years (spring) they stay in their burrows and are not • counted. This is a long -lived species that is well adapted to draughts. In planning area Desert Peak and the washes just out from Desert Peak is good habitat. • • • • • • • • • • • • • • • • • • • • SACISPECIES INFORMATION ATTACHMENTS.DOC 2 • • • • • • CH2MHILL TELEPHONE CONVERSATION RECORD • • Call To: Jim Rorabough — USFWS Phone No.: 602 - 242 -0210 Date: January 30, 2003 • • Call From: Mark Cochran Time: 10:00 AM • Message Taken By: CH2MHILL • Subject: Status of Sonoran Population of Desert Tortoise • • Jim has not been formally involved in tortoise issues since 1998, however, he has kept close tract of developments. In brief, there has been increased/renewed focus on the Sonoran • population over the last 5 years. The is some evidence that upper respiratory disease is • becoming a problem. This was a major factor in the listing of the Mojave population. Some • permanent study plots are showing declines in the past few years, some populations (Maricopa Mountains) have crashed. There is increased focus concern over the effects of • fragmentation given evidence of intermountain movements in the recent past. • Recent FOIA requests are an indication that a petition is in the works. There is renewed • interest in the Arizona Interagency Desert Tortoise Team's (AIDTT) General Management • Plan completed in mid 90's. AGFD is considering developing Conservation Agreements to head off a potential listing. Marana could participate in, and be a signatory to, such an • agreement. • • Jim and I agreed that the Tortolita Mountains and upper washes (caliche) could provide good habitat in the planning area. • • • • • • • • • • • • • • • • • • • SAMSPECIES INFORMATION ATTACHMENTSAOC 3 • • = CHZMHILL TELEPHONE CONVERSATION RECORD Call To: Phil Rosen University of Arizona Phone No.: (520) 621 -3187 Date: January 13, 2003 - Call From: Mark H. Cochran Time: 05:05 PM Message Taken By: CH2MHILL Subject: Likelihood of Federal Listing for Herps Identified in the SDCP - Phil was happy to discuss the likelihood of listing and focused his assessment on biological - criteria. The question to him was phrased as within the next 15 years so certainly he does not anticipate the leopard frog or whiptail being listed in the next 5 to 10 years. - Lowland leopard frog Probably not, relatively common and widespread. Tucson shovel -nosed snake Likely to be listed if it is determined to be a valid taxa; populations are declining. Ground snake (valley form) Same as shovel -nosed snake. Likely to be listed if it is determined to be a valid taxa (distinct population), population is declining. Mexican garter snake Likely to be listed, threats exist, riparian habitat loss, populations are - declining. Giant spotted whiptail Not likely to be listed. • Phil expressed concern about the "Santa Cruz flats "; the Valley Floor restoration within - Marana. Concerned for the banded sand snake and other herps in the area. - SADSPECIES INFORMATION ATTACHMENTS.DOC 4 - CH2M H I LL TELEPHONE CONVERSATION RECORD Call To: Linwood Smith Environmental Planning Group Phone No.: 795 -2001 Date: January 13, 2003 - Call From: Mark H. Cochran Time: 11:00 AM Message Taken By: CH2MHILL Subject: Likelihood of Federal Listing of Species Identified in SCDP . Lin provided a rather rapid in/ out response to the question and the species list. Species likely to be listed: Mexican long - tongued bat - Merriam s mouse Lowland leopard frog Tucson shovel -nosed snake - Taxonomic questions. Ground snake (valley form) - Taxonomic questions. . Mexican garter snake Species unlikely to be listed, with comments: • Allen's big -eared bat: On County list as result of mistaken museum specimen identification - - no documentation that it occurs in the County. California leaf -nosed bat: Too common and widespread to be likely. Arizona shrew: Does not occur in County. . Swainson's hawk: Some tried to have it consider, but this effort was completely rejected. - Burrowing owl: Too common to be listed. Bell's vireo Abert's towhee - Rufous - winged sparrow • Giant spotted whiptail Tumamoc globeberry: Definitely not. SACISPECIES INFORMATION ATTACHMENTS.DOC 5 - - • • • • CH2M H I LL TELEPHONE CONVERSATION RECORD • • Call To:Paul Barrett — USFWS • Phone No.: (520) 670 -4859 Date: January 14, 2003 • • Call From: Mark Cochran Time: 11:20 AM • Message Taken By: CH2MHILL i Subject: Likelihood of Federal Listing of Species Identified in SCDP • • Paul was reluctant to provide an opinion on likelihood of listing given the influence of politics on the listing process. I re- phrased the request to focus on those species that • SHOULD be listed, however, Paul was still reluctant to provide an opinion. He identified • the lowland leopard frog, snails, and burrowing owl as good candidates for listing. • • • • • • • • • • • • • • • • • • • • • • • • • • SACXSPECIES INFORMATION ATFACHMENTS.DOC 6. • • • w w w Additional Species Information /Documentation Requested w by the Technical Biology Team w Prepared by Andy Laurenzi (Town of Marana) • w Merriam's Mouse. This summary information is derived from the Priority Vulnerable - Species report January 2002. Relevant sections that suggest this species is absent from the w planning area include the following: w a. Historically this species was found in large mesquite forests along major river and w tributaries. What we typically refer to as mesquite bosque. Most areas where this species w was present have been recently trapped and no animals were collected (pers. Comm. B. Van w Pelt). After more than 20 years of trapping at Organ Pipe a single mouse as collected in 1998. • w b. Due to loss of habitat this species has presumably been extirpated from much if not all of w its former range in Pima County. There are no mesquite bosques in the planning area although there are patches of mesquite that are dense but groundwater conditions suggest w that these are unlikely to develop into "bosque" areas. c. As far is known there is only 1 record of this species from Pima County in the last 30 w years. • w Additional contact: Yar Petrysyn at University of Arizona. Additional documentation: ReCon maps of mesquite bosque along Santa Cruz river. • • w Acuna Cactus Phone conversation between Ken Kingsley and Andy Laurenzi (January w 2003) suggests that the Acuna cactus potential map in the SDCP was never revised based on the species' known distribution. Ken feels strongly that Acuna cactus does not occur in w planning area. Mima Falk is likely to say the same thing. No clear reason why the potential w map was not revised like the Erectrocentra erectrocentra map was to reflect the species w distribution. w Andy Laurenzi spoke with Mima Falk (670 -4550) and she indicated that there is no w compelling information to suggest that Acuna cactus occurs in the planning area w (conversation in January 2003). A number of people have been out looking for cacti and she would think that if it occurred in the Town's planning area that there would be some w records. However, given the species very odd and disjunct occurrence they could not refine the potential habitat maps of the SDCP to any greater extent. Andy asked her if the species - was listed how she would approach Section 7 consultations and she would request a survey. w She did not think we should take it off the list but keep it on the radar screen. She suggested that we consider amending HCP at the time it is listed and in the interim specifically w highlight the need to survey during site analysis or NPPO activities. • • • w SACISPECIES INFORMATION ATTACHMENTS.DOC 7 • • Tucson shovel -nosed snake and -ground snake (valley form). Andy Laurenzi spoke with Peter Holm a knowledgeable biologist currently working on the LAFB and recommended by Trevor Hare as an expert source. Peter was skeptical that the current • taxonomic differentiation is valid due to the lack of any concordant character variation or reproductive isolation. There is a specimen location at Sanders Road /Aura Valley Road. Associated with creosotebush valley bottoms with sandy soils. Ground snake (valley form), mesquite is better indicator for this species as more typically associated with loamy /clay - soils. Good subjects for investigation. Does not think they would occur in agricultural areas. • He suggested talking with Jesse Meik who is doing some taxonomic work on the Chionactis occidentalis He has had trouble coming up with specimens for klauberi but in the other sub- species he has found genetic differentiation but does not feel he has enough samples to make any recommendations on taxonomic status.. - Mountain Plover. Ken Kingsley who is active member of the birdwatching community was able to provide the following information regarding Mountain Plover. - "Here are some more recent sightings of Mountain Plover from the Avra Valley. So, it may - be a species you want to address, though I don't think the majority of the area is reliable "wintering" habitat." • - - -3 in the field on the south side of Mile Wide Road not far west of the oldest north -of -Mile - Wide Rd recharge basin on January 3,1998 (Mark Stevenson). - - -7 on a Christmas Bird Count in the Avra Valley (location inexact) on December 25,1996. r • Haven't heard of any since then, except one "report" up by the Pinal Air Park pecan grove, more or less (observer unknown)." i - SAMPECIES INFORMATION ATTACHMENTS.DOC 8 i • • • • • r • • • • • • • i i • • • ! • • ATTACHMENT. B Final Threat Assessment for Town of Marana • HCP Planning i g Process • • • ! • • • • • TECHNICAL MEMORANDUM C 2 HILL Final Threat Assessment for Town of Marana HCP • Planning Process - PREPARED FOR: Technical Biology Team PREPARED BY: Sandy Taylor /CH2MHill, Andy Laurenzi /Town of Marana Mark Cochran/Transcon DATE: June 12, 2003 Table of Contents Section Page 1.0 Background °° 1 r 2.0 Purpose and Scope of Threat Assessment ................ ............................... ............................... 1 3.0 Methods ............................................................................................................ ............................... 2 3.1 Known Occurrences and/or High Potential Habitat Models ......................................... :...... 2 - 3.2 Proposed Covered Activities ................................................................ ............................... 3.3 Threat Assessment .............................................................................. ............................... 3 - 3.4 Recommendations for Further Consideration of Species in the Conservation Planning Process ............................................................ ............................... 4 4.0 Results and Discussion .................................................................................. ............................... 5 4.1 Federally - listed Species ................... ........... ..............................5 Cactus Ferruginous Pygmy -owl .................................................... ............................... 5 - Southwestern Willow Flycatcher ................................................... ............................... YumaClapper Rail ........................................................................ ............................... 7 - Gila Topminnow ............................................................................ ............................... 8 LesserLong -nosed Bat ................................................................. ............................... 9 r Huachuca Water Umbel ................................................................ ............................... 9 4.2 Unlisted Species ...................................................................... ............................. BurrowingOwl ............................................................................. ............................... 10 MountainPlover .......................................................................... ............................... 11 Western Yellow - billed Cuckoo .................................................... ............................... 11 • Chiricahua Leopard Frog ............................................................. ............................... 12 Lowland Leopard Frog . .12 • Tucson Shovel -nosed Snake ........................................................ ............................. Ground Snake (Valley Form) ........................................................ .............................14 MexicanGarter Snake ................................................................ ............................... 14 Pale Townsend's Big -eared Bat .................................................. ............................... 15 SonoraSucker ............................................................................... ............................. TalusSnails ................................................................................. ............................... 16 5.0 Summary .......................................................................................................... ............................. • 6.0 Citations ........................................................................................................... ............................. • Appendix A: Additional Information on Factors Influencing Riparian and Wetland Habitat Along the Santa Cruz River • • FINALTHREAT ASSESSMENT FOR TOWN OF MARANA HCP PLANNI PROCESS • • • 1.0 Background • The Town of Marana (Town) is pursuing development of a Habitat Conservation Plan • (HCP) to support an application for a permit under the Endangered Species Act (ESA) for • incidental take of selected species that could result from future urban development and • related activities (referred to as proposed covered activities). As a first step in the HCP • development process, the Town in association with the Technical Biology Team (TBT) identified species to consider in the planning effort based on known occurrences of various • special - status species or the potential for these species to occur in the Town limits as • predicted by models of high potential habitat developed as part of Pima County's Sonoran • Desert Conservation Planning (SDCP) process. A second criterion was then applied to this set of species consisting of whether the species currently has federal status as a threatened • or endangered species, or if it is reasonably likely that the species will be federally listed in 5 • to 10 years. (See Covered Species /Special Elements Evaluation for Town of A4arana HCP — Revised • March 14, 2003; Assessment of 9 "uncertain" species based on 5 USFWS listing criteria memo • distributed at March 24, 2003 TBT meeting; and, the three TBT meeting summaries January- _ March 2003). Through this process, the following species were identified for further consideration in the • Town's conservation planning process. • • 1. Cactus ferruginous pygmy -owl • 2. Burrowing owl 3. Mountain plover 4. Southwestern willow flycatcher • 5. Western yellow -billed cuckoo - 6. Yuma clapper rail 7. Chiricahua leopard frog • 8. Tucson shovel -nosed snake - 9. Ground snake (valley form) • 10. Mexican garter snake 11. Lowland leopard frog • 12. Lesser long -nosed bat • 13. Pale Townsend's big -eared bat 14. Gila topminnow 15. Sonora Sucker • 16. Talus snails • 17. Huachuca water umbel • These 17 species are evaluated in this threat assessment. • • 2.0 Purpose and Scope of Threat Assessment • • As part of the HCP planning process, the Town needs to identify species for which it will • request incidental take authorization. While each species identified above is known to occur or has the potential to occur in habitats within the Town limits, the likelihood of impact • (take) as a result of proposed covered activities varies among these species. The objective of • SAC/FINAL THREAT ASSESSMENT 6_12.DOC PAGE 1 • JUNE 12, 2003 • • • • FINAL THREAT ASSESSMENT FOR TOWN OF MARANA HCP PLANNING PROCESS • • this assessment is to provide the Town with an understanding of the species that could be subject to take from proposed covered activities in order to assist the Town in dete the species to address in an HCP. Specifically, this assessment: • • Identifies which species could be impacted by the proposed covered activities. • Describes the general nature of potential impacts (e.g., foraging habitat loss, direct • displacement, disturbance) and likelihood of take of each species as a result of the proposed covered activities. i This assessment does not provide a complete and thorough impact analysis that will be • necessary for the HCP but rather provides a screening level assessment to assist in defining • the scope of the HCP. For those species not identified for further consideration in the HCP • planning process, conservation recommendations may be developed in conjunction with or separate from the HCP process, or the species may be withdrawn from any further • consideration. • • 3.0 Methods • Three sets of information were used to identify species to further consider for HCP coverage • based on the potential for take as a result of proposed covered activities. These were: • • Known Occurrences /Potential Habitat. Known species occurrences and /or models of high potential species habitat developed by Pima County through the SDCP effort. • In the case of Cactus ferruginous pygmy -owl, proposed critical habitat (Units #2 and • #3) and telemetry occurrence data provided by Arizona Game & Fish Department was used in place of the SDCP high potential habitat model. Mountain plover and • Yuma clapper rail were not included in the SDCP effort so potential habitat models • for these species were not available and known occurrence information was not • included in the Geographic Information System (GIS) data available from the SDCP • effort. See discussion below on information used for the threat assessment for these species. • Proposed Covered Activities. Information on the nature and spatial distribution of • activities likely to occur in the Town through the period 2025 based on the Town's • General and Northwest Plans along with conversations with Town officials. • Threat Assessment. A GIS analysis conducted by Town staff that assessed the • degree of overlap between areas of proposed covered activities and high potential • species habitat models and /or known occurrences for each species. 3.1 Known Occurrences and High Potential Habitat Models • The Priority Vulnerable Species Report (RECON, 2002) and associated GIS database included • information on known occurrences for most of the species considered in this threat assessment. Two species (mountain plover and Yuma clapper rail) were not included in the • Priority Vulnerable Species Report and other published and unpublished information was used to describe the occurrence and distribution of these species in the planning area. • Known occurrences were used in dete the potential for take of each species as a • result of the proposed covered activities. However, because of incomplete information about • • SAC/FINAL THREAT ASSESSMENT 6_12.DOC PAGE 2 JUNE 12, 2003 • • • • FINAL THREAT ASSESSMENT FOR TOWN OF MARANA HCP P LANNING PROCESS • • the occurrence and distribution of species in the project area, the occurrence and • distribution of potential habitat also was used as an indicator of the potential occurrence of • each species in the planning area. • High potential habitat for species considered in this threat assessment was derived from • habitat models developed for the SDCP, and contained in the most recent Priority Vulnerable • Species Report (RECON, 2002). The GIS shape files for the species habitat models provided • mapping of the high potential habitats. The SDCP habitat models used key environmental variables (e.g., vegetation, topography, elevation, hydrology) to generate habitat maps for • each species based upon expert opinion on the relative value of these environmental • parameters in determining species habitat value. A description of the methods and • parameters used to generate the habitat maps is provided in the Priority Vulnerable Species Report (RECON, 2002). • • Only areas defined as high potential habitat were used for this threat assessment. High potential habitat was used because it was decided that high potential habitat was a • reasonable tool for the purpose of dete likelihood of occurrence and potential • distribution of each species within the planning area. The TBT agreed that only high • potential habitat (and not low or medium potential habitat areas) be used for this screening- level assessment. • 3.2 Proposed Covered Activities • Proposed covered activities included projected private residential and commercial • development in the Town as well as the Town's and Pima County's proposed Capital • Improvement Projects (CIPs) within the Town limits. Proposed CIPs included roads, parks, and flood control projects. Proposed covered activities included construction of CIPs and • operation and maintenance activities. The timeframe for both sets of activities is through • 2025. The level of development (e.g., housing density, road cross - sections) was not • differentiated for this analysis. The intent was to include all areas where activities could possibly occur to provide a conservative assessment of where threats to species under consideration could occur from future activities. Sources of information included the Draft Marana General Plan (November, 2002), the • Northwest Marana Area Plan (October, 2000), Town planners, and input from the Town • Manager. The Town Manager identified an area of possible commercial development on lands currently administered by the State Land Department in the Interstate 10 corridor and in the vicinity of the airport. The Town's GIS staff developed data layers and maps based on • this information (Figure 1). • • 3.3 Threat Assessment • The threat assessment entailed overlaying the mapped areas of proposed covered activities • with each species' known occurrences /high potential habitat. If there was no overlap between known occurrences /high potential habitat and proposed covered activities, the • threat to the species was considered absent or minimal for this screening level analysis. If • there was overlap, it was assumed there was a potential threat to the species or its habitat • from the activity. Most of the species' assessments focused on the proposed residential and • • • SAClFINAL THREAT ASSESSMENT 6 12.DOC PAGE 3 JUNE 12, 2003 • • FINAL THREAT ASSESSMENT FOR TOWN OF MARANA HCP PLANNING P R O CESS • commercial development because of the more extensive area expected to be affected by these activities. The Technical Biology Team recommended that two species that were not included in the Priority Vulnerable Species Report, mountain plover (proposed threatened) and Yuma clapper rail (listed endangered) be considered in the Town's HCP planning process. Potential - habitat models from the Priority Vulnerable Species Report were not available for these • species. The distribution of high potential habitat for mountain plover was assumed to be the current cultivated areas in the Town as determined from 2002 satellite imagery. The few known occurrences of this species are from agricultural fields in the Town. High potential • habitat for Yuma clapper rail was assumed to be similar to high potential habitat for aquatic - and wetland- associated species (e.g., Gila topminnow, Mexican garter snake) based upon _ this species' habitat associations in other areas (see www.NatureServe.org) For each species, the pathways through which take could occur were generally identified and described to further understand the potential threat to the species from proposed covered activities. A take occurs when the activity results in mortality or injury to an individual. Mortality or injury can result directly from activities such as shooting or hitting - with equipment. Mortality or injury also can result from disturbance, reduction in prey base, and habitat modification as a result of development activities. The level of potential take and the impact of take were not evaluated for this screening level assessment. The threat assessment considered proximate effects to individuals of each species as a result of the covered activities. In focusing on proximate effects, it was recognized that the proposed covered activities could indirectly affect various ecological processes important to - creating and /or sustaining habitat conditions in areas outside of the footprint of proposed - covered activities and that some of the species assessed could be affected by changes in ecological processes. The potential for proposed covered activities to adversely affect species indirectly through effects to ecological processes was not considered in this assessment • because 1) the purpose of this threat assessment was as a screening level assessment to - identify species for further consideration in the HCP planning process, and 2) consideration of changes in ecological processes was not expected to materially change the conclusions of the threat assessment based on an analysis of proximate effects. 3.4 Recommendations for Further Consideration of Species in the - Conservation Planning Process - Based upon this screening-level threat assessment, each species was categorized for further consideration in the Town's conservation planning effort as follows: - 0 Consider for purposes of developing a HCP - A species that is reasonably likely to be subject to take from proposed covered activities; - • Consider in conservation recommendations - Species not likely to be subject to take from proposed covered activities but which could benefit from other conservation actions implemented by the Town (e.g., riparian habitat restoration); and • Do not consider further - Species not likely to be subject to take from proposed covered activities and not likely to benefit from conservation actions in the Town. SAC /FINAL THREAT ASSESSMENT 6_12.DOC PAGE 4 JUNE 12,2003 • • FINAL THREAT ASSESSMENT FOR TOWN OF MARANA HCP PLA PROCESS • • 4.0 Results and Discussion • • The species evaluated in this threat assessment consist of species that are federally listed as • threatened or endangered as well as unlisted species determined by the TBT as likely to be • listed in the next 5 to 10 years. The threat assessments for the species evaluated are grouped according to listing status. • • 4.1 Federally- Listed Species • Six species listed as threatened or endangered are evaluated in this threat assessment. These - species are • 1. Cactus ferruginous pygmy -owl • 2. Southwestern willow flycatcher • 3. Yuma clapper rail 4. Gila topminnow • 5. Lesser long -nosed bat • 6. Huachuca water umbel. • Cactus Ferruginous Pygmy -Owl • Cactus ferruginous pygmy -owl in Arizona is listed as endangered by the United States Fish and Wildlife Service (USFWS). The Arizona population of this species is considered a • Distinct Population Segment (DPS) and it is this DPS that is listed under the ESA. The pygmy -owl currently inhabits well- developed Sonoran desertscrub habitat. High potential habitat (defined here as proposed critical habitat and telemetry occurrence data available • from the AGFD) occurs throughout the northeastern portion of the Town of Marana and to • a lesser extent in southwestern sections of the Town (Figure 2). Critical habitat under the • ESA has been proposed (Units #2 and #3) in both of these areas based on draft Recovery Units #2 and #3, which also occur in this area. Critical Habitat Unit #3 contains a high • density of pygmy -owl nesting territories and dispersal pathways relative to other units. • Since 1999, this unit has accounted for 35 percent of known pygmy -owls in Arizona and 40 • percent of known nests (Abbate et al 1999,2000; AGFD unpubl. data). In 2002, the number of known pygmy -owls in Arizona dropped precipitously. In Critical Habitat Unit #3 only • six individuals were located in 2002 (Mike Ingraldi, pers. comm.). More extensive survey • efforts have been undertaken in 2003 in this Unit but survey results are not available at this • time. • Private residential and commercial development and associated capital improvement • projects (primarily transportation improvements) are proposed in areas of high potential • habitat for pygmy -owl up through 2025 (Figure 2). Urban development has the potential to directly and indirectly result in take of pygmy owls. During construction activities, owls can • be taken if saguaros containing nests are removed. Construction activities also can result in • take through disturbance of nesting pairs near construction activity. Construction can • displace birds and result in increased mortality to these birds. Conversion of suitable habitat to urban uses also could result in take of pygmy -owls over the longer term through a variety • of mechanisms, including reduced foraging and nesting opportunities, increased predation and increased disturbance associated with urban development. Fragmentation of habitat, • degradation of down - gradient habitat, and disruption of dispersal corridors also could • • SAC/FINAL THREAT ASSESSMENT 6_12.DOC PAGE 5 JUNE 12, 2003 • • FINAL THREAT ASSESSMENT FOR TOWN OF MARANA HCP PLANNING P R OC ESS • result from improvements in the transportation network as roads themselves could disrupt hydrologic flow regimes. Also, wider road widths could increase mortality rates of birds trying to cross these roads. Given the extent of proposed urban development in areas of high potential habitat for cactus ferruginous pygmy -owl and the known occurrence of owls in the planning area, this - species is recommended for further consideration in the HCP planning process. Southwestern Willow Flycatcher The southwestern willow flycatcher is federally listed as endangered. As a neotropical migratory bird, this species is only present in Arizona during April through August or • September. The species is not known to currently occur in the Town of Marana. The southwestern flycatcher inhabits dense riparian tree and shrub communities Most of these habitats constitute forested wetlands or shrub -scrub wetlands (USFWS 2002). Within - the Town boundaries, high potential habitat for southwestern willow flycatcher is limited to the Santa Cruz River corridor (Figure 3). Some patches of habitat that appear suitable as breeding habitat are beginning to develop in sections of the Santa Cruz River (e.g. at the Ina Road Bridge grade control structure). However, a survey of this area in 2002 conducted by • Westland Resources in response to a proposed bridge widening at Ina Road did not detect any birds and the USFWS did not recommend additional surveys in this area Qim Tress, Westland Resources, pers. comm). The riparian and wetland habitat of the Santa Cruz River is sustained by effluent discharges from the Rogers and Ina Road Wastewater Treatment Plants. The effluent flow is usually confined to a low flow channel in the riverbottom. Riparian habitat consisting of dense - patches of cattails, small Goodding willow trees, salt cedar, and other native and non -native species is often found in a narrow strip 100 feet wide immediately adjoining the low flow channel on both sides (Stromberg 2001; United States Army Corps of Engineers 2002). This narrow zone is constrained by pervious soils in the area adjoining the channel bottom, - which precludes the effluent from percolating laterally much distance. Regional groundwater depths below the river are in excess of 80 feet throughout the planning area (see Lacher 1996 for a more complete discussion). While the effluent discharges provide a consistent source of water in portions of the Santa Cruz River to sustain riparian and wetland habitat, the distribution, amount and structural characteristics of riparian and wetland habitat along the Santa Cruz River is strongly - influenced by the interaction of flooding frequency and intensity, variation in infiltration • rates, and the amount of regional groundwater pumping. As a result of these factors, the availability of suitable habitat for southwestern willow flycatcher along the Santa Cruz River is highly variable in space and time. Appendix A provides additional information on • the interaction of these factors in shaping riparian and wetland habitat conditions along the • Santa Cruz River. • Urban development would not occur in that portion of the flood plain of the Santa Cruz - River that supports wetland /riparian habitat. As a result, urban development would not directly remove potential habitat that could directly or indirectly cause take. Potentially, urban development could contribute, however, to an increase in the magnitude of flood - events. - SAGfFfNAL THREAT ASSESSMENT 6_12.DOC PAGE 6 JUNE 12,2003 i FINAL THREAT ASSESSMENT FOR TOWN OF MARANA HC PLANNING PROCESS i i Six new road crossings or upgrades to existing crossings are planned across the Santa Cruz i Rivera Construction of these crossings could remove high potential habitat for southwestern i willow flycatchers and, if habitat is occupied by flycatchers, could result in take. . Construction and long -term operation and maintenance activities associated with the new i road crossings (e.g., periodic inspection and repair, right -of -way maintenance) could result in take through disturbance. However, the potential for take from construction and maintenance activities appears low because these activities would be limited in space and i time, occurring in a small area in the immediate vicinity of the bridge over a short period of - time during construction or periodic maintenance activities. i The other activities that could affect high potential habitat for the southwestern willow • flycatcher are future flood control projects currently under consideration by the Town and Pima County. Flood control projects on the Santa Cruz River will require construction and maintenance activities in and immediately adjacent to the river corridor. Such activities have the potential to directly and indirectly take willow flycatchers in a manner similar to that - described for the road crossings. Because the Town's role and responsibilities in implementing, operating and maintaining flood control features have not been determined, i the potential for take attributable to actions taken by the Town is currently indeterminate. This assessment recognizes that flood control activities along the Santa Cruz River, in i general, have the potential to take a willow flycatcher. To the extent that the Town - implements and maintains flood control features, incidental take of willow flycatchers could result from its activities. However, the potential for take to occur from flood control projects in the future remains speculative because of the unlikely presence of willow flycatchers in i habitats in the Town. i Even though take of willow flycatchers is currently unlikely, the potential for willow flycatchers to colonize the area in the future and for proposed covered activities to result in take remains. Therefore, this species is recommended for further consideration in the HCP planning process. i Yuma Clapper Rail i The Yuma clapper rail is federally listed as threatened. This species inhabits freshwater and i alkali marshes dominated by stands of emergent vegetation interspersed with areas of open water and drier, upland benches (Biosystems Analysis 1989). In the project area, dependable i perennial water occurs in the Santa Cruz River between the Rogers Road Wastewater i Treatment Plant and Cortaro Farms Road (Pima Association of Governments 2000). Portions i of the river north of Cortaro Farms Road are categorized as intermittent, which reduces the suitability of this area for Yuma clapper rail. However, as described in Appendix A, riparian and wetland habitat along the Santa Cruz River is highly variable and suitable habitat could i occur along much of the river at some time and persist for varying periods of time. Yuma i clapper rail has not been reported in the Town of Marana, but occurs in central Arizona at Picacho Reservoir in adjoining Pinal,County, and therefore has the potential to occur in i suitable habitat in the Town in the future. i Urban development would not occur in the flood plain of the Santa Cruz River where i potentially suitable habitat for Yuma clapper rail could occur. Therefore, urban i development would not directly remove habitat that could directly or indirectly cause take. • • SAC/FINAL THREAT ASSESSMENT 6_12.DOC PAGE 7 JUNE 12, 2003 • • FINAL THREAT ASSESSMENT FOR TOWN OF MARANA HCP PLANNING PROCESS Potentially, urban development could contribute to an increase in the magnitude of flood events. Six new road crossings or bridge expansions are planned across the Santa Cruz River. Only one of these, the Ina Road bridge expansion occurs in the section of the river with consistently available water (upstream of Cortaro Farms Road). Work on this new crossing w is expected to be completed in the next two years. The remaining crossings are not located in - the river section with consistent perennial water. Potentially, habitat for Yuma clapper rail periodically could develop in the vicinity of the proposed crossing in response to varying hydrologic conditions. Given the dynamic nature of habitat conditions for Yuma clapper • rail, it is unlikely that this species would be present in the vicinity of proposed road - crossings at the time of construction. Operation and maintenance activities associated with the bridges have a minor potential to affect this species if it occurs in the Town in the future. • As described for the southwestern willow flycatcher, the Town is promoting flood control projects along the Santa Cruz River through the Town. Construction and operation and maintenance activities for these projects present a potential for take of Yuma clapper rail if - specific project features or maintenance activities are conducted in or adjacent to emergent . marsh. Flood control activities that the Town would undertake have not been specified and flood control activities are considered generally and collectively for this assessment as potentially impacting species associated with aquatic, wetland, and riparian habitats. Even though take of Yuma clapper rail is currently unlikely, the potential for clapper rails to colonize the area in the future and for proposed covered activities to result in take remains. Therefore, this species is recommended for further consideration in the HCP planning process. Gila Topminnow The Gila topminnow is federally listed as endangered. This species prefers to inhabit intermittent streams connected to permanent waters that are not inhabited by non -native • predatory fish or amphibians. Historically, it occupied headwater springs and vegetated margins and backwaters of permanent and intermittent streams. • Perennial flow occurs in the planning area in sections of the Santa Cruz River as a result of upstream effluent discharges associated with the Rogers and Ina Road wastewater treatment facilities. The portion of the Santa Cruz River that consistently supports perennial flow occurs from Cortaro Farms Road upstream to the wastewater discharge points (Figure 4). However, depending on hydrologic conditions the effluent discharge often extends farther downstream. The Gila topminnow does not currently inhabit the Santa Cruz River in the Town. Because it inhabits upstream sections of the Santa Cruz River near Tubac, the potential exists for this species to become established in the Town in the future. Within the Town, six new road crossings or bridge expansions are planned across the Santa Cruz River. Only one of these, Ina Road bridge expansion, occurs in the section of the river • with consistently available water, but work is expected to be completed in the next two years. Gila topminnow habitat is not likely to occur in the vicinity of the other proposed crossings or expansion areas, except on a temporary basis. As such, it is unlikely that Gila topminnow would occur in the vicinity of proposed road crossings. Operation and maintenance activities associated with the bridges in areas with consistently available - SAC/FINAL THREAT ASSESSMENT 6_12AOC PAGE 8 JUNE 12, 2003 - - FINAL THREAT ASSESSMENT FOR TOWN OF MARANA HCP PLA NNING PROCESS A - aquatic habitat have a minor potential to affect this species if it occurs in the Town in the future. i Flood control projects for the Santa Cruz River under investigation by the Corps could entail construction and maintenance activities in and immediately adjacent to the river. These activities present the potential for take of Gila topminnow directly during construction and - maintenance activities to the extent that these activities occur in wetted portions of the river. • As previously described, the flood control activities are considered generally and collectively for this assessment as potentially impacting species associated with aquatic, wetland, and riparian habitat. The potential for take of this species is considered low because it does not currently occur in the Town. Even though take of Gila topminnow is currently unlikely, the potential for this species to colonize the area in the future and for proposed covered activities to result in take remains. Therefore, Gila topminnow is recommended for further consideration in the HCP • planning process. Lesser Long -nosed Bat The lesser long -nosed bat is federally listed as endangered. This species is associated with • semi - desert grassland and Sonoran desertscrub habitat. It feeds on nectar and pollen from flowers of saguaro and organ pipe cactus and fruits from cactus at the end of the flowering season. The lesser long -nosed bat is a migratory species that moves into Arizona in April from wintering areas in Mexico. Maternity roosts consist of caves, abandoned mines, and • rock crevices. No known roost sites occur in the Town and the nearest know roost site is 40 • miles distant. Sonoran desertscrub habitat within the Town limits, however, provides high potential foraging habitat for lesser long -nosed bat (Figure 5). - Urban development in the northeastern portion of the Town of Marana would result in the loss of high potential foraging habitat for lesser long -nosed bat (Figure 5). This habitat loss has the potential to result in take of lesser long -nosed bat through reduced foraging opportunities. Suitable roost sites are not believed to occur in areas of projected urban development and therefore, take of bats from disturbance or destruction of roosts is not anticipated as a direct result of urban development. However, roosts could be found in the future in areas proposed for urban development. Given the extent of development in areas - of high potential foraging habitat for lesser long -nosed bat and the potential for roosts to be • discovered in areas proposed for urban development, this species is recommended for further consideration in the HCP planning process. Huachuca Water Umbel - The Huachuca water umbel is federally listed as endangered. This species is a semi-aquatic • perennial plant. It prefers perennial water and is typically found in low- gradient streams draining small and medium-sized drainages. Historically, this species was found along the Santa Cruz River. It is not currently known from the Tucson portion of the Santa Cruz River basin but is found in higher headwater locations such as Sonoita Creek and the Santa Cruz - River in the San Rafael Valley. High potential habitat in the Town is limited to areas of permanent water in the Santa Cruz River (Figure 6). - SACIFINAL THREAT ASSESSMENT 6_12.DOC PAGE 9 JUNE 12, 2003 - • • FINAL THREAT ASSESSMENT FOR TOWN OF MARANA HCP PLANNING PROC • • Urban development would not impact this species because urban development would not • occur in the flood plain of the Santa Cruz River. Construction of six future road crossings or • bridge expansions across the Santa Cruz River also is not likely to impact this plant because • the planned road crossings occur in areas with a highly variable availability of water. If • operation and maintenance activities associated with road crossings in areas of consistently available water entail dredging or clearing of aquatic vegetation, this plant potentially could • be taken. Depending on the location of future flood control features, this plant could be • impacted by construction of flood control feature or long -term operation and maintenance • activities. • Although construction, operation, and maintenance of flood control projects, and to lesser • degree operation and maintenance of road crossings, present some potential for take of water umbel, take is considered unlikely because the species currently does not occur in the • project area. Even though take of water umbel is currently unlikely, the potential for this • species to become established in the area in the future and for proposed covered activities to • result in take remains. Therefore, the Huachuca water umbel is recommended for further • consideration in the HCP planning process. • 4.2 Unlisted Species • The remaining eleven species considered in this threat assessment are not currently listed as • threatened or endangered under the ESA but were determined by the TBT as likely to be • listed in 5 to 10 years. • Burrowing Owl • Burrowing owls have no status under the federal Endangered Species Act. They are • generally associated with open habitats such as grasslands, pastures, desert scrub and • margins of agricultural fields. Within the Town's boundaries, high potential habitat for burrowing owls occurs predominantly in the agricultural area in the northwest portion of • the Town, in the open sandy desert areas east of Interstate 10 and the Central Arizona • Project (CAP) canal and in areas of the Santa Cruz River floodplain (Figure 7). Surveys to • determine the abundance and distribution of burrowing owls in the Town have not been conducted, but the species is known to inhabit agricultural areas within the Town • boundaries (Brown 2001). The species is a year -round resident, breeding species in the ® planning area. • High- density residential and commercial development is projected to occur in the • agricultural areas of the Town of Marana as well as the area east of Interstate 10 and the CAP canal. As shown in Figure 7, this projected development would occur in areas of high • potential habitat for burrowing owls. Urban development has the potential to directly and indirectly result in take of burrowing owls. During construction activities, owls can be taken • if burrows are filled or collapsed while occupied by adults, nestlings, or eggs. Construction • activities also can result in take through disturbance of nesting pairs. Birds displaced • because of urban development could experience higher mortality. Construction required to implement flood control and road improvement projects could result in take of burrowing • owls through similar means. Over the longer term, conversion of suitable habitat to urban • uses could result in take of burrowing owls through a variety of mechanisms, including • • SACIFINAL THREAT ASSESSMENT 6_12.DOC PAGE 10 JUNE 12, 2003 • • - FINAL THREAT ASSESSMENT FOR TOWN OF MARANA HCP PLANN PROCESS • reduced foraging and nesting opportunities, increased predation, and increased disturbance associated with urban development. - Given the extent of proposed urban development in areas of high potential habitat for burrowing owl and the known occurrence of burrowing owls in the planning area, this species is recommended for further consideration in the HCP planning process. Mountain Plover - Mountain plovers are proposed for federal listing as threatened. They are associated with sparsely vegetated open habitats. They are known to use plowed agricultural fields, cultivated fields with low plant height, and grazed pastures Knopf 1996, Hayman et al 1986, • Kaufman 1996). Mountain plovers occur in small numbers as winter migrants in agricultural - areas of the Town of Marana (B. Howe, pers. comm.). The mountain plover was not included as a Priority Vulnerable Species in the SDCP and therefore a map of high potential habitat /known occurrence is not currently available for this species. For this assessment, the location and amount of high potential habitat for mountain plover is assumed to be similar - to cultivated land in the Town as determined from 2002 satellite imagery. High - density residential and commercial development is projected to occur in the • agricultural areas. This development is unlikely to directly result in take of mountain plovers. During winter, mountain plovers are very mobile, moving among agricultural fields and natural habitats as these areas become favorable for foraging. Because of this mobility, construction activities would not directly injure mountain plovers. The primary - mechanism through which urban development could result in take of mountain plover - would be through conversion of agricultural fields to unsuitable habitat and the subsequent impact to mountain plovers from reduced foraging or roosting opportunities. Given the extent of development in areas of high potential habitat for mountain plover and the known - occurrence of mountain plover in the planning area, this species is recommended for further - consideration in the HCP planning process. Western Yellow - billed Cuckoo Western yellow -billed cuckoo is a candidate for federal listing. This species is associated with mature cottonwood -willow riparian habitat and mesquite bosques. High potential - habitat is limited to the Santa Cruz River corridor (Figure 8). As a neotropical migratory bird, this species is only present in Arizona during the spring and summer months. Yellow- billed cuckoos recently were reported along the Santa Cruz River in late summer (Sage - Landscape Architecture & Environmental Inc. 2003). Breeding has not been verified. For the purpose of this screening -level threat assessment, the occurrence and distribution of - high potential habitat for the western yellow -billed cuckoo in the planning area is assumed - to be similar to the southwestern willow flycatcher. As a result, yellow -billed cuckoos could be taken during road construction and maintenance activities and during implementation and operation of flood control projects in the same manner as described for the southwestern willow flycatcher. The primary difference in the potential for take between - these two species is that yellow -billed cuckoos are currently known to use habitats along the - t Agricultural fields in the northwestern portion of the Town of Marana are shown as potential habitat because yellow - billed - cuckoos have been reported to use pecan groves in some locales. However, no pecan orchards are supported in the Town of Marana and the agricyltural fields in the Town do not provide suitable habitat for yellow - billed cuckoos. - SAC /FINAL THREAT ASSESSMENT 6_12.DOC PAGE 11 JUNE 12, 2003 - FINAL THREAT ASSESSMENT FOR TOWN OF MARANA HCP PLANNING PROCESS - Santa Cruz River. Given their documented presence and the potential for road construction and flood control activities to result in take of cuckoos, this species is recommended for further consideration in the HCP planning process. • Chiricahua Leopard Frog - The Chiricahua leopard frog is proposed for federal listing as threatened. This species inhabits a variety of aquatic and riparian habitats. In general this species is found at higher elevations in aquatic environments within the pine -oak, oak woodland and semi - desert grassland communities. The species is not known to occur in the Town. High potential habitat for this species in the Town is limited to a small area in the northeastern portion of the Town (Figure 9) coincident with the Tortolita Mountains. • The only portion of the species' high potential habitat within the proposed future development area within the Town has already been platted, and low - density lot sub- division and home development is underway. Remaining undeveloped parcels are anticipated to be developed within a couple years. No additional development in high - potential habitat is anticipated beyond that currently platted because the areas outside of - the lot subdivision have been identified on the plat as open space and common area managed by a Homeowner's Association. - Because areas of high potential habitat in the Town have been developed or will be developed in the near future, this species would not benefit from conservation recommendations, and incidental take authorization is not necessary or advantageous. • Therefore, this species is not recommended for further consideration in'the HCP planning - process. Lowland Leopard Frog The lowland leopard frog has no status under the federal Endangered Species Act. This • species inhabits permanent waters associated with small streams and rivers, springs, marshes, and shallow ponds. High potential habitat for this species in the Town of Marana is primarily restricted to reaches of the Santa Cruz River with perennial water associated with effluent discharges at Rogers and Ina Road Wastewater Treatment facilities. The area of the river that consistently supports perennial flow occurs from Cortaro Farms Road - upstream to the wastewater discharge points (Figure 10). Depending on hydrological conditions, water can extend farther downstream. The species is not known to occur within the Town limits. Urban development would not occur in the flood plain of the Santa Cruz River that supports aquatic, wetland, and riparian habitat and therefore would not directly remove high potential habitat that could directly or indirectly cause take of lowland leopard frog. Potentially, urban development could contribute, however, to an increase in the magnitude of flood events. • Six new road crossings or upgrades to existing crossings are proposed in the Town. Only one of these, Ina Road bridge expansion, occurs in the section of the river with consistently available water. Work on this expansion is expected to be completed in the next two years.. The remaining crossings are not located in the river section with consistent perennial water. Potentially, habitat for lowland leopard frogs periodically could develop in the vicinity of - SAC/FINAL THREAT ASSESSMENT 6_12.DOC PAGE 12 JUNE 12, 2003 • FINAL THREAT ASSESSMENT FOR TOWN OF MARANA HCP PLANNING PROCESS • - the proposed crossings in response to varying hydrologic conditions. Given the dynamic nature of habitat conditions for lowland leopard frogs, it is unlikely that this species would be present in the vicinity of proposed road crossings at the time of construction. During - maintenance activities associated with bridges, frogs could be directly killed or injured by - equipment. . As described for the southwestern willow flycatcher, the Town is promoting flood control - projects along the Santa Cruz River that could entail construction and maintenance activities in, and immediately adjacent to, the river. These activities present a potential for take of lowland leopard frogs directly during construction and maintenance activities as well as through reductions or degradation of habitat. As previously described, the flood control activities are considered generally and collectively for this assessment to potentially impact species associated with aquatic, wetland, and riparian habitat. • Although construction and maintenance activities for future flood control projects conceivably could result in take, the potential for take is considered low because of the unlikely presence of lowland leopard frogs in the Town. Even though take of lowland leopard frogs is currently unlikely, the potential for leopard frogs to become established in - the area in the future and for proposed covered activities to result in take remains. Therefore, the lowland leopard frogs is recommended for further consideration in the HCP planning process . Tucson Shovel -nosed Snake • The Tucson shovel -nosed snake has no status under the federal Endangered Species Act. It occurs in valley desert habitats, mixed riparian, creosotebush, and associated xero -riparian habitats in areas of sandy and loose soils. High potential habitat for the Tucson shovel- nosed snake occurs in the western and northwestern portion of the Town of Marana (Figure • 11). While the agricultural areas in northwest Marana are shown as high potential habitat, this species is not likely to use an area once it has been plowed (RECON 2002); therefore, agricultural areas are not considered high potential habitat in this assessment. As a result, only a portion of the area shown as high potential habitat is likely to be used by the snake. It • is uncertain whether this species still occurs in the Town. The last record of this species in • the Town is a specimen collected at Sanders Road and Avra Valley Road in 1982 (Rosen 2003); however, focused searches for the snake have not been conducted in the Town in recent years. High- density residential and commercial development is projected to occur in the northwest portion of the Town of Marana over the next 25 years. As shown in Figure 11, this projected development would occur in areas of high potential habitat for the Tucson shovel -nosed - snake.. Urban development has the potential to directly and indirectly result in take of this snake. Construction activities can cause mortality or injury to snakes. Snakes that are displaced by construction activities could experience higher mortality while searching for suitable, unoccupied habitat. Construction associated with road improvement projects could • result in take of shovel -nosed snakes through similar means. In addition, roads can increase - mortality of snake from vehicle strikes. Over the longer term, conversion of suitable habitat to urban uses could result in take of snakes through a variety of mechanisms, including reduced foraging opportunities, reduced or degraded denning opportunities, and increased - predation associated with urban development. • SAC/FINAL THREAT ASSESSMENT 6_12.DOC PAGE 13 JUNE 12, 2003 - FINAL THREAT ASSESSMENT FOR TOWN OF MARANA HCP PLANNING PROCESS • Because it is not known whether this species still inhabits areas in the Town, the likelihood of take occurring as a result of proposed covered activities is uncertain. However, given the extent of development in areas of high potential habitat for the Tucson shovel -nosed snake, this species is recommended for further consideration in the HCP planning process. Ground Snake (Valley form) The ground snake (valley form) has no status under the federal Endangered Species Act. This species occupies a wide variety of plains, valley, and foothill habitats in association - with clay and silt soils. This species is active during April through October and hibernates in • underground dens during the winter. High potential habitat for the ground snake occurs in the northwest portion of the Town in and adjacent to the predominantly agricultural areas (Figure 12). This snake is known to inhabit areas of the Town north of Avra Valley Road but its distribution and abundance in the Town has not been determined (Rosen 2003). Rosen . does state in a personal correspondence that its occurrence in Marana is very likely and • specimens have been collected nearby up through the mid- 1990s. High - density residential and commercial development is projected to occur in the northwest portion of the Town of Marana over the next 25 years. As shown in Figure 12, this projected development would occur in areas of high potential habitat for the ground snake. Urban development has the potential to directly and indirectly result in take of this snake. If construction occurs during the winter, construction activities can result in take of snakes • that are likely to be. in underground dens during that time of year. During the summer when snakes are active, they can be vulnerable to direct mortality and injury from construction equipment. Snakes that are displaced by urban development could experience higher mortality while searching for suitable, unoccupied habitat. Construction associated - with road improvement projects could result in take of ground snakes through similar means. In addition, roads can increase mortality of snake from vehicle strikes. Over the longer term, conversion of suitable habitat to urban uses could result in take of snakes through a variety of mechanisms, including reduced foraging opportunities, reduced or i degraded denning opportunities, and increased predation associated with urban . development. - Given the extent of development in areas of high potential habitat for ground snakes and the known occurrence of ground snakes (valley form) in the planning area, this species is recommended for further consideration in the HCP planning process. Mexican Garter Snake - The Mexican garter snake has no status under the federal Endangered Species Act. This species is an aquatic snake, inhabiting permanent waters with adjacent riparian habitat and where bullfrogs are absent. Historically, this species was common in the Santa Cruz River, but currently is not known to inhabit the portion of the river in the Town (RECON 2002). - High potential habitat for this species in the Town of Marana is primarily restricted to reaches of the Santa Cruz River with perennial water associated with effluent discharges at Rogers and Ina Road Wastewater Treatment facilities. As previously discussed, the area of the river that consistently supports perennial flow occurs from Cortaro Farms Road • upstream to the wastewater discharge points (Figure 13). However, depending on hydrologic conditions the effluent discharge often extends farther downstream. • SAC /FINAL THREAT ASSESSMENT 6_12.DOC PAGE 14 JUNE 12, 2003 - • FINAL THREAT ASSESSMENT FOR TOWN OF MARANA HCP PLANNING PROCESS - - Urban development would not occur in the flood plain of the Santa Cruz River and therefore would not remove high potential habitat that could directly or indirectly cause take of Mexican garter snake. Six new road crossings or upgrades to existing crossings are proposed in the Town. Only one of these, the Ina Road bridge expansion, occurs in the • section of the river with consistently available water. This expansion is expected to be completed in the next two years. The remaining crossings are not located in the river section with consistent perennial water, but depending on hydrologic conditions aquatic habitat could be present and potentially provide habitat for Mexican garter snakes. Given the - dynamic nature of the extent of aquatic habitat in the Santa Cruz River, it is unlikely that this species would occur in the vicinity of the other proposed crossings or expansion areas at the time of construction. During maintenance activities at crossings have a minor potential to affect this species if it occurs in the portions of the Santa Cruz River in the Town in the - future. As described for the southwestern willow flycatcher, the Town is promoting flood control - projects along the Santa Cruz River that could entail construction and maintenance activities in and immediately adjacent to the river. These activities present a potential for take of Mexican garter snake directly during construction and maintenance activities as well as indirectly through a reduction or degradation of habitat. As previously described, the flood • control activities are considered generally and collectively for this assessment as potentially • impacting species associated with aquatic, wetland, and riparian habitat. i Although construction and maintenance of flood control projects have the potential to result . in take, the potential for take is considered unlikely because Mexican garter snakes are unlikely to currently inhabit the Santa Cruz River in the Town. Even though take is currently unlikely, the potential for Mexican garter snakes to colonize the area in the future and for proposed covered activities to result in take remains. Therefore, this species is - recommended for further consideration in the HCP planning process. Pale Townsend's Big -eared Bat The pale Towsend's big -eared bat has no status under the federal Endangered Species Act. This species occurs through a wide range of elevation and vegetation communities. It is - insectivorous, predominantly preying on moths, and forages in a "wide range of habitats including desert scrub, riparian habitat or over open water. Big -eared bats hibernate and caves or mines are required as hibemacula. Maternity roosts also are in caves and mines. No • known roost sites occur in the Town. Potential effects to big -eared bat from the proposed covered activities relate to changes in - foraging opportunities. Urban development in the northeastern portion of the Town of Marana would result in the loss of high potential foraging habitat for this species (Figure 14). This habitat loss has the potential to result in take of big -eared bat through reduced foraging opportunities. Road improvements and flood control also could remove potential foraging habitat consisting of desert scrub as well as riparian habitat and potentially result • in take through a changes in the availability and /or quality of foraging opportunities. Suitable roost sites are not believed to occur in areas of projected urban development and therefore, take of bats from disturbance or destruction of roosts is not anticipated as a direct - result of urban development. However, roosts could be found in the future in areas i - SAC/FINAL THREAT ASSESSMENT B 12.DOC PAGE 15 JUNE 12, 2003 • FINAL THREAT ASSESSMENT FOR TOWN OF MARANA HCP PLANNING PROCESS • proposed for urban development. Given the extent of development in areas of high potential foraging habitat for the pale Townsend's big -eared bat and the potential for roosts to be discovered in areas proposed for urban development, this species is recommended for . further consideration in the HCP planning process. Sonora Sucker The Sonora sucker has no status under the federal Endangered Species Act. This species inhabits lentic and pool aquatic habitats. High potential habitat in the Town of Marana is . limited to areas of permanent water in the Santa Cruz River (Figure 15). Although the - Sonora sucker historically inhabited the Santa Cruz River, its occurrence is limited today to _ headwater streams in the basin at Cienega Creek. This species has the same vulnerabilities to activities under consideration for coverage in the HCP as the Gila topminnow. Take of this species from urban development, construction and maintenance of road crossings, and flood control projects is currently unlikely considering this species' unlikely presence in the Town. Even though take of Sonora sucker is currently - unlikely, the potential for this species to occur in the colonize the area in the future and for • proposed covered activities to result in take remains. Therefore, the Sonora sucker is recommended for further consideration in the HCP planning process. Talus Snails - Talus snails consist of 15 taxa considered in the SDCP. One of the 15 taxa is a candidate for listing under the federal Endangered Species Act; the remaining 14 taxa do not have status under the federal Endangered Species. The distribution of each of these taxa throughout Pima County and those with potential to occur in the Town of Marana has not been • determined. These snails inhabit isolated, undisturbed, typically limestone rock areas. All - talus areas in the planning are considered high potential habitat (Figure 16). Three known locations of talus snails and one talus area that could support talus snails • occur in areas of proposed future development in the Town of Marana. Given that these snails have limited mobility, urban development of occupied talus areas would likely result in take of snails. Because of the likelihood of take if development occurs in talus areas, talus • snails are recommended for inclusion in the HCP planning process. - SAC /FINAL THREAT ASSESSMENT 6_12.DOC PAGE 16 JUNE 12, 2003 - FINAL THREAT ASSESSMENT FOR TOWN OF MARANA HCP PLANNING PROCESS - 5.0 Summary The recommendations for species to consider in the HCP planning process and conservation recommendations are summarized in Table 1. - TABLE 1 Conservation Planning Recommendations Based on Threat Assessment Species Habitat Conservation Conservation Do Not Consider - Plan Recommendations Further` • Cactus ferruginous pygmy -owl X • Burrowing owl X • Mountain plover X • Southwestern willow flycatcher X -_ Western yellow - billed cuckoo X Yuma clapper rail X Chiricahua leopard frog X Tucson shovel -nosed snake X - Ground snake (valley form) X i Mexican garter snake X • Lowland leopard frog X - Lesser long -nosed bat X • Pale western big -eared bat X - Gila topminnow X Sonora sucker X • Talus snails X - Huachuca water umbel X - a Species recommended to be further considered and evaluated for coverage in an HCP to support an • application for a Section 10(a)(1)(b) permit under the Endangered Species Act - b Species not recommended to be covered in an HCP but recommended to be considered and addressed in conservation recommendations for the Town Species not recommended for coverage in an HCP or addressed in conservation recommendations for the - Town - SACIFINAL THREAT ASSESSMENT 6_12.DOC PAGE 17 JUNE 12, 2003 r • FINAL THREAT ASSESSMENT FOR TOWN OF MARANA HCP PLANNING PROCESS 6.0 Citations Abbate et al. 2000. Cactus ferruginous pygmy -owl investigations in Pima and Pinal - Counties, Arizona: 1999. Arizona Game and Fish Dept. Reg. 5 Wildl. Prog., Phoenix. Abbate et al. 1999. Cactus ferruginous pygmy -owl investigations in Pima and Pinal - Counties, Arizona: 1997 -1998. Arizona Game and Fish Dept. Reg. 5 Wildl. Prog., Phoenix. Biosystems Analysis, Inc. 1989. Endangered Species Alert Program Manual: Species Accounts and Procedures. Southern California Edison Environmental Affairs Division. Brown, Nikolle. 2001. The Howdy Owls of Arizona: A review of the Status of Athene cunicularia. J. Raptor Res. 35(4): 344 -350. Hayman, P., J. Marchant and T. Prater. 1986. Shorebirds: An identification guide. Boston, MA. Houghton Mifflin Company. 412 pp. Howe, B. United Fish and Wildlife Service. Email communication to Bill Radke, United States Fish and Wildlife Service, March 13, 2003. Knopf, F.L. 1996. Mountain plover (Charadrius montanus). In: The Birds of North America no. 211, Poole, A. and F. Gill, editors. Philadelphia, PA. The Academy of Natural Sciences. Kaufman, K. 1996. Lives of North American Birds. Houghton Mifflin Company. Boston, MA. Lacher, L.J. 1996. Recharge characteristics of an effluent dominated stream near Tucson, - Arizona. Ph.D. Dissertation University of Arizona. Tucson, Arizona. Pima Association of Governments. 2000. Perennial streams, Intermittent streams and Shallow Groundwater Areas.121pp. RECON. 2002. Priority Vulnerable Species: Analysis and Review of Species Proposed for . Coverage by the Multiple Species Conservation Plan. January 2002. Rosen, P.C. 2003. Rare and Declining Snakes in the Area of Marana, Pima County, Arizona: - Tucson Shovel -nosed Snake, and Ground Snake (Valley Form). Unpublished manuscript. Sage Landscape Architecture & Environmental Inc. 2003. Yellow -billed Cuckoo (Coccyzus w americanus) Survey Results from Portions of the Santa Cruz River and Tanque Verde Creek, • Pima County, Arizona. Pima County Contract No. 1604-S-130066-1001. 11pp. Stromberg, J. 2001. Response of Santa Cruz River Riparian Vegetation to changes in effluent flow: Conceptual Model. Unpubl. Report submitted to Bureau of Reclamation. 21 pp. • United States Fish and Wildlife Service. 2002. Southwestern Willow Flycatcher Recovery - Plan. Albuquerque, New Mexico. i -ix+ 210 pp., Appendices A -O - United States Army Corps of Engineers. 2002. Tres Rios del Norte Draft F3 Without-Project- Conditions. Los Angeles District, Corps of Engineers Planning Division, Water Resources Branch. . SAC/FINAL THREAT ASSESSMENT 6_12.DOC PAGE 18 JUNE 12, 2003 - • • • • i n • b U � i s � Lima Q • s a i • • ff� • a aboy�� 1 • elf { /j' _ A C • a 3 . i 2 -- i i r �I •� 5? ti� S Qo • CL a ; Haag e x o ze • N O� U j�� lu CjzCLS v LL _ ASE • a a A ; tH � f YJ o b v • • • • • • s • i � • • � y n �� OP eS' o StEFL£ • N • � � ;s ee _ r v W `- - 4 • 4 • b4 y • ; ¢god O _ A v � ��� r i r � o Na NEW 7N Wo �W�QN ��PCC • O W ��vvJJ O C g O c c E q ~ g$ U OOLSw s 44 6 � d • • • • • • � of i � 3 w • � o : efi U � • 3- w � a 0� e. • _ _ • Y • ¢ W � 3 C � tis�� C PT A?L Li • WoQ • W � O � � � V c = E � = '� � i • • ! ! ! ! � . ! • ORO VALLEY SHAN ON �'✓�� SHAH RO O W ! TOWN LIMITS ! la P ! ! ! o � � w r • 0 ! • • r • ~ off a S- n aZO ' In if c m a z fl fl • • ! ! __ rn F x j _ � __ 3Mdtt oilROa A a V c �, a •9 7 6 • x 3 IF a y 9 F•� rF � aY • k , F • ti i' � LY �_ € s 4 i - a • • • N \� Q - raYI LIMI *6 O �s U � F• P A I IH • • • • 4 'a w ` • r ��M„s '� �o • d O Da °tyY o Li • � � wK • i � J i z • • • _ *�� TvA�E ftOAO r • J 1 3 2 4 `d � � Nq`o • r 5 � � H ` � ,� � a — a e ae � c 8 r 3 a" A .A.sso� • • • "I 'ALLEY • • • U.— • A a g R • • 14 • • H o � i o — Vi . I.. `cz. oP .�` • b0 g3 is s� s i r Q w • wow q L � a � g � � 2y� • • • • • o vauev s • i � Otis 1 � • / A a • raa • ­N LIM179 • a " dL • IS $ A : / y L 0 • 1p 6 m A � 3 s� • �ow� 'y E s n _ a .2 I • • • • • ` _N • oRO r t. • s , — • y 0 1 ~ • s I �. - ,J FIL �i • • n c ti v ¢ 2 II • a W — • WOW In • wfo � W � � � � E � LL � �a i • • • • • • • , • T-1 �i�ai s QM reaeQ O �`s • L U E o m Ouse Al � 1 • Qyy �._ P'� � gs y ra�E Q.Q • ��� • -- • xw��tl� h 2 � � � ° L eo N o S L Lo4C a�ZO 4 m p • '� � � � G d _ � € A A oFa o yy yy • a�,�` ^Z. o m S S N y LL i o Eel a • • • • • • • IF i a�' dF ¢ 3�° � Y� � I • $ .n °aao �t � a e , \ j S • } i G P a �`"• - a•= lam; � '��� f v _ to � 1 y, r rl PAT \ t I .gam• � � � -� � •f 'm�ar� „ � - ,rte I BOWLS N N a a E � LL �eE E v • • i • j • I A CHOI I A P1 vQ - ���llij fE> • y ° a ORO VALLEY SH_AN_ ON ROAD J - _ SHAN N ROAD W • TOWN LIMITS ' - iryjr ® r Q O • r4 0 1 B • Q • -- s A co i c yi to • � y /mod 0 • O PDQAQ Li G • • • • • i • • • ��O � ? E m a v� 1 H N ti h W >Q u A Y a :es WOW W e l z Ln • ''a • • • • • • - -raH � e� AD • y� r�, • BI N � 3 o a T!:� ti Lu Z Q • cL cn J niA • • • • • • • • Appendix A • • Additional Information on Factors Influencing Riparian and • Wetland Habitat along the Santa Cruz River • Prepared by: Julia Fonseco, Pima County • • The character of the habitat along the Santa Cruz River is dependent upon the interaction of • the size, frequency, and recency of flood flows, with infiltration rates and groundwater • pumping. Flood events can remove vegetation. Channelization and floodplain • encroachment have increased the erosiveness of flows in some portions of the Santa Cruz • River. The 1993 flood removed 46 percent of the willow scrub habitat, similar to the percentage of similar -sized trees removed along Hassayampa Creek during 1993 floods. • Galyean (1996) found that 90 percent of the effluent discharged to the Santa Cruz River infiltrates. However, extensive groundwater pumping in the Tucson basin upstream of Avra • Valley Road precludes the water table from rising to levels which would support riparian • and wetland habitat. Downstream of Avra Valley Road, it was never close enough to • support riparian vegetation. Aquatic and riparian vegetation today appear to depend on near - surface water resources, including surface water, and water in saturated and • unsaturated soils adjacent to the channel. There are also distinct perched aquifers at • locations farther from the channel. • The extent of flow in the river is dependent on the volume of water discharged from the ® plants and the infiltration rate of the channel. A clogging layer which develops in near- surface soils reduces infiltration rates and extends the length of potential flow. When flooding is intensive enough to scour the bed of the channel, the clogging layer is reduced, infiltration rates increase, and the flow length decrease. This reduces the availability of • water to the reaches of the river farthest from the wastewater treatment facilities. There is • evidence that decreased effluent flows following scouring events can affect the river as far • upstream as Cortaro Farms Road. • Flow events can also shift the channel laterally. Where this causes dramatic decreases in • soil- moisture contents, the wetland and riparian vegetation associated with the former channel location may die. • Despite the variation in channel location and water availability, and the recency of the 1993 • flood, Baker's (2000) vegetation survey indicated that riparian vegetation structure is fairly • well- developed, a factor enhanced by abundant nutrients in the effluent and the long • growing season at this elevation. Increased structural development positively correlates • with increased avian diversity. • • • • SAC/FINAL THREAT ASSESSMENT 6_12AOC PAGE 19 - JUNE 12, 2003 • • • • i • i • • • • • • • • • • • • i • • • • i ATTACHMENT C Needs Analysis and Advantages /Disadvantages r of Pursuin g and HCP • • • • i • • • • • • • • • • • • • Needs Analysis and • Advantages /Disadvantages of Pursuin g an HCP • • Presented to • Stakeholder Working Group • • May 22, 2003 • • • • • • Overview of Presentation • • • • Threat Assessment • - summarize results of threat assessment • Needs Analysis • - for each species provide understanding of • need to obtain incidental take authorization • • Advantages /Disadvantages Identification - provide understanding of the advantages and • disadvantages associated with covering or not • covering species in an HCP • • • • • • • • • • • • • • • • • • • THREAT ASSESSMENT • • • • i • • • • • i • i Species Assessment Process • • i Conservation Target • Initial List Identification 17 species • 45 species Likely listed & p Potential Habitat • • Threat Assessment IF • • • • 16 Species Evaluate in Needs Potentially Analysis i subject to take • • i • • • • • • • • • • • Summary of Threat Assessment • • Screening level assessment to identify • species potentially subject to take from proposed covered activities • Proposed covered activities • — urban development (i.e., residential /commercial) — road improvements including river crossings — flood control projects • 17 species were evaluated in Threat • Assessment • • • • • 16 Species Potentially Subject to Take • From Proposed Covered Activities • • • Pygmy -owl • Mexican garter snake • Burrowing owl • Lowland leopard frog • Mountain plover • Lesser long -nosed bat • Willow flycatcher • Big -eared bat • Yellow - billed cuckoo • Gila topminnow Yuma clapper rail • Sonora sucker • Tucson shovel -nosed • Talus snails • snake • Huachuca water umbel • Ground snake • • • • • • • • • • • • • • • • • • NEEDS ANALYSIS i • • OVERVIEW OF APPROACH • • • • • • • • • • • Focus of Needs Analysis i • • FOR EACH SPECIES, i THE NEEDS ANALYSIS EVALUATES: • • What is the likelihood that incidental take • authorization under Section 10(a)(1)(b) • will be necessary to implement the • proposed covered activities? • • • • • • • • • • • • • • • • • Factors Considered in Assessing Need • 0 Potential for take • — Threat assessment results • — Determinations from Section 7 Consultations • • Ability to avoid take in implementing proposed covered activities • • • • • • • • • Categorization of "Need" • • "Nigh" • - Take likely from Town's covered activities • - Take avoidance not likely to be feasible or practicable • «Low" • - Take not likely from Town's covered activities • - Take avoidance likely to be feasible and • practicable • • • • • • • • • • • • • • • • • • NEEDS ANALYSIS • • • REVIEW OF SPECIES ASSESSMENTS • • • • • • • • SOUTHWESTERN WILLOW • FLYCATCHER • ACTIVITIES OF CONCERN • • Flood control, River crossings • NEEDS ANALYSIS • Take unlikely • - Potential for take contingent on future colonization • - Activities of concern are localized and of short- duration • - Town's activities are limited • Take avoidance may be possible • • NEED CATEGORIZATION: LOW • • • • • • • • • • • • • • WESTERN YELLOW- BILLED • CUCKOO • • ACTIVITIES OF CONCERN • Flood control, River crossings • NEEDS ANALYSIS • • Low likelihood of take • - Low numbers, no evidence of breeding - Activities of concern are localized and of short duration • - Town's activities are limited • • Take avoidance may be possible • • NEED CATEGORIZATION: LOW • • • • • • WETLAND /AQUATIC SPECIES • (Yuma clapper rail, Lowland leopard frog, Mexican garter snake . Gila topminnow, Sonora sucker, Huachuca water umbel) • • ACTIVITIES OF CONCERN Flood control, River crossings • NEEDS ANALYSIS • • Take unlikely • - Potential for take contingent on future colonization • - Activities of concern are localized and of short- duration • - Town's activities are limited • Take avoidance may be possible NEED CATEGORIZATION: LOW • • • • • • • • • • • • • • • MOUNTAIN PLOVER • • ACTIVITIES OF CONCERN • Urban development (1 -10 corridor, agricultural areas) • NEEDS ANALYSIS • Take uncertain, but probably low likelihood - Low numbers of wintering birds, no breeding in Town • • If loss of farm fields considered take, difficult to • avoid take • NEED CATEGORIZATION: LOW • • • • • • LESSER LONG -NOSED BAT • ACTIVITIES OF CONCERN • Urban development (Northeast Marana) NEEDS ANALYSIS Low likelihood of take • - No known nearby roosts or maternity sites • - If roosts or maternity sites occur nearby in the future, take • possible from reductions in foraging habitat • - All Section 7 consultations in the Planning Area have concluded "May Affect, Not Likely to Adversely Affect' Take avoidance may be possible • • NEED CATEGORIZATION: LOW • • • • • • • • • • • • • TOWNSEND'S BIG -EARED BAT • • • ACTIVITIES OF CONCERN • Urban development (Northeast Marana) • • Flood control, River crossings • NEEDS ANALYSIS • Low likelihood of take ! - No known nearby roosts or maternity sites • - Take unlikely from loss of vegetation from urban • development, road improvement or flood control projects • because species is insectivorous ! NEED CATEGORIZATION: LOW • • • ! • TALUS SNAILS • • ACTIVITIES OF CONCERN • Urban development (Northeast Marana) • • NEEDS ANALYSIS • • Low likelihood of take • - Species are restricted to talus areas • • Take avoidance is possible • • • NEED CATEGORIZATION: LOW • • • • • • • • • • • • • • CACTUS FERRUGINOUS PYGMY -OWL • ACTIVITIES OF CONCERN • - Urban development (Northeast Marana, 1 -10 Corridor) • - Flood control, Road improvements • • NEEDS ANALYSIS • Take likely • - Proposed Critical Habitat, Draft Recovery Units, known • territories in Town - Section 7 consultations have concluded "May affect, likely • to adversely affect" • Take avoidance possible in some situations • • NEED CATEGORIZATION: HIGH • • • • • BURROWING OWL • • ACTIVITIES OF CONCERN • - Urban development (1 -10 corridor, agricultural areas) • - Road improvements, Flood control • • NEEDS ANALYSIS • Take likely • - Resident, breeding species in Town • - Difficult to avoid take • • NEED CATEGORIZATION: HIGH • • • • • • • • • • • • • • TUCSON SHOVEL -NOSED SNAKE • • ACTIVITIES OF CONCERN • - Urban development (1 -10 Corridor, agricultural areas) • - Road improvements • • NEEDS ANALYSIS • - Take likely if species is present • - Historic occurrences, no recent surveys • - Difficult to avoid take if species is present • • • NEED CATEGORIZATION: HIGH, if present • • • • GROUND SNAKE (VALLEY FORM) • • ACTIVITIES OF CONCERN • - Urban development (1 -10 Corridor) • - Road improvements • • NEEDS ANALYSIS • - Take likely • • Take avoidance may be possible • - Limited information on distribution and habitat • requirements • • NEED CATEGORIZATION: HIGH • • • • • • • • • • • • • • • Species Classified as "Low" • • • Mountain plover • Lesser long -nosed bat • Willow flycatcher • Big -eared bat • Yellow - billed cuckoo • Gila topminnow • • Yuma clapper rail • Sonora sucker • • Mexican garter snake • Talus snails • • Lowland leopard frog • Huachuca water umbel • • • • • • • • • Species classified as "High • • • • Pygmy -owl • • Burrowing owl • • Tucson shovel -nosed snake (High, if present) • • Ground snake • • • • • • • • • • • • • • • • • • • • • • • ADVANTAGES & DISADVANTAGES • • Considerations for determining • species to include in an HCP • • • • • • • • Advantages /Disadvantages • Identification Considers: • • What are the advantages and • disadvantages of covering a species • in an HCP? • • What are the advantages and • disadvantages of not covering a species in an HCP? • • • • • • • • • • • • • • Considerations • • Likelihood of listing • — species addressed considered likely to be listed in • 5 to 10 years • Cost of HCP development and implementation • Cost of future ESA compliance and mitigation • • Potential for federal nexus • Piece -meal planning vs. comprehensive • planning r Community goals and values • • • • Advantages and Disadvantages • of Covering a Species in an HCP • • ADVANTAGES DISADVANTAGES • • Long -term ESA • HCP /NEPA • compliance development costs • • Mitigation certainty • Long -term mitigation • and monitoring costs • Streamlined • regulatory compliance • Long -term contractual • Comprehensive, obligation • coordinated • conservation strategy • • Public involvement • • • • • • • • • • • • • • Advantages and Disadvantages of • • Not Covering a Species in an HCP • • ADVANTAGES DISADVANTAGES • No HCP /NEPA Future need for ESA • development costs compliance • No long -term HCP - project- specific - future HCP • implementation costs • (pay as you go) • Uncertain mitigation • No long -term obligation • contractual obligations • No comprehensive, • coordinated strategy • • • • • • • • • • • • • • • • • • • • • • • • • • • • w • • • • • • s • • • • • • • • • • • • • ATTACHMENT D Other Supporting Information for Conservation • Target Identifidation • g • • • • • • • • • • • • • • Assessment of 9 "uncertain" species based on 5 USFWS listing criteria • Listing Criteria • 1. The present or threatened destruction, modification or curtailment of the species' habitat • or range; • 2. Overutilization for commercial, recreational, scientific or education purposes • I Disease or predation • 4. The inadequacy of existing regulatory mechanisms, or • 5. Other natural or manmade factors affecting the species' survival • • Species/Listing Criteria 1 2 3 4 5 Recommendation • Burrowing Owl Y U Y N Y Likely Tucson shovel -nosed snake Y U U Y Y Likely • • Ground snake (Valley form) Y/U U U Y Y Likely Western red bat Y U U N Y Unlikely California leaf -nosed bat Y U U N Y Unlikely Pale Townsend's big -eared N U U N N Unlikely bat Desert tortoise N N Y N Y Unlikely • Sonora Sucker Y U Y Y Y Likely Lowland leopard frog Y U Y N Y Likely • • Y = Yes; the balance of the available information indicates that this criteria may constitute a - sufficient threat to the species that it would tend to support a listing proposal N = No; the balance of the available information indicates that this criteria may not constitute a sufficient threat to the species that it would tend to support a listing proposal • • U = Unknown; the balance of the available information indicates there is insufficient information to assess this criteria or information is lacking • • • • • • • • • • Information sources - Burrowing Owl: - RECON, 2002 (1, 3, 4, and 5); Nicole Brown, 2001 (1, 2, 3, 4, 5) - Tucson shovel -nosed snake: • RECON, 2002 (1, 4, and 5); Phil Rosen, pers. comet. (1, 5) - Ground snake (Valley form): - RECON, 2002 (1, 4, and 5); Phil Rosen, pers. comm.; (1) Western red bat: . RECON, 2002 (1, 4, and 5); - California leaf -nosed bat: - RECON, 2002 (1, 4, and 5); • Pale Townsend's big -eared bat: RECON, 2002 (1, 4, and 5); . Desert tortoise: Cecil Schwalbe, pers. comm. (1, 3,5); Roy Averill- Murray pers. comm. (1, 3,4,5); Jim Rorabaugh pers. comm. (1,3); AIDTT, 2000 (1, 2, 3, 4, 5) Sonora Sucker: RECON, 2002 (1, 3, 4, and 5) Lowland leopard frog: RECON, 2002 (1, 3, 4, and 5); AGFD, 2001 (1) • Meeting Summary: Ronnie Sidner with Mark Cochran and Andy Laurenzi. May 5, 2003. Marana Development Services Center. Acknowledging Ronnie's expertise in bat biology here in the Southwest, we decided to . take the opportunity to visit on all seven species of bats identified in the Priority Vulnerable Species report. The following is an account of our conversation regarding these species: . 1. Allen's big -eared bat. Yes specimen was mis- identified. There are still no . occurrences in Pima County despite a fair amount of bat work in Catalinas and Rincons. 2. Pale Townsend's big -eared bat. High on the Western Bat Working groups list of species that merit listing as threatened or endangered. Ronnie believes that this species is - likely to be listed. This species roosts'in caves, mines and crevices and may hang in the open under bridges for thermal cover and predator avoidance. Species an insectivore with general foraging habits so no strong tie to foraging habitat when compared with nectar feeding bats with more restricted foraging requirements. Predominant threat . occurs at roost sites where increased disturbance from people or their pets can cause - abandonment of the roost site. As human population increases at the base of the Tortolita Mountains, more people are likely to visit the mountains and increase likelihood of disturbance. Difficult nexus for issue of take in the legal sense of the word. . 3. Mexican long - tongued, Californ ia leaf- nosed, Western Yellow, and Western Red bat are not likely to be listed in the next 5 -10 years. Western red bat is not likely to occur in the planning area as it is found in desert riparian habitats when these habitats occur as extensions of higher elevation habitats. She used the example of Sabino Creek. She felt • that is unlikely that Western red bat would roost along Santa Cruz River due to the isolated nature of the system from higher elevation habitats. California leaf- nosed, western red bat and western yellow bat would not use bridge crossings as roost sites. 4. In general she agreed with the statement that the most important conservation • issue affecting the non - nectar feeding species in Arizona was protection of roost/maternity sites. Native vegetation cover and water were two important elements -in maintaining insect prey base. w Page 1 of 1 • • • Taylor, Sandra/SAC • From: Leslie Liberti [Iliberti @marana.com] • Sent: Monday, June 02, 2003 9:23 AM To: Taylor, Sandra/SAC • Cc: mcochran @transconusa.com • Subject: Western red bat • • I just spoke with Tim Snow at Game and Fish about the potential for red bat occurrence within Marana. He says that there are no known records of the bat, but this likely has more to do with a lack of effort to find them than the • bat not being here. The bats are typically found at higher elevations, but Tim feels that there is a potential to have • the bat anywhere that there is broadleaf riparian vegetation (cottonwood), especially as a stop -over for migrating bats. He has gotten bats at San Pedro, just outside of Tucson and at just a slightly higher elevation than Marana. • Tim's opinion is that the bats are coming through this area when migrating and if stopping, they are doing so • along the Santa Cruz River between the wastewater plant at Roger Road and the Trico bridge in Marana. • -- Leslie • • • • • • • • • • • • • • • • • • • • • • w • • • 6/12/2003 • • • • • • • • i • • • • • • • • • • • w • • • ATTACHMENT E • Considerations in Defining the Planning Area i • • • • • • • r MEMORANDUM CH2MHILL Considerations in Defining the Planning Area TO: Technical Biology Team for Town of Marana HCP FROM: Andy Laurenzi /Town of Marana - Sandy Taylor /CH2M HILL Mark Cochran/CH2M HILL DATE: February 21, 2003 Area to be Covered by the Habitat Conservation Plan For receipt of an incidental take permit, the area within which take will be authorized needs to be specified. The Town of Marana anticipates seeking incidental take authorization for urban development and related activities within the Town limits. Incidental take authorization also may be needed to allow management of conservation areas established • under the HCP to address impacts of urban development. Areas where conservation actions - will be implemented are not currently defined but will be developed through the HCP process. - Proposed HCP Area: • • Current boundary of the Town of Marana • Reserve /mitigation areas outside of the town limits to be established under the HCP. Assessment Area for Cactus Ferruginous Pygmy Owl One of the issuance criteria for a Section 10 incidental take permit is that the HCP must - minimize and mitigate the impact of the authorized take to the maximum extent practicable. Understanding the impact of proposed incidental take necessitates consideration of the context within which the take is occurring relative to the species' distribution and population status. Also, issuance of an incidental take permit must not jeopardize the • survival or recovery of the species. This requirement further necessitates an evaluation of the effect of authorized take on the species' population. - For the Town of Marana's conservation planning effort, we propose identifying an - Assessment Area for the cactus ferruginous pygmy owl (CFPO) based on Recovery Areas identified in the Draft Recovery Plan. Recovery Areas are those areas necessary to support recovery of the species and therefore provide an appropriate context for evaluating effects of covered activities (e.g. urban development) and conservation activities on survival and recovery of the species. Defining an assessment area is not a legal requirement for an HCP but serves to establish the context within which impacts and mitigation will be considered. Proposed Assessment Area • • Include all of Recovery Area 3 (RA 3) inside and outside of the Town boundary. - • For RA 2, include the area within the Town limits as well as the Silverbell Special Management Area (SMA) outside of the Town limits. i • TUSIPLANNING AREA BOUNDARY_MEMO.DOC 1 - CONSIDERATIONS IN DEFINING THE PLANNING AREA • Do not include the remainder of the RA 2 outside of the Town boundary Rationale: Recovery Area 2: The primary purpose of RA 2 is to allow for movement of CFPOs - between RA 1 and RA 3. There is only a single confirmed detection of a pygmy -owl of unknown status in RA 2. The Silverbell SMA (north and west of Marana) provides an area of possible mitigation opportunities relative to establishing corridors across I -10. This area could be important if the corridor across I -10 within the Town limits is considered not viable. The focus of conservation and /or mitigation efforts should be consistent with the recovery guidelines for the portions of RA 2 included in the Assessment Area. Other than the Silverbell SMA, the rest of RA 2 outside of the Town limits would not be part of the Assessment Area because this area is primarily federal land (e.g., Ironwood Forest National Monument and Saguaro National Park — West) that would necessarily be managed in a manner consistent with the needs of CFPO. Recovery Area 3: This Recovery Area has accounted for 35 percent of the known CFPOs in Arizona and 40 percent of the known nests. It is appropriate to include all of RA 3 as part of the Assessment Area given that the portion within the Town limits is an important part of - this Area. Measures developed for the Marana HCP should be consistent with and consider recovery guidelines for RA 3 set forth in the Draft Recovery Plan, particularly for those activities within the "Northwest Tucson SMA" and "Tortolita Fan SMA" . Assessment Area for Other Species • Clearly, appropriate Assessment Areas would vary among covered species. Thus, Assessment Areas for other species for which the Town will seek incidental take coverage i will be similarly developed upon finalization of the list of species to include in the HCP. For some species (e.g., Yuma clapper rail) defined Recovery Areas or Designated Critical • Habitat are available to guide definition of an Assessment Area. For other species, the • Assessment Area will be less well defined potentially consisting of the entire range or a portion of the species (e.g., winter range for mountain plover). - TUS/PLANNING AREA BOUNDARY_MEMO.DOC 2 - • • • • • • • • • • • • • • • • • • • • • • • • • • • • ATTACHMENT F Meeting Summaries • • • • A • • • • i • • • • • • • • Technical Biology Team Charter • Purposes Statement: To bring the best available science to bear on the development of • conservation recommendations that will assist the Stakeholder Working Group (SWG) with • attaining the goals they have established for the Town of Marana Habitat Conservation Planning project (Exhibit A). Specifically, these recommendations will provide the SWG, Town of Marana and other jurisdictions, at their discretion, with the technical information to assist with the • development of a Habitat Conservation Plan, and other appropriate land use policies. • Objectives: • 1. Define conservation targets (species and natural communities). Species which will be • considered in the planning effort are: • - Federally endangered, threatened, proposed, or candidate species occurring in the • planning area or having a likelihood of occurring within the planning area as a result of habitat restoration activities. • - Species whose population numbers are generally declining throughout their range • such that there is a reasonable likelihood that these species could be federally • listed within the next 5 -10 years and for whom conservation in the planning area will make a significant contribution to their long -term conservation. 2. Define the final planning area boundary. • 3. Provide technical review and general guidance to Town of Marana and their consultant during the course of the planning process outlined in Exhibit B. • 4. Develop specific conservation recommendations, including a conservation reserve design and adaptive management guidelines for use by the SWG who is chartered with • developing implementation (policy and funding) recommendations to the Town and other jurisdictions, as appropriate. • Operating Principles and Responsibilties: 1. TBT members are identified in Exhibit C. • 2. Meetings will be open to the general public. Formal public comment will be accepted at the end of each meeting. • 3. Agendas and previous meeting summaries will be developed in advance of meetings and distributed to SWG and interested parties. It is essential that decision points be • memorialized and any differences among team members identified. 4. The TBT is self - policing. TBT participants are expected to be objective, constructive, solution- oriented, fair and respectful. The TBT is authorized to ask a participant to • remove themselves from the team if at anytime these expectations are not met. 5. The TBT can invite other experts to assist them in their work provided that they have • clear areas of expertise relevant to the team's work. - 6. TBT will fill any vacancies that may occur throughout the planning period. • 7. The TBT will be assisted by a designated facilitator provided by the Town of Marana. - 8. A planning consultant and Town Project Manager shall develop all technical work • products, 9. Designate at least one representative to make two, in- progress, presentations to the • SWG prior to submittal of conservation recommendations and to attend two public • open houses during the technical phase of the planning process. • 10. TBT members are specifically appointed and alternates are not available except by prior approval of the TBT. • • November 12, 2002 • Exhibit A. Stakeholder Working Group Charter • Purposes Statement The Stakeholder Working Group (SWG) members share a common interest in balancing the biological integrity of natural ecosystems with economic development interests - through regional conservation planning. Efforts to coordinate conservation actions • among local, State and Federal agencies, organizations and private landowners are well established in Pima County. The Marana regional conservation planning effort seeks to continue coordination among interested parties and to establish a framework for collaborative conservation planning within the attached initial planning area (Exhibit A). • Goals The SWG, with input from a Technical Biology Team (TBT) and the public, will make recommendations to the appropriate governmental jurisdiction regarding a conservation - reserve design and associated implementation measures to accomplish the following goals: a) Facilitate compliance with Federal Endangered Species Act Section 10 (a) permit . requirements for the Town of Marana and other jurisdictions in the planning area, as requested; b) Recommend potential lands that merit inclusion within a scientifically -based conservation reserve designed to provide long -term protection for multiple • species and key natural communities (conservation targets) along with appropriate i mechanisms to conserve these lands over the long -term; c) Provide for regional economic objectives including the orderly and efficient development of certain lands, recognizing property rights and legal and physical land use constraints; d) Contribute to regional conservation planning efforts in eastern Pima County by achieving consistency in conserving biological resources across jurisdictional boundaries. i November 12, 2002 • • • • • Initial Planning Area Boundary • , (_ Pnal Courfy • a • ti SO m Oro Vane; • `yam � • • • • • • • i • • • • • • • • • November 12, 2002 • • • Exhibit B. i- - Technical Team Conservation Planning Process Conservation Targets . 18 Potential Species Initiate Conservation Key Natural Communities Planning Area Special Elements Review SDCP Information . Other technical information g Existing land use • plans /entitlements Existing land use status - Relevant HCPs/biological Opinions • Conservation Target and - Planning Area revisions SWG . Review • Public Open House New Technical info/Data Site Assessments collection Data Gaps ID and • Develop Strategies to Address • Conservation Goals • • • Threats Assessment Land Use COnfltetS /Constraints SWG • Review - Public Open - House . Consery ation Recommendations Marana HCP Other Jurisdiction Additional • Conservation HCPCons ation Conservation Reconanendations Recommendgiona Recotmcndations s • • SWG November 12, 2002 • • • Implementation o • Recommendations • • • • • • • Town of Other • Jurisdictions • • • HCP application • Economic Analysis NFPA documentation • Adaptive • Mgmnt/Monitoring • Implementation Agreement w/ • USFWS • • • • • • • • • • • • • • November 12, 2002 • • • • • • • Exhibit C. • TBT Member Affiliation Contact information • • Mr. Dennis Abbate Arizona Game & Fish djabbate @earthlink.net - Department 555 N. Greasewood Road 3881 Tucson, AZ 85745 • 520- 241 -2111 (cell) • • Ms. Julia Fonseca Pima County Flood Control jfonseca @dot.co.pima.az.us District Pima County Flood Control District • 201 N. Stone Ave., 4th floor • Tucson, AZ 85701 • 520- 740 -6350 520- 7406749 (FAX) w w Ms. Diana Arizona Open Land Trust dbfreshwater @earthlink.net . Freshwater 1915 East Camino Miraval • Tucson, Arizona 85718 520.577.8564 (phone) • 520.577.8574 (fax) • • Dr. John Hall The Arizona Nature john hall @tnc.org Conservancy 1510 E. Ft. Lowell Tucson, AZ 85719 • 520.547.3437 520.620.1799 (fax) • Mr. Trevor Hare Sky Island Alliance trevor @skyislandalliance.or • PO Box 41165, Tucson • Arizona 85717 -1165 • 520.624.7080 ext.205 520.791.7709 (fax) • • Mr. Rich Glinski Land Options, Inc. rich@landoptions.com • PO Box 2575 • Wickenburg, AZ 85358 928- 684 -3984 • Mr. Andy Laurenzi Town of Marana aaurenzi @marana.com • 3696 W. Orange Grove Road Tucson, AZ 85741 520.297.2920 • 520.297.3930 • • • November 12, 2002 • • Exhibit C. (cont.) TBT Member Affiliation Contact information i • Dr. William Mannan University of Arizona Tucson, Arizona 520.621.7255 520.621.8801 mannan@ag.arizona.edu Mr. Scott US Fish & Wildlife Service Richardson@fws.gov Richardson 520.670.4643 Mr. Jim Tress Westland Resources jtress @WestlandResources.com - 2343 E. Broadway Suite 202 Tucson, AZ 85719 520.206.9585 520.206.9518 November 12, 2002 MEETING SUMMARY CH2MHILL Technical Biology Team for Town of Marana's Habitat • Conservation Plan ATTENDEES: Dennis Abbate - AGFD Rich Ghnski - Consultant - Julia Fonseca - Pima County Andy Laurenzi - Town of . Flood Control District Marana Diana Freshwater - Arizona William Mannan - University of Open Land Trust Arizona Trevel Hare - Sky Island Alliance Jim Tress - Westland Resources i - COPIES: John Hall TNC - FROM: Andy Laurenzi /CH2MHILL DATE: December 19, 2002 In. general the meeting followed the agenda provided prior to the meeting. Welcome - Introductions - Project Background Andy welcomed team members and team members introduced themselves. Andy provided background on the Town's decision to pursue an HCP and Section 10a Take Permit. Julia - asked about the possibility of the Town taking a Natural Communities approach to • conservation. Andy responded that the topic is part of the future subject material of the group. Julia asked about plans for future annexations by the Town. Andy responded that the Town's recent General Plan would provide the information source for this question. Theere was a discussion of the potential planning area boundary and the rationale for - including Pinal County land and other areas outside of the Town limits. Again this is the subject material of future team meetings. - Technical Biology Team Charter Andy walked the group through the "Technical Biology Team Charter" looking for • comments, concerns and revisions. Discussion included: • Meeting summaries would only capture the important decisions reached at the meeting • and how they were reached. Focus on documentation of decision process. • All members were encouraged to attend as many meetings as possible. Members were - personally appointed and alternates are not appropriate although an exception will be - made for USFWS. • • The current team members would recommend whether to replace members if vacancies - occur. • At least one team member will be selected to assist in technical presentations to the - SWG. • 121902SUMMARY.DOC 1 - - • TECHNICAL BIOLOGY TEAM FOR TOWN OF MARANA'S HABITAT CONSERVATION PLAN • Planning Process Review Mark and Andy explained the current understanding of the planning process via an outline . of the project scope currently under negotiation with CH2Mhill, the pl annin g consultant for - the Town of Marana. It was explained that Phase 1 would focus on a needs analysis and risk assessment as basis for moving forward with an HCP. This is a departure from the flow r diagram in Exhibit B of the Technical Biology Team Charter handout. The Town could decide not to go forward with an HCP after Phase 1 or pursue a different conservation • planning effort without the Section 10 take authorization. It was explained how the TBT would function in terms of reviewing information presented by the Town and consultant, and how the TBT's input would be facilitated by reviewing work products. In general there was agreement that the TBT would continue to function through Task 5 of Phase 2 so as to have input in the development of the Monitoring and Adaptive Management Plan. The TBT would review implementation recommendations of the SWG - but would not have a role in the development of HCP document and associated EIS. Pygmy Owl Surveys r Andy and Dennis lead a discussion of surveys. The AGED CFPO survey location database i is under development and is expected to be completed (up to date) by August 2003. - Currently, they are entering 1999 data. A Habitat Model is also under development by the AGFD based upon telemetry information and field observations. - The Town does not have enough funds to conduct all surveys in all the areas identified by AGFD as having a high priority for surveys. Much of the discussion was focused on where to conduct surveys relative to four figures identifying priority surveys provided by AGFD • (Dennis and Mike). There was a side discussion of birds in NW Tucson becoming sensitized to calls and not responding. Jim - need to expand surveys into un- surveyed areas. Need distribution data for planning area decisions. r Bill, Scott, Jim and others cautioned the group about use of one years worth of survey data. - There was a general discussion of the effects of the drought on numbers and habitat use. r It was agreed the data being collected by private consultants within the planning area - should be used in determining the best location for the upcoming years surveys. Andy and group concluded that: 1. Surveys would occur in proposed critical habitat Units 2 &3 and would be intended to determine if owls are occurring in past locations and to survey previously unsurveyed • areas. The importance of connectivity was discussed. These areas may also need to be a focus for • survey efforts. 121902SUMMARY.DOC 2 i . TECHNICAL BIOLOGY TEAM FOR TOWN OF MARANA'S HABITAT CONSERVATION PLAN The idea of using volunteers, including TBT members for wide area surveys was discussed. Surveyors having permits is a limitation however. Funding from other sources was - discussed. Potential sources include ADOT, Pinal County, matching funds, private sources. Action Items Jim will provide Andy a list of Private Consultants conduction CFPO surveys within the Planning Area and Andy will coordinate on getting this information. Andy and AGFD will develop a specific survey scope. • Next Meeting: Water Resources Research Center. January 24 (Friday) 9:00am- 12:00pm. A site tour will also occur on the 23rd for members who would like to better familiarize themselves with the planning area. The focus of the next meeting will be conservation target selection. An mapping image projector will be available for use by the TBT at Diana's suggestion. r 121902SUMMARY.DOC 3 - • • • • Meeting Summary from TBT Meeting on January 24, 2003 • • This is a brief summary of the meeting on January 24, 2003. • Attendees: John Hall, William Mannan, Jim Tress, Diana Freshwater, Trevor Hare, Rich • Glinski, Julia Fonseca, Dennis Abbate, Scott Richardson, Andy Laurenzi, Mark Cochran • (CH2MHill), Eden Britt (CH2MHill), Sandy Taylor (CH2MHill). • Invited Attendees: Paul Thomas (City of Tucson), Ken Kertell (SWCA, Consultant for City of Tucson). • • • 1. Overview of Sonoran Desert Conservation Plan (SCDP). • Dr. William Shaw and Dr. Robert Steidl provided an overview of the Conservation Lands • System developed as part of Pima County's Sonoran Desert Conservation Plan. The power • point presentation will be made available to all team members. • The group had some discussion on the Conservation Lands System (CLS) and its • implementation. The CLS has been adopted by the County Board of Supervisors and is being used in land use planning decisions. ReCon, the County consultant is working on the • Section 10 application process based upon the CLS. Citizen groups are promoting a County • general obligation bond measure to support implementation of the CLS through land • acquisition. • Andy took the opportunity to draw some distinctions between the Town of Marana • conservation planning project and the Pima County effort as articulated by Drs. Shaw and - Steidl. The Town's primary focus is to obtain a Section 10 permit. Secondary intent is to contribute to conservation of biological diversity consistent with SDCP. The TBT is • encouraged to guide recommendations that will provide a solid underpinning for an HCP • as well as any additional conservation recommendations that may be appropriate but fall • outside the regulatory context of an HCP and a Section 10 permit. • 2. Technical Team Charter Final Draft approval • With a minor verbiage change related to replacement of team members the Charter was • approved. 3. Honorarium • All non - agency personnel will receive a $150 /day honorarium for meetings they attend and • an additional $150 /day for meeting preparation time. Andy emphasized that the - expectation was that team members would take the time to review material in advance of • TBT meetings. The Town is committed to making that material available at least a week in advance. • 4. Conservation Target Assessment • • CH2MHill distributed two memorandums explaining the species target review process and the results of their analysis along with preliminary recommendations regarding species that • merit continued consideration. Emphasis was placed on the iterative nature of the process • • • • • and as we better defined the planning area and covered activities the species list could change. Consensus was reached with respect to the list of species that was presented except as noted below. w Rich Glinski suggested considering Yuma clapper rail (restoration potential), mountain plover, and American bittern as conservation targets based upon their current federal status. John Hall inquired as to why desert tortoise was not considered in SDCP. Julia Fonseca explained that it was not identified as a vulnerable species at the county level. The TBT • recommended contacting Roy Avery - Murray (AGFD), Cecil Scwalbe (UofA) and Jim • Rorabaugh (USFWS) about desert tortoise status and distribution. Group recommended consulting the AGFD regarding draft sections of the Breeding Bird Atlas and Partners-in- Flight for information on the status and distribution of birds. Julia Fonseca suggested including longfin dace and Gila topminnow in species carried forward because these species may recolonize portions of the planning area in the future based upon current habitat conditions and restoration activities under consideration along the Santa Cruz River (Army Corps of Engineers` Tres Rio del Norte project sponsored by Town of Marana, City of Tucson and Pima County). - The TBT discussed the determination of "likely to be listed within the next 5 -10 years" and • requested greater documentation as to the basis for the decisions. There was some discussion, both biological and political, regarding listing potential and CH2MHill recommended that TBT considerations be based solely on biology. The TBT suggested that we use the USFWS's listing criteria as a guide for decision - making along with known - biological information and expert professional opinion. If available information indicated that a species currently met one of the criteria for listing, listed, or was likely to meet one of the criteria, it would be considered "likely to be listed". USFWS information indicates that a species is added to the list when it is determined to be endangered or threatened because of any of the following factors: The present or threatened destruction, modification or curtailment of the species' habitat or range;, • Overutilization for commercial, recreational, scientific or education purposes • Disease or predation • The inadequacy of existing regulatory mechanisms, or • Other natural or manmade factors affecting the species' survival �► Endangered is defined as a species that is in danger of extinction throughout all or a significant portion of its range. Threatened is defined as a species that is likely to become endangered in the foreseeable future. 2 i • Ken Kertell (Consultant from SWCA representing City of Tucson) recommended that the i Acuna cactus be dropped from further consideration because it's current distribution does i not include the planning area. It was suggested that we talk to the SDCP experts on why i the Acuna cactus model was not "scrubbed" the way the Needle - spined model was i "scrubbed ". He also suggested that Merriam's mouse should not be included in species to consider because there is only one historic record from the Santa Cruz (no recent records) i and not really much potential habitat for the species in the planning area. We may want to i consider Merriams' mouse as "may occur with restoration ". There was discussion about the two snakes originally on the list for continued • consideration. The team discussed the concerns over taxonomic validity and Rich Glinski suggested these species be re- evaluated based upon additional expert input. Trevor Hare recommended we discuss with Peter Holm who is a knowledgeable herpetologist along i with Phil Rosen. i With respect to special elements, john Hall expressed concern regarding the mapping accuracy /precision of the county maps, and elimination of special elements designated as "Accounting" from specific consideration. The TBT agreed to retain all special elements with i potential to occur in the planning area for consideration at this stage regardless of the conservation goal identified in the SDCP for the special element. i Julia Fonseca noted that some elements identified as absent in the planning area may actually be present due to issues of scale in the County plan. She also suggested that Marana could consider resources at a smaller scale than the County was able to. The group • recommended that consideration be given to the following landscape features: • Rock outcrops (rather than just talus) • Stock ponds i 0 S • Relic sand dunes along Santa Cruz river i • Saltbush community along Santa Cruz floodway The geology coverage available from the SDCP process could help with identifying the rock i outcrops. i Action Items • i HCP Team (Ch2MHill /Town of Marana) will: i 1. Evaluated the potential for Yuma clapper rail, mountain plover and American bittern to occur in planning area and to assess merit of including in the planning effort. i 2. Evaluate inclusion of Sonoran desert tortoise. i 3. Consult with USFWS list for Pima and Pinal County to determine if the potential exists i for other species to occur in the planning area that may merit inclusion. i 4. Re- evaluate longfin dace and Gila topminnow for re- introduction potential along the i Santa Cruz River. i 5. Distribute USFWS listing criteria. i • 3 • i 6. Document justification for why species were not considered or were considered likely to be listed based on the USFWS's listing criteria. 7. Consult with the experts that developed the SDCP models for Acuna cactus and Merriam's mouse to determine if they are likely to occur in the planning area. 8. Discuss with Peter Holm regarding the taxonomy, status, distribution and threats to the ground snake (valley form) and Tucson shovel -nosed snake. 9. Evaluate whether other special elements occur in the planning area and whether information /mapping data is readily available to consider them in this planning effort. CFPO SurvU 2003 • Andy distributed the most recent draft proposal regarding CFPO survey work and asked the group to provide him with comment otherwise the survey work will proceed as outlined in the Draft Scope. Schedule TBT meetings will continue to held at the Water Resources Center and the next three meeting are scheduled for: Wed February 26,2003; 1-4 pm - Wed March 26,2003; 1 -4 pm Wed April 23,20003; 1 -4 pm q • • • • • MEETING SUMMARY C2 HILL • • February 26, 2003 Technical Biology Team Meeting • • ATTENDEES: All TBT Member in • Attendance except Andy Laurenzi /Town • FROM: Sandy Taylor /CH2M HILL • Mark Cochran /CH2M HILL • DATE: February 28, 2003 • • The meeting focused on • • • Review /finalization of the conservation targets to consider • • Status of CFPO surveys • Draft Planning Area Boundary • This summary includes subsequent revisions provided by John Hall and Rich Glinski. • • Conservation Targets • There was a lengthy discussion of list of species to be considered for coverage based on information provided in the Conservation Target memorandum and accompanying • attachments. Team members requested more information on how decisions were reached, and why some • species, based on the information provided, were determined to be 'Likely' or 'Unlikely.' For the burrowing owl and lowland leopard frog there was conflicting information and it • was unclear as to how a decision to include as 'Likely' was derived. Concerns for documentation of the decision making process for the administrative record was expressed • especially for species where there is uncertainty or conflicting information. The idea of • tracking species whose future listing status is uncertain, such as the two snakes, was • discussed. • Use of the term 'potential' in the spread sheet was discussed. "Potential" could replace "likely," resulting in the notion that there are "listed" species, and those with the "potential" • to be listed. The actual likhhood of the listing would not be assessed as closely at this point. • Based on the information provided the TBT members determined that they could not make • a determination as to the likelihood that a species would be listed in 5 to 10 years and • therefore could not make a final recommendation on whether to retain these species in the • planning effort at this time. These species were: • . Western red bat • • California leaf -nosed bat • • Pale Townsend's big -eared bat • • • • Tucson shovel -nosed snake • Ground snake • Desert tortoise - • Burrowing owl • Lowland leopard frog - The TBT requested changing the listing potential for these species to "Uncertain." Information and determinations presented for other species was considered adequate by the Team. • The group concluded that it would be best to use the expertise at the table to make a decision on species listing status rather than to place a species in the "uncertain" category whenever possible. This discussion led some to volunteer to conduct additional - independent research for presentation to the group. Critical data gaps for HCP were discussed along with the use of the SDCP information in terms of adequacy of the determinations. Some TBT members requested obtaining original - references and data and conducting an independent review and evaluation of the potential for listing with specific consideration of the criteria used by the USFWS in making listing determinations. It was recommended that the the February 10 memorandum on covered species /special elements be reviewed and revised to clarify the process. i TBT's Role There was a short discussion of the TBT's role in the Town's planning process based on an inquiry by Bill. In general, it was agreed that the Team's role is to make recommendations to the Stakeholder Working Group /Town with a focus on identifying species to cover in the HCP. Other species and special elements could be addressed through recommendations for discretionary conservation measures. The possibility needs to be maintained that conservation measures for species covered within the HCP may be expressed as non- discretionary conservation measures for those special elements that constitute habitat for a - covered species. CFPO Surveys Dennis provided maps of the initial planning area boundary with the areas to be surveyed for the Town's planning effrot. The objective of the surveys is to 'find owls' by focusings on areas where they are most likely to occur but that have not been surveyed in the past, or for - which survey information is not currently available. The limitations of the survey approach i was discussed and acknowledged. The information will not provide a description of owl distribution in the planning area but could add to our knowledge of where owls occur. The lack of information on owls in western portion of the planning area was discussed. - However, funds are not currently available to survey these areas for owls. There was • general agreement that it is a valid strategy given the limitations of funding. All agreed and understood the limitations of applying the results. i Planning Area Boundary Sandy explained the rationale presented in the "Draft Considerations in Defining the Planning Area." The Town limits would be the legally defined area in the incidental take permit within which incidental take would be authorized (Permit Area). In addition to the - 2 Town limits, the Permit Area would include currently unidentified lands to be included in a reserve system established as mitigation. Incidental take authorization would be needed for these lands to address take potentially resulting from management actions. The Permit Area - would represent the impact area within which activites that could cause take would occur. • The group discussed the recommendation for an assessment area for owls beyond the Town limits. The assessment area would be the area considered in evaluating the impact to the owl population resulting from take associated with activities in the Permit Area. The recommendation to include all of Recovery Area 3 inside and outside of the Town limit as - well as the portion of Recovery Area 2 within the Town limits as well as the Silverbell Special Management Area within Recovery Area 2 but outside of the Town limits seemed a reasonable starting point; however, the TBT wanted to be able to revisit the issue as necessary to encompass and account for cumluative effects on owl habitat (for example, - actions that may occur outside the recovery area at higher elevations may have negative down - gradient impacts on owl habitat). It was agreed that for other species the assessment area outside of the Town limits would depend on the species under consideration and the assessment area would need to be tailored to that species. The approach taken for the owl - provides an approach for determining an assessment area based on biological • considerations. - Threat Assessment _- It was agreed to table the discussion of the Threat Assessment to the next meeting. Next meeting is Date: March 26, 2003 Location: Water Resources Education Builiding (same location) - Time: 1:00 -4:00 3 Technical Biology Team Meeting Summary March 261:00pm — 4:00pm Water Resources Research Center Attendees: Scott Richardson, Dennis Abbate, Andy Laurenzi, Mark Cochran (CH2MHill), Sandy Taylor (CH2MHill), Diana Freshwater, Julia Fonseca, John Hall, Jim Tress, Rich Glinski, Bill • Mannan, Trevor Hare 1. Revised Target memo and spreadsheet A revised Conservation Targets memo and spreadsheet was distributed to replace the set mailed out last week. A number of inconsistencies came to light that necessitated one more memo revisions. These problems arose as a result of using an outdated version of the Priority - Vulnerable Species Report and relying upon species habitat maps in the PVS report rather than the GIS shape files which provide more precise mapping. The memo and spreadsheet distributed at the meeting represent the latest iteration of target species based upon available information in • Pima County's SDCP reports, additional expert opinion, and a few additional publications not previously referenced. Target selection will continue to be an iterative process. Additional changes to the target list will result from discussions on "uncertain" species below, additional information brought to light in today's discussion, and the general -level threats assessment also discussed below. . Scott asked that we consider Black- bellied Whistling Duck as a target species based upon his observations of the bird along the Santa Cruz River. Andy will check on the federal status of this bird. 2. Impact Determination: Defining the Box - A power point presentation was made by Sandy Taylor /CH2MHill to illuminate the challenge in differentiating the level of take associated with covered activities (which occurs at the individual level) from the impact of that take (which occurs at the species population level). "Defining the box" is about understanding that relationship. This provided a good framework for the Threat Assessment presentation that followed. 3. Threat Assessment Andy provided an overview of the GIS information. In addition to the base layer used for each • species comparison, Andy discussed the two major threat maps: the Town and County capital improvement projects (CIPs) in the planning area (i.e.. roads and parks) and the Town's projected residential and commercial development areas. The timeframe for both sets of maps was 2025 - and no attempt was made of this level of analysis to differentiate level of development (e.g. housing density, road cross - sections). Most of the species analysis was conducted using the • residential and commercial development areas due to the more extensive coverage and impact of these activities. This provided a more conservative assessment of the likelihood of "take" from proposed future activities. A suggestion was made to include flood control structures as part of - the the Town's CIPs. Mark Cochran discussed the use of high potential habitat species models which have been . developed for each priority vulnerable species identified as part of Pima County's SDCP. GIS Shape files for each of the habitat models were made available to the Town by Pima County's GIS department. The species habitat shape file projections coupled with Town GIS maps for - projected future development (residential and capital improvements) were used to assess the degree of potential conflict between proposed future development and target species. This level of assessment is intended to determine if some species obviously drop out based upon the lack 1 of threats associated with the Town's activities. The TBT is looking for obvious conflicts (or lack of) as a first level cut. Mark walked the group through each of the species on the list and the following - recommendations were made regarding species based upon the general level threat assessment: Remove from furt her consideration in the planning process: - - Chiricahua leopard frog. Remove from consideration for HCP but retain for conservation recommendations: - Western red bat - - Pale Townsend's big -eared bat - California leaf -nosed bat - Southwestern willow flycatcher - - Huachuca water umbel - Desert tortoise - Species not discussed or with a continued uncertain status - Mountain plover - Mexican long- tongued bat - Tucson shovel -nosed snake - Ground snake (valley form) • - Sonora sucker - Yuma clapper rail - Lowland leopard frog - - Desert pupfish - Gila chub - Certain questions were raised with regard to these and other species and the following action items were identified: • _ Julia to provide occurrence documentation for Yellow - billed cuckoo. Trevor to explore Lowland leopard frog occurrences and habitat limitations on Santa Cruz to determine if any potential exists for restoration. - - Because of the upstream occurrence of Gila topminnow on the Santa Cruz near Tubac the group felt that there existed a potential for this species to become established on the Santa Cruz River in the planning area. Scott to review with fish biologists the merit of retaining Gila topminnow as a species to continue to consider for HCP purposes. - Dennis Abbate to rundown shape file for CFPO occurrence polygon and get to Andy. • - Andy to discuss bats with Ronnie Sidner including why Mexican long- tongued bat distribution differs from lesser long -nosed bat. The general conclusion on the bats that were dropped from HCP consideration is that roosting and maternity sites were key and - that foraging habitat was not likely to be an issue as these bats were insectivorous. Conflict between future uses and the bats do not occur in the few potential roosting or maternity sites. • Desert pupfish from upper Santa Cruz was a distinct form that is now extinct. Julia to rundown reference. - - Andy to review Gila chub shape file to determine if high potential habitat exists in the - planning area. May not meet habitat requirements within the planning area. - Mark Cochran to rundown talus slope mapping information from AZGS contact. The complete action item punch list is attached. 2 • • • • • 5. Uncertain Species discussion • Mark Cochran reviewed a matrix for the nine uncertain species that was developed based upon • the five listing criteria and our best guess at their current applicability given the information readily • at hand. The TBT agreed that the four species identified as "unlikely" to be listed was appropriate. These species are: Western red bat, Pale Townsend's big -eared bat, California • leaf -nosed bat, and Desert Tortoise. • 6. Needs Assessment/Risk Analysis: What's Ahead • • Sandy provided a very brief overview on the contents of the needs assessment/risk analysis for the Town and what can be expected at the April meeting of TBT. • • 7. CFPO surveys (as time allows) Dennis Abbate /AGFD • Did not get to because of time constraints. • • • Meeting Schedule • • Water Resources Research Center • May 1, 2003 - 1:OOpm- 4:OOpm • May 29, 2003 - 1:OOpm- 4:OOpm • • • • • • • • • • • • • • • • • • • • 3 • • Action Items from March 26, 2003 TBT Meeting . 1. Black- bellied Whistling Duck - Fed status Richardson to look for occurrence. i 2. Yellow- billed cuckoo — Julia to get occurrence information. 3. Scott to look into get shape files on recovery areas to Brett. 4. AGFD polygon — Denis to get shape File to Brett 5. Vegetation map is another way to ground truth on species models and use of critical - habitat/recovery areas. Review veg maps. 6. Julia to research and obtain County impact data. Maeveen mentioned the next day the - development suitability index database they are developing for purpose of the economic analysis. 7. Trevor to look into LL Leoparf frog occurrence data and explore other elements of habitat limitations. 8. Town /CH to review LLF model data along Mexican garter snake habitat models. 9. Remove Huachuca water umbel fomr further consideration and explore appropriateness of • SHA. 10. Western Red Bat, Townsend's Pale Ear bat, California leaf -nosed bat remove from HCP - consideration. Conservation recommendations are appropriate are roost sites are key elements that jeopardize these species. Insectivorous so foraging habitat is presumed to • less an issue. Recommend we talk to Ronnie Sidner. 11. SWIFL remove from HCP list but keep for SHA evaluation. 12. Chiricahua Leopard frog — negligible impact likely and little opportunities through HCP given • status of development. Look into CC &Rs for Canyon Pass, review what lots have been built and review sattelite imagery for presence of ponds on any properties in the Canyon. • 13. Gila topminnow Keep on list due to low risk because of upstream occurrence and future O &M activity. Scott to review with other fish biologists. 14. Mexican long- tongued bat. Why is its distribution different from LLN bat? 15. Desert pupfish ssp. Form Santa Cruz may be extirpated. Julia to look into paper. Scott will discuss with fish biologists. 16. Need to check out shape file for Gila chub? 17. Mexican garter snake remove from HCP list. Trevor to discuss with Rosen what the model - should look like if what we have is correct. . 18. Mark C. to followup on Talus info. Andy to review Sonorolla spp. In basin. What about • tortolitensis? 19. Trevor to get Jarco reference for Tortoise disease concerns. Tortoise moves to unlikely and stays for conservation recommendations. 20. Send Meik email to Trevor. 4 w w • w w Stakeholder Working Group Meeting Summary w March 27, 2003 w Attendees: Joan Scott, Tim Ensign, Bill Hallinan, David Goldstein, Maeveen Behan, w Luther Propst, Rob Marshall, Mike Hein, Jenny Neeley, William Dowdle, Carolyn w Campbell, Andy Laurenzi, Mark Cochran (CH2MHill), Sandy Taylor (CH2MHill), Jim w Tress (Technical Biology Team); John Hall (Technical Biology Team), Chuck Sweet (ex- officio), Paul Thomas (ex- officio), Sherry Barrett (ex- officio). w w I. Conservation Target selection process w Mark Cochran/CH2MHiII provided an overview of the target selection process. At this w point in the process, most of the target identification has been accomplished through w information presented in the SDCP Priority Vulnerable Species report (2002), the associated GIS shape files made available by Pima County and expert opinion derived w from phone conversations and other reports. The Technical Biology Team (TBT) had w requested that some additional species be considered that were not considered by the SDCP Science Technical Advisory Team. • w The list of species and special elements that remain under consideration for the Marana w planning process were distributed at the meeting. Based upon the previous days meeting with the TBT and the material presented at that meeting (e.g. general threats assessment), w several species were removed from consideration for purpose of securing an Incidental w Take Permit through the HCP process but are likely to be included in the general w conservation recommendations to the SWG/Town. This information was shared with w group but a revised list will not be circulated until it has undergone review by the TBT. w 2. Assessment Area w A brief presentation was made by Sandy Taylor /CH2MHilI regarding the assessment area w boundaries. It was agreed that for the purposes of establishing covered activities, the w current planning area boundary was sufficient but that in order to assess the impact of w take associated with these covered activities as it related to the pygmy owl that the w assessment area would include all of Critical Habitat Unit 3 and those portions of critical habitat Unit 2 within the Town's boundary. We will also be evaluating the Recovery w Units as a better boundary for the assessment area. w w 3. Impact Determination: Defining the Box w A power point presentation was made by Sandy Taylor /CH2MHi11 that helped illuminate w the challenge in differentiating the level of take associated with covered activities (which w occurs at the individual level) from the impact of that take which occurs at the species . population level. "Defining the box" is about understanding that relationship. • w w w 4. Threat Assessment demonstration • Mark Cochran/CH2MHill and Andy Laurenzi walked the group through a few examples of how the planned future activities (i.e. Town's capital improvement program (i.e. road/parks) and residential and commercial development) were used to assess the A potential for conflict between these activities and the target species based on the potential • habitat models developed by Pima County's SDCP process. It was suggested that flood control features be put into the CIP mix. - GIS staff assisted in displaying the spatial information that provided the basis for this w analysis. It was emphasized that this was a very general assessment and further detailed work was necessary before a clear relationship could be determined regarding the level of take for the covered activities and the impact of that take on particular species. Maeveen Behan recommended that we review the Development Suitability Index being developed - by Pima County as way to approach the covered activities at a finer scale. A number of • species were recommended by the TBT for removal from the HCP process based upon the threats assessment and this will undergo review shortly. - 5. Needs Assessment/Risk Analysis Sandy Taylor /CH2MHi11 talked about the end product of Phase I which is to produce a r needs assessment for the Town with an attendant risk analysis as it pertains to the development of an HCP. Expected completion date is a first draft for the TBT Meeting at • end of April, a final draft memo to the SWG in mid -May followed by an end of May TBT meeting with a final recommendation to the Town by end of May /early June. 6. Public Open House - The group agreed to defer the public open house to after completion of the needs assessment/risk analysis. Most likely a June date. 7. Other Carolyn Campbell requested that the SWG be provided an overview of the Town's r general plan and the Tres Rios project. • There was some discussion about pursuing solutions to some of these species issues at a - regional level. NEXT SWG MEETING: May 16 2003. 9:00am- 11:00am. Marana Operations . Center 5100 W. Ina Road. • • • • TECHNICAL MEMORANDUM CH2 HILL • • Resolution of Action Items from Town of Marana • HCP TBT Meeting of March 26, 2003 • - PREPARED FOR: Technical Biology Team PREPARED BY: Sandy Taylor /CH2MHill • Andy Laurenzi /Town of Marana • Mark Cochran /Transcon Environmental • DATE: May 1, 2003 • • • 1. Item Black- bellied Whistling Duck. Check on Federal status. Resolution Black- s bellied whistling Duck has no Federal status based on a check of the USFWS website http://arizonaes.fws.gov/. • • 2. Item Yellow -billed cuckoo - Julia to get occurrence information. Resolution The • report was provided and the information is included in the Threat Assessment. 3. Item Scott to look into getting shape files on Recovery Units for CFPO to Brett. • Resolution The Town has the shape files of the Recovery Units and they are • available for use. • 4. Item Consider AGFD "Convex Polygon of Telemetry Points" and Occupied Sections in Threat Assessment - Dennis to get shape File to Brett. Resolution Town • has digitized the information from figure titled "Cactus Ferruginous Pygmy -owl • Occupied Territories and Nest Sites in NW Tucson and Southern Pinal County 1996- 2001" provided by Dennis. This information is included in Figure 2 of the Threat • Assessment report. • • 5. Item Vegetation map is another way to ground truth on species models and use of critical habitat/ recovery areas. Review vegetation maps. Resolution The vegetation • map from the SDCP is available for use. • • 6. Item Research and obtain County impact data. Maeveen mentioned the next day • the development suitability index database they are developing for purpose of the economic analysis. Resolution Not completed. • • 7. Item Trevor to look into lowland leopard frog occurrence data and explore other • elements of habitat limitations. Resolution From Trevor: "....there are a few official records, one at Congress St, one in the Ril ito, and one at San Xavier. There are not • likely to be habitat limitations with restoration. The limiting factors likely will be bullfrogs, crayfish, non -native fish, and disease." • • • SAGACTION ITEMS.DOC 1 • • • • RESOLUTION OF ACTION ITEMS FROM TOWN OF MARANA HCP TBT MEETING OF MARCH 26, 2003 • • 8. Item Town and CH2M HILL to review lowland leopard frog model data along Mexican garter snake habitat models. Resolution The models shown at the TBT • meeting were the models used for the SDCP but included low and medium potential habitat. The model information presented in the threat assessment draft are high potential areas only. • • 9. Item Remove Huachuca water umbel from further consideration but it is recommended for consideration in conservation recommendations. Resolution • Recommendation was accepted. • 10. Item Remove western red bat, Pale Townsend's big -eared bat, and California leaf- • nosed bat from HCP consideration. Conservation recommendations are appropriate • for these bats; vulnerability of roost sites is the key conservation issue for these species. These bats are insectivorous so foraging habitat is presumed to be less of an • issue. Recommendation to talk to Ronnie Sidner. Resolution Recommendations • were accepted. • 11. Item Consider removing Southwestern willow flycatcher from HCP list but • retained for conservation recommendation evaluation. Resolution It was decided • to keep Southwestern willow flycatcher on the HCP list based upon subsequent • SWG input. • 12. Item Chiricahua Leopard frog - negligible impact likely and little conservation • opportunities through HCP given status of current residential development. Look into CC &Rs for Canyon Pass, review what lots have been built and review satellite imagery for presence of ponds on any properties in the Canyon. Resolution Trevor determined that the Chiricahua leopard frog is not known to occur in the Tortolita • Mountains. Andy unclear on this information need. • • 13. Item Gila topminnow - recommended to keep on HCP list due to upstream occurrence and risk from future Operation & Maintenance activity. Scott to review with other fish biologists. Resolution Species was removed from consideration • from HCP list, but included for conservation recommendation. Further information i will be discussed in Threats Assessment below. • 14. Item Mexican long - tongued bat - Why is its distribution different from lessor long- nosed bat? Resolution Mexican long- tongued bat generally occurs at higher • elevations than the lessor long -nosed bat and forages primarily on agaves based on • information in Priority Vulnerable Species report. Ronnie Sidner was a critical expert reviewer on the SDCP information but feels that palo verde - cactus habitat is also • suitable MLTB habitat. • 15. Item Desert pupfish subspecies from Santa Cruz may be extirpated. Julia to look • into paper. Scott will discuss with fish biologists. Resolution Reference was • obtained; this subspecies is extinct and removed from further consideration. • • • • SAC /ACTION ITEMS.DOC 2 • • RESOLUTION OF ACTION ITEMS FROM TOWN OF MARANA HCP TBT MEETING OF MARCH 26, 2003 16. Item Need to check out shape file for Gila chub? Resolution No high potential habitat in planning area; species removed from further consideration. - 17. Item Remove Mexican garter snake from HCP list. Trevor to discuss with Phil - Rosen what the model should look like if what we have is correct. Resolution Recommendation accepted. The correct model from SDCP is now in the Threat Assessment. - 18. Item Mark C. to follow -up on Talus info. Andy to review Sonorolla spp. in basin. What about tortolitensis? Resolution Working with AGFD to receive Heritage occurrence data. • 19. Item Trevor to get Jarco reference for Tortoise disease concerns. Tortoise moves to unlikely and stays for conservation recommendations. Resolution Will be sent. 20. Item Send Meik email to Trevor. Resolution Done. r SAC/ACTION ITEMS.DOC 3 Technical Biology Team Meeting Summary May 1, 2003 1:OOpm — 4:OOpm Water Resources Research Center - Attendees: Scott Richardson, Dennis Abbate, Andy Laurenzi, Mark Cochran (Transcon - Environmental), Sandy Taylor (CH2M Hill), Julia Fonseca, John Hall, Jim Tress, Rich Glinski, Trevor Hare, Brett Canale (Town of Marana — GIS) • 1. Process Review Andy walked the group through a process flow chart to review where we are to date in the Phase I process. This was similar to the chart used in the previous SWG meeting. Several recommendations and questions were raised concerning the information in the . chart. As a result, any future uses of the chart will include the following changes: - The initial species target list will include SDCP Priority Vulnerable Species and four additional species recommended by the TBT: Desert tortoise, mountain plover, Yuma clapper rail, and American bittern. - - The species category boxes will identify species in each category box. - The last category box will be revised to state "Species Absent or Only Low - Moderate Potential Habitat Present" - The second to last category box will be revised to state "Species present or with high potential habitat, but not likely to be listed in next 5 -10 years" • - The Western red bat, Townsend's pale -eared bat, California leaf -nosed bat, and Desert Tortoise will be specifically identified as species under consideration for additional conservation recommendations. The group requested a technical memorandum summarizing the final categorization for each species with annotations to identify the information source for the categorization. i Categories will be the following: A. Species to further consider in developing an HCP. B. Species to consider in conservation recommendations. C. Species removed from further consideration in the planning process. 2. Mark walked the group through the action items identified during the preceding TBT meeting (March 26, 2003). The group recognized that the list was mix of follow up action items and decision documentation. Specific action items discussed with the group are as follows. - • Andy reported on his initial conversation with Ronnie Sidner and that he had a follow up face -to -face discussion scheduled for May 5. In the initial conversation, Ronnie expressed skepticism that the Mexican long- tongued bat would be listed based upon a recent (2000) report from USGS, Midcontinent - Ecological Science Center in Albuquerque. Based on this input, the group agreed r • • • • to move the Mexican long- tongued bat to unlikely to be listed. As a result, it will • be removed from further consideration for the HCP but will be retained for other • conservation recommendation purposes. The final threats assessment will remove • Mexican long- tongued bat from the narrative portion of the report but will include it in the summary table. • • • Andy described that desert pupfish was not included in the draft threat assessment • because it was determined to be extinct in the Santa Cruz River based on review i of published literature provided by Julia. This species was removed from further consideration in the planning process. ! • Andy described that he reviewed the Gila chub habitat model from the SDCP and based on this review determined that high potential habitat for this species did not • occur in the planning area. Based on this finding, Gila chub was not included in the threat assessment and was removed from further consideration in the planning • process. The group re- confirmed that Chiricahua Leopard frog would be dropped • from any further consideration. • 3. Sandy reviewed the Draft Threats Assessment Technical Memorandum. This • memorandum documented the TBT discussion on March 26, 2003. Recommendations • from the TBT to improve and revise the Draft Threat Assessment are: • a. In the methods section describe why only the SDCP high potential habitat areas • were used. The suggested text is "In addition to documented occurrence • information, it was decided that one reasonable tool to utilize for the purpose of • determining likelihood of occurrence within the planning area are potential habitat • models developed for Priority Vulnerable Species as part Pima County's Sonoran Desert Conservation Plan. The TBT agreed that only high potential habitat (and • not low or medium potential habitat areas) be mapped and used for this screening- level assessment." b. The aquatic - dependent species should be re- categorized for continued consideration for purposes of developing a HCP. These are: Yuma clapper rail, • Mexican garter snake, Huachuca water umbel, lowland leopard frog, Sonora • sucker and Gila topminnow. • c. Mexican long- tongued bat be removed from this report based upon the • determination that this species in not likely to be listed (see above) but retained in the summary table which will add the other species which were dropped for • purposes of an HCP but will be considered for other conservation • recommendations. These include: western red bat, desert tortoise, Townsend's pale -eared bat, California leaf -nosed bat. • • • • • • • • • • • 4. Needs/Risk Assessment Analysis • • Sandy initiated presentation of a draft Powerpoint presentation of the Risk - Assessment/Needs Analysis. The Powerpoint will be presented at the next Stakeholder - Working Group meeting, currently anticipated on May 22, 2003. The group discussed the definitions of "Need" and "Risk" used in the analysis. The group clarified that • "Need" related to the likelihood of take of a listed species coupled with. the potential to • obtain incidental take authorization through other avenues than a Section 10 permit. The group suggested clarifying revisions to the slides identifying factors to consider in • assessing need and risk. • . The group engaged in an in -depth discussion of the distinction between "need" and "risk ", the factors determining and influencing "need" and "risk ", and relationships • among the Town, TBT and SWG in defining "need" and "risk ". The product of this • discussion was that the Powerpoint required substantive revision for presentation to the - SWG. Specific revisions were not identified but the following general concepts discussed by the group will guide development of a revised Powerpoint. • • The "need" for incidental take authorization is fairly well- defined for each species. "Risk" is very difficult to define. Further, interpretation of the level of risk are very personal (reflective of individual risk tolerance) and variable depending on • the specific circumstances. The group agreed that risk factors could be generally • identified but that a species - specific assessment of risk was not possible at this stage in the process. The group recommended providing the SWG with a basic understanding of the factors influencing the risk associated with covering or not • covering each species. • . The group clarified that the situations of concern with respect to risk are 1) if an - unlisted species that is not covered in the HCP becomes listed, and 2) if an unlisted species that is covered in the HCP is never listed. For listed species, the • risks relate to the relative costs and benefits of covering the species in an HCP or • continuing with project - specific review and permitting if it that avenue is • available (i.e. Section 7). This analysis of risk assumed that each species in question has first been identified as one in which take would likely occur (i.e. an • established need). • . A revised Powerpoint presentation will be prepared in consideration of these guiding • concepts. The TBT agreed to meet to review the Powerpoint on May 14, 2003. A revised presentation will be circulated prior to the meeting. • • • • • • • • • • • 5. CFPO Survey Update. Dennis distributed information on this year's CFPO survey • work. Time did not provide for any discussion. • • NEXT MEETING: The Nature Conservancy Office, 1510 E. Ft. Lowell Road. May 14 6:00pm- 8:00pm. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Stakeholder Working Group Meeting Summary • May 22, 2003 • • Attendees: Mike Reuwsaat, Gerry Perry, Bill DowdIe, Tim Ensign, Susan Shobe, Jenny • Neeley, Roseann Hanson, Carolyn Campbell, Rob Marshall, David Goldstein, Maeveen - Behan, Leslie Liberti, Andy Laurenzi, Sandy Taylor (CH2MHi11), Mark Cochran (Trasncon), Scott Richardson (attending for Sherry Barrett, ex- officio), Marit Alanen (ex- officio), Bret Canale (Town of Marana — GIS). • • • 1. Needs Assessment • A PowerPoint presentation was made by Sandy Taylor to provide an overview of the • needs assessment process, the resulting species categorizations, and some of the • advantages and disadvantages of choosing to cover or not cover species under an HCP. Of the original list of 55 priority vulnerable species and 4 additional species recommended by the TBT, 16 species were carried forward through the threat assessment •i stage and evaluated in the needs assessment. • • The needs assessment considered the likelihood that incidental take authorization under Section 10(a)(1)(b) would be necessary to implement the proposed covered activities. • The extent to which a species "needed" to be covered under an HCP was evaluated based • on two factors: the potential for the covered activities to lead to take of the species and • the likelihood that take avoidance would be feasible and practicable. • Of the 16 species, four were classified in the "high" category, i.e. take is likely from the • Town's covered activities and take avoidance is not likely to be feasible or practicable. • These four species are: Cactus Ferruginous Pygmy Owl, Burrowing Owl, Ground Snake • (valley form), and Tucson Shovel -Nosed Snake. The Tucson Shovel -Nosed Snake, however, was included in this "high" category contingent on it actually being present • within the planning area. The remaining species, based on the best available information, • were classified in the "low" category, i.e., take is not likely from the Town's proposed • covered activities and/or take avoidance is likely to be feasible and practicable. The final portion of the presentation emphasized a number of considerations that need to • be weighed in determining whether to cover a species under an HCP.. Overall • considerations include the cost of development and implementing an HCP, the cost of • future ESA compliance and mitigation, and the advantages of comprehensive planning over piecemeal planning. • • 2. SWG Comments: Needs Assessment Presentation • No comments were made by the group regarding the specific categorization of species or • the specifics of the needs assessment process. The major concerns of the group were that • the advantages /disadvantages description was too narrow and focused almost exclusively • • • • • • i • • on monetary issues. The group requested that bullet - points be included on these slides to • explicitly identify the advantages of comprehensive -planning versus a piecemeal • approach to the Town and species conservation and the greater opportunities for public - involvement in an HCP process as opposed to Section 7 consultations. The SWG also - commented that to rely on take avoidance as a reason for not covering a species in an HCP, there would need to be some guarantee that the take avoidance measures would be • implemented. Another question was whether surveys would be conducted on the Tucson • Shovel -Nosed Snake to determine whether it is present within the planning area. • 3. Additional SWG Comments i i A number of other comments were made by the group regarding the overall process that • had been taken during the first phase of the HCP process. The majority of these comments reflected a concern that the HCP process was based on a species- specific approach rather than a system -based approach. Rob Marshall questioned covering only those species that were likely to be listed in 5 to 10 years considering the Town's 25 year • planning horizon. Andy explained that focusing on species likely to be listed in 5 to 10 • years was intended only to identify the minimum set of species that should be addressed in an HCP and that none of this precluded taking a comprehensive approach to reserve • design. Also, this time horizon was selected and agreed to in the TBT charter because the • limited ability to predict species likely to be listed over a Ionger time frame. • Carolyn and Jenny asked what the Town was going to be doing for interim conservation • measures during the HCP development process. This issue was identified as a concern for • the Town Manager and Town Council and beyond the scope of the SWG charter. • i Maeveen expressed concerns related to NEPA requirements and the Natomas decision. She felt that there was a public expectation that the Town would have an alternative • similar to the SDCP when going through the NEPA process. • • 4. Pathways for Future Action • Andy outlined several possible pathways that the Town could follow at this junction in the conservation planning process. The first option was to discontinue the process and not • develop an HCP (end after Phase 1). The second pathway would be to proceed with data • collection and move towards a draft HCP (Phase 11). A number of options exist for this pathway including: covering all 16 species in the HCP, covering only the four "high" • species in the HCP, or covering some other subset of the 16 species in the HCP, pursuing • a system -based approach like the SDCP, or participating in the SDCP for selected • species. Carolyn asked whether the SWG would be making a final recommendation to the Town • regarding the results of the Phase I analysis. Discussion of the SWG charter indicated that • this was not an explicit task for the group. Mike indicated that the charter needed to be • revisited and the role of the SWG in concluding Phase I clarified. • • • • 5. Next Meeting No future SWG meeting has been scheduled at this point. The next meeting has been suggested to occur after the Town has made a preliminary decision regarding the pathway - they wish to pursue. The time and location of this meeting will be coordinated at a later date. • • • Technical Biology Team Meeting Summary • May 28, 2003 9:OOam — 12:OOpm • Water Resources Research Center Attendees: Scott Richardson, Dennis Abate, Andy Laurenzi, Julia Fonseca, John Hall, • Trevor Hare, Diane Freshwater, Leslie Liberti, Mark Cochran (Transcon Environmental), • Sandy Taylor (CH2MHill), Carolyn Campbell (Stakeholder Working Group), Marit Alanen, Barbara Rose • 1. SWG Feedback: May 22nd meeting Andy summarized the comments received at the SWG meeting on May 22 "d . He noted that no concerns were raised regarding the categorization of species in the needs • assessment. The SWG comments, in general, focused on: • • The needs analysis presentation was too cost/benefit (monetary) oriented; not • enough conservation benefits were identified. • • There was concern that the process was following a piecemeal (species - specific) vs. a comprehensive (system- based) approach. • 0 The need for interim conservation measures was brought up, but this issue is • the Town Manager's/Town Council's to consider. • • Maeveen Behan of the Pima County Administrator's Office was not present at the meeting but had expressed concern that the NEPA process required • consideration of a reasonable range of alternatives and that if the Town • focuses on only a few species, that they would not generate the information necessary to support development and evaluation of a reasonable range of • alternatives. This was an issue primarily from the standpoint that the public might expect an alternative that was analogous to the SDCP. Andy suggested that whether to pursue a system -based approach required the Town • weigh the costs and benefits of covering all species as opposed to only the four that were categorized as "high" in the needs assessment. General discussion followed that sought to clarify the concept of a "system" approach. Some disagreement still exists • among the group as to what a "systems" approach entails. • Carolyn clarified that the SWG question regarding comprehensive vs. piecemeal • planning also related to the decision to include only species considered likely to be listed in 5 -10 years, when the planning horizon is 30 years. She felt that amendment of the • HCP would be easier if a system -based approach was taken. • Carolyn brought up the question of whether the TBT wanted to undertake the effort of • recommending interim measures to the Town. She was also concerned about who would be responsible for making final recommendations to the Town regarding the • Phase I results: the SWG, the TBT, or neither. Andy noted that at the last SWG meeting, Mike Reuwsaat had suggested that the role of the SWG be further clarified. He also pointed out that, as outlined in the charter, the • SWG was to provide input to the TBT, which the TBT could then accept or reject. Diana . noted that the TBT charter, as specified in the Purpose Statement, was to make • • • i • i i recommendations to the SWG who would use recommendations they felt appropriate to attain the goals Marana established for the development of the Town's HCP. - Andy emphasized that the Phase I efforts had not been a piecemeal approach. Diane commented that the process did not feel like a system -based approach. John i commented that the intent of Phase 1 was to assist the Town in deciding whether to • pursue an HCP. Actual development of the HCP could entail a system -based approach. Further, Andy reminded the group that the intent of this HCP process was not to i preserve biodiversity, but to fulfill the regulatory requirements. The Town's position has i always been to focus on an HCP as a means to get incidental take authorization. Conservation recommendations could be used by the TBT to broaden the Town's i perspective. • Andy summarized the discussion by saying that the covered species (whether these are i the 4 "high" needs species or some other subset of species) will be used to develop a reserve system. Other species that are not covered will be considered but will not guide reserve design. Therefore, the HCP process will involve a systems approach; it will simply be driven by those species being covered under the HCP. Scott added that i inclusion of the special elements could support the "other" species with the reserve design. Sandy reiterated that the Phase I process was intended to identify what the i minimum need was for an HCP, not to recommend this minimum as the best approach. i Julia commented that the SDCP technical committee set up guidelines for what was - "adequate" mitigation for each class of species and criteria for reserve design. Trevor noted that these guidelines were used as the basis for interim measures for the County. Julia said that she would provide copies of these guidelines to Sandy and Leslie. i 2. Conservation recommendations: tortoise, bats Andy reviewed the earlier process of categorizing species into: • species to be considered for coverage under HCP • species to be considered for coverage under conservation recommendations i species to be dropped from consideration - This categorization was based on the whether the species occurred within the HCP planning area and the likelihood that a species would be listed in the next 5 to 10 years. i Species that did not meet these two criteria were dropped from consideration. i Of the 55 species initially considered and 6 additional species recommended for i consideration by the TBT, 10 were considered "not likely to be listed" and dropped. Nine i species were categorized as having an "uncertain" likelihood of listing. These 9 i "uncertain" species were later revisited, with 5 being categorized as "likely to be listed" and 4 as "unlikely to be listed ". These 4 species are: Desert tortoise, Western red bat, i California leaf -nosed bat, and Pale Townsend's big -eared bat. Instead of being dropped • from consideration, these 4 were moved into the group being considered for conservation recommendations. This treatment is inconsistent with the manner in which i the 10 initial "unlikely" species had been dealt with. Andy noted that the Townsend's bat had since been moved into the "likely" category and therefore the group only needed to i address the three remaining species. • i 2 • • Andy opened up the discussion to the group for recommendations on how to address this inconsistency. Diane commented that the decision to put those 4 "unlikely" species . into the conservation recommendation category reflected considerable debate and consideration by the TBT and it represented a compromise decision by the group. She was uncomfortable with dropping these species from consideration. Andy noted that Ronnie Sidner felt that the Western red bat was not found in Marana. He asked if the TBT would be comfortable dropping this species from consideration. Diane asked that the bat not be dropped without further information confirming Ronnie's . assessment and until the rest of the TBT had an opportunity to consider the change. It was suggested that Tim Snow with Game and Fish and Yar Petryszyn at the University of Arizona be consulted regarding the bat's occurrence. The question to be posed is: - Does the bat occur within the Town of Marana planning area? Andy summarized that the group was moving forward with consideration of 19 species, which includes the three species mentioned above (desert tortoise, California leaf -nosed bat, and western red bat), pending resolution of whether the western red bat should be dropped from consideration based on non- occurrence within the planning. The Town must still decide, based on the needs assessment results and other information, which of - the 19 species gets considered within the context of the HCP. The TBT recommends that the remaining species from the 19 (or 18 if the western red bat is dropped) not considered in the HCP be carried forward for conservation recommendations. The other • 10 species that early on were considered unlikely to be listed were dropped from consideration. 3. Upcoming Activities and Schedule Leslie revisited the process that had been outlined for the HCP. All of the efforts to date represented the first phase of the process. This information would be aggregated in a • Final Report. Once finalized, this report would be presented to the Town Manager and distributed to the SWG and TBT. • Leslie reported that, following the needs assessment presentation at the last SWG meeting, Mike Reuwsaat had requested that data be collected to determine whether the Tucson shovel -nosed snake and ground snake occurred within the Town. In addition, more information was desired on the occurrence and distribution of burrowing owls in the Town. The snake surveys are going to be conducted by Phil Rosen. Sandy clarified that the - purpose of the survey was to assess the occurrence and distribution of the snakes within the Town. Based on conversations with Phil, the surveys for the shovel -nosed snake needed to begin immediately. The period during which these snakes were active ended between the 21 st and 25` of June. Trevor added that the snakes would also be active once the monsoons began. Leslie noted that the intent had been to allow the TBT to review each surveying protocol before surveying began, but given the time constraint this was not possible for the shovel -nosed snake. Leslie asked if the TBT would be • comfortable accepting Phil's protocol without review and the group agreed. The concern was raised that, given the short survey period available, that no shovel -nosed snakes might be found. The limitations of interpretation of the survey results were acknowledged. 3 The ground snake surveys, on the other hand, needed to be pushed into the fall and . winter if possible. Leslie noted that, based on conversations with Phil, the survey effort should be extended through late October /early November and, ideally, would continue until February. A For the burrowing owl surveys, Marit Alanen with Game and Fish would be identifying the appropriate protocol and doing the actual surveying. Marit told the group that she was trying to get in contact with Courtney Conway (University of Arizona) and Renee Wilcox (Game and Fish), both of which were involved in the development of what is currently the standard approach for surveying burrowing owls. Leslie summarized by saying that the summer months would be devoted to data collection for the snakes and owl and the TBT would probably not reconvene until late July or August. • i John asked whether the TBT was going to have the opportunity to prioritize the data Ar gaps that existed. John expressed concern that snake surveys should not be pursued at this point to the extent that they break the bank relative to funds available to meet overall / data collection needs associated with HCP preparation and reserve design. Sandy said that she had not thought that the group was prepared at this meeting to identify and prioritize the existing data gaps. The TBT was able.to suggest some information gaps ' including: I� ' 0 Surveying the Tortolita fan for mapping and describing the Ironwood-Paloverde- Mixed Cacti community and embedded xeroriparian communities • Presence /absence of Saguaros (for CFPOs) (Further discussion concluded that this be addressed by including saguaro demographics as part of the protocol for the community mapping and description noted above) • Redefining CFPO habitat (which did not necessarily involve locating saguaros) • Identifying undisturbed desert scrub and relic sand dunes (and undisturbed areas of other habitat types) The question was raised as to whether anyone was addressing these gaps. The feeling of the group was there no one was addressing them. Suggestions were made to use spatial imagery to identify ironwood communities and/or saguaros. This could be coordinated through the Arid Lands program which would have student interns that could do photo interpretation. Andy said that he didn't think that photo interpretation would ` provide any better information, but that Bob Schmozle with Westland Resources had come up with a fairly convincing relationship between soils and Ironwood community. l Andy suggested that Bob be invited to the next meeting to present this information. Diana suggested that Arid Lands be contacted to learn about their experiences with interpreting spatial imagery in the study area, particularly since student interns might be available now. Sandy confirmed that she would contact Arid Lands. Sandy confirmed that the TBT would be meeting mid/early July to consider the data gaps in more detail. John asked if, at that meeting, CHM2Hil1 could present to the group on which special elements had sufficient or insufficient data to be considered. Sandy replied that it could be done, but that the meeting likely would need to be pushed back until end of July or August. 4 . TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: July 15, 2003 AGENDA ITEM: IX. B. 6 TO: Mayor and Council .. FROM: James R. DeGrood, P.E., Development Services Administrator SUBJECT: Progress Update on Town Hall Construction DISCUSSION: Staff will give a brief update on the progress of the Town Hall construction project, together with an updated schedule. RECOMMENDATION: N/A SUGGESTED MOTION: N/A PW /JRD/DMH/12/14 /99 � O � 0 N � CD cn c) (n CD o �f 0 0 • s • • • I�� �� �p � I I 10 0• �- O r< C� � = 0� C= Sy M 0 0 �m 406 CD n CD T T 0 CD --h -ti -_E+, G) 0 (n CD CD O m0m00 � . Q C D CD -� m D 0 -00 3 &0oO�o (D n C CD m _ �- m 0 CD '0 t0 CD � N• Cf) m m � Cl) 0 m m rf � = � ,-� r -n M CD =3 0 r* _. = 0 = M r—F CL (n —S �* O OQ oQc: 0 C<D n� N ='S a 2 Q' - 00 CD • CD < < � p -a CD C: * m m (n C: CD � CD — 5 U) CC � CD S S CD o o n ° m m 0 0 C/) O * ( -0 O O CD c� —I ° Z cD T < 0 m m m 3 3 m m -1 0 i i CDC o ��,o ��,M_� U w n : D Q) o ZT CD 0 :3 0 m (� o C �' �� ton < _ 0 �� O O � . (n n om ,, 9 — �' 3 d-3 CD� �cn �'mrn ( D �.3 �. � � U) 0 U) o �- c� o Cr 9� �. CD C °C �3 0 '0- : c. Cn o CD CD c0 < � (D 0- LT n0 C cn 0 O CD CD 0 : = (D 0 cr 0 O CD r+ O CD U) . O _ � �' (D CD CD _ . ssi M O CD C: < C/) o 0 z 7 C CD' Z5 M 5' r"1 O C: CD * �. n' �.1 n (D CL �- O n O CD O 0 � CD cn O o (f } N :3 �O Qo cn CD (n cr CQ m CD U) CD �' �_ CD (D G 0 SU o ''r U) - �-�- _Q mCD tnC - 0 3 _O U) , � n Sy C) O m O —1- —• — E_ —.a.. 0 CD (D' �. (D• a) O (DD � (Q (t2 m CD 0 3 c 3(Dm- o����3 3 o -" > a�(D C: * C L 0 r-q- 0 (D 3� M = CQ 0 O N tD = CD � 0 - CD CD CD t O O -� � � �. CD CD Q M �2 CD Q ���c,c�n O m � * C) p �N C�0-0 O0= U— tQ CD p Cn " -1 Cl) — 0 c > �n M CD CD CQ �" n U) n Qo M CD ID w CD CD n p C(D ' N O O N �� N � (DD 0O O CD Z CD CD tD n S � (n O CD CAD( O=3 cn Via! ov Cn - n - n �n C�► CD p -� -� -� cn 0 0 cn — cn ° ° CAD CD � C'D C � CD W CD - • � CD — ° CD o c cn --i rt. w ° CD �. ° -v C. 73 CD ° M O M n CL CD CD n Cn CD Ti CD CD (n CD 3 0 O 70 -1- n CD ° ° 3 c C cr 0 CD ° , If o m l 51 mm x io - ----------- ' ' -- ---- --.---.�---------...--..... -... - » N �N