HomeMy WebLinkAboutCouncil Agenda Packet 12/02/2003 i
Y TOWN OF MARANA, ARIZONA
COUNCIL MEETING AGENDA
13251 N. Lou Adams Road
December 2, 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 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 p.m.
ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA.
Amended agenda items appear in italics.
Posted no later than December 1, 2003 by 7.00 o'clock p.m., at the Marana Town Hall, Marana
Police Department, and the Marana Development Services Center. ❑
1
V
TOWN OF MARANA, ARIZONA
COUNCIL MEETING AGENDA
13251 N. Lon Adams Road
i December 2, 2003 - 7:00 p.m.
1. CALL TO ORDER
H. PLEDGE OF ALLEGIANCE
III. INVOCATIONIMOMENT OF SILENCE
IV. ROLL CALL
V. APPROVAL OF AGENDA
VI. ACCEPTANCE OF MINUTES
Minutes of the November 18, 2003 Council Meeting will be in the December 16"' packet for
approval.
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. 2002 -147 Releasing the Assurance Agreement for Continental
Reserve Block 12, Trust No. 757, for Lots 1 -71, and Common Areas "B ", "D" and
"E ", and Acceptance of Public Improvements for Maintenance (Farhad Moghimi)
2. Resolution No. 2003 -148 Releasing the Assurance Agreement for Continental
Reserve Block 14, Trust No. 758, for Lots 1 -82, and Common Areas "B ", " D " and
"E ", and Acceptance of Public Improvements for Maintenance (Farhad Moghimi)
3. Resolution No. 2003 -156: Application for Liquor License: New License for a
Limited Liability Company: Consideration of recommendation to State Liquor
Board for a No. 10 (Beer and Wine store) liquor license application submitted by
2
TOWN OF MARANA, ARIZONA
COUNCIL MEETING AGENDA
13251 N. Lon Adams Road
• December 2, 2003 - 7 :00 p.m.
Robert Duane Mahlstede, on behalf of Catalina Mart, located at 4202 W. Ina Road
(Jocelyn Bronson)
4. Resolution No. 2003 -157 Intergovernmental Agreement with Pima County for the
provision of Transit Services (Jim DeGrood)
5. Resolution No. 2003 -158 Resolution authorizing execution of a purchase agreement
to acquire portions of Tax Parcel No. 219-36-006B for the construction of roadway
improvements at and near the intersection of Tangerine and Thornydale Roads
(Frank Cassidy)
6. Discussion /Direction Reclassification of Police Records Supervisor (Jane Howell)
B. COUNCIL ACTION
1. Resolution No. 2003 -160 2003 holiday employee /family appreciation event (Jane
Howell)
2. PUBLIC HEARING: Ordinance No. 2003.27 and Resolution No. 2003 -154:
Proposed amendment to the Land Development Code of the Town of Marana, by
adding Title 24 — Overlay District Regulations and adding Section 24.01 Silverbell
Road Corridor Overlay District, establishing standards for structures, landscaping
and other improvements on property within the Silverbell Road corridor which
• promote high quality, innovative site design and safe and efficient land usage and
declaring Title 24 and Section 24.01 a public record (Joel Shapiro)
3. PUBLIC HEARING: Ordinance No. 2003.28 and Resolution No. 2003 -155:
Proposed amendment to the Land Development Code of the Town of Marana,
amending Title 8 - General Design Regulations, by adding provisions for
Residential Design requirements for single- family detached housing and declaring
Title 8 and Section 08.06 a public record (Joel Shapiro)
4. Discussion/Direction Request for approval of the restructuring of Development
Services and corresponding consulting services (like Reuwsaat)
5. Discussion/Direction : Staffing Recommendations for reorganization of
Development Services, re- assignment of G.I.S. Division to Development Services
and establishment of N.I.T. Department, with Tony Cassella reclassified from
N.T.T. Manager to N.I.T. Director (Jane Howell)
C. MAYOR AND COUNCIL'S REPORT
D. MANAGERS' REPORT
X. UPCOMING EVENTS
XI. FUTURE AGENDA ITEMS
i
3
Y TOWN OF MARANA, ARIZONA
COUNCIL MEETING AGENDA
13251 N. Lon, Adams Road
• December 2 2003 -- 7;00 p.m.
XH. ADJOURNMENT
Bobby Sutton, Jr., Mayor
4
t
TOWN COUNCIL TOWN
MEETING OF
INFORMATION MARANA
DATE: December 2, 2003
AGENDA ITEM: IX. A. 1
TO: Mayor and Council
FROM: Farhad Moghimi, , P.E., Public Works Director/Town Engineer
SUBJECT: Resolution No. 2003 -147 — Releasing the Assurance Agreement for Continental Reserve
Block 12, Trust No. 757, for Lots 1 -71, and Common Areas "B ", "D" and "E ", and
Acceptance of Public Improvements for Maintenance.
DISCUSSION:
Approval of Resolution 2003 -147 will release the Assurance Agreement between U.S. Home
Corporation, under Trust No. 757 and Title Security Agency of Arizona and the Town of
Marana, regarding Continental Reserve Block 12 as depicted on Exhibit A. The subdivision is
recorded in Book 55 of Maps and Plats, Page 79, Pima. County Recorders Office, Arizona.
In releasing said Assurance Agreement, the Town of Marana will accept for maintenance,
including regulatory traffic control signs and street signs, approximately 0.58 miles of the
following paved streets.
Innutian Court
• Iron Ridge Drive
• Quachilla. Court
• Taltson Drive
• Thelon Court
Tornbat Court
RECOMMENDATION:
Staff recommends that the Town Council release the Assurance Agreement between U.S. Home
Corporation under Trust No. 757 and Title Security Agency of Arizona and the Town of Marana.
SUGGESTED MOTION:
I move to adopt Resolution No. 2003 -147.
11/24/03
MARANA RESOLUTION NO. 2003-147
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA, AUTHORIZING THE RELEASE OF THE ASSURANCE AGREEMENT
BETWEEN U.S. HOME CORPORATION, TITLE SECURITY AGENCY OF ARIZONA, AND
THE TOWN OF MARANA FOR LOTS 1 -71, COMMON AREAS "B ", "D" AND "E ", AND
ACCEPTING FOR MAINTENANCE THE PUBLIC IMPROVEMENTS IN CONTINENTAL
RESERVE BLOCK 12.
WHEREAS, Continental Reserve Block 12 is a is a 30.08 acre subdivision located south of
Pima Farms Road, west of Continental Reserve Loop containing Lots 1 -71, Common Areas `B ",
"D" and "E ", and is recorded at the Pima County Recorder's Office in Book 55 of Maps and Plats,
Page 79; and
WHEREAS, the Town has previously entered into an Assurance Agreement with U.S. Home
Corporation, (beneficiary) under Trust No. 757 and Title Security Agency of Arizona, (trustee),
recorded at the Pima County Recorder's Office at Docket 11767, Page 5086, assuring the completion
of public improvements; and
WHEREAS, U.S. Home Corporation, has completed the public improvements acceptable to
Town standards in accordance with the Assurance Agreement for Continental Reserve Block 12; and
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana
as follows:
Section 1. Continental Reserve Block 12, lots 1 through 71 and Common Areas
"B ", "D" and "E" are hereby released from the Assurance Agreement with U.S. Home Corporation
under Trust No. 757, and Title Security Agency of Arizona.
Section 2. The Town accepts for maintenance, including maintenance of
regulatory traffic control and street signs, 0.58 miles of paved streets for the following
appurtenances, as depicted on Exhibit A:
a. Innutian Court
b. Iron Ridge Drive
C. Quachilla Court
d. Taltson Drive
e. Thelon Court
f. Tornbat Court
Page 1 of 2
Marana, Arizona Resolution No. 2003 -147
PASSED AND ADOPTED by the Mayor and Council of the Town ofMarana, Arizona, this
2 nd day of December, 2003.
ATTEST: Mayor BOBBY SUTTON, JR.
Jocelyn C. Bronson
Town Clerk
APPROVED AS TO FORM:
Frank Cassidy
Town Attorney
Page 2 of 2
Marana, Arizona Resolution No. 2003 -147
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TOWN COUNCIL TOWN
MEETING OF
INFORMATION MARANA
DATE: December 2, 2003
AGENDA ITEM: IX. A. 2
TO: Mayor and Council
FROM: Farhad Moghimi, , P.E., Public Works Director /Town Engineer
SUBJECT: Resolution No. 2003 -148 — Releasing the Assurance Agreement for Continental Reserve
Block 14, Trust No. 758, for Lots 1 -82, and Common Areas "B ", "D" and " E " , and
Acceptance of Public Improvements for Maintenance.
DISCUSSION:
Approval of Resolution 2003 -148 will release the Assurance Agreement between U.S. Home
Corporation, under Trust No. 758 and Title Security Agency of Arizona and the Town of
Marana, regarding Continental Reserve Block 14 as depicted on Exhibit A. The subdivision is
recorded in Book 56 of Maps and Plats, Page 7, Pima County Recorders Office, Arizona.
In releasing said Assurance Agreement, the Town of Marana will accept for maintenance,
including regulatory traffic control signs and street signs, approximately 0.83 miles of the
following paved streets.
• Higgins Feather Drive
• Higgins Feather Court
• Rondure Loop
RECOMMENDATION:
Staff recommends that the Town Council release the Assurance Agreement between U.S. Home
Corporation under Trust No. 758 and Title Security Agency of Arizona and the Town of
Marana.
SUGGESTED MOTION:
I move to adopt Resolution No. 2003 -148.
11/24/03
MARANA RESOLUTION NO. 2003-148
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA, AUTHORIZING THE RELEASE OF THE ASSURANCE AGREEMENT
BETWEEN U.S. HOME CORPORATION, TITLE SECURITY AGENCY OF ARIZONA, AND
THE TOWN OF MARANA FOR LOTS 1 -82, COMMON AREAS "B ", "D" AND "E ", AND
ACCEPTING FOR MAINTENANCE THE PUBLIC IMPROVEMENTS IN CONTINENTAL
RESERVE BLOCK 14.
WHEREAS, Continental Reserve Block 14 is a is a 42.10 acre subdivision located south of
Pima Farms Road, west of Continental Reserve Loop containing Lots 1 -88, Common Areas `B ",
"D" and "E ", and is recorded at the Pima County Recorder's Office in Book 56 of Maps and Plats,
Page 7; and
WHEREAS, the Town has previously entered into an Assurance Agreement with U.S. Home
Corporation, (beneficiary) under Trust No. 758 and Title Security Agency of Arizona, (trustee),
recorded at the Pima County Recorder's Office at Docket 11807, Page 1681, assuring the completion
of public improvements; and
WHEREAS, U.S. Home Corporation, has completed the public improvements acceptable to
Town standards in accordance with the Assurance Agreement for Continental Reserve Block 14; and
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana
as follows:
Section 1. Continental Reserve Block 14, lots 1 through 82 and Common Areas
"B ", "D" and "E" are hereby released from the Assurance Agreement with U.S. Home Corporation
under Trust No. 758, and Title Security Agency of Arizona.
Section 2. The Town accepts for maintenance, including maintenance of
regulatory traffic control and street signs, 0.83 miles of paved streets for the following
appurtenances, as depicted on Exhibit A:
a. Higgins Feather Drive
b. Higgins Feather Court
C. Rondure Loop
Page 1 of 2
Marana, Arizona Resolution No. 2003 -148
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
2 nd day of December, 2003.
ATTEST: Mayor BOBBY SUTTON, JR.
Jocelyn C. Bronson
Town Clerk
APPROVED AS TO FORM:
Frank Cassidy
Town Attorney
Page 2 of 2
Marana, Arizona Resolution No. 2003 -148
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T
TOWN TOWN
COUNCIL OF
MEETING MARANA
INFORMATION
DATE December 2, 2003
AGENDA ITEM: IX. A. 3
TO: Mayor and Council Members
FROM: Jocelyn C. Bronson, Town Clerk
SUBJECT: Resolution No. 2003 -156: Application for Liquor License: New License for a
Limited Liability Company: Consideration of recommendation to State Liquor
Board for a No. 10 (Beer and Wine store) liquor license application submitted by
Robert Duane Mahlstede, on behalf of Catalina Mart, located at 4202 W. Ina Road.
DISCUSSION:
Robert Duane Mahlstede, on behalf of Catalina Mart, is applying for a new No. 10 (Beer
and Wine Store) liquor license for premises located at 4202 W. Ina Road. The business is
in compliance, and the Marana Police Department, showing no record on file, has
completed a background check.
i In accordance with the State of Arizona Guide to Arizona Liquor Laws, the Clerk's office
has received two copies of an application for a spirituous liquor license from the State
Department of Liquor Licenses & Control. One copy of the application has been posted
on the front of the proposed licensed premises for 20 days prior to this meeting.
The Council, as the appropriate governing board, must hold a meeting and either approve,
disapprove or offer a "no- recommendation" decision on the application. This action must
take place within 60 days of the filing of the application. During the time the governing
body is processing the application, the Department will conduct a background check of
the applicant.
If the application is approved at the appropriate government level, and no written protests
have been received by the Department, and if there is no objection by the Director, the
application will be approved. This process normally takes 90 days after the filing of the
application.
If the governing body disapproves the application or offers a "no- recommendation"
decision, or if protests have been filed with the Department, the application must be set
for a hearing before the State Liquor Board. The hearing may be conducted by the board
or by a designated hearing officer. The purpose of a hearing is to consider all evidence
and testimony in favor of or opposed to the granting of a license. The applicant for a new
license bears the burden of demonstrating his or her "capability, qualifications and
reliability" and that the granting of a license is in "the best interest of the community"
except that, in a person -to- person transfer, an applicant need only prove his or her
"capability, qualifications and reliability ". An applicant in a location -to- location transfer
need only prove that the granting of the license is in the "best interest of the community ".
ADMIN/JCE/11/24/03/6:21 PM
The decision by the Board to grant or deny an application will normally take place within
105 days after the application has been filed, unless the director deems it necessary to
extend the time period. A.R.S. 4 -201, 4- 201.01, 4 -203; Rule R-4 -15 -102.
RECOMMENDATION:
Robert Duane Mahlstede, on behalf of Catalina Mart, located at 4202 W. Ina Road, has
applied to the State of Arizona Department of Liquor License & Control for a new No. 10
(Beer and Wine store) liquor license and has met the posting requirements. The office of
the Town Clerk has received no comments in favor or against the application. Staff
recommends consideration of approval of this liquor license.
SUGGESTED MOTION:
I move to approve Resolution No. 2003 -156.
ADMIN/JCE/II/24/03/6:21 PM
t
MARANA RESOLUTION NO. 2003-156
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, RECOMMENDING THE APPROVAL OF AN
APPLICATION FOR A NEW LICENSE BY A LIMITED LIABILITY CO. OF A
NO. 10 (BEER AND WINE STORE) LIQUOR LICENSE SUBMITTED BY
ROBERT DUANE MAHISTEDE ON BEHALF OF CATALINA MART, FOR
PREMISES LOCATED AT 4202 W. INA ROAD.
WHEREAS, pursuant to A.R.S. Section 4 -201, the Town Council of the
Town of Marana is empowered to recommend approval or disapproval of a
liquor license request to the Arizona Department of Liquor Licenses and Control;
and
. WHEREAS, Robert Duane Mahlstede has applied for a new liquor license
by a limited liability company of a No. 10 (Beer and Wine store) liquor license
for the premises known as Catalina Mart, located at 4202 W. Ina Road; and
WHEREAS, Town staff filed one copy of the application in the office of the
Town Clerk, and posted the other on the front of the premises at 8401 N. Scenic
Drive for 20 days along with a statement requiring any bona fide resident
residing, owning, or leasing property within a one mile radius in favor of or
opposed to such issuance of the license to file written arguments in favor of or
opposed to such issuance with the Town Clerk; and
WHEREAS, the Town Council considered all statements filed by the
applicant and any bona fide resident at a public meeting on December 2, 2003,
and has determined that it is in the best interests of the Town and its citizens that
the application for a new No. 10 (Beer and Wine store) liquor license for Catalina
Mart, located at 4202 W. Ina Road be approved.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the
Town of Marana, Arizona, that the Town recommends approval of the
application filed by Robert Duane Mahlstede for a new No. 10 (Beer and Wine
store) liquor license for Catalina Mart, located at 4202 W. Ina Road.
Marana Resolution No. 2003 -156 Page 1 of 2
N
PASSED AND ADOPTED by the Mayor and Council of the Town of
• Marana, Arizona, this 2nd day of December, 2003.
Mayor BOBBY SUTTON, JR.
ATTEST;
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Marana Resolution No. 2003 -156 Page 2 of 2
t
TOWN COUNCIL TOWN
MEETING OF
INFORMATION MARANA
DATE: December 2, 2003
AGENDA ITEM: IX. A. 4
TO: Mayor and Council
FROM: James R. DeGrood, P.E., Development Services Administrator
SUBJECT: Resolution No. 2003 -157 Intergovernmental Agreement with Pima County
for the provision of Transit Services.
DISCUSSION:
The Pima County Department of Transportation and Flood Control District has prepared an
intergovernmental a greement f or t he T own o f M arana t o e xecute t o allow f or t he c ontinued
provision of transit services to citizens of the Town of Marana. At present, two services are
provided within the Town. The first is the Pima County Rural Transit Service, which operates
through the northern portion of M arana and A vra V alley, r unning t o t he O range G rove a nd
Thornydale intersection. This service has been in place for a number of years, making four
daily r uns. T he frequency of service, extent of route, and pickup points within the Town of
Is Marana will remain unchanged.
The second service provided is the Route 16 (Ina Rd.) service which is currently operated by
SunTran.. This service makes 27 trips per weekday and 14 trips on Saturdays using a
conventional transit bus service, making stops in the business area at Ina and Thornydale
Roads.
Pima County proposes to assess a proportionate cost for these services based upon their existing
contracts with their transit providers SunTran and AT &T Transportation. The net impact of
this will be $67,400.07 for fiscal year 2003 -2004.
RECOMMENDATION:
Staff recommends approval of Resolution No. 2003 -157.
SUGGESTED MOTION:
I move to approve Resolution No. 2003 -157.
H:WDMIN %BLUESHET\BLUESHEE12003N 2- 2- 03BLUESHEETigaPimaCoTransitSvcs .doc
t
MARANA RESOLUTION NO. 2003-157
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA, APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN
INTERGOVERNMENTAL AGREEMENT WITH PIMA COUNTY FOR THE PROVISION
OF TRANSIT SERVICES WITHIN THE TOWN OF MARANA.
WHEREAS, A.R.S. § 11 -952 grants the Town the authority to enter into Intergovernmen-
tal Agreements; and
WHEREAS, Pima County and the Town of Marana may contract for services and enter
into agreements with one another for joint or cooperative action pursuant to A.R.S. § 11 -951, et
seq.; and
WHEREAS, the Town has previously entered into a cost - sharing agreement with Pima
County for the provision of transit services within the Town of Marana; and
WHEREAS, the Town of M arana and P ima C ounty d esire t o c ontinue j ointly p rovide
these services through the periodic renewal of Intergovernmental Agreements; and
WHEREAS, the Town of Marana and Pima County have negotiated a contract wherein
the Town will pay Pima County the amount of $67,400.07 for the provision of transit services for
FY 2003 -04.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Ma-
rana, Arizona, approving and authorizing the Mayor to execute an intergovernmental agreement
with Pima County for the purpose of providing public transmit services within areas of the Town
of Marana, and authorizing Town staff to undertake all other tasks required to carry out the
terms, obligations and objectives of the intergovernmental agreement.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 2" day of December, 2003.
Mayor BOBBY SUTTON, JR.
ATTEST:. APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
Resolution No. 2003 -157
t
7
INTERGOVERNMENTAL AGREEMENT BETWEEN THE
TOWN OF MARANA AND PIMA COUNTY
FOR SHARING OF COSTS INVOLVED IN THE
PROVISION OF PUBLIC TRANSIT SERVICES
TO CERTAIN AREAS OF PIMA COUNTY AND THE TOWN OF MARANA
THIS INTERGOVERNMENTAL AGREEMENT, entered into pursuant to
Arizona Revised Statutes (A.R.S.) Title 11, Chapter 7, Article 3, by and between:
THE TOWN OF MARANA, a municipal corporation
(hereinafter referred to as the "City "),
-and
THE COUNTY OF PIMA, a body politic and
corporate, a political subdivision of the
State of Arizona (hereinafter
referred to as the "County ");
WITNESSETH -
WHEREAS, the County currentlyprovides funding for public transit services which include paratransit service for
persons with disabilities, portions of which operate within the Town of Marana; and
WHEREAS, the Town has determined that it is in the best interest of the residents of the Town of Marana, who
benefit from the services, to provide funding for those portions of the public transit services that operate within the corporate
limits of the Town; and
NrBEREAS, the Town and Countymay contract for services and enter into agreements with one another for joint
or cooperative action pursuant to the provisions of A.R.S. Section 11 -951, et sec;
NOW, THEREFORE, the Town and the Countypursuant to the above, and in consideration ofthe matters and
o n g s hereinafter set forth, do mutually agree as follows:
Marana - PC Transit IGA
t
O CTION 1. PURPOSE
The purpose ofthis Agreement is to set forth the responsibilities and obligations of the parties for the provision of transit
and paratransit services within the corporate limits of the Town of Marana, and within ADA mandated service areas.
SECTION 2. MANNER OF FINANCING AND BUDGET
The Town agrees to paythe County, uponpresentation of quarterly invoices, all costs and charges incurredbythe County
to provide public transit services to the Town. Payments shall be due and payable within thirty (30) days after presentation
to the Town. The County agrees to compile invoices for three (3) month intervals and present them quarterly to the Town.
The invoices presented to the Town shall be for the actual number of transit trips provided during the quarter and for subsidy
costs to provide public transit service in the Town, which represents actual expenses incurred less actual fare revenues and
other credits.
SECTION 3. OBLIGATIONS OF TOWN AND COUNTY
3.1. The Town agrees to payits share of costs to provide public transit services, based on the total costs incurredby
the County to provide the public transit services as set forth in Attachment 2, attached hereto and incorporated by
reference and made a part of this Agreement.
0 2. The Town agrees to pay for the delivery ofparatransit service to those town residents who are ADA eligible.
Charges will be a pass through of actual cost per trip. Service shall be provided by Van Tran, the City of Tucson's
paratransit provider of complementary paratransit service, in conjunction with Sun Tran fixed routes, and in
accordance with the terms and conditions of the contract between Pima County and the City of Tucson.
3.3. The Town and County agree on the services to be provided bythe County, and on the route or routes, schedules
and mileage affecting this Agreement, and the corresponding portion of said routes contained within the Town, as
set forth in Attachment 1:
3.4. The routes, mileage, amounts, totals, and any other provisions of Attachments 1 or 2 or Paragraph B of this Section
maybe amended by the parties at anytime, through mutual approval in writingbythe CountyAdmi_nistrator and
the Town Manager, following forty-five (45) days written notice ofthe desired amendment. Upon such approval,
an amended attachment shall be recorded with the office of the Pima County Recorder.
3.5. The County shall provide the Town with quarterly performance reports for each of the routes contained in
Attachment 1 and for transit services provided in accordance with this Agreement. The reports for services
described in Attachment 1 shall contain, at a minimum, information regarding ridership, fare revenues, and costs
during the three (3) month reporting period. The reports for transit services shall list the number of trips (one way)
per quarter for each designated client.
0 . 6 . The County shall present quarterly invoices of all costs and charges incurred bythe Countyto provide public transit
Marana - PC Transit IGA 2
services to the Town pursuant to this agreement and Attachment 2. Said invoices shall be compiled for three (3)
0 month intervals and payments shall be due and payable thirty (30) days after presentation to the Town. The
invoices presented to the Town shall be for the actual number of transit trips provided during the quarter, and for
subsidy cost to provide public transit service in the Town, which represents actual expenses incurred, less actual
fare revenues and other credits.
SECTION 4. EFFECTIVE DATE AND DURATION OF AGREEMENT
This Agreement shall be effective upon filing a fully executed copy with the Office of the Pima CountyRecorder, and shall
remain in full force and effect until July 1, 2004, unless sooner terminated or further extended pursuant to the terms of this
Agreement. This Agreement maybe renewed for up to four additional one year terms upon annual amendments signed by
the parties.
SECTION 5. ON
This Agreement maybe terminated at anytime upon sixty (60) days written notice from the terminating party to the other.
Such termination shall not relieve either party from those liabilities or costs already incurred under this Agreement.
SECTION 6 . COMPLIANCE WITH LAWS
The parties shall complywith all applicable federal, state, and local laws, rules, regulations, standards, and executive orders,
luding but not limited to the following:
a. Theprovisions ofArizonaRevised Statutes Sec. 41 -1463 andExecutive OrderNumber75 -5 as amendedby
Executive Order 99 -4, issuedbythe Governor of the State ofArizona, and, where not inconsistent therewith, the
-provisions ofthe Tucson Code Section 17 -21 and Pima County Ordinance Number 1974 -10, are incorporated
by this reference as a part of this Agreement.
b. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-
336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and
36.
c. This Agreement is subject to the provisions of A.R.S. §38 -511.
SECTION 7. LEGAL JURISDICTION
Nothing in this Agreement shall be construed as either limiting or extending the legal j urisdiction of either the City or the
County.
SECTION 8. LIMITATION OF LL. B TY
gWt ch party (as "indemnitor ") agrees to indemnify, defend, and hold harmless the other party (as "indemnitee'� from and
amst any and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees)(hereinafter collectively
Marana - PC Transit IGA 3
referred to as "claims') arising out of bodily injury of any person (including death) or property damage but only to the extent
uch claims which result in vicariousiderivative liability to the indemnitee, are caused by the act, omission, negligence,
Mconduct, or other fault of the indemnitor, its officers, officials, agents, employees, or volunteers.
SECTION 9. APPROPRIATION OF FUNDS
Each party represents that it has, within its respective budget, sufficient funds to discharge the obligation and duties assumed
under this Agreement. Should eitherparty fail to obtain continued funding during the term ofthis Agreement through a failure
of appropriation or approval of funds, then in that event this Agreement shall be deemed to terminate by operation of law.
In such event, termination shall be effective on the last day of the year for which funds have been appropriated or approved.
SECTION 10. NOTICE
Any notice required or permitted to be given under this Agreement shall be in writing and shall be served by delivery or by
certified mail upon the other party as follows:
If to the Town:Mike Hein
Town of Marana
13251 North Lon Adams Road
Marana, Arizona 85653
the County: Clerk, Pima County Board of Supervisors
130 West Congress
Tucson, Arizona 85701
With copies to Kurt Weinrich, P.E., Director
Pima County Department of Transportation and Flood Control
201 North Stone Avenue, Y Floor
Tucson, Arizona 85701
Or to such other addresses as either party shall designate in writing.
SECTION 11. FORCE MAJEURE
The omission of the performance or failure to render any services required by this agreement because of an act of God,
inevitable accident, fire, lockout, strike or other labor dispute, riot, act of government or governmental instrument or
instrumentality (whether federal or state), or failure of equipment or facilities not due to inadequate maintenance shall not
constitute a breach ofthis agreement or failure ofperformance by the County or Town; provided, however, that the Town
shall not be obli gated to make any payment to the County with respect to any services not actually rendered by the County
to the Town pursuant to the terms of this agreement due to any cause contemplated in this paragraph.
Marana PC Transit IGA 4
SECTION 12. MODIFICATION BY AMENDMENT
I ts A eementmaybemodifiedbythepartiesatanytimeuponwrittenamendmentexecutedbytheparti .The
shall share all costs of revising this Agreement.
SECTION 13. NO ACQUIRED INTERESTS
Neither the Town or the County, by this Agreement, acquires right, title or interest in the other's transportation servi+
SECTION 14. SEVERABILITY
In the event that anyprovision of this Agreement or the application thereof is held invalid, such invalidation shall have no
effect on other provisions and other than their application which can be given effect without the invalid provision or
application and to this end the provisions of this Agreement are severable.
SECTION 15. REMEDIES
Either party may pursue any remedies provided by law for the breach of this Agreement. No right or remedy is
intended to be exclusive of any other right or remedy and each shall be cumulative and in addition to any other right
remedy existing at law or in equity or by virtue of this Agreement.
IN WITNESS WHEREOF, the parties have entered into this Agreement as indicated by the signatures and
*es written below.
TOWN OF MARANA: ATTEST:
Mayor Clerk for the Town
Date: Date: _
PIMA COUNTY BOARD OF SUPERVISORS ATTEST:
Sharon Bronson, Chair Clerk of the Board
Date: Date:
Marana - PC Transit IGA 5
Recommended to the Board:
Kurt Weinrich, P.E., Director
Pima County Department of Transportation and Flood Control
Pursuant to A.M. § 11 -952 (D), the attorneys for the governmental entities which are the parties to this Agreement have
determined that the foregoing is in proper form and is within the powers and authority of the parties as granted under the
laws of the State of Arizona.
Town Attorney Deputy County Attorney
Date: Date: ,! 3
Marana - PC Transit IGA 6
ATTACHMENT 1
The routes and mileages for the cost sharing agreement between Pima County and the Town of
Marana for Fiscal Year 2003 -2004 (July 1, 2003 through June 30, 2004) shall be as follows:
Sun Tran Service
Route 16 - Ina Road Service, portion within the Town of Marana:
Service includes 256 weekdays and 52 Saturdays of service; 27 trips per weekday
and 14 trips per Saturday; and 1.3 miles per round trip within the Town Limits.
Marana Route Miles: 9,931
Pima Countv Rural Transit Service
Marana Service Area route - Pima County IGA with Arizona Department of Transportation:
Service includes 256 service days, 4 trips per day, and 82 miles per round trip from Avra Valley
to Thornydale Road at Orange Grove Road.
Total Route Miles: 83,968
Marana Service Area route, portion within the Town of Marana:
Service includes 256 service days, 4 trips per day, and 45 miles per round trip within the Town
Limits.
Marana Route Miles: 46,080
Percentage of Total: - 54.8%
1
ATTACHMENT 2
'
Amounts to be paid by the Town of Marana to Pima County for public transit services provided
in
FY 2003 -2004 (July 1, 2003 through June 30, 2004), within the Town limits shall be calculated
as follows.
Pima Count Rural Transit Service -
Marana Service Area Route, Pima County Subsidy
$ 102,548.00
Total Route Cost
(per County IGA with -ADOT) $22,561.00
Required Fare Recovery (p $5,024.00
Estimated Fare Recovery $17,537.00
Fare Differential (Required minus Actual)
7.00
98,
Net Cost (Total Cost minus Required Fare Recovery) $39, $79$79,98
Federal Share (Section 5311 funds) $39,993.00
Local Share
Total Local Share (Fare Differential plus Local Share)
$57,530.00
Town of Marana share of the Pima County
Rural Route $31,526.00
(54.8% of the total route miles are within the Town)
Sun 'ran Service
Route 16 miles within the Town of Marana
1.3 miles per trip
FY 2003 -2004 256 weekdays 27 trips per day
52 Saturdays 14 trips per day
Total weekday Route 16 miles 8,985
Total Saturday Route 16 miles 946
Grand total Route 16 miles 9,931
1
t
•
Cost Elements 9,931.00
Total annual miles (Marana) $4.3611
Cost per mile $0.0722
Depreciation per mile $0.2312
Federal assistance per mile $0.5322
Revenue per mile
Estimated Expenses
Mileage cost $ $43,310.00
(Miles x cost per mile)
Depreciation cost $143.40
(Depreciation per mile x miles x 20 %)
Total expenses $43,453.40
Revenue Adjustments
• $5,283.29
Farebox Revenue
Revenue per mile x miles
Capitol assistance $2,296.04
Federal assistance x miles
Total revenue $7,579.33
$43,453.40
Expenses $7,579.33
Less Revenues
Total Sun Tran Expense $35,874.07
Total Pima County Rural Route Expense $31,526.00
(From previous page)
Grand Total Town of Marana Ex ease $67,400.07
9
TOWN COUNCIL TOWN
MEETING OF
INFORMATION MA][ZANA
DATE: December 2, 2003
AGENDA ITEM: IX. A. 5
TO: Mayor and Council
FROM: Frank Cassidy, Town Attorney
SUBJECT: Resolution No. 2003 -158: Resolution authorizing execution of a purchase agreement to
acquire portions of Tax Parcel No. 219- 36 -006B for the construction of roadway
improvements at and near the intersection of Tangerine and Thornydale Roads.
DISCUSSION:
This item authorizes the Mayor to execute a real estate purchase agreement with the Wilson
Family Trust to acquire property at the northwest corner of Tangerine and Thornydale Roads
needed for the construction roadway improvements. Specifically, the Town needs fee simple
ownership of a 0.293 acre triangle of property at the corner and a temporary construction
easement over a 5250 square foot strip of property along Tangerine Road. This property was the
subject of condemnation proceedings authorized by Resolution No. 2003 -15, approved on
October 7, 2003. The condemnation proceedings will be dismissed upon close of escrow.
RECOMMENDATION;
Staff recommends the approval of Resolution No. 2003 -158.
SUGGESTED MOTION:
I move to approve Resolution No. 2003 -158.
4
MARANA RESOLUTION NO. 2003-158
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA, AUTHORIZING THE EXECUTION OF A REAL ESTATE PURCHASE
AGREEMENT WITH THE WILSON FAMILY TRUST.
WHEREAS, the Town of Marana has negotiated the acquisition of property rights needed
from Tax Parcel No. 219 36 006B for the construction of the roadway improvements at and near
the intersection of Tangerine and Thornydale Roads in the Town of Marana.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, authorizing the Town of Marana to enter into and the Mayor to execute the
"Real Estate Purchase Agreement" with the Wilson Family Trust in the form attached as
Exhibit A to and incorporated in this Resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 2nd day of December, 2003.
Mayor BOBBY SUTTON, JR.
ATTEST: APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
Marana Resolution No. 2003 -158 11/25/2003 5:11 PM
a
REAL ESTATE PURCHASE AGREEMENT
r into b and between the TOWN OF MAR.ANA,
THIS AGREEMENT �s made and entered y
an Arizona municipal corporation, (the "Town ") and CHARLES WILSON AND JEAN F. WILSON,
Co- Trustees of the Wilson Family Trust dated April 21, 1981 (the "Wilson Family Trust "). The
Town and the Wilson Family Trust are sometimes collectively referred to as the "Parties," who are
sometimes individually referred to as the "Party."
RECITALS
A. The Wilson Family Trust owns the real property described on the attached Exhibit A.
B. The Town desires to purchase the real property described on Exhibit B and to obtain
a construction easement for a period of eight (8) months on the real property described on Exhibit
C.
C. The Wilson property described in Exhibit A is subject to a grazing lease held by Jack
and Phyllis Carlisle.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants
set forth in this agreement, the Parties hereby agree as follows:
1. The Wilson Family Trust hereby agrees to sell to the Town and grant a construction
Page 1
c
easement to the Town, and the Town agrees to purchase from the Wilson Family Trust and obtain
a construction easement in connection with the following described properties, on the terms and
conditions set forth in this Agreement:
(A) All of the Wilson Family Trust's right, title and interest in the real property described
on the attached Exhibit B, and
(B) An eight -month right to enter and use the Temporary Construction Easement over the
land described on the attached Exhibit C.
ESCROW
2.(A) The parties shall establish an escrow with Lawyer's Title of Arizona (the "Escrow
Agent ") by delivering an executed copy of this Agreement to Escrow Agent. Upon delivery to the
Escrow Agent of an executed copy of this Agreement, the Escrow Agent is instructed to open an
escrow and deliver fully executed copies ofthis Agreement to the Wilson Family Trust and the Town.
(B) This Agreement, and any exhibits attached to it, shall constitute escrow instructions
to Escrow Agent in connection with this transaction. Should the Escrow Agent require, in addition
to this Agreement, the execution ofits standard form printed Escrow Instructions, the Escrow Agent
shall prepare such Escrow Instructions in accordance with the directions contained in this Agreement
and in a form mutually acceptable to the Parties and the Parties shall execute such Escrow
Instructions on receipt from the Escrow Agent. The Escrow Instructions shall not supersede, modify
or amend any of the terms of this Agreement, and in the event of any conflict or ambiguity between
any ofthe terms of this Agreement and those ofthe Escrow Instructions, this Agreement shall govern
Page 2
r
and control.
3. Opening and Closing Dates. "Opening of Escrow" shall occur when an executed
copy ofthis Agreement is delivered to Escrow Agent in accordance with Paragraph 2(A) above. The
closing of this transaction (the "Closing" or the "Close of Escrow ") shall take place on a date
mutually acceptable to the Parties (the "Scheduled Closing Date "), not more than thirty days from
and after the effective date of this Agreement.
4. Purchase Price. The purchase price for the property shall be Twelve Thousand
($12,000.00) Dollars payable at Close of Escrow.
5. ClosingMatters
(A) On or before the Scheduled Closing Date, the Wilson Family Trust shall deposit with
the Escrow Agent, for delivery to the Town at the time of Closing, the following items which shall
be duly executed and acknowledged (where applicable);
(i) A special warranty deed conveying to the Town fee simply title to the real property
described on the attached Exhibit B, subject to all matters of record,
(ii) A Temporary Construction Easement granting to the Town an eight (8) month use
of the land for construction purposes - the land being described on the attached Exhibit C
(iii) A disclaimer of interest in a form provided by the Town, executed by Jack and
Phyllis Carlisle, disclaiming any and all interest in the subject property described on the attached
Exhibits B and C.
(iv) An affidavit ofthe Wilson Family Trust's non- foreign status, as required pursuant
to Paragraph 7 below.
(B) Escrow Agent is hereby instructed to furnish and deliver to the Town, at the Close of
Page 3
Escrow, a standard owner's title insurance policy (or a policy with such additional coverage and /or
endorsements as the Town has requested), issued as of the Close of Escrow, insuring the Town that
the Town has acquired good and marketable fee simple title to the Property in the amount of the
purchase price, subject only to 0) title exceptions accepted by the Town and (ii) the printed
exceptions and conditions customarily set forth in Escrow Agent's standard (or extended, if
applicable) form owner's policy of title insurance. The Town shall be responsible for the cost of the
title insurance policy.
(C) Immediately upon Closing, Escrow Agent is hereby instructed to record the special
warranty deed, deed of easement and disclaimer (see Paragraphs 5(A)(i), (A)(ii), and (A)(iii) above)
in the office of the Pima County Recorder.
(D) Real property taxes and any similar current charges against the Property will be pro-
rated as of the last day. immediately preceding the Close of Escrow. The Town shall assume all
assessments as of the closing date.
(E) Escrow fees shall be borne by the Town and, unless provided elsewhere in this
Agreement to the contrary, all other closing costs shall be charged and paid for by the Town.
6. Brokers' Commissions and Fees The Town and the Wilson Family Trust warrant,
each to the other, that there are no fees or commissions owing to any broker or other party for
bringing about the sale contemplated by this Agreement. If any person shall assert a claim to a fee,
commission or other compensation on account of alleged employment as a broker or finder or for
performance of services as a broker or finder in connection with this transaction, the party under
whom the broker or finder is claiming shall indemnify and hold harmless the other party against and
from any such claim and all costs, expenses, and liabilities incurred in connection with such claim or
Page 4
l
any action or proceeding brought thereon (including, but without limitation, counsel and witness fees
and court costs in defending against such claim.)
7. Affidavit of Non Foreign Status; IRS Form 1099b. The Wilson Family Trust shall
deliver or cause to be delivered to Escrow Agent at the Close of Escrow an affidavit executed by the
Wilson Family Trust under penalty of perjury setting forth the Wilson Family Trust's taxpayer
identification number and stating that the Wilson Family Trust is not a foreign person, in accordance
with Internal Revenue Code Section 1445(b)(2). The Wilson Family Trust shall also execute and
deliver to Escrow Agent at the Close of Escrow a copy of IRS Form 1099B for filing by Escrow
Agent with the internal Revenue Service (the "IRS "). Escrow Agent, as the party responsible for
closing the transaction contemplated hereby within the meaning of Section 6045(e)(2)(A) of the
Internal Revenue Code of 1986, as amended (the "Code "), is instructed to file all necessary
information reports, returns and statements regarding the transaction required by the Code, including,
but not limited to, the reports required pursuant to Section 6045 of the Code.
8. Relocation of Fencing. Along the boundaries of the Wilson Property as modified by
this Agreement, the Town or its contractors shall construct and maintain at all times during
construction stock -tight fencing of a quality and type at least as good as what currently exists on the
Wilson Property. Specifically, the Town or its contractor shall:
(A) Relocate the stock -tight fencing from the east and south portions of the land described
on the attached Exhibit B to the west boundary of the land described on said Exhibit B.
(B) As necessary for construction, relocate the stock -tight fencing from within the real
property described on the attached Exhibit C to the north boundary of the land described on the
attached Exhibit C and return the fencing to its pre - construction location upon completion of the
Page 5
entire construction project.
The Town shall agree to hold said Wilson Family Trust harmless from any and all liability
which they may incur as a result of the relocation of said fences and this provision for hold harmless
from liability shall survive the Closing of this transaction.
9. Notices. All notices, requests and other communications under this Agreement shall
be given in writing and either (i) personally served on the party to whom it is given, or (ii) mailed by
registered or certified mail, postage prepaid, return receipt requested, or (iii) sent by private overnight
courier such as Federal Express or Airborne, or (iv) transmitted by facsimile (provided that a
confirming copy of the facsimile transmission is mailed on the date of such transmission), addressed
as follows:
If to theTown:
TOWN OF MARANA
13251 N. Lon Adams Road
Marana, Arizona 85653 -9723
(520) 682 -3401
Fax (520) 682 -9026
If to the Wilson Family Trust:
Charlie Wilson
P.O. Box 32618
Tucson, AZ 85751
(520) 885 -6284
All notices shall be deemed given when delivered or transmitted by facsimile or, if mailed as provided
above, on the second day after the day of mailing, and if sent by overnight courier, on the next day
after the date of deposit with the courier. Any party may change its address for the receipt of notices
at any time by giving written notice thereof to the other parties in accordance with the terms of this
Page 6
section. The inability to deliver notice because of a changed address of which no notice was given,
or rejection or other refusal to accept any notice, shall be deemed to be the effective receipt of the
notice as of the date of such inability to deliver or rejection or refusal to accept.
10. Miscellaneous.
(A) This Agreement may not be modified except in a writing signed by the Parties.
(B) Time is of the essence of this Agreement.
(C) This Agreement shall be governed by and interpreted in accordance with the laws of
the State of Arizona, and any lawsuit to enforce any provision of this Agreement or to obtain any
remedy with respect to this Agreement shall be brought in the Pima County Superior Court, and for
this purpose the Parties expressly and irrevocably consent to the jurisdiction of the Pima County
Superior Court.
(D) If either of the Parties fails to perform any of its obligations under this Agreement or
if a dispute arises concerning the meaning or interpretation of any provision of this Agreement, the
defaulting party or the party not prevailing in the dispute, as the case may be, shall pay any and all
costs and expenses incurred by the other party in enforcing or establishing its rights under this
Agreement, including, without limitation, court costs and reasonable attorneys' fees._
(E) The captions and section numbers appearing in this Agreement are inserted only as a
matter of convenience, and do not define, limit, construe or describe the scope or intent of such
sections or articles of this Agreement.
(F) This Agreement may be executed in multiple counterparts, each of which shall, for all
purposes, be deemed an original and all of which, taken together, shall constitute one and the same
agreement.
Page 7
(G) This Agreement shall be binding upon and inure to the benefit of the Parties and their
respective successors in interest and assigns; provided, however, that no assignment of this
Agreement shall in any way relieve the assignor of its obligations under this Agreement.
r
(IT) This Agreement is subject to A.R.S. §38 -511, which provides for cancellation of
contracts in certain instances involving conflicts of interest.
(I) Exhibits referred to in this Agreement are attached to and incorporated by reference as if
Y
i
set forth in full in this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set
E:
forth below their respective signatures, which shall be the effective date of this Agreement.
THE TOWN: THE WILSON FAMILY TRUST:
THE TOWN OF MARANA, An Arizona CHARLES WILSON and JEAN F. WILSON,
municipal corporation Co- Trustees of the Wilson Family Trust dated
Apri121, 981 .
By:
Bobby Sutton, Jr., Mayor Cha es Wilson
Date: Date:— ?.-D 0
ATTEST: - -
Jocelyn C. Bronson, Clerk j� n F. Wilson
Date: /. 02 G aDO
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Page 8
STATE OF ARIZONA )
)ss
COUNTY OF PIMA )
The foregoing instrument was acknowledged before me on
2003 by Charles and Jean F. Wilson, Trustees of the Wilson Family Trust dated April 21, 1981, on
behalf of the Trust
My Commission expires:
Page 9
EXHIBIT A
LEGAL DESCRIPTION
THE SOUTH 1040 FEET OF THE EAST HALF OF SECTION 31, TOWNSHIP
11 SOUTH, RANGE 13 EAST, GILA AND SALT RIVER MERIDIAN, PIMA
COUNTY, ARIZONA
EXCEPT THE EAST 30 FEET LYING WITHIN THORNYDALE ROAD AS
ESTABLISHED BY INSTRUMENT RECORDED IN DOCKET 1064, PAGE 205,
RECORDS OF PIMA COUNTY, ARIZONA; AND
EXCEPT THE SOUTH 50 FEET LYING WITHIN TANGERINE ROAD
ACCORDING TO BOOK 7 OF ROAD MAPS, PAGE 83, RECORDS OF PIMA
COUNTY, ARIZONA, AND
EXCEPT ANY PORTION LYING WITHIN CAMINO DE MANANA ROAD NO.
220, ACCORDING TO BOOK 2 OF ROAD MAPS, PAGES 1 TO 4 INCLUSIVE,
RECORDS OF PIMA COUNTY, ARIZONA.
r -
EXHIBIT B
i
LEGAL DESCRIPTION
RIGHT -OF -WAY
A PORTION OF THE SOUTH 1040 FEET OF THE EAST HALF OFALT RIVER 31, TOWNSHIP 11 SOUTH, RANGE 13 EAST, GIL A
MERIDIAN, PIMA COUNTY, ARIZONA, SAID PORTION BEINGDESCRIBED
AS FOLLOWS:
CON vIENCING AT THE SOUTHEAST CORNER OF SAID SECTION 31.
THENCE NORTH 00 0 06'40" WEST, ALONG THE EAST LINE OF SAID
SECTION 31, ADISTANCE OF 50.00 FEET TO THE NORTH RIGHT -OF -WAY
LINE OF TANGERINE ROAD AS SHOWN IN BOOK 7 OF ROAD MAPS AT
PAGE 83, RECORDS OF SAID PIMA COUNTY;
THENCE SOUTH 89 0 3434" WEST, ALONG SAID O NORTH FEET THE WEST
LINE OF TANGERINE ROAD, A DISTANCE OF 30.00
RIGHT -OF -WAY LINE OF THORNYDALE ROAD AS DESCRIBED IN
ESTABLISHMENT PROCEEDINGS NO. 273A, SAID POINT BEING THE
i POINT OF BEGINNING;
THENCE SOUTH 89 0 34'34" WEST, CONTINUING ALONG SAID NORTH
RIGHT -OF -WAY LINE OF TANGERINE ROAD, A DISTANCE OF 78.64 FEET;
THENCE NORTH 13 EAST A DISTANCE OF 333.95 FEET TO THE
AFORESAID WEST RIGHT -OF -WAY LINE OF THORNYDALE ROAD;
THENCE SOUTH 00 0 06'40" EAST, ALONG SAID WEST RIGHT -OF -WAY
LINE OF THORNYDALE ROAD, A DISTANCE OF 324.13 FEET TO THE
POINT OF BEGINNING.
SAID PORTION CONTAINING 12,745 SQUARE FEET OR 0.293 ACRES,
MORE OR LESS.
•R
Y ..
EXHIBIT C
•
LEGAL DESCRIPTION
15'X 350' TEMPORARY CONSTRUCTION EASEMENT
A TEMPORARY CONSTRUCTION EASEMENT OVER A PORTION OF THE
SOUTH 1040 FEET OF THE EAST HALF OF SECTION 31, TOWNSHIP 11
SOUTH, RANGE 13 EAST, GILA AND SALT RIVER MERIDIAN, PIMA
COUNTY, ARIZONA, DESCRIBED AS FOLLOWS:
COMMENCING AT A BRASS CAP SURVEY MONUMENT AT THE
NORTHEAST CORNER OF SECTION 6, TOWNSHIP 12 SOUTH, RANGE 13
EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA
(FROM WHICH ABRASS CAP SURVEY MONUMENT AT THE SOUTHWEST
CORNER OF SAID SOUTH 1040 FEET OF THE EAST HALF OF SAID
SECTION 31 BEARS SOUTH 89 °47'48" WEST, A DISTANCE OF 2516.44
FEET);
THENCE SOUTH 89 WEST ALONGTHE SECTION LINE COMMON TO
SAID SECTION 6 AND SAID SECTION 31, A DISTANCE OF 1025.00 FEET;
. THENCE NORTH 00 0 12'12" WEST DEPARTING SAID SECTION LINE, A
DISTANCE OF 50.00 FEET TO A POINT ON THE NORTHERLY RIGHT -OF-
WAY LINE OF TANGERINE ROAD AS SHOWN IN BOOK 7 OF ROAD MAPS
PAGE 83 RECORDS OF PIMA COUNTY, ARIZONA SAID POINT BEING THE
POINT OF BEGINNING; -
THENCE CONTINUE NORTH 00 0 12'12" WEST DEPARTING SAID
NORTHERLY RIGHT -OF -WAY LINE, DISTANCE OF 15.00 FEET;
THENCE NORTH 89 0 4748" EAST, A DISTANCE OF 350.00 FEET;
THENCE SOUTH 00 EAST, A DISTANCE OF 15.00 FEET TO THE
NORTHERLY RIGHT -OF -WAY LINE OF SAID TANGERINE ROAD;
THENCE SOUTH 89 WEST ALONG SAID NORTHERLY RIGHT -OF-
WAY LINE OF TANGERINE ROAD, A DISTANCE OF 350.00 FEET TO THE
POINT OF BEGINNING.
CONTAINING 5250 SQUARE FEET MORE OR LESS.
TOWN COUNCIL TOWN
MEETING OF
INFORMATION MARANA
ATE: December 2, 2003
AGENDA ITEM: DX. A. 6
TO: Mayor and Council
FROM: Jane Howell, Human Resources Director
SUBJECT: Discussion and Direction Reclassification of Police Records Supervisor.
DISCUSSION:
A reorganization of police records clerk positions August 23, 2003, included combining clerks I, II
and III positions into one classification of police records clerk at Range 34, which coincides with
court clerk positions at the same range. At that time, staff inadvertently overlooked reclassification of
police records supervisor. Reclassification from Range 42 to 46, consistent with the comparable
court records supervisor position and retro- active to August 23, completes the reorganization of
records clerk positions. The incumbent would maintain her current compa - ratio, and her evaluation
date would not change.
Fiscal impact for incumbent to be reclassified is:
Police Records Supervisor: @ +$2.15/hr x 1,520 annual hrs after 8/23 = $1,522.15
+ Retirement = $ 121.77
Estimated Impact = $1,643.92
RECOMMENDATION
Staff recommends reclassification of the police records supervisor position retro - actively to August
25, the date of the reorganization and reclassification of the police records clerk positions, with an
estimated fiscal impact of $1,643.92.
SUGGESTED MOTION:
I move to approve.
ER/nvcounciusmesnect/Ratassiry
11/26/03
TOWN COUNCIL TOWN
MEETING OF
INFORMATION MARANA
ATE: December 2, 2003
AGENDA ITEM: IX. B. 1
TO: Mayor and Council
FROM: Jane Howell, Human Resources Director
SUBJECT: Resolution No. 2003 -160: 2003 holiday employee /family appreciation event.
DISCUSSION:
Due to financial constraints, employees did not receive a 2003 general pay increase normally granted by
Mayor and Town Council at the beginning of the fiscal year. Even so, Town of Marana employees
have continued to be positive and professional, striving to provide the very best in public services.
This year, traditional holidays fall on Thursday, December 25 and Thursday, January 1. A special one-
time employee /family appreciation event of additional holidays on Friday, December 26 and Friday,
January 2 will take the place of a holiday party for employees and families. The Town will treat these
days similar to other paid holidays and be closed for business.
Some personnel, such as police patrol and community emergency responders, will have to work as
usual. Anyone required to work any of these two days will receive holiday pay (up to 16 hours straight
time).
RECOMMENDATION:
The Town Manager recommends a special one -time designation of two additional holidays as a one -
time 2003 holiday employee /family appreciation event.
SUGGESTED MOTION:
I move to approve Resolution No. 2003 -160.
HRQH/Special One -Time Holidays
11/26/2003
MARANA RESOLUTION NO. 2003-160
A RESOLUTION OF THE TOWN OF MARANA, ARIZONA, APPROVING TWO
ADDITIONAL HOLIDAYS AS A SPECIAL ONE -TIME EMPLOYEE APPRECIATION
EVENT.
WHEREAS, financial constraints prevented granting by Mayor and Town Council a
general pay increase July 1, 2003; and
WHEREAS, Town of Marana employees have continued to be positive, professional
and strived to provide the very best in public services; and
WHEREAS, traditional holidays fall on Thursday, December 26, 2003 and Thursday,
January 1, 2004.
f.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of
Marana, Arizona, that Friday, December 26 and Friday, January 2, 2004, be declared special
paid one -time holidays.
• Section 1: The Town will treat these days similar to other paid holidays and be
closed for business.
Section 2: Personnel such as police and emergency community responders will
receive compensatory time up to 16 hours straight time, to be used by the end of 2004.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana,
Arizona this 2nd day of December, 2003.
ATTEST: Mayor BOBBY SUTTON, JR.
Jocelyn C. Bronson
Town Clerk
APPROVED AS TO FORM:
Frank Cassidy
Town Attorney
•
Marana, Arizona Resolution No. 2003 -160 Page I of 1
TOWN COUNCIL; TOWN
MEETING OF
INFORMATION MARANA
DATE: December 2, 2003
AGENDA ITEM: IX. B. 2
TO: Mayor and Council
FROM: Joel D. Shapiro, Planning Director
SUBJECT: Public Hearing: Ordinance No. 2003.27 and Resolution No. 2003 -154: Proposed amendment
to the Land Development Code of the Town of Marana, by adding Title 24 — Overlay District
Regulations and adding Section 24.01 Silverbell Road Corridor Overlay District, establishing
standards for structures, landscaping and other improvements on property within the Silverbell Road
corridor which promote high quality, innovative site design and safe and efficient land usage and
declaring Title 24 and Section 24.01 a public record.
DISCUSSION: This item was considered by the Planning Commission on October 29, 2003 and has been
forwarded to Council with a unanimous recommendation for approval.
The proposed amendment, attached, represents the finalization of work on the development of a
commercial overlay district and development standards ordinance for the Silverbell Road
corridor, intended to foster commercial development that is compatible and complementary with
adjacent uses, including residential neighborhoods, and minimize the potential for land use
conflicts. In July of 2001, staff was directed to examine the commercial corridor system in
Continental Ranch along Silverbell Road and develop an overlay district and regulations in order
to minimize the strain on public infrastructure and maximize the public benefit. The Town
Council also authorized the Town Manager to form an advisory committee, comprised of
interested neighborhood residents as well as major developers and landowners along the corridor,
to work with staff in order to study the development needs of the area and make recommendations
to the Planning Commission and Council.
Commercial land use designations are currently in place on a number of parcels along Silverbell
Road between Twin Peaks Road and Cortaro Road. The majority of these parcels were
designated for commercial use through the adoption of three specific plans in the late 1980's,
including the Continental Ranch, Pima Farms and Pima Farms North plans. The provisions
included in the proposed overlay district are intended to unify uses and standards for commercial
development along Silverbell Road between Twin Peaks Road and Cortaro Road, which are
currently regulated by the three different specific plans and the Marana Land Development Code.
For approximately the last year and a half, staff has met with the manager's committee to review
interests and concerns, identify common values and draft/discuss potential ordinance language.
Concerns expressed by commercial property owners along the proposed corridor overlay
boundary regarding uses authorized under the specific plans resulted in delays in finalizing the
draft. Staff spent significant time meeting with property owners along the corridor, particularly
with representatives of the Pima Farms North property, to address their concerns about the
proposed overlay district and resolve issues. The manager's committee most recently met on
August 18, 2003, with agreement by all present that the draft was ready to be considered for
adoption.
The Silverbell Road Corridor Overlay District is the first overlay district proposed for adoption
by the Town. The amendment includes adding a new chapter to the Land Development Code,
Title 24 Overlay District Regulations, in anticipation of developing additional overlay districts
in the future, to address specific needs. Furthermore, the amendment adds Section 24.01
Silverbell Road Corridor Overlay District, to the Land Development Code. The overlay district
promotes a high level of architectural and landscaping excellence through a coordinated set of
design principles for buildings, site planning, landscaping and signage. The proposed overlay
district also incorporates a design review process as a part of the development process. A flow
chart of the proposed overlay district process is attached. Significant elements of the proposed
overlay district include:
• Employment of a formal design review process for development within the overlay
district together with the establishment of a design review committee;
• The requirement of design review approval prior to development plan submittal;
• Comprehensive site design, site landscaping and building design considerations;
• Detailed use regulations identifying specific permitted, conditional and prohibited uses;
and
• Specific Development Standards applicable to signs, screening, lighting and design.
On October 29, 2003, the Planning Commission held a public hearing on the proposed
amendment. This amendment is being forwarded to you with a unanimous recommendation for
approval, with one minor modification. The owners of the Pima Farms North commercial
property have expressed the desire that self - storage facilities be moved from the Prohibited Use
category to the Conditional Use category. Due to the great depth of some of their property,
certain locations may be appropriate for self storage use and they would like to keep that
possibility open. The Commission was agreeable to this modification. With this change, there
is no opposition to the proposed amendment.
RECOMMENDATION:
Staff and the Planning Commission recommend approval.
SUGGESTED MOTION: I move to approve Ordinance No. 2003.27 and Resolution No. 2003 -154.
Plannin /JDS/11/25/2003 8 :30"
Silverbell Road Corridor Overlay Process
Pre - application meeting for proposed use
Use is permitted Use is conditional Use is prohibited —♦ STOP
Application for Conditional Use Permit
P &Z Commission hears application for CUP
CUP is approved CUP is denied Appeal to Town Council
Application for Design Review Approved Denied
Manager's Design Review Committee recommen,dation.:
STOP
Continued Denied Approved
•
Town Council Ratification
STOP Denied Approved
Development Plan Application
Developmenz Plan Review, Development PlanReview,
P &Z Commission 'action required Administrati Proces
Resubmit Resubmit
Denied Approved Denied Approved
• Building permit issuance with approved
ruction and improvement provement plans
TITLE 24
. OVERLAY DISTRICT REGULATIONS
SECTION:
24.01 Silverbell Road Corridor Overlay District
24.01 Silverbell Road Corridor Overlay District
A. Purpose
The following regulations are hereby established to promote the health,
safety, general welfare and the orderly growth of the Silverbell Road
corridor; to achieve the goals and objectives of the Marana General
Plan; to establish basic standards for structures, landscaping, and other
improvements on property within the Silverbell Road corridor which
promote high quality, innovative site design, and at the same time
encourage efficient land usage; to establish development standards
which will encourage capital investment; and to promote the safe flow of
traffic.
This chapter further seeks to foster commercial development which is
oriented to serve the adjacent neighborhoods. This overlay district is
intended to provide for specific uses in a planned commercial setting
which will be compatible and complimentary with adjacent uses,
including nearby residential neighborhoods, and which will promote a
high level of architectural and landscaping excellence. More specifically,
the creation of this special district shall be encouraged through a
coordinated set of design principles for buildings, site planning,
landscaping and signage. These principles are intended to guide
individual development activities so that they will work together visually.
No land use or development within the Silverbell Road Corridor Overlay
District boundaries, subject to these regulations, shall be commenced or
approved except in conformance with the provisions of this chapter.
This chapter shall regulate all land use and development within the
overlay district and shall supplement the provisions of the underlying
zoning district and /or the applicable specific plans that comprise the
area.
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B. Silverbell Road Corridor Overlay District Established
The Silverbell Road Corridor Overlay District provides for a variety of
neighborhood uses such as offices, retail commercial and commercial
services on previously undeveloped and developed commercial
property. Compatibility with existing land uses is intended for new
development.
C. Applicability
The regulations for the Silverbell Road Corridor Overlay District shall
apply to all new commercial and multiple family developments within the
district and to any property within the district subsequently changed to a
commercial or high density residential land use designation as a result of
rezoning or a specific plan amendment. This chapter applies to any
commercial land, parcel, lot or project site lying adjacent to Silverbell
Road between Cortaro Road and Twin Peaks Road. These regulations
shall also apply to any commercial or multiple family residential project
site contiguous to any applicable land, parcel, lot or project site adjacent
to Silverbell Road.
D. Silverbell Road Commercial Corridor Overlay District and Map.
The regulations contained herein shall apply to the area known as the
g pp Y
Silverbell Road Corridor Overlay District, the boundaries of which are
shown on Exhibit 1, herein, and on the Town of Marana Zoning Map.
E. Interpretation, Scope of Regulations
The regulations set forth by this Chapter shall be minimum regulations for
new or proposed commercial or multiple family developments and shall
apply uniformly to each class of use, structure or land, except as
hereinafter provided.
For building and development occurring subsequent to the enactment of
this Chapter, no building structure or land shall be used or occupied and
no building or structure or part thereof shall be erected, constructed,
reconstructed, moved or structurally altered except in conformity with all of
the regulations herein. These regulations shall not apply to properties for
which development approval has been obtained prior to the effective date
of this ordinance.
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1
F. Definitions
Certain words used in this Chapter shall be interpreted as defined within
this Section or as defined in Chapter 3 of The Marana Land Development
Code.
ABUTTING:
The condition of two (2) adjoining properties having a common property
line or boundary, including cases where two (2) or more lots adjoin only
corner or corners, but not including cases where adjoining lots are
separated by a street or alley.(also see adjacent/adjoining; contiguous).
ADJACENT/ADJOINING:
The condition of being near to or close to but not necessarily having a
common dividing line, i.e., two (2) properties which are separated only by
a street or alley shall be considered as adjacent to each other. (also see
abutting; contiguous).
COMPATIBLE
Capable of existing together in harmony and without conflict or ill effects.
CONTIGUOUS
Next to, abutting, or touching and having a boundary, or portion thereof
which is common or coterminous, as distinguished from being adjacent.
(also see abutting;adjacent/adjoining.
G. Effect of Other Provisions
These provisions are intended to supplement the requirements of the
underlying zoning district or specific plan. If any provision of this Chapter
is found to be in conflict with any other provision of the Marana Land
Development Code or with any provision of the Continental Ranch
Specific Plan, Pima Farms Specific Plan or Pima Farms North Specific
Plan, the provision that establishes the higher and /or more restrictive
standard shall prevail.
H. Design Review Overlay District Established
1. Purpose
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To guide the general appearance of buildings and
improvements and achieve the stated objectives of the Silverbell
Road Corridor Overlay District. The Design Review (DR)
Overlay District is superimposed over the Silverbell Road
Corridor Overlay District.
2. Applicability
The Design Review (DR) Overlay District includes the entire
Silverbell Road Corridor Overlay District. Such development
includes, but is not limited to, new commercial, institutional,
office, multi - family residential projects, proposed conversions,
exterior remodeling, exterior restoration, enlargement or
expansion of existing buildings, and requires the submittal of a
design review plan pursuant to this Chapter. The development
or modification of an individual single family detached dwelling
on a single parcel is specifically excluded from the requirements
of the Design Review Overlay District.
3. Standards
No new land use or development within the boundaries of the
Silverbell Road Corridor Overlay District shall be commenced or
approved except in conformance with the provisions of this
Chapter.
I. Design Review Committee
A Manager's Design Review Committee is established, the membership of
which shall be appointed by the Marana Town Manager. The committee
shall consist of five (5) members representative of both residential and
commercial interests along the Silverbell Road corridor. The committee
shall establish rules of procedure and shall meet on an as needed basis.
J. Design Guidelines, Objectives and Considerations
General Objectives and Considerations: The following is a listing of the
objectives of the Design Review Committee. The objectives are
separated into (1) site design, and (2) building design. Specific aspects of
design will be examined to determine whether the proposed development
meets the intent of this Chapter. The Manager's Design Review
Committee shall consider the following criteria in reviewing the application:
1. Site Design Considerations: How the site design impacts
adjacent residences and neighborhoods, sensitive lands,
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viewsheds, adjacent streets, pedestrian needs, and parking lot
function and safety.
a. Compatibility: Examine the functional relationship of the
site to its surroundings. Protection of adjacent residential
neighborhoods is the Town's primary concern. Particular
attention should be given to the location of parking,
driveways, outdoor lighting, outdoor use areas and
compatibility of uses. Adjoining residential areas should
be protected by maintaining a landscape buffer edge and
directing building openings away from residential areas;
b. Traffic Patterns: Evaluate the separation or integration of
vehicular, pedestrian and bicycle traffic patterns. The
development of land in cooperation with owners of
adjoining properties is encouraged where parking,
driveways, plazas and entries can be shared. Pedestrian
and vehicular safety should be maximized by carefully
siting and limiting the number of driveways;
c. Off - Street Parking: Evaluate the arrangement and
adequacy of off - street parking facilities and access points.
Parking should be safe, easily accessible and not allowed
to dominate the entire development. Plant materials
should accent and define entries. Large paved areas
should be scaled down by introducing different materials.
Whenever possible, parking should be located to the rear
or side of buildings to provide screening and a strong
architectural street edge. Paving materials should be
compatible with other on -site materials. Additional
specialty paving materials such as tile, brick and exposed
aggregate should be introduced where appropriate;
d. Loading Areas: The location, arrangement, and
dimensions of loading ramps, docks and bays should
minimize visual and noise impacts on adjacent residential
areas;
e. The location of trash receptacles and screening of such.
Careful screening of undesirable elements such as
loading, trash receptacles, mechanical equipment, etc., is
critical;
f. The illumination plans and hours of operation;
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g. Circulation Visibility: Evaluate the site distance
requirements of the streets and driveways. Adequate site
distance for motorists and pedestrians entering and
exiting the site must be ensured. Landscaping should not
interfere with circulation effectiveness;
h. The coordination of the site development with the planned
right -of -way alignments, acquisitions and street
improvements;
i. Urban design and aesthetic considerations;
j. Solar considerations: Trees and architectural features
such as overhangs, trellises and awnings are encouraged
to provide shade from the summer sun; and
k. Any sensitive lands located on the property or possibly
affected by the proposed development must be avoided,
mitigated or otherwise resolved per Town, County, State
or Federal requirements and recommendations.
2. Site Landscaping and Buffering: The site landscaping should
provide a highly attractive landscaping that buffers unwanted
views and sound, creates an interesting streetscape, and
provides a safe transition between contrasting uses.
a. Evaluate the location, height, and materials of walls,
fences and screen plantings. Selection of plant materials
should be based on year -round interest, color, branching
pattern, etc. Parking lots should be broken up with
landscaped buffers. Trees should provide a lush
overhead canopy for solar control. The overall effect of
both the perimeter landscaping and the interior
landscaping should be one of a relatively consistent tree
cover which will shade the pavement and vehicles;
b. Evaluate plans for the on -going maintenance of the
finished landscaping;
c. Evaluate plans for safe sound and site buffers in
consideration of the preservation of adjoining residential
neighborhoods relative to view sheds, ambient noise
levels, light and air, both on the site and on adjacent
property. Earth berming, fences or dense landscaping
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i
should be used at the perimeter of the parking areas to
provide for visual enclosure and screening; and
d. The design and utilization of open spaces and trails, if
applicable.
3. Site Grading and Drainage: The on -site grading and drainage
shall provide slope and soil stabilization, prevent soil erosion,
and minimize off -site impact.
a. Evaluate plans for soil removal, fill work, soil stabilization,
and erosion control; and
b. Evaluate plans for plantings, ground covers, or shrubbery
as a means to prevent dust, stabilize soils and control
erosion.
4. Signage: Commercial signage should provide business
identification, minimize clutter and confusion and comply with
provisions herein as well as Chapter 16 of the Marana Land
Development Code.
a. Evaluate the size, location, lighting, and hours of
operation of all signs and advertising features to achieve
compliance with this chapter. Signage plans for the
entire site should indicate how signs will be illuminated,
their design and spatial relationship to other site
amenities, including buildings. Signage, window designs
and awnings are most effective when color coordinated
with the building fagade. Darker, deeper and brighter
colors on these elements create interest on the facade
and call attention to windows and doorways; and
b. Evaluate the function and maintenance aspects of signs
and other advertising features.
5. Utilities: Utility systems should not detract from building or site
appearance. The size and location of all service systems
should be appropriate and maintainable.
a. Electrical and telephone service systems shall be
underground;
b. Transformers and pad- mounted mechanical and electrical
equipment shall be screened.
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6. Building Design Considerations:
a. Building Mass: Evaluate the building mass and its
relationship to surrounding development and its proposed
use. The relationship to the surrounding uses shall be
considered in respect to the scale and massing of the
proposed uses;
b. Proportion of Building: Evaluate the height to width
relationship of new structures for compatibility with the
proposed use;
c. Building Openings: Evaluate openings. They should
provide interest through the use of such features as
balconies, bays, porches, covered entries, overhead
structures, awnings, changes in building facade and
roofline alignment;
d. Relationship of Exterior Materials: Evaluate the
appropriateness of exterior materials and color to reduce
apparent building mass and blend with the surrounding
area. Exterior building materials should be genuine and
not simulated. Shadow patterns created by architectural
elements such as overhangs, trellises, projections and
awnings are encouraged to contribute to a building's
character while aiding climate control;
e. Building Color: Building color should be compatible with
the neighborhood and should reinforce the visual
character of the proposed building. Warm muted shades
should be used as the body or overall building background
color. Brighter, more intense and richer hues of related or
contrasting color should be used as accent colors and
highlight colors for architectural elements;
f. Building Elevations: Building elevation treatments should
be carried to all sides of the building. Building
construction and design shall be used to create a
structure with substantially equal attractive sides of high
quality, rather than placing emphasis on the front
elevation of the structure and neglecting or downgrading
the aesthetic appeal of the side and rear elevations. The
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character of the surrounding residential development
should be incorporated into the architectural design and
materials. Production designs common to fast food
restaurants, convenience markets, etc., are strongly
discouraged;
g. Roofline: Rooflines of buildings on adjacent properties
should be considered in the design to avoid clashes in
style and materials. All roof materials and colors should
complement the primary building material and color;
h. Accessory Buildings: Accessory structures and /or
additions should utilize the same materials and design as
the primary structure; and
L Evaluate compliance of architectural design with the
requirements of the appropriate specific plan, when
applicable.
K. Design Review
The application procedures shall be as follows:
1. Applications for Design Review: Applications for a Silverbell
Road Corridor Overlay District Design Review of site and
building development or alteration shall be presented to the
Planning Director in accordance with the criteria listed and set
forth in this Chapter.
2. Silverbell Road Corridor Overlay District Design Review: All
applications requiring Design Review shall be submitted to the
Planning Director for scheduling before the Manager's Design
Review Committee.
3. The Planning Director will provide an informal administrative
review prior to the submittal to the Manager's Design Review
Committee.
4. An applicant may not bypass the Manager's Design Review
Committee and present site development proposals directly to
the Planning Commission.
5. If the application for Design Review is incomplete, such
application shall not be scheduled for consideration before the
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Manager's Design Review Committee, until such time as all
submittal materials are complete.
L. Application Requirements
Prior to the application for Development Plan approval or for a building
permit to erect, construct, alter, remodel, move or otherwise change the
use of a building or structure within the Silverbell Road Corridor Overlay
District, the applicant must file a design review application upon the
prescribed form with the Planning Director.
All materials supplied or presented with the application, including
presentation boards, material boards and documentation are part of the
public record and become the property of the Town.
The applicant will be required to supply colored photos of the presentation
boards if determined by the Planning Director. The Planning Director may
specify the size of the photos. Material boards may be returned to the
applicant if the photos are provided to the Town.
Applications shall be accompanied by architectural and site development
plans in accordance with the guidelines set forth in this Chapter. The
plans shall be legible, to scale, and include, at a minimum:
1. Vicinity Plan showing all existing development within '/ mile of
the property lines.
2. Site Plans showing:
a. Scale and North arrow;
b. Location and designation of all rights -of -way and property
lines;
c. Topographic lines representing pre and post development.
d. Roofline and foundation plan of building(s) located on the
site;
e. Location of existing trees and structures;
f. Location and dimensions of streets and their designation;
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g. Location of proposed off - street parking and loading
facilities;
h. Location and dimensions of proposed access points and
internal circulation patterns;
i. Location of walls and fences, including height and
construction material;
j. Exterior lighting plan, including standards and devices; and
k. Location and description of all potential sensitive lands on
or in the vicinity of the proposed development.
3. Architectural Plans showing:
a. Building materials;
b. At least four (4) elevations, so that all sides of the
development are presented. Perspectives, models or other
graphic materials may be submitted at the option of the
applicant and the Planning Director;
c. Proposed color scheme of the entire building, including
roof;
d. Site photographs of the site and adjacent properties;
e. Color and texture chips of actual sample materials may be
submitted at the option of the applicant or as may be
required by the Planning Director;
f. Scale drawings of all signs showing size, material, text or
other graphic symbols, colors and illumination;
4. Landscape Plan, prepared in conformance with Chapter 17 of
the Marana Land Development Code, drawn to scale and
indicating the following:
a. Boundaries, property lines and dimensions;
b. Existing trees and vegetation;
c. The location and design of areas to be landscaped;
•
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d. The locations and labels for all proposed plants;
e. Plant lists or schedules with botanical and common name,
quantity, spacing and size of all proposed landscape
material at time of planting;
f. Location and description of other landscape improvements,
such as earth berms, bufferyards, walls, fences, screens,
fountains, water features, street furniture, lights, courts or
paved areas;
g. Irrigation plans showing the size and location of all
equipment needed to irrigate the site to industry standards
and shall indicate how each planting is served by a water
conserving, underground irrigation system;
h. Planting and installation details, as necessary to ensure
conformance with required standards; and
i. Provisions for the on -going maintenance of landscaping
and other materials.
5. Existing Structures and Sites: Applicants proposing conversion,
remodeling, renovation, enlargement or expansion of existing
structures or sites shall submit sufficient information and detail
so that the Manager's Design Review Committee and/or the
Planning Director may determine compliance with the provisions
of this Chapter.
M. Design Review Procedure
1. Application and Fees: At least twenty -one (21) days prior to
review by the Manager's Design Review Committee, the
applicant shall submit the application, together with the required
application fee, to the Planning Director.
2. Manager's Design Review Committee Findings: The Design
Review Committee may recommend, recommend with
conditions, deny or continue approval of the application for no
more than thirty days. If modification is required, or if the
application is not approved, the Committee shall prepare a
statement of the reasons for its action.
3. Notice of Design Review Finding: Within five (5) working days
after the Committee has reviewed an application, the Planning
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Director shall provide the applicant with written notice of the
Committee's finding.
4. Ratification of the Committee's recommendation by the Town
Council: The Design Review Committee's recommendation
shall be forwarded, by the Planning Director, to the Town
Council for consideration at their earliest meeting, subject to
Town Council scheduling procedures. The Town Council shall
act to affirm, or reverse, in whole or in part, or modify the Design
Review Committee's recommendation.
N. Term of Approval
Any finding of the Manager's Design Review Committee, pursuant to the
provisions of this Chapter, shall lapse and become null and void twelve
(12) months following the date which such recommendation was ratified
by the Town Council; unless, prior to the expiration date, development is
diligently pursued. Upon written request to the Manager's Design Review
Committee, containing the reasons thereof, the Committee may grant one
extension of time not to exceed an additional six (6) months for the
applicant to commence development.
O. Modifications
After a favorable finding of a design review application, the applicant may
request modification(s) to the proposed development plans or conditions.
Such request shall be made upon an application form specified by the
Manager's Design Review Committee and shall be considered pursuant to
the standards set forth in this Chapter.
The following modifications shall require a re- evaluation from the
Manager's Design Review Committee:
1. Any change that may negatively impact an adjoining residential
land use.
2. Any request that in the opinion of the Planning Director would
significantly alter the design of the site and /or building(s).
3. A request to change or delete a condition established by the
Committee.
P. Administrative Approvals
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The Manager's Design Review Committee may defer the review of minor
modifications to the Planning Director as specified below:
1. Minor relocation of building pads due to conditions such as
unanticipated topography, road alignment or easements;
provided that the modification does not significantly alter the site
design in terms of parking layouts, vehicular circulation,
landscape design and other similar components of the
development plans, provided ordinance requirements are still
met.
2. An increase or decrease in a proposed setback provided the
ordinance requirements are still met.
3. A minor change to landscape design /plant material changes.
4. A minor change to parking lot/site plan.
Q. Restrictions on Other Required Documents
1. Building Permits: The Town of Marana Building Services
Department shall not issue a building permit to any applicant
within the Silverbell Road Corridor Overlay District until the
design review application has been recommended by the
Manager's Design Review Committee and ratified by the Town
Council and the Development Plan has been approved and is in
full compliance with this Chapter.
2. Certificate of Occupancy: The Town shall not issue a final
Certificate of Occupancy to the applicant until all of the
requirements of the design review process have been met.
R. Silverbell Road Corridor Overlay District Procedures
A Development Plan Review, in accordance with the Town of Marana
Development/Site Plan Review Procedures, is required for any non-
single family development within the Silverbell Road Corridor Overlay
District. The site proposed for development must be zoned for the use
and is consistent with the Town's General Plan and /or Specific Plan for
the property and in compliance with the provisions of the Silverbell Road
Corridor Overlay District contained herein. Compliance with the
provisions of Chapter 6, Subdivisions, of the Marana Land Development
Code shall also be required, if applicable.
1. Pre- application Conference Required
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Prior to submittal of an application for development within the
Silverbell Road Corridor Overlay District, the applicant shall be
required to meet with the Planning Director or his /her designee
to discuss the proposed project and the requirements of this
Chapter as they pertain to the proposed project. The intent of
the meeting is to:
a. Identify project issues;
b. Clarify submittal requirements; and
c. Review the development standards for the Silverbell Road
Corridor Overlay District prior to making an application.
2. Application Required
Subject to a favorable finding by the Manager's Design Review
Committee, any application for development within the Silverbell
Road Corridor Overlay District is required to be submitted on an
official form provided by the Planning Department and
accompanied by a fee established by the Town Council.
3. Planning Commission Action Required
Upon the completion of the Development Plan Review,
applications for development within the Silverbell Road Corridor
Overlay District shall be scheduled for action by the Planning
and Zoning Commission, subject to the requirements of the
underlying Specific Plan or zoning district. The Commission
may, if satisfied that all the objectives of the Marana Land
Development Code and Town standards have been met,
approve the Development Plan, or approve with conditions. If
the Commission finds that the Development Plan requires
revision, the plan may be continued pending revision.
S. Use Regulations
Purpose: The uses within the Silverbell Road Corridor Overlay District
are designed to permit a full range of retail sales, personal, professional
and business services required to meet the demands of a developing local
market and promote attractive development, an open and pleasant street
appearance, and compatibility with adjacent residential areas. The District
recognizes certain uses which may be appropriate, but which may have
characteristics that, depending on location, design and standards of
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operation, may have a greater impact than other uses on adjoining
properties, businesses or residences and may allow such conditionally.
Further, it generally does not allow those businesses that require the
outdoor display, sale or storage of merchandise or those uses which are
industrial in nature. Use limitations will be imposed which limit the full
range of uses permitted in the underlying zone or specific plan. It is
recognized that some of the uses within the underlying zones or specific
plans may not be compatible and compliance with architectural guidelines
would not be practical.
1. Permitted Uses. The following land uses are permitted in the
Silverbell Road Corridor Overlay District, subject to the
provisions of this Chapter.
a. Community, multiservice, neighborhood or senior citizens
center.
b. Daycare Center (adult, child or handicapped).
c. Health Services (excluding Hospitals and Substance
Abuse Centers).
(1) Blood Donor Stations.
(2) Convalescent or nursing home.
(3) Medical or dental labs.
(4) Offices and clinics of MD's, dentists,
optometrists or chiropractors.
(5) Outpatient clinics.
d. Office Uses
(1) Business or personal service
(2) Governmental
(3) Financial
(4) Social services
(5) Veterinarian (including kennel for indoor
inpatient hospitalization services of small
animals)
e. Public and Semi- Public
(1) Art gallery,
(2) Civic clubs
(3) Churches and religious institutions
(4) Library
(5) Museum
f. Personal Service Establishments
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(1) Barber and beauty shop
(2) Carpet cleaning establishments ( provided
that no on -site cleaning is conducted).
(3) Interior decorator
(4) Dry cleaning and laundry and garment
pressing establishments (non - industrial
service to the general public only).
(5) Locksmith
(6) Parcel packing /mailing service
(7) Pet grooming, (provided that no animals
shall be kept on the premises overnight)
(8) Photography studio, photo finishing
(9) Tailor, seamstress
(10) Tanning salon
g. Repair of:
(1) Bicycles
(2) Cameras
(3) Clocks, watches, jewelry
(4) Computers
(5) Household appliances
(6) Musical instruments
(7) Optical goods
(8) Radios, televisions and electronics
(9) Shoes
h. Retail Uses
(1) Antique stores
(2) Appliance Stores (household or minor)
(3) Art stores or galleries
(4) Arts and crafts shops
(5) Auto parts /supply stores (no installation)
(6) Bakery shop, bagel shop
(7) Banks, financial institutions and similar
uses, provided drive -thru facilities and
queuing lines are located a minimum of
seventy -five (75) feet from a residential
district.
(8) Bicycle shops
(9) Book Stores (new or used)
(10) Camera and photographic supply stores
(11) Candy, Nut or confectionary stores
(12) Card Stores
(13) Carpet and floor covering stores
(14) Clothing, apparel or accessory stores
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(15) Computer and computer software stores
(16) Convenience stores
(17) Drugstores
(18) Fabric Stores
(19) Florist and plant shops
(20) Food store and markets
(21) Frame shops
(22) Gift shops
(23) Grocery stores
(24) Hardware, paint stores
(25) Hobby shops
(26) Ice cream shops
(27) Jewelry stores
(28) Laundromats, automatic self - service
(provided that the establishment is
operated exclusively as a retail business
and laundry machines are of an automatic
type, capable of being operated by the
public and shall not include machines
ordinarily found in industrial laundries).
(29) Lighting stores
(30) Liquor stores
(31) Luggage and leather goods
(32) Music stores
(33) Office supply stores
(34) Optical goods
(35) Pet/pet supplies
(36) Photocopying services
(37) Record, tape or CD stores
(38) Religious goods
(39) Restaurants, cafes, delicatessens or coffee
shops, including outdoor seating areas
(40) Second hand stores and thrift stores,
provided there is no outside display or
storage of merchandise.
(41) Shoe stores
(42) Sporting goods stores
(43) Stamp and coin shops
(44) Stationery stores
(45) Tobacco stores
(46) Toy stores
(47) Variety stores
(48) Video tape /DVD rentals
Page 18 of 29
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(49) Other uses which the Planning Director
determines to be similar in nature, function
and operation to listed permitted uses.
(50) Accessory uses and structures,
subordinate, appropriate and incidental to
the above permitted uses, including
supportive services directly related to and
located within the same building as the
primary use. Automated Teller Machines
(ATMs) are permitted accessory uses
provided they are not free standing.
2. Permitted Temporary Uses and Structures
The following temporary uses and structures shall be permitted
subject to the issuance of a Temporary Use Permit in
accordance with Section 09.01.04 of the Marana Land
Development Code.
a. Contractor's office and /or storage. Temporary structures
for the storage of tools and equipment or containing
supervisory offices of the minimum necessary in
connection with a project on site may be established and
maintained only during the progress of active construction
under an effective grading, building or other development
permit. Such temporary structure(s) shall be immediately
removed upon project completion or upon expiration of the
applicable permits.
b. Holiday tree and pumpkin sales lots, when maintained
between October 15 and December 31 for a maximum of
six weeks from inception.
3. Conditional Uses. The following uses are permitted
conditionally, subject to the provisions of Section 10.10 of the
Marana Land Development Code:
a. Automobile Service Uses, including gasoline service
stations, service shops performing minor auto repair, fuel
sales, oil change and lubrication shops, muffler shops, auto
glass shops, auto detail shops, speedometer shops and
tire shops, not to include body repair, painting, major
engine or transmission repair, or radiator repair. All
service, except the sale of gasoline, shall be within an
Page 19 of 29
Marana Land Development Code
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enclosed building. No service bays associated with an
automotive use shall be visible from a public street;
b. Automobile and Truck Sales and Rental, new or used;
c. Bars, taverns, cocktail lounges;
d. Car wash establishments, including full - service and self -
service, coin - operated facilities, provided a full -time
attendant is on -site and wash bays are not visible from a
public street;
e. Emergency Medical Care Facility 24 hour operations;
f. Restaurants, cafes, delicatessens or coffee shops
providing drive -thru or drive -up service;
g._Lodging facilities, including hotels and motels
h. Pawn Shops;
i. Plant Nurseries, including open air display and storage;
j. Recreational Vehicle and Boat Storage 0
k. Self- storage Facilities
I. Small Equipment and Light Machinery sales or rental;
m. Tattoo parlors;
n. Wireless communications facilities, subject to the
provisions of Chapter 23 of the Marana Land Development
Code; and
o. Any establishment having a continuous twenty -four
operation or having extended hours which begin before
5:00 A.M. or extend beyond 11:00 P.M.
p. Any establishment receiving deliveries other than between
the hours of 6:00 A.M. and 10:00 P.M.
4. Prohibited Uses. The following uses are not permitted uses
within the Silverbell Road Corridor Overlay District:
Page 20 of 29
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a. Adult Entertainment Uses;
b. Automobile Bodywork and Painting;
c. Bowling Alleys;
d. Commercial Outdoor Recreation;
e. Heavy Equipment and machinery sales or rental;
f. Hospitals;
g. Industrial uses;
h. Kennels, except as permitted in S.1.d.(5);
i. Live Entertainment Facilities, including nightclubs which
include dancing and music performed by more than 1
musician;
j. Major automobile repair facilities, including major engine,
mechanical or transmission repair and radiator service;
k. Manufactured Home Sales;
I. Open air or outside storage uses, including swap meets and
storage of inoperable or damaged vehicles, except as
permitted in Section S.3.i. and S.3.j.;
m. Recreational Vehicle Sales;
n. Theatres;
o. Towing businesses; and
p. Warehousing Uses, excepting self- storage facilities
T. Performance Standards
The following limitations shall apply to the conduct of uses within the
Silverbell Road Corridor Overlay District:
1. All uses except outdoor eating areas, off - street parking and
loading areas and permitted seasonal sales shall be conducted
entirely within a completely enclosed building.
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2. No outdoor sales displays promoting products, merchandise or
services retailed or offered by the use occupying the premises
shall be permitted.
3. No outdoor storage of equipment or materials (except screened
trash containers) or outside mechanical repair or service is
permitted.
4. No vending machines shall be permitted on the exterior of any
building or structure on the premises.
5. Shopping cart storage shall be located adjacent to the entry of a
building and shall be screened to obscure the visibility of
shopping carts from the adjacent public right -of -way and
adjacent residential property.
6. There shall be no manufacturing, compounding, processing or
treatment of products other than that which is clearly incidental
to a retail store or business, and where all such completed
products are sold at retail on the premises.
7. No use shall be established, maintained or conducted within the
Overlay District which may cause the dissemination of noxious
smoke, gas, dust, odor or any other atmospheric pollutant
outside of the building in which the use is conducted.
8. Noise: No use shall result in noise perceptible beyond the
boundaries of the immediate site of the use. All noise sources
shall be identified such as parking areas, trash dumpsters,
mechanical equipment and loading areas. Screen walls and
landscaping shall be employed which screen these areas from
the main streets and adjacent residential neighborhoods.
9. No use shall result in the creation of traffic hazards or undue
congestion of any public street.
U. Development Standards
The following standards shall apply to all developments within the
Silverbell Road Corridor Overlay District:
1. General Development Standards.
Page 22 of 29
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a. The minimum required building setback abutting a street
shall be as specified in the underlying specific plan or
zoning district. No less than 15 feet of such setback buffer
area shall be landscaped and shall remain as open space,
free from structures and parking /loading areas. Such
setback may include pedestrian walkways, driveways, flag
poles, fences, screening walls, etc.
b. Minimum side and rear setbacks shall be 10 feet. Such
setback buffer area shall be landscaped and shall remain
free from structures; however, such setback may include
pedestrian walkways, driveways, flag poles, fences,
screening walls, etc. Parking and loading shall also be
permitted, unless abutting a residential district.
c. Transitional Yards. Commercial lots adjacent to a
residential district or across a street from a residential
district shall require a 25 foot landscape buffer in the side
or rear yards adjacent or facing a residential area. Such
buffers shall not be used for the purpose of parking,
loading, servicing or any other activity. Permanent
opaque decorative screening walls six (6) feet in height
shall be provided.
d. 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
Uniform Building Code and Uniform Fire Code.
e. Maximum lot coverage shall be per the underlying zoning.
f. Maximum building height shall be per the underlying
zoning.
2. Landscaping
The intent of the Landscaping requirements are to provide
corridor residents and businesses with highly attractive
landscaping that buffers unwanted views, 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
• Page 23 of 29
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Silverbell Road Corridor Overlay District shall provide site
landscaping, including buffer yard, parking lot and screening as •
required herein and in accordance with Title 17 of the Marana
Land Development Code.
3. Off - Street Parking and Loading
The number, size and design of all parking spaces, driveways
and loading areas for all development within the Silverbell
Road Corridor Overlay District shall comply with the provisions
of Title 22 of the Marana Land Development Code and the
following requirements listed below:
a. 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.
b. All parking shall be off - street in paved, landscaped parking
areas.
c. No parking or maneuvering space is permitted within any
required landscape buffer.
d. Off - street loading or service areas shall not face a public
right -of -way. Loading or service areas shall not be located
adjacent to residential areas.
4. Signs
Sign standards are hereby established to promote a high quality
visual appearance throughout the Silverbell Road Corridor
Overlay District; 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
Silverbell Road Corridor Overlay District shall comply with the
provisions of Title 16 of the Marana Land Development Code
and the following additional sign requirements:
a. Materials of proposed signs shall be compatible with the
related building(s) on the property and shall be approved
Page 24 of 29
Marana Land Development Code
Title 24
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by the Silverbell Road Corridor Overlay District Manager's
Design Review Committee.
b. All completed signs must have a high - quality, professional
appearance. Sign materials shall be limited to high - quality
construction materials such as stone, brick, decorative
block, finished wood (painted or stained), finished metal or
high- quality plastic.
c. Monument, wall mounted and free hanging signboard shall
be the approved styles.
d. Signage shall be limited to one (1) freestanding sign for
each street frontage and one (1) wall sign. In cases where
there are multiple tenants, each tenant within the property
shall be allowed one (1) wall sign.
e. 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.
f. 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 will not create a
traffic hazard.
g. Signage in planned shopping centers shall be limited to
one (1) ground- mounted, double -faced monument style
sign for each street frontage. Such sign shall not exceed
15 feet in height. The surface of any such sign shall not
exceed 100 square feet per exposed surface. Each tenant
in the shopping center shall be allowed one wall sign per
frontage, with a maximum of two signs.
h. Internally illuminated signage is not permitted. Internally lit
box signs containing a logo or trademark are permitted on
a limited basis within the Overlay district, subject to the
approval by the Manager's Design Review Committee.
i. External lighting of monument signs shall be concealed
and ground mounted. The lighting of wall mounted signs
shall be mounted on the building.
•
Page 25 of 29
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j. Changeable letterboards may make up no more than 20
percent of the area of a freestanding sign.
k. Planned Sign Program: In order to establish and maintain
a consistent design theme, an applicant who retains control
over businesses located within commercial shopping
centers, complexes or buildings designed for multiple
occupancy shall coordinate such signage through the
submittal of a planned sign program, in accordance with
Section 16 -9 -3. The planned sign program shall show sign
colors, styles and locations on buildings, size, illumination
and materials to be used. All signs in a planned sign
program shall be in harmony with the adjacent nearby
building architecture, as may be approved by the
Manager's Design Review Committee.
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 Silverbell Road Corridor
Overlay District:
a. Parking Lots, Service Entrances or Loading Areas. All
service entrances, loading areas and spaces must be fully
screened from the nearby property and view from a public
street. Such screening shall consist of a 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. The sight obscuring screen shall be at least
six (6) feet in height. Any such storage area shall be
constructed of materials and colors compatible with those
of the primary building(s). Chain link fencing (with or
without slats) is not allowed. A five (5) foot landscaping
strip is required around all trash enclosures.
c. No articles, materials, trash, equipment or inoperable
vehicles shall be stored or kept in the open or exposed to
view from the street, sidewalks and adjacent sites. This
limitation does not apply to temporary storage of materials,
equipment and supplies needed for the construction of •
Page 26 of 29
Marana Land Development Code
Title 24
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improvements on a site, provided such items are
completely removed immediately upon completion of each
phase of construction.
d. Rooftop and Site Screening. All equipment, such as, but
not limited to mechanical, electrical, communications and
air conditioning shall be selected and located in a manner
consistent with the architecture of the project and shall be
screened from view from adjacent properties and public
streets. Parapet walls, enclosing walls, louvers and grills
shall be used to conceal from view all equipment on site or
on the roofs of buildings. Exceptions may be made for
equipment that, by nature of simple geometric shape,
blends well with the architecture of the project. Satellite
dishes and other communications equipment must be
integrated with the architecture or screened in an
acceptable manner.
e. 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
Exterior lighting should be designed as part of the architectural
and landscape themes. Site lighting should serve functional,
safety and aesthetic purposes. Site and security lighting shall
be designed to enhance the 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 Marana Outdoor Lighting Code and the following
standards listed below:
a. Light sources outside the public right -of -way shall be
located and arranged to provide good visibility and reflect
light away from adjacent residential properties or any
streets.
b. The location of light fixtures should respond to the
anticipated use. Lighting for pedestrian movement shall
clearly identify the walkway and emphasize changes in
grade, path areas and any other areas along a path
which, if left unlit would cause the user to feel insecure.
Page 27 of 29
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c. Area lighting shall be directed downward with no spread of
light sources off the site. Light sources shall incorporate
cut off shields.
d. Lighting standards shall not exceed 16 feet in height.
e. The style of light fixtures and their location should be
compatible with the architectural design and landscaping.
All freestanding poles and wall mounted exterior light
fixtures shall be decorative. Light posts should be located
in such a manner that they will not become safety hazards
to pedestrians or vehicles.
f. Lights shall not blink, flash or change intensity.
g. Night lighting of buildings should be done in a selective
fashion: highlight special features, keynote repeated
features or use the play of light and shadow to articulate
the facade. The visual effect achieved should compliment
the building character. Lighting should be the minimum
required to address traffic and pedestrian safety concerns
and aesthetic function.
7. Design Standards •
To maintain a high quality of buildings and structures, the
following standards shall apply to all new development within
the Silverbell Road Corridor Overlay District:
a. Building design should reflect traditional or contemporary
variations of southwestern architecture and should reflect
an individual style. Reliance on or the use of standardized
"corporate or franchise" style is discouraged.
b. High - quality construction and materials should be used to
ensure that buildings will not look worn down over time.
Building design must be consistent in material usage and
detail on all elevations. Exterior materials that may be
utilized in various aspects of the building design includes
brick masonry, natural stone masonry, concrete (with an
approved architectural finish), glass (use of highly
reflective coating may be limited), plaster, stucco, wood
and cultured stone.
Page 28 of 29
•
Marana Land Development Code
Title 24
11/24/2003
c. No masonite, visible asphaltic exterior material, aluminum
. or steel siding, non - architectural sheet metal or other
similar materials shall be used on any building except as a
trim material.
d. Materials for roofs, eaves and canopies may include tile,
fireproof faux wood shakes or metal with standing rib
seams.
e. Deep eaves, overhangs, canopies and other architectural
features that provide shelter from the elements and shade
in the summer shall be incorporated in the building
whenever feasible.
f. Roof -top heating and air conditioning equipment and
similar features shall be painted so as to be non - reflective
and shall be screened from view.
•
Page 29 of 29
Marana Land Development Code
Title 24
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MARANA ORDINANCE NO. 2003.27
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA, AMENDING THE MARANA LAND DEVELOPMENT CODE BY ADDING TITLE
24= OVERLAY DISTRICT REGULATIONS AND ADDING SECTION 24.01 SILVERBELL
ROAD CORRIDOR OVERLAY DISTRICT, ESTABLISHING THE OVERLAY DISTRICT AND
STANDARDS FOR STRUCTURES, LANDSCAPING AND OTHER IMPROVEMENTS ON
PROPERTY WITHIN THE SILVERBELL ROAD CORRIDOR WHICH PROMOTE HIGH
QUALITY, INNOVATIVE S ITE D ESIGN AND S AFE AND E FFICIENT LAND USE 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 the Code from time to time; and
•
WHEREAS, the Mayor and Council adopted Resolution No. 2001 -80 on July 3, 2001,
directing staff to examine the commercial corridor system in Continental Ranch along Silverbell
Road and develop regulations and an overlay district, in order to minimize the strain on the public
infrastructure and maximize the public benefit; and
WHEREAS, t he T own M anager formed a n advisory committee, made up of residents,
neighborhoods, business interests and Town staff, in order to study the development needs of the
area and make recommendations; and
WHEREAS, the advisory committee has discussed, drafted and recommended ordinance
language for the Silverbell Road Corridor Overlay District that is intended to foster commercial
development that is compatible and complimentary with adjacent uses, including residential
neighborhoods and promotes a high level of architectural and landscaping excellence through a
coordinated set of design principles for buildings, site planning, landscaping and signage; and
WHEREAS, the Marana Planning Commission held a public hearing on a request to amend
the Marana Land Development Code by adding Title 24 Overlay District Regulations and adding
Section 24.01 Silverbell Road Corridor Overlay District on October 29, 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 apublic hearing on the request to amend the Marana
Land Development Code by adding Title 24 Overlay District Regulations and adding Section 24.01
Marana Ordinance No. 2003.27
Page 1 of 3
Silverbell Road Corridor Overlay District on December 2, 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
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 o f
Marana, Arizona, as follows:
Section 1: Title 24 of the Marana Land Development Code is hereby created, providing
for Overlay District Regulations.
Section 2: Section 24.01- Silverbell Road Corridor Overlay District is hereby added to
that certain document entitled Title 24- Overlay District Regulations of the Marana Land
Development Code as presented by staff and the Planning Commission, 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 No. 2003 -154.
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
2nd day of December, 2003.
ATTEST: Mayor BOBBY SUTTON, JR.
Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM:
• Frank Cassidy, Town Attorney
Marana Ordinance No. 2003.27
•
MARANA RESOLUTION NO. 2003-154
A RESOLUTION OF THE TOWN OF MARANA, ARIZONA, DECLARING AS A PUBLIC
RECORD, THAT CERTAIN DOCUMENT ENTITLED "TITLE 24 — OVERLAY DISTRICT
REGULATIONS AND SECTION 24.01 SILVERBELL ROAD CORRIDOR OVERLAY
DISTRICT 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 24 — Overlay District Regulations and Section 24.01 Silverbell Road
Corridor Overlay District 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
2nd day of December, 2003.
•
Mayor BOBBY SUTTON, 7R.
ATTEST:
Jocelyn C. Bronson
Town Clerk
APPROVED AS TO FORM:
Frank Cassidy
Town Attorney
•
Mamna, Arizona Resolution No. 2003 -154 Page 1 of 1
aa!
TOWN COUNCIL TOWN
MEETING OF
INFORMATION MARANA
DATE: December 2, 2003
AGENDA ITEM: IX. B. 3
TO: Mayor and Council
FROM: Joel D. Shapiro, Planning Director
SUBJECT: Public Hearing: Ordinance No. 2003.28 and Resolution No. 2003 -155— Proposed
amendment to the Land Development Code of the Town of Marana, amending Title 8 —
General Design Regulations, by adding provisions for Residential Design Requirements for
single- family detached housing and declaring Title 8 and Section 08.06 a public record.
DISCUSSION: This item was heard by the Marana Planning Commission on October 29, 2003. The
Commission voted unanimously to recommend approval to the Town Council
The proposed amendments, attached, represent continued work on updating the Land
Development Code. Town Council has directed Staff to include some basic Residential
Design Requirements to promote greater diversity within residential developments by
identifying the minimum expectations for new residential developments within the Town of
Marana. Staff has developed six requirements, for subdivisions with lots less than 12,000
square feet that will help to promote a higher quality community. This is an addition to
Title 8 — General Development Regulations and therefore has not been presented in a delete
and change format but as a new Section 08.06.
The proposed amendment (addition) to Title 8 — General Design Requirements will provide
minimum expectations for single family detached residential developments. The six
requirements identify some basic design requirements that will provide the community with
diversity in the individual residential subdivisions. They include the following:
1. No more than two (2) consecutive two -story homes will be allowed adjacent to one
another throughout the subdivision.
2. No corner lots shall contain two -story homes.
3. No two models with the same elevations shall be permitted adjacent to one another
throughout the subdivision.
4. No two homes of the same color scheme shall be permitted adjacent to one another
throughout the subdivision.
5. A note shall be placed on all applicable plats that states "All building permit site
plans shall give the setback information for the lot to be permitted, and include the
model number and elevation, color scheme and single or two -story for the home
being permitted and the adjacent lots.
6. The front yard setback shall be staggered by a minimum of twenty (20) percent on
every third lot so that the front setback will not be the same for three (3)
consecutive homes.
In addition staff has included a modification procedure that will allow the Town Council the
ability to approve modification to these requirements for innovative and superior design.
The proposed amendment will provide variety in residential subdivision and housing design
while allowing subdivision identity to serve a wider choice of housing products, a greater
sense of identity for individual homes, and an improved image of the streetscape. These
requirements will promote an enhanced living environment for residents of single - family
housing. These requirements are presented to provide basic principles and standards to
produce a varied and interesting and/or attractive design.
During the Planning Commission public hearing chairman Parker asked, through his
motion, that it be specifically put into the report to Council that "he personally thought that
we needed to find a way to handle, especially the two -story on corner lots, without going
through the entire process. "
Town Staff has amended TITLE 8 and recommends that the amendments presented be
recommended for approval. Attached is the recommended TITLE 8, as amended by staff.
RECOMMENDATION:
The Marana Planning Commission recommends approval of PCM- 03121, Amendment to Title 8 —
General Development Regulations, by adding Section 08.06 Residential Design Requirements to
the Town of Marana Land Development Code.
SUGGESTED MOTION:
I move to approve Ordinance No. 2003.28 and Resolution No. 2003 -155, declaring Section 08.06
(Residential Design Requirements) a public record.
TOWN OF MARANA, ARIZONA
LAND DEVELOPMENT CODE
• 08.06 Residential Design Requirements
The purpose of the Residential Design Requirements is to promote greater diversity
within residential developments by identifying the minimum expectations for new
residential developments within the Town of Marana.
The following requirements apply to all subdivisions which create lots less than 12,000
square feet in size.
1. No more than two (2) consecutive two -story home: will be allowed adiacent to
one another throughout the subdivision.
2. No corner lots shall contain two -story homes - —
3. No two models with the same elevations shall be permitted adiacent to one
another throughout the subdivision.
4. No two homes of the same color schejWe shall be_perm°Itted adiacent to one
another throughout the subdivision
5. A note shall be placed on all applicable plats that states "All building permit site
plans shall give the setback informs ion for lotto be permitfed�5hd include
the model number and elevation, color scheefiesand single or two= =story for the
home being permitted and -the adiacent low
6. The front yard setback —s lI be-staggered bye, minimum of twenty (20) percent
on every third lot so that th&fron"Fsetback will rn�t be the same for three {3}
consecutive homes.
• The above require nts made modified; subiect to -th& review and approval of the Town
Council. The acd6A nce of ari�modification must bd-�i by written documentation
and graphics on how fhe proposed proiect isa superior project and provides increased
development dihd aF5-m i imum, but -mot limited to, address the following:
1- The proposal is cohsistent with the Town of Marana General Plan;
2. - With the exception 5 requested modification to the Residential Design
Requirements, the yoiW complies with the Land Development Code and
other- --applicable royiE iC ns of the Town of Marana Municipal Code, and if
applicable, the Northwest Marana Area Plan;
3. The site Fs a sijfficient 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;
4. The design, scale and layout of the proposed development will not
unreasonably interfere with the use and enioyment of the future residents, the
existing neighbors 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;
5. 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
attractive development of the site; and,
6. The design of the proposed development will provide a desirable environment
• for its occupants, the visiting public and its neighbors through good aesthetic
Title 8 - General Development Regulations
Page 13 of 14
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TOWN OF MARANA, ARIZONA
LAND DEVELOPMENT CODE
use of materials, texture, and color that will remain aestheticaliy appealing
. and will retain a reasonably adequate level of maintenance.
Residential Design Requirements Modification:
1. An application for modification to the Residential Design Requirements shall
comply in all respects with the provisions of this chapter and all other applicable
chapters of the Town of Marana Land Development Code.
2. An applicant shall submit all of the documents, exhibits, data, and other
requirements for Residential Design Requirements Modification approval to the
Development Coordinator.
3. In addition to the requirements of the precedinq�iar-agraphs, the applicant shall
provide to the Planning Director any add itionnformation, documents, or other
material relevant to the application that planrnng staff reasonably believes is
necessary in order for the Council to - eveivate, analyze, and understand the
subiect matter of the application. -_
4. An application for Residential Design Requirernents Modification shall not be
deemed to have been filed or- 4rroperly submitted until afr_of the above listed
requirements have been complied with. the Planning Director§§ call determine
compliance.
5. Consideration of an app
kacation for Resideial Design Requirements Modification
by the Town Council 4n d jhereon shalUake place in a public meeting, but
may be on the consent 'Dortion°=of the agenda or -with the approval of the
Preliminary plat. _
• 6. The procedu� - e - approval or denial °of Residential Design Requirements
Mod ificatioffbpplicatiolis shall berms follows
The -::Town Couricjl s1 ll improve, or- ny applications for Residential Design
RegUireme*s Mod ation pur an H the provisions of this chapter. Upon
tceipt of a�iecomtnendation on an application for Residential Design
Requirement M(5d planning staff, the Planning Director shall take the
necessary action To add " "application to the agenda of the next available
regular meeting of tie Tovr Council, or included the request with the proposed
preliminary =plat revielk whereupon the Town Council shall consider the proposed
Residential Design Requirements Modification application.
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Page 14 of 14
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MARANA ORDINANCE NO. 2003.28
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA, AMENDING THE MARANA LAND DEVELOPMENT CODE BY ADDING
SECTION 08.06 RESIDENTIAL DESIGN REQUIREMENTS 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 the Code from time to time; and
WHEREAS, the Code contains Title - 8 General Development Regulations, which provide
general development regulations for developing properties within the Town of Marana; and
WHEREAS, the Marana Planning Commission held a public hearing on a request to amend
Title 8 of the Code on October 29, 2003, and its members voted unanimously to recommend Town
Council approval of the proposed amendments; and
WHEREAS, the Town Council held a public hearing on the request to amend Title 8 of the
Code on December 2, 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
best interests of the residents and 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: Title 8 of the Marana Land Development Code is hereby amended by adding
Section 08.06 Residential Design Requirements, 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 -154.
Section 2: Title 8 of the Marana Land Development Code is hereby amended by adding
Mar= Ordinance No. 2003.28
Page 1 of 2
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
2nd day of December, 2003.
• ATTEST: Mayor BOBBY SUTTON, JR.
Jocelyn C. Bronson
Town Clerk
APPROVED AS TO FORM:
Frank Cassidy
Town Attorney
•
Marana Ordinance No. 2003.28
Page 2 of 2
TOWN OF MARANA, ARIZONA
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
08.06 Residential Design Requirements
08.01. Building Permits Required, Procedure Therefor
Any person, partnership, firm, or corporation desiring to construct, erect, or move, any
residential building or mobile home or associated outbuilding where such building or
mobile home contains more than one hundred twenty (120) square feet under roof, or
desiring to enlarge or substantially modify any residential building or mobile home where
such work will involve an area of more than one hundred twenty (120) square feet under
roof, shall first make application for a building permit to the Town Clerk and shall not
commence any such construction without first obtaining a building permit from the Town.
All applications for a building permit shall be accompanied by plans which have been
drawn to scale and which show the actual dimension of the lot to be built upon, the size
and location of existing buildings, if any, the building to be erected, enlarged, modified, or
moved, the location and layout of said structures with respect to front, rear, and side
property lines, and the location and layout of proposed off - street parking areas.
Even when a building permit is not required, any person, partnership, firm or corporation
constructing, erecting, enlarging, moving, or substantially modifying any residential
building or mobile home, or associated outbuilding, shall be responsible for compliance
with all other provisions of this development code.
Any person, firm, or corporation desiring to erect, construct, enlarge, move, or
substantially modify any commercial, industrial, quasi - public, or public building or structure
shall first make application to the Town Clerk for a separate building permit for each such
building or structure and shall not undertake any such construction, enlargement, or
movement without first obtaining a building permit from the Town. Each application for a
building permit shall be accompanies by plans which have been drawn to scale and which
show the actual dimensions of the lot to built upon, the size and location of existing
buildings, if any, the buildings to be erected, the location of the proposed off- street
parking.
Plans submitted for new construction or enlargement shall provide sufficient details of
proposed structural features, and electrical, plumbing, and mechanical installations to
permit evaluation of their adequacy by the Town Building Inspector.
The term, "substantially modify" shall be taken to mean the installation or removal of any
interior or exterior wall or the addition or replacement of an amount of electrical wiring or
plumbing equal to twenty -five (25) percent or more of such installation in the modified
building or structure.
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08.03 Adoption of the Uniform Building, Plumbing, and Electrical
with Exceptions Codes,
08.03.01 Height of buildings and structures
No building or structure, with the exception of a fence or wall that is not higher than six (6)
feet in height and which is not part of a building, shall be allowed to extend to a height
greater than the shortest distance for the base of the building or structure to the nearest
point on the closest property line of the lot on which said building or structure is situated.
08.03.02 Clear view of intersecting streets
No obstruction which will obscure the view of motor vehicle drivers shall be placed on any
corner lot within a triangular area formed by the street right -of -way lines and a line
connecting them at points of forty -five (45) feet from the intersection of adjacent street
right -of -way lines.
08.03.03 Drainage of lots
Surface water shall not be allowed to drain from any lot onto any adjacent lot, parcel, or
easement, except upon written agreement with the owner of said adjoining lot, parcel, or
easement.
08.03.04 Location of gasoline pumps
Gasoline pump islands and similar facilities for the dispensing of flammable materials,
including diesel fuel, propane, and butane, shall be set back not less than eighteen (18)
feet from any street right -of -way line to which the Pump
island is less than twelve (12) feet from any street right -of -way ne t which he Pump r island s t
l
parallel, and not less than twelve (12) feet from the property line of any residential lot. If
the pump island is set an angle on its lot, it shall be so located that motor vehicles stopped
for service shall not extend over the property line of the lot. In no case shall pumps be set
closer than twelve (12) feet to any side or rear lot line. Lots from which gasoline or similar
flammable fluids are dispenses to customers at retail or wholesale shall be not less than
seventy -five (75) feet in width nor less than one hundred feet in length. All approaches to
gasoline pumps or similar facilities shall be paved to a distance of no less than eighteen
(18) feet from the pumps or to the nearest property line, whichever distance is smaller.
08.03.06 Motor vehicle access
Access to all lots and parcels of land having frontage on public street shall be controlled as
follows:
A. Access shall be by not more than two driveways from any one street.
B. Driveways shall not be closer to each other than twenty (20) feet except
where a greater distance may be required by other provisions of this code.
C. Each driveway shall be not more than thirty (30) feet in width, measured at
right angles to the center line of the driveway, except as that distance may
be increased by permissible curb return radii.
D. On comer lots, no driveway shall be closer than thirty five (35) feet to the
point of intersection of the right -of -way lines of the intersection.
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Ord. 2003.28
t
TOWN OF MARANA, ARIZONA
LAND DEVELOPMENT CODE
08.03.07 Mobile homes
All mobile homes or similar units used as residences or as commercial or industrial
buildings shall meet the mobile home or manufactured home standards adopted by the
State of Arizona. All mobile homes or similar units put in place within the Town of Marana
shall be skirted on both sides and ends unless they are placed at ground level. One
screened panel (door), minimum 18 inches wide and 24 inches high, shall be placed at
each end of the unit for ventilation and emergency access to underside of mobile home.
Mobile homes or similar units may be placed at ground level providing they be installed
per the specification of the Office of Manufactured Housing, State of Arizona, and in
locations approved by the Planning and Zoning Administrator for the Town of Marana,
Town of Marana Engineer, or Building Official /Inspector of the Town of Marana, as related
to the hydrology of the proposed construction (placement) site.
08.03.08 Location of structures to house animals
No barn, shed, corral, fence, or other structure for the housing of confinement of bovine or
equine animals or swine, or for more than three (3) hoved animals of any other kind, shall
be erected, constructed, or moved to within one hundred (100) feet of a human residence,
except the residence of the owner of any of the aforementioned animals that are
maintained on that owner's own land.
08.03.09 Waste disposal
Sewerage systems and /or septic tank systems shall be constructed in accordance with the
standards of the Arizona Department of Health Services and the Pima County Health
Department, with compliance with such standards to be certified by the appropriate state
or county agency or the Town Engineer.
08.03.10 Lot numbers and building addresses
Each lot shall have a street address as assigned by the Town Planning and Zoning
Administrator in accordance with the Town's established address numbering system.
08.03.11 Designation of Non - public Facilities
When a building permit is issued for a structure on a lot that is not on a dedicated street or
which is not served by a sewer system operated by Pima County or the Town of Marana,
a statement to that effect will be placed on the building permit before issuance.
08.03.12 Irrigation Lines and Ditches
Irrigation channels, ditches or lines. Before a permit can be issued for development or
doubling the enterprise density of parcels or lots with an irrigation channel, ditch or line
either within the parcel or lot or adjacent thereto within perimeter easements or the nearest
1/2 of a street or alley right of way, such irrigation facilities shall be undergrounded in
accordance with a plan and schedule acceptable and agreed upon by the Town Engineer,
the subdivider and the owner of the irrigation facilities. Such undergrounding shall be
done in accordance with Town Standards. (Ord. 91.22 (part), 10/91).
Specifications for the installation of fiber optics.
A. Fiber optic cables or lines installed within the municipal limits of the Town of
Marana shall not be installed as a direct bury cable.
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LAND DEVELOPMENT CODE
B. All fiber optic cables or lines shall be installed within a conduit of at least one inch
PVC or other approved material. At the time of initial installation, one extra conduit
of at least one inch PVC or other approved material for future expansion shall also
be installed.
C. New conduit installation designated for fiber optic cables or lines shall be encased
in a minimum of six inches of concrete on all sides of the conduit or conduits. New
installations shall have a minimum of four feet of cover on the top of the concrete
encasement. A magnetic warning tape shall be placed two feet above the
encasement, which shall include a written message indicating the presence of fiber
optics in the conduit systems installed, even if they are initially intended to carry
standard copper wire cables.
D. In the event that fiber optic cables or lines are to be installed in existing conduit
systems, the installation thereof shall comply with the specifications in the
foregoing subsection.
E. All installations of fiber optic cables or lines, whether in new conduit installations or
existing conduit installations, shall require a permit.
F. Upon the submission of plans and the application for a permit, it shall be clearly
noted thereon by the Applicant that fiber optic cables or lines are to be installed
pursuant to the permit being requested.
G. Whenever the Town of Marana, private consultants or entities, or other agencies
request any information on existing utilities to be used on the preparation of
improvement or development or other plans, existing fiber optic cables or lines
shall be clearly indicated on information furnished by the applicable utility
company.
H. Any of the foregoing plans prepared shall include a special warning of sufficient
size and placed on the plans in such a way that contractors will be aware of the
presence and existence of fiber optic cables or lines.
I. Any fiber optic cables or lines installed within the Town of Marana shall be located
in the field, during construction, as part of the "Blue Stake" program.
J. Any locations marked on the ground surface shall include special notations that will
adequately indicate the existence of fiber optic cables or lines to the contractor.
(Ord. 87.12, 8/87).
Title 8 - General Development Regulations
Page 4 of 14
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TOWN OF MARANA, ARIZONA
LAND DEVELOPMENT CODE
• 08.04 Animal Keeping and Related Structures
Any person desiring to keep animals and or animal related structures for economic value
and or otherwise shall maintain those animals and structures consistent with all policies,
regulations, and 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 appurtenant to the keeping of animals on and or after the effective of
date of this section. This section has been promulgated to provide minimum regulations for
the protection of public health, animals, and the environment. Please refer to Chapter 6 of
the Marana Town Code for Animal Control Regulations applicable within the Town of
Marana.
08.04.01 General Maintenance
1. Animal keeping and related structures shall be arranged, conducted and or
maintained so that:
A. The animal keeping area is completely enclosed within an approved
fence consistent with the quantity age, and disposition of the animal(s)
being kept.
B. Construction materials are non - toxic.
C. Insects, vermin, odors, noises, manure, garbage and or other noxious
materials or practices do not compromise the public's health.
D. No condition of said use or structure restricts the rights of the adjacent
property owner to enjoy the use of their property.
E. Adequate water facilities are provided that prevent ponding of water.
F. Feeding occurs on impervious surfaces, as appropriate.
G. Frequent or continuous barks, squawks, and or other animal related
sounds are not audible to adjacent residential structures.
H. Generation of dust is minimized.
1. Outdoor lighting does not generate glare in the direction of streets and
or adjacent properties; and is consistent with the Town of Marana
Lighting Code.
2. Any person keeping animals shall ensure:
A. Animals are provided with food of sufficient quality and quantity, and
food is 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
to maintain good health.
G. Animal keeping structures are designed to minimize the risk of animal
injury and are of a size of space conducive to the animal's good health.
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
Title 8 - General Development Regulations
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TOWN OF MARANA, ARIZONA
LAND DEVELOPMENT CODE
than 5 acres and shall not be allowed to drain, contaminate, or pollute
any watercourse or riparian area.
J. Animals have access to a structurally sound, properly ventilated,
sanitary and weatherproof structure which provides relief from
exposure to severe weather conditions and is suitable for the species,
conditions and age of the animal(s) being kept.
K. Any public and or commercial animal keeping practice provides a
schedule for cleaning and maintaining structures. Said schedule shall
be posted on or near the structure being maintained in a manner
clearly visible to the public.
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 of15 minutes for every two working hours. During such rest
periods, the person in charge of such rental animal shall make
sufficient fresh water available.
3. Nothing in this section shall be deemed to prohibit the use of animal manure or
droppings on any farm, garden, lawn or ranch in a manner compatible with
customary methods of good horticulture.
4• Slaughtering for purposes other than for owner's consumption shall be
prohibited in all residential districts.
08.04.02 Development Standards
Unless otherwise noted; the regulation of animal densities permitted within this sub -
section shall not apply to un- weaned animals or household pets. Certain omissions to
the following sub - section regulations may be made when animal keeping and related
structures are sponsored by the 4 -H Club, Future Farmers of America or other similar
nonprofit organization, provided that a letter of authorization 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.
1 Apiaries
A. Beekeeping is prohibited in residential zones and or any lot less than
five (5) acres. The keeping of any bees shall require the construction
of an apiary.
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.
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. •
Title 8 - General Development Regulations
Revised 12/03 Page 6 of 14
Ord. 2003.28
TOWN OF MARANA, ARIZONA
LAND DEVELOPMENT CODE
• 2. Aviaries
A. The practice of bird keeping within a primary structure shall be limited
to 15 birds and shall not require the construction of an accessory
structure and /or aviary.
B. The keeping of more than 100 hundred birds is prohibited in and /or
adjacent to a residential district.
C. No person shall keep birds outside of their primary structure without
erecting an aviary.
D. A minimum of 1.5 square feet shall be provided for each bird.
E. Except in the AG Zone, aviary length or width shall not exceed 50
linear feet, nor shall the height exceed the maximum height for
structures of the applicable zoning district.
F. A single aviary shall not exceed 2,000 square feet.
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.
L A minimum of 20 feet shall be provided between any residential
structure and aviary.
3. Stables, Private
A. Minimum lot size shall be 1 acre.
B. One animal shall be permitted for every 10,000 square feet of lot area.
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.
E. Corrals shall be setback a minimum 30 feet from the front property Line.
F. A minimum of 400 square feet of fenced area shall be provided for
each animal.
4. Stables, Public
A. Minimum lot size shall be five (5) acres.
B. All animal structures shall be set back a minimum of 200 feet from any
adjacent residential property line and 100 feet from all other property
lines.
C. Corrals shall be set back a minimum of 30 feet from front property line.
D. A minimum of 400 square feet of fenced area shall be provided for
each animal
5. Kennels
A. Minimum lot size shall be one (1) acre.
B. Structures shall be set back a minimum of 60 feet.
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.
6. Fowl
A. Minimum lot size shall be one (1) acre.
B. A maximum of forty (40) animals per acre shall be permitted.
C. Structures shall be set back a minimum of 60 feet from any property
line.
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8. Livestock/ Large
A. Minimum lot size shall be 1 acre.
B. One animal shall be permitted for every 10,000 square feet of lot area.
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 property line.
E. A minimum of 400 square feet of fenced area shall be provided for
each animal.
9. Livestock/ Small
A. Minimum lot size shall be 1 acre.
B. One animal shall be permitted for every 5,000 square feet of lot area.
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 property line.
E. A minimum of 200 square feet of fenced area shall be provided for
each animal.
10. Ratites
A. Minimum lot size shall be two (2) acres.
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 -tight
fenced corrals.
D. The minimum setback for structures shall be 60 feet from any property
line; the minimum setback for corrals is 30 feet from any property line.
11. Riding Arena, Rodeo Grounds
A. Minimum lot size shall be three (3) acres for commercial and or public
arenas and grounds.
B. Minimum lot size shall be one (1) acre for arenas and grounds for
private recreation and training.
C. Minimum required setbacks for all arenas and or rodeo facilities such
as but not limited to a chute shall be 100 feet from any property line.
D. A minimum of 400 square feet of fenced arena or grounds shall be
provided 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.
12. Rodents
A. Minimum lot size shall be one (1) acre.
B. A maximum of forty (40) animals per acre shall be permitted.
C. Structures shall be setback a minimum of 60 feet from any property
line.
13. Swine
A. Minimum lot size shall be one (1) acre.
B. One (1) swine per acre shall be permitted for a parcel smaller than 5 .
acres.
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• 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 adjacent to the subject 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.
08.04.03 Enforcement
Upon finding by the Town that a violation of this section exists under application and or
review for new development the applicable permit or authorization shall be withheld.
08.04.04 Severability
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 apply to open range as determined under Arizona Revised Statutes.
08.04.05 Administrative Relief
The Planning Director may make administrative modifications to any standard
• established through Section 08.04 of the Land Development Code based on the
following procedure. The 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 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 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
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 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 with the use and enjoyment of neighboring existing or future
developments, will not create traffic or pedestrian hazards, and will not otherwise
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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 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 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.
9. The Modification on the proposed development is compatible with and enhances
the design of existing buildings and other physical features of the site.
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 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
property which make the standard in question unfair, oppressive or not in •
keeping with customary animal keeping practices; 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.
Title 8 - General Development Regulations
Revised 12/03 Page 10 of 14
Ord. 2003.28
TOWN OF MARANA, ARIZONA
LAND DEVELOPMENT CODE
08.05 Building Height Increase
Building heights may be permitted to increase a maximum of twenty percent (20 %) as
allowed the applicable zoning district, subject to the review and approval of the Town
Council. The acceptance of the increased building height must be supported by written
documentation and graphics on how the proposed project is a superior project and
provides increased development standards and at a minimum, but not limited to, address
the following:
1. The proposal is consistent with the Town of Marana General Plan;
2. With the exception of the requested building height increase, 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;
3. 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;
4. The design, scale and layout of the proposed development will not
unreasonably interfere with the use and enjoyment of the future residents
and the 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;
5. 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;
6. 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
7. The building height increase on the proposed development is compatible
with and enhances the design of existing buildings and other physical
features of the site.
8. The building height increase will not adversely affect view sheds.
Building Height Increase Approval:
1. An applicant for building height increase approval shall comply in all respects
with the provisions of this chapter and all other applicable chapters of the Town
of Marana Land Development Code.
2. An applicant shall submit all of the documents, exhibits, information, data, and
other requirements for building height increase approval to the Development
Coordinator and shall furnish all information and materials needed to satisfy the
requirements of this chapter.
3. In addition to the requirements of the preceding paragraphs, the applicant shall
provide to the Planning Director any additional information, documents, or other
material relevant to the application that planning staff reasonably believes is
• necessary in order for the Council to evaluate, analyze, and understand the
subject matter of the application.
Title 8 - General Development Regulations
Page 11 of 14
Revised 12/03 Ord. 2003.28
TOWN OF MARANA, ARIZONA
LAND DEVELOPMENT CODE
4. An application for building height increase shall not be deemed to have been filed •
or properly submitted until all of the above listed requirements have been
complied with. The Planning Director shall determine compliance.
5. Consideration of an application for building height increase by the Town Council
and action thereon shall take place in a public meeting, but may be on the
consent portion of the agenda or where a preliminary plat is pending in
conjunction with the approval of the preliminary plat.
6. The procedure for approval, or denial of building height increase applications
shall be as follows:
The Town Council shall approve, or deny applications for building height increase
pursuant to the provisions of this chapter. Upon receipt of a recommendation on
an application for building height increase from planning staff, the Planning
Director shall take the necessary action to add the application to the agenda of
the next available regular meeting of the Town Council, or included the request
with the proposed preliminary plat review, whereupon the Town Council shall
consider the proposed building height increase application.
•
•
Title 8 - General Development Regulations
Page 12 of 14
Revised 12/03 Ord. 2003.28
M
TOWN OF MARP NA, ARIZONA
LAND DEVELOPMENT CODE
• 08.06 Residential Design Requirements
The purpose of the Residential Design Requirements is to promote greater diversity
within residential developments by identifying the minimum expectations for new
residential developments within the Town of Marana.
The following requirements apply to all subdivisions which create lots less than 12,000
square feet in size.
1. No more than two (2) consecutive two -story homes will be allowed adjacent to
one another throughout the subdivision.
2. No corner lots shall contain two -story homes.
3. No two models with the same elevations shall be permitted adjacent to one
another throughout the subdivision.
4. No two homes of the same color scheme shall be permitted adjacent to one
another throughout the subdivision.
5. A note shall be placed on all applicable plats that states "All building permit site
plans shall give the setback information for the lot to be permitted, and include
the model number and elevation, color scheme and single or two -story for the
home being permitted and the adjacent lots.
6. The front yard setback shall be staggered by a minimum of twenty (20) percent
on every third lot so that the front setback will not be the same for three (3)
consecutive homes.
• The above requirements may be modified, subject to the review and approval of the Town
Council. The acceptance of any modification must be supported by written documentation
and graphics on how the proposed project is a superior project and provides increased
development standards and at a minimum, but not limited to, address the following:
1. The proposal is consistent with the Town of Marana General Plan;
2. With the exception of the requested modification to the Residential Design
Requirements, 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;
3. 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;
4. The design, scale and layout of the proposed development will not
unreasonably interfere with the use and enjoyment of the future residents, the
existing neighbors 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;
5. 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; and,
6. The design of the proposed development will provide a desirable environment
• for its occupants, the visiting public and its neighbors through good aesthetic
Title 8 - General Development Regulations _
Page 13 of 14
Revised 12/03 Ord. 2003.28 .
TOWN OF MARANA, ARIZONA
LAND DEVELOPMENT CODE
use of materials, texture, and color that will remain aesthetically appealing •
and will retain a reasonably adequate level of maintenance.
Residential Design Requirements Modification:
1. An application for modification to the Residential Design Requirements shall
comply in all respects with the provisions of this chapter and all other applicable
chapters of the Town of Marana Land Development Code.
2. An applicant shall submit all of the documents, exhibits, data, and other
requirements for Residential Design Requirements Modification approval to the
Development Coordinator.
3. In addition to the requirements of the preceding paragraphs, the applicant shall
provide to the Planning Director any additional information, documents, or other
material relevant to the application that planning staff reasonably believes is
necessary in order for the Council to evaluate, analyze, and understand the
subject matter of the application.
4. An application for Residential Design Requirements Modification shall not be
deemed to have been filed or properly submitted until all of the above listed
requirements have been complied with. The Planning Director shall determine
compliance.
5. Consideration of an application for Residential Design Requirements Modification
by the Town Council and action thereon shall take place in a public meeting, but
may be on the consent portion of the agenda or with the approval of the
preliminary plat.
6. The procedure for approval, or denial of Residential Design Requirements •
Modification applications shall be as follows:
The Town Council shall approve, or deny applications for Residential Design
Requirements Modification pursuant to the provisions of this chapter. Upon
receipt of a recommendation on an application for Residential Design
Requirement Modification from planning staff, the Planning Director shall take the
necessary action to add the application to the agenda of the next available
regular meeting of the Town Council, or included the request with the proposed
preliminary plat review, whereupon the Town Council shall consider the proposed
Residential Design Requirements Modification application.
•
Title 8 - General Development Regulations
Page 14 of 14
Revised 12/03 Ord. 2003.28
MARANA RESOLUTION NO. 2003-155
A RESOLUTION OF THE TOWN OF MARANA, ARIZONA, DECLARING AS A PUBLIC
RECORD, THAT CERTAIN DOCUMENT ENTITLED "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 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
2 nd day of December, 2003.
Mayor BOBBY SUTTON, JR.
ATTEST:
Jocelyn C. Bronson
Town Clerk
APPROVED AS TO FORM:
Frank Cassidy
Town Attorney
Mama, Arizona Resolution No. 2003 -155 Page I of 1
4
f
TOWN TOWN
COUNCIL OF
MEETING MARANA
INFORMATION
DATE: December 2, 2003
AGENDA ITEM: IX. B. 4
TO: Mayor and Council
FROM: Michael Reuwsaat, Town Manager
SUBJECT: Discussion/Direction: Request for approval of the restructuring of Development Services
and corresponding consulting services.
DISCUSSION:
Marana is undergoing significant growth with 3,000 -4,000 new residents moving to the town
each of the last two years. With Marana expected to see continued greater growth, planning
and development activity will increase. While the Development Services workload has grown
rapidly over the last few years, there has been little process or structural change to address the
increasing workload and demand. Thus, staff is recommending augmentation of the
Development Services Department to achieve better service for our citizens.
Please find the attached Development Services Organization Chart with the proposed changes
staff feels will achieve two objectives. The first objective is to increase customer service and
customer satisfaction. The second objective is to implement structural changes within the
Development Services which result in increased coordination and accountability for subdivision
development activities.
To achieve the first objective of increasing customer service and customer satisfaction, staff has
prepared an agreement with Dick Bowers, former City Manager of Scottsdale, to perform an
external and internal audit of the systems, structures and processes at the Development Services
Center with the intent on making a good organization better and stay ahead of issues which
predictably accompany rapid growth. Staff also recommends that a Private - Public Sector
Liaison position be established by contract to perform consulting services. This position will
report directly to the Town Manager and will be responsible for processing all Development
Services Center complaints and questions with the intent of improving customer service by
improving Development Services Center processes and will advocate both on behalf of the
external customer and town staff.
To achieve the second objective of increased coordination and accountability for subdivision
development activities, a Deputy Administrator of Development Services for Subdivision
Coordination will be added. The Planning Department, Building Services Department, and
Subdivision Engineering will be consolidated under this individual. With this consolidation of
oversight, increased coordination and improved subdivision review activities should result. The
Planning Department will be restructured with one additional position added in order to split
advance planning and current planning activities with the increased responsibilities and
expectations of this department. The Planning Director position will be upgraded to reflect
these new expectations. Finally, rather than continue to contract our all engineering for
subdivision review, a new department head will be added, creating the Subdivision Engineering
Department, to internally process subdivision engineering. While this will initially be formed
as a department head overseeing consultant activities and in -house permit staff, the Subdivision
Engineer will be expected to develop in -house staff resources to perform the review services
presently provided by consultants. Improved review consistency and development of town
subdivision standards which are specific to the town's unique environment will be major
expectations of this new Department.
With these proposed changes, the number of additional staff will only increase by one position
as the Assistant Town Manager position and Technical Services Director will not be filled this
year. In fact, I am recommending that the Technical Services Director be deleted from future
consideration. The Subdivision Engineering Department Head will be funded from savings
from the engineering consulting services budget.
It is my expectation that these changes will result in positive changes in customer service and
customer satisfaction for Development Services customers. Communication, coordination,
consistency, and accountability for subdivision development and planning activities should also
be significantly enhanced. I appreciate your support in advance in this regard.
RECOMMENDATION:
The Town Manager recommends approval of the restructuring of Development Services and the
consulting contracts with Dan Sullivan and Dick Bowers.
SUGGESTED MOTION:
I move that the recommended restructuring of Development Services be approved and the
consulting contracts with Dan Sullivan and Dick Bowers also be approved.
AGREEMENT FOR SERVICES
This Agreement for Services is made and entered into this day of November, 2003 by and
between the TOWN OF MARANA, an Arizona municipal corporation, ( "Town ") and DAN SULLIVAN,
( "Consultant ").
IN CONSIDERATION of the mutual covenants and restrictions contained in this Agreement, it is
mutually agreed as follows:
ARTICLE I. INDEPENDENT CONTRACTOR STATUS
The parties understand and agree Consultant is an independent contractor and nothing in this
Agreement shall make Consultant an employee of the Town. It is expressly understood and agreed by the
parties that Consultant is solely responsible for all his federal, state and local taxes, including but not
limited to FICA, unemployment compensation and worker's compensation insurance, and will not be
subject to the Town personnel policies or entitled to any benefits of the Town.
ARTICLE II. SCOPE OF WORK/COMPENSATION
A. ENGAGEMENT AND SCOPE OF SERVICES: The Town shall retain Consultant in the
capacity of Private- Public Sector Liaison for citizen complaints, and particularly for complaints
involving the Town's Development Services Center. Consultant shall serve at the direction of the
Town Manager, and his duties shall include but not be limited to following up, investigating,
tracking and documenting all citizen complaints. Consultant shall maintain a log of all citizen
. complaints and their status. Consultant shall work about half time (that is, about twenty hours per
week), dividing his time in and out of the office as necessary to give personal attention to
members of the public in the process of taking, responding to and following up on citizen
complaints. The Town shall provide Consultant a cell phone, office and office supplies,
computer, and business cards.
B. COMPENSATION: For the services contemplated in this Agreement, the Town shall pay
Consultant the sum of Twenty Five Dollars an hour, payable based on bi- weekly Consultant
invoices itemizing the number of hours worked and the generally described services performed
each day.
C. INDEMNIFICATION: The Town shall indemnify and hold harmless Consultant while
Consultant is acting on behalf of the Town and within the scope of this contract, against any and
all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind of
nature that are attributed to work performed by Consultant pursuant to his contractual duties.
ARTICLE III. TERM
This contract shall commence on the date reflected above and is expected to be in place for about
six months from the date of this Agreement but shall nevertheless continue until further notice, subject to
the termination provisions of this contract.
ARTICLE IV. TERMINATIONIMODIFICATIONS
• A. IMMEDIATE TERMINATION: This contract shall terminate immediately:
- 1 - 11/19/2003 10:37 AM
1. Upon the death or incapacity of Consultant.
2. If the Town and Consultant mutually agree in writing to termination.
B. TERMINATION BY REQUEST: Either Consultant or Town may, with or without cause,
terminate this Agreement by giving the other party three days written notice of termination of this
Agreement.
C. MODIFICATION BY MUTUAL AGREEMENT: This Agreement may be modified by
written agreement of the parties without prejudice or penalty to either. Agreement by the Town
requires approval of the Town Manager.
ARTICLE V. MISCELLANEOUS
A. ENTIRE AGREEMENT: This Agreement supercedes any and all agreements previously made
between the parties relating to the subject matter of this Agreement and there are not
understandings or agreements other than those incorporated in this Agreement. This Agreement
may not be modified except by an instrument in writing duly executed by all parties.
B. PARTIES BOUND: This Agreement shall be binding upon and inure to the benefit of the parties
and their respective heirs, legal representatives, successors and assigns. It is expressly understood
Consultant may not assign any rights or obligations under this Agreement without the prior
written consent of Town.
C. GOVERNING LAW: This Agreement shall be governed by and construed and interpreted in
accordance with the law of the State of Arizona.
D. ATTORNEY'S FEES: In the event there is a breach of this Agreement that results in litigation,
the prevailing party shall be awarded its attorney's fees and court costs incurred in such litigation.
E. HEADINGS, REFERENCES: The headings used in the Agreement are for convenience only
and shall not constitute a part of this Agreement. Unless the context clearly requires otherwise,
all references to "sections" and other subdivisions are to the sections and subdivisions of this
Agreement.
F. SEVERABILITY: If any provision of the Agreement shall under any circumstances by deemed
invalid or inoperative, this Agreement shall be construed with the invalid or inoperative provision
deleted and the rights and obligations construed and enforced accordingly.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first
above written.
TOWN OF MARANA: CONSULTANT:
By:
Michael A. Reuwsaat, Manager Dan Sullivan
•
-2- 11/19/2003 10:37 AM
r. a. bowers & associates
- Proposal-
. � Revised 11.12.03..
TOWN OF MARANA, ARIZONA
Systems, Structures and Process Improvements
DSC Operations
Summary: The Town Manager of the Town of Marana is seeking support to examine
the systems, structures, and operation processes employed by the Town in service to the
community. The Town of Marana is growing rapidly and will likely continue to do so
into the foreseeable future. The Town intends to be fully prepared to manage that
growth in a proactive, professional manner that produces the outcomes envisioned by
the Council, Manager and citizenry. While there are several areas Marana intends to
review, the most urgent need is to evaluate and identify areas to improve the
Development Services Center (DSC) systems and operation. The DSC is on the front
line of the effort to shape the Town's future. This proposal will focus on that area. The
elected and senior appointed officials have received a number of complaints over a
period of time and have concern about the service level provided in relationship to the
needs and expectations they have for performance in the current and anticipated growth
environment.
The Town has proactive leadership. The intent is to make a good organization better and
stay ahead of the issues predictably accompanying rapid growth patterns. The Town is
strategically positioned to accrue significant economic benefits from transportation
systems and proximity to major urban markets. There is significant community concern
that Town values, history and sense of place should not compromised by growth. The
challenge presented is to assure that the economics and community financial needs are
weighed thoughtfully in developing a balanced and sound strategic plan.
Specific issues to be addressed in this project include but are not limited to:
1. Conduct several interviews and focus groups to determine the current status
of the DSC and how it is seen inside the organization by employees and by
the community of stakeholders.
2. Evaluate the DSC systems as they relates to the DSC processes.
3. Evaluate and establish quality control processes.
4. Identify approaches to narrow the gap between performance and stakeholder
expectations through attention to both `sides' of the issue
5. Make recommendations for improvements and facilitate resolution as
needed.
6. Evaluate communication processes to assure optimal engagement of
stakeholders in the DSC processes.
7. Evaluate optional systems and structures, including outsourcing.
-2- November 17, 2003
The outcome of this project will be a stronger organization with the capacity to
continually improve itself and adapt to shifting elements of the Town's growth.
Stakeholders will feel respected and engaged in establishing mutually productive
interaction. The DSC will be seen as fully professional, very efficient and capable of
achieving the balance of economic strength and community character that is expected.
The organization will function as a cohesive team with self - regulating attention to
systems, people or behaviors that counter that intention. The public will see the Town
of Marana development services systems as very effective, in touch with the Town needs
and a model to be followed. The Town Council will have confidence in the systems,
processes and leadership. And, the Town Managerwill be satisfied that the
improvements and the ongoing capacity for adaptive improvement will serve the
organization and communitywell.
Process: An effort of this kind is often best addressed in phases. One phase influences
the other. The three phases are:
1. Data gathering and analysis Obtain information from a number of
sources to gain clarity regarding the current state of the DSC customer
service and communication efforts, the challenges being faced, the
emerging issues, strengths and weaknesses within existing systems and
the desired future as seen by stakeholders inside and outside the
organization. Analyze the data gathered to begin identification of
effective strategies to employ in strengthening the DSC operation. I
suggest that we use five steps to data gathering as follows:
Detailed discussion with Town Manager and core administrative
team to identify specific questions to be addressed and
stakeholder individuals and groups to be included.
Review materials, processes and structures associated with the
current DSC operation. Included in this are formal codes,
internal stated and unstated value systems, directives,
communication systems, evaluation and review techniques,
customer service philosophy and related elements. An initial
review will add to the structure of subsequent data gathering and
remain flexible enough to pursue unanticipated avenues.
• Conduct one-on-one interviews with core stakeholders. This
includes the Town Council, Town Manager, staff leadership as
identified by the Town Manager but including senior staff at the
DSC and department heads connected with DSC processes.
Several key community stakeholders identified by the Council and
Town Manager will be included. Questions will be pre -set to
allow basic continuity in data gathering but include an
opportunity for open comment. Interview duration will be
determined by content but likely to last 40 -50 minutes. The focus
of the questions will be the quality and impact of DSC customer
service efforts, communication systems, interviewee expectations
and strengths and weaknesses of the current structure. (See
attached draft A)
i
-3- November 17, 2003
• Conduct focus groups of 10-12 people in the development
co to discuss the DSC in an interactive `forum' setting.
These focus groups can be formed and the questions designed to
follow-up and amp*points of interest from the one -on -ones.
While I project the need for 2 such focus groups, circumstances
may suggest more after the initial discussion. Generally two is
satisfactory. We may want to add a focus group of non-
development oriented business and community leaders if
indications suggest. This group might include banks, major retail,
small business, Chamber of Commerce etc. (See attached draft B)
• Prepare a report s ummarizing the data, providing analysis and
preliminary recommendations and conduct a detailed review with
the Town Manger to determine specific areas of attention for the
next step.
2. Develop detailed recommendations for improvements to systems,
structures, processes and evaluative tools. This phase will flow from the
fast. The detail necessary will be dependent on the strategies employed.
I believe that the establishment of a core steering committee for this
effort with the Town Manager as a member will allow the detailed
recommendations to be carried out with a minimal consultant
dependency. However, it will be important that recommendations
provided to the Town manager are specific, detailed and predictive
3. Establish follow -up measures and processes to maintain a consistent
attention to process improvement, performance measurement of _ key
activities and general continuous improvements
Fees: My fee structure for In-State public projects is $225 per hour. I don't count
minutes and have always given more time than billed. An estimated cost for the first
phase will assume the following:
■ 16 hours of preparation, materials review and specific design
■ 32 hours on site to conduct interviews with Council, Staff and
Community leaders (one interview per hour allows for notes
summary while the interview is current)
■ 24 hours for design and conduct of focus group of development
community representatives (3 -5 focus groups)
8 -12 hours report writing and summaries
■ 8 hours (if needed) miscellaneous meetings, adjustments,
additional interviewees, etc.
■ Total cost estimate is $16,000- 20,700. Every effort will be made
to `value engineer' the effort to keep costs at a rr i i
■ Expenses are expected to be minimal and will be billed at actual
cost. Any unusual expenses will be discussed in advance.
■ Travel time will be billed at 1 h hourly rate and not to exceed 1
hour each way from Phoenix.
My staff associate fee is $125 per hour. I use associates for components of
assignments that can be handled in a high quality fashion without my personal
e
-4- November 17, 2003
involvement. My associate for this project will have a limited role with interviews of
additional positions in the organization, follow-up for detail with stakeholders,
application of his expertise in design elements and interacting with me as needed to
assure a thorough and balanced project. He will be used where it is not necessary for
my specific personal attention. However, all work done by my associate will be
thoroughly reviewed by me and woven into my observations as appropriate. I will
assign John Faramelli to assist me as associate on this project. I expect his time of
engagement will not exceed 24 hours. John is a highly respected career manager in
the development services arena. He worked for me in Scottsdale and has a
background that includes the formation of community development organizations
and systems in highly complex change environments. John is one of the most
competent, honest and insightful people I have ever worked with. He is well
credentialed and highly regarded in his profession. He is retired from active service
and teaches young men to be better citizens through sports as well as assisting me
with important projects.
Future phases can be better estimated as we discuss the specific needs. I have a
strong bias against consultant dependency and will manage my work in support of
your intentions with that in mind. I will be very sensitive to both the quality of the
outcome and the cost associated. It will be very helpful for both you and me to have
a small core of guiding leadership from the organization to serve as advisors to the
project and key lieutenants in the associated change effort.
Overall estimate for the second and third phase is in the range of $15,000 to
$24,000 and includes design of materials to use in training, culture change, follow-up
and monitoring. In addition this phase will include facilitation of initial process
elements and training others to carry the message further. I will personally conduct
any workshops or sessions that would be involved with the intent to `train the
trainers' while doing so. I would expect to be in regular contact with the Town
Manager and meet/converse manytimes as the process moves along.
Work can begin as soon as you would like. I expect all phases will be concluded in
fewer than 6 months, flowing at a reasonable pace.
Qualifications: I have considerable experience in the areas of interest driving this
project. Both as a professional manager and consultant, I have encountered and
addressed organizational change efforts in all elements of local government. I have
attached a brief bio and am very pleased to submit references.
Respectfully submitted,
2" I�Mte�
Richard A Bowers, President
R A Bowers & Associates
Town of Marana « MARANA /
DSC Interview Questions
Name /Title
Note: These are draft questions. They are focused but open-ended to obtain both the
consistency of data that can be tabulated and the freedom to express thoughts that will be
capture as ideas and reported accordingly, drawing linkages as appropriate.
• How long living / doing business in Marana?
• What do you like best about Marana
• What do you like least?
• What is the most critical issue facing Marana today?
• If you could change one thing in the Town today, what would it be?
• Let me focus specifically on the DSC What are your views on the development
process? What's right, wrong, needs to be improved?
40
434-5 X 16 Street, Stute #119
Phoenix, Z 850118
' R A. Bowers & Associatcs
• What are the most significant weaknesses in the development process... those that
will limit the ability of the DSC to meet future needs of Marana?
• What are the greatest strengths in the development process... those that will
enhance the ability of the DSC to meet the future needs of Marana?
• If you could wave a wand and something in the development process would change
today, what would it be?
• Anything else you want to add?
4545 N. 36 11, Street, Stt to n 119
Phoenix, AZ 85018
}
Town of Marana
Development Services
11/01/03
Development Services
Administrator
GIS
Capital Improvements Operations &
Maintenence
Development
Coordinator
Planning Services Building Services
r
n . Advance Consulting Services
TOWN COUNCIL TOWN
MEETING OF
INFORMATION MARANA
ATE: December 2, 2003
AGENDA ITEM: IX. B. 5
TO: Mayor and Council
FROM: Jane Howell, Human Resources Director
SUBJECT:_ Discussion/Direction: Staffing Recommendations for reorganization of Development Services, re-
assignment of G.I.S. Division to Development Services and establishment of N.I.T. Department,
with Tony Cassella reclassified from N.I.T. Manager to N.I.T. Director.
DISCUSSION:
The Town Manager has evaluated the existing organization of departments and positions in
Development Services and concluded that re- alignment would improve the ability to provide the quality
of customer service to the users of development services desired. A n organizational chart showing
changes in reporting lines is attached. The changes are as follows:
A. Development Services Positions —
1. An additional deputy planner to oversee current planning will complement the existing
deputy planner in charge of advance planning.
2. A new position of subdivision engineer will provide oversight for consulting services.
3. A new position of deputy administrator over subdivision coordination will supervise
Planning Services, Building Services and Subdivision Engineering.
B. As a result of Kevin Sweeney's resignation, Technical Services has been reorganized as
follows:
1. Geographic Information Systems (G.I.S.) has been re- assigned to Development
Services, with Manager Jack Avis reporting to Administrator Jim DeGrood.
2. Network Information Technology (N.LT.) is now a separate department, with Tony
Cassella becoming at -will director of the new department. Tony will report to Town
Manager Mike Reuwsaat.
Fiscal impact of these is expected to be little, if any, as a result of savings from and reallocations of
authorized funded positions.
RECOMMENDATION:
Human Resources staff recommends authorization to hire a development services deputy administrator,
a subdivision engineer and an additional deputy planner in charge of current planning. In addition, staff
recommends reclassification of the N.I.T. Manager to N.I.T. Director.
SUGGESTED MOTION:
I move to approve.
HR/JH/ComciMuesheet/Reorg DSC,etc
11/26/03