HomeMy WebLinkAbout09/02/2013 Council Agenda PacketMARANA TOWN COUNCIL
REGULAR COUNCIL MEETING
NOTICE AND AGENDA
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, September 3, 2013, at or after 7:00 PM
Ed Honea, Mayor
Jon Post, Vice Mayor
David Bowen, Council Member
Patti Comerford, Council Member
Herb Kai, Council Member
Carol McGorray, Council Member
Roxanne Ziegler, Council Member
Pursuant to A.R.S. § 38-431.02, notice is hereby given to the members of the Marana Town Council and to
the general public that the Town Council will hold a meeting open to the public on September 3, 2013, at or
after 7:00 PM located in the Council Chambers of the Marana Municipal Complex, 11555 W. Civic Center
Drive, Marana, Arizona.
ACTION MAY BE TAKEN BY THE COLTNCIL ON ANY ITEM LISTED ON THIS AGENDA. Revisions
to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items appear in italics.
As a courtesv to others, please turn off or put in silent mode all pagers and cell phones.
Meeting Times
Welcome to this Marana Town Council meeting. Regular Council meetings are usually held the first and third
Tuesday of each month at 7:00 PM at the Marana Municipal Complex, although the date or time may change
and additional meetings may be called at other times and/or places. Contact the Town Clerk or watch for
posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a
case a new agenda will be posted in place of this agenda.
Speaking at Meetings
If you are interested in speaking to the Council during the Call to the Public or Public Hearings, you must filt
out a speaker card (located in the lobby outside the Council Chambers) and deliver it to the Town Clerk prior
to the convening of the meeting.
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.
Accessibilitv
To better serve the citizens of Marana and others attending our meetings, the Council Chambers are
wheelchair and handicapped accessible. Persons with a disability may request a reasonable accommodation,
Regular Council Meeting - September 3, 2013 - Page 1 of 178
such as a sign language interpreter, by contacting the Town Clerk at (520) 382-1999. Requests should be
made as early as possible to arrange the accommodation.
Agendas
Copies of the agenda are available the day of the meeting in the lobby outside the Council Chambers or online
at www.marana.com, by linking to the Town Clerk page under Agendas, Minutes and Recent Actions. For
questions about the Council meetings, special services or procedures, please contact the Town Clerk, at 382-
1999, Monday through Friday from 8:00 AM to 5:00 PM.
This Notice and Agenda Posted no later than Monday, September 02, 2013, 7:00 PM, at the Marana
Municipal Complex, 11555 W. Civic Center Drive, the Marana Operations Center, 5100 W. Ina Road, and at
www.marana.com on the Town Clerk page under Agendas, Minutes and Recent Actions.
REGULAR COUNCIL MEETING
CALL TO ORDER AND ROLL CALL
PLEDGE OF ALLEGIANCE/INVOCATION/MOMENT OF SILENCE
APPROVAL OF AGENDA
CALL TO THE PUBLIC
At this time any member of the public is allowed to address the Town Council on any issue within the
jurisdiction of the Town Council, except for items scheduled for a Public Hearing at this meeting. The
speaker may have up to three minutes to speak. Any persons wishing to address the Council must
complete a speaker card located outside the Council Chambers and deliver it to the Town Clerk prior to
the commencement of the meeting. Individuals addressing a meeting at the Call to the Public will not be
provided with electronic technology capabilities beyond the existing voice amplification and recording
capabilities in the facilities and the Town's overhead projector/document reader. 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, and may ask staff to review the
matter, or may ask that the matter be placed on a future agenda.
PROCLAMATIONS
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
PRESENTATIONS
CONSENT AGENDA
The Consent Agenda contains items requiring action by the Council which are generally routine iterns
not requiring Council discussion. A single motion and affirmative vote will approve all items on the
Consent Agenda, including any resolutions or 4rdinances. Prior to a motion to approve the Consent
Agenda, any Council member may remove any item from the Consent Agenda and that item will be
discussed and voted upon separately.
C 1: Resolution No. 2013-082: Relating to Community Development; approving and
authorizing the Mayor to execute an intergovernmental agreement between Pima County
Regular Council Meeting - September 3, 2013 - Page 2 of 178
and the Town of Marana for the management and implementation of the 2013-2014
Community Development Block Grant Program (T VanHook)
C 2: Resolution No. 2013-083: Relating to Development; approving a release of
assurances for San Lucas Blocks 3 and 4 and acceptance of public improvements for
maintenance. (Keith Brann)
C 3: Approval of the August 20, 2013 council meeting minutes (Jocelyn C. Bronson)
LIQUOR LICENSES
BOARDS, COMMISSIONS AND COMMITTEES
COUNCIL ACTION
A 1: PUBLIC HEARING: Relating to Development; public hearing to discuss and
consider an application by the property owners to annex an approximately 36.79 acre
parcel of property located on the northeast corner of Twin Peaks and Oasis Roads.
(Cynthia Ross, AICP)
A 2: PUBLIC HEARING: Ordinance No. 2013.021: Relating to Development;
adopting the revised Casa Sevilla Specific Plan; modifying development standards
pertaining to lot size, grading limits, lot coverage, and maximum building height; and
allowing an increase in the number and type of homes (Jenna Reilly)
A 3: PUBLIC HEARING: Ordinance No. 2013.022: Relating to Development;
amending the Marana Land Development Code to prohibit medical marijuana dispensary
offsite cultivation locations throughout the Town; amending Marana Land Development
Code Section OSA2.06 (Medical Marijuana Uses in Zones A-E), Section 05.10.01 (AG
Agricultural), Section 05.11.04 (RC Regional Commercial), Section 05.12.02 (Light
Industrial), Section 05.12.03 (HI Heavy Industry), and Section 08.08 (Medical Marijuana
Uses); and establishing an effective date.
Resolution No. 2013-084: Relating to Development; declaring as a public record filed with
the Town Clerk the amendments adopted by Ordinance No. 2013A22, amending Marana
Land Development Code Title 5(Zoning) and Title 8(General Development Regulations),
prohibiting medical marijuana dispensary offsite cultivation locations in the Town of
Marana (Laine Sklar)
ITEMS FOR DISCUSSION/POSSIBLE ACTION
D 1: Relatin to Legislation and Government Actions; Discussion and possible acrion
regarding all pending state, federal, and local legislation/government actions and on recent
and upcoming meetings of other governmental bodies (Gilbert Davidson)
EXECUTIVE SESSIONS
Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which will
not be open to the public, to discuss certain matters.
E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for
discussion or consultation for legai advice with the Town Attorney concerning any rnatter
listed on this agenda.
E 2: Executive Session pursuant to A.R.S. § 38-431 A3(A)(3), (4), and (7) for discussion
and consultation with the Town's attorneys for legal advice and to consider the Town's
Regular Council Meeting - September 3, 2013 - Page 3 of 178
position and instruct its representatives regarding pending negotiations with the Arizona
State Land Department concerning the Tortolita Preserve Lease.
E 3: Executive session pursuant to A.R.S. § 38-431.03(A)(4), for discussion or
consultation with the Town's attorneys concerning the lawsuit entitled Guerena vs. Pima
County, Pima County Superior Court No. C20117686 (in which the Town of Marana is
named as one of the co-defendants)
FUTURE AGENDA ITEMS
Notwithstanding the mayor's discretion regarding the items to be placed on the agenda, if three or more
Council members request that an item be placed on the agenda, it must be placed on the agenda for the
second regular Town Council meeting after the date of the request, pursuant to Marana Town Code
Section 2-4-2(B).
ADJOURNMENT
Regular Council Meeting - September 3, 2013 - Page 4 of 178
11555 W. CNIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, September 3, 2013, 7:00 PM
To: Mayor and Councit
From: T VanHook, Community Development Director
Strategic Plan Focus Area:
Community
Strategic Plan Focus Area - Additional Information:
Item C 1
The supply of safe, affordable housing is a basic need in our community. The Town's CDBG funded
Owner-Occupied Housing Rehabilitation advances action strategies under the Community Building
focus area by offering alternative funding for the rehabilitation of infrastructure in older neighborhoods
and Colonias.
Subject: Resolution No. 2013-082: Relating to Community Development; approving and authorizing
the Mayor to execute an intergovernmental agreement between Pima County and the Town
of Marana for the management and implementation of the 2013-2014 Cornmuniry
Development Block Grant Program
Discussion:
The Community Development Block Grant (CDBG) program, established by Congress in 1974,
provides communities with resources to address a wide range of unique community development needs.
Administered by the U.S. Department of Housing and Urban Development (HUD), the CDBG program
provides annual grant funding, on a formula basis, to 1209 general units of local government and states.
HUD awards grants to entitlement community grantees to carry out a wide range of community
development activities directed toward revitalizing neighborhoods, economic development, and
providing improved community facilities and services.
Entitlement communities develop their own programs and funding priorities. However, grantees musf
give maa�imum feasible priority to activities which benefit low- and moderate-income persons. A grantee
may also carry out activities which aid in the prevention or elimination of slums or blight. Additionally,
grantees may fund activities when the grantee certifies that the activities meet other community
development needs having a particular urgency because existing conditions pose a serious and
immediate threat to the health or welfare of the community where other financial resources are not
available to meet such needs. CDBG funds may not be used for activities which do not meet these broad
national objectives.
Eligible grantees include: principal cities of Metropolitan Statistical Areas (MSAs); other metropolitan
cities with populations of at least 50,000; and qualified urban counties with populations of at least
200,000 (excluding the population of entitled cities). HUD determines the amount of each entitlement
grant by a statutory dual formula which uses several objective measures of community needs, including
the extent of poverty, population, housing overcrowding, age of housing and population growth lag in
relationship to other metropolitan areas.
Regular Council Meeting - September 3, 2013 - Page 5 of 178
Because the Town does not meet the entitled communities criteria, any CDBG funding received by the
Town must be allocated by Pima County. These funds are subject to both the federal CDBG guidelines
and the HUD-approved plan developed by Pima County. The Town is able to apply for use of a portion
of Pima County's CDBG funding through an annual proposal process. Earlier this year, the Town
applied for funding for project specific programs and for funding to cover the cost of administering
programs that address the needs of low- to moderate-income families. Pima County awarded the Town
of Marana $85,500 from the FY 2013-2014 Community Development Block Grant Program. This is
a slight decrease in funding from the 2012-2013 award, making it, for the third consecutive year, the
lowest CDBG award in the Town's history. The decrease continues a trend of cuts that have placed
limits on the Town's ability to provide services to citizens.
This year's awards were made in four categories: (1) Owner-Occupied Housing Rehabilitation $35,500;
Emergency Home Repair $25,000; Colonia-Neighborhood Cleanup $10,000; and Administration
$15,000. Funding provided by Pima County through the proposed IGA will cover equipment and
services for these programs retroactively from July 1, 2013, running through June 30, 2014. Quarterly
reports will be provided to Pima County as a condition of the IGA.
Financial Impact:
This funding does not require any match or leveraged funding. All services will be provided with direct
cost reimbursement.
ATI'ACHMENTS:
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Staff Recommendation:
Staff recommends approval of the intergovernmental agreement with Pima County for the management
and implementation of the 2013-2014 Community Development Block Grant Program.
Suggested Motion:
I move to adopt Resolution No. 2013-082 approving and authorizing the mayor to execute an
intergovernmental agreement between Pima County and the Town of Marana for the management and
implementation of the 2013-2014 Community Development Block Grant Program.
Regular Council Meeting - September 3, 2013 - Page 6 of 178
MARANA RESOLUTION NO. 2013-082
RELATING TO COMMUNITY DEVELOPMENT; APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA
COUNTY AND THE TOWN OF MARANA FOR THE MANAGEMENT AND
IMPLEMENTATION OF THE 2013-2014 COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM
WHEREAS the Town of Marana recognizes the need to provide safe affordable housing
and neighborhood infrastructure for its citizens and has applied for Community Development
Block Grant (CDBG) funding for these purposes; and
WHEREAS Pima County has been awarded funding from the U.S. Department for Hous-
ing and Urban Development under the CDBG program for the 2013-2014 federal fiscal year; and
WHEREAS the Town of Marana has been selected as a sub-grantee through Pima Coun-
ty's proposal process; and
WHEREAS the parties may contract for services and enter into agreements with one another
for joint or cooperative action pursuant to A.R.S. § 11-952, et Se and
WHEREAS the Mayor and Council of the Town of Marana find it is in the best interests of
its citizens to enter into this intergovernmental agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The intergovernmental agreement between the Town of Marana and Pima
County attached to and incorporated by this reference in this resolution as Exhibit A is hereby ap-
proved, and the Mayor is hereby authorized and directed to execute it for and on behalf of the Town
of Marana.
SECTION 2. The Town's Manager and staff are hereby directed and authorized to under-
take all other and further tasks required or beneficial to carry out the terms, obligations, and objeo-
tives of the intergovernmental agreement.
-1-
Regular Council Meeting - September 3, 2013 - Page 7 of 178
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 3` day of September, 2013.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
-2-
Regular Council Meeting - September 3, 2013 - Page 8 of 178
lNTERGOVERNMENTAL AGREEMENT
between
Pima County and Town of Marana
for
Management and lmpiementation of the Community Deve[opment 81ock Grant Program
THIS Intergovernmenta! Agreement (IGA) is entered into by and between Pima Gounty, a body poiitic and corporate of the State of
Ar�zona (" COUNTY") and Town of Marana, a municipality of the State of Arizona (°TOWN").
RECITALS
A, COUNTY and TOWN may contract for services and enter into agreements with one anofher forjoint or cooperative action pursuant to
A.R.S. § 91-951, etseq.
B. TOWN is authorized by A.R.S. §9-500.11 to expend public monies for and in connection wifh ecanomic development activities.
C. COUNTY is authorized by A.R.S. §§ 11-254.04, 11-251 (5) and 11-251 (17) to spend public monies to improve and enhance the
economic welfare and health of the inhabitants of fhe COUNTY.
D. COUNTY and TOWN are authorized by A.R.S. § 36-1403 to exercise certain powers relating to housing projects.
E. COUNTY applied for and received Community Development Block Grant ("CDBG") funds in the amount of $2,518,935.00 from the U.S.
Department of Fiousing and Urban Devetopment ("HUD") under Titfe I of the Housing and Community Development Act of 1974, as
amended (Public �aw 93-383).
F. Under soticitation number CDNG12-31-12-CDBG-ESG COUNTY sought proposals from bcat agencies for Federal Fiscal Year2013-
2014 for programs that would qualify for CDBG funds.
G. TOWN submitted a response to this COUNTY soficitation.
H. COUNTY has defermined the services proposed in the Town's response to the salicitation are eligible activities under C�BG and that
TOWN is qualified to provide the services.
I. TOWN'S program was determined to be in the best interests of the residents of Pima County.
J. The 2413-2014 Annua( Action Plan COUNTY submitted to HUD to obtain CDBG funds, included TC3WN'S proposal.
K. COUNTY finds that it is appropriate to provide CDBG funds for TOWN'S program.
NOW THEREFOF2E, COUN?Y and TOWN, pursuant to the above, and in consideration of the matters and things hereinafter set torth, do
mutually agree as follows:
AGREEMENT
1. Purpose. This !GA es#abtishes the rights and responsibilities of the Parties for the provision of CdBG funding to TOWN forthe spe�c
activities described in the Project Summary attached as Exhibit A.
2. Scope. In consideration for the GDBG funds received, TOWN shall:
A. Perform in accordance with the Projecf Summary Exhibit A. The work under this must be performed to the satisfadion of the
GOUNTY.
B. Comply with the Special Agency Conditions set forth in Exhibit B.
C. Use CDBG funds in accordance with terms of:
1. The 2013-2014 Annual Acfion Plan ("Plan") submitted by COUNTY to HUD for CDBG funding;
2. Tha Certifications that were submitted concurrently with the Plan; and,
3. The tntergovernmental Cooperafive Agreement beiween Pima County and Town of Marana for fhe Community Development
Black Grant Program and Home Investment Partnership Program contained in Exhibit D and fully incorporated herein.
D. Undertake the same obligations to COUNIY, as COUNTY doss to HUD pursuant to said Plan and assurances. TOWN witl hold
COUNTY harmless against any injury that COUNTY may suffer with respect ta HUD on account of any failure on fhe part of TOWN
to fulfill any obligations to HUD.
E. Certify that the projects under this iGA meefs one of the CDBG Program's National Objectives defined in 24 C.F.R. 570.208.
TOWN certifies that the activities carried out pursuant to this IGA wil! meet and benefi# low- and moderate-income persons.
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F. Provide quarterly and annua! program reports on COUNTY'S web based reporting system at
http:/lwww.oima gov/CED/Data/forms htmL Reports provided in any other form shalt be accepted oniy after a written approva!
is provided by the Community Developmenf and Neighbbrhood Conservation direcfor or authorized representative. Reports
shaA be submitted as follows:
1. Quarterly reports sfiall be submitted no later than the foflowing dates for the preceding quarter:
a. January 31
b. _ April 30
c. July 31
d. October 31
2. 'fhe quarferiy reports shall include:
a. Demographic information including clienYs address; income fevel; famtiy size; race; whether the family is female-headed
househotd; services provided; and, whether anyone in the family is elderly or handicapped; and
b. A narrative of the program's accomplishmenfs; probiems or concems impacting the achievement of fhe program's goals
and objecfives during fhe past quarter; and, an output and outcome report. The output report shali include affordable
housing, housing rehabiiitafion and public faciiities improvements. The outcome report shall inciude improved affordable
housing services; improved housing conditions related to repairs, modifications, or weatherization to increase safety,
suitability, or livabifity of the housing units, and increased access to a pubiic facility due to its expansion or creation of new
seniices.
3. The annual report shatl include a community impact narrative, demographic information and a ftnancial report. TOWN shall
submit the annual report no later than January 31 St , 2014.
G. Warrant compliance with the TpWN'S Certifica6on confained in Exhibit C and the Intergovernmental Cooperative Agreement
between Pima County and Town of Marana for the Community Deveiopment Block Grant Program and HOME invesfinent
Partnership Program contained in Exhibit D.
H. Employ suitable trained and skilled personnel to perform all services under this IGA.
8e the iegal entity responsible for operating and maintaining the projects fo be develaped as described in Project Summary Exhibit
A.
3. Financing. This is a cost reimbursement IGA. In consideration of the services specifred in fhis IGA, COUNTY agrees to reimburse
TOWN in an amount not to exceed $85,500.00.
A. Budget:
Administration
$15,000.00
Emergency Hame Repair $25,000.00
Colonia-Neighborhood Cleanup Program Coardinatar$10,000.00
Owner-0ccupied Housing Rehabilitation $35,5QOA0
B. The tata! amount of this IGA is 85 500.00.
C. Payments:
Payments will not exceed the amount allocated far this project by HUD under the Community Development Block Grant
Program administered by COUNTY. The following conditions shall apply:
a. All of TOWN'S drawdowns for the payment of e(igible expenses shall be made against the line item budget specified
Paragraph A above. Expenses for general administration shall also be paid against the line item budget specified
Paragraph A above.
b. Request for reimbursement sha8 include atl claims and invoices of every kind and nature against COUNTY, arising under
this IGA or any provision thereof.
c. TOWN shalt submit monthly requests for reimbursement no more than 3Q calendar days fallowing the end of each montfi
except requests for payment for expenses occurring in May must be submitted by June 15; and expenses occurring in June
must be submitted prior to July 7.
d. All requests for payments shall be on the form set forth in Exhibit E, Each monthly request for payment shall include:
i. A monthly payroll }ournal that documents TOWN'S expenses for salaries and benefits associated with this iGA and
distinguish different funding sources.
R�visecl � Council Meeting - September 3, 2013 - Page 10 of 178 p�se � 2
ii. Copies of ail receipfs and checks (front and back) and genera( ledger to support all purchased goods or services.
2. TOWN shall aiso submit time sheefs for personnel associated with this IGA to COUNTY on a quarterfy basis. The time
sheets should show the days and hours worked for aii programs and shouid be signed by the emp{oyee and their
supervisor. COUNTY shaif determine and notify TOWN when to submit the quarterfy time sheets.
D All requests to modify the current fiscat year budget line item amounts shatl be on the form set forth in Exhibit F. TOWN must limit
requested modificafion of line items fo 10% of the totai IGA amount. Any requests to modify the current fiscai year budget line item
amounfs must be submitted to COUNTY and must:
1. InGude invoices for the requested change;
2. Be for expenditures made within 30 days of the date of the request; and
3. Be submitted on or before Juty 7.
E. If TOWN requests payment for invoiced bills, rather than a reimbursement, TOWN must submit evidence that the invoiced bill was
paid by TOWN within {30} thirty calendar days. Future paymenfs to TOWN may be withheld unti! fhis evidence of payment is
received and approved by COUNTY.
F. Payment by COUNTY wi41 generaEly occur thirty (30) days from the date the submission is received by Pima County Finance
Department. TOWN should budget their cash needs accordingly.
G. TOWN may not be entifled to, and may forfeit, payment of expenses not submitted to COUNTY as follows:
1. More than (60) days after the end of the month in which expenses were incurred in fhe months of October through March;
2. After June 15 for expenses incurred in April and May;
3. No lafer than July 6 for expenses incurred in June to meet COUNTY'S fiscat year-end requirements;
4. More than sixty (60} days for expenses incurred in July through November; and
5. After January 39, 2014 for expenses incurred in December.
H. Payment received by TOWN shall be reconciled with actual costs incuned by TOWN either before the final payment is made under
this IGA or through a subsequent audit after final payment. if payment received exceeds actual costs COUNTY shall, at its sole
discretion, determine whether it wiA require TOW N to:
1. Refund to COUNTY the excess amount received. TOWN shall refund the excess amount received to COUNTY within thirty (30)
days of receipf of the request from COUNTY; or,
2. Provide, for no additiona! reimbursement, addifional units of 1GA services during the following IGA term, if any. Such additional
unifs of service musf be provided in a number equa! to the excess amount received by TOWN divided by the unit fee in effecf at
the fime the excess funds were provided to TOWN.
L To the extent permitted by HUD regulations, TOWN may be paid for planning and administration activities occurring after
Juty 1, 2013. Alt p(anning and administratian costs not used by the end of the next fisca! year, June 30, 2014, shalt be
for€eited.
J. For the period or record retention required under Section 20 COUNTY reser�es the right to question any payment made under this
Section and to require reimbursements therefore by setoff or otherwise for payments defermined to be improper or contrary to the
IGA ar law.
4. Term.
This IGA shall be effective on October 1 2013 and shall terminate on December 31. 2014 unless sooner terminated or further extended
pursuant to the provisions of this IGA. This IGA upon mufual consent of the parties may be extended for a period of time not to exceed two
(2) additional one-year periods. Any modification or time extension of this IGA shafl comply with the modifications pravisions contained in
Exhibit B.
5. Termination of IGA for Default.
A. Upon a failure by TOWN to cure a default under this IGA within 10 days of receipt of notice from COUNIY of the default,
COUN7Y may, in its so{e discretion, terminate this iGA for default by written notice to TOWN. En this event, COUNTY may take
overthewark and complete if by contracf or othervvise. In such event, TOWN shaH be1iable for any damage to the COUNTY
resulting from TOWN'S default, including any increased costs incurred by COUNTY in compfeting the work.
B. The occurrence of any of the following, withouf limitation to the named events, shall constifute an event of default:
1. Abandonment of or failure by T(�WN to observe, perform or comply with any material ferm, covenant, agreement
�:=�:is��lar gouncil Meeting - September 3, 2013 - Page 11 of 178 :'=age � 3
or condition of this IGA, orto prosecute the work or any separable part thereof with the diligence that witl insure completion
within the time specified in this contract, including any extension, or a failure fo complete the work (or the separable part of
the work} withinthe specified fime;
2. Persistent or repeated refusal or failure to supply adequate staff, resources or direction to perform the work on
schedule or at an acceptable level of quality;
3. Refusal or failure to remedy defective or deficient work within a reasonable time;
4. Loss of professional registration or business or other required license or authority, or any curtailment or cessation for
any reason of business ar business operations that would substantial#y impair or preclude TOWN'5 perFormance of
this IGA;
5. Disregard of taws, orclinances, or the instructions of COUNTY or its representatives, ar any othenrvise substantial
violation of any provision of the contract;
6. Performance af work hereunder by personne( that are not qualified or permitted under state law or locaf law to
perform such services;
7. Commission of any act of fraud, misrepresentation, willful misconduct, or intentional breach of any provision of this IGA;
or
8. if a voluntary or involuntary action for bankruptcy is commenced with respect to TOWN, or TOWN becomes insolvent,
makes a general assignment for the benefit of creditors, or has a receiver or liquidator appointed in respect of its assets.
C. In the event of a termination for defau{t:
1. Rli finished and unfinished drawings, specificatians, documents, data, studies, surveys, drawings, photographs, reports
and other information in whatever form, including elecfronic, acquired or prepared by TOWN for this project shall become
COUNTY'S p�operty and shall be delive�ed to COUNTY not later than five (5) business days after fhe effective date of the
termination;
2. COUNTY may withhold paymenfs to TOWN arising under this or any other iGA for the purpose of sef-off until such time as
the exact amount af damage due COUNTY from TOWN is determined; and
3. Subject to the immediately preceding subparagraph (2), COUNTY'S liability to TOWN shall not exceed fhe IGA value of
work satisfactorily performed prior ta the date of termination for which payment has nat been previous(y made.
D. The !GA will not be terminated for default nor the TOWN charged with damages under this Articie, if:
1. Eaccepting item (8) in paragraph B above, the event of defautt or defay in completing the work arises from unforeseeable
causes beyond the control and without the fau!# or negligence of TOWN. Examples of such causes inciude: Acts of God or
of the pubiic enemy; Acts of the COUNTY in eifher its sovereign ar contractual capacity; Acts of another Contracfor in the
performance of a contract with the COUNTY; Fires; Floods; Epidemics; Quarantine restrictions; "Strikes; Freight
embargoes; Unusuafly severe weather; or Delays of subcantractors at any tier arising from unforeseeable causes beyond
the control and without the fault or negligence of both TOWN and the subcontractor(s); and
2. The TWON, wifhin seven (7) days from the beginning of any event of default or delay (unless extended by COUN'CY),
notifies the CQUNTY in writing of the cause(s} therefor. In this circumstance, the COUNTY shaN ascertain the
facts and the extent of the resulting delay. If, in the reasonable judgment of COUNTY, the findings warrant such
action, the time for comp{eting the work may be extended.
E. For the purposes of paragraph A above, "receipt of notice" shall include receipt by hand by TOWN'S project manager, by
facsimile transmission with notice of receipt, or under the Notices ciause of this (GA.
F. If, after termination of the IGA for defautt, it is determined that the TWOtV was not in default, or that the delay was excusable,
the rights and obligations of the parties wilf be the same as if the termination had been issued for the convenience of the
COUNTY.
G, The rights and remedies of COUNTY in this Article are cumulative and in addition to any other rights and remedies provided by
law or under this IGA.
6. Termination for Convenience.
A. COUNTY reserveS the right to terminate this IGA at any time and wifhout cause by serving upon TOWN 30 days advance
written notice of such intent to terminate. In the event of such termina#ion, the COUNTY'S only abligation to TOWN shall be
payment for services rendered prior to the date of termination.
B. Notwithstanding Paragraph A above, if any state or federal grant monies used to pay for performance under this IGA are either
reduced or withdrawn, COUNTY shall have the right to either reduce the senricss to be provided and the total doflaramount payable
;-;� �;;s��ar �ouncil Meeting - September 3, 2013 - Page 12 of 178 Pagc � 4
under this IGA or terminate the IGA. To the extent possibie, COUNTY wili endeavor to provide fifteen (15) days written notice of
such reduction or Eermination. (n the event of a reduction in the amaunt payable, COUNTY shall not be liabie to TOWN for more
than the reduced amaunt. in fhe event of a termination under this paragraph, COUNTY'S only obliga6on to TOWN shall be payment
for services rendered prior to the date of fermination to the extent that grant funds are availabie.
C. Notwithstanding any other provision in this IGA, this IGA may be terminated if for any reason, there are not sufficient appropriated
and available monies for the purpose of maintaining COUNTY or ofher pubfic entity obligations under this lGA. In the event of such
termination, GOUNTY shall have no further obligation to TOWN, other than to pay for services rendered prior fo terminafion.
7. Disposal of Property.
Upan the termination of this IGA, all property involved shalt revert back to the owner. Termination shall not relieve any party from
liabilifies or costs already incurred under this tGA, nor affecf any ownership of property pursuant to IGA.
8. lndem nificatian.
Each party (as Indemnitor) agrees to indemnify, defend and hold harmless the other party (as (ndemnitee) from and against any and afl
claims, losses, liabiiity, costs or expenses (including reasonable attorney's fees) (hereinafter collectively referred ta as °claims") arising
out of bodily injury of any person (including death) ar property damage, but only to the extent that such claims which result in
vicariouslderivafive liability to the Indemnifee, are caused by the act, omission, negligence, misconduct, or other fault of the lndemnitor,
its officers, agents, emplayees, or volunteers.
9. Compliance with Laws.
The parties shalf comply with all federal, state, and local laws, rutes, reguiations, standards and Executive Orders, without limitation to those
designated within this IGA. The laws and regulations of the State of Arizana shall govern the rights of the parties, the performance of this
lGA, and any disputes hereunder. Any action relating to this IGA shall be brought in an Arizona caurt in Pima County.
10. Non-Discrimination.
T�WN agrees to comply with all provisions and requirements of Arizona Executive Order 2009-09 inctudinq flaw down of all
provisians and reauirements to anv subcontractors. Executive Order 2009-09 supersedes Executive Order 99-4 and
amends Executive Order 75-5 and may be viewed and dawnloaded at the Govemor of the State of Arizona's website:
http://www.azqavemor.aov/dmslupload/EO 2009 09.pdf
These documents are hereby incorporated into this cantract as if set forth in full herein. During the performance of this contract,
TOWN shatl not discriminate against any employee, client or any other individua( in any way because of that person's age,
race, creed, color, religion, sex, disability or national origin.
11. ADA
A, O WN shalt comply with all appticable provisions of the American with Disabilities Act (Publictaw 101-336, 42 U.S.C.12101-12213)
and all appficabie federal regulations under the Act, including 28 CFR Parts 36 and 36.
B. If TOWN is carrying ouf a government program or service on behalf of COUNTY, then TOWN shall maintain accessibility to fhe
program to the same extent and degree that would be required. of COUNTY under 28 CFR Sections 35.130, 35.133, 35.149 through
35.151, 35.160, 35.161, and 35.163. Failure to do so coutd resutt in the termination of this IGA.
12. Severability.
)f any provision of this IGA, or any application thereof to the parties or any person or circumstances, is held invalid, such invaEidity shali not
affect other provisions or applications of this IGA which can be given effect, without the invalid provision or appEication and to this end the
provisions of this IGA are declared to be severable.
43. Conflict of interest
This IGA is subjecf to cancellation for conflict of interest pursuant to A. R.S. § 38-511, the pertinent provisions of which are incorporated herein
by reference.
14. Nan-Appropriation.
Notwithstanding any other provision in this IGA, this IGA may be terminated if for any reason, there are not sufficient appropriated and
available monies for the purpose of maintaining this IGA. In the event of such canceliation, COUNTY shall have no further obligation to
TOWN, other fhan for payment af services rendered prior to cancellation.
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Fage ( 5
15. Legai Autharity.
Neither party warranfs to fhe other its legal authorify to enter into this lGA. If a caurt, at the request of a third person, should declare that
either party lacks authority to enter into this IGA, or any part of it, then the IGA, or parts of it affected by such order, shall null and void, and no
recavery may be had by either party against the other for lack af performance or otherwise.
16. Worker's Compensation.
Each party shall comply with the notice of A.R.S. § 23-1022(E}. For purposes of A.R.S. § 23-1022, each party shall be considered the
primary employer of ail personnei currently or hereafter employed by that party, irrespective of the operations of protocol in ptace, and said
party shall have fhe sole responsibility far the payment of Worker's Campensation benefits or other ftinge benefits of said employees.
17. No Joint Venture.
It is not intended by this iGA to, and nothing contained in this iGA shall be construed to, create any partnership, jaint venture or employment
relationship between the parties or create any empbyer-employee relatianship between COUNTY and any TOWN employees, or between
TOWN and any COUNTY employees. Neither party shail be liable for any debts, accounts, obligations or other liabilities whatsoever of the
other, including (without limitation) the other party's obligation to withhofd Social Security and income taxes for itself or any of its employees.
18. No Third ParEy Beneficiaries.
Nofhing in the provisions of this !GA is infended to create duties or obligations to or rights in third parties not parties to this IGA or effecf the
legal liability of either party to the 1GA by imposing any standard of care different from the standard of care imposed by law.
19. Notice.
Any notice required or permitted to be given under this IGA shall be in writing and shall be served by defivery ar by certified mail upon the
other party as foltows:
COUNTY:
Margaret Kish, Director
Pima County Community Development and
Neighborhood ConservationDepartment
2797 East Ajo Way, 3`� Floor
Tucson, AZ. 85713
TOWN OF MARANA:
Ed Honea, Town Mayor •
Town of Marana
11555 West Civic Center Drive
Marana, AZ 85653
2Q. Record Retention.
A. TOWN shaCl keep and maintain a!I records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the
activities to be #unded under this IGA, which sha(I be open at alt reasonable times for inspection and audit by duly authorized
representative of COUNTY. Such recards shal( inGude, but are nof limited ta
1. Recards providing a full description of each activity taken;
2. Records demonstrating that each activity undertaken meets one of the Natianal Objectives of the CDBG program;
3. Recards required to determine the eligibility of activities;
4. Records required to document the acquisition, improvement, use or disposition of rea! property acquirad or improved with
CDBG assistance;
5. Records documenting compliance with the fair housing and equal apportunity companents of the CDBG program;
6. Records documenting Environmental Review compliance;
7. Records documenting scope of work, change orders, on-site inspection and sign-off on rehabilitation work, including final
inspection;
8. Records of owner occupancy (property deed or tand contract);
9. Recards of disbursements made fior completed and approved work;
10. Financial records as required by 24 GFR 570_502 and 24 CFR 84.21-28, and
11. Other records necessary to document compliance with Subpart K af 24 CFR Part 570.
B. TOWN shall retain atl financial records, supporting documents, statistical records, and aIP other records relating to fhis IGA for a
period of four (4) years from the start of the retention period or until any retated-pending praeeeding or litigafion has been ciosed,
whichever date is later. The retention period starts from the date of submission of COUNTY'S annual performance and evaluation
repart, as prescribed in 24 CFR 91.520, in which the specific activity is reported on for the finai time rather than from the date of
submission of the final expenditure report far the award. TOWN must compty with Sedion 570.506 °Records to be Mainfained" ofthe
Community Development B{ock Grant Program — Entitlement Grant Regulations.
ul ,�ouncil Meeting - September 3, 2013 - Page 14 of 178
... ...<�. �., F2,oe j 6
21. Public Information
A. Pursuant to A.R.S. § 39-121 et seq., and A.R.S. § 34-603(G) in the case of construction or Architectural and Engineering
services procured under A.R.S. Title 34, Chapter 6, alt information submitted in response to this solicitation, including, but not
limited fo, pricing, product specifications, work plans, and any supporting data becomes pubEic information and upon request, is
subject to release and/or review by the generaf public including competitors.
B. Any records submitted in respanse to this solicitation that respondent betieves constitute proprietary, frade secret or otherwise
confidential information must be appropriately and prominently marked as CONFIDENTIAL by respondenf prior to fhe close of
the solicitation.
C. Notwithstanding the above provisions, in the event recards marked CON�IDENTIAL are requested for pub[ic release
pursuant to A.R.S. § 39-121 et seq., COUNTY shall release records marked GONFIDENTIAL ten (10) business days after fhe
date of notice to the respondent of the request for release, unless respondent has, wifhin the ten day period, secured a
protective order, injunctive relief or other appropriate order from a court of competent jurisdiction, enjoining the release of the
records. For the purposes of this paragraph, the day of the request for release shaif not be counfed in the time caiculation.
Respondent shall be notified of any request for such release on the same day of fhe request for pubtic release or as soon
thereafter as prac6cable.
D. COUNTY shati not, under any circumstances, be responsible for securing a protective order or other relief enjoining
the release of records marked CONFIDENTIRL, nor shaU COUNTY be in any way financially responsible for any costs
associated with securing such an order.
22. E�IGIBILITY FOl2 PUBLIC BENEFETS.
TOWN shall comply with app(icable provisions of A.R.S. §§1-501- AND 'f-502 regarding public benefits, which are hereby incorparated
as provisions of this IGA to the extent such provisians, are applicable.
23. TRANSACTION PRIVILEGE TAX.
TC}WN agrees that any transaction privilege and use taxes levied by the TOWN on the Project shall be contributed to the Projecf as a
portion of TOWN'S share of the costs of the Project. TOWN shafl provide an accounting to C(3UN'3Y af the total amount of transaction
privilege and use faxes collected by the TOWN for fhe Project and pay the tatai amounf of such taxes fo the COUN'fl' in accordance
with this IGA.
12EMATNDER OF PAGE I1vTENTIONALLY LEFT BLANK
� �ouncil Meeting - September 3, 2013 - Page 15 of 178 ,�,, � 7
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'���� Meeting - September 3, 2013 - Page 16 of 178 ��� ��. ,
EXHIBIT A
PROJECT'S SUMMARY
See aftached for each projecf:
Administration
Emergency Home Repair
Colonia-Neighborhood Cleanup Program
Owner-Occupied Housing Rehabiiitation
Revis��9u�:�ouncil Meeting - September 3, 2013 - Page 17 of 178 �ag� � q
Pt'c����t {��} �
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EXHIBIT B
SPECIAL AGENCY C(�NDITIONS
A. Modification
Madifications may be made to this iGA in accordance with the following provisians:
2) AN modifications shail be in writing and shalt conform to applicable law, Federal and State regulations and County poEicies
a»d directives. Approvat of modifications is at the sole discretion of County.
3) Major modificatians shall be by written amendment signed by both pa�#ies. Major modiftcations include any which do the
following:
a} Change the purpose of the fGA;
b) Increase or decrease the compensation provided for in the IGA;
c) Change the term af the IGA;
d} Change the scope or assurances of the IGA;
e} Change any section of the EGA other than the Scope of Work or budget;
� Any change that is not a minor modification as described below.
4) Minor modifications may be made by written memarandum approved and signed by fhe Director of the Pima County
Community Development and Neighborhood Conservation Department or authorized representative to be effective. Minor
modifications are changes in the Scope of Work or budget that do not change the purpose or total compensation af this
(GA and do not in any way increase the direct or indirect liability of COUNTY under this IGA.
8. Procurement of Gaads and Services:
TOWN is not the agent of County for any purpose and shall not purchase any materials, equipment, or suppliss on the credit of COUIVTY.
TOWN shall camply with OMB Circufar No. A-122, -"Cost Principals far Non-Prafit Organizations° (if Town is a non-profit corparation), OMB
Circu[ar No. A-110 and 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutians of Higher
Educafions, Hospitals, and other Non-Profit Organizations.
Monitoring and Evaluation:
1} COUNTY shall monitor all activities and information souroes in the management, fiscal, and service systems of TOWN
and any subcontracted parties, relating to performance of duties and abligations under fhis IGA, ta assure that TOWN is
maintaining adequate and acceptable progress and systems, and ta ensure that the funds provided to TOWN by COUNTY
are being used effectively and efficiently to accomplish the purposes for which funds were made available.
2} TOWN shall provide payrotl information cansisting of source documentation that can incfude empiayment letters,
autharizations for rates of pay, benefits, and employee withholding, minutes from Board of Directors' meefings where satary
schedules and benefit packages are established, copies of written policies, W-4 forms in conjunction with time and
attendance records. If an employee works soley on the CDBG funded services a statement to that effect should be signed-
by fhe applicable emplayee and supervisar. Such stafement should be certifsed semi-annually. If an employee's time is
split between CDBG and another funding source, TOWN must have time distribution records supporfing the allocatian of
charges among the sources.
3) COUNTY in cooperation with TOWN shatl evatuate products, senrices, and pertormance under the terms of this tGA.
Substandard performance as determined by COUNTY will constifute noncompfiance with this IGA. if action fa correct such
substandard performance is not taken by TOWN within a reasonable period of time after being notified by COUNTY,
contract suspension or termination procedures wil( be inifiated.
4). TOWN shall assist County in providing ta the U.S. Department of Housing and Urban Development reports and other
communications relating to the performance and impact of the projects, as described in the Projects Summary Appendix A.
D. Clfent Fees and Program Income:
Any program income generated and received by TOWN as a result of IGA services shaN be kept by TOWN, used for the
purpose of this IGA, and reported to County.
2) TOWN shatl complywith Section 570.504 "Program Income°, and Section 570.503 "Agreementswith Subrecipients" of the
Cammunity Development Block Grant Program Enfitlement Grant Regulations.
�� Meeting - September 3, 2013 - Page 26 of 178 Fage �'! 0
E. identification of Funding and Copyrights:
1) All advertisemeMs, real property, publications, printed and other materiats which are produced byTOWN and referto services
funded under this 1GA shall cleariy attribute "PIMA COUNTY" and the Community Development Biock Grant Program in the
foilowing suggested format:
Funded by: Pima County
and fhe
Community Development Block Grant Program
2} Reference to Pima County shali be displayed at least as prominently as other credited funding sources.
3} TOWN shali not copyright any materials or producfs developed through IGA services or IGA expenditures without priorwritten
appravat by COUN7Y. Upon approval, the federal government and Pima Counfy shall have a non-exdusive and irrevocabfe
license to reproduce, publish or otherwise use or authorize fhe use of any copyrighted material.
F. Nepotism
1) Agency shall nat employ relatives in positions where one is in supervisory chain of the other, nor where one is in daily
working cantact with the other.
a) "Relative" means the spouse, chitd, child's child, parent, grandparent, brother or sister of whote or half blood
or child of a spouse.
b) County may grant temporary waiver of this policy where relative employment situation already exists af fhe
time of execution of this IGA.
G. Audit Requirements:
1) TOWN shall:
a) Estabfish and maintain a separate and identifiable account of afl funds provided by County pursuant to this
IGA.
b} Provide financial statement audits as required by law.
c) Upon written notice from County provide a program-specific audit. Such notice from County witl speafy the
period to be covered by the audit and the deadline for compietion and submission of the audit.
d) Assure thaf any audif conducted pursuant to this IGA is performed by an independent certified public
accountant and submitted to County within six (6) months of completion of TOWN'S fiscal year, un{ess a
different time is specified by County. The audit submitted musf incfude TOWN responses, if any, concerning
any audit findings.
e) Pay all costs for any audif required or requested pursuant to this Article, unless the cost was specificatly
incfuded in TOWN'S budgef approved by Counfy and the cosf is an allowable charge for payment under
appticable law or regulation.
� Timely submit the required or requested audit(s) to:
John Matheny
Community Development and Neighborhood Conservation Dept.
2797 East Ajo Way, 3`� F{oar
Tucson, AZ 85713
2) {f TOWN is a"nonprofit corporation" fhat meets the definition of °corporation" in A.R.S. §10-3140, TOWN shall comply
with the applicab(e audit requirements set forth in A.R.S. § 11-624.
3) TOWtV is receiving federal funds under this IGA, and TOWN is a state or local govemment or non-profit organization,
TOWN shall provide an annual audit which complies with the requirements of the most recent version of OMB Circular
A-133, °Audits of State and Local Govemments and Non-Profit Organizations."
�,� �ouncil Meeting - September 3, 2013 - Page 27 of 178
Page�11
EXHBIT C
TOWN'S CERTIFICATION
TOWIV hereby cert�es it will comply with:
1) HUD Community Development Siock Grant Regulations at 24 CFR Part 570.
2) Title i of the Housing and Communify Developmerrt Act of 1974.
3) 24 CF! Part 85, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" (if
Agency is locat government}.
4) Titie VI of the Civil Rights Act of 1964.
5) Section 909 of the Housing and Community Development Act of 1974.
6) Executive Order 11246 - Equal Employment Opportunity.
7) Section 3 of the Housing and Urban Development Act of 1968.
8)
9)
10}
11}
12)
13)
14}
15}
16}
17}
1$}
Fiood Disaster Profection Act of 1973.
National Environment Policy Act of 1969.
Section 106 of the National Nistoric Preservation Act of 1966, Executive Order 11593.
Federa( �abor Standards Provisions.
OMB Circular A-133, "Audfts of States and Locat Govemments and Non-Profit Organizations".
OMB Circutar A 122, "Cost Principa(s for Non-Profd Organizations" (if agency is non-profit organization}.
OMB Circular A-110and A-87.
A-21, "Cost Principals for Educational Enstitutions".
Subpart K of fhe Communify Devebpment Block Grant Program Entitiement Regulations.
570.200(J) First Amendment Church/State Principles of the Community Development Blodc Grant Program Entiflement Regulations.
570.503(b}(6} Prohibition Against Religfous Activifies.
570.503(b}(8} Reversion of Assets
,_, Meeting - September 3, 2013 - Page 28 of 178
Page � 12
EXHlBIT D
intergovernmental Cooperative Agreement
between
Pima County and Town of Marana
for the
Community Development Block Grant Program
and
Home lnvestment Partnership Program
See atfached:
Resolution No. 2010-140
Resolution No. 2010-54
(GA No. 01-70-M-143070-0710
�-;;�v;S�e�u�ar�Council Meeting - September 3, 2013 - Page 29 of 178
i'age ( 13
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RESOLUTIOI� NU. 2010 — 140
RESOLUTION QF THE BOARD C}F SUPERVIS(3RS OF P1MA COUNTY, AR120NA AUTHORIZ{EVG
EXECUTIC3N QF AN INTERG�VERNMENTAL COOPERATIVE AGREEMENT BETWEEN PIMA
COUNTY AND THE TQWN OF MARANA FOR THE COMMUNITY DEVELOPMENT BL4CK GRANT
PR�GRAM AND HOfVIE fNVESTMENT PARTNERSHlP PROGRAM.
WHEREAS, County and Town rnay contract for services and enter into agreements with one
another for joint or coaperative action pursuant to A.R.S. § 17-951, et seq.; and
WHEREAS, it is necessary to enter into an Intergovernmentat Cooperative Agreement in order to
meet tY� requirements of the Housing and Community Development Act af 1974 and sutisequent
amendrneMs; and �
WHEREAS, County and Town desi�e to engage in housing and commun'ity devetopment activities
as authorized under the Housing and Community Development Act of 1974 and subsequent
amendrnents; and
WHEREAS, County and Town do hereby ftnd and determine that it is in the best interest of the
residents of the unincorporated areas of the County and of the Town of Marana that housing and
community devetopment activities be performed jointiy in accordance with the provisians of this
Agreemen# and tha# the U.S. Department o# Housing and Urban Deaetopment (HUD) recommends that
expenditu�`es of funds far each purpose be on an Urban County basis; and
WHEREAS; it is mutually benefiaal to each of the�parties hereta for the County to adm'tnister and
execute the provisions of the Agreement in accardance with the terms and conditions hereinafter
provided and subject to facai ordinance and State and Federal law;
THEREFORE BE iT RESOLVED BY THE BOARD OF SUPERVtSORS OF PINU4, COUNTY, ARtZONA,
as #oflows:
The Intergovernmentai Caoperative Agreement between Pima Cour�ty and the Town of
Marana for the Community Develapment Biock Grant Program and Hame Investment
Partnership Program is hereby approved; and
2• The Chairman of the 8oard of Supervisors is hereby instructed and authorized to sign the
Intergave�nrrtentaE Cooperative Agreement for the Pima County Board of Supervisors.
PASSED A t3PT
PI �q g
C irman, Board Su
�:Tuly 6, 2010
TH1S ��� DAY OF Ju1y 2410
.
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__ � � _
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A�,AI2ANA RES4LUTI�N N4. 2010-54
RELATING TO CUI�'INIUNLTY DEVEL(3PMENT; APPROVING AND ATJTH4RIZING .
FULL E�ECUTI�N OF AN IGA WITH �IMA COUNTY FOR C(JI��IM[fiTiTy
DEVELOPMENT BLOCK GRANT AND H�ME 1NVESTMENT PARTNERSI-�IP RENEWAL
THROtIGH 3UNE 3U, ZOI3
VJIiERER�, ihe Town of 11rlsrana reca�zes u'�e ��d ta p�vide saie snd affai dable
housing, neighborhood infrastructure, and pazks for its citizens through the use of Cammunity
Developnaent Block 4'irant (CDBG) and HOME Program funding; az�d
W��REAS, Pima County serves as the sponsorizzg agency for distnbution of CDBG and
HOME Program fimding under HUD's Housing anc� Community Development Act of 1974 far
distn'bufiion of Federal funding to an Urban County; and
WHEREAS, the Town of Marana finds that it is in the best interest of its residents to
enter into an agreement with Pima Caunty to deveiop activities jointly in accordance with U.S.
Depa�tmei�t of Housing Urbaia and Development (HUD} guidelines and protocols; and
WHEREAS, it is necessary for Town of Marana the to enter inta this Intergovernmental
Cooperative Agreement with Pima County as the sponsoring agency to meet the requirements of
HUI3's Housing and Commiuziiy DeveIapment Act of 13'74.
NOW, THEREFORE, BE TT RESOLVED BY THE MAYOR .AN17 COUNCIL C)F THE
TOWN OF MARANA, ARTZONA, that the Contract between the Town of Marana and Pima
County is herby agproved and the Mayor is herby suthorized to execute it for and on behalf of the
Town of Marana.
PASSED .AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARI�ONA, this 15�' day of June, 2010.
Mayor Hanea
Regular Council Meeting - September 3, 2013 - Page 31 of 178
t�PPROVED AS TO FORM:
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intergovernmentaf Cooperative Agreeme t� number must appear on ali
between invoices, carrespondence and
Pima County and Town of Marana documents pertaining to this
for the contract��__���____
Community Development Block Grant Program
� and
Home Investment Partnsrship Program
This Intergovemmentai Caoperative Agreement made and entered into this day of
� 2010, by and befi+veen the County of Pima, a body politic and corporate of the State of
Arizona, hereinafter referred to as "County," and the Town of Marana, a municipal corporation of
the State of Arizona, lacated within the boundaries of the Courity of. Pima, hereinafter refe►red to
as 'Town: '
RECtTALS
A. WHEREAS County and Town may cantract for services and er�ter into agreements with one
another for jaint or caopera#ive action pursua� to A.R.S. § 11-951, et seq. .
8. WHEREAS it is necessary to enter into a Caaperative Agreemerrt in order to meet the
requirements of the Housing and Community Developmerrt Act of 1974 and subsequent
amendments. •
C. WHEREAS County and Towrt are individually authorized by {aw to engage "sn housing and
community development activities.
D. WHEREAS County and Town do hereby find and detennine that it is in the best interest of the
residents of the unincorporated areas of the County and the Town that housirx� and community
devetopmerrt activities be perfamed jointly in accordance with the provisians of this Agreement
and that the U.S. Department of Nousing and Urban Development recammends that expend�ures
of funds for such purpose be on an Urban County basis.
E. WHEREAS it is mutuatly beneficiat to each of the parties hereto for Caunty to administer and
execute the provisians af this Agreement and the provisions of the Agreement for Management
and Implementation of the CDBG Program and H(�ME Program Agreements eritered inta by the
parties, wtiich Agreements are hereby incorporated by teference as if ful(y set forth herein, in
accordance with the terms and conditions hereinaRer provided and subject to local ordinance and
State and Federal law. �
N4W, THEREFORE, Cour�iy and Tawn, pursuant ta the above, and in consideration of the
matters and things hereinafter set farth, do mutually agrees as foliows:
�•. Pima County, as an Urban County, is hereby designated as the sponsoring agency to
administer and implement the pian and program�for housing and community deveiopment
activities, for each of the participating parties to this Agneement in ac.cordance with the
provisions of the Housing and Community Devefapment Act of 1974 and subsequent
amendments, the taws of the State of Arizana, and the terms and condifions provided
herein. En this respect, the Town agrees that the County is hereby delegated the p�nrer to
plan and undertake c�mmunity developmeM projects within its jurisdiction and will have
Regular Council Meeting - September 3, 2013 - Page 32 of 178
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the final responsibility for selecting all CDBG and HOME projects in accordance with the
approved Community Development and Housing Consoiidated PEan pursuant ta 24 CFR
Part 91.
2. It is understoad and agreed that the County as the Grantee is to take the final
responsibility and to assume ali the abligations of applicant for assistance under the
� provisions of said Housing and Community Development Act of �1974 and subsequent
amendmerits, the three-year cert'tfications as required by HUD, subject to change in
legislation or regulations and the Consolidated Plan.
3. The County and Town agree to cooperate to undertake, or assist in undertaking,
community renewal and lower. income housing assistance activities, spec�cally urban
renewal and publicly assisteci housing.
4. The County anci Town do nat have the power to veto or othen�se restrict or withhold the
support given by the County or the Town to the activities proposed in the Consolidated
Plan for any program year covered by this Agreement. In the event that any participating
member ei�tity daes not comp}y with a federal prerequisite in order far funds to be
expended in such area, then said entitys share shall be expended within all or an�+ portian
of the area served by the member entities who quaiify under the provisions of said Act.
5. It is understood that in order to qualify for funds under the Nousing and Community
Development Act of 9974 and subsequent amendmerits, it is necessary that a
Consolidated Plan be submitted to and approved by the United States Department of
Housing and Urban Develapment. All parties hereto agree to abide by the terms and
conditions of an approved Consolidated Plan for housing and � community developmerrt
actavities as submitted to the Department of Housing and Urban Devetopment.
Upan executing the Agteement the Town agrees not to apply for CDBG funds from the
State of Arizona Small Cities Program, and may not partiapate in a HOME consortium
except through the. Urban Courrty dur'tng the period in which it is paracipating in the Urban
County's CDBG Program. Nothing herein sha{I be construed as (imiting in any manner the
powers of any of the respective parties ta initiate and campfete a local project within their
respective jurisdiction with their own funds. �
6. The 1 st day of Julv 2010 , shaU be the effective date of Agreement, and
remain in farce for three years. This Agreement covers CDBG and HOME Program
funding #or Federa! Fiscal years 2011, 2012, and 2013. This Agreemerit may be amended
to extend the term of Agraeement in order to complete activities funded but not completed,
ar ta expend program income received during the three years cavered by this Agreement.
7. The Town and the County recognize that the County shal! be the govemmental entity
required to execute any grarrt agreement r�c�ivet� pursuant to Consolidated Plar�, and that
the Courrty shalt thereby become responsible thereunder far the proper performance of
the plan and pragram. The Town agrees that it shail fuliy cooperate with the Caunty in al!
effiorts hereunder �and that they wili assist in .doing any and all things required or
appropriate to comply with the pravisions af any grarrt agreement received by the County
pursuan# to the Act and its regulations.
Regular Council Meeting - September 3, 2013 - Page 33 of 178
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8: Ali records of the County or Town related to this Cansalidated Plan and any prajects
undertaken pursuant thereto shall upon reasonable notice, be available #or inspection by
HUD, County, and/or Town auditors, during normal business hours.
9. This Intergovemmerrtal Cooperative Agreement shall be binding upan the parties hereto,
their successors and assignees. Any assignment of Agreement shall be void without the
conserrt of the other party. �
10. Pursuant to the primary objective of Title t of the Housing and Community Development
Act of 1974, the parties hereby agree to direct their Cammunity Developrnent Block Grant
and HOME Program resources toward the development of viable urban communities, by
providing decent housing and a suitable living environment and expanding ecanamic
opportunities; principatiy for persons of low- and moderate-income.
11. Counfy and Town snn�l take all required actions necessary to comply with the Urban
County's Cert�cation required by Section 104(b) of T�tle I of the Housing and Community
Deveiopment Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964,
the Fair Housing Act, section 109 of Title I of the Housing and Community Developmen#
Act of 1974 and other applicable laws. County shall not fund Town if the Town daes not
affirmatively further fair housing within its own juriscticfion. Courity and Town agree to
affitmativ.ely futther fair housing within County and Town. Town shall take no actions to
impede the County's actions to comply with County fair housing certification.
12. County and Town have adopted and are enforcing policy prohibiting the use of excessive
force by law enforcement agencies within its jurisdiction against any individuats engaged
in non-violent civit rights demonstrations; and
A po)icy of enforcing appiicable State and lacal laws against physically barring entranc� to
or ex� from a facitity or bcation which is the subject of such non-yiolen# civil rights
demons#rations within its jurisdiction.
13. T�e parties agree that a fu13y executecf amendmerrt or amendments to this Agreement
shall be entered into as required or necessary to implement a detailed and formulated plan
and pcogram as contemplated hereunder or for the purpose of complying with any grant
agreement received or the regutations issued pursuant to the Act.
Failure by either party to adopt an Amendment to this Agreement incorporating atl
char�ges neoessary to meet the requirements for cooperation Agreemer�ts set forth in the
Urtfan County Qualification Notice applicable for the year in which the neact qualification of
the Urban County is scheduled shalt automaticaliy terminate this Agreement foltowing the
expenditure of aU Community Development Block Grant and H�ME funds allocated for
use in #he Town's jurisdiction.
14. Pursuant to 24 CFR 570.501 {b}, the Town is subject to the same requirements applicable
to subrecipients, including the requirement for a written Agreement set forth in 24 CFf2
570.503.
Regular Council Meeting - September 3, 2013 - Page 34 of 178
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15. The County, as the GDBG grant reapient for the urban county has full responsibility for the
execution of the cammunity devslopment program, for foilowing its Consolidated Plan, and
for meeting the requireinents of other appiicable laws (e.g., Nationa! Environmental Poiicy
Act, Uniform Relocation Act, Fair Housing Act, Title Vt of the Civif Rights Act of 1964, Sec.
504 of the Rehat�litation Act of 1973, Sec. 109 of the Housing and Community
Development Act of 1974, the Americans with DisabiHties Act of 199Q and for affirmatively
furthering fair housing}. County shaN be he(d accountable for the accomptishment of the
community development program, for following the Consolidated Plan, and for ensuring
that actions necessary for such accorx�plishment are taken by City.
16. The parties acknowledge that A.R.S. § 38-511 requires that notice of A.R.S. § 38-511
must be included in every contract of a pofitical subdivision of the State of Arizona and that
both parties must comply with all provisions and requirements of Arizona Executive Order
20U9-09 includinq flow down of a!1 provisions and reQUirements to anv
subcontractors. Executive Order 2009-09 supersedes Executive order 99-4 and amends
Executive order 75-5 and may be viewed and downloaded at the Governor of the State of
Arizana's website http:lJwww.azaovernar.qov/dmslupEoad/E0 2009 Q9.pdf which is
hereby incarporated irrto this Agreement as if set forth in fufl herein. �uring the
�rformance of this Agreement, the parties shall nat discriminate against any employee,
Gient or any other individual in any way because of that person's age, race, creed, color,
religion, sex, disability or national origin.
THIS SPACE INTENTI�IVALLY LEFT BLANK
Regular Council Meeting - September 3, 2013 - Page 35 of 178
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IN WlTNESS WHEREQF, the parties hereta have caused this Cooperative Agreement to be
executed #he �th day of Jul 2010
P1MA CO TY OA PE VESORS TOWN OF MA A
�
` ,c_--__.__
Chai an, Board Superviso Mayor ,
a�� o � 201
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/,i :.�i� �.� 1. .s.►..
- :.: . . .-'1 .
REVIEWED BY:
��/` �
, _�
` Director; Commurn y Development &
Neighborhood Consenratian Department
Pursuant to A.R.S. § 11-952, the undersigned,
Pima County's legat counsei has determined
that the above Agreement is in proper #orm
and is within the powers and authority grartted
under the laws of the State af Arizona to Pima
Cou nty.
Karen Friar
TYped Name o# Legal Counsel
/./�"/_'.�i �i�� ���1_ /1
+ -. -._ .
�' Tawn Clerk
Pursuant to A.R.S. § 11-952, the undersigned,
Town of Marana's legai counse! has determined
that the above agreement is in proper form and is
within the powers and autfiority granted under the .
laws of the State of Arizona fio the Town of
Marana.
�� l'.�rs.rr.�,�'
Typed Name o# Leg�al Counsei
Regular Council Meeting - September 3, 2013 - Page 36 of 178
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OPINfON OF DEPUTY COUNTY ATTORNEY
INTERGOVERMENTAL COOPERATIVE AGREEMENT SETWEEN PIMA COUNTY AND TOWN OF
MARANA FOR THE COMNIIUNITY QEVELOPMENT BLOCK GRANT PROGRAM AND HOME
INVESTPVIENT RARTNERSHIP PROGRAM
i am an Atkomey at Law admiited to practice in the State of•Arizana and a duly appainted Deputy
County Attorney for the Caunty of Pima.
I have examined the Intergovernmental Cooperative Agreement between Pima Caunty and the
Town of Marana for ths Community Deveiopment Biack Grant Program and Home Investment
Partnership Prograrrt entered into by and between the Caunty of Pima and the Town of Marana,
pursuant to T'rtle I af the Housing and Community Development Act of 1974, and ! am of the
opinion that the Agreement has been du#y authorized by the Boarcf of Supervisors of the County of
Pima in accordance with State and locaf legai requirements. �
t am further of the�apinion that the names and provisions of the agreement are authorized under
state and local 1aw and that Pima County is authorized to enter inta this agreement pursuant to
state and local law.
To the. best af my knowledge, there is no pending or threatened litigation affecti�g the
implementation of the Cooperation Agreement or the ability af the County of Pima to be the
applicant for funding as a Urban County under Title I of the Housing and Communi#y Development
Act af 1974, as amended.
De Courrty ttorney
Civil Division
Regular.Council Meeting - September 3, 2013 - Page 37 of 178
EXHIBIT E
PIMA COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
FY2013-2014 CONTRACT #
TOWN OF MARANA
ADMINISTRATlON, EMERGENCY HOME REPAIR, COLONIA NEfGHBORHOOD CLEANUP PROGRAM AND
OWNER-OCCUP(ED HOUSING REHABILITATION
FINANCIAL STATUS REPORT AND REQUES7 �OR FUNDS �OR THE MONTH OF
Za
REQUEST #_
Activity Budgeted Expenditures Cumulative Balance
This Month Ex enditures Available
Administration $15,000.00
Emergency Home $25,000.00
Re air
Colonia- $10,OOQ.OQ
Neighbarhood
Cleanu Pro ram
Owner-Occupied $35,500.Q0
Housing
Rehabilitation
Totat Bud et $85,500.00
Funds requested this month $ .(this line must equal the GRAND TOTAL column for
"EXPENDtTURES THIS MONTH")
I hereby certify that to the best of my knowledge, the date reported represents actuat receipts and actual
expanditu�es which have been incurred in accardance with the agreement for management and imp{ementation
of the CDBG Program and are based on official accounting records and supporting documents which will be
maintained by us for purposes of audit.
REVIEWED BY
PREPARED BY
TITLE TITLE PHONE NUMBER
DATE DATE
P,e��is����r �iuncil Meeting - September 3, 2013 - Page 38 of 178
�acel14
EXHIBIT F
PIMA COUNTY COMMUNlTY DEVELOPMENT BLOCK GRANT PROGRAM
FY2013-2014 CONTRACT #
TOWN OF MARANA
ADMINISTRATlON, EMERGENCY HOME REPAIR, COLONIA-NEIGHBORHOOD CLEANUP PROGRAM ANQ OWNER-
OCCUPiED HOUSING REHASILITATION
BUDGET MODIFICATION
Piease include:
1. A written justification for the modification for the line item{s) you wish to change; and
2. A new billing request with the requested change.
Budget change request must be limited to 10% of the total IGA amount and submitted within 30 days of the request.
Requests for budget change may not be accepted after July 7, 2014.
Please include the foflowing:
Dafe:
Name of person requesting change:
Activity Budgeted Requested Balance Available
Modification
Administration $15,000.00
Emergency Home $25,000.00
Re air
Colonia- $10,000.00
Neighborhood
Cieanu Pro ram
Owner-Occupied $35,500.a0
Housing
Rehabilitation
Tota! Bud et $85,500.OQ
�he reason for the changes to our budget �s as tollows:
Autharized Signature
Date
Mail or fax to: Gloria Soto
Pima County, Kino Seruice Center
2797 East Ajo Way, 3`d Floor
Tucson, AZ 85713
Fax Number: 520-243-6796
Re�isetl 8- i-13
Regular Council Meeting - September 3, 2013 - Page 39 of 178
Page�15
11555 W. CNIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, September 3, 2013, 7:00 PM
To: Mayor and Council
From: Keith Brann, Town Engineer
Strategic Plan Focus Area:
Not Applicable
Item C 2
Subject: Resolution No. 2013-083: Relating to Development; approving a release of assurances for
San Lucas Blocks 3 and 4 and acceptance of public improvements for maintenance.
Discussion:
San Lucas Blocks 3 and 4 is a 44.0 acre subdivision located north of Cochie Canyon Trail and west of
Postvale Road , containing lots 127 - 285, and common areas `A', `B', and `D'. The Town has an
Assurance Agreement assuring the completion of public improvements; and Willow Bridge, LLC has
completed the public improvements accepta.ble to Town standards in accordance with the Assurance
Agreement for San Lucas Blocks 3 and 4.
Financial Impact:
The costs of maintaining accepted infrastructure are incorporated in the adopted budget within the
appropriate departmental budget.
ATTACHMENTS:
I�amc;: 1.)escri�tic�rt: 1'y�c:
� Resolution 2013-
83 San Lucas BLK 34 NEW.doc ��solu�ion 2013-83 San Lucas BEocks 3 and 4 I�esr�lutiran
L� SL Blk 3 4 Exhibit A.pdf Exhitzifi R Locatipn t�lap Exhibit
Staff Recommendation:
Staff recommends acceptance.
Commission Recommendation - if applicable:
NJA
Suggested Motion:
I move to adopt Resolution 2013-083
Regular Councii Meeting - September 3, 2013 - Page 40 of 178
MARANA RESOLUTION NO. 2013-083
RELATING TO DEVELOPMENT; APPROVING A RELEASE OF ASSURANCES FOR SAN
LUCAS BLOCKS 3& 4 AND ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR
MAINTENANCE
WHEREAS San Lucas Block 3 and 4 is a 44.0 acre subdivision located north of Cochie
Canyon Trail and west of Postvale Road , containing lots 127 - 285, and common areas `A', `B',
and `D' and is recorded at the Pima County Recorder's Office in Book 60 of Maps and Plats,
Page 77; and
WHEREAS, the Town has an Assurance Agreement assuring the completion of public
improvements; and
WHEREAS, Willow Bridge, LLC, and has completed the public improvements
acceptable to Town standards in accordance with the Assurance Agreement for San Lucas Block
3 and 4; and
NOW, THEREFORE, BE TT RESOLVED by the Mayor and Council of the Town of
Marana as follows:
Article l. San Lucas Blocks 3 and 4 are hereby released from the Assurance Agreements with
Fidelity National Title Agency Ina under Trust 60,365.
Article 2.
The Town accepts for maintenance, including maintenance of regulatory traffic control and street
signs, for maintenance, approximately 1.46 miles of the following paved streets as shown on
Exhibit A:
� Stone Hearth Street
• Plummet Shell Avenue
• Pipestone Place
• Pipestone Street
• Smooth Pumice Street
• Arrowpoint Ash Avenue
• Ceramic Flute Avenue
• Copper Field Street
• Red Quartz Trail
• Fire Pit Court
• Polished Flute Avenue
Marana Resolution No. 2013-083 - 1-
Regular Councii Meeting - September 3, 2013 - Page 41 of 178
Article 3. The Town accepts for maintenance, a potable water system including 3,096 lf of
potable water line and 2,249 lf of non-potable water line, water meters, appurtenances,
valves, and fire hydrants for the above referenced project with an estimated value of
$267,220.40.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 3rd day of August, 2013.
Mayor Ed Honea
ATTEST:
APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
Marana Resolution No. 2013-083 2
Regular Council Meeting - September 3, 2013 - Page 42 of 178
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11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, September 3, 2013, 7:00 PM
To: Mayor and Council
From: Jocelyn C. Bronson
Strategic Plan Focus Area:
Not Applicable
Subject: Approval of the August 20, 2013 council meeting minutes
Discussion:
ATTACHMENTS:
l� atne:
d Repular Meetin4 08-20-
2013.docx
Staff Recommendation:
L}escriptigt�:
Council tvI�e�ing Ntinutes August 20, 2C313
T�%�e�
Cc�ver Merno
Suggested Motion:
Item C 3
Regular Councii Meeting - September 3, 2013 - Page 44 of 178
�er at 7:00
was a
by Mayor
second by
CALL TO THE PUBLIC. Richard Benner addressed Council regarding Hometown Heros.
He presented the Mayor with a plaque requested the use of the stage again for November 3.
PROCLAMATIONS
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS. Council
Member McGorray reported on the presentation made by Chief Rozema and a police officer at
a recent Dove Mountain Rotary meeting. The presentation included the new stealth motor units.
Mayor Honea reported on three events: the I-11 presentation at the Pima County Board of
Meeting Minutes—August 20, 2013
Regular Council Meeting - September 3, 2013 - Page 45 of 178
Supervisors; the tour of Casa Grande's new police department; and the Mayor's lunch he hosted
for Pinal County Mayors.
MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
PRESENTATIONS
P 1: Presentation: Relating to Community Aging ;,, Prma Co�nt A R eport to the
Co m m u n r ty, presented by representatives from the Pima Council on Aging. Presented by
Dr. Palmer Evans and Jim Murphy, CEO of Pima Cou�acil on Aging. Mr, Murphy gave
a brief overview of PCOA, Marana's older populatio�'g�`tiwth, how needs assessments
are done and some of the serious problems that agi��ults face.
P 2: Presentation: Relating to Strategic Plan�
Pian II after Fiscal Year 2013. Gilbert I����
indicators, completed initiatives and st��g�e;
progress for each of the five focus are�� ��:th�
initiatives still in progress wiil be incorpor�.��
question from the Mayor, Mr, �avidson wil� �
compare to municipalities r����ally in terms
CONSENT AGENDA. Mot;o„ ro apE
Mayor Posz. P assed un�ni„�ously 6
CI:P
Peaks
C 2,��
�
: �� ��
LIQII±(����.I
=.; � ,..
BOARI?S :
COUNCIL �
`�� presenfia��n on the status of Strategic
�on gave a su�ary report on the success
as well as initi����`�s and strategies still in
Strategic Plan. He ��ed that many of the
into Sta�gic Plan II� � response to a
� �ia� ��gether to show ��� Marana parks
ci! Me
� ;:.
�:�:
>�on �i�
ier of '
per resident1,00f� people.
C omerford, second by Vice
>sible Tiffany Loop and Twin
Loop and Twin Peaks Road.
13,`f�� 3 council meetings
A 1: Ordinanc� � Relating to Mayor and Council; amending Title 2(Mayor
and Council) of t�s��na Town Code; amending Section 2-2-1 (Primary election} to
establish the date o�� imary elections and to establish the basis for calculating the
majority of votes cast in primary elections that include the election of the mayor;
amending Section 2-2-3 (General election) to establish the date of general elections;
adding new Section 2-2-5 (Assumption of office); amending section 2-3-1 (Vice mayor)
to modify the date for the selection of the vice mayor following an election; lengthening
the terms of the mayor and council members elected in 2011 and 2013 to conform to the
new election dates; and designating an effective date. Presented by Jane Fairall.
Council had questions about the proposed language in Section 2-2-1 establishing the
basis for calculating the majority of votes cast means in a primary election where the
Meeting Minutes—August 20, 2013
Regular Council Meeting - September 3, 2013 - Page 46 of 178
mayor's seat is up for election. Ms. Fairall noted in response questions about moving
this ordinance forward at this time that it is possible the Legislature will make some
changes to clarify language that appears ambiguous or presents additional issues. A
motron was made by Council IVlember Liegler to modify the ordinance as presented by
removing Section 2'2'� (l.) which established the basis for �calculating the major'ity of
votes cast in prim��y�elections that include the election of the mayor. Language
throughout the ordinance which makes �eference to that section is also removed.
S econd by Counci/ /V/embe� Uowen. / unanimousfy 6'�. � �
A 2: PUBLIC HEARING: Ordinance No. 201 �
amending Marana Ordinance No. 2001.16, rezor
northwest corner of Sandario and Barnett Roads
conditions of rezoning to conform to interveni
and current Arizona law. Mayor Honea on���
Cassidy, who noted that normally this pr
Director. There were no speakers fror� �
Hearing. M otion to �pp�ove by Councfl'
P assed unanimously V
ITEMS FOR
D 1: Relatint
regarding all
recent and u�
things are ge
will be put fc
Town to be r
for
tive �es�tt�n, purst�
or consul��n for
is agenda ��
�� �
U
cussion and possible action
�vernment actions and on
��: Del Post reported that
;xpects that several resolutions
Conference of Cities and
A.R.S. §38-431.03 (A)(3), Council may ask for
�dvice with the Town Attorney concerning any matter
E 2: Executiv� �ession p��uant to A.R.S. § 38-431.03(A)(3), {4), and {7) for discussion
and consultatib��ith ��'�'own's attorneys for legal advice and to consider the Town's
position and instn��;��i��;�epresentatives regarding pending negotiations with the Arizona
State Land Departm�4Yt concerning the Tortolita Preserve Lease.
FUTURE AGENDA ITEMS
Notwithstanding the mayor's discretion regarding the items to be placed on the agenda, if three
or more Council members request that an item be placed on the agenda, it must be placed on the
agenda for the second regular Town Council meeting after the date of the request, pursuant to
Marana Town Code Section 2-4-2(B).
of
114
ig to Development;
nately 44 acres of land at the
A" to "R-6," by revising the
s, current Town policies,
�earing. Presented by Frank
�ade by the Planning
udience; Mayor ����ea closed the Public
mber Liegler, second \:��.�,Vice lVlayo� Post,
Meeting Minutes—August 20, 2013
Regular Council Meeting - September 3, 2013 - Page 47 of 178
ADJOURNMENT Motion to adjourn by Vice /Vfayor Post, second by Council /Vlember
M cGorray. !"assed unanimously V
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council
meeting held on August 20, 2013. I further certify that a quorum was present.
Jocely
Meeting Minutes —August 20, 2013
Regular Councii Meeting - September 3, 2013 - Page 48 of 178
11555 W. CIVIC CENTER DRIUE, MARANA, ARIZONA 85653
Council Chambers, September 3, 2013, 7:00 PM
To: Mayor and Council
From: Cynthia Ross, AICP, Planner II
Strategic Plan Focus Area:
Community
Item A 1
Strategic Plan Focus Area - Additional Information:
Strategic Plan Initiative 4- To develop diverse housing opportunities for residents to promote the
development of a balanced portfolio of housing to meet the future needs ofMarana residents.
Subject: PUBLIC HEARING: Relating to Development; public hearing to discuss and consider an
application by the property owners to annex an approximateiy 36.79 acre parcel of property
located on the northeast corner of Twin Peaks and Oasis Roads.
Discussion:
The Town of Marana is processing an annexation for an approximately 36.79 acre parcel of property
located on the northeast corner of Twin Peaks and Oasis Roads within a portion of Section 14, Township
12 South, Range 12 East, Gila and Salt River Meridian. A parcel map is included in the backup
materials. The applicant has submitted a rezoning application in hopes of developing 91 single family
residential lots on the property.
The proposed annexation area is contiguous to the Town's corparate limits and is within the Town of
Marana's General Plan Planning Area. The adopted Land Use Plan for the Town of Marana designates
this site as Low Density Residential (LDR), which suggests overall density of 0.5 to 2.0 residences per
acre.
In the County, this property is currently zoned Suburban Ranch (SR), a residential zoning designation
with a minimum lot size of 3.3 acres. The Pima County Comprehensive Plan designates this property RT
- Resource Transition, which suggests overall density of 0.3 residences per acre.
Once annexed, this property will be within the Marana water service area.
Right-of-way that will be annexed into the Town will be the portion of Twin Peaks Road that runs along
the western and northern side of the parcel and Oasis Road on the south side of the parcel extending
west.
A blank annexation petition was filed with the Pima County Recorder's office on August 9, 2013. This
public hearing is mandated by state law (A.R.S. § 9-471(A)(3)), which requires the Town to hold a
public hearing on the annexation not less than 20 nor more than 30 days after the filing of the blank
petition.
To date, staff has received three public records requests relating to this annexation.
Regular Councii Meeting - September 3, 2013 - Page 49 of 178
Financial Impact:
Infrastructure costs to serve the property should be offset by development impact fees. Home
construction will be subject to the Town's 4% construction sales t�.
ATTACHMENTS:
l�arr�e: L1es�:riptic�n: TYpe:
0
Tvrin Peaks Oasis Annex map for,�ublication.jpy �' ��� ������ ��
L3 recorded biank�etition.pdf Recc}rded B[ank Petition Baekup Ma�erial
Staff Recommendation:
No action required - public hearing only.
Suggested Motion:
No motion required.
Regular Council Meeting - September 3, 2013 - Page 50 of 178
�
�
F. � R4�RZ�z, �CO�ER : I�IIII�I�III111I�IIIIIHINIII�IIIIII�I�Il�I{IIl11iI�Illl��ll
Reaorded By: NIId `
"` DEPUTY RECORDER �
� SE¢UENCE: 2Q132210164
A 913 �'
NO. FAGES'* 7
3MARA � ANNEXP OB/09I2013
TOWN OF NEARANA ��° 10:3?
PICKL7P PICK UP
AMOiJNT f . $8.00
:.�1:1�E�.AT�C)1�T PETITIU�I
[TWIN PEAKS & Ot�SIS ANNEXATION]
TO THE HC?NORA�LE NIAYOR AND COUNCIL OF THE Tt}WN OF MARANA,
ARIZ�C}NA:
We, the undersigt�ed, being #he €�wners af one-half ar more in �alue of the real and
p�rsonal property and more than one-half of the persc�ns owning real and persc3nal
prQperty, as shown by the last assessment af said properly by the Gounty Assessor or by
the Arizc�na Department of Revenue, which wauld be subj�et to taxation by the Tt�wn of
Marana in the event of annexatian within the territory proposed to be annexed, which is
described in the legal descriptian attached to and incorporated in this Peti�i�n as
EYhibit A, s�id territc�ry being contiguous to the corporate limits of th� Toum df Marana,
with the exterior boundaries of the territory prc�posed ta be annex�d shown on the map
attached ta and incc�rparated in this Peti�ian as E�ibit B, requcst the Town af Marana to
annex the described #erritory as provicl�d ir� A.�t..S. § 4-471.
PROPERTY OWNER:
�.�. • . ���
PR(�PERTY DES+CR.IP'TIC►N:
(ar parcel number or =
leg�1 descrip#ion) �
AZ STATE TAX CODF #: "'
AUTHORIZED SIGNA'1�.TRES(S) Date. �
_ Da���
(NOTE: Each signature must be date�i.)
x:lshared fiteslannexazion caseslannexation stuf�2013 annexationsltwin peaks & oasisibiank_anne�cation peti�icm.de�c
Regular Councii Meeting - September 3, 2013 - Page 52 of 178
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C1'111L ENGINEERiNG • LAND SUR�fEY(NG
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` � � � ` �. :Y � � � � �� d � d. �... � d.
Alt tt�at cettain re�tf pr€�perty situate �n the County of Rima, S�ate r�f �r�z�tt�, I�catet# irt Se�tit�r�
14, Township 12 Stt�tth, Ran��: 12 �ast, C�i[a an� �alt River Merid�an, ma�; partic�tarty
described as fc��l�ws;
Ga� Ot'������a 5f�"}f Z�a` F�d b�ar°i� tFt+� :C�ytS�ae tf8r��� �ttUttlb�f L�
•� q�t�r�er cc�mer c�� said Seetion 1�4, represented by a 5J8" stee( r�ta�r s+�t �rt cc�r��ret� vvith a 1-
al��ninum cap b�anng the registratirsn numsber LS 1#352, t�ears � 89° 2�' �3"�V ��ra�is o€
�'fCf+�n�w��ewrel..�, .+i:,e�.f,�..r.w... ..L�+4G�A1+ Ah 2"�. _♦ . . .
i� � � 27� ��R � � t�����t �� 1����7'���� __ _ _ __ _
� Thence S tlf�° 27' 4�' E�tr�ng th� mid-�ecr�ia� lin� a dis#�n�ce-�f 3(3.00} fe�t to Et�� Pt31NT C,�F
�., B�t�iNN�N� Eying c�n tt�e s�t�t�r right of w�y �ine €�t't��sis FEoad as dedica#ed by �cua�l� 3 r�f Rc�ad
� M�p� at �a�� 69. recards c�f Pi�na Coun#y� Ar�zc�r��;,
Tt�ence S 89° 26" 23" UV a1Qng sairi so�th, right ra# way fine a di�tar�ce �f 1�46.29 f��t to the
inter��cti�� wifh #h� southwesterly protar�ga#ion gf the 1in� de�ned �' �e�n points 3�6 and 325
(Line 9} as s�own on she�t R'V�1� c�f tl�e sunr�e�r recorri�ed as Sec�uence Number 2�'E 1'E47`tIf�93,
r�cords o� sar�d Pim� ���r�ty�;
TFr+�nce �V �7° 36` 5�f" E�#c��g �aid Line a di�tar�� of '! 1�.78 fee#'to tt�e'nc►rtt� �ight of way li�e �f
s�ic� t��s�s�� Rc�ad;
" �`he��e N 89° 26' �3" ��IQ� saii€i nort� cight of way [ine a dista��� of f�fi�ffili f�t tr� a point vn
the westerly right` c�f way E►ne c�€ ��sis Ro�rd, rrc►tect �s {Prc�pos�d} c�r� saNd su�rey, recarded as:
Sequence fUc►. 2i�'11 ��47(�t��, ar�c� represE:nted by a 518' rebar k�arir� r�gistrat�€�n nurr�b�r RLS
• 2�l?�'1, said pr�int' ��n� t� fF►� arc t�f' � nc�n-tan�e€�t cunre cancarre tc� the nocthe��#, thr��h,
wf�i�ch a ra�#��i be�rs � 3�° 1� 14" tN; _.
The�ce westeriy and nvr#herly alt�ng said west�rly �ight c�f wa� tin�, ai�€tg �tte �rc �f saic� c€�rve,
#c� t�e ri�h#, having a rat�it�� o� 44tI.C?0 feet thraugh :� �+��t��l arsg#� c+f 36° 2��,�7" for ��t �rc
dist�nce of 279.74 fe�t to a pe�int of tangen�r repreg+�r�t,ac� by a 5/8 t'E?#3r�F ��1`tfl� C££C�fS�t'�Et}X1
tTlltt1k38t ��� ��J� 1�'� ;
T�tence co�tinuing atong said wes#erly right of w�y l�n� N 27° �2' t}9" Vtit a distan� r�f 22�5f'f�t
#� the beginning af a curve concarr� 4a the south;
2143 N. A�11�RNU!N WAY ST� �• T�CSON ARIZC3IV� 85712 • t�N' S2U-99{}-0428:FX 52(}-32��395"�
vrr+nr�v. a�e��d �vco n. co rn
gular Council Meeting - September 3, 2013 - Page 53 of 178
Thence cc�ntinuing a(ang said west+�rly ri�ht afi way, north�dy artd r�s#er(y a1c►ng ti�e arc of said
curve, to tFr� �eft, hav�ng a radius of 44.t?0 feet through a een#rat ang�le' trfifi �3°' 38' 3�" fc�r an arc
dis#ance of �5.3� feet to a poin# c�f compound curr+ature as show� c�n said survey, sai+d' point
beir�g represenfed by a 5/$" rebar bearing the regis#ration nurnk�r R�.S 2�t#71;
Thence leaving said wes#�rly right rrf way line, N 12° 26' 13° W a d�tar€r� of 181.06 fe�t tt� pa�rtt`
11Ut'�3b�t 4�� �S ShOWft 4t1 5�It) St1CYL'y recorded as Sequenc� �io. t12i 1147UU13, said p�t��n�
lying €�n the northerly right of Twin Peaks Bctulevard (previously known as Camino C�� �t{a�tana�
ant3 being a point c�f reverse curvature repre��nted by a 518" rebar bearing r�egisfrafic�n r�umt�r
RLS 2�t}71 #ttr4ugtr wt�i�F� � radial bears N��° 4C1' 19° V1f;
7hen�� eagterly alc�r�g the prr�tanga#iar� c�f ihe arc of s�id ct�r�rer,'tc� the r�g}�t, 3�aving a radius of
239�4.Ufl feet t�trough a c�ntraf angle cxf 42° 36' �0" f�r an arc cfistat� of 'f08.87 fe�t tcs crc�int
r+t�rnber 443 lyinc� on the rrorth�rly ri�
saicl survey, s�id' point being a pc�i�►t
58" lt►l;
Thenc.e continue east�riy along said.
ha�it�g a radius af 2�94,t34 feet thrr�u
2�.�2 feet tc� pt�in# r�urr�ber 444 �s �h
Thence cc�n#ir�u� ��sterly atonc� saitl'
tc� a p�+int c�r� t�e'rtorth �ight t�f ' tin
(�t�ps� �s sht�wn on s�id survev: ,
g a radius af 1
� feet`#o poir�t
regisfration n�
of way lir�e. a(Qng the ar� af a� ��
centrat at�gle �f 00° 32` 38" f+ar,�
or� sai�i st�rvey,
c�f �n►ayr lin� �f ��� �' ��� � � ttis
Caminc� � Mar�a �c�fi���d i
�.�.� . .:�
r� fhe� ar� af �aid �urve,
3° 3&� ��" for` an �r�
�ci sepresented by a` 5/8"
of 17Et.42 fe�t tc� p�oin#'
t�rri�g t�� r��s#ratian
th+� narthvvesf;
� r+►■ �sa
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Regular Council Meeting - September 3, 2013 - Page 54 of 178
Th�n�e cor►ttn�e �asterly alcrng ��id nortt�e�ly right,' �f w�y line W: 37° 46' 2�I" �� c�i�t�nce of
1�9;78 f�et to pt�i�tt �ur�ber 47�i as shc�wn on said surv�y, said pt�ttt k�eing ft�� begi��n�rt� of a
cucv� ccrn�ve �o the socrtt�e�st;
Thence easterly anci northerfy along said right of way fine, along the arc Qf sa�d ct��re, to the left,
h�vin� a radius of 1434.(#U feet thrt�ugh as ceniral angle vf 0° 48" 38" far an arc distance af 2Q.29
feet;
Thence S 39° 23' �8" E a distance t�f 150.t�f3 fee# to pc�int number 51{} lying or� #h� nr�rth fir�e of'
southsnrest c�ne-quart�r €�f tl�e northeast one-�uarier of said Section 14 as shawn or� �aid survey
and rept'eser�ted by � 11�"° r�bar tae�ring tP�e re�istratic�n nt�mber LS �6294;
Tt�ence hl' 89° �8' 44" E alor�g said r�c�rEh line a tlis#ance: a�f �a�.12 f�e� tc� fhe nc�rthwest �c�rrte� €��
"�.c�t A `�, 1'E3COCdQd c�S BOOk �� Of SElPV�:j�3 �# Pc��� $ , r�cc�rci� a�f sa�id Pima Cc�unty, repres�r�t�d
k�y � 1t2" rebar b�ar�r�g #he r��istrati�n nurnber RL� 35543, fr�m whFCh a 4i2°' reb�r, bear�ng the
r�ist�rati�n nurr�ber F2LS 13178, representin� the north�as� utrne� of said "Lc�# A" be�rs N 8�°
59" 16" E a distance tsf 681.93 feet; ,
The€�ce S: U�° 13' 17" lttl a�r�n� the west li�es af "��ts A, B, and C}" as shawn c�n ���ct stsrvey a
dist�r�ce af 128t1:85 f+��t tr� the sauthwest �or�ter of said "Lot t�"' fying on the nsart� ric�h� of w�iy
line c�f s�iti t�a�is �2oad, represente�i; by � 1/2" rebar Eaearin� the regi�tration numb�r LS 162�4;
Th+�nce S£�t}° 33' 26" E, perpenrlicular i� s��d narth r�gt�t c�f way 1�n�, a di�tartc�: of ��tlQ feet to
f31� Si}U��1 fit��1# Of W�1� IIFi� 0� 5�1� C�381S I�tI3CI _
Thenc� S 89° 25' 34" tt�t a0ong sa€d �auth right crf way fine a distarrce �if 6��.CM3 #eet Ea th�
PCIIRIT t3� B�EG�Nt�tRlC:
Cont�3ininc� 47.1 CI ��res t�#` land, more c�r I�ss.
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Regular Council Meeting - September 3, 2013 - Page 55 of 178
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Regular Council Meeting - September 3, 2013 - Page 56 of 178
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Regular CounciT Meeting - September 3, 2013 - Page 57 of 178
T4WN OF MARANA AFFIDAVIT REGARDING COMPETING ANNE�:ATI+(�N
{Twin P�aks & Oasis Annexation)
COTri�S MQW tll� A�flaTit Cynthia Rass, an autharized a�ent of the Tawn af Marana, and hereby
files this affidavit in c€�mpliance with A.R.S. ��-471 (A){6}. Affiant affirms that she has
conducted reasonable review and re�earch and has deteimined that n� part af the territory in the
attached prc�pQSed Twin Peaks & Oasis Annexatian is alr�ady subject to an earlier filing far
annexatiQn. Further, affiant saye#h not.
Cynthia RQSSS Tc�wn o� Nlarana Planner �I
STATE +QF ARIZC}NA
CflUNTY t)F PIMA
)
} ss
}
Subscribed and su€orn to befc�re m�e �l
the Town c�f M�r�,na, duty autharized
2(}I3 by Cyn#hia Ross, Plann�r II af
�.rana, an the Tc�wn's behalf,
� � . , i�
(Seal� .����
Carote E. Gleeson
Nokary PaiN� - A�izona
f �� P�na Cou�
My Conanissian ExPins
"� `"' Ap�lf�+{, Z014 , �
x;\shared filesiannexatian caseslannexatian stu#�12{?13 annexatians\twin peaks & oasistaffidavit
re cornp�ting a�xnexativn.doc;
Regular Councii Meeting - September 3, 2013 - Page 58 of 178
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, September 3, 2013, 7:00 PM
To: Mayar and Council
From: Jenna Reilly, Planner I
Strategic Plan Focus Area:
Community
Item A 2
Subject: PUBLIC HEARING: Ordinance No. 2013A21: Relating to Development; adopting the
revised Casa Sevilla Specific Plan; modifying development standards pertaining to lot size,
grading limits, lot coverage, and maximum building height; and allowing an increase in the
number and type of homes
Discussion:
HISTORY
The Casa Sevilla Specific Plan was originally adopted by the Marana Town Council on May 17, 2005
by Ordinance 2005.13. The original Casa Sevilla Specific Plan accommodated a maximum of 341ots
with a zero lot line side setback to accommodate either attached, or detached single family residences.
Minimum lot sizes of 5,200 square feet were proposed with a ma�cimum lot coverage of 41%, and
building heights were restricted to 23 feet.
A disturbance limitation was imposed on the property due to the listing of the pygmy owl. The original
specific plan proposed grading 7.85 of the 34.65 acre site.
Proposed circulation within the site was to be a single access private drive. The original specific plan
dedicated 75 foot section of right-of-way for Tangerine Road along the northern boundary. This
condition will remain.
Under the original specific plan, sanitary sewer service was to be provided by a private gravity sewer
system to a private lift station.
SPECIFIC PLAN CHANGES
The amended Casa Sevilla Specific Plan proposes a maximum of 64 detached single family residential
lots with a minimum lot size of 6,000 square feet, a maximum of 70% lot coverage, and a building
height restric�ion of 30 feet.
Forty-three percent of the site is to be designated as Open Space, with a minimum of 35% set aside as
Natural Undisturbed Open Space (NUOS). The NUOS designation is intended to preserve sensitive
areas of the site, including wash areas and higher density vegetation. This area will be protected during
grading and construction activities by fencing and flagging. All areas within in the Natural Open Space
designation which are disturbed wili be landscaped and re-vegetated.
Regular Councii Meeting - September 3, 2013 - Page 59 of 178
The community will be accessed by Camino de Oeste, and there will be a secondary gated emergency
access point directly onto Tangerine Road near the middle of the northern property line. Roads within
the proposed development will be public.
The amended Casa Sevilla Specific Plan now provides for the community to be served by public sewer.
PUBLIC NOTIFICATION
The public hearing notice for this specific plan amendment was properly advertised in the Daily
Territorial newspaper and posted in various locations in the Town. All property owners within 300 feet
of the subject property were notified by mail of the proposed amendment and date of the pubic hearing.
The applicant held a neighborhood meeting on July 9, 2013, and no major concerns were brought to the
attention of staff. As of the date of this report, no comments have been received.
RECOMMENDED FINDINGS
The site is currently designated "F", Specific Plan Zone. The proposed amendments are consistent with
the purpose of Specific Plan zoning. The project is in compliance with all other development standards
of the Land Development Code related to this zoning classification.
l. With the acceptance of the proposed recommended conditions, this proposal is consistent with the
purpose and intent of the Town of Marana General Plan.
2. This proposal, with acceptance of the recommended conditions, does not appear to be detrimental
to the immediate area or to the health, safety, and welfare of the public and the Town of Marana.
CASE ANALYSIS
Review Criteria
1. Ability to comply with development regulations, i.e. water, sanitation, access, developable �arcel,
etc.: With the acceptance of the recommended conditions the development complies with the
requirements of all agencies.
2. Ability to complv with requirements of the zonin�; regulations, i.e. lot size, fronta�e, setbacks,
etc.: With the acceptance of the recommended conditions this proposal complies with the
requirements of the "F" Specific Plan zoning and the purpose and intent of the Land Development
Code.
3. Consistent with the purpose of the zonin�regulations and with the intent of the General Plan:
With the acceptance of the recommended conditions this proposal is consistent with the purpose
and intent of the Town of Marana General Plan.
4. Compatible with the surroundin� area, harmonious with the character of the nei�hborhood, not
health, safetv, or welfare of the inhabitants of the area and the Town: Based upon the
requirements and conditions, this proposal does not appear to be detrimental to the immediate area
or to the general health, safety, and welfare of the inhabitants of the area and the Town of Marana.
RECOMMENDED CONDITIONS OF APPROVAL
1. Compliance with all provisions of the Town's codes, ordinances and policies of the General Plan
as current at the time of any subsequent development, including, but not limited to, requirements
for public improvements.
2. The developer will be required to process subdivision plats, development plans, landscape plans,
Native Plant Permits, and all associated improvement plans through the Town of Marana.
3. The property owner shall not cause any lot split of any kind without the written consent of the
Town of Marana.
4. A water service agreement and master water plan must be submitted, by the developer, and
accepted by the Utilities Director prior to the approval of water improvement plans.
5. A sewer service agreement and master sewer plan must be submitted by the developer and
accepted by the entity responsible for waterwater management and the Town Engineer prior to the
Regular Council Meeting - September 3, 2013 - Page 6U of 178
:�
7
8.
9.
10.
11.
12.
13.
14.
15.
16.
approval of the sewer plans.
Before recordation of a final plat, the Developer shall have completed or shall provide evidence to
the Town's satisfaction that the Developer has made a diligent effort to complete the process of
having the Property annexed into a fire district or otherwise provide for fire protection service.
The final design of all streets and circulation facilities, including the gated access (if applicable),
shall be accepted by the Northwest Fire District or other applicable Fire Service Provider prior to
the Town Council's consideration of the final plat.
The Town shall accept the final Covenants, Codes, and Restrictions prior to Town Council
Consideration of the final plat.
The preliminary plat shall be in general conformance with the Land Use Concept of the Casa
Sevilla Specific Plan.
The Developer shall dedicate, or cause to have dedicated, an additiona175' along the northerly
property line to the Town of Marana.
The Developer will be responsible for the design and construction of a westbound left-turn lane on
Tangerine Road at Camino de Oeste. The left-turn lane shall be designed and built to Pima
County Standards.
The Developer will be responsibre for the design and construction of the northbound approach of
Camino de Oeste to Tangerine which will require an exclusive left-turn lane and a shared
through/right-turn lane.
Vegetation growing along the Tangerine Road right-of-way at Camino de Oeste will be the
responsibility of the owner, and must be cut back to provide adequate sight distance based on the
50 MPH posted speed limit on Tangerine Road.
No approval, permit, or authorization of the Town of Marana authorizes the applicant and or
landowner to violate any applicable federal or state laws or regulations, or relieves the applicant
and or landowner from the responsibility to ensure compliance with all applicable federal and
state laws and regulations, including the Endangered Species Act and the Clean Water Act. The
applicant is hereby advised to retain appropriate expert and or consults with federal and state
agencies to determine any action necessary to assure compliance with the applicable laws and
regulations.
An annual report shall be submitted to the Planning Department within 30 days of the anniversary
of the Town Council's approval of the Specific Plan in addition to those requirements listed in the
Land Development Code and Specific Plan.
Within 60 days after the adoption of this Ordinance, the applicant shall provide the Planning
Department with one non-bound original, 25 bound copies, and one digital copy (in Microsoft
Word) of the Casa Sevilla Specific Plan as amended by this Ordinance.
ATTACHMENTS:
I�ame:
l�escr��t�r�n:
��
�
Ord. 2013A21 Revised Casa Sevilia Soecific PEan ���, �p�3,g�� ���r��� ��sa Sevilia Speci�c Plan Grdinar�ce
(00035240).doc
0 Casa Sevilia Location Man.pdf
0 Casa Seviila SP Document 7.19.13 (1).pdf
d Casa Sevilla Aaalicatian.pdf
Staff Recommendation:
Casa Sevifla Locafic�n F��ap 8ackup fthaferial
Casa S�vi(la Specifc PEan [3ercument Backup �tlaterial
Casa Sevilla App[ication Backup Materiaf
Staff recommends approval of the revised Casa Sevilla Specific Plan with the recommended conditions
listed in this staff report.
Commission Recommendation - if applicable:
This case is being heard at the August 28, 2013 Planning Commission meeting. Recommendation will
be forwarded at or prior to the Town Council meeting.
Suggested Motion:
I move to adopt Ordinance 2013.021, approving the revised Casa Sevilla Specific Plan with the
conditions recommended by staff.
Regular Council Meeting - September 3, 2013 - Page 61 of 178
Regular Council Meeting - September 3, 2013 - Page 62 of 178
MARANA ORDINANCE NO. 2013.021
RELATING TO DEVELOPMENT; ADOPTING THE REVISED CASA SEVILLA SPECIFIC
PLAN; MODIFYING DEVELOPMENT STANDARDS PERTAINING TO LOT SIZE,
GRADING LIMITS, LOT COVERAGE, AND MAXIMUM BUILDING HEIGHT; AND
ALLOWING AN INCREASE IN THE NUMBER AND TYPE OF HOMES
WHEREAS The Planning Center represents the owner of approxirnately 34.6 acres of
land located a portion of Section l, Township 12 South, Range 12 East, depicted on Exhibit "A"
attached to and incorporated in this Ordinance by this reference; and
WHEREAS the Casa Sevilla Specific Plan was approved by the Town Council on May
17, 2005, as Ordinance No. 2005.13; and
WHEREAS the delisting of the cactus ferruginous pygmy owl has allowed for more
developable area on the subject property; and
WHEREAS the Marana Planning Commission held a public hearing on August 28, 2013,
and voted - to recommend that the Town Council _ the requested Specific Plan
amendment, subject to the recommended conditions; and
WHEREAS the Marana Mayor and Town Council held a public hearing on September 3,
2013 and determined that the requested Specific Plan amendment should be approved.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of
Mara.na, Arizona, as follows:
Section l. The Casa Sevilla Specific Plan is hereby amended by updating the
Introduction, Development Capability Report and the Development Regulations of the current
plan. Amendments include changes to development standards pertaining to lot size, grading'and
disturbance limits, lot coverage, and maximum building height, and allow for an increase in the
quantity of single family detached residences.
Section 2. This specific plan amendment replaces the original Casa Sevilla Specific Plan
with a revised Casa Sevilla Specific Plan, the violation of which shall be treated in the same
manner as a violation of the Town of Marana Land Development Code (but which shall not
cause a reversion of this Ordinance), subject to the following conditions:
1. Compliance with all provisions of the Town's codes, ordinances and policies of the General
Plan as current at the time of any subsequent development, including, but not limited to,
requirements for public improvements.
2. The developer will be required to process subdivision plats, development plans, landscape
plans, Native Plant Permits, and all associated improvement plans through the Town of
Marana.
Ordinance No. 2013.021 - 1- 8/23/2013 10:45 AM JRIFJC
Regular Council Meeting - September 3, 2013 - Page 63 of 178
3. The property owner shall not cause any lot split of any kind without the written consent of
the Town of Marana.
4. A water service agreement and a master water plan must be submitted, by the developer, and
accepted by the Utilities Director prior to the approval of water improvement plans.
5. A sewer service agreement and master sewer plan must be submitted by the developer and
accepted by the entity responsible for wastewater management and the Town Engineer prior
to the approval of sewer plans.
6. Before recordation of a final plat, the Developer shall have completed or shall provide
evidence to the Town's satisfaction that the Developer has made a diligent effort to complete
the process of having the Property annexed into a fire district or otherwise provide for fire
protection service.
7. The final design of all streets and circulation facilities, including the gated access (if
applicable), shall be accepted by the Northwest Fire District or other applicable Fire Service
Provider prior to the Town Council's consideration of the final plat.
8. The Town shall accept the final Covenants, Codes, and Restrictions prior to Town Council
Consideration of the final plat.
9. The preliminary plat shall be in general conformance with the Land Use Conceprt of the
Casa Sevilla Specific Plan.
10. The Developer shall dedicate, or cause to have dedicated, an additional 75' along the
northerly property line to the Town of Marana.
11. The Developer will be responsible for the design and construction of a westbound left-turn
lane on Tangerine Road at Camino de Oeste. The left-turn land shall be designed and built to
Pima County Standards.
12. The Developer will be responsible for the design and construction of the northbound
approach of Camino de Oeste to Tangerine which will require an exclusive left-turn lane and
a shared through/right-turn lane.
13. Vegetation growing along the Tangerine Road right-of-way at Camino de Oeste will be the
responsibility of the owners, and must be cut back to provide adequate sight distance based
on the 50 MPH posted speed limit on Tangerine Road.
14. No approval, permit, or authorization of the Town of Marana authorizes the applicant and/or
landowner to violate any applicable federal or state laws or regulations, or relieves the
applicant and/or landowner from the responsibility to ensure compliance with all applicable
federal and state laws and regulations, including the Endangered Species Act and the Clean
Water Act. The applicant is hereby advised to retain appropriate expert and or consults with
federal and state agencies to determine any action necessary to assure compliance with the
applicable laws and regulations.
15. An annual report shall be submitted to the Planning Department within 30 days of the
anniversary of the Town Council's appro�al of the Specific Plan in addition to those
requirements listed in the Land Development Code and Specific Plan.
Ordinance No. 2013.021 - 2- 8(23/2013 10:45 AM JR/FJC
Regular Council Meeting - September 3, 2013 - Page 64 of 178
16. Within 60 days after the adoption of this Ordinance, the applicant shall provide the Planning
Department with one non-bound original, 25 bound copies, and one digital copy (in
Microsoft Word) of the Casa Sevilla Specific Plan as amended by this Ordinance.
Section 3. If the developer fails to have a final subdivision plat recorded for this property
prior to October 1, 2018, the Town may, upon action by the Town Council, initiate the reversion
of the property's zoning to R-36, the zoning classification of the property before the adoption of
Marana Ordinance 2005.13.
Section 4. All ordinances, resolutions and motions and parts of ordinances, resolutions,
and motions of the Marana Town Council in conflict with the provisions of this Ordinance are
hereby repealed, effective as of the effective date of 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 3rd day of September, 2013.
Mayor Ed Honea
ATTEST:
APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
Ordinance No. 2013.021 - 3- 8l23/2013 10:45 AM JR/FJC
Regular Councii Meeting - September 3, 2013 - Page 65 of 178
Ordinance No. 2013.021 - 4- 8/23l2013 10:45 AM JR/FJC
Regular Council Meeting - September 3, 2013 - Page 66 of 178
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Casa Sevi l la
Specific Plan Amendment
Marana, Arizona
Submitted to:
Town of Marana
Planning Department
11555 West Civic Center Drive
Marana, Arizona 85653
Prepared For:
PulteGroup Inc.
16767 N. Perimeter Drive, Suite 100
Scottsdale, Arizona 85260
Prepared by:
The Plannin� Center
110 South Church Avenue, Suite 6320
Tucson, Arizona 85701
Gtlith assistance from:
WestLand Resources, Inc.
4001 E. Paradise Falls Drive
Tucson, Arizona 85712
And:
APEX Devetopment Consultants, PC
2141 N. Alvernon Way, Suite C
Tucson, Arizona 85712
June 2013
SPA - 13013
Originat Ordinance Number: 2005.13
Regular Council Meeting - September 3, 2013 - Page 69 of 178
Casa Sevilla Specific Plan
Section 1: Introduction .....................................................................................................1-1
A. Background .....--�-�--......--•-•-•-�---�---�---•-�-� ...............�•-�-�----�-�---��-�-�----�--�•--•--..................................................
Section il. Development Capability Report ...................................................................11
A. Purpose and Intent ...........................�-�-�-�-�-----��-�-�-•--��-�----.............---•---.....................................................II
B. Existing Land Uses .................................................................................................................................•--II-2
1 . Site Location ....................................................................................................................................il-2
2. Existing On-Site Land Use and Zoning ...........................................................................................II-4
3. Existing Conditions on Properties within a One-Quarter Mile Radius ............................................II-4
4. Well Sites within 100 Feet of the propertY .......................................................................................II-5
C. Topographyand Slope ...................................................................................•-•-••----...---�---��---�-�-•---..........II-8
1. Hillside Conservation Areas ........................................................................................................•---.II-8
2. RockOutcrops .........................................................................•-�-�---�-•--•-�-•--•--�-��----.........................II-8
3. Slopes of 15% or Greater ........................................................�-----�----�--•�-----.......-•---.......................II-8
4 . Other Sign�cant Topographic Features ...........................................................................•--•-�-�-�---..II-8
5. Pre-Development Cross-Slope.....-•-• .....................................:...�-�---•---............................................II
D. Hydrolo9Y, Water Resources and Drainage.--�--........--�---� ..............�--•--..................................................II
1. Off-Site Watersheds -�--•-�---.....-�-� .........................•�-�---•--................................................................II
2 . On-Site Hydrology ....................................................................................�-•-•-•-•---•-�•---...................II-10
3. Existing Drainage Conditions along Downstream Property Boundary .........................................11-11
E. Vegetation........-�---�-�--.....-�-�-�---�-�-�-------�-�-��--��---�--...-�-� .............................................................................II
1. Vegetative Communities and Associations On-Site ......................................................................11-15
2. Significant Cacti and Groups of Trees ...........................................................................................11-16
3. Special-Status Plant Species ........................................................................................................II-17
4. Vegetative Densities by Percentage of Plant Cover .....................................................................11-18
F. Wildlife.......--��-�-�-�-�-� .............................�---�---�-�--�-�-�---•-�-�--.....-�-�----..........................................................II
1. Presence of Threatened or Endangered Species .........................................................................11-22
2. High Densities of a Given Species .........................................................................................•-�-�--11-24
3. Aquatic or Riparian Ecosystems .....................................................�-----�--•----�-----...........................II-24
4. Arizona Game and Fish Department Environmental Review .......................................................1t-24
G. Soils and Geology ...................................................................................................................................II-26
1 . Soils ......................................................................................•-�-�--��--•-•-•-�--......................................II-26
H . Viewsheds ..............�--.............................................................................................................-�--��---�---�---II-28
1`. Viewsheds Onto and Across the Site ...............................................................................•--..........II-28
2. Area of High Visibility from Adjacent Off-Site Uses .......................................................................II-28
I. Traffic Circulation and Road System ...............................................................�-----�---.............................II-33
1. Existing and Proposed Off-Site Streets .........................................................................................II-33
2. Existing Access and Rights-of-Way ..............................................................................................II-35
3. Roadway Improvements----•-� .....................•--�-�--............................................................................II
4. Existing and Proposed Intersections on Arterials within One Mile and Most Likely to be Used by
Trafficfrom this Site ....................�-•-�---�---...........-�------....................................................................II-36
��
Table of Contents i
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Casa Sevilla Specific Plan
5. Existing Bicycle and Pedestrian Ways Adjacent to the Site and Their Connections with Arterial
Streets, Parks and Schools ...........................................................................................................II-36
J. Recreation and Trails .............................•--•--...........-�-�---...................................-•-----�--............................11-37
1. Open Space, Recreation Facilities, Parks and Trails ....................................................................11-37
K. Cultural Resources ...........................................�-•-�•--�---.........................................--................................11-39
1. �ocation of Resources On-Site ......................................................................................................11-39
L. Existing Infrastructure and Public Facilities ............................................................................................11-40
1 . Sewer ...........................�-��--�-�--...-�---..........................................-�-�---.............................-----�-�----.....II-40
2 . Fire Service ........................................................�--.......---...............................---•--•----.....................II
3. Water-------------•-�--...-�---�-�---.....................................---�---------............................................................II-44
4 . Schools ..............................................�-�--�--....................................................................................II-44
5. Private Utilities .-� ................................................�-•---•�-•---....................................._.........................II
M. McHarg Composite Map .---�-• ....................................... .................II-48
-�------�-•-�-• ...........................................
S ection 111. Development Plan .............................................................,......................... III
A. Purpose and Intent ............................�-�---�--��--�--......................................---�--�--........:...............................111-2
B. Relationship to Adopted Plans ......................................••-�--�-�--..................................-----.........................III-2
1. Marana General Plan ...............................�--...................................----.....................................----....III-2
C. Compatibility with Adjoining Development and Location Restrictions .....................................................111-4
1. Adjoining Development Compatibility ..........................................................�-•--..............................III-4
D. Land Use Concept Plan ...._....--� ...............................................•---...---......................................................
E. Circulation Plan ..............................................................................•---•--...................................._..............III-7
F . Grading Element .-•-�-�----�-� ............................................�-•�-�---....................................:..............................III
G. Post Development Hydrology...---� ............................................................................................................Ilf
H. Environmental Resources ........................................�--..............................--••-�------...........................---...III-13
1. Waters of the United States .....................................�------....................................--�---....................III-13
2. Federally Endangered Species and Other Special Species ........................................................111-13
3. Phase 1 Environmental Study ...................�----...............................---............................................III-13
4. Habitat Conservation Plan ......................................•---�----•---..................................---....................III-13
5. Wildlife Corridor ...................................................�---..............................---•-�---...............................I11-14
Landscape& Buffering .................................�-�--......................................----...........................................111-14
1. Native Plant Preservation .:...........................................................................................................I11-15
J. Cultural Resources ........................................................................�-�--•--.................................................III-15
O. Public Services .......................................................................................................................................III-15
1 . Police Service .................................................�--...........................................................................III-15
2. Fire Service .......................�---�-�-�-•--....................................----...............................----....................III-15
3. Schools ....................................................................��---�-�----..............................---........................III-16
P. Utilities .........................................................�----...................................--�--............................-•-•-�---.........111-16
1. Water.......-�-�-�-�--�-• ........................................•---�---...............................---.......................................III
2 . Wastewater.........--••---��--� ......................................�-�---..................................---.............................III
3. Other Utilities .............................................................................�-�-�--...................................---.......111-17
Table of Contents ii
Regular Council Meeting - September 3, 2013 - Page 71 of 178
Casa Sevilla Specific Plan
4. Sanitation and Recycling Services ................................................_........................--•--.................III-17
Section IV. Development Regulations ........................................................................ IV
A. Purpose and Intent ............................................................................................•�-------............................. IV-2
B. General Provisions ..................�-----�--�--------...................................................................--•�--�---.................IV-2
1. ApPlicable Codes ...............................................�-•-�-�-�--�-�--.......................................................----- IV-2
2 . Additional Uses ..................�-�--�------.........................................................................---••-�-----........... IV-2
C. Development Standards .....................................•-�---•-•-��-•-�---�--�--�-•---.................................................---.. IV-3
1 . Land Use Standards .............•-�-•----...........................................................................---•-----�--......... IV-3
2 . Landscapin9-�-�--� ............................................................................................�----...........................IV
3. Landscape Standards .................................................................................................................... IV-6
4 . Parking Standards ..............................................................................•�-------.................................. IV-8
5. Lighting ............................................................�---�----�---........-�---.....................................................IV-8
6. Signage ..........................•-�-�----�---........................................................................-•-•-----..................IV-8
D. Single Family Residential Detached Housing Design Standards ........................................................... IV-8
1. Individual Lot Landscaping ........................................................................�-----.............................. IV-8
E. Town of Marana Subdivision Requirements ...................................•---.............................................-----.. IV-8
1. Provision of Recreational Area .......................................................................•�--�-�--...................... IV-8
F. Minimum Roadway Development Standards ......................................................................................... IV-8
1. Application ...........................................................�•---�---�--�-�--...........................................--�---.........IV-8
2. Functional Classifications Defined ................................................................................•--.............. IV-9
3. Cul-de-sacs .............................................�-•-�-�--............................................................-•------..........IV-9
4 . Curbing and Sidewalks----��--� ......................................................................................................... IV-9
5. Travel Lanes --� .................................................................................•--•�---...................................... IV-9
Section V. Implementation and Administration .......................................................... V-1
A. Purpose .......................................��---�---�-�-�--...........................................................---..........._................... V-2
1. Extent of the Specific Plan to Supplement or Supersede Adopted Town Zoning Regulations..... V-2
2. General Implementation Responsibilities ..................................................•---.................................V-2
3. Interpretation ...............................�--...................................................................--•-�---...................... V-2
4. Development Review Pr�edures .................................................�-�--•�---...............................-�---... V-3
5. Specific Plan Amendments ............................................................�-�---�-----..............................--•--�- V-3
6. Administrative Change ..............................•-•---�-�-�----�---................................................................... V-3
7 . Substantial Change ...................................................................................•-•-�-�----�--....................... V-4
Appendix A: Ordinance 2005.13 .......................................................................................1
Appendix B: Cultural Resources Report ......................................................................... 7
Appendix Bibliography .................................................................................................9
�ist of Exhibits
Exhibit I.A.1: Regional Context ......................................................•-�--�-�---�---.....................................................I-3
Exhibit II.B.1: Site Location .................�-�--�---��-•---....................................................-•----....................................II-3
.�
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Table of Contents iii
Regular Council Meeting - September 3, 2013 - Page 72 of 178
Casa Sevilla Specific Plan
Exhibit 11.6.2: Existing Zoning ...........................................................................................................................II-6
Exhibit 11.6.3: Existing Land Uses .................................................................................•-•--...............................II-7
Exhibit II.C.1: Topography and Slope ....................................................................................�•---•-•-�•----...........II-9
Exhibit II.D.1: Off-Site Watersheds ........................:.................................................................••-�--------•------....II-12
Exhibit II.D.2: On-Site Hydrology ...................................................................�---�-�-•----....................................II-13
Exhibit II.D.3: FEMA Floodplain ......................................................................................................................II-14
Exhibit II.E.1.a: SDCP Vegetative Communities, Associations and Densities ..............................................11-19
Exhibit II.E.2: Site Resource InventorY-�--•---• ...................................................................................................II
Exhibit II.E.3: Vegetation Densities ....................................................................••-�--�--•-�--...............................11-21
Exhibit II.G.1: Soil Associations .............................................�-•-•-�---......-�-�---..................................................II-27
Exhibit II.H.1.a: Photo Key Map .....................................................................................................................II-29
Exhibit II.H.1.b: Site Photos ...................................�--...........................--•--•---�---�---..........................................II-30
Exhibit11.1.1: Traffic ..........................................................................................................•-•�----........................II-34
Exhibit 11.J.1: Recreation and Schools ..........--••--�-�--...-�---�-�-�--��----�-�--�--� ....................................................•---II
Exhibit II.L.1.a: Existing Sewer Facilities .............................................................................•-.•---.-••------..........II-41
Exhibit II.L.2: Fire Service .................................................................................�--•--........................................II-43
ExhibitII.L.3.a: Water--�-�-�----�-�---�---�--�-�-��-�-� ...............................................................................�•---•--••-�---.....
Exhibit II.L.3.b: Water Service Letter ..............................................................................................................II-47
Exhibit II.M.1: McHarg Composite Map ..-�-�---�-•-� ...............�-�•--�-•--•-�-�---...........................................--�•---•-�---.II
Exhibit III.D.1: Land Use Concept Plan ...........................................................�-�---•---......................................III-6
Exhibit III.G.1: Post Development Hydrology------------------------------------------•--...........................................--.----..III-12
Exhibit IV.C.1: Land Use Designafions ......................................................................��---............................... IV-5
ExhibitIV.C.2: Landscape .............................................................................................................................. IV-7
List of Tables
TableII.D.1: Off-Site Watersheds -�-�---� ............................�--��----�---�--...............................................................II
Table II.D.2.c: 100 Year Peak Discharge ......................................................................��---.............................II-11
Table II.E.1: Species list of plant species observed on site ...........................................................................11-16
Table II.E.3.a: USFWS List of Plant Species for Pima County .......................................................................11-17
Table II.E.3.b: Special Status Species .............................................................�------........................................II-18
Table II.F.1: USFWS List of Wildlife Species for Pima County .......................................................................11-23
Table11.1.2: Roadway Inventory .................................................................................................................�----.II-35
Table II.L.4: School Capacities & Enrollments ................................................................................................II-44
Table III.F: Site Grading Information ....................................................................��---.......................................III-8
Table of Contents iv
Regular Council Meeting - September 3, 2013 - Page 73 of 178
Regular Councii Meeting - September 3, 2013 - Page 74 of 778
Casa Sevilla Specific Plan
A. Background
Casa Sevilla Specific Plan is a planned development located in the Town of Marana, on
the Tortolita Fan, northwest of Tucson and southwest of the Tortolita Mountains. The
parcel is bounded by Tangerine Road on the north, vacant land to the east, Migitty Lane
on the west and vacant property on the south. In total, the Spec�ic Plan includes
approximately 34.65-acres.
This specific plan is submitted on behalf of PulteGroup Inc. as an amendment to the
original 2005 Casa Sevilla Specific Plan to reflect the current proposal for a similar single
family residential subdivision with modifications to the development standards for lot size,
grading limits, lot coverage and maximum building height. The Casa Sevilla Specific Plan
(34.65-acres) was originally adopted by the Mayor and Councit of the Town of Marana in
May 2005 (See Appendix A: Town of Marana Ordinance No. 2005.13). The site originally
was platted for thirty-four 5-6,000 square foot lots, and fell victim to the recent recession
and therefore, remains undeveloped. The amended specific plan includes a maximum of
64 single family residential units, and a reconfigured clustered lot layout that maintains
preservation of the sensitive areas of the site, including the wash areas and higher density
native vegetation . As shown on Exhibit !lI.D.1, a conceptual land use plan is included that
currently shows a total of 48 units. This concept plan is for illustrative purposes only.
There are a great number of variations of that plan that could ultimately be utilized on this
site. The plan is intended to show the overall concept for the site in order to provide
direction for traffic and civil engineering studies. It is not to be considered an actual
proposed subdivision plat. The subdivision will be subject to the Town of Marana
residential design standards.
In addition, at the time the Specific Plan was adopted it was designed to reflect pygmy owl
habitat, with 30% disturbance and a very compact development pattern. Since that time,
the owl has been delisted as an endangered species. The proposed subdivision design
currently reflects approximately 43% open space, which is ample enough to preserve the
natural drainage ways, riparian habitat and wildlife connectivity, but is more reflective of
other approved projects in the area. This plan intended to highlight recently approved
projects with similar open space percentages, however; there are no recently approved
projeets in the vicinity.
See Exhibit 1.A.1: Regional Context.
Introduction I-2
Regular Council Meeting - September 3, 2013 - Page 75 of 178
Casa Sevilla Specific Plan
Introduction 1-3
Regular Councii Meeting - September 3, 2013 - Page 76 of 178
����:� � ..�..,.�. �,�...:
Regular Councii Meeting - September 3, 2013 - Page 77 of 178
Casa Sevilla Specific Plan
A. Purpose and Intent
The primary purpose of the Development Capability Report section of the Casa Sevilla
Specific Plan is to identify the site's opportunities, constraints and various physical
characteristics, the analysis of which will then provide a means whereby development is
designed in a sensitive and responsive manner to the physical conditions of the site.
Information for this section was compiled from a variety of sources, including site visits,
referencing topographic, hydrological, archaeological and tra�c analyses, and
correspondence with staff from the local jurisdictions. The Development Capability Report
follows the Town of Marana requirements provided in the Town of Marana Land Development
Code.
Pursuant to such requirements, information on the following physical components of the site
was compiled to assess the suitability of the property for development:
• Existing structures, roads and other development
• Topography and slope analyses
• Hydrology and water resources
• Vegetation and wildlife habitat
• Geology and soils
• Viewsheds
• Cultural resources
• Existing infrastructure and public services
B. Existing Land Uses
This section of the Development Capability Report identifies existing zoning, land use and
structures on-site and on surrounding properties, as well as other proposed development in
the project vicinity.
1. Site Location
The project is situated in the East-Central portion of the Town of Marana in the
northeast comer of Section 01, Township 12, Range 12 East befinreen Tangerine
Road (north), Migitty Lane (west), Camino De Oeste (east), and vacan# property
(south). The property lies approximately 6 miles east of Interstate 10. In tatal, the site
area is approximately 34.65-acres. See Exhibit 11.6.1: Site Location.
Development Capability Report II-2
Regular Council Meeting - September 3, 2013 - Page 78 of 178
Casa Sevilla Specific Plan
Exhibit II.B.1: Site Location
Regular Councii Meeting - September 3, 2013 - Page 79 of 178
Development Capability Report il-3
Casa Sevilla Specific Plan
2. Existing On-Site �and Use and Zoning
The site is currently vacant with no existing structures on-site. The existing zoning
designation on the property is "F," Spec�c Plan as a result of the original Casa Sevilla
Specific Plan that was adopted by Mayor and Council of the Town of Marana in May
2005. See Exhibit 11.B.2: Existing Zoning.
3. Existing Conditions on Properties within a One-Quarter Mile Radius
a. Zoning
The zoning designations of surrounding properties, as depicted in Exhibit 11.8.2
are as follows:
North: F(Dove Mountain Specific Plan)
South: R-36 (Single Family Residential)
East: F(Sky Ranch Specific Plan)
West: R-36 (Single Family Residential)
b. Land Use
The land uses of surrounding properties within one-quarter mile, as depicted in
Exhibit J1.8.3: Existing Land Uses are as follows:
North: The Preserve IV at Dove Mountain Single Family Residential
Subdivision & Encantada at Dove Mountain Multi-Family
Residential Subdivision
South: Vacant (Velvet Sky — Pending Single Family Residential
Subdivision) & Unsubdivided Single Family Residential
East: Vacant and Sky Ranch Single Family Residential Subdivision
West: Vacant (Tangerine Ridge — Pending Single Family Residential
Subdivision)
Also, as shown on Exhibit 11.8.3: Existing Land Uses, there is one planned
single family residential subdivision, Tangerine Ridge, with 61 lots and a gross
density of 0.52 residences per acre (RAC), #PRV-05135F. In addition, the
Encantada at Dave Mountain, a 272-unit finrastory luxury apartment complex
with one, two and three bedroom units, was recently approved and is currently
under constr�uction and is projected to be complete by the end of the year 2013.
Development Capability Report 11-4
Regular Council Meeting - September 3, 2013 - Page 80 of 178
Casa Sevilla Specific Plan
c. Number of Stories of Existing Structures
There are no existing structures currently on the site. Directly north of the site
and Tangerine Road, the Encantada at Dove Mountain, currently under
construction, has a total of 19 two-story multifamily units. Southeast of the site,
the Sky Ranch residential subdivision has 3 homes that are two-story while the
remaining homes are single story. All other homes within one-quarter mile of
the site are single story.
d. Pending and Conditional Rezonings
According to the Town of Marana's Planning and Zoning Activity most recent
map dated January 2013, there are no pending or conditional rezonings within a
one-quarter mile radius of the project site.
e. Subdivision/Development Plans Approved
Both the Sky Ranch and The Preserves at Dove Mountain subdivisions are
within one-quarter mile of the project site. There is one development plan,
Encantada at Dove Mountain that was approved on August 10, 2012.
f. Architectural Styles of Adjacent Development
All the homes in the immediate area of this project are multi-style custom-built.
4. Well Sites within 100 Feet of the property
According to Pima County Geographic Information Systems and the Arizona
Department of Water Resources, there are no wells located on-site, or within 100 feet
of the property. See Exhibit lLB.2: Existing Land Uses.
Development Capability Report II-5
Regular Council Meeting - September 3, 2013 - Page 81 of 178
Casa Seviila Specific Plan
Regular Council Meeting - September 3, 2013 - Page 82 of 178
Development Capability Report II-6
Casa Sevilia Specific Plan
Regular Councii Meeting - September 3, 2013 - Page 83 of 178
Development Capability Report II-7
Casa Sevilla Spec�c Pian
C. Topography and Slope
The elevations on the property range from approximately 2583 feet at the southwestem
comer to approximately 2630 feet at the northeastern comer. An un-named wash enters the
property along the northeast comer with flows under 5� CFS. F�cisting topography at 2'
contour intervals is shown on Exhibit II.C.1: Topography and Slope.
1. Hillside Conservation Areas
There are no Hillside Conservation areas on the subject property.
2. Rock Outcrops
There are no rock outcrops on the subject site.
3. . Slopes of 15% or Greater
There are only small areas adjacent and immediate to the washes that have 15% or
greater slopes. The surface slope of the property is shown on Exhibit II.C.1:
Topography and Slope.
4. Other Significant Topographic Features
There are no other significant topographic features such as peaks or ridges on the
project site.
5. Pre CrossSlope
The average cross-slope of the property is approximately 5% from the northeast
boundary of the site to the southwest corner.
The pre-development cross slope calculation and values used are as follows:
Cross-slope =(I x L x 0.0023) / A
Where:
I = contour interval (2')
L= total length of contours (39,886')
0.0023 = conversion of "square feet" into "acres x 100"
A= total site area in acres (34.65 AC)
Development Capability Report II-8
Regular Council Meeting - September 3, 2013 - Page 84 of 178
Casa Sevilla Specific Plan
Regular Council Meeting - September 3, 2013 - Page 85 of 178
Development Capability Report il-9
Casa Sevilla Specific Plan
D. Hydrology, Water Resources and Drainage
The foilowing site hydrology information was analyzed and prepared by APEX Development
Consultants, PC. All hydrology information is for illustrative purposes only and is subject to
verification/modification via the drainage report with supporting calculations based on then
existing and proposed conditions at the time of application.
1. Off-Site Watersheds
The offsite drainage exhibit represents the offsite watersheds which fall towards the
subject property. The watershed boundaries were obtained from the Pima County 2'
contours based on the, Ruelas Canyon Quad #3287. Please see Exhibit lI.D.1.
Originating from the foothills of the Tortolita Mountains, upstream watersheds "Off1",
and "OFF2" enter the site at CP1 and CP2 along the north side of the property under
Tangerine Road through existing culverts. "OFF3" enters the site at the east
property line at CP3.
Watershed "OFF1" consists of 167-acres and produces 573 cfs during the 100 year
storm event which enters the site through two existing 36" culverts. Watershed
"OFF2" consists of 14.6-acres and produces 103 cfs during the 100-year storm event
and enters the site through a single 36" culvert. OFF3 consists of 181-acres and
produces 583 cfs during the 100-year storm event. This watershed enters through a
dip section in Camino De Oeste. Q's were calculated using the Pima County
Hydrologic Data calculator PC-Hydro
Acreage of Upstream Off-site Watersheds with 100-year Discharge Greater Than
100 CFS
Table II.D.1: Off-Site Watersheds
Off-Site Calculated Flow Drainage Area
(cfs) (Acres)
OFF1 573 167
OFF2 103 14.6
OFF3 583 181
2. On-Site Hydrology
a. On-site drainage flow conditions are characterized by:
The onsite drainage exhibi# represents the onsite watersheds. These watersheds
are broken into five sub watersheds. ON1E is 1.3 acres and produces 8.8 cfs and
discharges at CP 4 in sheet flow. ON2E is 20.9 acres and produces 147 cfs during
the 100 year event. This watershed accepts flows from OFF1 at CP1 and OFF2 at
CP2 and then passes these flows through to CP5 with a total OF 681 cfs af
combined flow. ON3E is 8.7 acres and produces 61 cfs during the 100 year event.
This watershed accepts flows from OFF3 at CP3 and passes these flows through to
Development Capability Report II-10
Regular Council Meeting - September 3, 2013 - Page 86 of 178
Casa Sevilla Specific Plan
CP7 with a total flow of 603 cfs. ON4E is 1.3 acres and produces 9.2 cfs in the 100
year event. This watershed discharges at CP6 in sheet flow. ONSE is 2.5 acres
and produces 17 cfs during the 100 year event. This watershed discharges at CP7
in sheet flow.
b. Federally Mapped Floodways and Floodplains:
The property is located within FEMA Insurance Rate Map 04019C1065L. The site
is affected by the FEMA AO-2 zone (with flood depths of 2' and velocities of 3 to 4
feet per second) within ON2E through a well incised channel. Ptease see Exhibit
ll. D.3
c. 100 Year Peak Discharge Exceeding 50 cfs:
The peak discharge rates for both washes having a 100-year event flow greater
than 50 cfs are shown below:
Table II.D.2.c: 100 Year Peak Discharge
Calculated Flow Drainage Area
On-site (cfs) (Acres)
ON'� E 8.8 1.3
ON2E 147 20.9
ON3E 61 8.7
ON4E 9.2 1.3
ON5E 17 2.5
See Exhibit Il. D. 2
3. Existing Drainage Conditions along Downstream Property Boundary
The downstream drainage is a mixture of well incised channels and areas accepting
sheet flow. CP5 and CP7 represent the channels with the largest discharge which is
being passed through from OFF 1-3.
In summary, the proposed development wiH not impact the existing on-site washes
therefore allowing the upstream flows and the on-site flows to pass through the site
without creating hazardous and detrimental flood conditions.
Development Capability Report II-11
Regular Council Meeting - September 3, 2013 - Page 87 of 178
Casa Seviila Specific Plan
Exhibit II.D.7: Off-Site Watersheds
Da Area (ac) QlOD
�FF1 167 573 CF�
�FF2 14,6 103 GFS
�FF3 181 583 CFS
Con Q
PT 10�
CP1 573 GES
CP2 103 CFS
CP4 583 CFS
�L1FF�rITE DRAINAflE
Development Capability Report II-12
Regular Council MeeGng - September 3, 2013 • Page 98. of 178 � � � "
PIMA COUNTY TaP�RAPNY 20� USGS �ppHic sca�
. . 100D O 500 100D TA00
� m�n - i000 tt.
Casa Sevilla Specific Plan
Exhibit II.D.2: OnSite Hydrology
Da
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CP5
CP6
CP7
CP8
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681 CFS
9,2 CFS
603 CFS
17 CFS
ONSITE DI�AINAaE
Q100
8,8 C�S
147 CF�
6t CFS
9,2 CFS
17 GFS
Development CapabOity Report t1-13
Regular Council Meeting • Seplember 3, 2013 - Page 89 of 178 � . � � . � � � .
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Casa Seviila Specific Plan
E. Vegetation
1. Vegetative Communities and Associations On-Site
The project site is located on the southern flank of the Tortolita Mountains on the
Tortolita Fan and contains native vegetation that is typical of that found in the Arizona
Sonoran Desert. The site drains from the northeast to the southwest and there are
severat well defined washes running through the property. The property occurs within
the Arizona Upland subdivision of the Sonoran Desertscrub biotic community (Brown
and Lowe 1980'). Existing vegetation is categorized into two distinct communities;
Palo Verde — Mixed Cacti, in the uplands, and Sonoran Riparian Scrub growing along
the washes (Pima County GIS 2013). See Exhibit ILE.1.a: SDCP Vegetative
Communities, Associations and Densities
a. Arizona Upland Subdivision, Palo Verde-Mixed Cac#us series:
A Site Resource Inventory was completed in accordance with Town of Marana
requirements (See Exhibit lLE.2). Existing upland vegetation across the property is
diverse in vegetation species composition and structure. Dominant species on the
property include foothill palo verde (Parkinsonia microphylla), creosotebush (Larrea
tridentata), triangle-leaf bursage (Ambrosia de/toidea), burroweed (Isocoma
tenuisecta), saguaro (Camegiea gigantea), and a variety of other cacti. Smaller
numbers of blue palo verde (Parkinsonia florida) and desert ironwood (O/neya
tesota) trees are also present. Mature ironwoods were not noted on the property.
The health of existing upland vegetation on site is generally good to fair. The
saguaro age structure is healthy, with an undetermined number of saguaros as well
some approximated to be over 30-feet tall. Many of the upland trees are exhibiting
signs of stress due to current drought conditions. This is evident in the extreme
amounts of dead wood and infestation of mistletoe.
b. Sonoran Riparian Scrub vegetation:
Sonoran Riparian Scrub vegetation is associated with the washes running through
the property. This community is dominated by mesquite trees (Prosopis velutina)
and whitethorn acacia (Vachellia constricta), and inGudes other facultative riparian �
species, such as desert hackberry (Celtis pallida) and catclaw acacia (Senegalia
9'►'e9'9'�►)•
The health of existing riparian vegetation on site is generally good. Growing along
washes, this vegetation generally has access to higher groundwater than that found
' Brown, D.E., and C. Lowe, 1980. Biotic communities — Southwestem United States and Northwestem Mexico. Map. University of Utah
Press. Salt Lake City, Utah.
Development Capability Report II-15
Regular Council Meeting - September 3, 2013 - Page 91 of 178
Casa Sevilla Specific Plan
in the uplands; therefore signs of drought stress, even though still present, are less
prevalent.
Exhibit Il.E.3: Vegetation Densities, illustrates the extent of the two vegetative
communities found on the Casa Sevilla property. Table II.E.1 presents a list of
plants observed during a February 2013 site visit. Also observed, but not listed,
were various bunch grasses and forbs.
Table II.E.1: Species list of plant species observed on site.
Ambrosia ambrosioides Can on ra weed
Ambrosia deltoidea Tria le-leaf bursa e
Baccharis sarothroides Desert broom
Carne iea i antea Sa uaro cactus
Celtis allida Desert hackbe
Echinocereus s. Hed eh cactus
Ferocactus wislizenii Barrel cactus
Fou uieria s lendens Ocotillo
H menoclea sa/sola Cheeseweed
Isocoma fenuisecta Burroweed
Jatro ha cardio h Ha Limberbush
Larrea tridentata Creosotebush
Mammillaria microcarpa Pincushion cactus
Olne a tesota Desert ironwood
O untia en e/mannii Prickl ar cactus
O untia ful ida Chain fruit cholla
O untia le tocaulis Christmas cholla
O untia versicolor Sta horn cholla
Parkinsonia micro h/la Foothills palo verde
Parkinsonia florida Blue alo verde
Proso is ve/utina Velvet mes uite
Sene alia re ii Catclaw acacia
Vachellia constricta White thorn acacia
Zizi hus obtusifolia Gra hom
2. Significant Cacti and Groups of Trees
The saguaro population appears to have a stable age structure, with many young
plants scattered throughout the site, as well as plants well over 30 feet in height,
although the saguaro population on the property is typical for the area. No unusual
groups of trees were noted on the property.
Development Capability Report II-16
Regular Council Meeting - September 3, 2013 - Page 92 of 178
Casa Sevilla Specific Plan
3. Special-Status Plant Species
The U.S. Fish and Wildlife Service (USFWS) identifies five plant species in Pima
County that have protection under the Endangered Species Act (ESA) (Table II.E.2)
None of these species are expected to occur on the property. In addition, the Rrizona
Game and Fish DepartmenYs (AGFD) Heritage Data Management System {HDMS)
was accessed via their On-line Environmental Review Tool, to locate records of
occurrence within 3 miles of the property for these species. The HDMS also includes
records for numerous other species that do not have ESA protection (special-status
species), and of lands of environmental concem, such as critical habitat for species
with ESA protection and wildlife linkage corridors. The HDMS does not include
records for any plant species with ESA protection (Table II.E.3). The summary page
from the HDMS review has been included as Exhibii:� II.F.1: AGFD Online
Environmental Review.
The HDMS does identify one special-status species within 3 miles of the property; the
Tumamoc globeberry (Tumamoca macdougali�). The species is salvage restricted
under the Arizona Native Plant Law.
Marana's draft Habitat Conservation Plan (HCP) does not include any plant species to
consider.
Table II.E.3.a: USFWS List of Plant Species for Pima County
� , ` � � ��� � ; ����
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Plants
Acuna cactus
Echinomastus erectocentrus var. I Proposed Endangered
acunensis)
Gooding's onion
Huachuca water umbel
Allium gooddingi�)
Conservation Agreement
Lilaeopsis schaffneriana ssp. � Endangered
recurva)
Kearney's blue star Amsonia keameyana) Endangered
Pima pineapple cactus Coryphantha scheeri var. Endangered
robustispina)
Nichol Turk's head cactus 1 Echinocactus horizonthalonius I Endangered
( var. nicholi►)
2 httpJlwww.fws.gov/southwest/es/arizona/Documerrts/CountyLists/Pima.pdf
Development Capability Report II-17
Regular Council Meeting - September 3, 2013 - Page 93 of 178
Casa Sevilla Specific Plan
Tabie II.E.3.b: Special Status Species
Definitions: FWS (U.S. Fish and Wiidiffe Service), USFS (U.S. Forest Service), BLM (U.S. Bureau of Land Management), State
(fvizona Department of Agriculture), BGA (Bald and Goiden Eagle Protection Act), SC (Species of Concem), S(Sensitive; those
occurring on Nationai Forests in Arizona which are considered sensitive by the Regional Forests), SR {Salvage Restricted:
collection oniy with permit.), WSC (Wildiife of Special Concem i� Arizona). Species whose occurrence in Arizona is or may be in
jeopardy, o� with known or perceived threats or population declines, as described by the Arizona Game and Fish DepartmenYs
listing of Wildlife of Speciai Concem in Arizona (WSCA)
4. Vegetative Densities by Percentage of Plant Cover
The Pima County GIS (2013) categorizes the upland, Palo Verde — Mixed Cactus
vegetation on the property as medium density, and the Sonoran Riparian Scrub
vegetation along the washes as high density.
See Exhibit ILE.3: Vegetation Densities.
Development Capability Report II-18
Regular Council Meeting - September 3, 2013 - Page 94 of 178
Source: Arizona State Game and Fish Department
Casa Sevilla Specific Plan
Development Capability Report i1-19
Regular Councii Meeting - September 3, 2013 - Page 95 of 178
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F. Wildlife
1. Presence of Threatened or Endangered Species
The U.S. Fish and Wildlife Service (USFWS) identifies 12 animal species in Pima
County that have protection under the Endangered Species Act (ESA) (Table II.F.1:
USFWS List of Wildlife Species for Pima County) While a detailed analysis was not
conducted for the potential of these species to occur on the property, from past
experience on projects in this area, only one of those 12 species is expected to have
reasonable potential to occur on the property. The lesser long-nosed bat
(Leptonycteris curasoae yerbabuenae), listed endangered, may forage on saguaros at
the property.
The Sonoran desert tortoise (Gopherus morafkar) is a candidate for ESA protection.
This species is a resident of the nearby Tortolita Mountains and is known to wander
down the Tortolita Fan. There is potential for desert tortoises to use the property,
although likely on an irregular basis.
Marana's draft HCP includes six species with no status under the ESA that are not on
the USFWS list for Pima County (Table II.F.1). This document does not consider the
potential for those species to occur on the property beyond review of the draft HCP
maps depicting modeled habitat for those species. Modeled habitat is not depicting
the property for any of the six species.
3 http:llwww.fws.gov/southwest/es/arizona/Documents/CountyLists/Pima.pdf
_ Development Capability Report 11-22
Regular Council Meeting - September 3, 2013 - Page 98 of 178
Invertebrates
Rosemont talussnaii
San Xavier talussnail
Talussnail
Fish
Desert pupfish
Gila chub
Gila topminnow
R ept il es
Ground snake (valley form)
Northem Mexican gartersnal
Sonoran desert tortoise
Sonoyta mud turtle
Tucson shovel-nosed snake
Amphibians
Lowland leopard frog
Chiricahua leopard frog
Birds
American Peregrine Falcon
Cactus ferruginous pygmy-a
Califomia least tem
Masked bobwhite
Mexican spotted owl
Southwestem willow flycatch
Western Burrowing Owl
Yellow-billed cuckoo
Mammals
Lesser long-nosed bat
Merriam's mesquite mouse
Ocelot
Pale Townsend's big-eared bat
Sonoran Pronahom
Sonorella rosemontensis
Sonorella eremita
Sonorella spp.
Cyprinodon macularius
Gila infermedia
Poeciliopsis occidenfalis occidentalis
Sonora semiannulata
Thamnophis eques megalops
Gopherus morafkai
Kinostemon sonoriense long'rfemorale
Chionacds occipitalis klauberi
Lithobates (Rana] yavapaiensis
Lithobates (Rana) chiricahuensis
Falco peregrinus anatum
Glaucidium brasilianum cactorum
Stema antillarum browni
Colinus virginianus ridgwayi
Strix occidentalis lucida
Empidonax traillii extimus
Athene cunicularia hypugaea
Coccvzus americanus
Panther onca
Leptonycteris curasoae yerbabuenae
Peromyscus merriami
Corynoihinus townsendii pallescen
An6locapra americana sonoriensis
Candidate
Conservation Agreement
None
fndangered
None
Candidate
Candidate
Candidate
Candidate
None
Threate�ed
Delisted
Delisted
Threatened
None
Candidate
Endangered
None
None
Endangered
Not Covered
Not Covered
Covered
Not Covered
Not Covered
Not Covered
Covered
Covered
Covered
Not Covered
Covered
Covered
Not Covered
Not Covered
Covered
Not Covered
Not Covered
Not Covered
Covered
Covered
Covered
Not Covered
Covered
Covered
Not Covered
Covered
Not Covered
Development Capability Report II-23
Regular Council Meeting - September 3, 2013 - Page 99 of 178
Casa Sevilla Specific Plan
Casa Sevilla Specific Plan
2. High Densities of a Given Species
There is no evidence that unusually high densities of any wildlife species occur on the
property.
3. Aquatic or Riparian Ecosystems
Washes that flow only in response to storm events cross the property: one in the
southeast comer, and another near the west edge, with a smaller tributary joining from
the northeast. The higher density of vegetation along these washes may support a
higher density and diversity of wildlife. The vegetation density along the washes does
not appear particularly high for xeroriparian vegetation, and is generally restricted to a
narrow band along the wash edges, so the effect on wildlife density and diversity is
expected to be moderate.
4. Arizona Game and Fish Department Environmental Review
In support of this analysis, the Arizona Game and Fish Department (AGFD) Heritage
Data Management System (HDMS) was accessed via AGFD's On-line Environmental
Review Tool, to locate records of special-status species axurrence within 3 miles of
the property. In addition to including species with ESA protection, the HDMS includes
records for numerous species that do not have ESA protection, and of lands of
environmental concern, such as critical habitat for species with ESA protection and
wildlife linkage corridors. The HDMS does not include records of occurrence within 3
miles of the property for any wildlife species with ESA protection (Table II.F.1). The
summary page from the HDMS review has been included as Exhibit 1/.F.9: AGFD
Online Environmental Review.
The HDMS includes records for two species that do not have ESA protection: the
golden eagle (Aquila chrysaetos), which has federal protection under the Bald and
Golden Eagle Protection Act, and the cactus ferruginous pygmy-owl (Glaucidium
brasilianum cactorum), which used to be designated endangered by the USFWS, but
lost ESA protection in 2008. As with most bird species in the United States, both of
these species receive the protections provided by the Migratory Bird Treaty Act. There
is no potential for the golden eagle to nest on the property, and little potential for it to
forage on the property, but habitat on the property is potentially suitable for the
pY9my
Development Capability Report II-24
Regular Council Meeting - September 3, 2013 - Page 100 of 178
Casa Sevilla Specific Plan
Exhibit II.F.1: AGFD Online Environmentai Review
Development Capability Report II-25
Regular Council Meeting - September 3, 2013 - Page 101 of 178
Casa Sevilla Specific Plan
G. Soils and Geology
1. Soils
The information provided in this section is based on best data available from the Soil
Survey for Pima County, Arizona, Eastern Part, 1999 and generalized soil maps
based on Soil Survey data available through Pima County Department of
Transportation. According to these sources, the site contains one soil type, Palo
Verdes-Jaynes Complex, 2 to 8 percent slopes. The Palo Verdes-Jaynes Complex
soil type is generally composed of a gravelly sandy loam substance. This soil is well
drained, and is compatible with development, given the proper engineering design.
Specific structural considerations will be addressed during the development permitting
process. Exhibit II.G.1 shows soils associations within the project arga. The following
descriptions from the United States Department of Agriculture Natural Resources
Conservation Service (NRCS) Soil Sunrey for Pima County provide information about
the characteristics of each soiL
Development Capability Report II-26
Regular Counal Meeting - September 3, 2013 - Page 102 of 178
Casa Sevilla Specific Plan
Exhibit II.G.1: Soil Associations
Regular Council Meeting - September 3; 2013 - Page 103 of 178
_ _ Development Capability Report i1-27
Casa Sevilla Specific Plan
H. Viewsheds
1. Viewsheds Onto and Across the Site
The Casa Sevilla project area is located in a developing area within the Town of
Marana limits. Residential developments exist north, south and east of the site.
Topography within the project area is gently sloping to the southwest. There are no
steep hills or significant topographic features on the site. The general landscape is
dominated by natural desert upland vegetation with finro braided washes, varying in
width from 6-20 feet, crossing the project area. Viewsheds onto and across the site
are dominated by mature native trees, cacti, and shrubs. Views of the middle ground
are partially obstructed by vegetation in the foreground. Views of the background
(greater than eight miles) include the Tortolita, Tucson, and Catalina Mountains.
See Exhibit II.H.1.a: Photo Key Map and Exhibit II.H.1.b: Site Photos.
2. Area of High Visibility from Adjacent Off-Site Uses
The areas of high visibility from adjacent off-site uses are mainly along the
boundaries. The main areas of high off-site visibility are along the northem boundary
when travelling Tangerine Road. Tangerine Road is slightly higher than the elevation
of the site and therefore you can see along the site frontage. The topographical
changes along the southem half of the site prohibit high visibility with the exception of
the immediate site property lines. The native trees and topography changes
significantly reduce views across the site.
See Exhibit ll. H.2: Visibility.
Development Capability Report II-28
Regular Council Meeting - September 3, 2013 - Page 104 of 178
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Casa Sevilla Specific Pian
Exhibit II.H.1.b: Site Photos
� Photo 3: View looking north at the Encantada at Photo 4: View looking east from the northeast comer
Dove Mountain from the northeast corner of the site. of the site.
Photo 5: View looking northeast at a wash from the Photo 6: View looking south at a large wash crossing
southwest corner of the site. located towards the northeast corner of the site.
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Development Capability Report II-30
Regular Council Meeting - September 3, 2013 - Page 106 of 178
Photo 1: View looking east onto the site from the
middle of the westem property boundary.
Photo 2: vew from the eastern boundary looking
west across the site.
Casa Sevilla Specific Plan
Exhibit II.H.1.b: Site Photos, continued
Photo 7: View looking southwest from the southeast Photo 8: View looking north from the northwest
comer of the site. comer of the site.
Development Capability Report i1-31
Regular Council Meeting - September 3, 2013 - Page 107 of 178
Casa Sevilla Specific Plan
Regular Council Meeting - September 3, 2013 - Page 108 of 178
Development Capability Report it-32
Casa Sevilla Specific Plan
I. Traffic Circulation and Road System
A Casa Sevilla Traffic Impact Study by EPS Group, Inc. has been submitted under
separate cover.
1. Existing and Proposed Off-Site Streets
Tangerine Road is adjacent to the northern boundary of the project area. Both
Migitty Lane and Camino De Oeste intersect Tangerine Road, providing access to
the site from the west and east, respectively.
No off-site roads are proposed as a part of this project. Existing roadways within
the project area are shown on Exhibit ll.l.1: Traffic.
Tangerine Road - State Route 989
Tangerine Road is a 2-lane highway principal arterial with a variable right-of-way
(R-O-W) expanding to 250' in front of the site. It is understood that Tangerine Road
is scheduled to be improved to a 4-6 lane facility with a 350'-400' R-O-W. As a
result, the developer shall also dedicate, or cause to have dedicated, 75' additional
R-O-W along the northern property line to meet the future 350'-400' R-O-W for
Tangerine Road.
The posted speed limit is 50 MPH. The current average daily trip (ADT) generation
is approximately 14,600 with a projected ADT of 30,200 in the year 2040. It would
be expected that the Arizona Department of Transportation would have already
evaluated future development immediate to the proposed site, and therefore, would
have accounted for the impact associated with the site. It is anticipated that no
additional studies are necessary.
Migitty Lane
Migitty Lane is a 60' R-O-W with a 2-lane dirt road section. No access is proposed
to Migitty Lane; however, in the event that Migitty Lane is used for access to the
development, it shall be designed and built to the Town's Local Street standard as
per the Town of Marana Subdivision Street Standards Manual. The roadway shall
have sidewalk on the east side of the roadway and be built to a point just south of
any proposed access point or lot property line.
Camino De Oeste
Camino De Oeste to the north of Tangerine Road is a 2-lane street with a 150' right-
of-way. South of Tangerine Road, Camino De Oeste is a dirt road with a planned 150'
right-of-way starting south of Camino De Manana. It shall be designed and built to the
Town's Local Street standards as per the Town of Marana Subdivision Street
Standards Manual. Camino De Oeste will require sidewalk on the west side only and
will need to be built to a point just south of the proposed entrance.
Development Capability Report II-33
Regular Council Meeting - September 3, 2013 - Page 109 of 178
Casa Sevilla Specific Plan
Exhibit 11.1.1: Traffic
Regular Council Meeting - September 3, 2013 - Page 110 of 178
Development Capability Report II-34
Casa Sevilla Specific Plan
2. Existing Access and Rights-of-Way
A roadway inventory was conducted to obtain the following information:
■ Existing and Proposed Right-of-Way;
■ Whether or not said widths conform to minimum requirements;
■ Ownership;
■ Whether or not rights-of-way jog or are continuous;
■ Number of travel lanes and theoretical capacity and design speed for existing
roads;
■ Present average daily traffic for existing streets; and
■ Based on a preliminary visual assessment, a description of the surface
conditions of existing roadways providing access to the site:
Table 11.1.2: Roadway Inventory
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�� `` __._...: >;;; ,� . cx..:, c:..."s�� , i �\\y?.?� �.�..�� `..�C1�3i�� i��rk��
Major Routes Minor Minor Major Minor
Class�cation �erial Arterial Collector Collector �e�ial Collector Collector
Existing R.O.W. 250 150 60 60-150 150 150 60
Feet
Future R.O_W. 350-400 150 60 150 150 150 60
Feet
Current Number
of Lanes 2(4-6) 2 2 2 4 4 2
ro sed
S eed Limit 50 30-45 35 35 45 40 25
Ownershi Marana Marana Marana Marana Marana Marana Marana
14,600 9,000 1,000 10,000
ADT {Source, �EPS, (PAG, (PAG, Not Not {PAG Not
Year) 2013 2010 2010 Available Avaitable 2010 Available
Capacity
(Florida Dept. of 15,600 15,600 15,600 15,600 32,900 32,900 15,600
Transportation,
2002
Conforms to
Width No Yes Yes No Yes Yes Yes
Standards
Surface paved Paved Paved Paved/Dirt Paved Paved Dirt
Conditions
Source: Pima Association of Govemments (PAG), Town of Marana General Plan, and Site Visit — 3.11.13
Development Capability Report II-35
Regular Council Meeting - September 3, 2013 - Page 111 of 178
Casa Sevilla Specific Plan
3. Roadway improvements
There are four projects listed in the adopted 2040 Pima Association of Governments
Regional Transportation Plan (PAG RTP) within the project area. One project is for
improvements to Camino De Manana, which has recently been completed, while the
remaining three are for the Tangerine Road Corridor. These projects are:
+ Camino De Manana/Dove Mountain Extension - Interstate 10 to Tangerine
Road, Widen roadway to 4-lanes , add bike lanes and drainage, Early
Timeframe {2010-2020), Marana, $26,480,000 - COMPLETED
• SR 989: Tangerine Parkway #1 - Interstate 10 to Dove Mountain Boulevard,
Add frontage roads and Grade Separated Intersections, Early Tirneframe
(2010-2020), Marana, $18,812,000
• SR 989: Tangerine Parkway #2 - Dove Mountain Boulevard to Thornydale
Road, Add frontage roads and Grade Separated Intersections, Middle
Timeframe (2020-2030), Marana, $14,300,000
• SR: 989: Tangerine Road - Interstate 10 to La Canada Drive, Widen to 4-lane
roadway, bike lanes and drainage, Early Timeframe (2010-2020), Multiple
Sponsors, $74,215,000
4. Existing and Proposed Intersections on Arterials within One Mile and
Most Likely to be Used by Traffic from this Site
Tangerine Road at Camino De Oeste will be used by vehicles generated by the
project. From there, traffic is expected to be distributed 50% west along Tangerine
Road and 50% east along Tangerine Road.
5. Existing Bicycle and Pedestrian Ways Adjacent to the Site and Their
Connections with Arterial Streets, Parks and Schools
Four of the project area roads that are within one mile of the project site are
designated on the Tucson Bike Map as bike routes. Tangerine Road has a bike route
with a striped shoulder and connects to bike routes on Dove Mountain Boulevard,
Twin Peaks Road, Camino De Manana and Thornydale Road. There are no
sidewalks adjacent to the project area.
Development Capability Report II-36
Regular Council Meeting - September 3, 2013 - Page 112 of 178
Casa Sevilla Specific Plan
J. Recreation and Trails
1. Open Space, Recreation Facilities, Parks and Trails
As shown in Exhibit II.J.9, there is one park, Dove Mountain Neighborhood Park,
within one mile of the project site. The Tortolita State Land Reform Addition is a
proposal to set aside 12,470 additional acres of park land between the Tortolita
Mountains and the Central Arizona Project (CAP), west of the project area.
According to the Town of Marana's Comprehensive Parks, Trails and Open Space
Master Plan, there is one existing trail, Villages Walking Path, within one mile of the
project site and a completed portion of a greenway along Tangerine Road west of
Dove Mountain Boulevard. There are finro proposed greenway trails along Camino De
Manana and Tangerine Road east of Dove Mountain Boulevard. Additional
unpaved trails are planned for Thornydale Road, Potvin Lane, and Twin Peaks
Road as well as the Preserve Walking Path which traverses through the Preserve
at Dove Mountain residential subdivision. Both the Villages Walking Path and
Preserve Walking Path, located northwest of the site, are unpaved trails.
Development CapabiGty Report II-37
Regular Council Meeting - September 3, 2013 - Page 113 of 178
Casa Sevilla Specific Plan
Exhibit II.J.1: Recreation and Schoois
Regular Council Meeting - September 3, 2013 - Page 114 of 178
Development Capabiliry Report 11-38
Casa Sevilla Specific Plan
K. Cultural Resources
1. Location of Resources On-Site
On August 3, 2003, SWCA, Inc., Environmental Consultants conducted a Class III
archaeological survey of approximately 23.5-acres of privately held land southwest of
the intersection of Tangerine Road and Camino De Oeste, west of Interstate 10. This
work was completed under contract with T-K Engineering & Design Group, Inc. The
survey was conducted in compliance with the Town of Marana's regulations
conceming cultural resources to determine whether any historical properties exist tha#
may be adversely affected by the proposed residential development of the parcel.
The archaeological survey of the property resulted in the finding of one archaeological
site AZAA 12:931 (ASM) and one isolated occurrence. The archaeological site is a
light scatter of Hohokam artifacts (plain ware sherds and flaked stone) that likely
represents a briefly used resource procurement locale. No evidence for resource
processing (e.g. thermal features, fire-cracked rock, ground stone) was noted. The
site is located on an eroded Pleistocene-age piedmont surface where the potential for
intact subsurface cultural deposits is very low. Additional archaeological investigation
of the site is not likely to produce information meaningful to our understanding of the
Hohokam occupation of the region.
SWCA recommends no additional archaeological investigations prior to the issuance
of a grading permit and the development of the parcel. Although the proposed
undertaking is non-federal, SWCA, nevertheless, recommends that the proposed
development of the property should result in no effect on historic properties listed on
or eligible for the National Register of Historic Places.
Development Capability Report II-39
Regular Council Meeting - September 3, 2013 - Page 115 of 178
Casa Sevilla Specific Plan
L. Existing Infrastructure and Public Facilities
1. Sewer
The project site is tributary to the Ina Road Wastewater Reclamation Facility. A 15"
gravity main sewer line, G-89-76, connects to the project site from the east along
Camino De Oeste.
A Sewer Service Agreement will be needed prior to development, see Exhibit
ll.L.1.a: Existing Sewer Facilities and Exhibit L.1.b: Wastewater Capacity
Response.
2. Fire Service
The entire project site is currently outside of all fire districts. The Northwest Fire
District serves immediately adjacent areas to the east, west and north of the site. In
order to adhere to the Town of Marana's 2010 General Plan, the project area will be
annexed into the Northwest Fire District.
As depicted in Exhibit II.L.2: Fire Seruice, the nearest fire station (Northwest Fire
District Station #339) is located at 12095 N. Thomydale Road, less than a mile east
of the project site.
Development Capability Report II-40
Regular Council Meeting - September 3, 2013 - Page 116 of 178
Casa Sevilla Spec�c Plan
Regular Councii Meeting - September 3, 2013 - Page 117 of 178
Development Capability Report II-41
Casa Sevilla Specific Plan
Fachibit II.L.1.b: Wastewater Capacity Response
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Development Capability Report II-42
Regular Council Meeting - September 3, 2073 - Page 118 of 178
Casa Sevilia Specific Plan
Exhibit II.L.2: Fire Service
Regular Councii Meeting - September 3, 2013 - Page 119 of 178
Development Capability Report II-43
Casa Sevilla Specific Plan
3. Water
The project site is located outside the Town of Marana Water Department Water
Service Area. In accordance with the Town of Marana's General Plan, the Town
has entered into an Intergovernmental Agreement with Tucson Water to allow the
property to receive water service from Tucson Water. Please see the Town of
Marana's Letter-of-Consent for Tucson Water to provide water service to the Casa
Sevilla property, Exhibit II.L.3.a: Water and Exhibit ll.L.3.b: Water Service Letter.
As shown on Exhibit ll.B.2 Existing Land Uses, there are no wells located on the site
or within 100-feet of the site.
4. Schools
There are no schools located within one mile of the project site. See Exhibit lI.J.1:
Recreation and Schools. The nearest school, Casas Christian School, is a K-8 private
Christian charter school approximately 3.1 miles southeast of the site at 10801 North
La Cholla Boulevard. The nearest public schools in the Marana Un�ed School
District are Mountain View High School, approximately 3.15 miles south-southeast of
the site at 3901 West Linda Vista Boulevard, Ironwood Elementary School,
approximately 3.5 miles southeast of the site at 3300 West Freer Drive, DeGrazia
Elementary School, approximately 3.5 miles south-southwest of the site at 5051 West
C}ver#on Road and Tortolita Middle SchooE, approximately 4.1 miles south af the site at
4101 West Hardy Road.
Table II.L.4: School Capacities � Enrollments
School School Current Enrollment
Capacity (2012-2013)
Mountain View High School 1900-2200 1760
Tortolita Middle School 110Q 960
Ironwood Elementary School 1100 740
DeGrazia Elementary School 1100 550
�
Developmen# Capability Report II-44
Regular Council Meeting - September 3, 2013 - Page 120 of 178
Casa Sevilla Specific Plan
5. Private Utilities
Electricity, natural gas, telecommunications and cable services will be extended to the
project site at the time of development through agreements with individual utility
companies. The following utility companies currently serve this area:
Electricity: Trico Electric Cooperative
Natural Gas: Southwest Gas Corporation
Telephone: Century Link
Cable: Comcast
Development Capability Report II-45
Regular Council Meeting - September 3, 2013 - Page 121 of 178
Casa Sevilia Specific Plan
Exhibit II.L.3.a: Water
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Development Capability Report 11-46
Regular Council Meeting - September 3, 2013 - Page 122 of 178
Casa Sevilla Specific Plan
Exhibit II.L.3.b: Water Service Letter
Development Capability Report II-47
Regular Council Meeting - September 3, 2013 - Page 123 of 178
Casa Sevilla Specific Plan
M. McHarg Composite Map
Information regarding topography, hydrology, vegetation, wildlife and views has been
combined to form the McHarg Composite Map, displayed as Exhibit II.M.1. The purpose of
the McHarg Composite Map is to highlight areas that are available for development. Refer to
Section III Development Plan for more information on how the site plan responds to the site's
physical constraints.
Development Capability Report II-48
Regular Council Meeting - September 3, 2013 - Page 124 of 178
Casa Sevilla Specific Plan
Exhibit II.M.1: McHarg Composite Map
Development Capability Report i1-49
Regular Council Meeting - September 3, 2013 - Page 125 of 178
Regular Council Meeting - September 3, 2013 - Rage 126 of 178
Casa Sevilla Specific Plan
A. Purpose and Intent
The Casa Sevilla Specific Plan establishes the framework for the development of a 34.65-
acre residential community within the Town of Marana, Pima County, Arizona. The Specific
Plan provides a method for applying standards and guidance to ensure that this development
meets the needs of the community while appropriately responding to and considering adopted
plans, adjacent development, the environment and site-specific conditions.
This Development Plan responds to the site analysis, technical research, and community
values through the use of regulations or controls to resolve any potential development-related
issues. Once approved, the Specific Plan describes the planning considerations for parcels,
imposes controls on the development of such parcels and is detailed accordingly in the final
plat. The boundaries of this Specific Plan are shown on Exhibit l/I.D. 9.
B. Relationship to Adopted Plans
1. Marana General Plan
The proposed Specific Plan will conform to the Town of Marana General Plan and the
recommendations set forth by regulatory agencies involved in permitting.
Casa Sevilla is located within the Planning Area boundary of the Town's General
Plan. Designed to help meet the current and future needs of the Town, the Spec�c
Plan establishes goals and polices that are in line with the Town's General Plan and
Strategic Plan.
The Casa Sevilla Specific Plan is in agreement with the overall General Plan,
including the following highlighted goals, policies and actions:
General Plan Goal, Land Use and Growth Element: Adopt sustainable
development as a unifying goal to secure Marana's future
Marana's quality of life must be sustained for many generations to come. This can be
accomplished through the preservation of open space and natural resources that
provide valuable scenic and recreationat amenities to residents in the community.
Often this means protecting native plant species, especially in areas of denser riparian
habitat. Safeguarding the community's natural resources also plays a vital role in
minimizing urban heat island effect and promoting water conservation and land
stewardship.
General Plan Policy: Preserve and protect our natural resources in order to promote
a sustainable community. -
General Plan Action: Preserve the Sonoran Desert character by evaluating
appropriate site disturbance standards and preserving native plants.
General Plan Action: Provide opportunities for both onsite and offsite riparian
habitat restoration.
_ Development Plan III-2
Regular Council Meeting - September 3, 2013 - Page 727 of 178
Casa Sevilla Specific Pian
Specific Plan Conformance: The Casa Sevilla Specific Plan leaves a considerable
amount of the site undisturbed, preserving nearly 35% of the native vegetation on-site
as NUOS and minimizing the impact on washes, resulting in 43% total open space.
Development of the property will occur in between major washes, avoiding the
primary wash corridor across the southeast corner, and impacting the other washes
by only one road crossing.
General Plan Goal, Land Use and Growth Element: Provide opportunities for
diverse developments that maximize the benefits to the community
The provision of a range of housing types and affordability is necessary to create a
thriving community that can accommodate residents of any socio-economic class. By
providing housing for residents of all income levels, land uses such as industrial,
commercial and office space are complemented with a variety of skilled workers; thus,
attracting future development and employment opportunities along the Tangerine
Corridor.
General Plan Policy: Promote new development that is compatible with existing land
uses.
General Plan Action: Establish appropriate land development designations with
densities and intensities that complement existing natural conditions and residential
areas.
General Plan Action: Develop guidelines for enhancing new development and
mitigating potential impacts on existing neighborhoods.
General Plan Policy: Provide opportunities for a variety of housing types and
economic levels.
General Plan Action: Designate a wide range of residential development densities
from low density rural to multifamily urban.
Specific Plan Conformance: Casa Sevilla is located within the Rlanning Area
Boundary of the Town of Marana's 2010 General Plan in the Northeast Growth
Area and is listed as a Master Planning Area. It is positioned west of single family
residences in Sky Ranch, and directly south of new, currently under construction,
two-story multifamily dwellings in the Encantada at Dove Mountain. According to
the 2010 General Plan there is Rural Density Residential planned northeast of the
site and Low Density Residential expected to the south and west along Migitty
Lane. Casa Sevilla will feature high-quality design and development that is
compatible with what exists in the area.
General Plan Goal, Open Space and Trails Element: Protect and preserve
natural open space.
The vast array of wildlife species that persist along the Tortolita Fan of the Sonoran
Desert help to create the unique desert landscape so beloved by those in the Town of
Marana. Maintaining critical wildlife habitat and linkages for species movement is an
Development Plan III-3
Regular Council Meeting - September 3, 2013 - Page 128 of 178
Casa Sevilla Specific Plan
important part of their persistence in the future, especially considering that each
species has its own unique habitat requirements, migration patterns and range.
General Plan Policy: Develop a connected system of natural open space preserves
that protect wildlife habitat, wildlife linkages, and cultural resources.
General Plan Action: Preserve, protect, or conserve areas of high-value habitat and
wildlife movement linkages as identified in the Marana Draft Habitat Conservation
Plan (HCP) and the Marana Parks, Recreation, Trails, and Open Space Master
Plan.
General Plan Action: Preserve Natural Undisturbed Open Space (NUOS) to
maintain wildlife access and movement within and through development sites that
are subject to discretionary land use actions, as described in the Draft HCP.
General Plan Action: Preserve and protect existing natural drainage systems as
identified in the Marana Draft HCP riparian map.
General Plan Policy: Create protected continuous open space linkages and viable
wildlife corridors throughout the community.
General Plan Action: Protect the viability of wildlife corridors mapped in the Draft
HCP, using innovative site planning and design.
Specific Plan Conformance: Casa Sevilla is a residentiaf cluster design with
development concentrated primarily in the center of the property in order to protect
wildli#e corridors on each side; specifically, an important wildlife corridor that enters
the site along the eastem boundary and is ident�ed in the Town of Marana's
Habitat Conservation Plan. Large concentrations of natural vegetation, as well as
several other drainageways, are being preserved on-site. The totat amount of
natural undisturbed open space in Casa Sevilla is 35%. Once revegetation occurs
on areas disturbed for utilities and infrastructure, the total open space designation
is approximately 43% of the site.
C. Compatibility with Adjoining Development and Location
Restrictions
1. Adjoining Development Compatibility
As explained in the site analysis, the site for the Casa Sevilla is on vacant land. There
is single- and multi-family residential development to the north of the property (Dove
Mountain Specific Plan, one- and two-story) and also to the east (Sky Ranch, one-
and finro-story). Directly north of Casa Sevilla is the Encantada at Dove Mountain, a
272-unit two-story luxury apartment complex, currently under construction. Although
the land to the south and west of Casa Sevilla is currently vacant, two more residential
subdivision plats have been approved.
. Development Plan III-4
Regular Council Meeting - September 3, 2013 - Page 129 of 178
Casa Seviila Specific Pian
D. Land Use Concept Plan
The Casa Sevilla Specific allows up to a maximum of 64 lots. Lots will accommodate both
single- and finro-story homes. To illustrate the preferred site plan for the site, a land use
concept plan has been included in the Specific Plan which responds to site-specific conditions
and environmental constraints as identified in the site analysis. As shown on Exhibit IILD.9:
Land Use Concept Plan, this illustrative plan consists of 48 single family residential units with
a density of approximately 1.38 designated units per acre. The plan is intended to show the
overall concept for the site in order to provide direction for traffic and civil engineering
studies. It is not to be considered an actual proposed subdivision plat.
The proposed development of Casa Sevilla includes 35% of the site as natural undisturbed
open space and 43% as total open space. This development has been designed such that
the washes running through the site will be avoided, thus preserving the densest and most
diverse pockets of native vegetation. Native plant species left intact will serve as prime
habitat for Sonoran Desert fauna, providing visual amenity to residents in Casa Sevilla. Many
lots will have their backyards facing natural desert open space.
The community will be accessed from Camino De Oeste; however a secondary gated
emergency access point directly onto Tangerine Road will be located near the middle of the
northern property boundary. Since Casa Sevilla is located along a major arterial, Tangerine
Road, existing residents to the south and those in the Sky Ranch development will not be
affected. Furthermore, by driving towards Tangerine Road, away from existing residences,
Casa Sevilla residents wilt have direct access to Interstate 10 (west) and other north-south
major arterials, providing a range of altemate routes for shopping, work, and leisure activities.
Homes in the Casa Sevilla will be designed with features that can lower utility use and save
�esidents money. Houses will be up to 30 percent more energy efficient than the average
existing home. In order to improve home energy efficiency, new homes will be designed with
features, construction techniques and materials to help reduce energy usage. Some
examples include: the installation of high-efficiency HVAC systems, programmable
thermostats, compact fluorescent lights, and home care guides. Features listed above may
be included witM the home, may be an option that is available for an additional cost, or may
not be available on all homes. However, all homes will be built to exceed current energy
efficiency requirements in the Town code.
Developmen# Plan III-5
Regular Council Meeting - September 3, 2013 - Page 130 of 178
Casa Sevilla Specific Plan
Exhibit III.D.1: Land Use Concept Plan
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Regular Council Meeting - Seplember 3, 2013 • Page 137 of 778
Development Pian III-6
Casa Seviila Specific Plan
E. Circulation Plan
Ingress/egress will be provided via a main location at Camino De Oeste, south of the
Tangerine Road alignment. A secondary gated emergency access will be provided directly
onto Tangerine Road. Interstate 10 is approximately 6 miles west of the site. East/west
movements can be made by utilizing Tangerine Road and north/south movements can be
made by utilizing Camino de Manana, Camino de Oeste (north) and Thomydale Road.
Camino de Oeste shall be designed and built to the Town's Local Street standards as per the
Town of Marana Subdivision Street Standards Manual with sidewalk on the west side only
and built to a point just south of the proposed entrance. No access is proposed to Miggity
Lane; however, in the event that Migitty Lane is used for access to the development, it shall
be designed and built to the Town's Local Street standard as per the Town of Marana
Subdivision S#reet Standards Manual. The roadway shall have sidewalk on the east side of
the roadway and be built to a point just south of any proposed access point.
A 75-foot right-of-way dedication will be set aside along the northern boundary for
Tangerine Road as per Town of Marana requirements. The internal street section shown
on Exhibif /II.D.1: Land Use Concept Plan is considered a public street and will be
maintained by the Town of Marana. The total width is 46 feet with two 16-foot travel lanes,
2-foot rolled curbs, 5-foot sidewalks and 10-foot public utility, roadway maintenance and
signage easement on each side of the public roadway.
A Traffic Impact Study (TIS) prepared by EPS Group, Inc. is intended to support the land-
use proposal for this rezoning project. The study addresses the potential tra�c impacts
associated with the proposed Casa Sevilla. Any roadway improvements required by the
Town based on the findings of the Traffic Impact Study (as approved by the Town) will be
the responsibility of the developer. In the event a future plan shows more than 48 lots, a
revised TIS may be required.
In accordance with the findings and recommendations in the TIS submitted for this project,
the developer will be responsible for the design and construction of:
• A westbound left-turn lane on Tangerine Road at Camino De Oeste. The left-turn
lane shall be designed and built to Pima County standards.
• The northbound approach of Camino De Oeste to Tangerine Road will require an
exclusive left-turn lane and a shared through/right-turn lane.
In addition, to the above, vegetation growing along the Tangerine Road right-of-way at
Migitty Lane and Camino De Oeste will need to be cut back to provide adequate sight
distance based on the 50 MPH posted speed limit on Tangerine Road.
Development Pian III-7
Regular Council Meeting - September 3, 2073 - Page 132 of 178
Casa Sevilla Specific Pian
F. Grading Element
Grading will take place on selected areas of the site. Approximately 35% of the site will be left
in its natural state, and disturbance will occur on approximately 65% of the site. Once
revegetation and landscaping is completed, approximately 43% of the site will be natural
open space. The location of the Natural Undisturbed Open Space (NUOS), depicted on
Exhibit IILD.?: Land Use Concept Plan illustrates that on-site washes and natural vegetation
will be preserved. The exact locations of open space and developed areas may be modified
slightly as the plan develops; however, the open space requirement will remain at 43 percent
and NUOS at 35%; sensitive areas of the site, such as the wash areas and higher density
vegetation will remain undisturbed. The overall allowable grading and related disturbance
includes intemal roadways and their right-of-way, building pads, driveways, accessory
structures, utility crossings of natural washes, emergency access and other areas needed for
infrastructure and utilities. Barriers such as temporary silt fencing will be provided for
machinery in order to ensure that the grading iimits will not be exceeded. In addition, the
grading will be done in conformance with the Land Use Concept Plan and the Development
Regulations of Casa Sevilla. In accordance with Title 25 of the Town of Marana Land
Development Code, a Stormwater Pollution Prevention Plan (SWPPP) and Notice of Intent
(NOI) to ADEQ for coverage under the Arizona Pollution Discharge Elimination System
(AZPDES) Construction General Permit is required to be submitted to the Town for review
and acceptance prior to commencement of grading activities.
Table III.F: Site Grading Information
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Open Space (OS) 14.90 43
• NUOS • 12.12 • 35
• NOS • 2.78 • 8
Lots 10.55 30 4
Public Right-of-Way 2.95 8.5
75-Foot Right-of-Way Dedication 2.15 6.2
Disturbed Common Area 4.24 12.2
Development Plan III-8
Regular Council Meeting - September 3, 2013 - Page 933 of 178
Casa Sevilla Specific Plan
G. Post Development Hydrology
The following hydrology information is based on the site being developed into a 48-lot single
family residential development. The primary disturbance for the site will be befinreen Wash A
and Wash C with no encroachment into these washes except for bank protection to eliminate
the erosion hazard setback from the proposed Iots. Wash B is proposed to be re-aligned into
a concrete lined channel. The site is broken into 12 developed watersheds:
1.1 ON1D
ON1 D is the same watershed as ON1 E. There is no alteration proposed for this area. It is
located on the west side of the parcel. The nature of this watershed is sheetflow that
discharges to the Migitty �ane Right of way at CP4. This watershed is 1.3 acres in size.
The area is currently natural open desert. The mean slope of the watershed is 3.5% and it
consists of 53% C, and 47% D soils. Total Q100 at CP4 is 8.8 cfs. Watershed delineation
is shown on the developed watershed exhibit
1.2 ON2D
ON2D is the remaining portion of watershed ON2E and encompasses Wash A. Most of
this area remains undisturbed, but also includes Lots 19-26 and half of lot 27. The area
passes OFF1 through Wash A. It is located on the west side of the parcel and discharges
at CPS. This watershed is 10.3 acres in size. The area is currently natural open desert.
The mean slope of the watershed is 3.1 % and it consists of 53% C, and 47% D soils. Total
Q100 at CP5 is 72 cfs. Watershed delineation is shown on the developed watershed
exhibit.
1.3 ON3D
ON3D encompasses �ots 14-18 and three quarters of Placita Casa de Amor. This area
concentrates at a depressed curb (DP1) dishcarging into Wash A. This watershed is 2.5
acres in size. The area will be highly urbanized. The mean slope of the watershed is 2.4%
and it consists of 53% C, and 47% D soils. Total Q100 at SC1 is 22 cfs. Watershed
delineation is shown on the developed watershed exhibit.
1.4 ON 4D
ON4D encompasses Lots 1-13 and the re-aligned Wash B. The lots in this area are rear-
draining and discharge to the realigned wash that discharges under Placita Casa de Amor.
This watershed is 4.6 acres in size. The area will be highly urbanized. The mean slope of
the watershed is 4.84% and it consists of 53% C, and 47% D soils. Total Q100 is 41 cfs.
Watershed delineation is shown on the developed watershed exhibit
1.5 ON 5D
ON5D encompasses the fronts of lots 1-8 and 35-41 as well as Placita Casa Sevilla. This
area drains to a set of Neenah grates and into a common area adjacent to lot 19. This
Development Plan I11-9
Regular Council Meeting - September 3, 2013 - Page 134 of 178
Casa Sevilla Specific Plan
watershed is 1.6 acres in size. The area will be highly urbanized. The mean slope of the
watershed is 2.8% and it consists of 53% C, and 47% D soils. Total Q100 is 16 cfs.
Watershed delineation is shown on the developed watershed exhibit
1.6 ON 6D
ON6D encompasses Lots 35, 36 and half of 37. The lots in this area are rear-draining and
discharge to a common area adjacent to lot 44 which drains into Placita Casa De
Esperanza via scupper 1(SC1). This watershed then drains to ON7D. This watershed is .5
acres in size. The area will be highly urbanized. The mean slope of the watershed is 3.0%
and it consists of 53% C, and 47% D soils. Total Q100 is 4.8 cfs. Watershed delineation is
shown on the developed watershed exhibit
1.7 ON 7D
ON7D encompasses Lots 47, 48 and a portion of Placita Casa de Esperanza. The lots in
this area are forward-draining and the watershed concentrates at scupper 2(SC2) that
discharges to channel 3 which aceepts flows from channel 2. This watershed is 1.2 acres
in size. The area will be highly urbanized. The mean slope of the watershed is 1.4% and it
consists of 53% C, and 47% D soils. Total Q100 is 10 cfs. Watershed delineation is shown
on the developed watershed exhibit
1.8 ON 8D
ON8D encompasses Lots 28-34, and a portion of Placita Casa de Sevilla. The lots in this
area are forward-draining and the watershed concentrates at scupper 3(SC5) which
discharges to Wash A via channel 4. This watershed is 2.5 acres in size. The area will be
highly urbanized. The mean slope of the watershed is 1.0% and it consists of 53% C, and
47% D soils. Total Q100 is 22 cfs. Watershed delineation is shown on the developed
watershed exhibit
1.9 ON 9D
ON9D encompasses Lot 42, 43 and the remainder of ON3E. This area accepts OFF3 and
passes it through Wash C. The lots in this area are rear-draining and the watershed
concentrates at CP7. This watershed is 6.4 acres in size. Except for tots 42, and 43 the
watershed will remain as natural desert. The mean slope of the watershed is 4.1% and it
consists of 53% C, and 47% D soils. Total Q100 is 45 cfs. Watershed delineation is shown
on the developed watershed exhibit
1.10 ON 10D
ON10D is the same watershed as ON5E and is located on the southeast side of the parcel.
The nature of this watershed is sheetflow that discharges to the south property line at CP8.
This area will be disturbed by the outfall sewer line for the subdivision. This watershed is
2.5 acres in size. The area is currently natural open desert. The mean slope of the
Development Plan III-10
Regular Council Meeting - September 3, 2013 - Page 135 of 178
Casa Sevilla Specific Plan
watershed is 3.7% and it consists of 53% C, and 47% D soils. Total Q100 at CP4 is 17 cfs.
Watershed delineation is shown on the existing watershed exhibit
1.14 ON11D
ON11D is the remaining portion of ON4E. This watershed includes half of lot 27 and the
slopes adjacent to lot 27 and 28 and discharges to CP6. The nature of this watershed is
highly urbanized. This watershed is .3 acres in size. The mean slope of the watershed is
2.7% and it consists of 53% C, and 47% D soils. Total Q100 at CP4 is 2.7 cfs. Watershed
delineation is shown on the existing watershed exhibit
1.12 ON12D
ON12D encompasses Lots 38-41 and half of lot 37. The lots in this area are rear-draining
and the watershed concentrates in channel 2(CH2) that discharges to Wash C. This
watershed is 1.1 acres in size. The area will be highly urbanized. The mean slope of the
watershed is 1.7% and it consists of 53% C, and 47% D soils. Total Q100 is 9.4 cfs.
Watershed delineation is shown on the developed watershed exhibit
Developed Watershed Summary
Watershed Area (ac} TC (min) 100 Year Q Conc.
(cfs) Pt
ON1 D 1.3 5 8.8 CP4
ON2D 10.3 5 72 CP5
ON3D 2.5 5 22 DP1
ON4D 4.6 5 41 CL1
ONSD 1.6 5 16 CB1
ON6D .5 5 4.8 SC1
ON7D 1.2 5 10 SC2/CH3
ON8D 2.5 5 22 SC3/CH4
ON9D 6.4 5 45 CP7
ON10D 2.5 5 17 CP8
ON11 D .3 5 2.7 CP6
ON12D 1.1 5 9.4 CH2
Development Plan III-11
Regular Council Meeting - September 3, 2013 - Page 136 of 178
Casa Sevilla Specific Pian
Exhibit III.G.1: Post Development Hydrology
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❑N1D 1.3
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❑N3D 2,5
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CP1 573 CFS CP5
CP2 103 CF� CP6
CP3 583 CFS CP7
CP4 8,8 GFS CP8
Q100
8,8 CFS
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22 CF�
41 CF5
16 CFS
4,8 CFS
10 CFS
22 CFS
45 CFS
17 CFS
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100
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Development Plan Iil-72
Regular Couocil Maeting - Seplember 3, 2013 - Page 137 of 778 � � �
Casa Sevilla Specific Plan
H. Environmental Resources
1. Waters of the United States
The applicant is currently preparing a request to the U.S. Army Corps of Engineers
(Corps) for a preliminary jurisdictional determination (PJD) under Regulatory
Guidance Letter (RGL) 08-02, in which the Corps determines only which features
have the potential to be waters of the U.S. (Waters), and does determine the
jurisdictional status of those features.
2. Federally Endangered Species and Other Special Species
There are no federally endangered species or other special species present on the
project site.
3. Phase 1 Environmental Study
Aplomado Environmental, �.L.C. completed a Phase 1 Environmental Site
Assessment (ESA) of the subject property in 2013 in conformance with the scope and
limitations of the ASTM E 1527-05. Based on the scope of activities conducted in
association with the Phase 1 ESA, Aplomado identified no rec�gnized environmental
condition (RECs) at the subject property. See ESA submitted under separate cover.
4. Habitat Conservation Plan
The Town of Marana's Habitat Conservation Plan (HCP) maps endangered species
and outlines conservation and mitigation strategies. The overall objectives of the HCP
include:
• Facilitating compliance with the Endangered Species Act for planned urban
development and capital improvement projects;
• Promoting achievement of regional economic objectives including the orderly
and efficient development of certain lands, while recognizing property rights and
legal and physical land use constraints; and
• Complementing other regional conservation planning efforts such as Pima
County's Sonoran Desert Conservation Plan and the City of Tucson's HCP
project.
A draft of the HCP became available for public review in 2009. It is currently under
revision, and we are not aware of an expected date for finalizatian of the HCP.
However, the Town of Marana is currently implementing portions of the plan.
Development Plan I11-13
Regular Council Meeting - September 3, 2013 - Page 138 of 178
Casa Sevilla Specific Pian
5. Wiidlife Corridor
The search of the AGFD HDMS identified the presence of the Tucson — Tortolita —
Santa Catalina Mountains Link as a wildlife corridor within 3 miles of the property. This
link is depicted by Beier et al. (2006) 5 as covering broad areas, without specific paths
through the areas defined. Marana's draft Habitat Conservation Plan (2009) has
defined a wildlife corridor along the wash crossing the southeastern portion of the
property.
I. Landscape & Buffering
The overall landscape theme will reflect the best attributes of the Sonoran Desert and the
site's surrounding environment. Native and desert-adapted plant material as well as
regionally appropriate hardscape materials will be used within the landscape buffers and
common areas. Over 35 percent of the site will be preserved as undisturbed natural desert,
and the total open space for the project will be approximately 43%. Buffers and common
areas will reflect the plant palette and appearance of the native desert that dominates the site.
The conservation of water will be an important priority with the landscape design.
Underground drip irrigation will serve the low water use plants within the selected common
areas. Some common and buffer areas will utilize native plants requiring no additional
irrigation and meet their water needs through rain water harvesting.
Screening will be accomplished through 6' masonry walls, new low water use vegetation and
existing native vegetation that will remain on the site. Homes backing up to natural areas will
have the option of installing view fences along the rear of the lot. Landscape buffers will
consist of natural undisturbed desert, natural desert enhanced with new low water use plants,
or new native plant with rain water harvesting.
Please see Exhibit 111.1.1: Landscape.
5 Beier, P., E. Gardirx,�, and D. Majka. 2006. Arizona Missing Linkages: Tucson — Tortolita — Santa Catalina Mountains Linkage Design.
Report to Arizona Game and Fish Departmerrt. School of Forestry, Northem Arizona University.
Development Plan I11-14
Regular Council Meeting - September 3, 2013 - Page 139 of 178
Casa Seviila Specific Plan
1. Native Plant Preservation
A Native Plant Preservation Plan (NPPP) shall be prepared in accordance with the
provisions set forth in the Town of Marana Land Development Code. Since 35
percent of the site will be preserved as Natural Undisturbed Open Space (NUOS), the
Set Aside Methodology will likely be used for the NPPP. The site layout has been
designed with concern for the site's topography, hydrology, and the wash running
through the site.
J. Cultural Resources
On August 3, 2003, SWCA, Inc., Environmental Consultants conducted an archaeological
survey of approximately 23.5 acres of the subject property. This work was completed under
contract with T-K Engineering & Design Group, Inc. who proposed to develop the parcel
under the 2005 Specific Plan. Prior to fieldwork, SWCA conducted a site field search of the
on-line AZSITE database for records of previously conducted cultural surveys and known
archaeological sites within or near the project area. The search revealed that the project area
had previously been surveyed in the early 1980's. No previously recorded sites were located
within the parcel. As a result of the 2005 survey, one previously unknown archaeological site
was recorded. AZAA 12:931 (ASM) is considered ineligible for the National Register of
Historic Places. One isolated occurrence was also found within the project area. SWCA
recommends no further archaeological work for the surveyed parcel.
O. Public Services
1. Police Service
The project site will utilize the Town of Marana's police service. The nearest Town of
Marana police station is the Town of Marana Police Headquarters located
approximately 8.8 miles northwest of the project site at 11555 West Civic Center
Drive.
2. Fire Service
The nearest fire station is Northwest Fire District Station #339, which is located at
12095 North Thornydale Road, approximately one mile east of the project site. As
mentioned in the site analysis, the entire project area is currently outside of all fire
districts. However, annexation into the Northwest Fire District is currently underway.
Development Plan III-15
Regular Council Meeting - September 3, 2013 - Page 140 of 178
Casa Sevilla Specific Plan
3. Schools
It is anticipated that this project will generate approximately 64 residential units if fully
developed at a maximum of 64 total uni#s. Casa Sevilla is located within the Marana
Unified School District (MUSD).
MUSD provided the following multipliers to use for student enrollment projections.
(MUSD multipliers do not distinguish between different housing products):
Elementary: 0.25 students per home (0.25 x 64) = 16 students
Junior High & High School: .0.10 students per home (0.10 x 64) = 7 students
The site will be served by Mountain View High School, Tortolita Middle School and
either ironwood Elementary School or DeGrazia Elementary School. In the future,
other school sites could serve the Casa Sevilla.
Per preliminary meetings with the MUSD, there are plans for a school site in the
Dove Mountain area and/or along the Tangerine Road Corridor. MUSD is also
considering the establishment of a district sponsored charter school to help serve
the need for quality schools in this growing area of town. There is adequate
existing school capacity within Ironwood Elementary School and the DeGrazia
Elementary School site. Additionally, there is capacity available within Tortolita
Middle School and Mountain View High School; therefore, no middle school or high
school sites are warranted within the site boundaries.
P. Utilities
1. Water
The water supply for the Casa Sevilla will be provided by Tucson Water which has
been designated by the State of Arizona Department of Water Resources as
having an assured water supply, therefore water supply is assured. A Water
Service agreement, Exhibit II.L.3.b: Water Service Letter, is required to establish
service to the property. Off-site improvements to connect to the existing system to
the north along Camino De Oeste, oversizing on mains to accommodate regional
requirements, well sites and storage tanks will need to be considered along with the
infrastructure to serve the proposed development.
2. Wastewater
The plan is to be served by public sewer. The project site is tributary to the Ina Road
Wastewater Reclamation Facility via the Canada del Oro Interceptor. The sewer
system for Casa Sevilla will parallel the existing 15-inch line, G-89-76, south in the
Camino De Oeste public right of way. The existing slope is at approximately 2-3%
and the proposed slope is 0.44%. The elevations for the sewer come together at
manhole #5213-41 where the proposed sewer will be connected.
Development Plan III-16
Regular Council Meeting - September 3, 2013 - Page 141 of 178
Casa Sevilla Specific Pian
Other options include utilizing a private sewer served by an on-site lift station. In this
case, the roadways would become private and maintained by the Homeowner's
Association.
3. Other Utilities
Trico Electric Cooperative (TEC) provides electricity to this area of Pima County. It is
anticipated that TEC will provide power to the site.
It is anticipated that Century Link will extend phone service to the site. Alternatively,
the site may use wireless communications that can be provided by any number of
senrice providers.
Natural gas service will not be required at the site. Should natural gas service be
required in the future, it is anticipated that service would be provided by Southwest
Gas.
4. Sanitation and Recycling Services
A number of private sanitation service providers may be contracted to serve the site
with comprehensive trash and waste removal, recycling and environmentally safe
waste managernent services.
Development Plan III-17
Regular Council Meeting - September 3, 2013 - Page 142 of 178
Regular Councii Meeting - September 3, 2013 - Page 143 ofi 178
Casa Sevilla Specific Plan
A. Purpose and Intent
These regulations will serve as the primary mechanism for the implementation of the Casa
Sevilla Specific Plan. The Casa Sevilla Specific Plan Development Regulations apply to the
development of buildings, landscape borders and performance criteria for all permitted uses
within the Specific Plan. The regulations contained within this section provide visual
mitigation st�ategies to ensure appropriate transitioning to surrounding development.
These development regulations apply to the 34.65 acres of land in the Casa Sevilla Spec�c
Plan. Land use designations within the Spec�ic Plan shall be as follows:
■ Residential Area ((RA) includes Disturbed Common Area)
■ Open Space (OS)
The development regulations will govem and provide regulatory zoning provisions for the land
use intensities and location criteria within the Casa Sevilla Specific Plan. This section
includes standards related to land use, building setbacks, height restrictions and lot coverage.
The intent of these standards is to establish clear minimum development regulations, allow for
the orderly progression of development, and to provide flexibility over time without
compromising the goals and objectives for this specific plan.
B. General Provisions
1. Applicable Codes
If an issue, situation, or condition arises that is not addressed by this Specific Plan,
the applicable portions of the Town of Marana Land Development Code that are in
place at the time of development shall apply.
All construction and development within the Specific Plan area shall comply with
applicable provisions of various codes and regulations adopted by the Town of
Marana including, but not limited to, mechanical codes, electrical codes, plumbing
codes, fire codes, and grading and excavation codes current at the time of
development.
2. Additional Uses
Whenever a use has not been specifically listed as being a permitted use in the
particular zone classification within the Specific Plan, it shall be the duty of the Town
Planning Director to determine if said use is consistent with the intent of the
designation and compatible with other listed permitted uses.
Development Regulations IV-2
Regular Council Meeting - September 3, 2013 - Page 144 of 178
Casa Sevilla Specific Plan
C. Development Standards
1. Land Use Standards
As shown on Exhibit IV.C.1: Land Use Designations, there are two land use
designations, Residential Area (includes Disturbed Common Area) and Open Space.
As the plan progresses into the subdivision platting phase, the exact locations of open
space and developed areas may be modified slightly; however, the minimum amount
of open space will remain at 43 percent and will include the sensitive areas of the site,
such as the wash areas containing higher densities of native vegetation. 35% of the
site shall be NUOS.
a. Residential Area Designation (RA)
Residential Area regulations shall apply to the Residential Area Designation
(total land outside of the Open Space (OS) Area). The lands within the
Residential areas may be developed with the following permitted uses.
Permitted Uses:
• Site Built Residential Dwelling Units
• Community Recreation Facilities
• Parking
• Utilities
• Emergency Access Drive
• Lift Station
• Trails
• Stormwater Basin
• Landscaping
� Utility Crossings
• Common Area
Accessory Uses:
Accessory buildings located on the same lot within the permitted dwelling,
provided that any permanent building or structure shall be harmonious with
the architectural style of the main building and further provided that all
residential uses are compatible with the residential character af the
neighborhood.
• Children's Playhouse
• Greenhouse
• Non-commercial hobby shops
• Patios and cabanas
• Swimming pools, spas and related structures
• Tool sheds
Project Accessory Uses
• Neighborhood park and community recreation uses, including tennis
courts, recreation building patio shelters and other community
facilities common to a homeowner association
• One temporary nursery
Development Regulations IV-3
Regular Council Meeting - September 3, 2013 - Page 145 of 178
Casa Sevilla Specific Plan
Development Standards — Residential
• Minimum Lot Area: 6,000 sf
• Minimum Lot Width: 50 feet
• Minimum Lot Depth: 100 feet
• Minimum Building Separation: 10 feet
• Setbacks
o Front yard: 20 feet from the back of sidewalk to face of garage;10 feet
for side entry garages and/or live-able and architectural components
o Side yard: 5 feet
o Street side yard: 10 feet
o Rear yard: 15 feet
• Maximum Building Height: 30 feet
• Maximum Lot Coverage: 70%
• Maximum Number of Lots: 64
b. Open Space Designafion (OS)
Open Space regulations shall apply to the Open Space Designation (total
land outside of the developed portion of the RA). The lands within the Open
Space areas shall be preserved as natural areas.
Environmental Standards
• The Open Space land use designation shall be preserved for habitat
mitigation.
• All disturbed areas will be landscaped and re-vegetated as Natural
Open Space (NOS).
• Natural Undisturbed Open Space (NUOS) Areas of vegetation
designated to be preserved shall be protected during grading and
construction activities by fencing and flagging.
• NUOS is to be maintained as undisturbed, with no landscaping,
trails or other amenities.
• NUOS will remain as such in perpetuity.
Maintenance
• A Homeowners Association regulated by CC&R's shall manage all
Open Space areas and undeveloped Residential Areas to ensure
continued preservation of these lands.
Development Standards — Open Space
• Total Open Space Required: 43 percent of site area
• Minimum NUOS: 35 percent of site area
• Maximum Disturbed Open Space: 8 percent of site area
Development Regulations IV-4
Regular Council Meeting - September 3, 2013 - Page 146 of 178
Casa Sevilla Specific Plan
Development Regulations IV-5
Regular Council Meeting - September 3, 2013 - Page 147 of 178
Casa Sevilla Specific Pian
2. Landscaping
Natural Undisturbed Open Space (NUOS) will cover 35 percent of the site. The
majority of the Landscape Buffers will be comprised of NUOS. Any areas to be
disturbed within the landscape buffers will be revegetated with native and low water
use plants. �andscape Buffers may not require supplemental irrigation based upon
the plant species installed within the disturbed areas. A 6' masonry wall or view fence
will be constructed on the sides and rear of each residential lot.
a. Landscape Buffers will be comprised of Natural Undisturbed Open Space
(NUOS) except where Natural Open Space (NOS) revegetation is required
within disturbed areas.
b. The average width of the Landscape Buffer shall be 30' along the east and
south sides of the property. The average width of the Landscape Buffer
shall be 20' along the west and north sides of the property. No portion of a
buffer shall be narrower than 10' in width. The site contains (4) landscape
buffers: north, south, east, and west
c. Any disturbed areas will be revegetated with native plants or desert adapted
plants. Disturbed areas shall be planted with (2) plants per 100 square feet.
Plants shall be a minimum of 5 gallons in size.
d. All walls and fences shall be painted, stained, or contain integral color
Uncolored gray block walls will not be permitted.
3. Landscape Standards
a. Minimum plant sizes shall be - trees: 15 gallon, shrubs & accents: 5
gallon, ground covers: 1 gallon.
b. Turf is prohibited in common areas.
c. All plants shall be drought tolerant and low water use.
d. Plants requiring irrigation shall be irrigated via an underground drip
irrigation system.
e. Any standard not mentioned within the specific plan will be subject to the
Town of Marana Land Development Code, Title 17.
Development Regulations IV-6
Regular Council Meeting - September 3, 2013 - Page 148 of 178
Casa Seviila Specific Plan
Development Regulations IV-7
Regular Council Meeting - September 3, 2013 - Page 149 of 178
Casa Sevilla Specific Plan
4. Parking Standards
The Casa Sevilla will provide at a minimum a two car garage and driveway parking.
Parking will also be accommodated along bath sides of the street in accordance the
Land Development Code, Title 22 Off-Street Parking.
5. Lighting
Lighting at the Casa Sevilla shall comply with the Town of Marana Outdoor Lighting
Code.
6. Signage
All signage will comply with Title 16 of the Town of Marana Land Development Code
and will be done under separate permit.
D. Single Family Residential Detached Housing Design Standards
The Residential Design Standards contained within the Town of Marana Land Development
Code for all single family residential lots measuring 16,000 square feet or smaller shall apply.
1. Individual Lot Landscaping
Per Town of Marana Land Development Code Requirements
E. Town of Marana Subdivision Requirements
1. Provision of Recreational Area
Per Town of Marana Land Development Code Requirements
F. Minimum Roadway Development Standards
1. Application
These minimum street standards are per Town of Marana street standards. All
internat roadways shall be public roadways, unless it is desired by the developer to
maintain a private sewer and lift station on-site. In this case, all roadways will be
public and maintained by the Town of Marana.
Development Regulations 1V-8
Regular Council Meeting - September 3, 2013 - Page 150 of 178
Casa Sevilla Specific Plan
2. Functional Classifications Defined
Within Casa Sevilla, the local streets may carry an Average Daily Traffic Volume of up
to 540 trips per day. Design speed for these local streets is 25 miles per hour. The
directional distribution is estimated at 50% entering and 50% exiting.
3. Cul-de-sacs
Restrictions on the length of cul-de-sacs contained within the Town of Marana Street
Standards do not apply to Casa Sevilla. There is no restriction on cul-de-sac length.
The minimum turnaround right-of-way radius shall be 45 feet to the back face of rolled
curb. "T" and "Y" shaped turnarounds may be used without curbs.
4. Curbing and Sidewalks
Roadways layouts in Casa Sevilla should have minimum effect on existing drainage
pattems in either sheet flow areas or defined channels. Rolled curbs are appropriate
for Casa Sevilla and will be a minimum of 1.0 foot wide. Five-foot sidewalks are
planned along both sides of the intemal roadway for this development. Landscape or
revegetation shall be employed to revegetate back to the edge of curb.
5. Travel Lanes
In Casa Sevilla, vehicular travel lanes are to a minimum 16.0 feet pavement se�tion
with 2-foot rolled curbing, 5-foot sidewalks for a total width of 46 feet.
Development Regulations IV-9
Regular Council Meeting - September 3, 2013 - Page 151 of 178
Regular Council Meeting - September 3, 2013 - Page 152 of 178
Casa Sevilla Specific Plan
A. Purpose
This section of the Specific Plan is intended to provide regulatory procedures designed to
guide the implementation for the Specific Plan throughout the duration of the project. This
section also provides guidance regarding the general administration of amendment
procedures to the Specific Plan. The Provisions below shall apply to the entire project site as
defined in this Specific Plan.
1. Extent of the Specific Plan to Supplement or Supersede Adopted Town
Zoning Regulations
The Development Regulations section of the Specific Plan addresses only those
areas that differ from the Town of Marana Land Development Code. If an issue,
condition or situation arises that is not covered or provided for in this Specific Plan,
those regulations of the Town of Marana Land Development Code that are in place at
the time of development shall be used by the Planning Director as the guidelines to
resolve the undear issue, condition or situation.
Appeals to the Planning Director's interpretation may be made to the Board of
Adjustment within 15 days of the date of interpretation.
2. General Implementation Responsibilities
The implementation of the Casa Sevilla Specific Plan is the responsibility of the
Master Developer and the Town of Marana.
The Master Developer is the entity responsible for providing the basic infrastructure
needs, including roads and utilities, buildings, improvements and site development.
At any time, the Master Developer may relinquish its rights and assign any or all rights
to one or more successors. Associated responsibilities of the Master Developer
would also be transferred to the future Homeowne�'s Association at that time.
The Town of Marana Development Services Department will be responsible for
ensuring all policies and standards laid out in the Spec'rfic Plan are adhered to during
the review of all development in the Specific Plan.
3. Interpretation
The Planning Director shall be responsible for interpreting the provisions of this
Spec�c Plan. Appeals to the Planning Director's interpretation may be made to the
Town Council within fifteen (15) days from #he date of the interpretation.
Implementation and Administration V-2
Regular Council Meeting - September 3, 2013 - Page 153 of 178
Casa Sevilla Specific Pian
4. Development Review Procedures
All development shall be conducted substantially in accordance with the development
regulations outlined in Section IV of this document. All development plans and
subdivision plats for Casa Sevilla shall be subject to and implemented through the
review and approval process adopted by the Town of Marana Land Development
Code. In addition, all development is subject to the building permit process as
outlined by the Town of Marana.
5. Specific Plan Amendments
Amendments to the Casa Sevilla Specific Plan may become necessary for various
reasons including but not limited to responding to changes resulting from new
development conditions, financial conditions, and/or to respond to the requirements of
potential users or builders of the property. The Master Developer, the Town of
Marana, other developers, or agents representing either may request amendments to
the approved Specific Plan.
6. Administrative Change
Certain changes to the explicit provisions in the Specific Plan may be made
administratively by the Town of Marana Planning Director, provided such changes are
not in conflict with the overall intent as expressed in the Casa Sevilla Spec�c Plan.
The Planning Director's decision regarding administrative changes and determination
of substantial change, as outlined below, shall be subject to appeal to the Town
Council. Categories of administrative changes include, but are not limited to:
• The addition of new information to the Spec�c Plan maps or text that dces not
change the effect of any regulations or guidelines, as interpreted by the Planning
Director,
• Changes to infrastructure, such as drainage and utilities, which do not change
the overall intent of the Specific Plan.
• Any comparable interpretations of the list of permitted and temporary uses of
the property set forth in the Spec�c Plan.
• Changes in land use designation boundaries, division of plan areas or
combinations of areas.
• Minor modiflcations or adjustments to intrusions, encroachments, easements,
rights-of-way, or open spaces, so long as the modifications do not conflict with the
overall intent of the Spec�c Plan.
• The determination that a use may be allowed which is not specifically listed as
permitted, but which may not be determined as analogous and/or accessory use
explicitly listed as permitted, as made by the Planning Director.
Implementation and Administration V-3
Regular Council Meeting - September 3, 2013 - Page 154 of 178
Casa Sevilla Specific Plan
7. Substantial Change
This Specific Plan may be substantially amended by #he procedure outlined in the
Town of Marana Land Development Code, Title 17 Section 05.06.07, Specific Plan
Changes. The owner or agent of the property may submit to the Planning Director a
written application to amend one or more of the Specific Plan regulations. Depending
on the type of request, the Planning Director may determine the request to be a
substantial change to the Specific Plan. A substantial change requires the applicant to
submit all sections or portions of the Casa Sevilla Specific Plan that are affected by
the change(s). After review; the Planning Director shall refer the request to amend
with his recommendations to the Planning Commission for noticed public hearing. The
Planning Commission shall make its recommendation to the Town Council which,
after public hearing, shall approve, reject, or modif�r the proposed amendment.
Implementation and Administration V-4
Regular Council Meeting - September 3, 2013 - Page 155 of 178
Regular Council Meeting - September 3, 2013 - Page 156 of 178
Casa Sevilla Specific Plan
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Appendix A: Ordinance 2005.13 3
Regular Councii Meeting - September 3, 2013 - Page 158 of 178
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Appendix A: Ordinance 2005.13 4
Regular Council Meeting - September 3, 2013 - Page 159 of 178
Casa Sevilla Specific Plan
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- Appendix A: Ordinance 2005.13 5
Regular Council Meeting - September 3, 2013 - Page 160 of 178
Casa Sevilla Specific Plan
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Appendix A: Ordinance 2005.13 6
Regular Council Meeting - September 3, 2013 - Page 161 of 178
Regular Council Meeting - September 3, 2013 - Page 162 of 178
Casa Sevilla Specific Plan
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. _ _
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Appendix B: Cultural Resources Report 8
Regular Councii Meeting - September 3, 2013 - Page 163 of 178
Regular Council Meeting - September 3, 2013 - Page 164 of 178
Casa Sevilla Specific Pian
Bibiiography
Aerial Photographs, Pima Association of Governments, 2012.
Town of Marana Land Development Code, Title 8- General Development Regulations,
revised May 2011.
Town of Ma�ana Land Development Code, Title 6- Subdivision Requirements, revised
March 2011.
Town of Marana Land Development Code, Title 5- Zoning, revised May 2011.
Town of Marana General Plan, 2010.
Town of Marana Parks, Recreation, Trails, and Open Space Master Plan, 2010.
FEMA Flood Insurance Rate Map, Pima County, Arizona.
Institute of Transportation Engineers, Trip Generation Manuals, 7m Edition, Volumes 1&
3, 2003.
MapGuide, Pima Caunty Department of Transportation, 2013.
���
� � -'
����
Appendix C: Bibliography 10
Regular Council Meeting - September 3, 2013 - Page 165 of 178
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, September 3, 2013, 7:00 PM
To: Mayor and Council
From: Laine Sklar, Senior Assistant Town Attorney
Strategic Plan Focus Area:
Community
Item A 3
Strategic Plan Focus Area - Additional Information:
Under the Community focus area, this proposed ordinance is consistent with Initiative 2, to keep the
community safe and secure.
Subject: PUBLIC HEARING: Ordinance No. 2013.022: Relating to Development; amending the
Marana Land Development Code to prohibit medical marijuana dispensary offsite cultivation
locations throughout the Town; amending Marana Land Development Code Section OSA2.06
(Medical Marijuana Uses in Zones A-E), Section OS.l0A1 (AG Agricultural), Section
05.11.04 (RC Regional Commercial), Section 05.12.02 (Light Industrial), Section 05.12.03
(HI Heavy Industry), and Section 08.08 (Medical Marijuana Uses); and establishing an
effective date.
Resolution No. 2013-084: Relating to Development; declaring as a public record filed with
the Town Clerk the amendments adopted by Ordinance No. 2013.022, amending Marana
Land Development Code Title 5(Zoning) and Title 8(General Development Regulations),
prohibiting medical marijuana dispensary offsite cultivation locations in the Town of Marana
Discussion:
On October 19, 2010, the Mayor and Council passed Ordinance No. 2010.18, which permits medical
marijuana dispensary offsite cultivation locations within the Town, subject to certain minimum
separations. In the time since the passage of the above ordinance, it has come to staffs attention that
both medical marijuana dispensaries and medical marijuana dispensary offsite cultivation locations are
often targets for criminal activity, pose a threat to Marana residents, and require a high level of police
presence and resources. Cultivation that takes place at a location separate from the dispensary where the
marijuana is sold adds an element of risk because the medical marijuana then has to be transported to the
dispensary location.
In March of 2012, KFSN, the Fresno ABC affiliate, reported that a medical marijuana delivery man was
robbed while delivering marijuana to a patient.
On August 5, 2013, American City and County reported on the problems that are caused by both legal
and illegal marijuana growth, stating that farmers are losing land to marijuana growers, and that the
violence from marijuana thefts is creating an increasingly dangerous environment.
On June 7, 2013, KFSN, the Fresno ABC affiliate, reported that the smell of marijuana being grown is
obvious and has led neighbors to call police to complain. Those neighbors state that the smell is
Regular Council Meeting - September 3, 2013 - Page 467 of 178
annoying, but the threat of violence is even worse.
Both the County of Fresno and the City of Fresno, CA, have banned outdoor growing of marijuana due
to increased violence, including robberies and shootings.
In May of 2012, prior to the opening of any dispensaries in Arizona, qualifying patients were permitted
to grow a specified amount of marijuana in their homes. KPHO, the Phoenix CBS affiliate, reported that
Phoenix police were seeing an increase in drug related crimes as criminals located the legal grow houses
in the area. Phoenix police were investigating a rash of violent home invasions, beatings and shootings
tied to medical marijuana.
By limiting medical marijuana cuitivation within the Town of Marana to dispensary locations only, the
burden on the police department is reduced. While additional police presence around dispensaries will
be necessary, additional police resources are not needed at offsite locations as well. Additionally, the
potential for violence while marijuana is transported from the cultivation location to the dispensary is
removed and the number of cultivation locations within the Town is limited to the number of
dispensaries permitted within the Town (currently two). By limiting the number of cultivation locations
the potential for violence is narrowed as well.
This item proposes to prohibit medical marijuana dispensary offsite cultivation locations within the
Town. If this item is approved, only medical marijuana dispensaries will be permitted to cultivate
medical marijuana, and they will be required to cultivate the marijuana they offer for sale onsite.
ATTACHMENTS:
I�a�z�c;: I�escri�tic�n: Type:
� C3rd. 2013.t122 L�D Amendment fc�r Medica!
Qrd. 2013.Q22 LCD Rmendment Medicai Mari uana.docx ���
1 (�larijuana Cu[tivaticsn
l3 Resolu#ion 2013- RESO declaring am�ndm�nts �o L.C3C prahibiting
84 LDC medical mariivana revisions text (00034808- — FZesawutEC�n
2.dacx rnedicai rnarijuana ofFsite cu[tiv�#ion a public recard
Staff RecommendaHon:
Staff recommends adoption of Ordinance No. 2013.022 and Resolution No. 2013-084.
Commission Recommendation - if applicable:
This amendment was taken before the Planning Commission on July 31, 2013. The
Commission voted 5-2 to recommend approval to the Town CounciL
Suggested Motion:
I move to adopt Ordinance Na 2013.022, approving amendments to the Marana Land Development
Code to prohibit medical marijuana offsite cultivation locations, and Resolution No. 2013-084, declaring
the amendments a public record.
Regular Council Meeting - September 3, 2013 - Page 168 of 178
MARANA ORDINANCE NO. 2013.022
RELATING TO DEVELOPMENT; AMENDING THE MARANA LAND DEVELOPMENT
CODE TO PROHIBIT MEDICAL MARIJUANA DISPENSARY OFFSITE CULTIVATION
THROUGHOUT THE TOWN; AMENDING MARANA LAND DEVELOPMENT CODE
SECTION 05.02.06 (MEDICAL MARIJUANA LAND USES IN ZONES A-E),
SECTION 05.10.01 (AG AGRICULTURAL), SECTION 05.11.04 (RC REGIONAL
COMMERCIAL), SECTION 05.12.02 (LIGHT INDUSTRIAL), SECTION 05.12.03 (HI
HEAVY INDUSTRY), AND SECTION 08.08 (MEDICAL MARIJUANA USES); AND
ESTABLISHING AN EFFECTIVE DATE
WHEREAS the Mayor and Council passed Ordinance No. 2010.18 on October 19, 201A,
permitting medical marijuana dispensary offsite cultivation locations within the Town, subject to
certain conditions; and
WHEREAS medical marijuana dispensaries and medical marijuana dispensary offsite
cultivation locations are often targets for criminal activity, pose a threat to Marana residents and
require a high level of police presence and resources; and
WHEREAS cultivation that takes place at a location separate from the dispensary where
the marijuana is sold adds an element of risk because the medical marijuana then has to be
transported to the dispensary location; and
WHEREAS limiting medical marijuana cultivation within the Town of Marana to
dispensary locations only will (i) reduce the burden on the police department, (ii) remove the
potential for violence while marijuana is transported from the cultivation location to the
dispensary, and (iii) limit the number of cultivation locations within the Town to the number of
dispensaries permitted within the Town; and
WHEREAS the Mayor and Council of the Town of Marana find that the revisions
adopted by this ordinance are in the best interests of the Town of Marana and the general public.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, as follows:
SECTION 1. The amendments to Marana Land Development Code Title 5(Zoning) and
Title 8(General Development Regulations), prohibiting medical marijuana dispensary offsite
cultivation locations in the Town of Marana; three copies of which are on file in the office of the
Town Clerk of the Town of Marana, Arizona; which were made a public record by and are
attached as Exhibit A to Resolution No. 2013-084 of the Town of Marana, Arizona; are hereby
referred to, adopted and made a part of this ordinance as if fully set out here.
{00034814.DOCX 1}
Marana Ordinance 2013A22 - 1- 7/15/2013 2:40 PM FJC
Regular Council Meeting - September 3, 2013 - Page 169 of 178
SECTION 2. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are repealed as of the effective date of this ordinance; provided, however, that this
repeal shall not affect the rights and duties that matured or penalties that were incurred and
proceedings that were begun before the effective date of the repeal.
SECTION 3. 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, the decision shall not affect the validity of the remaining portions of this
ordinance.
SECTION 4. This ordinance is effective on October 4, 2013.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 3` day of September, 2013.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
{00034814.DOCX /}
Marana Ordinance 2013.022
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
-2-
7l15/2013 2:40 PM FJC
Regular Councii Meeting - September 3, 2013 - Page 170 of 178
MARANA RESOLUTION NO. 2013-084
RELATING TO DEVELOPMENT; DECLARING AS A PUBLIC RECORD FILED WITH
THE TOWN CLERK THE AMENDMENTS ADOPTED BY ORDINANCE NO. 2013.022,
AMENDING MARANA LAND DEVELOPMENT CODE TITLE 5(ZONING} AND TITLE 8
(GENERAL DEVELOPMENT REGULATIONS), PROHIBITING MEDICAL MARIJUANA
DISPENSARY OFFSITE CULTIVATION LOCATIONS IN THE TOWN OF MARANA
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, that the amendments to Marana Land Development Code Title 5(Zon-
ing) and Title 8(General Development Regulations), a copy of which is attached to and incorpo-
rated in this resolution as Exhibit A and three copies of which are on file in the office of the
Town Clerk, are hereby declared to be a public record and ordered to remain on file with the
Town Clerk.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 3` day of September, 2013.
Mayor Ed Honea
ATTEST:
APPROVED AS TO FORM:
Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney
{00034808.DOCX J 2}
Resolution No. 2013-084
7/3012013 1121 AM FJC
Regular Council Meeting - September 3, 2013 - Page 171 of 178
EXHIBIT A TO MARANA RESOLUTION NO. 2013-084
Amendments to Marana Land Development Code Title 5(Zoning) and Title 8
(General Development Regulations) adopted pursuant to Marana Ordinance
No. 2013.022, prohibiting medical marijuana dispensary offsite cultivation
locations in the Town of Marana
SECTION 1. Marana Land Development Code Section 05.02.06 (Medical Marijuana
Land Uses in Zones A-E) is hereby revised as follows (with deletions shown with st-�ee�tt� and
additions shown with double underlinin�):
05.02.06 Medical Marijuana Disnensarv �a^�',-.�.-'��� in Zones A-E
A. Anv medical mariiva-
na disaensarv proposed in Zones A-E a�e is subject to the condi-
tional use permit procedure set forth in Section 10.10 and a�e-sub-
ject to requirements found in Section 08.08:_
�
„_
,....:�_ - -
B. A medical mariivana dispen-
s� in Zones A-E shall not be subject to the Significant Land Use
Change process.
SECTION 2. Marana Land Development Code Section 05.10.01 (AG Agricultural) is
hereby revised as follows (with deletions shown with �'~'��� and additions shown with double
underlining):
05.10.01 AG Agricultural
[No revisions in paragraphs A through C]
D. Conditional Uses.
The following may be permitted subject to Conditional Use Permits
provided for in Section 10.10 of the Land Development Code
[No revisions in subparagraphs 1 through 12]
� ; '�£T_7�*1Ftt�LS7IT� .
�� ��
[No revisions in paragraphs E through G]
SECTION 3. Marana Land Development Code Section 05.11.04 (RC Regional Commer-
cial) is hereby revised as follows (with deletions shown with �e� and additions shown with
double underlinin�):
05.11.04 RC Regional Commercial
[No revisions in paragraphs A through C]
D. Conditional Uses.
The following uses may be permitted in the RC zone, if it is found in each
case that:
{00034808.DOCX / 2}
Resolurion No. 2013-084
Exhibit A
-1-
7/30(2013 11:21 t1M FJC
Regular Council Meeting - September 3, 2013 - Page 172 of 178
EXHIBTT A TO MARANA RESOLUTION NO. 2013-084
Amendments to Marana Land Development Code Title 5(Zoning) and Title 8
(General Development Regulations) adopted pursuant to Marana Ordinance
No. 2013.022, prohibiting medical marijuana dispensary offsite cultivation
locations in the Town of Marana
The indicated criteria and limitations are satisfied.
2. Specific conditions are imposed by the Town Council to car-
ry out the purposes of these regulations.
[No revisions in subparagraphs a through c]
d. Medical marijuana dispensary '
�at�e�, subject to the conditional use permit pro-
cedure set forth in Section 10.10 and subject to the
requirements found in Section 08.08
[No revisions in subparagraph e]
[No revisions in paragraphs E through H]
SECTION 4. Marana Land Development Code Section 45.12.02 (Light Industrial) is
hereby revised as follows (with deletions shown with �ee�s and additions shown with double
underlining):
05.12.02 Light Industrial
[No revisions in paragraphs A through D]
E. Conditional Uses.
The following uses may be permitted in the LI zone if it is found in each
case that the indicated criteria and limitations are satisfied and if specific
conditions are imposed by the Planning Commission to carry out the pur-
poses of this zone:
[No revisions in subparagraphs 1 through 6]
7. Medical marijuana dispensary '
#ae�, subject to the requirements found in Section 08.08.
8���in�1 rr+�rii� ��n� �li�r���ar��nfo�v n� �I�i�i�tinr+ I�n��i�_
[No revisions in paragraphs F through I]
SECTION 5. Marana Land Development Code Section 05.12.03 (HI Heavy Industry) is
hereby revised as follows (with deletions shown with st�eetr�s and additions shown with double
underlininE):
05.12.03 HI Heavy Industry
[No revisions in paragraphs A through C]
D. Conditional Uses.
[No revisions in subparagraph 1]
{00034808.DOCX / 2}
Resolution No. 2013-084 EXlllblt A 7/30/2013 1121 AM FJC
-2-
Regular Council Meeting - September 3, 2013 - Page 173 of 178
EXHIBIT A TO MARANA RESOLUTION NO. 2013-084
Amendments to Marana Land Development Code Title 5(Zoning) and Title 8
(General Development Regulations) adopted pursuant to Marana Ordinance
No. 2413.02�, prohibiting medical marijuana dispensary offsite cultivation
locations in the Town of Marana
2. Medical marijuana dispensary �•��*" ^r .�,:+h�„+ ,,,, �,+o ,.,,�+;.,.,
#�e�, subject to the conditional use permit procedure set forth
in Section 10.10 and subject to the requirements found in
Section 08.08.
„_
. .
.� .�
[No revisions in paragraphs E through I]
SECTION 6. Marana Land Development Code Section 08.08 (Medical Marijuana Uses)
is hereby revised as follows (with deletions shown with s�t�ee�s and additions shown with
double underlinin�):
08.08 Medical Marijuana �isnensarv i�ses.
A. The minimum requirements of this section shall apply to a�l� a�n �
"medical marijuana dispensary" "
'" located in any zoning district.
B. In addition to any other application requirements, an applicant for
any "medical marijuana dispensary" "
'" conditional use permit shall provide
the following:
1. A notarized authorization executed by the property owner,
acknowledging and consenting to the proposed use of the
property as a medical marijuana dispensary
,
�ile.
2. The legal name of the medical marijuana dispensary e�ae�-
�. If f�pr�lin�4i�n i� f�r � rv��in:�l m�rii� ��n� ���
e
34. The name, address, and birth date of each officer and board
member of the nonprofit medical marijuana dispensary.
4�. A copy of the operating procedures adopted in compliance
with A.R.S. § 36-2804 (B) (1) (c).
56. A notarized certification that none of the nonprofit medical
marijuana dispensary officers or board members has been
convicted of any of the following offenses:
{OW34808.DOCX / 2}
Resolution No.2013-084 EX�11171t E� 7/30/2013 11:21 AM FJC
-3-
Regular Council Meeting - September 3, 2013 - Page 174 of 178
EXHIBIT A TO MARANA RESOLUTION NO. 2013-084
Amendments to Marana Land Development Code Title 5(Zoning) and Title 8
(General Development Re,gulations) adopted pursuant to Marana Ordinance
No. 2013.022, prohibiting medical marijuana dispensary offsite cultivation
locations in the Town of Marana
i. A violent crime as defined in A.R.S. § 13-901.03 (B)
that was classified as a felony in the jurisdiction where
the person was convicted.
A violation of state or federal controlled substance law
that was classified as a felony in the jurisdiction where
the person was convicted except an offense for which
the sentence, including any term of probation, incar-
ceration or supervised release, was completed ten or
more years earlier or an offense involving conduct
that would be immune from arrest, prosecution or
penalty under A.R.S. § 36-2811 except that the con-
duct occurred before the effective date of that statute
or was prosecuted by an authority other than the state
of Arizona.
6�. A notarized certification that none of the nonprofit medical
marijuana dispensary officers or board members has served
as an officer or board member for a medical marijuana dis-
pensary that has had its registration certificate revoked.
7�. A floor plan showing the location, dimensions and type of
security measures demonstrating that the medical marijuana
dispensary
will be secured, enclosed, and locked as re-
quired by law.
8�. A scale drawing depicting the property lines and the separa-
tions from the nearest property boundary of the parcel con-
taining the medical marijuana dispensary
to the property
boundary of the parcel containing any existing uses listed in
paragraph D€ below. If any of the uses are located within 50
feet of the minimum separation, the drawing, showing actual
surveyed separations, shall be prepared by a registered land
suroeyor.
9a-A. A notarized acknowledgment of the requirements of Pima
County Code Chapter 8.80 ("Medical Marijuana").
6`�n�in�l rv+.�rii� ��r» rlic�n���� h����h���n,�eaT
C�. A medical marijuana dispensary
shalL
{000�asos.DOCx i a}
Resolurion No. 2013-084 EXlllblt A 7/30/2013 1121 AM FJC
_-4-
Regular Council Meeting - September 3, 2013 - Page 175 of 178
EXHIBIT A TO MARANA RESOLUTION NO. 2013-084
Amendments to Marana Land Development Code Title 5(Zoning) and Title 8
(General Development Regulations) adopted pursuant to Marana Ordinance
No. 2013.022, prohibiting medical marijuana dispensary offsite cultivation
locations in the Town of Marana
Be located in a permanent building and may not be located
in a trailer, cargo container or motor vehicle.
2. Not have drive-through service.
3. Not emit dust, fumes, vapors or odors into the environment.
4. Prohibit consumption of marijuana on the premises.
5. Not have outdoor seating areas.
6. Display a current Town of Marana business license applica-
ble to a medical marijuana disnensarv �ses.
7. Cultivate all medical mariivana offered for sale on-site.
8. Have oqeratina hours not earlier than 9:00 a.m. and not later
than 5:00 a.m.
D€. A medical marijuana dispensary
shall meet the following minimum separa-
tions, measured in a straight line from the boundary of the parcel
containing the medical marijuana dispensary
to the property boundary of
the parcel containing any existing uses listed below:
1. 2,000 feet from any other medical marijuana dispensary or
medical marijuana dispensary offsite cultivation location.
2. 2,000 feet from a residential substance abuse diagnostic and
treatment facility or other residential drug or alcohol rehabili-
tation facility.
3. 1,000 feet from a public, private, parochial, charter, dramatic,
dancing, music, learning center, or other similar school or
educational facility that caters to children.
4. 1,000 feet from a childcare center.
5. 1,000 feet from a public library or public park.
6. 1,000 feet from a church.
7. 1,000 feet from a facility devoted to family recreation or en-
tertainment.
E�. A medical marijuana dispensary offsite cultivation location-r�e�asr
,
�,r;��a^�� is prohibited within the town limits
{00034808.DOCX / 2} �
Resolution No. 2013-084 EX�llblt A 7/30/2013 1121 AM FJC
-�-
Regular Council Meeting - September 3, 2013 - Page 176 of 178
EXHIBIT A TO MARANA RESOLUTION NO. 2013-084
Amendments to Marana Land Development Code Title 5(Zoning) and Title 8
(General Development Regulations) adopted pursuant to Marana Ordinance
No. 2013.022, prohibiting medical marijuana dispensary offsite cultivation
locations in the Town of Marana
F6. The number of inedical marijuana dispensaries permitted within the
town limits of Marana shall be limited to two. The number of permit-
ted medical marijuana dispensaries shall be increased by one for
each Marana population increase of 50,000 over and above the of-
ficial 2010 census fiigure for Marana.
{00034808.DOCX! 2}
Resolution No. 2013-084 EXlllblt E� 7/30/2013 1121 AM FJC
-6-
Regular Council Meeting - September 3, 2013 - Page 177 of 178
11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653
Council Chambers, September 3, 2013, 7:00 PM
To: Mayor and Council
From: Gilbert Davidson, Town Manager
Strategic Plan Focus Area:
Not Applicable
Item D 1
Subject: Relating to Le�islation and Government Actions; Discussion and possible action regarding
all pending state, federal, and local legislation/government actions and on recent and
upcoming meetings of other governmental bodies
Discussion:
This item is scheduled for each regular council meeting in order to provide an opportunity for discussion
of any legislative or regional intergovernmental item that might arise. Periodically, an oral report may be
given to supplement the Legislative Bulletins.
ATTACHMENTS:
Name� Descriptic�r�: Ty�e:
No Attachments Avai(able
Staff Recommendation:
Upon the request of Council, staff will be pleased to provide recommendations on specific
legislative/intergovernmental issues.
Suggested Motion:
Mayor and Council's pleasure.
Regular Council Meeting - September 3, 2013 - Page 178 of 178