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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: T��t��e; [� Resolution 2013- $2 CBDG 2013-2014.doc � 00035226.PDF I�e:;� riptic�r�: - . . . f �: .., � � Exl�ibit A - IGR 'I"v-�e: _ . , � 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. �"'�'�"`�FYe�ul�al�Councif Meeting - September 3, 2013 - Page 9 of 178 ?age � 1 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. I?evisc��laP��ncil Meeting - September 3 2013 - Page 13 of 178 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 � Gv I ��, ��t�r� �:�r�e�t��t�� 't`�i�: r���� ��t�� �� �r�tir� ��, � �n t!� �c��� �rC�t��r�g ,�� �r�-��� �tt�r }�r��, �r� �11 pri�r � c:�tit, ��r�rrt�it� �e�c� r�rtd� z�dirt���.��# �� v���, ar�:' .�y:��s'��d �r�c� r���'�r'�ir�. Tltis !{3A �t nc�t be m�"° �r ���r'e� tar �t�ru��:d pt tt��� � �rr�t�rt:�r��d��rit ���� �r� t� p� ,' ,; ����rded with ti�� �'i�� �cs�rn�i � . � 1Yt t�'i��� b?��r�� ��?�.i(� ��� ����d ��� I�t�r��s��rrs�r�t�� Agr��tett� f�s �'"�d ��+ #&��. C�a€[�'t� �f it� 8ta�t� t� �tpcin ��afican �# t�i� ���r� �n�# �t���i fci b� #�e �I� � �� �c���#, �nd T�}Vii� �`���9 �h�� ti�t�r��+�m�I ��r �x�e�zt�d by th� ��` c�pvn r����c�z� s�f ��+�' ar�d ���ir��if anc�', ��t� �,� : �I�itA Ct��E�`�'. ; �t�'1�� �7F l�a�t��f; ��a��rr��rs, �esar� � ����t��t�e� ���t = I�t�: �� � ��t�: . �'Ti°���" ' �'i'T`�� T �O�rri� �� tt� �rd '�"�t� �I�� : t�st�� ���: f��'f��tQ1�1� ` t� �f:1� � � �� " � � x� �� ' �_��.. _ _ -_ � '���� 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 {��} � Regular Council Meeting - September 3, 2013 - Page 18 of 178 �€��.�'; ��.��;� � . Regular Council Meeting - September 3, 2013 - Page 19 of 178 ' ��� � � � � •. ' Pra,�ect ��'�� � Regular Council Meeting - September 3, 2013 - Page 20 of 178 �P�t� ������� ���� � , Regular Councif Meeting - September 3, 2013 - Page 21 of 178 �P��' �rr����: ���� �, ���� Regular Council Meeting - September 3, 2013 - Page 22 of 178 ��'C�,�e�� (���': �: ��#�1P Regular Council Meeting - September 3, 2013 - Page 23 of 178 - ► a �rc�j�t (4�}; � Regular Council Meeting - September 3, 2013 - Page 24 of 178 � P�j�� ��3} � Regular Council Meeting - September 3, 2013 - Page 25 of 178 ���l� .: 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 � � . �.w� 'i �° � �. �� �I 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 . � � /�� .��r,� >�.L_ < . a.. � ♦ � i � � S � � � � � �/ �. _ // i// LG // ':[T^.�a � �`rTiS'i�' 1 '�.�' 1� __ � � _ � ' � ^ �`r ( i 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: � �' � t . r t co� �. p �rio ����a���� �o. 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 . �. . � . �; �.:1 �.�` � 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 .--. /--� {r � t i 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 . . , , � _ 1 �:�.� 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 . � . . . �) �-, i J 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 . � / /,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 ` - . ' , ' . _ ---� • � ^ � � � 1 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 � � , :: �� � � �.;y. � � � �. ��� � ,� �� � � „ ' ` � � � �. _� .,. , � �„ � y , � . � � � �� �� �; . � �� ��a�ic �AVt�,c� a� p�eu� s�w�� t�r�s � � 'a� �� � � ni 3: ta� itass�'3tiiav�5; Ftat�c+,� aew wt�+�t�eia =na atibtzc �ur iun^:�W vw �vau e: �� � a1t +6� � � j ; , �; ��� 7'i AGCIFG.Wf£ MHM IkC St7�RA Ca�4NT1"'Ml.S�TE't&C'ER XikhlC2AffXlT`S MRMUFt l�l' ENC[FiFFRd4R ,. . •; LANDFfd75 Ah6 PR4�£b4k£S ANRtE 59Mtl fXt;JYQM. JwD irg P�MA p� . CFtt f� ?AtC�k , . 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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 � l � C1'111L ENGINEERiNG • LAND SUR�fEY(NG r y E ` � � � ` �. :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 � �3�1G[tti��Filhl� '• SUFtV�Y�t+1G . lATVC'}�CAPE ftl��l�#'t'��CTi1FtE Page 2 c�f 5 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. � ��¢ A�l���' �� �: z' �MGIh1E�RiNG • SUR�tE`lt�3G • IANDSCAPEAR�tiITECTURE Page 3 c�t 5' Regular Council Meeting - September 3, 2013 - Page 55 of 178 r e � . 0 TWl'N PEA�+C�i AN� t��1�"i1S ANNEi�ATl+�aN A QEPtICT1+t�N t14F E�CM�BlT A � y_. -:::._.. PA,�iE 4�.- S� Regular Council Meeting - September 3, 2013 - Page 56 of 178 �� 1 �i}f1Y t �� �r1J��LtY�:+GMf�i1:..�1� . f".�::Q�- i Q� Ci�V��'!7V � � i�4(?N{JMEt�T AS t�i{�1'�{� � EXIST��t� MARAM1iA $C}UNC}ARY � AP�1tVE5CAi'#{�C�f -QC}Uh((3�Rft1" __.. . -,, RARCEL ��lUtVCtt�R� � � �� � n�v��o��r��� c�r�su�r;�n��rs� �� '���� rv. a�.v��r�ar� w�� �r�` c Tucs�r� A� �571� ?{7-97�-6b38 FX� 5�0-74�-�6?3' 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 ti � ������� 't .� � ,.. a� _- � ��3�� �:���� • Regular Councii Meeting - September 3, 2013 - Page 68 of 178 �a� � ¢.,����� � . �� �,� v ��:� � � �. ��,,�� � �� g �3 l � � � "���// �/�, �f � ., , A � `������ ;i ��� ��� � f� / � �t'���i i � a '� � , , � � � :�; � � � :; �, �� . �� � r �; � � - � �_ � � � ` ? �'��,,��. ,> � � � +� � `�� ���� ��� �� � � r � � � � ��� "��`` �� �� � � �� � ���s�� i��`�� �_ � ��� �� �� 3' � ��� ��\ ��� �� ���` ���: : . 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 Regular Council Meeting- September 3, 2013 - Page 70 of 178 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 .� ��� 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 �N1E ❑N2E �N3E �N4E ONSE Con PT CP4 CP5 CP6 CP7 CP8 ArQa Cac) 1,3 Z0,9 8,7 1.3 2.5 Q lOD 8,8 CFS 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 � . � � . � � � . PIMA COl1NTY 70POGRAPHY 2000 NAVD 88 2` ��o p �� ��u �o 1 Inch � 150 tt, � � � � � � � � � m � � � v m � � w N O W � N � fD � O O -n V � v m < m 0 v 3 m � ... n � � � a � � m 0 � � .�P n � �'i � m < � � � N n �i n "� � � 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 � , ` � � ��� � ; ���� xY ;: � `� �\ � �....n $.�`.�6a �i - �� , � .r.� , ,,.; ,v .H .. . .. �� ...x... , xl a:.c.c �-zszn x �. 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 � uxc � ; � �ut�r: a �v� - . .- {. ����� � � � ;, � �����q v... ��� r .� �°�=��« ��� �� �� � � 5 � ��F � � �` � . �� �»� � '� .� �,.�� ' � �. �'4P�{���,'nt� ��fJ � � � . «�a'�� "'�"'� .,�" �.m�� . 6sd� �' �,, � � ``�^� �a a �- 5 t .�' �'��� ��Y" �'b*n, � ;�t , ,:. � '�� � €��� " � ti , �a `" � � , „,� � 6 � y �, �%�> y �. ., _ � � � �� _ � f "a »�' �'�� � � r �a .,„ F � � ^�.... .-�, ` a- ��:,�z �` � r �. � w ,.�§ � � � �r � � � � � u �„�-a� ,s. 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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 �°;, v m < m a � 3 m � �- C) � � � � � m v 0 � N � m K � a � 2 � � '� � �. O C� � v � < � Cn � N n �i n � � � 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. �°: � �.:2 � 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 �� �� � � .��a , � � � �� ,, k �y ~° �`���T�'4� T�1L�l�dr�� �+�t1�€� � �� y ,�$ k `�`��� �" ��C� f�� '� `� � ��,� s � ` � � �j �� `` __._...: >;;; ,� . 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 : �� ��� � ���� ��r�� ���� �i �� � ` " �n ` �t _ � �, �s�� �a� �it� . , ' �: . �t ����� €�� . . . ; ; . ` ���e� �� �3 ��� t �c,r��t►[t�r� J��y Su�t� �: +e�,.���: r����.r� r,�.��sa,:.�:�,� � �r� � �r�.:s�r ; � � � f � � � p.. <` � :::,>: : ' " , ,�. : - . ; . t1t'Ei�� �G+t� , ' ' ��:�. �` . ; �`'��� f��l'�� �`�. 4?'� tt�E., � . . , �,"�k�'�� _ �� � _"�. � � �� � ��.� �. � � �� ��`. ���tit� � ' �� ���#�' � E�!�� , ��� ��ra �e►d E. 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 ��r��=��, ���� � �;� ,� � � , ��:_ 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 i�;�t�.1��� ` .�t zt. � � �. � ��,3'� ��v:r � , �� »n,».Y�:.T�«,.... .,..»„m.,i . +�u I � ��; a�uv u��.r*� `. : � u!d:�'.«iM nkFx � �Q: �f3A� . �.. � �#3�:�:ta�`i, �. .... � ,.�...,m,....:.:.. ...._............ �...:; ��� s�vl��e ��� re��`�""� x� acva �� ' ���� � � �� � � � � �i1'7f. E7at��,Fc,fEl�' ..... ...__ �r. wi«�f,:,. � 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 �� r �� ,,,�� ����� 3 y� �` ,� � ��� y § c � ��v �� � � �✓° % � s . z � ' � ..__. � . .�' <,; ,,., . ,_ .._� � �.�FV� �..R .,�.. �.�. `� �;�; � � : Total Site Area 34.68 100 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 � ~ 'I � Da Area Cac> ❑N1D 1.3 ONZD 10,3 ❑N3D 2,5 �N4D 4,6 ONSD 1,6 �N6D ,S �N7D 1,2 �NBII 2,5 �N9D 6,4 �N10D Z,5 �Ni1D ,3 �N12D 6,4 Con Q Con PT 100 PT CP1 573 CFS CP5 CP2 103 CF� CP6 CP3 583 CFS CP7 CP4 8,8 GFS CP8 Q100 8,8 CFS 72 CFS 22 CF� 41 CF5 16 CFS 4,8 CFS 10 CFS 22 CFS 45 CFS 17 CFS 2,7 CFS 45 CFS Q 100 687 CFS 2,7 GFS 60� CFS 17 CFS DEYELOPLD ORAPHIC SCALE ,i° 4 :� '�° a4° 1 Incn — 1°.� R � . +DNSITE DRAINAQE lBJLTAXI� iC +ar ea e e retrroe�+w io suRVE�Nc 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 � s�� a�� � � � � �a� ��.�� � :�a�� ��-�� �a. � �� .:. � � ���� ��e�° � � � �. , ���� ���ra���� � � � �'�, � �as�������� � _ ��rar� x�►� ��� � _ '_ � � : �� � �.�,�� �� � � ��-�� �������� � : ��.�� ��� �� : � � �:: �.�aa � � � � � � ;�. � � �� �L3 � � � '� � � '� � � � � �: '� � Appendix A: Ordinance 2005.13 2 Regular Council Meeting - September 3, 2013 - Page 157 of 178 .- ' ,' � � � �& a' r '� ° > � � i i � � ► � � � :f i 4 � � � � a �� ,A4'fi f &k 9' �• � ay¢ . d 4 a . �b :.B ' ki " t k t � �~ � 8�8 � 5# t � � ' .. ' '" � ♦ . 5 6 9 b t P .�4A 8 1 i t'^t� l ! 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E. i :ti+^`IA t A.va .tl.! e.,�6� .NM 459�. 8 6 � i 0' t 9 aE �ba'v .�t�3�t f �i bil.. t�.` Y �9A t. �Y. !� i°%ai.:a MS/ t Bi'S41 at e3' .FF O.P. .+Y� # SP� i . i / � � _ 8'�F � 4. i:4 -9 ' 6 .f D 3 .� � 9��8 :-i .af ../ Y 6 ! f . - f)i' 3i S�> 3Y � e i:s.e s c se:ma ia� �ii a. �ea • s .,ca� er' '+:.r ^a4 � M' .'�'s:aP#-d1 .i9.b 9i.! f� N.!T R" E��R& Yi� � W t'f .38! .N r{�.E.i Y iP^` 6`3 5 .H. :.i��w33 'ft t II' i C�'�}l::� i {t t{� ;�1'�Y 9 9 !1 ' . F 4a t4. 8 Appendix A: Ordinance 2005.13 4 Regular Council Meeting - September 3, 2013 - Page 159 of 178 Casa Sevilla Specific Plan .'-d a«ttGat .ts;t aa. .t:! i ,13 ) .�.� :� ei g i � 4 ` .g t :i� , t �w w � 4 -iI � +a � a ,�s Cii 43 ID i �#' t N`) f� .a�A � t:.g y - 8.� _t)'t .� e� esg `g 4)1 .t t ' 8' ' 1 t f� v tl�.+eF t. � kC 6 � ..Y i �*° #< x0 . )d '..C>' Y,:� .S 'vi ;aY 6 :atq i , 8.:..y :aA t.� w t't D@ nrBf &.dl ` A ii6 flY 4=�6'i d 1" ; t�J ��@ .r:A;4 �.tl 4' ¢ d .ti 3-1 ' R $ f _ .�f .�i a i3 .F , "�Y I �T�# , t. 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"� T - " 5:6t 9 �t } Ib � � � � d tl :e ..{.Y c e ��.�.:g .a .a n.� ..x�a �m� i i P F � , � N!. � e� �' �. . r�+�f+r�a�t �i�+�, �� � �iR3Y �A �W"'^`^!6 f���� . � ��,"'"�rr�++'"r�"" �. � � - Appendix A: Ordinance 2005.13 5 Regular Council Meeting - September 3, 2013 - Page 160 of 178 Casa Sevilla Specific Plan � � � � � �� � ���� ° �� f� � r � � � E�CI '�`� �, � �� � � � � � �� � � � � � � 7�� � �� �� � � �, � �� � � .. '.�,�,'��`, � �' � ,s�1# � � � _ � ��` � _ . b�'� _ o +° a•r�r € r l i � L 9" r` f � � d�. ��.�3 # . ! 3 ��A � • , ���� � � 4 •` 1� 7' ffi �` �i � �� '� �1 0 �. . � y.• � � �� � a 4 i �' i� °� .q? . 1 � � f s) � ff � �' : # I kt 3 ° �� i # B�E' . Y ��° e�� N f t � ,. . ! � ' Y ! 8 :�i i ���► �e a � i � a ►���� � � ° e�� e f � ;� 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 � � 'l�� ��� ���La�. ���:���t�'C�i� �i.1��`�� `�!�� �� ��.� . . �"��A: iCt�LT�1TTY, AR��1`� AR : `�_ � �� � �� � � : ���� , T=�s: T���i11I8��T�+i� � �#�� ��C.t��'; �T�. , � ��� ������ �� �31�i�. . _ _ ��� ��3�� : � � ��d b� � ��di� �, �i � � � 1�i� �� '� �� � �+'�� ���(�1�,��T!�`i`�4L �4�t��.II�.'�'AE� - . _ _ �4�'� �r�a�ls`t� Si,r�et � 't���.�tna �3,�`7bT ��4�d 3� �•l9?# ' �.� _ , - � � � � � � � ������ � �: � �.. ��, �t.� �� ��u�� ��. i�t�a� �!� �� ��vi���� �, �� _ 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