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Home My WebLink About10/15/2013-Council Agenda PacketMARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, October 15, 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 October 15, 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 COUNCIL 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 courtesy 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 ehange 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 'm speaking to the Council during the Call to the Public or Public Hearings, you must fill 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 - October 15, 2013 - Page 1 of 129 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, October 14, 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 P 1: Presentation: Relating to Utilities; discussion, consideration and possible action regarding the concept of developing wastewater infrastructure from Saguaro Bloom development north into the Tangerine/Downtown alignment. (John Kmiec) CONSENT AGENDA The Consent Agenda contains items requiring action by the Council which are generally routine items not requiring Council discussion. A single motion and affirmative vote will approve all items on the Consent Agenda, including any resolutions or ordinances. 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 Regular Council Meeting - October 15, 2013 - Page 2 of 129 discussed and voted upon separately. C 1: Resolution No. 2013-091: Relating to Development; approving a final plat for Boulder Bridge Pass at Dove Mountain, Lots 1-88, Block "1" and Common Areas "A" and "B". (Steven Cheslak) C 2: Resolution Na 2013-092: Relating to real estate; authorizing the acquisition by negotiation or condemnation of lands and property rights needed for the Santa Cruz River Shared Use Path Phase III, Town of Marana Project No. PK006 (2009-153-016) (Barbra Bourne) C 3: Approval of October 1, 2013 meeting minutes LIQUOR LICENSES L 1: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Shiriey Copley on behalf of the Sunflower Culinary Club for a Holiday Dinner to be held on December 14, 2013. (Jocleyn C. Bronson) L 2: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by John Cammarano on behalf of the Public Safety Charitable Foundation for the Poker Run event to be held on November 2, 2013. (Jocelyn C. Bronson) BOARDS, COMMISSIONS AND COMMITTEE5 COUNCIL ACTION A 1: Ordinance No. 2013.024: Relating to Annexation; annexing into the corporate limits of the Town of Marana the territory known as Twin Peaks & Oasis Annexation being an area containing approximately 36.79 acres of land, including the adjacent rights-of-way, a 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. (Cynthia Ross, AICP) A 2: Ordinance No. 2013.022 (Revised): 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 05.1 U.O 1(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 (Revised�: Relating to Development; declaring as a public record filed with the Town Clerk the amendments adopted by Ordinance No. 20 T 3.022 (Revised}, 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 (Frank Cassidy) A 3: Resolution No. 2013-093: Relating to Personnel; approving and adopting a compensation philosophy for compensation of Town of Marana employees; authorizing the Town Manager to implement the compensation philosophy consistent with budget capacity and authority. Resolution No. 2013-094: Relating to Adrninistration; approving the transfer of $180,393 in budgeted expenditure authority from the General Fund general government Regular Council Meeting - October 75, 2013 - Page 3 of 129 (non-departmental) line item and the transfer of up to $95,000 in budgeted expenditure authority from the Development Services Admin budget to the wages and benefits line items within various Town departments in the fiscal year 2013-2014 budget for wage adjustments for various employees due to the implementation of a new pay structure (Suzanne Machain) A 4: Resolution No. 2013-095: Presentarion: Relating to Administration; approving the transfer of $100,000 in budgeted expenditure authority from the General Fund contingency line item to the restricted budget line items within various Town deparhnents in the fiscal year 2012-2013 budget for unanticipated costs (Erik Montague) A 5: Resolution No. 2013-096: Relating to development; approving and authorizing the execution of a retail development tax incentive agreement for the proposed development of Continental Ranch Parcel 60 located in the vicinity of the north intersection of Tiffany Loop and North Casa Grande Highway (Frank Cassidy) ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Relatin t� o Legislation 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 (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 l: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for legal advice with the Town Attorney concerning any matter listed on this agenda. 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 Councii Meeting - October 15, 2013 - Page 4 of 129 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, October 15, 2013, 7:00 PM To: Mayor and Council Item P 1 From: John Kmiec, Utilities Director Strategic Plan Focus Area: Community Strategic Plan Focus Area - Additional Information: Initiative l: Secure all necessary water resources and infrastructure. Subject: Presentation: Relating to Utilities; discussion, consideration and possible action regarding the concept of developing wastewater infrastructure from Saguaro Bloom development north into the Tangerine/Downtown alignment. Discussion: Marana Utilities and their consultants will present multiple financing options for the Town to consider as a possible direction for the development of a wastewater conveyance system from Saguaro Bloom into the Tangerine/Downtown alignment. Financial Impact: Estimated total costs for the project is approximately $10.4M. Conveyance estimate is $7.4M, with the portion of the treatment plant capacity upgrade attributable to the Saguaro Bloom area at approximately $3M. This will bring the total cost of the treatment plant capacity upgrade to approximately $12M. ATTACHMENTS: Name: Description: Type: No Attachments Available Staff Recommendation: Suggested Motion: Council's pleasure. Regular Council Meeting - October 15, 2013 - Page 5 of 129 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, October 15, 2013, 7:00 PM To: Mayor and Council From: Steven Cheslak, Planner I Strategic Plan Focus Area: Community Strategic Plan Focus Area - Additional Information: Item C 1 The Boulder Bridge Pass at Dove Mountain Final Plat promotes the Strategic Plan IPs Community Focus Area Initiative 4 through the further development of additional housing opportunities for residents. Subject: Resolution No. 2013-091: Relating to Development; approving a final plat for Boulder Bridge Pass at Dove Mountain, Lots 1-88, Block "1" and Common Areas "A" and "B". Discussion: Historv The amended Dove Mountain Specific Plan was approved by the Town Council on July 16, 2002 by Ordinance 2002.13. A Final Plat for pove Mountain Resort was approved by the Town Council on June 19, 2007 by Resolution 2007-112. R�Ce nest Baker and Associates is requesting approval of a resubdivision of a portion of the Dove Mountain. Resort Final Plat in order to create the Boulder Bridge Pass at Dove Mountain Final Plat on 44.5 acres. The plat consists of 881ots, Block 1 and Common Areas "A" and "B". Block 1 is planned as a future golf course parceL Location The site is located within the Dove Mountain Specific Plan area. The proposed subdivision is generally located five miles north of Tangerine Road on the north side of Dove Mountain Boulevard. Zonin� The zoning is "F" - Dove Mountain Specific Plan with a land use designation of "LDR" - Low Density Residential. The LDR designation minimum lot size required is 6,000 square feet with a cluster option that allows 4,000 square foot lots. The minimum lot provided in the plat is 7,387 square feet and the maximum lot size is 16,650 square feet with an average lot size of 10,022 square feet. Tr Access to the site will be off of Dove Mountain Boulevard. All internal streets are dedicated as common area private streets with this plat. ATTACHMENTS: Name: Description: Type: Regular Council Meeting - October 15, 2013 - Page 6 of 129 [� Reso 2013- 091 Boulder Bridqe Pass FP.doc Reso 2013-091 Resolution � PRV 13008 Boulder Bridqe Pass FP.pdf Final Plat 20131007 Backup Material f� Application.adf Appiication Backup Material L� Location Maq.adf Location Map Backup Material Staff Recommendation: Staff finds that the final plat is in compliance with the Dove Mountain Specific Plan, the Marana Land Development Code and the Marana General Plan. Staff recommends approval of this final plat. Suggested Motion: I move to adopt Resolution No. 2013-091, approving a final plat for Boulder Bridge Pass at Dove Mountain, Lots 1-88, Block "1" and Common Areas "A" and'B". Regular Council Meeting - October 15, 2013 - Page 7 of 129 MARANA RESOLUTION NO. 2013-091 RELATING TO DEVELOPMENT; APPROVING A FINAL PLAT FOR BOULDER BRIDGE PASS AT DOVE MOUNTAIN, LOTS 1-88 AND BLOCK 1 AND COMMON AREAS "A" AND "B" WHEREAS the amended Dove Mountain Specific Plan was approved by the Town Council on July 16, 2002, as Ordinance 2002.13; and WHEREAS, the Dove Mountain Resort Final Plat was approved by the Town Council on June 19, 2007, as Resolution 2007-112 and WHEREAS, the applicant, Baker & Associates Engineering, Inc. representing the property owners, has applied for approval of a plat for the resubdivision of the Dove Mountain Resort Final Plat, Block "E" and Block "O", to create the Boulder Bridge Pass at Dove Mountain Final Plat, which consists of Lots 1 through 88 and Block "1" and Common Areas "A" and "B", on 44.5 acres, and generally located five miles north of Tangerine Road on the north side of Dove Mountain Boulevard, within Section 22, Township 11 South and Range 12 East; and WHEREAS, the Town Council, at their regular meeting on October 15, 2013, determined that the Boulder Bridge Pass at Dove Mountain Final Plat, should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Boulder Bridge Pass at Dove Mountain Final Plat, Lots 1-88 and Block "1" and Common Areas "A" and "B", is hereby approved. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15�' day of October, 2013. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Marana Resolution No. 2013-091 Regular Council Meeting - October 15, 2013 - Page 8 of 129 �� v�. �..� ..• w r v � r.h. r v� •.•�� r.a er.. .• v�✓ � v� �v�� rv� ♦ v� � �'��w+. ��vYt�fv � S BEFORE THE RELEASF OF ASSURANCES ?EPRESENTS AN ARE4 THAT MAY 8E SUBJECT TO FLDODING FROM A tN THJS AREA WILL BE RESTRICTEU TO USES THAT ARE COMPATIBLE WITH BY TKE FL40D PtAlN ADMINISTRATOR. NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 23, T-11-S, �OS tAG�S AT DOVE MOUNTAIN, LOTS i-91, RECORDED IN ,BOOK 57 ► BEING N&9'S9'18"E SEE DETAIL, SHEET �6. 'TRICAL TRANSMISSiON L1NES CARRYIId� 4& KV OR GRFATER, AND THOSE RRENT OR FUTURE E�ECTRICAL TRANSMlSSION G'�RRtDORS, WITHJN OR tJNDERGR0UN0. � Ft)R EACH LOT ON SnE, OFF-STREEf. • DECLARATION OF COVENANTS, CONOiTIONS & RESTR/CTIONS FOR DOVE � PAGE 1083 , IRRIGv4�tON AND WAl.L.S, ETC., Wl1N1N THE PUBLIC RI�HTS-OF-WAY �IFM FOR /NSTi4LlATfON, A�IAINTENANGE AND INDEMNIFICATION. SPRlNKLER SYS7EM 8E lNSTALLED ON EACH HOME. CARRY K ROBERtS ARROYO ENGlNEERING, L.L.C. REGISTERED ENGIMEER N0. 2533� StATE OF ARIZONA TC�WN �.?F MARANA APPR f HEREBY CERTIfY THAT THE lNTER/OR SUBDMS REVIEWED AND SHOWN UNDER MY SUPERVISION WILtIAM H. QAKER, JR BAKER & ASSOCIATES ENGlNEERING, INC. RE�ISTERED LAND SURVEYOR ND. 16784 STATE OF ARIZONA 1 HEREBY CERTIFY THAT THE FLOODPRONE UMl i WERE REVIEWED AND SHOWN UNDER MY SUPE� Ci)C�)Vt- MCt`i)NIAIN FiL-;r�;f� F'' F F; M�� f' (� "' �' i 1 i . 1=> L(�> C; i� C�, ' r ��/� I nn nnwiw��' �•� u/ t�cr� uw uiv Ql: P. MARAN�4 TOWN/SUBO1ViSlON ENGtNFER 8Y A.I.0 MARANA PLAN .NING DIRECTOR �� ( HEREBY CEKTIfY THAT TNIS PIAT WAS APPROVEG \\ \ UNSU(->(�1VIUEt�) I(+)NIN(c;: ��F?E_C;IF 1C F?Ll1N , , ` , , , , ��6 88 � �' � '�� y,� C . � � . �,, �� , o �"'� \ �---''� �15� � ` �•' `t� $ F1 �.5.�. 1'''� /,/ 1 �.; � �° � N� �� ` �. , , �/ ' `�. ` �, / � � � / � i / � \ � / �\ n LOT 87 \� � 7768 SF � � � f , f,,, .� '' � 1�'�� i E C i53 , . / ,� , a �• ` ! . -� � �y�y � � c�2 6� � � y p. �" s78 `' 1 , 1 w� �� i i � 1 � � � � � � �, \ �� \ � �� \ � �� Lor es 8251 SF , Cj � �� C72 � � LOT 85 7491 SF a �` $ � 2 t�r � �° "'cs� 7625 SF `'<.r .$ � � � _!� . i 1 � , .a % �,. „� � /. �, � � � / �� / �i � , � , �� , �� , f �. _— � � � —''� i ��, A / �i �� i .� .- -' �. — — _ —____ _ --�._ _ .� • 54 '32 , , �- � � ... -' `� R .:590 p p ` ..,.,,� _ � � �.- -- —'' _ ... . � =39p,�3 , 1'�-... � � � i "'"� ` `— '' � / � � '`\ � ` � / � '' � �� / , .. ....�. _____ / +... / /� ��` �"� „�' / / �� / `+•� .,,�` / / / L+8 / ,�""� ,C `�� 3fPt�(�O�B� t�ILGcIGM � / `"�•. � / , i �. ` �` / ,\ . �/ �i� . � \' -`r8, � , � � _ R; ��9 ' �.. . 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Case: RRV-13008F Boulder Bridge Pass at Doue Mountain, — 88, Final Plat °``'_`'� �' """"�°" Request: Appro�rai of a finaf pfat for the resubdivision o# the Dove Mountain Resort Final Plat Regular Council Meeting - October 15, 2013 - Page 18 of 129 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, October 15, 2013, 7:00 PM To: Mayor and Council From: Barbra Bourne, Real Property Acq. Agent Strategic Plan Focus Area: Recreation Strategic Plan Focus Area - Additional Information: Item C 2 Recreation-Initiative 1: Develop quality parks and recreation amenities. a.) complete path, greenway and trail linkages with parks, recreational facilities, schools and other public infrastructure within Marana. Subject: Resolution No. 2013-092: Relating to real estate; authorizing the acquisition by-negotiation or condemnation of lands and property rights needed for the Santa Cruz River Shared Use Path Phase III, Town of Marana Project No. PK006 (2009-153-016) Discussion: The Town must acquire additional rights-of-way, easements and other property rights as needed to eonstruct and maintain the Santa Cruz River Shared Use Path Phase III, Town of Marana Project No. PK006 (2009-153-016). The Town shall negotiate the purchase of the needed lands and property rights and will retain an independent fee appraiser to appraise the properties. In addition, the Town will file an application with Arizona State Land Department for non-motorized right-of-way, which is subject to appriasal by state- employed appraisers and the public auction process. Town staff and attorney will make every reasonable effort to avoid condemnation action. If staff is unsuccessful in negotiating acquisition of needed property rights, the Town may bring an action under the power of eminent domain, obtaining immediate possession of the needed lands and property rights in order to adhere to the project construction schedule. Property will be acquired for its fair market value, based on an independent fee appraisal and on a determination of just compensation by the Court or jury. If necessary, Town staff and attorney requests authority from Mayor and Council to bring condemnation actions to acquire lands and property rights for the Santa Cruz River Shared Use Path Phase III, Town of Marana Project No. PK006 (2009-153-016). Financial Impact: This project commits to an expenditure of funds from the Santa Cruz River Shared Use Path Phase III, Town of Marana Project No. PK006 (2009-153-016). ATTACHMENTS: Name: Description: Type: Regular Council Meeting - October 15, 2013 - Page 19 of 129 � Reso 2013- 092 SCR Path III acquisition condemnation Reso 2013-092 (00035486).doc Resolution [� Aqqendix 1 Proiect Area Mao.pdf Multiuse map path 20130927 Backup Material Staff Recommendation: Staff recommends adoption of Resolution No. 2013-092 by Mayor and Council authorizing acquisition of needed property by negotiations or condemnation of lands and property rights needed for the Santa Cruz River Shared Use Path Phase III, Town of Marana Project No. PK006 (2009-153-016) Suggested Motion: I move to adopt Resolution No. 2013-092 Regular Council Meeting - October 15, 2013 - Page 20 of 129 MARANA RESOLUTION NO. 2013-092 RELATING TO REAL ESTATE; AUTHORIZING THE ACQUISITION BY NEGOTIATION OR CONDEMNATION OF LANDS AND PROPERTY RIGHTS NEEDED FOR THE SANTA CRUZ RIVER SHARED USE PATH PHASE III, TOWN OF MARANA PROJECT NO. PK006 (2009-153-016). WHEREAS the Town of Marana needs to acquire certain rights-of-way, easements and other property rights to construct the improvements needed for the Santa Cruz River Shared Use Path Phase III, Town of Marana Project No. PK006 (2009-153-016), (all of which interests in real estate are collectively referred to as the "Needed Property"); and WHEREAS the Mayor and Council of the Town of Marana find that the acquisition or condemnation of the Needed Property is necessary for the public health, safety and welfare of the citizens of Marana. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. Town staff is hereby authorized and directed to negotiate the Town's acquisition of the Needed Property for its fair market value as determined based on an independent fee appraisaL Section 2. Town staff is hereby authorized to execute on the Town's behalf any and all documents necessary to acquire the Needed Property for its fair market value as determined based on an independent fee appraisal. • Section 3. If Town staff is unable to acquire the Needed Property by negotiation, the Town Attorney is hereby authorized and direeted to bring an action under the power of eminent domain to acquire the Needed Properly for just compensation as determined by the Court or jury. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15�' day of October, 2013. ATTEST: Jocelyn C. Bronson, Town Clerk Resolution No. 2013-092 Regular Councif Meeting - October 15, 2013 - Page 21 of 129 Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney 9/23/2Q13 3:51 PM BLB FJC REGULAR COUNCIL MINUTES 11555 W. Civic Center Drive, M; Council Chambers, October 1, 20; CALL TO ORDER A►�� p.m. Records Adminis Member C�� ►�d w �� .�;�'`� PLED ALLEG� both the �� Troop . .. �� °�,,. . � _ APPROVAL O�'>� Council Member Ed Hone Jon Pos�� _y David Bowen; i Patti Comerford, ��b Kai, Co . Vice H. His � Mayor icil Member a 85653 7:00 PM 'ost caT��the meeting to order at 7:00 roll. Mayor Honea and Council I1t��NT OF SILENCE, Vice Mayor Post invited in attendance, to lead the Pledge of to approve by Council Member McGorray, second by CALL TO THE PUBLI�� '�Vlorales spoke regarding the regional trend to incorporate green h � energy solutions. He specifi�� cited several regional public bodies that recently added solar panels to their facilities. Mr. Morales concluded by encouraging the Council to investigate geen energy solutions for Town properties. PROCLAMATIONS Start By Believing Public Awareness Campaign MAYOR AND COi7NCIL REPORTS: SUMMARY OF CURRENT EVENTS. None. Meeting Minutes —10/1/2013 1 Regular Council Meeting - October 15, 2013 - Page 23 of 129 MANAGER'5 REPORT: SUMMARY OF CURRENT EVENTS. None. PRESENTATIONS P 1: Relating to Utilities; presentation on options to acquire wastewater assets and effluent return flow from Saguaro Bloom Development and adjacent service area. Presented by John Kmiee. Mr. Kmiec indicated his presentation was a follow-up to information presented to the Council during a study session regarding a new wastewater service route for the northern portion of Marana. Mr. Kmiec presented for Council consideration two Saguaro Bloom wastewater service alternatives. Each alternative's feasibility was assessed based on several factors: ease of property/easement acquisition, project timeline, project cost, the total planning horizon using a ten year framework, ensun��,�`��dy development, and the total return on investment. The first alternative, the Avra Valley Alignment, has an e: requires construction oftwo additional lift stations with� current and future flow. Mr. Kmiec noted this alt�t��e Road and allow the Town to serve the Saguaro B1t�� De� most expensive and the Town does not project growtl�°��; planning window. This alternative requites extensive ease Department which process applications �� ' ',_ um of 12 a and Ziegler all expressed concerns rega�c��tg �'� l��lihoc �� :., addition to the acquisition costs. Frank Ca��dy c��t] be a commercial lease costu� �� Town a fix� �mount pi � Cassidy and Mr. Kmie� �' at the ye leas� � The second alternative; and the new sewer con: current infra�rue�ir�r;.: ten year � for the '�'�� : with prival alternative return on inves perceived ten year 1 development. How roughly 24 months. m � new coii� Mr. Kmiec ''' ��frame. He ti��ed prt�� cost of $11.4 million and �ectional flow°, ersion to accommodate would provide s service along Avra Alley this that the Convers�� this alternative is the n�nent route dut'i�:g its ten year isition from the Ar�na State Land ths. Council Mem6ers Bowen, Kai, approval for the easements in �nent sought from the State would n�� life of the sewer's use. Mr. icluc�� in the project estimate. 3�wntown A��nment, has an estimated project cost of $7.4 million �%� ,areas, wilY�� into the existing system, thus taking advantage of � ,.. ic� ' this vt��,., the preferred alternative that meets the Town's �.; � to its de�� co�;` Mr. Kmiec explained easement acquisition �� vas simpler �cause the majority of right-of-way actions are 'o�t�'� Flood Control regarding the Santa Cruz River. T'his �ervi� � an area with projected development generating a future �ncede there is no guarantee that developrnent will follow the admitted the Town's return on investment is dependent upon i stress to the Council the project timeline from start to finish is Mr. Kmiec reminded the Council the final cost of the Tangerine/Downtown Alignment includes the project cost of $7.4 million plus $12 million for the full treatment plant expansion ($9 million for the original treatment plant expansion plus roughly $3 million expansion cost associated with serving Saguaro Bloom) of the wastewater treatment facility totaling $19.4 million when completed. Council Member Bowen requested clarification regarding the treatment plant's expansion. Mr. Kmiec indicated the full expansion for the treatment plant was required to accommodate larger capacity load for projected development in the area. Council Member Kai followed-up with an inquiry regarding the current pipeline load capacity. Mr. Kmiec affirmed that the current size would accommodate the ten year planning horizon. Meeting Minutes — 30/1/2013 Regular Council Meeting - October 15, 2013 - Page 24 of 129 2 Council Member Ziegler inquired about the manner and timeline for collecting impact fees for the sewer hookups. Mr. Kmiec explained the Town collects impact fees after construction completion and the flow load transfers to the Town. Council Member Bowen requested further explanation regarding the method of payment for the project, specifically, if developers or the Town pay upfront construction costs. Mr. Kmiec stated the method of funding was yet to be determined, but the impact fees associated with development reflect the services provided. Although the Town has no control over the rate of development in the area, Mr. Kmiec emphasized by providing pre-built water and sewer infrastructure will help attract future development. Vice Mayor Post expressed concerns about the final distribution ta�' ,,. to cover incurred costs of construction. Council Member Ka��l��'rtic the total cost of construction compared to the impact fee as ��t��u�i current economic conditions. Mr. Davidson reminded ��"incil t� � investigate shovel ready projects for development. I�€��r, due to the development, several prospective companies pass� �� Town sites. Mr. I of the current $4,500 impact fee ulated apprehension regarding planned development based on �� previously instructed staffto � ��f infrastructure Da�� cited Grand Canyon y ,: University as the most recent example of a missed c� .;�lopment opportunity �� "� il Member Ziegler agreed with Mr. Davidson stating the Town's opportun�� or gro� is dependent having the �, infrastructure in place to attract busines�.� ,,,;,, �.�: Council Member Bowen returned to the i� projected homes for development in the a�r�e�� 1,800 homes, but the area c ommodate ��,,� �. recoup the costs. Mr � `� ated that but once in place the �° will al °capturf ��. �. �,� . Bowen again returned to " opic of mg i on this alignment alternativ � V\ s � � � � �� as, enginee��;" �° ,, " o mo��„_,_ ,��:� Councal ��er Ziegler Tangerin pwn Al � �,�� Member Kaa vo gai� �: CONSENT AGEND Member Ziegler. Pass� fees v��g to know the estimated number of w informe�;� Council the minimum estimate is E hme � e impact fee structured to �`� ct fe is dependent on construction, � �s �s and as��#ed fees. Council Member the Town has the financial capacity to embark own has legal capacity to do the project, as well t�ouncil direction to continue investigating to investigate the funding options for the �nber McGorray seconded Passed 4 to 1 with Council by Council Member Bowen, second by Council C 1: Resolution No. 2013-086: Relating to Parks and Recreation; approving and authorizing the Mayor to execute an agreement to terminate the Habitat Preservation Agreement relating to Tortolita Preserve C 2: Resolution No. 2013-087: Relating to Economic Development; approving the transfer of up to $200,000 in budgeted expenditure authority from the general fund contingency line item to the budget of the Construction and Inspection Division of the Engineering Department for expenses related to construction of a new entrance monument and related vegetation and landscaping at Sandario and Marana Roads Meeting Minutes — 30/1/2013 3 Regular Council Meeting - October 15, 2013 - Page 25 of 129 C 3: Resolution No. 2013-088: Relating to Development; adopting a notice of intent to enter into a retail development taac incentive agreement for the proposed development of Continental Ranch Parce160 located in the vicinity of the north intersection of Tiffany Loop and North Casa Grande Highway C 4: Resolution No. 2013-089: Relating to the Police Department; approving and authorizing the Chief of Police to execute a memorandum of understanding with the Yuma Regional Communications System for the use of a system-wide calling channel C 5: Resolution No. 2013-090: Relating to Community Development; approving and authorizing the Mayor to execute a Grant-in-Aid Fiscal Agent Agreement between th�.Tohono O'odham Nation and the Town of Marana on behalf of the Marana Heritage Conservancy fc��^;��poses of funding the Heritage on Wheels program C 6: Approval of September 19, 2013 Special Council LIQUOR LICENSES ��: . �� :_;: BOARDS, COMMISSIONS AND COMMITTEE�°;, COUNCIL ACTION A 1: Relating to Development; motion adopted on September 3, 2013, for the li: marijuana dispensary shall G��te all n Cassidy. Mr. Cassidy ��t� � mc limits local disnensari�� tp sell onlv �l ordnance will still prohi��G 'rd party c�� site cultiv ability to purchase medicah Itivate� ��site by � � %� s � �� Public sp�� ric1 loc�l:�pens��vner, Mi�� ardinat�:�assed on Sept��er 3, 2�� was in opp required nur. dispensaries Council Member .022 and Resolution 2013-084 =�quirement that a medical R� on-site. Presented by Frank ;.; �o�cil to remove language that Cassidv assured the Council the in Marana, but will not limit the dispensaries' licensed dispensaries from across the state. �r'dt, commented that the wording of the to the current state law governing the sale and stressed that it is physically impossible to cultivate the ed to remain profitable, thus effectively putting the two if the Council reconsiders the motion to modify the ordinance it will: one, continue to all °; ��ultivation at the dispensaries, two, dispensaries would be allowed to import medication from other��spensaries, and three, the Town would still prohibit off-site cultivation within its jurisdiction. Mr. Schmidt affirmed that position and assured the Council his operations are highly regulated by the Arizona Health Department and the facility's security is state of the art ensuring proper medication control during cultivation, transportation, and sale. Mr. Schmidt concluded his comments by answering Council Member McGorray's question regarding the regulation of off-site cultivation. He informed the Council the State grants each governing body the option of allowing off-site cultivation within its jurisdiction, but does not allow private individuals to grow medication and sell to dispensaries without the proper state approval and licensing. Meeting Minutes —10/1/2013 medical Regular Council Meeting - October 15, 2013 - Page 26 of 129 Council Member Ziegler asked a procedural question regarding the motion and Mr. Cassidy explained the Council needs to reconsider the ordinance in its entirety thus suspending its implementation to allow the Council to revise the language. Mr. Cassidy further explained that if the Council were to allow the ardinance to take effect first, the ability to revise the language would be postponed by several months because the process would have to start from the beginning to amend the ardinance. The motion to reconsider thus addresses the issue in a timelier manner. Speaker Ken Sobel, who represents the Dispensary Owners of Arizona, addressed the Council in support of the revised language. Mr. Sobel stated each variety of inedicine cultivated is used for a variety of ailments and licensed dispensaries require access to the different str to meet the needs of their �wy patients. Mr. Sobel also emphasized the dispensaries operations e positive financial benefits to the communities they serve as a highly taxed revenue source. Motion to reconsider Ordinance 2013.002 and 1� Council Member McGorray, second by Council ITEMS FOR DISCUSSION/POSSIBLE EXECUTIVE SESSIONS E 1: Executive Session pursuant to A.� � 31.03 (A consultation for legal advice with the Tovv�'tr ,�ttc��nce FUTURE AGENDA Notwithstanding the r Council members req� second regular Town Section 2-4-2(�.� ..._ I hereby certify t held on October l, an foregoing ��I further placed er the � on September 3, 2013 by may ask for discussion or tter listed on this agenda. ed o� the agenda, if three or more rt��'�e placed on the agenda for the request, pursuant to Marana Town Code true and correct minutes of the Marana Town Council meeting that a quorum was present. Hilary H. Hiser, Records Administrator for Jocelyn C. Bronson, Town Clerk Meeting Minutes —10/1/2013 Regular Council Meeting - October 15, 2013 - Page 27 of 129 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, October 15, 2013, 7:00 PM To: Mayor and Council From: Jocleyn C. Bronson, Town Clerk Strategic Plan Focus Area: Not Applicable Item L 1 Subject: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Shirley Copley on behalf of the Sunflower Culinary Club for a Holiday Dinner to be held on December 14, 2013. , Discussion: This application is for a special event liquor license on behalf of the Sunflower Culinary Club for a Holiday Dinner to be held on December 14, 2013. The applicant has also applied for a special event permit from the town, pursuant to Chapter 10-6 of the Marana Town Code. special event liquar license is a temporary, non-transferable, on-sale retail privileges liquor license that allows a charitable, civic, fraternal, political or religious organization to sell and serve spirituous liquor for consumption only on the premises where the spirituous liquor is sold and only for the period authorized on the license. Qualifying organizations will be granted a special event license for no more than ten (10) days in a calendar year. Events must be held on consecutive days and at the same location or additional licenses will be required. The license is automatically terminated upon closing of the last day of the event or the expiration of the license, whichever occurs first. The qualified organization must receive at least twenty-five percent (25%) of the gross revenues of the special events. Pursuant to state law, a person desiring a special event liquor license must request a special event application from the Department of Liquor Licenses and Control (DLLC). The applicant then must file the application with the town for events occurring within the town's limits. The town may then recommend approval or disapproval of the special event liquor license. If the special event liquor license application is approved by the Town Council, and the event meets the requirements for granting the license, the director of the DLLC will issue a special event liquor license to the qualifying organization. If the application is disapproved by the Town Council, the DLLC will normally not consider the application. ATTACHMENTS: Name: Description: Type: � Sunflower Cuilinarv Club 20130924 redacted.�df Sunflower application Cover Memo Staff Recommendation: Staff recommends approval of the special event liquor license application Regular Council Meeting - October 15, 2013 - Page 28 of 129 Suggested Motion: OPTION 1: I move to submit to the DLLC a recommendation of approval of the special event liquor license application submitted by Shirley Copley on behalf of the Sunflower Culinary Club for a Holiday Dinner on December 14, 2013. OPTION 2: I move to disapprove the special event liquor license application submitted by Shirley Copley on behalf of the Sunflower Culinary Club for a Holiday Dinner on December 14, 2013 Regular Council Meeting - October 15, 2013 - Page 29 of 129 �� a � � s - �� ► m s s � � � �� : • �t � �r� � _ a� � • ~ e'�� * * � + a�� o �-� _�� , �_ � �� s, �r � � �e� a -s' � 1 #a a� � ��„� ��,��. • ° � a �� w � r�� s �� r �� u �,_ �, � ��,� _,� � _ .. _ � � �a" ��#t :. •! i «Y! r�^°sa ° s�� s ��♦ �� • - ° a��r �t� s� ♦ ��` � s - s s�' °a � a ..i � �: a �� ; a. � . : � + � � °� �r �"* ' y�. .�. > £. �- � "" i . .� � � � �� . � � r w w / : A +f � ! � �� #� ti e . .� � �, ,� �. .� � d� .: ' �.� � �r"�Cd1k�* _ _ _ �ercerrtag�. _ � �� . (AC� � t?Ci�� S�tB�t � ��y} � , _�.- . � � . - _ ,� � . _ , � .. # • • s� °�� s�� s � a _�s r'� a° s t a�..a_ � �. s� • �r s ar � ' ' � $f . 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Regular Council Meeting - October 15, 2013 - Page 31 of 129 �' j .� � iP s ! } w j; E � �.�� a Q�.. � � ° � �� .� s � �� .� ° a � � ��.� � o°- - �'�• . t � r r v s ,:s- ♦' � r - • rt • � � ♦�� a �a � s� •.�a� a� ♦� s�-� ..z� - 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, October 15, 2013, 7:00 PM To: From: Mayor and Council Jocelyn C. Bronson, Town Clerk Strategic Plan Focus Area: Not Applicable Item L 2 Subject: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by John Cammarano on behalf of the Public Safety Charitable Foundation for the Poker Run event to be held on November 2, 2013. Discussion: This application is for a special event liquor license on behalf of the Public Safety Charitable Foundation for the Poker Run event to be held on Saturday, November 2, 2013 from 12:00 p.m. to 8:00 p.m. at 7355 N. I 10 Frontage Road. The applicant has also applied for a special event permit from the town, pursuant to Chapter 10-6 of the Marana Town Code. A special event liquor license is a temporary, non-transferable, on-sale retail privileges liquor license that allows a charitable, civic, fraternal, political or religious organization to sell and serve spirituous liquor for consumption only on the premises where the spirituous liquor is sold and only for the period authorized on the license.Qualifying organizations will be granted a special event license for no more than ten (10) days in a calendar year. Events must be held on consecutive days and at the same location or additional licenses will be required. The license is automatically terminated upon closing of the last day of the event or the expiration of the license, whichever occurs first. The qualified organization must receive at least twenty-five percent (25%) of the gross revenues of the special events. Pursuant to state law, a person desiring a special event liquor license must request a special event application from the Department of Liquor Licenses and Control (DLLC). The applicant then must file the application with the town for events occurring within the town's limits. The town may then recommend approval or disapproval of the special event liquor license. If the special event liquor license application is approved by the Town Council, and the event meets the requirements for granting the license, the director of the DLLC will issue a special event liquor license to the qualifying organization. If the application is disapproved by the Town Council, the DLLC will normally not consider the application. ATTACHMENTS: Name: Description: � Poker Run Public SafeN Charitable Foundation 20131001.odf Public Safety application Staff Recommendation: Type: Cover Memo Regular Council Meeting - October 15, 2013 - Page 34 of 129 Staff recommends approval of the special event liquor license application Suggested Motion: OPTION 1: I move to submit to the DLLC a recommendation of approval of the special event liquor license application submitted by John Cammarano on behalf of the Public Safety Charitable Foundation for the Poker Run event on November 2, 2013. OPTION 2: I move to disapprove the special event liquor license application submitted by John Camrnarano on behalf of the Public Safety Charitable Foundation for the Poker Run event on November 2, 2013. Regular Councii Meeting - October 15, 2013 - Page 35 of 129 1 ! � � � � � l ~ � � � � ♦ � 3R � � �E.'�.' = MCIT�: TN15 �?4��lM��i1 �*App 1ca�r�� rnu�t kre ap��c►�ec� C)epartm�nt o# �.iquc�r l.i�et�s�s � 1. I�i�m� c�f �3rgan`rzatior�: 2. Nc�n-Prcr�itll.R�S. Taa� E�cernpt N�mber. � �° �. 1`he �rc��ni�ation is a: (check c�ne bo�c �rn#y) ��h��it�bt+� ��r��f �mu�� t�at�� r��l�r m�r�n�r�hip an�t i� ��s��n� f�r over 5 ye�rs� ["� �ivic ('� �t�ligic�us �j F'Qlifi�l P�rty; Ba61s�t Measur�, c�r°�arnpaign Corrtmlttee 4� iNhat is th� purp�s+� of this ew�r��'��'ort-�it� �c�nsumption: �J c�ff site cc�nsum�i�n �auctian) Q bc�th �. Lc��tic�n �f #he �vent: �. Appti�at�t: 7. �p��i�ant's M�iiit�c� Adcires�: ► 8. F'h+�n� �+lur�bers: {� �' ��...� /` "` � :� �'°� _ �'�r� } � �,� Y�� C�.�c� � `��L� � .,��";�.� � �ite CSu�m�r # _ ��iir�n#'s �usi�ss # Applicar�Y's Home # �'�' �►. �a#�(s� F� N�ur� �f Eu�nt: ��e �.��s. a�-2�� } �nd {�� r i��a� r�our� c�f s��c�> {...�r�� '�'A�.'�t� `�: t�� C�� # 11��k Hc�ur� fr+�m �.M .M: Ta A.M '. �?ay 1: 1 f „�� .: �t� f � �` ` � D�y �� _ Day 3: _ C}�y 4: �a�r �: ��y �; ��y �: a�� s: a�y �: r��y � �; F1C1oC �� , 5 :, -29�4 _ , ; , , .� � �; `� '� � � � �"a�urri n� 6��r�� : ��.;..: �E�rk`� t� � ��, ��:� �` ( ±��Fl�� Ci��/ ;t��.CI'leGk� {A.R.�.§ 44-6852) t� IT WIL� E3E F�ETURN�D, t0 I}T,LC US� 4S�T�,`I : � LICEI�`S� # Date of Birth *Dts�t�ted ` d' "d 1s . . . 1 d , � : �1 +Gt12 �t2 90�'� _ ��pt�mber 2011 kn rvr u� �eqcc��a�� speera �c��m�o at��ans, p�a�e �a ( } - Regular Council Meeting - October 15, 2013 - Page 36 of 129 10 11. Has the applicant been convicted of a felony in the past five years, r ad a liquor license revoked? � YES [�NO (attach explanation if ves} This organization has been issued a speciai event license for days this year, including this event (not to exceed 10 days per year). 12. Is the organization using the services of a promoter or other person to manage the event? 0 YES �' NO If yes, attach a copy of the agreement. 13. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. THE ORGANIZATION APPl.Y1NG MUST RECEIVE 25% OF THE GROSS REVENUES OF THE SPECIAL EVENT LtQUOR SA�ES. � p_'��7_" Peroentage Name G Address Name Percentage Address (Attach additional sheet if necessary) 14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations. If you have any questions regarding the law or this application, please contact the Arizona State Department flf Liquor Licenses and Control for assistance. NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CC?NSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES.° 15. What security and control measures will you take to prevent violations of state liquar laws at this evenY? (List type and number of security/police personnel and type of fencing or control barriers if applicabEe) C� # Police Fencing �-# Security personnel �Bar�iers _ c��S w /..i �� • C 16. Is there an existing liquor Iicense at the location where the special event is being held? If yes, does the existing business agree to suspend their liquor license during the time period, and in the area in which the special event iicense will be in use? {ATTACH COPY OF AGREEMENT) i ■ I • ❑ YES � NO �_ � Name o Business Phone Number 17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of yaur license. The following page is to be used'to prepare a diagram of your special event licensed premises. Please show dimensions, senring areas, fencing, barricades or other controt measures and security positions. Regular Council Meeting - October 15, 2013 - Page 37 of 129 � 8 . (, �� ¢ �` ' �`�f� ,�,�,f..�`L .�.�'� tiectar� fR� I am an �i�icerlDir�ctorlCha�rpersvn appotn#irtc� the n fuM name} _ app�icant '�d i€�ue�tiar� 6� fc� apply an behatf of the f�rr�gc�ing organiaatic�n for a�p�cia�! �venf l.iqu€x' i�it�ns+�. X � - f� c-2 �'� �•',� � �'C;7 l� ; ��-�: �r`� : } N "° �.,�'(�'' �� ,�... � _ (Ti#feJ�' tt' ) �al � at€�) �� C�iP o � _ _ �� " .� r�. caroi� �. ��3ta� Co�nty c�f "7� s....�.. r�o�a�+ ��rt� - �a�i�� na cou�y °Che fQr�g�r�g it�strument ti�r�s �kru�wledgecf before me thls �� I�Y GommESSlon �xp#�s ,.,,,..a, ,�} �,., . Apri! +1, 2U14 � � ��- , ,�` i` _ Y M th Y�ar �E M� �amrr��ssio� �acpire� on: `� � �„ .�' �-�- ; ` � �#�)' (aignature ctf i�Q �tY F�UB i�} 1�t �� '� `� � � declare �t � am th� API��fCA�!'t" �ting tF�is ap�alic�tia�n as tPr` � name} ti��d ir� Qt��,` �t� �� I have read th� ap�l�c�ticyn and the cr�n�entr ar�d �It statemenfs are true, c,�rrrect and c�mplete: S�afe af ��- l�,� ,� County 4f �, '��t8 fbt'�+Ultt� friS��t�tC►1@t'1t WF1S +r�f.�C110W�8C�� L7fH tT#8 f�liS _ ....T.. � � .� f - �°� . , .� � f'" �" _ ,r �v , � M�nth � �' � '��ar �. �i �. ��/��7 �Q�� l�1��/�1�. ��' 2�►'. 1, _ _ h�r�ek� r�trr��r�d #h#s special euernt appiica#ic� (G�vernmenf f�ffrciai} (1`i#Ie) c� b�hS� t�f _ (G�#y, T`own or C€�ur�tyj {uignature of C7FFIGIAL) _ (bate) �t�R I�LL� DEPAt��iUf�l�tT US� QNLY' C�ep�rtment Comrr►ent Sectiort: Em lo e�e �ate � <..-+r� r p� # ..«..t►� � ;�° M. ° Regular Council Meeting - October 15, 2013 - Page 38 of 129 Regular Council Meeting - October 15, 2013 - Page 39 of 129 i1 1 Regular Council Meeting - October 15, 2013 - Page 40 of 129 r � 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, October 15, 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: Community Initiative 4- To develop diverse housing opportunities for residents to promote the development of a balanced portfolio of housing to meet the future needs of Marana residents. Subject: Ordinance No. 2013.024: Relating to Annexation; annexing into the corporate limits of the Town of Marana the territory known as Twin Peaks & Oasis Annexation being an area containing approximately 36.79 acres of land, including the adjacent rights-of-way, a 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. Discussion: The Twin Peaks & Oasis Annexation ordinance proposes to annex approximately 36.79 acres located on the northeast corner of Twin Peaks & Oasis Road within a portion of Section 14, Township 12 South, Range 12 East, of the Gila and Salt River Meridian. A parcel map is included in the backup materials. The TwinPeaks & Oasis Annexation is located in unincorpated Pima County, is contiguous to the Town's corporate limits, and is within the Planning Boundaries of the General Plan Planning Area. All notification requirements have been properly complied with for this annexarion as set forth in A.R.S. § 9-471. The blank annexation petition was recorded with the Pima County Recorder's Office on August 9, 2013. The Town Council conducted a public hearing for this annexation on September 3, 2013. The signed annexation petitions were recorded with the Pima County Recorder's Office. The Town has received signed petitions representing over 50% of the property owner and over 50% of the real and personal property value. In the County, this property is currently zoned Suburban Ranch (SR), a residential zoning designation with a minimum lot size of 144,000 square feet (3.3 acres). In order to establish Town of Marana zoning that equates to existing Pima County zoning without allowing densities greater than those permitted under the current zoning, the annexation area zoning will translate Pima County Suburban Ranch to Town of Marana R-144 Residential (which allows one residence per 144,000 square feet). Financial Impact: Infrastructure costs to serve the property should be offset by development impact fees. Home construction will be subject to the Town 4% construction sales tax. ATTACHMENTS: Regular Council Meeting - October 15, 2013 - Page 41 of 129 Name: Description: 0 Ord 2013.024 Twin Peaks Oasis Annexation Ord 2013.024 (00035444-2).doc � Exh A to Twin Peaks and Oasis Leaal Maa.adf Exh A to Annexation Ord_Map and Depiction [� New letters ooposition annexation.�df Recent letters of opposition to annexation d Previouslv letters oaposition 4 public hearina.odf Previous_letters_opposition_annexation � ais.adf Signed annexation petition, legal description and map L� centurvlink.pdf Signed annexation petition, legal description and map � swQas.adf Signed annexation petition, legal description and map � siQned waiver of Gaims dimunition value.pdf Signed waiver of claims/possible dimunition of value Type: Ordinance Exhibit Backup Material Backup Material Backup Material Backup Material Backup Materiai Backup Material Staff Recommendation: Staff recommends adoption of Ordinance No. 2013.024, approving the Twins Peaks & Oasis Annexation. Suggested Motion: I move to adopt Ordinance No. 2013.024, annexing into the corporate limits of the Town of Marana the approximately 36.79 acre Twin Peaks & Oasis Annexation. Regular Council Meeting - October 15, 2013 - Page 42 of 129 MARANA ORDINANCE NO. 2013.024 RELATING TO ANNEXATION; ANNEXING INTO THE CORPORATE LIMITS OF THE TOWN OF MAR.ANA THAT TERRITORY KNOWN AS TWIN PEAKS AND OASIS ANNEXATION BEING AN AREA CONTAINING APPROXIMATELY 36.79 ACRES OF LAND, INCLUDING THE ADJACENT RIGHTS-OF-WAY, A 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. WHEREAS petitions in writing, accompanied by a legal description and map of the real property sought to be annexed as part of the Twin Peaks & Oasis Annexation, have been filed and presented to the Mayor and Council of the town of Marana, Arizona, signed by the owners of more than 50% of the value of the real and personal property and more than 50% of the persons owning real and personal property that would be subject to taxation by the Town of Marana as shown by the last assessment of said property, said property being contiguous to the Town of Marana and not now embraced within its limits, asking that the property be annexed into the Town of Marana and to extend and increase the corporate limits of the Town of Marana so as to embrace same; and WHEREAS the Mayor and Council of the Town of Marana, Arizona, desire to approve the Twin Peaks & Oasis Annexation and extend and increase the corporate lirnits of the Town of Marana to include said territory, which is approximately 36.79 acres generally located on the northeast corner of Twin Peaks and Oasis Road, described and depicted in Exhibit A attached to and incorporated in this Ordinance by this reference; and WHEREAS the Twin Peaks & Oasis Annexation is an area within portions of Section 14, Township 12 South, Range 12 East, of the Gila and Salt River Meridian, Pima County, Arizona; and WHEREAS the petitions set forth a true and correct description of a11 the exterior boundaries of the entire area of the proposed Twin Peaks & Oasis Annexation and had attached thereto at all times an accurate map of the territory desired to be annexed; and WHEREAS no alterations increasing or reducing the territory sought to be annexed have been made after the petition was signed by any owners of real and personal property in such territory; and WHEREAS the Pima County zoning classifications on the property prior to annexation were (SR) Suburban Ranch; and WHEREAS in order to establish original Town of Marana zoning without permitting densities or uses that are greater than those permitted in Pima County, the portions of the Twin Ordinance No. 2013.024 - 1- 10/8/2013 9:09 AM CR/FC Regular Council Meeting - October 15, 2013 - Page 43 of 129 Peaks & Oasis Annexation zoned SR by Pima County will translate to Town of Marana R-144 Residential zoning; and WHEREAS the provisions of A.R.S. § 9-471 have been fully complied with; and WHEREAS proper and sufficient proof of the foregoing facts are now on file in the office of the Town Clerk of the Town of Marana, together with true and correct copies of the signed annexation petition, the original of which has been recorded in the office of the Pima County Recorder. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. The territory known as the Twin Peaks & Oasis Annexation, described and depicted in Exhibit A attached to and incorporated by this reference in this ordinance, is annexed into the Town of Marana and that the present corporate limits are extended and increased to include the described area. Section 2. This Ordinance shall be forthwith filed and recorded in the office of the County Recorder of Pima County, Arizona. Section 3. On the effective date of this Ordinance, the zoning of the Twin Peaks & Oasis Annexation territory shall be Town of Marana R-144 Residential. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 15�' day of October, 2013. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk Ordinance No. 2013.024 APPROVED AS TO FORM: Frank Cassidy, Town Attorney -2- 10/8/2013 9:09 AM CR/FC Regular Council Meeting - October 15, 2013 - Page 44 of 129 ' �� C1V1� ��l�Ih�EERiNG • EAND SURVEYENG W C� � � W � ❑ E�HIBlT A � . . : . � : � �'�� : � Aii that cert�in reat prt��erty situate in the County c�f R�ma, �tate c�f 1�, T�swriship 12 �outh Range 12 Ea�t, Gila and S�it Ri�ver Meridi� d�esoribed as fc�llcra�r�; Crt�rnmenc�rtg at � 3�1J4" atumtnum cap on a 5�"x 24" rod beari� i �t�6294 which rep�cessnt� f�e center one-c{uarter corner af Sec#ian '�; Range 12 East, C,�ila a�+c! Sali R�ver Me�ridisn, Pima County, Arixvn< q�art�r cam�r c�f s�it! _.aon 94, represerrted by a 5t8" st�l reb�c �tumirtum ca,p be+�ring the registratic�n numb�r L.S 1 Q�2, ta�ears bear�ngs} a distar�ce c�f 2ta3fi.4�9� f�t, and �Isa �m wrhich �he cc�nt� represert#ed ,by a'tt2" r`eb�r �ring the registration n�mt� Rt�� 1. t�eafs �� ;�� a distance of 13't5.T2 fe�t; � � �� , , � ,� �, . �� .�� . - « � .. ... - � . . � . . , _ •' 25t�71, �ai�t p�int b�i� a� �he ar+c �f a r�c�-tan�rt� cuc�+� ��c.�ve; wl�ir.h a radial b��s ��' 1�' '1 �!" 1t�', The�nc� v�st�rlp and northeri�t alang saic! w�s#eri� right Qf way �it�e; �,,, ; #a� th�e ri�1�� h�ving a radius af 44�.fi{I fee� thrcau�h a cerrtral angle c ,� c#�st�r��e c�f 27'9:7�# fe�t to a p+��trt €�# t��rg+ency r�pr+�s�r�ted by a.5I8' .,� number FtLS ��`'ti;; Thenc� c�ntinu�n� aiong sawci westerly right of way line t�a th� begir�ning af'; a curve canc�ve ta th�e south; �141 N. AL�IERNt�N WAY 8TE C� TUCSON ARt20t�t� 85��'12 • PH WW W.a��Xd�1/Ct3Cl.G�CYt Council Meeting - October 15, 2013 - Page 45 of 129 zQna, loca#ecl in S+ectic�n m�c�re particul�rly tegis�tration numbec L� �ownsttip 12 S�uth, �rm ich t� w�f c�rt�- t ir� �o�r�ete` vvi�h a'i -1 J2"' ►. � : ��Ifi� �� outh 1116 corner� �, Qf said Set�foxt 1'4 Y � �� iIM��. fc�s an �rc � cegistratian a distance af 2�.5E� f�t FX 520-325-3�5J Thence ct�ntinuing along said wr�sterly right of way, northe�Ey and westerly along the arc of said curve, ta the lef�, having a radiu� of 40.00 feet through a centrai angle af 93° 38' 39" for an arc dis#ance c�f 6�.�� #eet to a point afi campound curvat�re as shown on said survey. said point being repres�nted by a 5f8n rebar baaring the registra#ion number RLS 25071; Ther�ce teaving saict westerEy right af way #ir�e, � 42° 26` � 3" !!V a distance o# � 81.t36 feet to point numbe� 43& as shav�rn crn sai�i survey, recc�rdetl as Sequer�ce NQ. €3211147�013, said point lying on th�e noRher(y ri�#tt �f Twirt Pe�ks E��cr��varc� {previousl�r kr�ow�n as Carni�a C�� anana) and �Zein� a point of r��r�s�se curoa#�re r�pr+�se�t�d �sy a 5l8" rebar bears`t�� -egistcatian n�mber RI.S 25�071 #�rr�ugh which a radiat bears N 2�° 4E}'' 1�" �, 'T#�ence �asterly �long the �ro�c�ngat�c�n of the arc of sa��t curve, ta the right, having a radius of 2394.44 f�et through a cer�tra� angle c�# 42° 3�` 24" for art ar� distance of 1 E?8.8� �� to pc�i�nt nurnb�r �#4� l�r�n� on th� r�c��therly right c�f rr�y I�r�� of said Twin �e��c� Ba�#evard as shc�wr� or�; sa�t� right crf way line, alc�n� the arc of a cu�re, tc� th� �igM, Thence co�tinue a��rc� �id right af �wa�r iine nartherly snd east�erty alc�ra� the arc af said curv�, to tt�e right, ha�ring a� radius af 1�84.C}0 fe�t #hraugh a cer�tral angle s�f �� '� 'for an arc dist��ace of 377.29 f��t to point n€rmber 477' as s n on said survey antl repr�sented by a 518" +reb�r bearir�g the r'' �stratiorr r�umber RLS 25t?71, : T�ence continue alon� �aid rigt�t c�f way fin� N 5'! ° 25' 10" E a distanr.� af 170.42 feet tv point number 48°1 as show� c�n s��ri sur�rey a�c� r�p�ser�t�ci by a�18" re�ar �earing the r�gistrati�n number F�LS 25079, said po�nt taeing fhe be�inr�irr±g c�f cur�r� c��cave to t�e r�ar�hwest; � ,�� Ef�GI�lEERi1�iG • SURVEYING • LANE3SGAPE PiRCH1TEGTURE Psge 2 �f 5 Regular Council Meeting - October 15, 2013 - Page 46 of 129 - � � �� - . ��. �. . � ��.� � . •�,� � � � . � � - � 1'henc�: easterly �nd nt�rtherly alc�ng said right crf way 4ir�e, �long tF�e �rc t�f said cunre< to the lef#, having a radius �f 'f434.00 fee# through a central ang�� €�f (�° 4�' 38" fc�r an arc dis#ar�ce of 2#�.�9 feet; Thence S��° 23' 28" E a d�stance of' 154.4U feet to point numb�r 59;t} lying on the north tir�e of southwest c�ne-quarter €�#'t�e northeast one-q�aa�rter c�f said Section 14 as shown an said sunrey and represented by a'112" rebar bearing t#�e reg��tratac�r� n�mber �S '�fi2�4; Tt��nce N 89� 5�' 44" E along saic! r�r��th lin� a drs�tar��e of �r58.12 f+��t to t� na�rthwes# c�m�r of ��.ot A" r�cc►�rled as k�� Q#` 5urueys at Page 8, records of said Pirn� Caunt�r, repwresented by a 112" rebar t�earin� t�� r�gistr�tic�r� number Rl.� 35543; frvm wh�ct� a�12" retr�c, t�ear�t�g the registraiian nt�mber RI.S 13't 7�, r�p��er�ting #�e nc�rtheast cc�mer ca# saici "l.�t A" b�ars N 8�° 59' 1�'" E� dist�nce of fi6't .�3 fe�t; 1'28Q.8� f�et fo the sauth E cQrne�r t�# ��id "�€at D" I�ing on t#�e ��t1 C?asis R€�ad, repressnted by a 9J2" r�a�r�r bea�a�g th+e � r�ti�n r��r� Gc�r�tairting 47.1�1 acr�s o# #��ci, mc��s c�r le�s. ' ��'�� ENGlN�Ef�i�IG • BURV�YING •�.APtDSGAFE ARCHITEGT13�2� Page 3 of 5 Regular Council Meeting - October 15, 2013 - Page 47 of 129 ��` �� r° ��.° �� '� � � � � � � aa � � �� ° � �� t4 ; � -� • � a� t � � t � ,. ��t — • _��'��• ��. `► • .�• !I � e �� P,CI.C. PQ[NT �F G#�Al�i�IEN��1+1E{�t'T P_(7.F3. P"QftVT t�' B�G[NIlV+G`_ t�'t�IPl1ME1�iT AS ivttJ�t3 �Xl�Ti1+iG MARA�EA BQl1N�ARl' 1�AI�I�XA1'IC}N B�3i.1N[�ARY P�RCE� �QI�Nf}A�t�' �IN PEAKS AND t3A��S AIi1N�XA'T�ClN A E�EP1�Titf#�1 [)F EE�Ct�il�1"�' A ,��r ��, ., DEVELQPMENT C[7NSULTANTS', PC " �� , a�v��Narv �r��r sT� c � T�reson AZ 857Ic� 52t1-975-6638 F7t, 520-74�'-4623 _._ . P�GE 4 UF � - _. Regular Council Meeting - October 15, 2013 - Page 48 of 129 � � � i . 1 _. �� .., � > . ., � ....... . �"W1N PE14��► AN13 �ASiS ANNEltATlt��i TABL►ES PA!GE 5 �F, 5 Regular Gouncil Meeting - October 15, 2013 - Page 49 of 129 i� .... II ��, �� 1 . � . � � � • ... ........ . �� .. , . .....,i�� „ -„��, . �� U�...,. �� 4 �� ..... �� II �"�� . i : . .. . , p � � ......� .. . . ....... � � � ' �� . . w M ....... IIEVELCIPMENI` GQNSl1L7ANTS. PC ' 2141 `fV. ACVERPiON WAY ST� C Tucson AZ $57I2 �t1-97�—��'2R ��t: Ci?fl'-7elr'1-4F„?'_3 Richard Jackson 5612 Oasis Road Tucsan, AZ 85742 September 25, 2413 Brian D. Vazney Planner II Pianning Department Tawn of Marana 11555 W. Civic Center Raad Bldg. 2 Marana, AZ 85653 I�� : cA S�� PC z 1�.c�.�' 3 Dear Mr. Varrtey, I arn writing ta you to ex�ress my agpositian to the annexation of approximately 37 acres lc�cated on the Northeast corner of Twin Peaks Road and Oasis Road properties and therefore protest Twin Peaks 145 Case ANX-13i)6-UU11. My Wif� and I work�tl hard and' saved aur entire �ife f+�r our retirement dream home. This home is on 3.3 acres�, with privacy, a place far aur children an� gra�nd e�hiltiren to visit, a place we ca�. raise horses with a taeautiful view af wild de�ert land. Qne of the primary reasons for choosing this area was the fact that it was zoneti', single family with: minimum 3.3 acre parce�s. Wec invested aur life sa�vings so we cc�uld live out ou�r days in the style of living we always d��rceamed of. Now, aur dream is tb�atened by people intent on annexa�ian followed by re-zoning ta in some way increase revenue while others lcx�se�aney in groperty value and-even mare important, lcwse the very t�iing they warked and dr�amed for all their life; a beautiful desert view with enough room to breathe. This prvposal tv circumvent the 3.3 acre single faznily zoning into much smaller parcels will rntt only reduce aur progerty valu+es, but it will t.�ke away the desert views we now have azid replace it with houses jamm�d together Qn small lots, wall ta wa11 mof tops visih�e over some type of wali or barrier. With the lvsses, we will then have to suffer with increased noise, tr�ic, crime, t�ash and all the other things that promgted us to moye to this �vned azea in the f�rst place. We don't want aur dream to bect��e � nightrnaze!' While the deveioper will mak�e maney �nti the TQwn may see an increase in t� revenue, it will be at a lass to the present people wht� own the 3,3 acre parcels. It doesn't scem the least bit fair to peaple wh4 bot�ght int4 a single fa�ni�y! Ranch 3.3 �cre zane to be able to make �his change. V�e will still have to m�ke the payments on owr property even thaugh the pri�e we paid foz it would t�e drastically reduced. Progress is impartant, but not at the expense of peop�e thou�ht �ould �emaia zvned as single family 3.3 acre :� be some way ta minimize the i�ngact on present �wne� provide reWenue for the T`own and the builders: ad a lifetune in pmperty they Regular Council Meeting - October 15, 2013 - Page 50 of 129 September 22, 2013 RE: Twi� Peaks & Uasis Specifi�c Plan - PC'Z I3d18. Dear Mayor, Vice Mayor and Coancil members, My n�te is Keith Arnold and spake to you August, 29�` �.t the preliminary me�ting regarding Twin Feaks and Oasis annexation and re�c�ning. 1VIy hc�me shares a cc�mmt�n bQrder with the progased develc�prnent. I was never formally notified af this prc�j�ct and oniy luarned about it frc�m a neighbar. The absolute disregard for our neighbarhood is shameful; There is na reassc>n to put a deveiopment �fthis magnitude in a natural area th�at cannc�t sup�rt this type c�fgrov�fih. Pulte' greed to fit as many homes as pvss'rble in this s�pac� should n�t be condoned' b� yc�u, Maxana leaders. You toak an aath of service and integrity, ta da the ri�ht thin� far the pet�ple you serve and th� n�igh�aars you live among. You ar� trusted t4 m�a�ke the right decisions that mal�� sense fc�r the integrity of the land, and the people who live there. Blading, and track hc�mes are nat in keeping with the inte�rity of what the neighborhood has work s€� hard to aehieve. Seeing this tcind crf dev�topment in 1�e midst of 3.3 acre homes is devastating on st� many Iev�ls, Tl2ere is sa much other land araund tc� gut a develc�pment like thi� or�.: I�ou don't have tt� ec�-sign to #n�s environ�nental destruction. Tax rev�nue v�ill nc�t be �n is$ue with a11 the gravvth pla.rtn�d vn Twin Peaks with l�ialls and ofiher developments coming. Please h�ear us, this is pers€�ndl to each and everyone c�ne of us who live in this neighbc�r�ocrc�. We wilt nc�t �o away, and we will nc�t stop fi�h�ng against this inj�.stice.: Marana t�ves nat want bad publicity and ill will in the camrnuni�ies it is trying tc� serv�. Greed anc� a total disregard for the �nviranment cannat be an acceptable practice under yaur leadersl�ip and, lega��, �Iease do the right thing fc�r the peaple, �ote dc�wn Twin P�aks and �asis PCZ 13018. Sincerely, Keith P. Arnold. 5630 W. C)asis Rd Tucson, AZ, 85742 520-488-72'78 Regular Council Meeting - October 15, 2013 - Page 51 of 12S C�tnt ia Ross From: Sent: Tor Subject; Attachments: Keith Arnotd <karnold@theelements.com? Monday, Septernber 23, 2Q13 4:24 AM Cynthia Ross September 22 Marana appeal letter.docx September 22 Marana appeal letter.docx Please help us vote down the Twin Peaks Oasis annexation and rez��in�. Thank you, I�eith 1 Regular Council Meeting - October 15, 2013 - Page 52 of 129 C�nthia L. Rass, AICP Pl�r�ner II, Planning Department ` Qevelopment S�rvices Town of M�rana 11555 W. Civic Center Drive September 27, 2C?�3 �ear Ms. Ross, This is a protes# letter relating to the planned rezonin�; of the Tw�n Fe�ks & C?asis S�ecific Plan PCZ- 13t}18. I am Sherry potter and i five at 58451N. Oasi� Rd directiy across aasis E�aad fram the planned annexation and rezonir�g. Fast tracking a rezoning prior ta an annexatian, not only daes not fofl�w the process set out in state law,, but allow for hurried and incampiete cvnsideratio:n on t�►e part uf planners No cvnsideration has be�n giw�;n to the traffic on �asis RQad or the drainage effects on the properties downhill from the: pkann��l suk��ivis��n, Increasing.the housing density increase� the hazard for all existing residences surresundtng this praposed subdivis�an. Oasis Raad is not �iesign�d for tf�e traffi� generated by the increase irt residenees. 7he increased population wi(I caus� in�reased n��se and �re hazards. Along with the abaue ment�t�ned prai�iem� and the fact that when I mc�ved r�ut here space and auafity of life were a cons�deratir��, I beli�ve I am being unrtecessarily damaged by'#his rezoning. Pim� Cour�t�r dQwrt zon�d th�s area far a reasvn and being �nr�ex just so the zt�ning can be changed is unethica! at best; 1 urge all cau�rcil members ta reject th�s rezc�ning of'T�in Peaks & Qasis Rd. Sincerely 4 t .� Sherry L. Potter � . Regular Council Meeting - Odober 15, 2013 - Page 53 of t29 � nthia Ross From: Rick amdahl <rickamdahl@gmaii.com> Sent: Monday, September 02, 2013 1:05 PM To: Cynthia Ross Cc: Jahn Motfey Sub}ect. Objection #o Annex�tinn By Tawn of Marana Twin Peaks & Oasis Rd parcei Dear Sir or Nladarne, My Wife and I will not be able:to attend your rne�ting, but I formally ask that you read intc� the minutes my l+�tter belaw: My wife and I awn the �r�p�rty at 5351 W Oasis Rd `I'ucson AZ, and wish to make known our thoughts and feelings regarding the above annexation and �ture develapment request. First of all, our farnilies backgro�d is over 38 years of real estat� sales: including huilding and land development. So, we are nat anti devetopment. Hc�wever, we axe proponents of d�velopment that is smart and cansiderate of all the parties it affects. Smart d�velapment enhances the future c�fthe cornrnunity. No developer, or gaverning body in charge of the pubiic g�aod, sh�u�d put the surroundin� owners, who are already heavily invested in the cornmunity with a large chunk af their net warth, at risk by the financial gains af the few thrc►ugh bad plannin�, One of the reasons we bought the prc�perty we did, was the hamogenaus nature of the area. The area is predominately made up of 3+ a�re hom� si€es, with a lc�t Qf apparent thaught giuen to the impact vn the environment and preservation af property values, al+�ng with mainfiaining the quality of �ife. That is why I'm euric�us why this is being seriously evnsidered. To allow a large tract of land next to these home sites to be developed into 6,ODU sq. ft. home sites in an area of predominately 130,4U0 +sq, ft, home sites seems tatally inapprapriate. Many of the existing `harnes and irnprovernents are, or are almast as large as, the lots being cQnsidered. Other than the financial advantage to Pulte Homes of b�;ing able �o sell cheaper cost hausing due tQ postage stamp size lots stripped of any natural beauty, why would anyane think this a better idea than what is already in place around it? I also suspect the current owner of the land is very excited abaut very small parcels for their own financial gain, as the'value`of that parcel would be impacted if it reflected larger, more cnnsistent si�e hc�me sites. But where dc�e�s that leave the current resident� af Marana who have a�ready truste� in the wisdc�m and guid�.nce af the governing agencies to protect th�ir largest investment, Is it Marana's plan to provide housing at the expense af #he €�th�rs alre�dy invested? Does it add or detract to have a s�a of roofs jammed together fQr our cornmunity? If this is appraved, it sets a bad precedent that Maa�rana is uncancerned ab4ut long term goals of quality af life, and its ah�o�t the gain of a large eorgaratian, c�r a f�w individuals at the expense e�f the many. �verall property values, my prc�perty value, will be negati�ely impacted. Tax base wi11 suffer if that impact is accurately refleeted in tax valuations. Why not maintain and increase the bas�e and the value� ft�r ail with a mc�re inteiligent design and approval far the use of that parcel' instead of what ma:ximizes the gross sales for the developer, and rninirnizes their cost. Lan� dev�lop�nent is necessary fc�r the betterment of a growin� Gc�mmunity. But the utilizatian flf the land should always be to the highest and best use, not the use that just simply makes the most maney but ignores �t� long term cons�quences. We have all se�n once a plat is approved, that its easier tc� make a couple of zonir�g changes, or changes later that are even rnore detrimental. Regular Council Meeting - October 15, 2013 - Page 54 of 129 This parcel is a gateway off of Twin Peaks into my nei�hbarhood. We all want it to be something we ar� proud of, not embarrassed of c�r have to apolagize for. If the developer says that the eca�omic� �ivn`t support the subdivisitin fc�r homogenaus 3+ acre lots, I guess I would ask why. Is it only if we make them sa small that the ultimate sal�;� price is cheap ena�gh they will: sell. The truth is it may not support their econt�rnics at the c4st ger acre without dividing it up intQ stamp size lots, but then, rnaybe they shauldn't drive up the land values to make that a necessity. The market v�ill then reflect the true value af the land predicated upt�n its correct and smart use far all cancerned. The approval of this annexativn as requested in its current form, I belie�e , will be a decision that nc� one later will be pmud of. The develapers will be lt�ng gone� and the impact is i�reversible. I am asking that the r�quest be DENIED in its cu�rent forrn fc�r the rea�ons given above. thank you far your cc�nsideratic►n. Ricic and Kate Amdahl Qwners 5�51 W Qasis Rd' Tucson, AZ z Regular Council Meeting - October 15, 2013 - Page 55 of 129 ^6 '4 t 9 �. -r i �.l ... < ' �.. .t �t__ �+ � . �S � .i} _.`a _ °<. �' t.�" ,..��' C nthia Ross �'� °`� _- � From: lohn Holley <jhoiley26@gmail.cam> Sent: Monday, September 02, 2Q13 6:50 PM' Ta: David Bowen; Ed Honea; Herb Kai; Jon post; �atti Comerford; Carol McGorray; Roxanne 2'�egler; Cynthia Rass Subject: Twin Peaks and Oasis Road AnnexatEOn - QPPOSITTON September 2, 2Q 13 Mayor and Council Town of Marana Subject: Twin Peaks and Oasis Road Annexation Mr. Mayor and members �f the Council, I am writing to voice my ogposition to the proposed annexatiQn and the praposed rezoning of the suhject parcel. The intent of the o�wner is to re-zane and either develop c�r sell this prc�perty at a profit a� the expense of the surrc�unding cornm�tity and our lifest�les. This is nat a minQr re-zc�ning. The developer will be asking for an increase from 101ots currently entitled under SR zonir�g to an excess of 901ots. The parcel is surrounded by large lot developrnent. The only exceptivn is the Qasis Hills development that borders fc�r several hundred feet along the southern border. T'he parcel is very small (+/- 36 acres) and cannat;pravide suitable buffering for such a steep density change. The s�nall lat sizes are extremely inappropriate for th�e ar�a. I canderstand that the Town wants to see development in the Twin Peaks corr'rdor. I am willing ta prQVide constructive input to the ptanning pracess and I have played a xole in helping to improve Gc�mmunications between the developers, the Town and the area home owners. I am sure we will see develogrnent and certainly want a win-win for alY involved. The O�szs 1-�ills develop�ent� that is currently under construetiart, is a problem and will be a detriment to our communit� naw and in the future. It was approved with the C�scada Plan and under the radar of the hameowners in the area. Our neighbor now ha� six 60UQ square foot lots right in fron� Qf their horne with onty a�t� faot buffer It is an embarrassment to se� this type of development. A vi�it by the council members ta the Oasis Hills �ubdivision is �ncvuraged by the writer. The subject re-zoning is atternpting to contant�e the same �aor practice into mr�re visible areas. The subject parcet in not part of Cascada. It is a sea of roaftops right next to 3.3 acre home sites. It is u�ly; and entirely inappropriate. Ther� is an �stablished community of 3.3 acre large lo# exi�ting development in the area. This sty+le of develQpment evolved durirrg the issues with the Pygmy 4wl under Pima Caunfy jurisdiction.The existing developmenfi of large lot home sites was allowed to mi�[mize impacts and that sfiyle has beeome the standard in the area. Just because the Rygrny Owl is de-listed does not change the fact that devetopmertt has accurred wifi� iarge lots ar�d horse prop+�rties. This existing develapment must be respected as much or rnare so than the Pygrny Owi. Many of the existing homes in the area are show pieces, wetl in excess of $1 million in value. Not to mention fih�t many af the home structures are larger than the fi square foat lats proposed. Even Regular Council Meeting - October 15, 2013 - Page 56 of 129 the m�ore mocfest ones represent a signific�nt portion of their awners life savings and a lot of sweat e�uity and pride. Myself and A�.L of the n�ighkaors (11 have yet tv hear af one who supports this) are very concerned that this re-zoning wil! SlGNtFICANTLY DE-\fALU'E their property. I wan# tr� re-iterate that I am not anti-growtfi. I worked in the industry an�i writh Marana in the develapment arena for many years in a pr�vious career. It appears tfl m� tha# this area may not be suitatale c�r provide the ecanomic returns required by the developer and sti�l respect the exi�ting homeowners. It may not wvrk for a prod�ction builder. I would like to add that Tav�m Sfaff has been very helpfui �n� praf�ssic�nal in handling my questions and fulfiltir�g rny requ�sts: Respectfully Submitted, Johr� A. a�d Melady F. Holley 5556`West C�asis Road Tucson, Arizona. 85742 �52fl) 468-822fi J�QII� � i�l��t`� �� J�hn Holiey P.E. ,ahalle 26 r grnail.rc�m _(520} 46$-8226 _ 2 Regular Council Meeting - October 15, 2013 - Page 57 of 129 ��,� �. � ', - �m �� ?� ..F �$^^° a„,..� .a �"' C nthia Ross i From: Raxanne Ziegier Sent: Tuesday, September 03, 2�13 5:01 PM 70: Cynthia Ross Subject: FW: Annexation of property on northeast corner of Twin Peaks and Oasis Roads Cindy: Below is another lette� 1 recaived today, Roxanne From: Susan Parrish [mailto:parrish6C�earthlink.n�et1 Sent: Tuesday, September 03, 2013 4:52 PM To, Rc�xanne Ziegler Subject: Annexation of property on northeast corner of Twin Peaks and Oasis Roads September 3, 2413 Dear Mayar and Town CounciL Recently, I att�:nded a meeting, where officials from differ�nf departments of the Tawn government p�esent�d' Marana's "Strategic Vision." Much was said about preserving the character and beauty of tk�e Sonacan desert habita� At the same time, the cost' of the Twin Peatcs Expressway—one-hur�dred-fourteen miNion dafla�s—was rnentioned. The implication was clear—Marana invested a lot of maney in the area and fhe Town i� e�ger to cQnsider annexation of mare Iand: The Marana Mayor and Town Cou�cil will determine the details of Marana"s Strategic VisEC�n, and we know wtttt resides in the details so we have to be vigilant. Ec:onomics must be considered in any decisic�r�. The question of whether to annex the 36 plus acres on the nc�rthe�st ce�r�er of Twin Peaks Road and Oasis Ftoad has finartciat irrtpii�atians for the owne�s of the 36 plus acres and the homeawners in the vicinity the Blu� �onnet F(omeowners Group--especiaiEy #he homeowners an praperties bordering this large pfat. We who tive in the area ha�re invested I�rge sums in aur he�mes—in st>me cases, life savings. F4r the hcameowners in the area iYs about property values--�money--�-but it's alsv about lifestyte. We have invested our martey for the privilege of living among ratttesnakes, gila mon�te�s, bobcats, coyotes, jackrabbits, cottontails, hawks, qu�il, dove, and all the natural vegetation. S4me o# my neighbars have seen mountain tians and jaguars, although I haven't. If the section a# land at issue is annexed and rezoned, the existing hQmeowners �nrilt be big losers in terrns of pr�perty values and quality of life. High-density development on the 36 plus acres in our neighborhood�oing from 3.3 acres to lot s'rzes of art�und six= thpusand square feet—will change the character of our area. The Nt�rthwest has became a magnet. Some might say more people shoultl be able to enjc�y what current residents now experienee, and that we who li�e here are selfish. To describe those who want #o preserve the curr�nt z€�ning as selfish is upside-down thinking. We aren't the ones whQ v�rant to slice and dice the property for prafit. Does th� council want to pr�mote densificatian—a bureaucratic word if there ever was one—at the expense of the current residents arid the beauty af'the area? tJnce this area 'rs cht�pped and couered witt� "baxes af ticky tacky,° it witl be only a memary. Please vote NO on annexatic�n now and rezorring in the fufiure. Best regards, Susan Par�ish and Ron Isaaeson �542 West Oasis Roacf Regular Council Meeting - October 15, 2013 - Page 58 of 129 �4.L�3�;4`�,,. �. �"1th�� dss ��.w��i, j s . .� ;, �,s�`:w.�'" k, Frorn: Raxanne Ziegter Se�t: Tuesday, Septernber U3, 2U13 1:16 PM To. Cynthia Ross Subject: FW: Fl2ase h�lp and vvte no on Annexation of Twin Peaks and Oasis Cindy — here yau go. See you tonight. Raxanne Fram: Keith Arntald [mailto:karrroidC�a theelements.com] Sent: Saturday, August 31, 2(}13 11:17 AM To: Rox�r�ne Zieg�er Subject: Please help and vate rro on Anne�cation af Twin �ks and 0asis Aug�rst 29, 2Q13 Uear Ms. Ziegler, Words can't describe the fear, anger and sense of betrayal we wfll feel if �his Tw�n Peaks/Oasis �nnexation and De�relt�pment is approued. My f�mily has lived at 563� W. Oasis Rd €or 6 years. Our property is cc�ntiguous with thfis lanct �nd proposed devefcrpment. We moved to thi$ harr►e and tand, to get away frc�m the track home lifestyle. I have warked my whole tife to'build a: homeJhaven with room, views and nature to surround us, Ov�r th� iast five ye�rs, we have seen our prop�rty value dirninish by wel'I over $2U�},�0 and jus# naw prices are starting to cr�ep back up — and stil{ we are underwa�er. I have been trying to refinanee my hcrme duri�g this time ta take advantage of tower rates, I s�ill am not abte ta beeause af the n�gative equity. If this Annexatian �nd €?evelopment gbes ttttaugh� we wi11 h�ve no hope of ever refinaneing dun c��me and eventually the bank wilt own it, - I have rnrorked hard fc�r this lifestyle� I have been patient with the banks and this economy. 1 have nvt turned my back on my respQr�sibility, despite ha�dship. �ut I wiEl not stand fQr this development com�ng infio our backyard and ruin'rng �ornpletety aur dream, our lifestyle and our home. , _ Yvu cannot pass this Annexation and Develapm�r�t. Yflu cannot sell us out far profitjtax revenue, and disregard camptetely the neigt�bors and voters that haue entrusted you. 1 wauld bet that if this }�ropt�sition came to yc�ur backyard, yau vuauld stand united with us. Rlease, vtire ask you now, to stand wnited' with us, and'votethis Annexation/Developrnent down ar�d' preserve tt�e irttegrity this land, this neighbarhaad, and this life, 'Thank you for �istenir�g. WI��1 1`�S�}�Ct, Regular Council Meeting - October 15, 2013 - Page 59 of 129 Keith P. Arnold 563U W. Oasis Rd Tucson, AZ 85742 520-48$-7278 Keith P. Arnold Sr.VP of Clinical 0utreach, Marketing and Strategic Development CeH: 520-488-7278 " �ax: 562-546-1280 �/ �� rr��r�ts �� `` � ' �� s��rc.�t�xa� ��v�€�axt ��,tr� � � �. �� ,�.� �«» � �� v�_. ��a,. � �� This transmission is ir�tended onty for the use-of the address�e and may contain informatiQn that is p�ivileged can6dential and exempt fram d'�sclosure under applicable law. Please, da not disserninate orduplicate withaut authorization by sender. In �ddilian, i€`you h�ve received this message in arror, p�ase nofity sender and delete alI Gopies, Thank yo�. � Regular Council Meeting - October 15, 2013 - Page 60 of 129 �,¢� 8°� mwd+� � p #' � +� nthia Ross From: larwac�d clarwaod@earthlink.net> Sent: Tuesday, September 03, 2Q13 3:49 PM Ta: Cynthia Rt�ss Subject: misguided prapased annexation Dear Ms. Rass, Several af us have �ieen stewing ar�griiy about'the proposed annexation that is apparentfy on �he Marana Council docket far tonight's meeting. Specifically you are prQgc�sing to annex a part of the eaunty that is zoned for 3.3 acre lots. This region is being builfi on; there are several new hc�mes currently under ctrnstructian within a block vfmy house...all on 3.3 acres or rnore. W� are al� here BEGA[7�E of tl�e current 3.3 acre zoning and lifestyle: We dc� nc�t c�b,�ect to the town annexing aur area. But we strenuously objec� tQ thc stated purpose of the annexatian: to immediatety ehange our area frorn low ta high density. That cvmpl�t�iy trashes the lif�styl� here. Moreover, �ere is substantial'land cic�s�-tZy that is already � part of Marana and is not built c�n. Clearly, the intention of the bui�ders is to maximize t�e value vf the l�igh density develapment by placing it im�nnediately adjace�t ta areas that are obviously of much higher quaiity. 1 he �ffect will be disastrous: Let me be sp�cific and quote �om the memo of tonight''s meeting: The propased annexation area is �urrently wit�.in thc To�vn vf Marana's General Pl�n Planning Area, The adopted Land Vse Flan far the Tawn af Marana designat�s this site �s Low Density Residentisl {LDR). In the Cc�unty, this propeMy is currently �t�ned Suburban Ran�h (SR}, a residenti�l z�ning designatia� �vith a mi�t3mum lot size of 3.3 acres. The d�velQper glans to proeess a rezc►n�ng of th� property to Specific Pl�n (I+') aft�r the anneacation t+n accc�mmodate ��mall�r lot width dimension th�n is all+�wed�und��r`the �� single family residential zaning designa�c�n. Uur area is unique---tha� is why we have built expensi�ve ht�m�s on large parcels to preserv� b�th the desert v�getatiQn and anim� life a.tZd our own lifestyles within it. The ar�. �s valuable. If aliQwed, it vuill c�ntinue to; be filled i�...but it will be filled in with beauty and value anci without destruct�on of environment or habitat. W� strongly oppvs+� the h�gh density proposal and trust that Marana will insist c�n maintai�ning. sanity in develvping our beautiful area and ensuring that it i� nc�t quickly destr��ed simply at the whim of rapacious builders, Sincer�ly Dr. Laurie Larwood' Regular Council Meeting - October 15, 2013 - Page 61 of 129 ,�NNEXATIO!�T I'ET�TI(�N [TW1N PEAKS & OASIS ANNEXATIQN] TO THE H�NORABLE 1VIAYUR AND C{aUNCIL OF THE Tt3WN (aF MARANA, ARIZONA: We, the undersi�;ned, being th� owners of on�-h.alf or rnore in value af the rea! and persanal praperty and mare than c�ne-half of the persons ownin� real and persanal property, as shawn by the last assessment of said property by the County Assessar or by the �ri�ona Department of Revenue, which would be subject to taxation by the Tc�wn of Marana i�. the event c�f annexatian within the territory propased tc� be annexed, which is describect in the l��l descriptic�n attached ta and incarporated in this Petition as Exhibit A, said territory bein� contiguous to the corporate iimits of the Town of Marana, with the exteriar boundaries of the territ€�ry prc►pvsed to be ann�;xed shown on the mag attached ta and incarpc�rated in this Petitivn as Exhibit B, request the Tc►wn of Marana to annex the described territ�ry as provided in A.R.S. § 4-471. PROFERTY OWNER: ; .. �' _ '` �ROP�R.T� ADDRESS. PROPE�.TY DESCRi�PTIQN:. (or parc�l' nurnber or tegal descriptic�n) AZ STATE TAX CE7DE #: AITTHQRIZED SIGNATURES��} . e ° �� ,� � � � �� (NOTE: Each �ignature must be dated.} x:�shared files\annexation casestannexatian stui�12413 annexationsltwin pea[cs & oasislbla�fc_annexation petttivn.dac Regular Council Meeting - Odober 15, 2013 - Page 62 of 129 il'd4G; _ '` ��t�' W �' ... ;J' � � � � � Q �..r � � � t • CtVIL �NGfNEER1NG • LANt7 St1RVEYING EXH[BIT A PRC)POSEa ANNEXATfC}N T{3 THE TC1'W� C}F MARANA AU that certain rea! pr�perty �ituaf� #r� th� Crxunty af Pima, State Qf Arizona, tocated in Sectian 14, Township 12 Sauth, Ra�c�� 12 �ast, Gila and �alt River Meridian, rnare particu�arl� described as foflQws; Cornmet�cing af � 3-114" alurn'snum cap an a 5C8"x 24" eod bearit�g the registrati4n number LS 1&2�4' which represents the cent�r Qrt�-quarter c+ornec r�f ��ctian 44, Township �t 2 St�uth, ' Range 12 East, Gila and Sal# River M�ridian, F'ima. County, ArizQna, from wfiich the w�s# ane_ qua�r cam�r of saicf S�cticrn 14, rep�sen��i by a�f8" st�l r�bar set in concrete with a 1-1l�"'': aluminum eap b�aring th+� registratian number LS �t't}�2, b��rs � 89° 2�' 2�" 1N {basis r�f bearings} a distar�ce af ��3£.E��9' feet, and also from whicn th�e c�r�ter south 1!'C6 comer, �epresented by a� 'f/2" rebar b�:aring the registrati4n numbe� R�.� 11892, c�f said Section 14 bears S(�°,27' 49' E a distance af 131�.72 feet; Thence � Qt�° 27' 49` E along the mid-section line a disianee of 30.04 feet ta ff�e POINT flF BEGlhiNl�+tG= tying an the st�u#h t`i�ht a�' way line af C)asis Rt�ad as dedicat��# t�y ��rok 3 of Road Maps at page 69. recvrds af P�ma G4un#y, Ariz�ona; rec�cds of said Pima Cauniy; Thence S�9° �E�` 23" W al�ng said south right a# way line a d�stance af 1�48.29 feet t� the in#ers�cfion wi#f� �he saufhwesterly prola��atian of the tine d�f�ed i�:t�+een painfs 326 and 325 (Lir�e 9} a� shQwn on sheet R�J5 �f the sur�r�y �e�arded as Sequence Nur�b�r 2fl1't'1�7tJ013, TFt�nce �! 57' 3�' S!1" E along said iine a distance Qf 113.T� f�et to the ne�rth right nf way line of said C�asi� Rr�ad; Thenc.e t�i ��`� 2fi' 23 E along sait� rtorth ric�ht of way li�e a distancr� c�f �78.Er1 f�t to a point on fh� �,r�:s�e€!y nght o# way lin� of Gl�sis Ra�ti, nc�t�d as (Prap�sedj on said st€cvi�y, re�orderl as Sequ�nce No. 2C311147t}413, ant� r��rres��ted �y a 518" rebar bearing reg�stratiar� nur�ber RLS 2��D71, said poi�t Ea�ing �n t�� ar� af a nor�-tangent' cunre cc��ave to the nor�heast; tt�raughs which a r�diai b�ars S 32 12' 14" W; Th�n+c� westertg and ns�r�h�rly al+�ng �aid �wes�t��l�r right of way line, al�ang the� arc of said curve, t� th� cight, having a radi�s af 4��.t�� fee# thcou�h a c�ntra! angle of 36°' 25' 37° i�r ar� acc dista�ce af 279.74 f��t t� a paint of tang�rt�y �epr�sented by a 5/8'" rek�ae t��cing r�istra#ion number RLS 25071; Th+�nce continuing �to�c� s�id westerty �ight of way line N 21 ° 22' Q9" W a+�i�tanr.� t�f 22.56 feet to the b�ginnin� c�f a curv�e cor�cave ta the s�ut�r; 2141 N'. AtVERNt�N V1tAY ST� C• TUC�f.�N ARIZ43NA 65712 • PH: 52Q-39t�-t�4�8 FX 52`{3-325-3�59 wvuw.ap��cdevcc�rt.cc�m Council Meeting - October 15, 2013 - Page 63 of 129 Thence cnntinuing along sa�d' westerly �ighk of way, n�rtherly and rnresterty along the arc of said cunre, to the le�t, having a rad'ius of 40.0{3 feef through a central angle of 93° 38' 39" for an arc distance of fi5.38 feet ta a point of carnp€�und curvature as shc��vn on sard sunrey, said point being represented by a 5f$" reba� i�aring the r�gistration number RLS 25071; Thence leaving said westecly right of way line, N 12° 26' 't3° tf� a distance of 181.Q6 feet to paint nurnber 438 as shawn on said survey, r�carded as Sequence h1a. 0211147t�t}13, said paint lying on the nott�erly rigFrt of Twin Peaks Bauievard (previausiy known as Camino De Manana} and being a pc�i�t of reverse cunrature represented by a 5/8� rebar bearing reg�stratian number RLS 25071 through which a radial bears N�,�° �� 19" �t11f; Thence easterly alang the {�ro{c�ngation of the arc of said curve, to the nght, hav�ng a radi�s af 2394.Q0 fe�t �hraugh � c�r�tra( angle c�f C}2° 36' 20" for an arc di�tance of 1a8.87 feet to poin# number 443 lying an the r�orthe�ty right of way line of said Twi� F��aics Boulevard as shown on ��id survey, said pc�int �ing a pc�ir�t'af reverse cunrature through which a radial be�rs N 20° 03' a8" VY; Thenc� cantinue �2�sterly along sair� right of way I�ne, a�ang the arc af a curve, to the right, F�aving a raclius of 23�4.�� feet thr+��rgh a cerrtral angle af Ot�° 3�' 3$" for an arc distance of 2�.72 feet to point numk�*e 444 a� �hown Qn saicf survey; Thence continue easterly atong s�id righ� vf way iine N 7f�° 28' 3�° E a distance af 272.98 f�et to a pt�rr�f an the north right of way line af Camino De Man"ana (dedicated by Bac�k � of Rc�ad Maps} as shc�wwrt c�n said sunrey. Thertce continue easterty alang s�id ri�ht o# way line N�0° 24�' 23" E a�fistance of 354.27 feet to perint nurnber 446 lying on the nc�rtF��rEy right tsf way lin� t�f said T`win Peaks Baulevard, said paint being at khe begir�ning af a ntin-tar�gent cucv�e cc�ncave t� th� narthwest through wh�ch paint a radiat bear� S 41°` �i�' 16" �; Then�e easterly ancf north�rfy, at�ng tt�e northerl�r right af way tin� o�' said T'w�n P�aks Bc�ul�vacd, al�ng the �r� af said curv�, to the lett, h�ving a radius af 88{?.Ot? feet thraugt� a central angl� af 11 ° QO° 24" for �n ar� distance c�# �6�.05 f�et to point number 474 as shc�wn o� said survey; T'h�nce contir��e easterly �I�ng s�id narttierly right af way iin€ N 37° 46' 20" � a distance of 193_78 feet to �a��nt numk�r 476 as sh+�wn an said sunrey. �a�id pc�in# b�ing the beginning af a cunre coneave to fhe sc�utheast;; Thence aar�tinue alang �aid righf of way line nartherly and easterly along the arc of said cunre,, t€� the right, Maving a ra�iius of '1584.00 feet thrc�ugh a central a€�gle trf 't3° 38' 50" for an arc c}istance of 377.29 f�e# to point n�mtaer 477 as shawn an said survey and represent�d by a 5l8" rebar bearing the r��istration number Ri.� �5�7'!; Thence c�vntinue alang said righ# of way line N 51 ° 25' 1 t�" E a distance of 17Gt.42 #eet tt� �aaint number 481 as shawn an s�ic! surv�y and represe�nted by a 5f8" rebar bearing the registration number RLS 25�}7'�,-said poin� being �he beginning of curve ca�c�ve tc� the cu�rthwest; �� y �. EN+GlNEER{NG • SURVEYING • LANDSGRPE ARCHITECTURE Page 2 af 5 Regular Council Meeting - October 15, 2013 - Page 64 of 129 Thence easterly ar�d na�theriy alvng said rigF►t af wa�y Eine a�onc� the arc af said curve tc� tE�e left, hauing a radius t�f 1434.00 feet #hroctgh a� ce�tral ang�e t�f C}° 4�$` 38" far an arc distance of 2{}.29 feet; Thence S 3�° 23' 28" E a dist��tCe t�f 1'S{�.€�0 feet to pt��c�t numb+�r 51Q lying on th� r�orth line of southwest ��e-quart�r of`th� ncartheast c�n�-qua�ter of said Sectic�r� 14 as sh�rwn an said survey and re�resented by a 1/2+" rt�k��r bearing the registration numbef LS 1�294; Thence N 89° 58' 4�" E ats��g said north iine a distanc� of 558.12 feet to the northwest eom�r af °''Lo# A recQrd�d �s Boak 32 of Surveys at Page 8, recc�rds c�f s�id Pima County, rep��;sent�d by a 1/2" rebar bearing the regis#r��ion num��r RE�S 3��43: fr�m tn�hich � 1/2" rebar, bearing the registratian �umber f�LS '{ 317'�:, represent�rtg the nartheast c�amer c�f said ��cat A" be�rs N�89°, 59` 16" E a distance af fi8t.�3 f�+�t; Th�nc� v 04° 13` 1;�" 1tt� aton� t�te w�st lines af "Lots A, B, and' D° as sF�own t�r� sa�d �urrce� a distar�ce of 12E��.�� fe�t to tt�e southwest corner o# said "Lvt D" lying Qn the nt�rth rigk�t of way ��ne of said t7asis� �oad, represented' by a 1/2" rebar bearing #he r�gistraEion nurnber !,S 't'fi294; Thence S ElC1°' 33' �6" E, perpendicular to s�id north rNr�ht c�f w�y line a di�tance of �6Q.0t� f��:t to the south right a# w�y lirie of s�ir! 4�sis Road; Then+ce S 89° 2�' �" 1N alQng �aid �c�uth right of way line a distar�ce vf 638.€�3 f��t t� the F'O�NT OF E3EGt!'+lNt(VC. Gontainir�g 4�. i(� acres of land, rnc�re €�r ic�ss. � A��► .� ?� ENGtNE�RlNG •�URVEYi{VG � LAhtQSGAFE ARCNt`CECTUR� P�� 3€�t' 5 Regular Council Meeting - October 15, 2013 - Page 65 of 129 _ ; EXHfBIT B � �:�s�.�.t��t:a� P.{7:G. P.4.6. • �^a�s-s ,� � 1.�S�iE�LU, POtNT t7�F Cfl4w�AAE�[CEME{VT P�Itxt"fi ��` E3ECI�tl�+lCs '` MONUMENT A5 idOTED EXtST1�1G MARANA B!�UNQ!ARY ANNE?�A:T�C71V Bt�UN�3ARY fi�ARCEL. BQUNC3AR1' � TW1N PEAKS AND OASIS AHNEXATIO►N � QEPICfilON OF EXHIBIT A � .-.■ .�� DEVELOPMEt�T �ONSL�LTANTS, RG 2141 N, AL�fERN�N WAY STE G ` T��►�so� a� '��712 PH= ��Q-97�-6638 FX: 52a-?4�-46�3 Regular Council Meeting - October 15, 2013 - Page 66 of 129 '�"W�N PEAKS AN[[� tt�AS[S AW �IEXATION TABL�'� a Regular Council Meeting - October 15, 2013 - Page 67 of 129 ANNE�ATION PETITIQN '[TWIN PEAI�S & OASIS ANNEXAT`ION] TO THE HONOR�BLE MAYC}R AND COUNCIL OF THE TOWN QF MARANA, ARIZONA: We, the un�tersigneci, bein� the �awners of one-haif or mare in value of the real and personal property and more than c�ne-half of the persons owning real and personal property, as shown by the Iast assessment vf said property by the Courtiy Assessor or by the Ariz€�na Department of R�venue, which wc��id be subject to t�ation by the Tawn of Marana ir� the event a�f annexation within the territory prop+�sed tc� be annexed, which is described in the legal des�ription attached tc� and incozporrated in this; Petitit�n as Exhibit A, said t�rritary being contiguaus to the corporate limits of the Town of 1Vlarana, with the exterior b�undaries af the t�rri�c�ry propt�sed to be annexed shawn on the map attaehed to and inearporated in this Fetitian as Exhibit B, request the Town of Marana to anrrex the described territory as prc�vided in A.R.S. § 9-471. ° PROP'ERTY C�WNER.; ��,�� c ��I�. ; � '� �� '� � PROPERTY ADDRESS: PRQPERTY DESCRI�TIC7N: (c�r parcel number ar tegal description) AZ STATE TAX C(�DE #: AUTHORIZED , " IJ!ate: �'+ �� f.:� Date. (NC�TE: Each signature mu.rt be dated.} x:�shared filestannexatic�n case�lanaie�caiiQ�► stufftZOl3 annexatiansltwin peaks & oacis\taiank_annc�caticrn petitian.doe Regular Council Meeting - October 15, 2013 - Page 68 of 129 1 r CiVIL ENf�I�t��RiNG • l.A�t} SURI�EY�NG' EXHlBI`T A ' Z � � �'" � � � � � � � Q � •: ��' � i f �� , � � , � �: .� , �' `� �� a � v :� ��, A!f that cert�itt t'+��1 property sit�s��'+� ir� tF�e �caur�#y c�# Pima Sta#� ctF A�iz+�r��,_ l�at�d in Se�ti�n �t4, Tc�wns��p 12 St�u#h, F��n�� 12 East, �if� ans� S�att Ftiver Nd�ridpan, rnv�e parti�c�Parly c��scribeci as fc��laws, Cc�mrra�ncing at a��1I�" aluminum cap c�n a 518"x 24" rod bearing the r�gistratir�n nu�ttt�er l.� 1��94 which rep��es�r�ts the �nter r�ne-quarter cc�m�r af Sectic� 14, Towr�ship 1��vu�h, Range 12 €ast, G�� nc# Saft Ri�er Meri�i�n, Pima ��unty, Arizr�na. frorn w#�ich t�e rn�est o��- q�r�rter comer of said ��tic�n 1'4, represented by a 5f8" steel rebar set in cor��r€�te wi#ta a 1-1�" �tuminum c��a t�aring the regisfraEion n�mb�r �.S 1 i�5�; bears S�3�° 26' 23A 1lV {t�asis vf bearie�gs) a c�istance af 26�f.49 f�et, a�rtd a�Q fre�m which the cer�ter sv�th 1I1�5 cc�rner, repc�sent�d, by a 1 C�" r�#��r be�r�ng tF� regi�#ra�ti+�n numt� RL i 11892, +a# �i� Sectic�n 14 beas� S t10°' 27' 4�' E a c��t�nce c�f 1315.T2 fee�t; Then�e S Ofl° ��° �€J` E a�trn� the mid-sectian tine a distance uf` 3i�.t� f�et tc�, tt� Ft�11F�'C' flF BEGlN�IIN+G ly�ng crn the so�h right c�f v�r�y i�ne c�# C��rsi� �toad �s ciedi�cated by Book 3 t�f F�vad Maps at page 6�, recc�rds c�f Pim� G�tur�ty, }��rr��;, T#�+�n� S 89Q 2fi' 2�° i��P sl�ng sa�d soeath rigf�t of �ray line a distance c�f '� 84�. �� f�+et to the i�tersectic�n with the sa�r#�we�te�ly prt�fa�tgatic�n of fhe line de�ined betrn�n ps�ints 32� an�f �25 (�ine S) as s#�c�w� can sheet RVY5 Q#the suivey r�corded as Sequ+ence Num#�t2t}'4;1'�4Tt�}13, re�rcls o€ said Pima ��unty; 'fb��nce #� �7° �6' S1" E afonc� sai� �r�� a dis�a�ce of 1� 3,78 fie�# tc� the �r�rth right �rf w�ay fir�e €�f s�Rd {�asis Roarc�; Th�nce N�9° 2�' �3n E aiong said nc�rth nc��t o# way iin� a dis#ance of 67�.fi1 f�et �� ps��t s�r� the w�ste�yr right �fi �vay t�ne a�` (Jasis �to�d, nc�t� a� {Prcape�a�ed} c�n said surv�ey, re+�orc�i as , Sec�+.�€�ce �r�� 2Ui 1�t47'i'�1!1�, �r�d r�epr�r�#ec! by a 5!8" re�ar i�ar�g rec�istratior� nurnt�r R#�S Z5t}�1, sa�ti paint b�ittg vn th� �rc c�f a ncm-tang�r�t cunre ccancav� tc� the narrfhe�st. throug#� whi�M a radi�l bears S 32° '! 2' 14" W, �'her�ce westerty att�c� n�rtt�eriy alo€�g saicf westerly �ight of way I�ne, aic�t�g �h+� a�r� of �aid cunre, tt� tfie rig�rt, ��rv�� a radius of �4t3.C}tl f�eet thrc�ugh a cer�tral an�ie c�f 3fi° 2�' �7"' �f �n �rr� �' dist�nc� �� 27�.74 #eet to a pc�i�t of tang�nc} r+��aresen��ad �ry a 5f8 �@�}d' P�B'dFi� fi�{$�C�E�CI � t1RtPfl�t' �� '�'; � ';� Thence cc�r�t�ntaing ataryg said wre�ste�}t'right af way �ine N�1 ° 22' Q3" W a distan�e of 2��i fe�t � #r� ttr� kaeginning of' a cunr{e can�ave to the souk�; , 2141 hl. AL�f�RNC�fiI WAY ST€ C• fiU�SC3N A�fZQN;A 857'�'2 • PM 52�-9�Q-0428 F�t �24-32�-�559 ` www.ap�x��vcan.c,�m Council Meeting - October 15, 2013 - Page 6S of 129 Th�nce continuircy alo�n� said w�st�rly right of �ray, norther�y artc� w�sterly ��vng the arc c�f saicf c�rv�; to the lef#, having a radi�s of 40.�t� feet t�rtc�ug� � centr�l angle of 93° �8' 3S� #or ar� arc ciis#ance o# 65.38 feet to a point of compound cu�rature as shc�wn or� said s�rrv�y, saic! �oin# be�rrg represented by a 518" r�bar bearing the c�gis#ratic�n number RL� 25t}71; Thence (e�v��g sard weste�y �ight af way line, !� 12° 26' 13" W a di�#anc� crf 181.06 feet tc� p�ir�t number 436 a� shown or+ said' survey, recorded as Sequence Nr�. Q211147t3t�13, said p�int t}+ing on the r�c��therly ri�ht af Twin Peaks 8vulevard (prev�ously kr�own as Cat�nina De Manana) an�# being a poin# af rev�r� curvatr�re re�sre�e�ted by a 5t8" rek�ar t�e�r�n� ragistratian num�er Rl.S 25�7'3 through which � radial bears � 22° 4t?' 19 4+tt; TF�ence ea�t�rly along �he pral�ngatio� af the arc c�f said' curve, to tt�e right, having a radiu� af 2394.Ofl feet through a�er�#rai angle of C}2° 3F' 20° far an arc dis#anc� af 1{}8.87 fee# to pcaink number 4�3 lying �n kfae r�ortherly right c�€ way line of said Twin Peaks Boulevard as shown on sai+d survey. said �ir+t �ing a�sa'tnt of reverse curv��t�re �F�rough r�fiich a radi�( �ears f� 20° U3' �8" 11tt; l`h�nc�e cv�tin�e east�rly along said right of way fine, �tQt�� the arc of a curve, to th� r�h#, havin� a radiu� c�f �394:00 feet tttrough a central ar��l� c►f t,?t)° �2' 38".far an arc dis�ta€�ce of 22.72 feet to �trr� n�mber 44�# as sht�wn on s�+t# s�rv��; T�ence continu+� �asteriy alc�n� said righ# o€ wa�+ lir�e � 7�!° 28' ��" � a dist�inr.� a+� 2T2.98 f�et tc� � poi�tt r�n the north ri��# af way line t�f Caminc� De Man"�na (dedi�cat�d t�y Boc�k 2 of Ro�d Ma�a�} �s shc�vun on said survey; Thence cc�ntar�ue east�rly �lang said sigt�t a# vray iine N�E?° ZU' 23" E a distance of 354.27 feet to po+nt number 446 tying c�n the ncreth�er�y ri�hf o# way line of` said Twin Peaks Boulerrard, said pc�int being at #he bec�ir�n�ng c�f a€��n-t�ngent �unre cc��ncaae to the �athwest thrvugfi� wi�ich pc��nt a radia! t�ears S� t°� 3' 1&" E; Th�nc�e ��s�#�rty ar�d �rarEtterly, alt�ng t�� no�therly right t�f way line of said Twin P'�aks Bc�ulev�rd att�ng tt�� arc a# said ct�r�re, ta the I�ft, Fta�tir� a radiu� c�f 8�8�#.t� #+�et throexgh a centra! �r�gle o# 1'� ° t�4` 24" fc�c an arc distan�e crf 'I69,tks f�� tc� �€rint r��am�r 47�4 as shovvn �� said sucvey; Th�nce cvr�tinue e�s#�rl�r along saiti northerly righf of way tine N 37° 46' 2g".E a distance erfi' 199:78 f�et �o point numt�r 476 as �hown on said survey, said point tyeing the beginning of a cunre �nc�ve tc� tt�e sc�utheast, Thenc� �c�rrtinue alc�ng said right uf vuay line nc�rtherly anti easteriy afe�ng the arc c�f s�ici cunre, tc� tt�e right, h�ving a r�d�u� c�� 1584.(�0 f+��t thrvugh a cer�ral angle of 1��' 5Q° for an �rc cfistar�ce c�f 3Tf.29 #eet tc� �cai�t numbef 4T7 as shawn or� saicf sc�rvey and represented by a 5t8" reb�r bea�r�g the registraticsr� numb�r F��.S 25t}7 �; Th�r� continc,� a�long said right of way lir�e �� 1° 25' 1 U" E a di�tat�ce c�� 17�I.42 �feet #o pairit t�umbee 481 as shc�wwr� cro saici �unrey and repres�nt�tl t�y �*18" rebar bea�ng the r+�istr�#ion n�rmber ��.5 25471, sai�i pc��r�t bein� tlt� beg�nnfng of curve conc�ve to the northwest, � , � �� ENGlIVEERtNG • SURV�YING • LAN�ISCAPE AF2GH�TE�TURE Page 2 of 5 Regular Council Meeting - October 15, 2013 - Page 70 of 129 Thence east�rly and nc�rthe€�y a�s�ng said right c�€ way dir��, a�lv�� tt�e arc of said curve. to ttr� left, having a�adisus c�f '�434.0{� Fe�t t�r�ugh a centr�� an�le c�f G�° 48` 3�" for an ar� di�tanc� of 2Q.29 #eet; Th�nc�e S 3� 23' 28" � a t�i�t�n�e c�f 15�.Ot} ��et to p�in# number 51t} lyinc� v�t 1t��e nt��th line of southwest c�n�a-t�uartec of the north�ast ane-�ua�ter of s��d Sectic�n 14 as shown on said sc�rvey and repre�entec! by a 1'12" re#��r b�earing tt�� r��strafi�r� n�mber L� 16294; Thenc� N 8�° 58' 44" E along saEd r�arth line a distance crf 5a�. �t 2 fee€ to t#��e nrrrthwes# cam+er a�f "Lot A', record�d as Baok 32' of Sunteys a# Page 8, records c�f s�it� F'ima Cot�nty, r�eptes�ent�d by a'#1�" rebar bearirtr� the registraticrn nurnl�er RLS 35543; from w�ri� a 1/Z" �bar, be�rir�� fhe re�is�r�#�c�n number RLS 13178, representing the northeast corr��r €�f said "l.ot A" iaears N 8�° 5�' 1�" E� clist�nce �f 6�31.93 feet; T#aec�ce � Ot3° 13' 17" V�' a�+�ng the w�st f��s r�f `Lc�#s A, B, and D� as: st�own ra� said surv�y a distance af 1��{9.�� fe+�t fia the sc�uth+�re�st cc�rn�r t�f sa+€� `�.� G►� iying an the narth n�ht r�f way iin� r�f �aid C?asis Rer�d, represented by a 172" rebar bearing �ie reg�stration number LS '(6294; T�en�e ��0£i° 33' 2�" E, i�erpendicular to said north rigkrt c�f wa�� tir+�, a cl�atance of 60.f?t� f��# t� t#�t€; sc�c�th right c�f w�y line taf said C}a�� R+�acl; Then� � 89° 2�' �4" V`t �ta�rtg ��c# ��uth m�l�# af w�y tine a dis#ance +�f 638'.t3� fe�t tc� the PUtNT t}F �EUl��il�lfi. Co�t�irti� 47.1 Q acres +�� nd, mare ar les�. S � � APE��CC �» ENGINEER�NG r S!:lRVEllit�lG • LRNDS€:APE ARGHtT�GTUR�'' F�2t�B 3 t!f 5 Regular Council Meeting - October 15, 2013 - Page 71 of 129 l�NSUBDIV��E�1 2 �nc� = 4�30 �'t, sT �,�� c�� ,� ��.� � a � _ QASIS Hlt�t.S � Bt]� 5t} PG �3 Mf�P` Ex1531N� � Bt�1UtVC�ARY TW�N PEA�+CS AN#� QASIS ANHEXAT1t�N A DEPICTiON OF EXHICtlT A PAG� 4 �1� � Regular Councii Meeting - October 15, 2013 - Page 72 of 129 EXHIBIT B � � �� ;�� 21�-��;-��7M l.I�tE 263E�,0� A �_ �� P.O:C. PC31�+fT C}F CG1Mt�E�tCEI�lENT P.C?.8., PC�(VT C3F BEGt�ftVG � MQNUMENT AS �1UTE[� rrrr-s E?�ISTIE'�G MA#2ANA BOUN�ARY �: r�t+lt+lEXATIt7Id E3QUN�ARY � P'ARCEL BOUt+il7ARY �■ �R , DE�tEL�QPMENT GONSULTANT'S, P� 2141 1�E A�tlERNpN WAY STE C Tucson AZ 85�i� 0-g7S-663$ FX. ��£�-74c �46�3 '� � TWI�1 PEAKS AN� t?��i� ANNEXAT`Mt?MV 'rAB1.E� � Regular Council Meeting - Ocxober 15, 2013 - Page 73 of 129 ANNE�ATION PE'�'ITION [TWIN PEAKS & ()ASIS ANNEXATI4N] � TO THE H4NOR�S,BLE M�YO�R AND COI�NCIL QF THE TC7WN QF MARANA, ARl "Lf)NA: We, the undersigned, being the owners of ane-half or more in value of the real and personal property and mc�re than one-half of the persons owning real and persanal property, as s�own hy the last assessment of said proper�y by t�t� County Assessc�r or by the Arizona Department af Revenue, which would be subjeet to ta�cati€�n by the Tc�wn of Marana in the event of annexatian wifihin t.�►e territary proposed tc� �e annexed, which is described in the legat descri�tion �.ttached to and incarporated in this P�tition as Exhibit t�, sa�d territory being cantiguous to the corporate lirnits of the Tc�wn of I�Iarana, with the exterior bc�undari�s of the territory propased tQ be annexed shc�wn c�n the mag attached to and incarporated in this Petition as �xhibit B, r�ques# th� Tawn af` 1Vlarana to annex the described territary as prQVid��d in A.R.S. § 9-471. �R.OPERTI' (�►�WI�tEI2: J��c� j �.�:5 �g',�°,e��^ �1 �,.� PRlJPERTY ADI3k�ESS; � �� PR4�P�;RTY DESCRIPTIC?N�; � �� '`�� ,r ✓/ � � ___. (or parcel number ar � � �.r � � . le�al d��cri�►tic�n) m� � �- AZ STATE TAX CC}DE #:: ALTTHE�RIZED SIGNA.TURES(S) Date; _ D�te: Date: _ . ,��.�, Date: (NOTEc Each si�;nature rr�ust be dated.} x:lsh�red fileslannexatian caseslannexxtiva stuff�24`t3 annexationsltwin peaks & oasislbiank_anne�cation petition.doc Regular Council Meeting - October 15, 2013 - Page 74 of 129 � s _.� _ � � a � 0: � � � � � �! � � � � � � � �' � � CIVII EMG1�iEERENfi • IANQ SItRV�Y1NG �XHi�IT A ••�•i �` ° • ! i i ,•• • �,11 that certaair� r�a�<p�rc�perty s�tuate fr� #he C€�unty �f Pima. Sta#� of Ariz�na, lc�cat�d �n S+�cti+�n 34, Tc�v�mship 12 �a�th, Range 12 Eas#, �ila, ar�d Sait R�rer IUleridian, mt�re �a�#icul�r#y desc�bec� ss fc�ttov�rss; Comme�c�ng at a�-�f f�� al+uminum cap on a 5/S"x 24' �od b�ari� the reg�sfratic�rt num�ier !�� 16294 +��t� r��r°esents ths center c�ne-q��rter cor�er c�# Sectian �t4, Town�t�� 12' �c��tt�, Range � 2 East, Gila and Sa�t River �tiAericiian, ��rna ��unty, Arizona, from w#�ich fhe ►��t c�ne- q�arler c�rn��r €�f sait! Sec#ic�n i4. repr�sented by a 5f8° stee8 rebar set in cc�ct�ete witla � 1-112" afuminurra c�p bearing # � h wy. e � reg nurnk�sr �S ��52. t�cars � 8�° 2�' 23° 4"�l {basi� tx� �GF![�,�� 7��lLrM.�Vr( .W�i�.li� �Tii`is�{ �� VE�iF RF�iV� {�{�.s VkdR�{�4ii�.��`7{.I�� /�� 1f4A�Fi"4��. r�preser�#�ti iay a 112" re�bar bearinr� #h� rec�i�tr�tiort n��n�r R�.S 11892, o# said Secti� 1:4 bea� � t�°�.�,,.7, 4� . E a di�t��tC� �f 1�1 �.7� feet; i�' , s . � • M • — . � t t i !i s 'i • �=r .0 � ' f � • • � ' • � � , w . i _ i � ' • ' f ♦�� i i: i� # � � •�..: i . f ♦.��.� t. ' ♦ � ° .0 . f R � i� 4 Then� � 89 26' 2�" �tV al�nc� s�id s+autta r�g�t crf way I��e a di�t�nc�:e �a� 1�8.28 feet to thre i�#er�+�t�ic�n w�th th� �t�uthvd€�ster��+ ��[onga#iart uf #he li�e €��ine�ci bet+n�en paint� 326 a�d 325 �C.ine 9} as sh� t�r� st�et R'�1t5 rr# #he survey re��ded as S��n� 1�tttm�er �t�1114]t�13, retx�rds of �aid F�r�a Gcaunfy; �;;. ��' � ..�:, �� Th�ncc�e ��7Q �,fi� 51' E a�c�ng s�rid Mine a distan� s�f )13.T� �t t� the ns�rth t�ht a�f w�y i�ne t�f �aid C3�.sis i��ad, � Thenc�e na��th right o# way li�e a' C�TiI Seq+�+er�c� Nt�. �t�111470Q� 3. and re�re�en#s�ci k�y a 5!8" rekaac bearing registrs�t�+�n r •: 2�►Q7"! ,�ai� p�in� k�i�g t�n the �rc c�� a r�c�n-tangec�t c�arue �r.av� ta th� n�ast, whic� � �adial be�� 2° '! �' '��#" '4#V'; "�' � .�. � � :� � 'Z"henc� w+�steriy �nd north�rty alc� said w�sterly rigt�t of way �it�e, �i+�ng t#�e �r� t�f said curve, ta tt�� r�h�t, hav�r�g a r�dius af 44Q,t� feef thraugh a central angl� r�f 36° 25` � fc�r ar� �rc dist�r�ce oi� �fi�.�'�4 feet ta a pvint c►f tanr��ncy representeci hy a�l8" �r be��ng rsc�ast�a�tion neamber RL> ��7'f ; . . . � � , � - � . - r • _ � - . . . �.-. ,. - s . . 2�4! M', ALVERIVC�4V WAIt' STE C� Tt1CSON AR1ZCtNA 8�7'12 • PH 5247-��?428 F?f �2t1-325��3959 W W W. c�p�X4�E'lVC�tt. G�lt"C'! Council Meeting - October 15, 2013 - Page 75 of 12S Th�nce con2in�ing alang saict wester(y ri�ht �f way, northerly and wesferly al�ng the arc €�f said cunr!e, #o �h� le�t, having � r�di�s t�€ 44.t3f� �e�f tt�rc�ug� a central an�ie of 93° 38' 39" for an arc clictance of �5.38 f�et t� a point c�f eompo�nd c�rvature as st�c�wn an said su�vey, �a�d p�int bein� represented' by a 5t8" ret��r b�aring �he registr�ti�n number RI.S 2�071; The�tce leaving said +nresterfiy cigt�t of way iine, �! 12° 2�` 'f 3x VtI a distance of 181.t� feet ta pc�i�t r�t�m�r 436 as shown on said s��vey, recarded as Sequence h�o. Q21114?#�Cl't 3, said point lying on the nt�rtherly rig�# of Tu�€� Peaks Bc��le�rard {previo€�sly kr�ov�rn as G�mi�o t� I4r11anana) and beir�� a�ra�nt of reverse curvv�ture represented by a 5�8� rebar beari�g registratis�n nur�ber Rf�S 25t�7'f thrcxugh whic� a ra�ial bears t� 22° 4{�' 1�" V'�; Th�nce east�r{y along th� pral�nga�ior� of tb�e �rc €�f said cucere, tv fhe right, ha�ing a radius c�f �3�4.U0 Fe�� thrt��h a�ntr�l a+ru,�le of Q2° 3+�' �4" fot� an arc dist�nce c�f it38_�7 feet tc� point number 443 tying on #t�e r�c�rth��fy rigt�# o� �y lin�e c�f said Twin P�a��cs 8�r�rlevard as sh�wn t�n said s��tey, �aid point rn� a point €�f rever�� cutvat�€re t#�rougts �ricta a radiat bears N 2�3a Q3' �� .. . . . . . . . Thenc+e cc��tir�us eas��rty along said ��t afi r�ray lir�e, a�ng th+e a�rc c�f a c�nre, to the � t�t, having a r�dius �s# �394.U{3' feet thrc►uc�h a cen#ral ang�e c�f �° 32' " fc�r an arc distanc+� � 2�.7� f�et to pc�ir�t �umber 444 as sfx�wn �an said s€�rvey; _ - . - _ . . . . . : �. . • . . - . •: - , : .. : - . � ., . _ - . . , s �� _ _ . .-. , -: : �..- ., ~._. .. ; . . . Thenc� cc�r�t4n�re ea�t�erty along said ei�ht €�f way I�r� N 6t! 2{�' 2�" E� dist�r�ce of 354.�7 feet tt� �+airtt number 446 lyi�c� c�n #he northe�ty right c�f way I��te af �id Twir€ P+�aks 8o��evar�, said' �int beirtg at the be�ir�nirt� af a' nan-tang+ent' cu�v� �nca�re tt� r�rtt�w�est tF�rr�c�� w�i�h pts�nt a racika�l t�ars S 41° 13' 1�x' E; Then� +�asterly ar�d n ��ty, atran� t� nc�rtheriy right c�f way lirye af �aicf T'win P�ks Boulev�r�i, a�ar�g the arc a# said �utrr�„ t� fhe left, havir�g a radius af 880.€ItJ feet tftrough a centra! angl� of 11' t}4' 24" fc�r an �rc distance of 169.t35 feet tc� �oi�tt numt:�r �474 a�s shsav�m on said s�rvey; Tf��ca�: continue �ast�:rly a#c�ng saic� nc�rthe�ly right c�f way iine N 37° 46' 2Ct° E a tiis#ance r�f 19�,7�3 �e�t fc� ��E3�t1� ttumber 47� �s Sht�t�t cro said s�rvey, said pc�in# l�ei� the int�n� of a curve cr�nca�re tr� tt� soutl�e�st; T�ence c�znf�r�u+e a1c�r�� ai�t right of w�y Gne r�ar�e+r��r and ea�s�rl� aic� t#�e ar� c�f saEi� camnr�, t�a t� r�gt�#, t�uing a raciius s�� 1584.t�t3 feet t�rc��,tg#� � e�ntra� �r��e crf 13° 38` �'Y'' fc�r �n �rc di�tat��e of 377.29 f�et tc� �in� n�r�rber 477 as sttown c►n said surv�y ar� represented by e 518'' r��r bearirtg: �he �ist��ti+�� number R�� s�}71; I I IPcP�C�. CCiCStiIt EEtP'r �itt}�� S�tt� TIC,��'�' �'� Y#��/ �II�IP. ��'�''� ° M°�� #�}" �"� C�IS�i'iT�G�' O� '� l V.�G ��O �1IRL r�umE�+er 48�# as shr�w� an sa�d s+urv�y anrS represent�d t�y a 5f8" c�trar bearing the �istrat�an n�tmb�r �LS 25�71. ��id po�nt bei�t� th+a t��nning of curve r�cavs tc� the northwest; ,, �� ► �; EI+iGINEERENG � Sl3RVE`llIVG • LANDSGAPE ARCNti'�CTURE Pag� 2 of 5 Regular Council Meeting - October 15, 2013 - Page 76 of 129 '(`I�en�c+e easferly a�ci n�rfherly along �aid right of way iine, a1cm� th� arc c�f said c�:ve, �o the 1eft, hav��g:a radius c�f 143�t.C►£? feet thrc�ugh a+central angle af 0° 4�' 38" f�r an arc distance of 2fl�29 #�et; ��nce �„ 3�° 23� �8" E a dista�ce c�f 150.00 feet to pQint nurntle� 51t? lying on #he nortl� line �f �c�uthw�st c�r�e-c��r af the nort�as# ar��-quarter c�f said Sec#ion 't4 as shown an s��d se�ruey �nti represent�ti k�� a 112" rebar �ar�n� tt�� r�i��r�tior� numt�er LS '16294; Ther�c� N E��° �8`° 44' E alvng ��id north li�+� � distan+ce c�€ x58.1 � f�et tt� the northwest ct�rner 8f' "Lc�t �°'; rec�o�ded a� Bc�c�k �� c�f �uev�y� at Pa�e 8, r�ecc3rd� r�f sa�€� Pirna C�unfy, represent�d k�y a 1 J��° rebar t�arin� th�; regi�tcat�c�rs nurYtk�r Rl.� 35�4�: €rc�m mv��i� �� f2" {et�r, bearing the re��str�tis�r� r�umbec FtLS 13178. represe�tir�g t#�e nc�r#�teast comer €�# said '�c�t A� Eaears �18�" ��' 16" E a d�st��ce of 681 93 feet; Th�nc;�: S t��}° 1�' 17' V1� alan� tt�e �k tir�+�s of �Luts A�. �. �r��f Q'� �s ��awn on saud sur�vey a distar�ce €�f 12#3i3.85 feet tc� tt�e sc�ut�w�;st �rn�r o�' said ��c�t �T tyi�g on tfie north ric�l�t c�f` v�a� lin� c�fi said Qasis R�ad. r�p�eser�ie�i b�r a'f12'" �et�� bea�ng the r��istr�tir�n number � s 1629�; Tt��r�� °��"��, laeeep�endicuiar tc� sai�i nc��kh r�ht c�� wa� �ine, a d�tance o€ 60.f� f�f tt� �_ Ett+e ��c�ti� tight c�# 3+rray 1ia�+� t�� s�aid C]�sis �c�ad; TF�ence S 8�° ��6' �4' i�l at€�r�g saicf s�c�ft� �M +�f w�y iin� a dis�a�tce cYf 8�3.Q3 fe�t' t� th� PfJE#�IT i�� E�Gii�It+[tNCa. Ccsrrt�ir�ing 47.'Etl a�res of lancl, rnoce ar l�ss. �� h; ENGtNEE�t�1+t�G * St1RVEYtNG • LAi�ILtSG�4�'E ARCHiTECTUR� Page 3 tsf 5 Regular Councit Meeting - Odober 15, 2013 - Page 77 of 129 �� I inch = 4QQ � t, �� l�NSIJBDiYII�EII � ��` ��€rsr�r�� `r ec�u�t�a��r r ■� .,r �� ' � , w� �,'��' � P�l�C`�L 21b-3�-t� a��l SECTIflN LINE �� iG��t��t.Q.� ! w � ��c�.c. �t�� ec��s��rvc�� .e. ��€r� a� �� u�� ,�s r�o�� „�� x�s��r€�� r�a��r�� ec�ra€�� €��v�x� e��r � ��c�� cu�� 7'1�VI N PEAKS� AND OA��S /�NNEXATIQN .A �?EP1CT10N tif' E7C�i1BlT A �'+�G�� 4 �F 5 Regular Council Meeting - October 15, 2013 - Page 78 of 129 __ . - _ � .-a■ r.rs. ° � ' DEVEL�PME'NT C�NSU��`ANTS, PC 214t N, A�VER�tDN WAY S�E C T�acsan A� 8�712 5�4-9�75-6f�3$ FX: 520-74�-4�2� TWi°N PEA►KS ANa C�AS�S: ANNE�tAT1t'�1�1 TABLE� Regular Council Meeting - October 15, 2013 - Page 79 of 129 C�I�iSENT TU CQNDITION5 OF A,NNE�CATION AND WANER OF CLAIMS FUR P4SSI�3LE DIA+iINUTIC?N OT VALUE RESULTING FRUM TUWN OF MARANA ORi3INANCE 1�t0 2013k� AJS t)ASts, LLC, an Arizc>na Iimited liability campany, (the "�wner"} owns the iand referred ta in this instrume�xt as the "Praperty,"' which is particularly described in Exhibit A attached tu Marana Ordinancc Na. 20I3.� (the "Ann�xation Chdinarnce") and incorporat�d by this referenc� in thi� instrumen� The Property is the subject of Tawn of Marana annexation case nurnber ANX1306-001, filed on behalf a€the Owner. The Owner l�er�by agrees and cansents to all of the conditions imposed by the Ann+�xatian Ordin�ncey including all stipulations adopted by fhe Marana Town Council in cc�nj�nctiun wi'th the aPProval of said t?rdinance, and waiYes any right tc� compensation for diminutian in value pursuant ta t�rizona Revised Statut�:s § 12-1134 that may n4w or in the fu�ure exist as a result of tl� approval af said Chciinanc�, 1'he ()vvner also consents to the r�c.t�rciing of this documen# in the office of the Pima Caunty Re�ord�r, tt� give n�tice of this ��strument anci its effects to successors in interest of t�e Prop�rty, who shall a�so be bc��und by it. �3ated this '� tiay c�f��p f: _._. 2013. A.iS Cl�s�s, LLC, an Ari.zona limited li�bitity � STATE UF ARIZONA � 5S Caunty of Pima } The foregoing instrurnent was acknowledged before me on a _�,�� , 2413 by Alfred J. Sciuta, Member of AI� Oasis LLC, an Arizcynna limited lia�►►iliiy campau�, on behalf +�f the cc�mpany. M cc�rnmission ex ires: � Y � NQtaiy Public � ��.�� j � � �-,�..��,-��:�-.,�.��- � � �--,��.�:�.�-.��.�� ` • �, � �' ��" �, 4 � � '�` �� ,� �, '��, ,� �� ` r � � �► , � '��,��;,� , � � '. . � � � �' `. � �� .--��.��` � �=��=,� m�e��.-'� .�:�� Regular Council Meeting - October 15, 2013 - Page 80 of 129 �� GIVIL ENGINEERIN� • i.AFJD SURVEYING W v � � W � � �' � � � � � �' � �' �' � �` EXH1�3tT A PR+C7PC��} ANNE fiiQN TO TH TC?WN �F MA�iA�1A All that ce�tain r�al property situ�te in the C�unty of P�ma, State of Ar'tzc�na, tocat�d in Sect�n 14, Tc�wnship t 2 Sottth, F2�nge 12 East, Gila and Salk River Meridian, rnore p�icutarly descr�ibed as fc�l�c«wrs; Cttmrrw�nc�ng at a 3-114" �iuminum cap on a 518"x 24" rvd bearing the registrstian numt�r Lu 1��9►4 wt►ich re�►res�nts the cerrter one-quarEer corr�er af Sectian 14, Township 12 South, Ftan$e 1.2 East, Gila and Sa#t River Meridian, Pima Caunty, Arizarta. frorn which the �at ane- qua�ker comer vf said �ectian 14, reptesented by a 5l8" steel rebar set in cancr�te v�ith a t-1f2" a�uminum c�� bearing #he registration nuimber LS 14�i2, bears 5�89� 26' 23" W(basis of bearings) a d�siance of 2836.09 fe�t. and also from wt�ich the center sauth t�16 r�rner, rept'e��er�ted by a 1/2'" retrtr t�aring the �i�tr�tion nt�tnber RLS 11832, af s�ai�! S�cti�n 14 bears S Q��7' 4. ' E a distance of 1315_72 feet; Ther�ce S UC?° ��` 43' E along the mid-section line a di�tanc� of 3fljf�4 feet to the PC}INT C}F BE+GINNtNG iying on the st�+uth t+gh# czf �nray iin�e of ��sis R�ad a� ded�t+ed by Bcrak 3 af Roar! Maps at pa�e fi9, records a# Pim� Cotanty, Arizona, Thence S 8�° 26" 23" W atc�ng said s�uth right of way lin+� a di�ta�ce of i848.28 feet; to the i�terse�tic�n witf� the southwester{y prrrl�r�gat�on of the line defir�ed betw��n points 326 and 325 (Lirre 9) as shc�wn c�n sh�e# RV1f5 of th� sunrey re�card+s+d a� Seque�ce I�URtber 2�111�170U13, r�cords of said Pirrt€a County: Ther�ce N 57° 36' S1" E alc�ng sa�id line a d�st�nce �f 113.78 f�t �v the norttt right ot way Ilne of sa�d �is Road°; Thence N 89a 2�' 23" E aEs�ng said �orth right of way line a distance aF 678.61: feet to a point art th,a w�scc�swrlv ririht iAf ws�v:clin� n#'t�acis �tnad�; ntlted :�s ��1`t)tlOS�'1 Ott Satd 34![Y@Y. C@COt�6fj 8S' �� { � a �a � �� ) �equ�nce Mo. 2011147�13, and re�xeser�ted by a 518" reba�r t�arin� registcation numl�r RLS � 25Q7t, said pc�int being on the arc c�f a n�nwtanger�E cunre �ncarf� to the n+�rtheast, through wh�ch � radfai bears S 3�° 12' 14" V11; � .r�r �' �' � Then�e w+es#erly and north�#y �long said westerl� ck�ht of way to the right, ha�in� a radiu� of 44Q.0� feet through a car�tcal an� cfistance of`27'9.7d feet tQ a pc�int of tangency represented by a number RLS 2�U71; Thence ctantinuing ak�ng said westerly righ# of wa�t line N 21° 22' f�" W a di�tance af 22,5#3 fee# ta the t�eginning �f a curve cc�ncavs to the sc�uth;; 2141 N. ALL�E�it+talV WAY S7E' C• TUCS4?N A�120NA 85712 • RF1520-990-0426 F7( 52t�-32S-39�9 wwHr. ape�c�i� �cc�n . com i� Regular Council Meeting - October 15, 2013 - Page 81 of 129 Thence continuing atong said westerly right of way, nartherty and westerly along the arc of said curve, to the I�ft, having a radius af 40.Of1 feet through a centrai angle of 93° 38' 39" for an arc distance of 65,38 feet to a point of compoun+i curvature as shown an said survey, said point bei�g �presented by a 5/8" �ebar bearing the registratic�n number RI.S 25071; Thence teaving said westeny right of wa�r li�e, N 42° 26' 13" V1t a distance of 181.Q6 feet tt� point number 436 as shawn an said survey, recc�rded as 5equence Na�. 02i 1147�13, saitl pr�i�t iying on the northerly right of Twin Peaks Baulevartl (previously known as Camina Qe Ma�ana} and bein� a point af reverse curvature represented by a Sl8" rebar bearing registrati+�n nurnber RLS 25071' th�ough which a ra€iial bears N 22° 40' 19" 1N; Thence easte�y alang the prc�longatian of the arc af �aid curve, to the right, having a radius of 2394.00 f�et through a cen#rat angle of 0�° 36' 24�' for an arc ctistance of 108.87 f�et tQ pc�int number 443 tying, or� fh� northerly right af way line of said 'Twin Peaks Boulevard as shown Qn said' survey, said point being a point af reverse curvatu�e tl�rough whacfi a �adial besrs N 2�° U3' �8" UV; Thence continue �ast��ly alang said r�gt�# of way fine, alang tF� arc of a curve, ta the right, having a radius af' 2384.U0 feet tFrraugh a oenVal angls of OU° 32' 38" for an arc distance of 22.72 feet ta painE numb�er 444 as shown an said survey; The�ce continue eas#�rly alang; s��€1 right of way line N 7Q° 28' 39' E a disiance of 272:98 feet t+� a paint on the north nght of way line of Gamino De Mariana (dedicated by Boak 2 of Road Maps) as shown on said sunr�y. Thence corttinue easteriy alc�ng said r+ght vf way line N 6�° 20' 23' E a distance af 354.27 fieet to poirtt number 4461ying an the nonherly right of way Gne o# said T+�rin Peaks &wle�ard, said' point beir�g at the begin�ing of a r�on-tar�ent curve conca� ta fhe nart�weat through which po�nt a radial bears S 41° 13` 16° E; Thence easterly anc� no�th�rly, alang #he �orthe�ty nght of'way line o#'said Twin F"�aks Bouievard, ala�g tf�� atc of said cur�re, t4 the left, having a radius af S80.f10 feet thtaugh a ce��ral angte af 11 ° Of�' 24' far an arc distar�ce of 169.05 feet to paint number 474 �s shown on saicf survey; Thence cc�n�irtue easterty ar�c�ng said r�a�therfy right af way l�ne �V 37� 4�' 2fi" E a dist$n�e of 199:7� te�# tc� point nurnfaar �€76 as show� on said survey, satd point t�:ing the beginr�i�� c� a curve concave ta th� s�utheast; Thence cuntinue aWng said right of way lirre nos#herfy and easterly aiong the arc aE said curve, to the right, having a radius of fi584.00 feet fhrou�h a central angle af 13° 38' S0" For an arc dist�nce of 377.29 fe�t to point number 477 as shown ort said su[vey and represented by a 5/8" r�har bearing the registration numk�er RLS 25071; Thence cantinue alang s�id r�ht of way iir�e N 51 °' 2�' � f�"' E a distance of 17f�':42 fe�t tv paifl# numbe� 461 as shown an saicf survay and rep�esented by a 5/8° rebar bearing the (egistrafivr� number Ri.S 25U?1, said pait�t being the beg�r�r+ing af curve conca�r� to the nc�rtFswest; �� = � APEX ENGINEERING • S'URVEYING • IAN�SGAPE ARCHIT�CTURE Page 2 of'� Regular Council Meeting - October 15, 2013 - Page 82 of 129 Then�e eas#erly and northerly along said r�gt�t uf way line, alang the arc of said cunte, ta th� le€t, having a cadius r�f 1434.Ot1 feet through a�ntrat �ngle af t�° 4$'.38" for an arc distance of 20.29 feet; Thence � 39° 23' 2S" E a dist2�nCe af 150.Q� feet to pairtt number 51{? lying on fhe north f±ne of �outhwes# c�ne-quarter o# the na�theast orte-quarter of s�id Sedion 14 as shown on said suruey ancf r�presented by a 112" rebar bearing the regi$tcatic�n number LS 16294 Th�r�ce N$9° 56' 44N E' alar�c� saiti narth line a distan�e t�f 558.12 fe�;t ta tfie northwest comer o# ��Lot A", recort�ed a� Br�ot� 32 c�f S�r►reys at Page 8, recards t�f �aid Pima Gounty, represented by a 1J2" r�t�ar bearing the r�gistratian nurnber RLS 35543; from wt�ich a 1t2" rebar, bearir� fhe regis#ra#ivn numi�er RL5 13178, repr�se�ting the northeast cvcner c�f said "Lot A' bears N 89° 59" 16� E a dist�r�cc�e of 681 _9� fe�et; Thence S p{�° t 3" 17' W atong the west {ines af' "Lots A, B, anti' Dr as shcwn or� said �unrey a distan�e a# 128{}.85 feet tc� the southwest carr�er c�f sa�d °Lc�t D" iying on the nc�rth right of way tine a# �aid �a�sis Rvad, repre�ntetl by a 112" r�6�r bea�ir� the r�gRStrat�n numb�er LS 16��4; Thence S(lQ° 33'' 26" E. R�+rpendicular #o said narth right o� w�y �i�e. a distance of 60.� feet to the sauth rig�rt �f way line of said 4a�is Rr>aa€�: Thence S 9° 26` 34" VV' �te�ng said svuth nght of way line a d�stance af 63F3.Q3 Feef to the POINT fJF BEGINNtNG. Containing 47.10; acr�s of land, titr�cxe ar t�ss& ��= �A �._.;� `� �� "� ��`�° �NGINEERING • SUR'VEYFNG • IANDSCARE AtRCHITEGI`URE Page 3 of 5 Regular Council Meeting - October 15, 2013 - Page 83 of 129. � 1 irtch = 40U ft, i/4 CURNER ��' ��a�� Q �� AHNEaCATf�QN ,� aEp�cTiow o� Ex�iB�� a UNSUBDIYIDED 60 PG � ,� �: � 3 � � �,��,'�.�`" . �� SECTIQN LINE 26'23`�/ 2636.09 � r � . � P.Q.C. P'.t?.8. � r-r�s-r,. �� L�d�. PQlNT OF COMMENCEMENT POIN7 {� BEGINING MUNUhfENT AS I�tQTED' EXISTING MARANA 64UNQARY ANNEXATION BOUNQARY PARCEL BOt1NQARY �� DE1fELDPMENT CCtNSlJ�TANTS, PG 21�1 N. ALVERNdN WAY ST`E C Tucsan AZ 85712' 0-975-6638 F'X: �24-742-46c� � 4 Regular Council Meeting - October 15, 2013 - Page 84 of 129 e 'TVItIN PEAKS AND OASI$ ANNEX�TIDN TA►BLES PA�GE 5 i7F S � �� Regular Council Meeting - Odober 15, 2013 - Page 85 of 129 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, October 15, 2013, 7:00 PM To: Mayor and Council From: Frank Cassidy, Town Attorney Strategic Plan Focus Area: Not Applicable Item A 2 Subject: Ordinance No. 2013.022 (Revised): 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 Resolution No. 2013-084 (Revised�: Relating to Development; declaring as a public record filed with the Town Clerk the amendments adopted by Ordinance No. 2013.022 (Revised), 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 September 3, 2013, the Council adopted Ordinance 2013.022 (whose substantive provisions were made a public record by the adoption of Resolution 2013-084), with the primary purpose of prohibiting medical marijuana dispensary offsite cultivation locations in the town limits of Marana. One of the ancillary provisions of the ordinance required medical marijuana dispensaries to cultivate all medical marijuana offered for sale on-site. After the ordinance was adopted, the owner of one of the two medical marijuana dispensaries located within the town limits of Marana approached town staff and explained that dispensaries are not capable of cultivating all medical marijuana offered for sale on-site. To have marketable quantities and varieties of inedical marijuana, the owner explained that dispensaries must have the ability to acquire medical marijuana from other sources as permitted by Arizona law. On October 1, 2013, the Council adopted a motion to reconsider Ordinance 2013.022 and Resolution 2013-084 for the limited purpose of deleting the requirement that a medical marijuana dispensary shall cultivate all medical marijuana offered for sale on-site. Tonight's acrion is that reconsideration. The only substantive revision contained in the revised versions of Ordinance 2013.022 and Resolution 2013-084 as presented at tonight's meeting compared to the version adopted on September 3 is the deletion of the requirement that a medical marijuana dispensary shall "Cultivate all medical rnarijuana offered for sale on-site." To distinguish the revised ordinance and resolution from those adopted on September 3, the captions and footers of the documents include a notation "(Revised)" and the texts of both revised documents include an explanation of the reconsideration process that led to the revisions. Regular Council Meeting - October 15, 2013 - Page 86 of 129. If the reconsidered and revised versions of Ordinance 2013.022 and Resolution 2013-084 are adopted as presented at tonight's meeting, they will be effective on November 15, 2013, the 31 st day following the adoption. ATTACHMENTS: Name: Description: Type: � ORD 20130924 Medical Mariivana LDC amendments REVISED Ordinance 2013 022 REVISED Ordinance (00035503).docx � RSO 20130924 LDC medicat mariivana revisions text REVISED Resolution 2013-084 REVISED Resolution (00035504).docx Staff Recommendation: Staff recommends adoption of Ordinance 2013.022 (Revised) and Resolution 2013-084 (Revised). Suggested Motion: I move to adopt Ordinance 2013.022 (Revised) and Resolution 2013-084 (Revised). Regular Council Meeting - October 15, 2013 - Page 87 of 129 MARANA ORDINANCE NO. 2013.022 (REVISED) RELATING TO DEVELOPMENT; AMENDING THE MARANA LAND DEVELOPMENT CODE TO PROHIBIT MEDICAL MARINANA 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 2010.18 on October 19, 2010, 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 thaf 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 Marana Ordinance No. 2013.022 was originally adopted on September 3, 2013, but was the subject of a successful motion for reconsideration passed on October 1, 2013, for the limited purpose of deleting the requirement that a medical marijuana dispensary cultivate all medical marijuana offered for sale on-site; and WHEREAS the Mayor and Council of the Town of Marana find that the revisions adopted by this ordinance (as revised on October 15, 2013) are in the best interests of the Town of Marana and the general public. {00035503.DOCX /} Mazana Ordinance 2013.022 (Revised) - 1- 9/24/2013 3:10 PM FJC Regular Council Meeting - October 15, 2013 - Page 88 of 129 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION l. 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 (as revised on October 15, 2013) of the Town of Marana, Arizona; are hereby referred to, adopted and made a part of this ordinance as if fully set out here. 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 sha11 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 rernaining portions of this ordinance. SECTION 4. T'his ordinance is effective on November 15, 2013. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15�' day of October, 2013. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk {00035503.DOCX /} Marana Ordinance 2013.022 (Revised) APPROVED AS TO FORM: Frank Cassidy, Town Attorney -2- 9/24/2013 3:10 PM FJC Regular Gouncil Meeting - October 15, 2013 - Page 89 of 129 MARANA RESOLUTION NO. 2013-084 (REVISED) RELATING TO DEVELOPMENT; DECLARING AS A PUBLIC RECORD FILED WITH THE TOWN CLERK THE AMENDMENTS ADOPTED BY ORDINANCE N0.2013.022 (REVISED), 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, in place of the original version of Marana Resolution No. 2013-084 that was adopt- ed on September 3, 2013 and was subject to a successful October 1, 2013 motion for reconsid- eration. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15�' day of October, 2013. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk {00035504.DOCX /} Resolution No. 2013-084 (Revised) APPROVED AS TO FORM: Frank Cassidy, Town Attorney 9/24/2013 3:19 PM FJC Regular Council Meeting - October 15, 2013 - Page 90 of 129 EXHIBIT A TO MARANA RESOLUTION NO. 2013-XXX Amendments to Marana Land Development Code Title 5(Zoning) and Title 8 (General Development Regulations) adopted pursuant to Marana Ordinance No. 2013.XXX, 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 deietions shown with �*�'�� and additions shown with double underlining): 05.02.06 Medical Marijuana Disnensarv �ses 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:_ �ie� „_ . B. A medical mariivana dispen- sarv 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 �*m'�� and additions shown with dou le underlinin�): 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-_ - - - - — _ = [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 °'--�'�� and additions shown with c�ouble 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: {00035504.DOCX /} Resolution No. 2013-084 (Revised) EXIl1Ult A 9/24/2013 3:19 PM FJC -l- Regular Council Meeting - October 15, 2013 - Page 91 of 129 EXHIBIT A TO MARANA RESOLUTION NO. 2013-XXX Amendments to Marana Land Development Code Title 5(Zoning) and Title 8 (General Development Regulations) adopted pursuant to Marana Ordinance No. 2013.XXX, prohibiting medical marijuana dispensary offsite cultivation locations in the Town of Marana 2 The indicated criteria and limitations are satisfied. 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 ' s�+ua#ier�, 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 05.12.02 (Light Industrial) is hereby revised as follows (with deletions shown with st�e�s and additions shown with double underlinin�): 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 � #aer�, subject to the requirements found in Section 08.08. „ .� . [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 °*�'�� and additions shown with double underlinin�): 05.12.03 HI Heavy Industry [No revisions in paragraphs A through C] D. Conditional Uses. [No revisions in subparagraph 1] {00035504.DOCX /} Resolution No. 2013-084 (Revised) Exhibit A -2- 9/24/2013 3:19 PM FJC Regular Council Meeting - October 15, 2013 - Page 92 of 129 EXHIBIT A TO MARANA RESOLUTION NO. 2013-x:XX Amendments to Marana Land Development Code Title 5(Zoning) and Title 8 (General Development Regulations) adopted pursuant to Marana Ordinance No. 2013.X��X, prohibiting medical marijuana dispensary offsite cultivation locations in the Town of Marana 2. Medical marijuana dispensary ' �, subject to the conditional use permifi 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. Maxana Land Development Code Section 08.08 (Medical Marijuana Uses) is hereby revised as follows (with deletions shown with ��s and additions shown with double underlinin�): � 08.08 Medical Marijuana isnensarv 1�ses. A. The minimum requirements of this section shall apply to al� 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: A notarized authorization executed by the property owner, acknowledging and consenting to the proposed use of the property as a medical marijuana dispensary e�-a�-r�aedisa� , �le. 2. The legal name of the medical marijuana dispensary ^r� �. , 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). �6. A notarized certification that none of the nonprofit medical marijuana dispensary officers or board members has been convicted of any of the following offenses: {00035504.DOCX /} Resolution No. 2013-084 (Revised) EXlllblt A 9/24/2013 3:19 PM FJC -3- Regular Council Meeting - October 15, 2013 - Page 93 of 729 EXHIBIT A TO MARANA RESOLUTION NO. 2013-XXX Amendments to Marana Land Development Code Title 5(Zoning) and Title 8 (General Development Regulations) adopted pursuant to Marana Ordinance No. 2013.XXX, prohibiting medical marijuana dispensary offsite cultivation locations in the Town of Marana 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. ii. 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 #�e�--lesa�+e+� will be secured, enclosed, and locked as re- quired by law. 89. 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 e�e�a�--�a�- afla—�ispe�s.a�—e#�s :° ^� �'*�.,^+�^., '^^^+�^., 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 surveyor. 9�. A notarized acknowledgment of the requirements of Pima County Code Chapter 8.80 ("Medical Marijuana"). � A morlin.�l m.erii� ��n.+ rlic.nenn.+ni c�l�..11 h.+vo r�nor�++inn h�� rn n�� e.+r v: � cTrr�............ � � �...� ��..u� �u ..��vNv GB. A medical marijuana dispensary shall: {00035504.DOCX /} Resolution No. 2013-084 (Revised) EXY11Ult A 9/24/2013 3:19 PM FJC -4- Regular Council Meeting - October 15, 2013 - Page 94 of 129 EXHIBIT A TO MARANA RESOLUTION NO. 2013-XX�� Amendments to Marana Land Development Code Title 5(Zoning) and Title 8 (General Development Regulations) adopted pursuant to Maxana Ordinance No. 2013.XXX, prohibiting medical marijuana dispensary offsite cultivation locations in the Town of Marana 1. 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 disaensarv �. 7. Have operatina 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: 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 Iibrary 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 rnarijuana dispensary offsite cultivation location ^^�T , +�+s��ses�a�e� is prohibited within the town Iimits. F6. The number of inedical marijuana dispensaries permitted within the town limits of Marana shall be Iimited to two. The number of permit- {00035504.DOCX /} Resolution No. 2013-084 (Revised) EXlllblt A 9/24/2013 3:19 PM FJC -5- Regular Council Meeting - October 15, 2013 - Page 95 of 129 EXHIBIT A TO MARANA RESOLUTION NO. 2013-�� Amendments to Marana Land Development Code Title 5(Zoning) and Title 8 (General Development Regulations) adopted pursuant to Marana Ordinance No. 2013.XXX, prohibiting medical marijuana dispensary offsite cultivation locations in the Town of Marana 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 figure for Marana. {00035504.DOCX /} Resolution No. 2013-084 (Revised) EXIllUlt A 9/24/2013 3:19 PM FJC -6- Regular Council Meeting - October 15, 2013 - Page 96 of 129 WCG develop a strategy that will guide the Town in achieving the goal of reaching a competitive market position. After thoughtful consideration of the strategies presented, Town staff recommends that theTown implement the recommendedpay structure at 100% of the market by January 1, 2014, which would achieve the three key points identified above. The FY 2014 budget adopted by Council in June includes $180,393 in the General Fund that was budgeted in anticipation of funding the study recommendations. Additional funding from the General Fund required to fully implement the proposed pay structure by the January l, 2014 date amounts to approximately $95,000. Dollars from within funds other than the General Fund will aiso need to be reallocated as discussed in the Financial Impact section below; however, these reallocations do not require Council approval. Additional efforts made by department heads to find available recurring funds in their existing budgets resulted in the identification of the amount needed from the General Fund to fully fund the proposed pay structure effective January 2014 (mid-fiscal year). Two resolutions are presented for Council consideration tonight: The first resolution approves and adopts a compensation philosophy for compensation of Town employees, and authorizes the Town Manager to implement the compensation philosophy consistent with budget capacity and authority. It also grants the Town Manager authority to administrati�ely implement the new pay structure/salary schedules for all employees of the Town consistent with Town Council-approved budget capacity and authority. The second resolurion authorizes reallocation of funds budgeted in the General Fund to support implementation of the study findings. Financial Impact: The estimated cost of a January 2014 implementation (mid-fiscal year) for all funds, including employer related expenses, is approximately $303,993. $275,393 will be paid from the General Fund, $7,200 will be paid from the Highway User Revenue Fund, $16,000 will be paid from the Water Utility Fund, $3,600 from the Wastewater Utility Fund and $1,800 from the Airport Fund. ATTACHMENTS: Name: [� Reso 2013-093 for CC JF .docx Description: Type: Resolution Exhibit Resolution Reso 2013-093 � Ex A CC 00035532.DOC Ex A to reso 2013-093 � Reso 2013-094 for CC Reso 2013-094 2 . DOCX Staff Recommendation: Staff recommends approval and adoption of the proposed compensation philosophy, including granting the Town Manager authority to administratively implement salary schedules, consistent with Town Council-approved budget capacity and authority. Staff also recommends funding the implementation of the new pay structure at 100% of market by January l, 2014, utilizing all available funding as identified in this communication. Suggested Motion: I move to adopt Resolution No. 2013-093, approving and adopting a compensation philosophy and authorizing the Town Manager to implement the compensation philosophy consistent with budget capacity and authority, and Resolution No. 2013-094, approving the transfer of funds for the purpose of implementing a new pay structure for Town of Marana employees by January l, 2014. Regular Council Meeting - October 15, 2013 - Page 98 of 129 11555 W. CIVIC CENTER DRIVE, MAR.ANA, ARIZONA 85653 Council Chambers, October 15, 2013, 7:00 PM To: Mayor and Council From: Suzanne Machain, Human Resources Director St�ategic Plan Focus Area: Progress and Innovation Strategic Plan Focus Area - Additional Information: Item A 3 Under the Progress and Innovation focus area of the Strategic Plan, Initiative 1 is to create an organization of excellence. Included in this initiative is the strategy of developing a highly competitive pay philosophy to recruit and retain quality professional staff. The Town contracted the Waters Consulting Group to conduct a comprehensive classification and compensation study including the development of a compensation philosophy. Subject: Resolution No. 2013-093: Relating to Personnel; approving and adopting a compensation philosophy for compensation of Town of Marana employees; authorizing the Town Manager to implement the compensation philosophy consistent with budget capacity and authority. Resolution No. 2013-094: Relating to Administration; approving the transfer of $180,393 in budgeted expenditure authority from the General Fund general government (non- departmental) line item and the transfer of up to $95,000 in budgeted expenditure authority from the Development Services Admin budget to the wages and benefits line items within various Town departments in the fiscal year 2013-2014 budget for wage adjustments for various employees due to the implementation of a new pay structure Discussion: The Town engaged the Waters Consulting Group (WCG) from Dallas, Texas to perform a comprehensive classification and compensation study which was initiated in April of 2013. Over the last 6 months, WCG collected employee data and met with Town employees for the purpose of evaluating and properly classifying Town jobs. All Town job descriptions were revised as part of the process. Additionally, WCG performed a compensation and benefits study, developed new salary structures, and assisted the Town in developing a pay philosophy consistent with the Town's strategic plan. WCG lead consultant Ruth Ann Eledge is present tonight to provide a summary of the work performed. Implementation of the new pay structure as recommended would have the effect of: 1. Increasing the salaries of employees who fall below the minimum of the new pay grade to the new grade minimum. 2. Correctly placing employees who are on a step structure on the same step in the new structure. 3. Appropriately realigning employees working outside the scope of their classification into an appropriate classification and pay grade for the work being performed. Anticipating that implementation costs would exceed available funding, the Town requested that Regular Council Meeting - October 15, 2013 - Page 97 of 129 MARANA RESOLUTION NO. 2013-093 RELATING TO PERSONNEL; APPROVING AND ADOPTING A COMPENSATION PHILOSOPHY FOR COMPENSATION OF TOWN OF MARANA EMPLOYEES; AUTHORIZING THE TOWN MANAGER TO IMPLEMENT THE COMPENSATION PHILOSOPHY CONSISTENT WITH BUDGET CAPACITY AND AUTHORITY WHEREAS the Town of Marana is committed to providing a fair, balanced, and highly competitive compensation package for its employees; and WHEREAS in March 2012, the Town Council adopted the Town of Marana Strategic Plan II (the "Plan"), and under the Progress and Innovation focus area of the Plan, Initiative 1 is to create an organization of excellence; included within this Initiative is the strategy of develop- ing a highly competitive pay philosophy to recruit and retain quality professional stafF; and WHEREAS the Town Council recognizes that the Town is a steward of our cornmunity's resources and that the Town's compensation philosophy must take into consideration the Town's financial wellbeing and ability to pay; and WHEREAS the Town Council finds that adoption of the compensation philosophy con- templated by this resolution is in the best interests of the Town of Marana and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE M�4YOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Compensation Philosophy for the Town of Marana attached as Exhib- it A to and incorporated by this reference in this resolution is hereby approved. SECTION 2. The Town Manager is hereby directed and authorized to implement the compensation philosophy approved by this resolution for and on behalf of the Town of Marana, consistent with Town Council-approved budget capacity and authority. The Town Manager's authority to implement the compensation philosophy includes the authority to administratively implement a pay structure (also referred to as salary schedules) for a11 employees of the Town. Resolution No. 2013-093 - 1 - Regular Council Meeting - October 15, 2013 - Page 99 of 129 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15 day of October, 2013. ATTEST: Mayor Ed Honea : ' ' _� • � . ��iu� Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Resolution No. 2013-093 - 2 - Regular Council Meeting - October 75, 2013 - Page 100 of 129 COMPENSATION PHILOSOPHY FOR THE TOWN OF MARANA October, 2013 The Town of Marana is committed to providing a fair, balanced, and highly competitive compensation package for its employees. In alignment with our Strategic Plan, our goal is to recruit and retain high-performing employees who develop innovative approaches to serving our citizens and community partners. Our total compensation system will be one that is simple and easy to understand and can be clearly communicated to our employees. The Town recognizes that we are stewards of our community's resources and our total compensation should take into consideration our organizatiori s ability to pay. Therefore, we will focus on: • Monitoring and maintaining our system to provide the flexibility needed to respond to changing conditions in the organization; • Clearly communicating the benefits of our employee's total compensation. Total compensation is defined as: o Base pay, which is comprised of wages and salaries o Benefits, including but not limited to, health/life insurance, pension plans/retirement plans, workers compensation, and paid leave o Incentives, merit/ performance pay, and other supplemental pay and allowances • Offering base pay that is competitive within our defined market and balances the external market with internal equity; • Providing employee benefits in areas such as health insurance, retirement, and paid leave that offer flexible options for meeting our employees' needs within our fiscal constraints; • Recognizing and providing incentives for employee creativity and innovation that benefit the public through improved efficiencies, productivity, and commitment to service excellence; and Exhibit A — Resolution 2013-093 Regular Council Meeting - October 15, 2013 - Page 101 of 129 • Providing support, such as training opportunities and career development, to our employees in their efforts to attain new skills, achieve organizational goals, and enhance their professional growth. Within available resources, the Town will consider funding individual components of the compensation system each year during its annual budget process, working to establish a highly competitive total compensation package for employees. Exhibit A — Resolution 2013-093 Regular Councii Meeting - October 15, 2013 - Page 102 of 129 MARANA RESOLUTION NO. 2013-094 RELATING TO ADMINISTRATION; APPROVING THE TRANSFER OF $180,393 1N BUDGETED EXPENDITURE AUTHORITY FROM THE GENERAL FUND GENERAL GOVERNMENT (NON-DEPARTMENTAL) LINE ITEM AND THE TRANSFER OF UP TO $95,000 IN BUDGETED EXPENDITURE AUTHORITY FROM THE DEVELOPMENT SERVICES ADMIN BUDGET TO THE WAGES AND BENEFITS LINE ITEMS WITHIN VARIOUS TOWN DEPARTMENTS IN THE FISCAL YEAR 2013-2014 BUDGET FOR WAGE ADJUSTMENTS FOR VARIOUS EMPLOYEES DUE TO THE IMPLEMENTATION OF A NEW PAY STRUCTURE WHEREAS on June 18, 2013, the Town Council adopted the fiscal year 2013-2014 budgetary document and overall financial plan which set the legal level of budgetary control at the department level for the General Fund and at the fund level for all other funds; and WHEREAS in March 2012, the Town Council adopted the Town of Marana Strategic Plan II (the "Plan"), and under the Progress and Innovation focus area of the Plan, Initiative 1 is to create an organization of excellence; included within this Initiative is the strategy of develop- ing a highly competitive pay philosophy to recruit and retain quality professional staff; and WHEREAS in April 2013, the Town engaged The Waters Consulting Group to perform a classification and compensation study, which was recently completed; and WHEREAS the fiscal year 2013-2014 budget includes $180,393 in budgeted expenditure authority in the General Fund general government (non-deparhnental) line item which was budg- eted in anticipation of funding employee wage adjustments recommended by the classification and compensation study; and WHEREAS the Town desires to fund the implementation of the pay structure recom- mended by the classification and compensation study at 100% of market by January l, 2014, and, in order to do so, the Town must allocate approximately $95,000 in additional funding for employee wage adjustments from other General Fund budget sources; and WHEREAS the fiscal year 2U13-2014 General Fund budget includes $130,013 in budget- ed expenditure authority in the Development Services Admin budget for wages and benefits for a General Manager position that has remained vacant; and WHEREAS the transfer of up to $95,000 from the Development Services Admin budget will not significantly impact Town operations; and WHEREAS the Council finds that the reallocations addressed by this resolution are in the best interest of the Town of Marana and its citizens. Resolution No. 2013-094 - 1 - Regular Council Meeting - October 15, 2013 - Page 103 of 729 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town Council hereby approves the transfer of $180,393 from the Gen- eral Fund general government (non-departmental) line item and the transfer of up to $95,000 from the Development Services Admin budget to the wages and benefits line items within vari- ous Town departments in the fiscal year 2013-2014 budget for wage adjustments for various em- ployees, in order to fund implementation of the pay structure recommended by the classification and compensation study at 100% of market by January 1, 2014. SECTION 2. The Town's Manager and staff are hereby directed and authorized to un- dertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15 day of October, 2013. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Resolution No. 2013-094 - 2 - Regular Council Meeting - October 15, 2013 - Page 104 of 129 Findin� According to the proposed Development Agreement, 45% of the ongoing sales tax receipts will be reimbursed to Continental Ranch Development, LLC for public improvements costs incurred within two years of the effective date of the Development Agreement. Assuming that the project develops within the next two years and public improvements are constructed as planned, the reimbursement to Continenta.l Ranch will not exceed 45% the project's total revenues within the timeframe specified in the Development Agreement. Certification Pursuant to Arizona Revised Statutes 9-500.11, Elliott D. Pollack & Company certifies that the proposed project is anticipated to raise more revenue than the amount of the incentive within the duration of the Development Agreement. Richard C. Merritt President Elliott D. Pollack & company 7505 East 6"' Avenue, Suite 100 Scottsdale, Arizona 85251 ■ PH 480.4239200 E FAX 480.423.5942 � Pollack ed co.com ■ www.arizonaeconomy.com Regular Council Meeting - October 15, 2013 - Page 129 of 129 Elliott D. Pollack & Company MEMORANDUM To: Mr. Franl� Cassidy Town Attorney Town of Marana From: Richard C. Merritt Date: September 27, 2013 Re: Certification for Reimbursement of Sales Tax Revenue - Town of Marana Related to the Development Agreement between the Town of Marana and Continental Ranch Development, LLC. The Town of Marana plans to enter into a Development Agreement with Continental Ranch Development, LLC (Continental Ranch) for a retail development project known as Continental Ranch Parcel 60. Continental Ranch intends to attract a business to the site that sells and services specialized construction, agricultural, turf and forestry equipment and products. The Development Agreement calls for the Town to reimburse transaction privilege taxes generated by the commercial development, excluding construction sales taxes, for public improvement costs incurred and paid by Continental Ranch. Public improvement costs include underground utilities, drainage, streets, sidewalks and similar improvements that will be dedicated to the Town. The Town will reimburse Continental Ranch 45% of the Town's sales taxes imposed on retail sales within the planned project for public improvements that are constructed and paid for within two years of the effective date of the Development Agreement. Public improvement costs include design services, surveying, performance bonds, land acquisition and similar expenses in addition to the construction of the improvements. Sales tax revenues subject to reimbursement may come from activities such as amusements and ea�hibitions, hotels, rentals, resta:urants and bars, and retail sales. Reimbursement amounts may not come from construction sales tax revenues collected by the Town. Public improvements made after two years will not be reimbursed. T'he duration of the agreement is the lesser of 15 years from the effective date of the agreement or termination through mutua.l consent of the Parties. The Development Agreement does not include an interest accrual on the unreimbursed portion of the public improvement costs. Elliott D. Pollack & company 7505 East 6`� Avenue, Suite 100 Scottsdale, Arizona 85251 ■ PH 480.423.9200 � FAX 480.423:5942 � PollackCu�( ,_e�o.com ■ www.arizonaeconomy.com Regular Council Meeting - October 15, 2073 - Page 128 of 129 CR Parcel 60 111-7-10 W 111-7-0 W 111-6-50 W Z � M N � Z O M N M 2 � M N N � Z O M N N M 0 420 m. This map is a user generated static output from an Internet mapping site and is for generai reference only. Data layers that appear on this map may or may not be accurate, current, or othervvise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION. Legend •—+- Raiir¢ad Plnal CounryAtldeessas kddresses � GA.P: Canal � Washes - Major :.— :Streets, Itiiajor —' ,�fa613-1kII L�,..».E $U��Q�ngS Q FBYC@I$ � INarana Atport �c Marane Town Boundary Line � Marana ToWn timfts � Scale:1:4,894 w N N W (7t Z N N W 0 Z w N N W N 2 W N N W O 2 Regular Councii Meeting - October 15, 2013 - P �Xlllqli f ��o Continental Ranch Parcel 60 Development Agreement 111-7-10 W 111-7-0 W 111-6-50 W (E) This Agreement may be executed in multiple counterparts, each of which shall, for all purposes, be deemed an original and all of which, taken together, shall constitute one and the same agreement. (F) This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors in interest and assigns; provided, however, that no assignment of this Agreement shall in any way relieve the assignor of its obligations under this Agreement. (G) This Agreement is subject to A.R.S. � 38-511, which provides for cancellation of contracts in certain instances involving conflicts of interest. IN WITNESS WHEREOF the Parties hereto have executed this Agreement as of the last date set forth below their respective signatures. THE ��TOWN'�: TOWN OF MARANA, an Arizona municipal corporation : Date: ATTEST: Ed Honea, Mayor Jocelyn C. Bronson, Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney STATE OF ARIZONA � SS County of Pima } The "OWNER": CONTINENTAL RANCH DEVELOPMENT, LLC, an Arizona limited liability company : Date: Mark Schlossberg, Manager The foregoing instrument was acknowledged before me on by Mark Schlossberg Manager of CONTINENTAL RANCH DEVELOPMENT LLC, an Arizona limited liability company, on behalf of the LLC. (Seal) Notary Public EXHIBITS Exhibit A Depiction of the "Owner's Land" Exhibit A- Resolution 2013-096 CONTINENTAL RANCH PARCEL 60 DEVELOPMENT AGREEMENT 10/8/2013 2:26 PM FJC -9- Regular Council Meeting - October 15, 2013 - Page 126 of 129 given, or (ii) mailed by registered or certified mail, postage prepaid, return receipt re- quested, or (iii) sent by private overnight courier such as Federal Express or Airborne, or (iv) transmitted by facsimile (provided that a confirming copy of the facsimile trans- mission is mailed on the date of such transmission), addressed as follows: If to the Town: TOWN OF MARANA 11555 W. Civic Center Drive, Bldg. A3 Marana, Arizona 85653-7006 Tel (520) 382-1900 Fax (520) 382-1901 If to the OWNER: CONTINENTAL RANCH DEVELOPMENT, LLC 6088 W. Arizona Pavilions Dr. Tucson, AZ 85743-7482 Attention: Greg Wexler Telephone: (520) 744-8500 All notices shall be deemed given when delivered or transmitted by facsimile or, if mailed as provided above, on the second day after the day of mailing, and if sent by overnight courier, on the next day after the date of deposit with the courier. Any party may change its address for the receipt of notices at any time by giving written notice thereof to the other parties in accordance with the terms of this section. The inability to deliver notice because of a changed address of which no notice was given, or rejection or other refusal to accept any notice, shall be deemed to be the effective receipt of the notice as of the date of such inability to deliver or rejection or refusal to accept. 19. Miscellaneous. (A) This Agreement may not be modified except in a writing signed by the Par- ties. (B) Time is of the essence of this Agreement. (C) This Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona, and any lawsuit to enforce any provision of this Agreement or to obtain any remedy with respect to this Agreement shall be brought in the Pima County Superior Court, and for this purpose the Parties expressly and irrevocably consent to the jurisdiction of the Pima County Superior Court. (D) If either of the Parties fails to perform any of its obligations under this Agreement or if a dispute arises concerning the meaning or interpretation of any provision of this Agreement, the defaulting party or the party not prevailing in the dispute, as the case may be, shall pay any and all costs and expenses incurred by the other party in enforcing or establishing its rights under this Agreement, including, without limitation, court costs and reasonable attorneys' fees. Exhibit A- Resolution 2013-096 CONTINEN'TAL RANCH PARCEL 60 DEVELOPMENT AGREEMENT 10/8/2013 2:26 PM FJC -g- Regular Council Meeting - October 75, 2013 - Page 125 of 429 Performing Party, which notice shall state the nature of the non-performance claimed and make demand that such non-performance be corrected. The Non- Performing Party shall then have (i) 20 days from the date of the notice within which to correct the non-performance if it can reasonably be corrected by the payment of money, or (ii) 30 days from the date of the notice to cure the non-performance if ac- tion other than the payment of money is reasonably required, or if the non-monetary non-performance cannot reasonably be cured within thirty days, then such longer period as may be reasonably required, provided and so long as the cure is promptly commenced within thirty days and thereafter diligently prosecuted to completion. If any non-performance is not cured within the applicable time period set forth in this paragraph, then the Demanding Party shall be entitled to begin the mediation and arbitration proceedings set forth in this paragraph. The Parties agree that due to the size, nature and scope of the Development, and due to the fact that it may not be practical or possible to restore the property to its condition prior to Owner's devel- opment and improvement work, once implementation of this Agreement has begun, money damages and remedies at law will likely be inadequate and that specific per- formance will likely be appropriate for the non-performance of a covenant contained in this Agreement. This paragraph shall not limit any contract or other rights, reme- dies, or causes of action that either Party may have at law or in equity. (C) Mediation. If there is a dispute under this Agreement which the Parties cannot resolve between themselves, the Parties agree that there shall be a 45-day moratori- um on arbitration during which time the Parties agree to attempt to settle the dis- pute by nonbinding mediation before commencement of arbitration. The mediation shall be held under the commercial mediation rules of #he American Arbitration As- sociation. The matter in dispute shall be submitted to a mediator mutually selected by the Owner and the Town. If the Parties cannot agree upon the selection of a me- diator within seven days, then within three days thereafter the Town and the COwner shall request the presiding judge of the Superior Court in and for the County of Pi- ma, State of Arizona, to appoint an independent mediator. The mediator selected shall have at least five years' experience in mediating or arbitrating disputes relating to real estate development. The cost of any such mediation shall be divided equally between the Town and the Owner. The results of the mediation shall be nonbinding on the Parties, and any Party shall be free to initiate arbitration after the moratori- um. (D) Arbitration. After mediation, as provided for in this paragraph 17, any dis- pute, controversy, claim or cause of action arising out of or relating to this Agree- ment shall be settled by submission of the matter by both Parties to binding arbitra- tion in accordance with the rules of the American Arbitration Association and the Arizona Uniform Arbitration Act, A.R.S. � 12-501 et seq., and judgment upon the award rendered by the arbitrator(s) may be entered in a court having jurisdiction. 18. Notices. All notices, requests and other communications under this Agreement shall be given in writing and either (i) personally served on the party to whom it is Exhibit A- Resolution 2013-096 CONTINENTAL RANCH PARCEL 60 DEVELOPMENT AGREEMENT 10�8�201� 2:26 PM FJC _ / _ Regular Council Meeting - October 15, 2013 - Page 124 of 129 quirements of Arizona Revised Statutes § 42-2003(A)(6) from each taxpayer whose confidential information is revealed in the report. 13. Limitations. During the Term of this Agreement, the Town shall not enter into any agreement or transaction which impairs the rights of the Owner under this Agree- ment, including, without limitation, the right to receive the Reimbursement Payments and the proceeds of the Reimbursement Account in accordance with the procedures established in this Agreement. 14. Multiple business locations; release of tax information. Since some businesses with multiple locations in the Town report their transaction privilege taxes on the basis of revenues for all their locations in the Town, rather than separately for each location, the Owner shall request each such business to separately report transaction privilege taxes for transactions at its business located in the Development. The Owner shall exercise reasonable efforts to obtain from all businesses in the Development a consent to release of tax information in a form reasonably acceptable to the Town. If the separate report required by this paragraph is not provided to the Town, the Town shall make a reason- able estimate of the Sales Tax Revenues derived from the Development based on all information available to the Town, including information provided by the Owner, and the good faith certification by the Towri s Finance Director shall be considered final and binding upon the Owner. The final certification of the Town's Finance Director shall be subject to all applicable laws that may prohibit or limit the dissemination or use of transaction privilege tax and related information. 15. Town review and approval of plans. Except as expressly provided in this Agree- ment, the development and construction of the Public Improvements is subject to the Towri s normal plan submittal, review and approval procedures and construction in- spection requirements. 16. Development impact fees. Nothing in this Agreement shall be construed as a waiver or reduction of development impact fees properly adopted by the Town pursuant to A.R.S. � 9-463.05 and applicable to the Development. 17. Cooperation and alternative dispute resolution. (A) Appointment of representatives. To further the commitment of the Parties to co- operate in the progress of the Development, the Town and the Owner each shall des- ignate and appoint a representative to act as a liaison between the Town and its var- ious departments and the Owner. The initial representative for the Town (the "Town Representative") shall be the Town Manager, and the initial representative for the Owner shall be Greg Wexler or a replacement to be selected by the Owner. The rep- resentatives shall be available at all reasonable times to discuss and review the per- formance of the Parties and the Development. (B) Non-performance; remedies. If either Party does not perform under this Agree- ment (the "Non-Performing Party") with respect to any of that Party's obligations under this Agreement, the other Party (the "Demanding Party") shall be entitled to give written notice in the manner prescribed in paragraph 18 below to the Non- Exhibit A- Resolution 2013-096 CONTINENTAL RANCH PARCEL 60 DEVELOPMENT AGREEMENT 10/8/2013 2:26 PM F7C -6- Regular Council Meeting - October 15, 2013 - Page 123 of 129 for after the 2nd anniversary of the Effective Date of this Agreement. The Owner shall submit to the Town a quarterly statement showing the actual construction costs in- curred and contributions paid or credits received to date for the Public Improvements. The Owner shall provide the Town with invoices or other backup information reasona- bly requested by the Town to confirm the accuracy of the Owner's quarterly statement of costs and contributions or credits. 8. Reimbursement account, The Town shall deposit into the Reimbursement Account 45% of the Sales Tax Revenues (see paragraph 3(I) above) as they are received from the Arizona Department of Revenue, beginning with the first such revenues generated from the Development and ending upan the expiration of this Agreement. Funds in the Re- imbursement Account shall be reimbursed to the Owner pursuant to paragraph 10 below. 9. No reimbursement out of Construction Sales Tax Revenues. No portion of any reim- bursement under this Agreement shall consist of Construction Sales Tax Revenues (see paragraph 3(A) above). 10. Reimbursement Payments. The Town shall pay to the Owner within the first 45 days of each calendar quarter all funds in the Reimbursement Account ("Reimburse- ment Payments'), beginning the first calendar quarter after the Town's receipt of Sales Tax Revenues (see paragraph 3(I) above) generated by the Development. Any funds accrued in the Reimbursement Account but not yet disbursed to the Owner upon the expiration of this Agreement shall be paid to the Owner within 30 days after the expira- tion of this Agreement. 11. Owner audit. Not more than once each calendar year, the Owner may, at its own cost, audit Town sales tax returns and other appropriate financial records of the Town to assure prompt and accurate deposit into the Reimbursement Account of all revenues as required pursuant to this Agreement. The Owner audit authorized by this paragraph shall be subject to all applicable laws that may prohibit or limit the dissemination or use of transaction privilege tax and related information. Before the Owner audit occurs, the Owner shall obtain and provide to the Town written waivers of confidentiality suffi- cient to satisfy the requirements of Arizona Revised Statutes � 42-2003(A)(6) from each taxpayer whose sales tax returns and other financial records are provided by the Town in connection with the audit. 12. Annual report. Within 45 days following the end of each Town fiscal year, the Town shall deliver to the Owner a report of all Sales Tax Revenues generated by or attributable to the Development which have been utilized by the Town in determining the amount deposited into the Reimbursement Account. The report shall be restricted to information that may be released by the Town without violating applicable laws that may prohibit or limit the dissemination or use of transaction privilege tax and related information. The report will not contain inforrnation capable of identifying confidential information of any particular taxpayer unless and until the Owner has obtained and provided to the Town written waivers of confidentiality suffieient to satisfy the re- Exhibit A- Resolution 2013-096 CONTINENTAL RANCH PARCEL 60 DEVELOPMENT AGREEMENT 10/8/2013 2:26 PM FJC -5- Regular Council Meeting -Actober 15, 2013 - Page t22 of 129 (I) "Sales Tax Revenues" means that portion of the Towri s transaction privilege taxes (currently 2%) generated from the following activities occurring within the Development: (i) Amusements, exhibitions and similar activities pursuant to Section 8-410 of the Marana Tax Code. (ii) Hotels pursuant to Section 8-444 of the Marana Tax Code. (iii) Rentals pursuant to Section 8-445 of the Marana Tax Code. (iv) Restaurants and bars pursuant to Section 8-455 of the Marana Tax Code. (v) Retail sales pursuant to Section 8-460 of the Marana Tax Code. References to sections of the existing Marana Tax Code shall include correspond- ing sections of successor codes. 4. Development regulations. The Development shall be governed by the underlying zoning or land use designation, the Continental Ranch Specific Plan, and standards for the Owner's Land. The Marana Development Code, including the written rules, regula- tions, substantive procedures, and policies relating to development of land, adopted or approved by the Mayor and Council (collectively the "Marana Development Code") in effect on the Effective Date shall apply to the extent not covered by this Agreement. In the event of any express conflict, the terms of the Marana Development Code shall control over this Agreement as to any zoning or other legislative matter, and this Agreement shall control over the Marana Development Code as to any administrative or procedural matter. 5. Development review. The Development shall be developed in a manner consistent with the Development Regulations and this Agreement, which together establish the basic land uses, and the densities, intensities and development regulations that apply to the land uses authorized for the Development. Upon the Owner's compliance with the applicable development review and approval procedures and substantive requirements of the Development Regulations, the Town agrees to issue such permits or approvals for the Development as may be requested by the Owner. 6. Public improvements construction and reimbursement. As a condition precedent to re- ceiving Reimbursement Payments under paragraph 10 of this Agreement, and not as a separate contractual obligation, the Owner shall, in conjunction with its construction of the Development and in accordance with the State of Arizona and the Town public infrastructure construction procurement laws and procedures: (A) Design and construct the Public Improvements; and (B) Pay all Public Improvement Costs as they become due. 7. Reimbursement amount. The Town shall make Reimbursement Payments to the Owner for the Owner's Public Improvement Costs constructed and paid for within two years of the Effective Date of this Agreement. The Town shall not make Reimbursement Payments to the Owner for Public Improvement Costs which are constructed or paid Exhibit A- Resolution 2013-096 CONTINENTAL RANCH PARCEL 60 DEVEIAPMENT AGREEMENT 10�8�2013 2:26 PM FJC -4- Regular Council Meeting - October 15, 2013 - Page 121 of 129 2. Proposed uses. The Owner intends attract a retail establishment with longevity in marking, selling, and servicing specialized construction, agricultural, turf and forestry equipment and products. Overall, the Development will create substantial additional sales tax revenues for the Town, will assist in the creation or retention of jobs and will otherwise improve or enhance the economic welfare of the residents of the Town by bringing customers to the Development from the Town and surrounding communities. 3. Definitions. T�ie following definitions shall apply to this Agreement: (A) "Construction Sales Tax Revenues" mean those portions of the Town's trans- action privilege taxes (currently 4%) generated pursuant to Section 8-415 or 8-416 af the Marana Tax Code from construction contracting or speculative builder activities occurring as part of the Development. (B) The "Development" is defined in recital C above and described in para- graph 2 above. (C) "Development Regulations' is defined in paragraph 4 below. (D) The "Owner's Land" is defined in recital A above. (E) "Public Improvements" means the following types of public infrastructure serving the Development: (i) Public sewer improvements. (ii) Public water improvements. (iii) Public transportation improvements. (iv) Public drainage improvements. (F) "Public Improvement Costs' means all costs, expenses, fees, transaction privi- lege taxes and charges actually incurred and paid by or on behalf of the Owner be- fore the 2nd Anniversary Date of this Agreement to contractors, architects, engineers, surveyors, governmental agencies, other professionals and consultants, and other third parties for materials, labor, planning, design, engineering, surveying, site ex- cavation and preparation, governmental permits and payments, payment and per- formanee bonds, other professional services, and all other costs and expenses related or incidental to and reasonably necessary for, the acquisition, improvement, con- struction, installation, or provision of the Public Improvements, together with all costs associated with the acquisition of lands, rights-of-way and easements either to be dedicated to the Town or upon which Public Improvements are to be constructed. (G) "Reimbursement Account" means a separate account within the Towri s General Fund or accounted for by an appropriate book or ledger entry designation for the purpose of making Reimbursement Payments (see paragraph 10 below) (H) "Reimbursement Payments" is defined in paragraph 10 below. Exhibit A- Resolution 2013-096 CONTINENTAL RANCH PARCEL 60 DEVELOPMENT AGREEMENT 10/8/2013 2:26 PM FJC -3- Regular Council Meeting - October 15, 2013 - Page 120 of 129 _ _ _____ __ located within the Town to facilitate development of the property by providing for, among other things, the conditions, terms, restrictions, and requirements for develop- ment and public infrastructure and the financing of public infrastructure. J. In approving this Agreement, the Town Council has found and determined that certain activities relating to the Development are economic development activities with- in the meaning of A.R.S. � 9-500.11, that all expenditures by the Town pursuant to this Agreement constitute the appropriation and expenditure of public monies for and in connection with economic development activities and that it is appropriate to provide the Owner with the reimbursement in this Agreement as an inducement to cause the Owner to construct, own and operate the Development in the Town. K. The Town adopted a notice of intent to enter into this Agreement not less than 14 days before the Town Council approved this Agreement, in compliance with A.R.S. � 9-500.11. L. The Town Council finds that the Development will raise more revenue for the Town than the amount of the reimbursements to the Owner within the duration of this Agreement. M. An independent third party not financed by the Owner has verified the Town Council's finding that the Development will raise more revenue for the Town than the amount of the reimbursements to the Owner within the duration of this Agreement. N. The Town Council finds that in the absence of the reimbursements to the Owner provided pursuant to this Agreement, the Development would not locate in the Town in the same time, place or manner as it will with the reimbursements to the Owner. O. The Owner will incur out-of-pocket public infrastructure construction costs and will make certain contributions for public infrastructure in the immediate vicinity of and directly benefiting the Development. P. The reimbursements to the Owner provided pursuant to this Agreement are in- tended to reimburse the Owner for its out-of-pocket public infrastructure construction costs and public infrastructure contributions as described more specifically in this Agreement. AGREEMENT Now THEREFORE, in consideration of the foregoing recitals, which are incorporated into this Agreement as though fully restated here, and the mutual covenants set forth in this Agreement, the Parties hereby agree as follows: 1. Term. This Agreement shall become effective upon its execution by all the Parties and the effective date of the resolution of the Town Council approving this Agreement (the "Effective Date"). The term of this Agreement shall begin on the Effective Date and, unless sooner terminated by the mutual consent of the Parties, shall automatically ter- minate and shall thereafter be void for all purposes on the 15� anniversary of the Effec- tive Date. Eack►ibit A- Resolution 2013-096 CONTINENTAL RANCH PARCEL 60 DEVELOPMENT AGREEMENT 10/8/2013 2:26 PM FJC - 2 - Regular Council Meeting - October 15, 2013 - Page 119 of 129 CONTINENTAL RANCH PARCEL GO DEVELOPMENT AGREEMENT TOWN OF MARANA, ARIZONA THIS DEVELOPMENT AGREEMENT (this "Agreement" is made and entered into by and between the Tow1v oF MAxA1vA, an Arizona municipal corporation (the "Town'), and CONTINENTAL RANCH DEVELOPMENT, LLC an Arizona limited liability company (the "Owner"). The Town and the Owner are sometimes collectively referred to as the "Par- ties;' either one of which is sometimes individually referred to as a"Party." RECITALS A. The Owner is the current owner of an unimproved vacant parcel of land located on Tiffany Loop bearing Pima County Assessor's parcel number 226-08-010B and re- ferred to in this Agreement as the "Owner's Land," depicted in Exhibit A attached to and incorporated by this reference in this Agreement. B. The Owner s Land is a portion of Condnental Ranch Parce160, as depicted in the Continental Ranch Specific Plan adopted by Town of Marana Ordinance No. 88.09 and amended by Town of Marana Ordinance Nos. 92.11, 96.36, 97.29, 98.25, 99.25, 2000.01, 2002.01, and 2002.11. C. The Parties anticipate that the Owner will develop the Owner s Land into a pro- ject containing retail commercial uses and other uses consistent with the Continental Ranch Specific Plan and this Agreement (the "Development"). D. Subject to the terms and conditions of this Agreement, the Parties desire to ad- dress various public infrastructure and development issues related to the Owner's Land. E. The Development is consistent with the Towri s long-term economic development strategies and is expected to create a source of significant tax revenue for the Town for many years. F. The Development will have a substantial positive economic impact on the Town because it is expected to provide commercial and retail opportunities consistent with the businesses targeted by the Town. G. The Development is in compliance with the Towri s adopted and approved Gen- eral Plan (as defined in A.R.S. � 9-461). H. The Developrnent is in compliance with the Continental Ranch Specific Plan. I. The Town is authorized by A.R.S. § 9-500.05 to enter into a development agree- ment with a landowner or other person or entity having an interest in real property Ext►ibit A- Resolution 2013-096 CONTINENTAL RANCH PARCEL 60 DEVELOPMENT AGREEMENT 10/8/2013 2:26 PM FJC -1- Regular Council Meeting - October 15, 20t3 - Page 118 of 129 SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15�' day of October, 2013. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk Resolution 2013-096 APPROVED AS TO FORM: Frank Cassidy, Town Attorney -2- 10/8/2013 9:42 AM FJC Regular Council Meeting - October 15, 2013 - Page 117 of 129 MARANA RESOLUTION NO. 2013-096 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE EXECUTION OF A RETAIL DEVELOPMENT TAX INCENTIVE AGREEMENT FOR THE PROPOSED DEVELOPMENT OF CONTINENTAL RANCH PARCEL 60 LOCATED 1N THE VICINITY OF THE NORTH INTERSECTION OF TIFFANY LOOP AND NORTH CASA GRANDE HIGHWAY. WHEREAS A.R.S. § 9-500.11 authorizes the Town to enter into a retail development tax incentive agreement under certain circumstances; and WHEREAS the Mayor and Council find that the proposed tax incentive to be approved by this resolution is anticipated to raise more revenue than the amount of the incentive within the duration of the agreement; and WHEREAS the Mayor and Council find that in the absence of a tax incentive, the retail use proposed to locate its store on a portion of Continental Ranch Parcel 60 would not locate in the Town o� Marana in the same time, place or manner as it is agreeing to do under the terms of the Continental Ranch Parcel 60 Development Agreement; and WHEREAS the Town's finding that the proposed tax incentive is anticipated to raise more revenue than the amount of the incentive within the duration of the Continental Ranch Parce160 Development Agreement has been verified by an independent third party; and WHEREAS on October l, 2013, the Town adopted a notice of intent to enter into the Continental Ranch Parce160 Development Agreement, as required by A.R.S. § 9-500.11(K); and WHEREAS the Mayor and Council find the terms and conditions of the Continental Ranch Parcel 60 Development Agreement are in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Continental Ranch Parcel 60 Development Agreement is hereby approved. SECTION 2. The Mayor is hereby authorized and directed to execute, and the Town Clerk is hereby authorized and directed to attest to, the Continental Ranch Parcel 60 Development Agreement attached to and incorporated by this reference in this Resolution as E�ibit A, for and on behalf of the Town of Marana. Resolution 2013-096 - 1- 10/8/2013 9:42 AM FJC Regular Council Meeting - Odober 15, 2013 - Page 116 of 129 � Ex A AGT 20131008 Continental Ranch Parcel 60 EDA Exhibit A to reso 2013-096 (00035317-41.doc � CR Parcel 60.�df � Certification Memo-Continental Ranch Parcel 60 (000356531.pdf Exh A to CR Parcel 60 EDA Depiction Certification Memo from Pollack and Company Staff Recommendation: Exhibit Exhibit Backup Materiai Staff recommends adoption of Resolution 2013-096, approving and authorizing the Mayor to execute the retail development tax incentive agreement for the proposed development of Continental Ranch Parce160. Suggested Motion: I move to adopt Resolution 2013-096, approving and authorizing the Mayor to execute the retail development tax incenrive agreement for the proposed development of Continental Ranch Parce160 Regular Council Meeting - October 15, 2013 - Page 115 of 129 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, October 15, 2013, 7:00 PM To: From: Mayor and Council Frank Cassidy, Town Attorney Strategic Plan Focus Area: Commerce Strategic Plan Focus Area - Additional Information: Initiative 6: Promote development of the Economic Activity Centers as outlined in the Marana Economic Roadmap (Twin Peaks Activity Center) Item A 5 Subject: Resolution Na 2013-096: Relating to development; approving an�d authorizing the execution of a retail development tax incentive agreement for the proposed development of Continental Ranch Parce1601ocated in the vicinity of the north intersection of Tiffany Loop and North Casa Grande Highway Discussion: Town staff has been negotiating the terms of a proposed retail development tax incentive agreement for the development of Continental Ranch Parcel 60, located at the north end of Tiffany Loop Road. A copy of the current draft of the agreement is included with the backup materials. In general, the agreement provides for reimbursement to the developer from 45% of the Town's sales tax generated from the site for the developer's costs of installing public infrastructure. Town staff is informed that a Jahn Deere tractor dealership is expected to move to this location. A notice of intent to enter into this agreement was adopted on October l. Since then, Town staff requested, and the developer has accepted, two revisions to the sales tax audit and reporting provisions at paragraphs 11 ("Owner audit") and 12 ("Annual report") of the draft Continental Ranch Parce160 economic development agreement. These revisions add language to the end of the two paragraphs, and more clearly explain the requirements for waiver and release of confidential taxpayer information. Attached as part of the backup material is an independent third-party verification by Elliott D. Pollack & Company that the proposed tax incentive is anticipated to raise more revenue than the amount of the incentive within the duration of the agreement. Financial Impact: If approved, this agreement will return 45% of the Town sales taxes generated by this property to the developer to reimburse for the cost of developer-installed public infrastructure. ATTACHMENTS: Name: L5 Reso 2013-096 A�arovina CR Parcel 60 EDA (00035641).docx Description: Reso 2013-096 Type: Resolution Regular Council Meeting - October 15, 2013 - Page 114 of 129 L�� The General Fund expended $5.49 million in the current month and $32.5 million through June which remains less than budgeted at 95.7%. As mentioned earlier in this report, these numbers are preliminary in nature and are subject to change based on closing entries and audit results. The final, audited numbers will be available in December 2013. Some of the variances from the budget are explained below: • Legal - variance due to increased costs of outside legal services related to employee related claims/matters. • Technology Services - variance largely due to increased overtime costs related to key issues/projects. • Development Services Admin - variance due to differences between budgeted salary costs and actual costs based on salary offser and employee benefit choices • Permits & Records - variance related to Credit Card Fee overage of $56,262 or 161% due to increased activity • Planning - variance due to one-time salary separation agreement payment costs per resolution 2013-059 • Police - variance attributable to the acquisition of non-capital equipment. The non-capital equipment costs were anticipated to offset vacancy savings in FY2012, however the items were received in early FY2013 • Parks and Recreation - greater recreation program participation caused an increase in program expenditures but also increased program revenues. Department Non-departmental Mayor and Council Town Manager Town Clerk Human Resources Finance Legal Technology Services Development Services Admin Permits and Records Building Safety Planning Engineering Police Magistrate Court Public Services Admin Facilities, Fleet & Streets CIP Parks and Recreation Community Development Total Expenditures Printed on Monday, September 30, 2013 Meeting - October 15, 2013 - Page 113 of 129 Current Month $ 1,947,401.86 31,155.07 110,386.25 78,761.34 156,818.68 83,464.16 82,203.33 349,197.84 30,707.58 66,548.30 76,453.92 102,496.51 129,161.78 1,334,099.04 109,340.29 41,834.68 290,493.97 123,495.12 421,540.68 45,577.06 $ 5,611,137.46 Current YTD $ 4,988,921.38 269,258.31 932,991.00 355,751.10 621,384.54 727,067.30 713,686.54 2,055,226.63 242,052.40 603,189.27 612,936.87 584,866.95 1,081,285.68 11,054,015.05 942,228.78 363,528.53 2,145,891.87 1,012,030.70 2,890,855.27 308,446.28 $ 32,505,614.45 Page 4 of 4 Current Budget $ 5,937,877 289,343 1,019,993 385,235 632,007 841,714 708,149 2,036,505 230,097 589,204 672,942 571,528 1,129,039 11,044,369 963,109 453,034 2,148,021 1,106,864 2.887.980 323,521 $ 33,970,531 Percent of Budget 84.0% 93.1% 91.5% 92.3% 98.3% 86.4% 100.8% 100.9% 105.2% 102.4% 91.1% 102.3% 95.8% 100.1% 97.8% 80.2% 99.9% 91.4% 100.1% 95.3°k 95.7% frrtergovernmen�tal - Intergovernmental collections are $0.65 million for the month of lune and overall collections of $7.71 million are at 98.6%, which is stightly below budget expectations. Percent Category Current Month Current YTD Current Budget of Budget State Shared Sales Tax $ 249,144.40 $ 2,861,622.31 $ 2,923,44� 97.9% Urban Revenue Sharing 297,599.25 3,571,191.00 3,570,867 100.0% Auto Lieu Tax 105,641.52 1,280,710.88 1,327,277 96.5% Total Revenue $ 652,385.17 $ 7,713,524.19 $ 7.821,591 98.6% Licenses, permits ar�d fees - Collections are approximately $0.41 million for June or 181.1% through June which is significantly higher than budget expectations. While a significant portion of this variance is attributable to new single family residence and commercial permits, several other categories currently exceed budget expectations. Approximately 61 new single family residence permits were issued in June (actual average 58 per month vs. 28 per month budgeted). Category SFR new permit SfR existing permit Commercial new permit Commercial existing permit Grading permit Utility permits Pool permit Sign permit Patio wall permit ROW permit Floodplain permit Misc. permit Franchise fees Business licenses Liquor licenses Aggregate mining fee Bank protection fee Total Revenue Current Month $ 232,531.67 1,241.44 96.00 9,450.81 9,041.43 4,075.30 6,023.19 1,986.87 1,409.15 15,744.28 218.00 8,257.31 88,361.99 27,580.00 150.00 6,114.22 $ 412,281.66 Current YTD $ 2,773,505.60 13,339.63 324,051.96 72,501.16 105,814.40 37,334.57 71,849.03 20.797.73 20,969.08 78,558.59 2,958.00 162,952.70 348,650.16 165,407.00 1,975.00 51,019.68 Current Budget $ 1,155,000 25,000 250,000 115,000 40,000 1,500 35,000 20,000 12,500 22,250 500 80,000 325,000 135,000 5,000 125,000 500 $ 2,347,250 Percent of Budget 240.1% 53.4% 129.6% 63.0% 264.5% 2489.0% 205.3% 104.0% 167.8% 353.1% 591.6% 203.7% 107.3% 122.5% 39.5% 40.8% 0.0% 181.1% Printed on Monday. September 30, 2013 Meeting - October 15, 2013 - Page 112 of 129 Page 3 of 4 $ 4,251,684.29 • a r � Approximately 92% of General Fund revenues come from sales taxes, intergovernmental revenue and licenses, permits and fees. Collectively, these comprise the "big three." The foliowing describes those major revenues. SBIE:S �aXE:'S - Overall tax collections (excluding the portion of contracting taxes allocated to the Transportation Fund and the portion of hotels and other lodging taxes recorded in the Bed Tax Fund) are $1.8 million for June (May sales transactions) and are 2.9% lower than June 2012. Most of the lower figure is attributable to a decrease in contracting taxes collections of 16.33% for the month of June and they also lag year to date budget estimates at 81.5%. Retail sales tax collections, the largest sales tax revenue category, are 8.68% higher than the same period a year earlier and are ahead of budget expectations for the year at 106.6%. Hotels and lodging are also ahead of budget expectations at 156.6% which, when combined with the year to date results of Restaurants & Bars, suggest a continuing stabilization and recovery of that market. Overall collections for the fiscal year are $20.45 million or 103.1% of the budget which is slightly higher than expectations. Category Mining Contracting Transportation, Communications, Utilities Wholesale Trade Retail Trade Restaurant & Bars Fire, Insurance & Real Estate Hotels & Other Lodging Services Manufacturing All Others Tax Audit Total Revenue Printed on Monday, September 30. 2013 Meeting - October 15, 2013 - Page 111 of 129 Current Month $ 680.00 210,354.59 231,859.08 19,533.57 779,559.21 158,516.36 116,840.00 96,440.44 87,856.94 10,741.11 33,070.09 66,499.70 $ 1,811,951.09 Current YTD $ 18,105.49 1,972,629.39 3,038,070.68 296,076.53 9,380,544.15 1,819,587.76 1,234,426.07 1,216,720.82 1,003,376.71 127,213.69 195,944.98 149,756.69 $ 20,452,452.96 Page 2 of 4 Current Budget $ 12,500 2,419,700 3,204,668 282,286 8,799,832 1,654,712 1,060,315 776,848 940,715 160,403 173,791 350,000 $ 19,835,770 Percent of Budget 144.8% 81.5% 94.8% 104.9% 106.6% 110.0% 116.4% 156.6% 106.7% 79.3°� 112.7% 42.8% 103.1% � u �rt r� � ry General Fund revenues for June of $3.50 million were fess than expenditures of $5.61 rnillion by $2.11 million. Overall revenues are slightly higher than budget expectations for the fiscal year at 108.1%. Expenditures are less than expectations at 95.7%. For the year, revenues continued to trend as described in earlier updates and exceeded expenditures by $2.59 million. It is important to note that the numbers contained in this report are preliminary in nature. They do not include year- end closing adjustments and are subject to change based on the closing adjustments and audit results. The final audited numbers will be availabte by December 2013. Revenues Sales tax revenues Intergovernmentalrevenues Licenses, fees & permits Charges for services Fines and forfefture Grants and conVibutions Investment income Miscellaneous revenues Other financing sources Total Revenue Expenditures Personnel & benefits Contracted services Operating supplies & equip Capital outlay Transfers out Total Expenditures Net Revenues Over/(Under) Expenditures Printed on Monday, September 30, 2013 Meeting - October 15, 2013 - Page 110 of 129 Current Month $ 1,811,951.09 658,058.95 412,281.66 60,821.97 54,911.60 50,706.51 3,032.05 451,748.54 3,503,512.37 2,382,466.57 571,273.86 479,417.96 420,229.57 1,757,749.50 $ 5,611,137.46 Year to Date $ 20,452,452.96 7.719,197.97 4,251,684.29 434,880.17 672,560.59 120,356.51 203,985.72 1,244,717.79 35,099,836.00 20,871,415.03 3,747,117.20 2,272,145.06 2,093,654.47 3,521,282.69 $ 32,505,614.45 Percent of FY2013 Budget Budget $ ,19,835,770 7,821,591 2,347,250 381,100 570,000 102,750 100,000 562,070 750,000 32,470,531 103.1% 98.7% 181.196 114.1% 118.0% 117.1% 204.0% 221.5% 0.0% 108.1% 20,992,657 4,173,711 3,674,004 2,290,900 2,839,259 $ 33,970,531 $ (2,107,625.09) $ 2,594,221.55 $ (1,500,OU0) Page 1 of 4 99.4% 89.8% 61.8% 91.4% 124.0% 95.7% -172.9% Town of Marana Schedule of Budget Adjustments - Fiscal Year 2012-2013 Exhibit A Deparhnent Legal Technology Services Development Services Admin Permits and Records Planning Police Parks Contingency Increase 8,000 25,000 15,000 16,000 15,000 15,000 6,000 Decrease 100,000 Total 100,000 $ 100,000 Regular Council Meeting - October 15, 2013 - Page 109 of 129 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 15 day af October, 2013. ATTEST: Mayor Ed Honea APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Resolution No. 2013-095 - 2 - Regular Council Meeting - October 15, 2013 - Page 108 of 129 MARANA RESOLUTION NO. 2013-095 RELATING TO ADMINISTRATION; APPROVING THE TRANSFER OF $100,000 IN BUDGETED EXPENDITURE AUTHORITY FROM THE GENERAL FUND CONTINGENCY LINE ITEM TO THE RESTRICTED BUDGET LINE ITEMS WITHIN VARIOUS TOWN DEPARTMENTS 1N THE FISCAL YEAR 2012-2013 BUDGET FOR UNANTICIPATED COSTS WHEREAS on June 19, 2012, the Town Council adopted the fiscal year 2012-2013 budgetary document and overall financial plan which set the legal level of budgetary control at the department level for the General Fund and at the fund level for all other funds; and WHEREAS certain departments incurred unanticipated costs which could not be offset by savings within other budgetary line items; and WHEREAS transferring amounts within the fiscal year 2012-2013 budget will not signif- icantly impact the General Fund; and WHEREAS reallocations of budgetary amounts between the contingency line item in the General Fund to other line items are necessary from time to time; and WHEREAS the Council finds that the reallocations addressed by this resolution are in the best interest of the Town of Marana and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The transfer of $100,000 from the General Fund's budgeted contingency line item to the restricted budget line items within various Town departments in the fiscal year 2012-2013 budget, as set forth in Exhibit A, attached to and incorporated by this reference in this resolution, is hereby approved. SECTION 2. The Town's Manager and staff are hereby directed and authorized to un- dertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of this resolution. Resolution No. 2013-095 - 1 - Regular Council Meeting - October 15, 2013 - Page 107 of 129 11555 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 85653 Council Chambers, October 15, 2013, 7:00 PM To: Mayor and Council From: Erik Montague, Finance Director Strategic Plan Focus Area: Commerce, Community, Heritage, Progress and Innovation, Recreation Strategic Plan Focus Area - Additional Information: Financial sustainability is an overriding principle of the Strategic Plan. Item A 4 Subject: Resolution No. 2013-095: Presentation: Relating to Administration; approving the transfer of $100,000 in budgeted expenditure authority from the General Fund contingency line item to the restricted budget line items within various Town departments in the fiscal year 2012-2013 budget for unanticipated costs Discussion: On June 19, 2012, the Council adopted the fiscal year 2012-2013 budgetary document and overall financial plan which set the legal level of budgetary control at the department level for the Generai Fund and at the fund level for all other fiznds. The purpose of tonight's item, is to present preliminary financial results for the Town's General Fund for fiscal year 2012-2013, and to request Council approval of a necessary transfer of funds in the 2012-2013 budget. The Town is required to demonstrate compliance with the legally adopted budget in its preparation of the year-end fmancial statements. During the year, certain departments exceeded their capacity at the department level within the General Fund. The reasons for those variances were largely outside the departments' controL The individual departments affected, along a with brief explanations of the variances, are included on page four of the General Fund Budget in Brief which is attached to this Council item for the Council's information. Staff is seeking Council approval to transfer $100,000 from the General Fund contingency line to the respective departments in amounts required to address the variances. Budget transfers which move expenditure authority between departments in the General Fund, and any use of contingency funds, requires Council approval The Town may complete budget transfers for an earlier fiscal year when doing so does not violate the overall expenditure limitation. The overall expenditure limitation for the Town in fiscal year 2012-2013 is $82.OM. The Town has adequate budgetary capacity for the requested transfers. Additionally, the requested transfers will not have a significant negative impact on the General Fund as actual revenues exceeded budget by $3M or 10%. The General Fund Budget in Brief for June 2013 follows this communication which provides a broad, overview of the preliminary results for the General Fund. Please note that the numbers included within this brief are preliminary, unaudited and subject to change as a result of closing entries and adjustments related to the Town's external audit. Regular Council Meeting - October 15, 2013 - Page 105 of 129 Financial Impact: Transfers of expenditure authority between the General Fund contingency line item to the various departments is offset by revenues received in excess of budget for fiscal year 2012-2013. ATTACHMENTS: Name: l3 Reso 2013- 095 for budqet .DOCX � Exhibit A.odf Description: Type: Resolution Exhibit Backup Material Reso 2013-095 Exhibit A � General Fund in Brief 201306.qdf General Fund Budget in Brief June 2013 Staff Recommendation: Staff recommends approval of the transfer of $100,000 in the General Fund's contingency budgeted line item to certain departments to cover unanticipated costs as outlined within Exhibit A to the Resolution. Suggested Motion: I move to adopt Resolution 2013-095, approving the transfer of $100,000 in budgeted expenditure authority from the General Fund contingency line item to the restricted budget line items within various Town departments in the fiscal year 2012-2013 budget for unanticipated costs. Regular Council Meeting - October 15, 2013 - Page 106 of 129 � THE PLANNING�ERITER � a division af TPC Group, lnc. October 15, 2013 Mayor Ed Honea Marana Council 11555 UVest Civic Center Drive Marana, AZ 85653 Re: Ordinance 2013.024 Twin Peaks and Oasis annexation (10/15/13 agenda item A.1) Dear Mayor Honea: On behalf of my client, Pulte Homes, we respectfully request a continuance of the above referenced annexation request. Afthough this annexation would simply translate the existing zoning on the property from its current Pima County SR Suburban Ranch to Marana R-144, we understand that there are concerns related to the future rezoning. Additional time would allow us to continue to work with staff and the neighboring property owners prior to an annexation vote. Thank you for your consideration of this request. We will be at the hearing tonight if you have any questions. Sincerely, TH LyNNING Linda S. Morales, AICP Principal a] 10 s church ste 6320 tucson az 85701 0 520.623.6146 f 520.622.1950 w azplanningcenter.com � �aa� K Q00`Z 000' i. 0 � � �.��;, , � , ,� , . z -"' ,� x. ,? � ,^ �� f �t . ��y�., `� � a , w�� k ^". ,?➢ ' et `.. a . �+" q�,. ,7 , �, ,�.� � , s ±ra^ a � ' �yF � a � �y,�i'�;. '''� "^"dAw+.' � ;�'��:. c.e �,:.; .,; "Ni'' � �:�. a •a .� ►• �;,,#� .+. "°_� b � �'. F",.,^+.�n� � � r,`� :; ", s � � .%�M° . . ,. 7Xr .. ;. P� z� ' ; ' .,; ' •.: t' � # ' �k.:. . m - . "4 .": &'� . a -d' ,��,t� , .;j� " s� ;"a' '�;. , , � � +� , �. .,• s, s �• t . ,� y , , r,„� ,� � i� � ` �s ati. v ?, ��, t � s ^2'^h �� irw;+.^.«�,y,. .a. { �`�.,.' �.�:. 'r�w, '�r"_"*o,, ...�'��. .'° ,',� :'�,n. ."�.. ',�u %y" °.t. 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