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Home My WebLink About03/04/2014 Council Agenda PacketMARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 115 5 5 W. Civic Center Drive, Marana, Arizona 8 5 65 3 Council Chambers, March 4, 2014, 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. § 3 8-431.02, 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 March 4, 2014, 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 Itallcs. As a courtes,y to others, please turn off or put in silent mode all pagers and cell phones. Meetin Times Welcome to this Marana Town Council meeting. Regular Council meetings are usually held the �rst and third Tuesday of each month at 7:00 PM at the Marana Municipal Complex, although the date or time may change and additional meetings may be called at other times and/or places. Contact the Town Clerk or watch for posted agendas for other meetings. This agenda may be revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of this agenda. Speakin� at Meetings If you are interested in speaking to the Council during the Call to the Public or Public Hearings, you must �11 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. Accessibilit_y 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 - March 4, 2014 - Page 1 of 163 such as a sign language interpreter, by contacting the Town Clerk at (520) 3 82-1999. Requests should be made as early as possible to arrange the accommodation. A endas 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 3 82- 1999, Monday through Friday from 8:00 AM to 5:00 PM. This Notice and Agenda Posted no later than Monday, March 03, 2014, 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 ampli�cation and recording capabilities in the facilities and the Town's overhead proj ector/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 Volunteers in Police Services (VIPS) MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS MANAGER' S REPORT: SUMMARY OF CURRENT EVENTS PRESENTATIONS P 1: Relating to Heritage; "State of the Conservancy" presentation by the Marana Heritage Conservancy (T. VanHook) 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 af�rmative vote will approve all items on the Consent Agenda, including any resolutions or ordinances. Prior to a motion to approve the Consent Regular Council Meeting - March 4, 2014 - Page 2 of 163 Agenda, any Council member may remove any item from the Consent Agenda and that item will be discussed and voted upon separately. C 1: Resolution No. 2014-017: Relating to Public Works; approving and authorizing the Mayor to execute Amendment Number 1 to the intergovernmental agreement between and among the Town of Marana, the Town of Oro Valley, and Pima County for the design and construction of roadway improvements for Tangerine Road-Dove Mountain Boulevard/Twin Peaks Road to La Canada Drive (Scott Leska) C 2: Resolution No. 2014-018: Relating to Community Development; authorizing the Town Manager to apply for grant funding from the Governor's Of�ce of Highway Safety under the Highway Safety Act for the purchase of equipment and the funding of overtime for the Marana Police Department for � scal year 2014-2015; and superseding and replacing Marana Resolution No. 2014-006 adopted on February 4, 2014 (T VanHook) C 3: Resolution No. 2014-019: Relating to Development; approving a release of assurances for Saguaro Springs/Saguaro Bloom Block 8B and accepting public improvements for maintenance (Keith Brann) C 4: Resolution No. 2014-020: Relating to Parks and Recreation; approving and authorizing the Mayor to execute an agreement between the Town of Marana and S& S Bluegrass Promotions, LLC for the 2014 Marana Bluegrass Festival (Tom Ellis) C 5: Resolution No. 2014-021: Relating to Development; approving an amended �nal plat for Silverbell West R-10 Lots 1-42 & Common Areas "A-1 ", "B-1 ", "C-1" &"C-2", "D-1 ", "E-1 ", "F-1" (Robert Clements) C 6: Resolution No. 2014-022: Relating to Economic Development; contributing $2,500 to the Southern Arizona Defense Alliance to aid in a public relations campaign dedicated to supporting local military installations (Gilbert Davidson) C 7: Approval of February 11, 2014 Study Session Meeting Minutes (Jocelyn C. Bronson) C 8: Approval of February 18, 2014 Council Meeting Minutes (Jocelyn C. Bronson) 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 Joseph Hentges on behalf of the Rotary Club of Marana-Dove Mountain for an event to be held at the Stardance Event Center on March 21, 2014 (Jocelyn C. Bronson) BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A 1: PUBLIC HEARING: Ordinance No. 2014.006: Relating to Development; amending Marana Land Development Code Title 5(Zoning) and Title 10 (Procedures) by adding conditional uses upon annexation as a conditional use in zoning classi�cations AG Agricultural, RD-180 Rural Development, R-144 Residential, R-80 Residential, R-36 Residential, R-20 Residential, R-16 Residential, R-12 Residential, R-10 Residential, R-8 Residential, R-7 Residential, R-6 Residential, R-3.5 Residential, MR-2 Multi-Family (Med/High Density), MR-1 Multi-Family (High Density), RV Recreational Vehicle, MH Manufactured Housing, CO Commercial, NC Neighborhood Commercial, VC Village Commercial, RC Regional Commercial, RR Resort and Recreation Zone, MU-1 Mixed- Regular Council Meeting - March 4, 2014 - Page 3 of 163 Use, CBC Campus Business Center, LI Light Industrial, and HI Heavy Industry; and by adding a new paragraph P entitled "Conditional Uses Upon Annexation" to section 10.10 (Conditional Use Permits), establishing the provisions and procedures to implement conditional uses permitted upon annexation; and establishing an effective date Resolution No. 2014-023: Relating to Development; declaring as a public record �led with the Town Clerk the amendments adopted by Ordinance No. 2014.006, amending Marana Land Development Code Title 5(Zoning) and Title 10 (Procedures) by adding conditional uses upon annexation as a conditional use in zoning classi�cations AG Agricultural, RD- 180 Rural Development, R-144 Residential, R-80 Residential, R-36 Residential, R-20 Residential, R-16 Residential, R-12 Residential, R-10 Residential, R-8 Residential, R-7 Residential, R-6 Residential, R-3.5 Residential, MR-2 Multi-Family (Med/High Density), MR-1 Multi-Family (High Density), RV Recreational Vehicle, MH Manufactured Housing, CO Commercial, NC Neighborhood Commercial, VC Village Commercial, RC Regional Commercial, RR Resort and Recreation Zone, MU-1 Mixed-Use, CBC Campus Business Center, LI Light Industrial, and HI Heavy Industry; and by adding a new paragraph P entitled "Conditional Uses Upon Annexation" to section 10.10 (Conditional Use Permits), establishing the provisions and procedures to implement conditional uses permitted upon annexation (Frank Cassidy) A 2: Ordinance No. 2014.007: Relating to Development; approving and authorizing the Mayor to execute the San Joaquin Pre-Annexation Development Agreement for the property located on the north side of Twin Peaks Road between Tiffany Loop and the Casa Grande Highway (I-10) (Frank Cassidy) A 3: Resolution No. 2014-024: Relating to Economic Development; approving and authorizing the Mayor to execute the Marana Main Street Monument Sign Use Agreement for the Town's permanent use of the top portion of a freeway monument sign near the Marana Road/Interstate 10 traf�c interchange (Frank Cassidy) A 4: Ordinance No. 2014.008: Relating to Health and Sanitation; amending Town Code Chapter 10-6 (Special Events Permit); renaming Chapter 10-6 as "Special Events"; amending the de�nition of "special events" and other de�nitions; amending provisions related to exemptions to the special event permitting process; amending the application and application review processes; amending provisions related to the issuance or denial of a permit and grounds therefor; amending provisions related to classi�cation of violations to clarify violations are civil infractions; adding new section 10-6-11 relating to permit revocation; renumbering Chapter 10-6 throughout to conform to changes; and designating an effective date Resolution 2014-025: Relating to Health and Sanitation; declaring as a public record �led with the Town Clerk the amendments adopted by Ordinance No. 2014.008 to Marana Town Code Chapter 10-6 (Special Events Permit) (Jane Fairall) A 5: Ordinance No. 2014.009: Relating to Offenses; amending Town Code Section 11-5- 3(Noise standards in the resort and recreation zone) to clarify a provision regarding noise standards for special events; and designating an effective date (Jane Fairall) ITEMS FOR DISCUSSION/POSSIBLE ACTION D 1: Relatin _ to Le�islation and Government Actions; Discussion and possible action regarding all pending state, federal, and local legislation/government actions and on recent and upcoming meetings of other governmental bodies (Gilbert Davidson) EXECUTIVE SESSIONS Regular Council Meeting - March 4, 2014 - Page 4 of 163 Pursuant to A.R. S. § 3 8-431.03, the Town Council may vote to go into executive session, which will not be open to the public, to discuss certain matters. E 1: Executive Session pursuant to A.R.S. §38-431.03 (A)(3), Council may ask for discussion or consultation for 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 Council Meeting - March 4, 2014 - Page 5 of 163 � r - . I 1 I � -- . I � - -1 I,I � � � J ' � �_, .. � •� ' � - . 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I . � � II � I �.�� I ' �. � � � r _ 1 ~ � ' i ' �- i ti - i � - ii - - • i� i� ' ii � J y i J�`� i �� •- r�'-� L � � �i - � �i � i � _ i a _ '��' i��i�� - � �� i �, � i � .�� " � l �J. - Z . �L - �'. : . . ��' i i■ � -� �� . ��_ �. � �JJ • �� ' `7 . .�� - s.� 1�'�a _�� J!`J �ti� � i� �- TI� 1 s � � • � .�d t. I . . � � � r:y� ��: > > �� - � T � *.�� . 115 5 5 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 8 5 6 5 3 Council Chambers, March 4, 2014, 7:00 PM To: Mayor and Council From: T. VanHook, Community Development Director Strategic Plan Focus Area: Heritage Strategic Plan Focus Area - Additional Information: Item P 1 Working with community partners and heritage organizations is an action strategy under the "Heritage" focus area of the Marana Strategic Plan. The partnership with the Marana Heritage Conservancy strengthens the Town's ability to identify and showcase the contributions of different peoples, cultures and ethnicities to the development of Marana. Subject: Relating to Heritage; "State of the Conservancy" presentation by the Marana Heritage Conservancy Discussion: On May 4, 2010, the Town Council adopted Resolution No. 2010-43, formally endorsing the Marana Heritage Conservancy as a community partner for the preservation and promotion of Marana's history and heritage. Later in 2012 this partnership was strengthened when the Town Council adopted Resolution No. 2012-064 formalizing the relationship through a memorandum of understanding (MOU) that clarified the Town's relationship with the Conservancy and initiates a formal partnership between the two organizations. Under the current agreement, the Conservancy sponsors, supports, develops, and implements community cultural and heritage-related proj ects and programs that enrich the cultural life of the community. These activities, including the annual Founders' Day celebration address specific initiatives in the Town's Strategic Plan, including assistance with cataloging of historical records, and raising funds for future community proj ects. Since that time, the Conservancy has continued to grow, as has the scope and scale of the Town's heritage-related activities and initiatives. During this presentation, Patrick Nilz, President of the Marana Heritage Conservancy will: discuss the vision of the Conservancy, share exciting news about the Heritage on Wheels proj ect, and preview this week's Founders' Day activities. ATTACHMENTS: Name: Description: Type: No Attachments Available Staff Recommendation: Suggested Motion: Regular Council Meeting - March 4, 2014 - Page 7 of 163 115 5 5 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 8 5 65 3 Council Chambers, March 4, 2014, 7:00 PM To: Mayor and Council From: Scott Leska, CIP Engineering Division Manager Strategic Plan Focus Area: Not Applicable Item C 1 Subj ect: Resolution No. 2014-017: Relating to Public Works; approving and authorizing the Mayor to execute Amendment Number 1 to the intergovernmental agreement between and among the Town of Marana, the Town of Oro Valley, and Pima County for the design and construction of roadway improvements for Tangerine Road-Dove Mountain Boulevard/Twin Peaks Road to La Canada Drive Discussion: On May 7, 2013, the Council adopted Marana Resolution No. 2013-043, approving an intergovernmental agreement among the Town of Marana, the Town of Oro Valley, and Pima County, to coordinate and facilitate the design and construction of Tangerine Road improvements from Dove Mountain Boulevard/Twin Peaks Road to La Canada Drive. As originally approved, the IGA called for a low-bid contractor selection process. The parties now desire to modify the IGA to allow for contractor selection using any process authorized by Arizona law. This amendment will allow the contractor to be selected using a construction manager at risk or any other alternate public procurement process the parties decide is appropriate for the work. Financial Impact: This amendment does not change the Town's �nancial obligations under the IGA. ATTAC H M E N TS : Name: Description: Type: � Reso 2014- 017 Tanqerine OV PC TOM IGA 1st Amendment Reso 2014-017 Tangerine rd Resolution (00037081).docx � Exh A-Tangerine Rd amendment no 01.doc Exh A amendment no 01 Exhibit Staff Recommendation: Staff recommends adoption of Resolution 2014-017, approving and authorizing the Mayor to execute Amendment Number 1 to the intergovernmental agreement between and among the Town of Marana, the Town of Oro Valley, and Pima County for the design and construction of roadway improvements for Tangerine Road-Dove Mountain Boulevard/Twin Peaks Road to La Canada Drive. Suggested Motion: Regular Council Meeting - March 4, 2014 - Page 8 of 163 I move to adopt Resolution 2014-017, approving and authorizing the Mayor to execute Amendment Number 1 to the intergovernmental agreement between and among the Town of Marana, the Town of Oro Valley, and Pima County for the design and construction of roadway improvements for Tangerine Road-Dove Mountain Boulevard/Twin Peaks Road to La Canada Drive. Regular Council Meeting - March 4, 2014 - Page 9 of 163 MARANA RESOLUTION NO. 2014-017 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NUMBER 1 TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN AND AMONG THE TO�JN OF MARANA, THE TO�JN OF ORO VALLEY, AND PIMA COUNTY FOR THE DESIGN AND CONSTRUCTION OF ROADWAY IMPROVEMENTS FOR TANGERINE ROAD DOVE MOUNTAIN BOULEVARD/TWIN N PEAKS ROAD TO LA CANADA DRIVE WHEREAS the Town of Marana has entered into an intergovernmental agreement with the Regional Transportation Authority (RTA) to facilitate the construction design and right-of- way acquisition for roadway improvements for Tangerine Road from Dove Mountain Boulevard/ Twin Peaks Road to La Canada Drive; and WHEREAS the Town has been identified by the RTA as the "Lead Agency" for the proposed roadway improvements for Tangerine Road from Dove Mountain Boulevard/Twin Peaks Road to La Canada Drive; and WHEREAS segments of the proposed roadway improvements for Tangerine Road from Dove Mountain Boulevard/Twin Peaks Road to La Canada Drive are located in the town limits of Marana, unincorporated Pima County, and the town limits of Oro Valley; and WHEREAS the Town Council adopted Marana Resolution No. 2013 -043 on May 7, 2013, approving an intergovernmental agreement between and among the Town of Marana, the Town of Oro Valley, and Pima County for the design and construction of roadway improvements for Tangerine Road Dove Mountain Boulevard/Twin Peaks Road to La Canada Drive (the "Tangerine Road Local Jurisdictions IGA"), to coordinate and facilitate the Tangerine Road design and construction among the affected local j urisdictions; and WHEREAS the Tangerine Road Local Jurisdictions IGA provided in paragraph 9 (Contractor Selection) for selection of a contractor using a low bid selection process; and WHEREAS the parties desire to amend the Tangerine Road Local Jurisdictions IGA by revising paragraph 9(Contractor Selection) to allow selection of a qualified construction contracting firm using any process authorized by Arizona Revised Statutes Title 34; and WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests of the citizens of Marana to enter into Amendment Number 1 to the Tangerine Road Local Jurisdictions IGA. Resolution No. 2014-017 - 1- 2/25/2014 11:49 AM FJC Regular Council Meeting - March 4, 2014 - Page 10 of 163 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TO�%'VN OF MARANA, that Amendment Number 1 to the intergovernmental agreement between and among the Town of Marana, the Town of Oro Valley, and Pima County for the design and construction of roadway improvements for Tangerine Road Dove Mountain Boulevard/Twin Peaks Road to La Canada Drive attached to this resolution as Exhibit A is hereby approved, and the Mayor is authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and obj ectives of the Tangerine Road Local Jurisdictions IGA, as amended. PAS SED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 4th day of March, 2014. ATTEST: Jocelyn C. Bronson, Town Clerk Resolution No. 2014-017 Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney �►� 2/25/2014 11:49 AM FJC Regular Council Meeting - March 4, 2014 - Page 11 of 163 PIMA COUNTY DEPARTMENT OF TRANSPORTATION AMENDMENT TO INTERGOVERNMENTAL AGREEMENT NUMBER 14 * 16 PROJECT: Design and Construction of improvements to Tangerine Road-Dove Mt Boulevard/Twin Peaks Road to La Canada Drive RTA-1 PARTIES: Marana, Oro Valley & Pima County AMENDMENT NO. 1 ORIGINAL TERM: 8/6/2013-8/6/2019 CURRENT TERMINATION DATE: 8/6/2019 AMENDED TERMINATION DATE: No Change ORIGINAL AMOUNT: $0 PRIOR AMENDED AMOUNT: $0 AMOUNT THIS AMENDMENT: $0 NEW AMENDED TOTAL: �No Change AMENDMENT NUMBER 1 WHEREAS, Pima County ("County") entered into an intergovernmental agreement with the Towns of Marana and Oro Valley, Pima County Contract Number 14* 16 ("the IGA"), for design and construction of improvements to Tangerine Road-Dove Mountain Boulevard/Twin Peaks Road to La Canada Drive, and WHEREAS, the IGA provided for a specific contractor selection process, and WHEREAS, the parties now agree to modify the IGA to clarify the allowable contractor selection process to be used, NOW, THEREFORE, the Agreement is amended as follows: 1. REVISE: Provision 9. Contractor Selection. to read: The Proj ect shall be constructed by a qualified construction contracting firm (the "Contractor") who shall be selected using a process that is authorized by Arizona Revised Statutes Title 34. The effective date of this Amendment shall be February 24, 2014. All other provisions not specifically changed by this Amendment shall remain in full force and effect. Exhibit A to Resolution 2014-017 Regular Council Meeting - March 4, 2014 - Page 12 of 163 IN WITNESS WHEREOF, the Town of Marana, the Town of Oro Valley and Pima County have caused this amendment to be executed by the Mayor and Council of the Town of Marana and the Town of Oro Valley, upon resolution of the their respective Mayor and Council, and by the Chairman and Board of Supervisors of Pima County upon resolution of said Supervisors and attested to by the Clerk of the Town of Marana, the Clerk of the Town of Oro Valley and Clerk of the Board of Supervisors of Pima County TOWN OF MARANA TOWN OF ORO VALLEY Mayor ATTEST: Town Clerk Date : PIMA COUNTY Chair, Board of Supervisors ATTEST: Pima County Clerk, Board of Supervisors Date : Exhibit A to Resolution 2014-017 DR. SATISH I. HIREMATH Mayor ATTEST: JULIE K. BOWER Town Clerk Date : Regular Council Meeting - March 4, 2014 - Page 13 of 163 INTERGOVERNMENTAL DETERMINATION The foregoing intergovernmental agreement among the Town of Marana, the Town of Oro Valley, and Pima County has been reviewed pursuant to A.R.S. § 11-952 by the undersigned, who have determined that it is in proper form and is within the powers and authority granted under the laws of the State o f Arizona to the Party to this intergovernmental agreement represented by the undersigned. TOWN OF MARANA: TOWN OF ORO VALLEY: Town Attorney Date : Town Attorney Date : PIMA COUNTY Deputy County Attorney Date : Exhibit A to Resolution 2014-017 Regular Council Meeting - March 4, 2014 - Page 14 of 163 115 5 5 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 8 5 65 3 Council Chambers, March 4, 2014, 7:00 PM To: Mayor and Council From: T VanHook, Community Development Director Strategic Plan Focus Area: Not Applicable Item C 2 Subj ect: Resolution No. 2014-018 : Relating to Community Development; authorizing the Town Manager to apply for grant funding from the Governor's Of�ce of Highway Safety under the Highway Safety Act for the purchase of equipment and the funding of overtime for the Marana Police Department for � scal year 2014-2015; and superseding and replacing Marana Resolution No. 2014-006 adopted on February 4, 2014 Discussion: The proposed resolution replaces Resolution No. 2014-006 due to an error in the description of the grant funding being requested. The updated resolution will provide authorization for Town staff to apply for funding under the program described below. Funding is being requested for overtime DUI and speed enforcement activities and for the purchase of equipment to support traf�c safety initiatives. For the last eight consecutive years the Town of Marana has been awarded grant funding from the Governor's Of�ce for Highway Safety (GOHS) to combat impaired and aggressive drivers and take part in enforcement efforts in coordination with local and regional partners like the Southern Arizona DUI Task Force. Over the past few years, the number of impaired drivers on Marana streets has been greatly reduced due to these efforts. Although great strides have been made in making Marana's roadways safer, there are still a large number of impaired drivers getting behind the wheel every day. The Marana Police Department is responding to this problem by increasing education, V1Slblllty enforcement, and of� cer training. With an overall goal to reduce the number of accidents, injuries, and deaths caused by impaired and aggressive drivers, staff requests authorization to submit proposals to the GOHS for grant funding for FY 2014-2015 for additional overtime deployments for both speed and DUI enforcement and funding for the purchase of public safety equipment. If awarded, overtime funding for combating impaired drivers will allow Marana to continue participation on the Southern Arizona DUI Task Force, increasing the number of marked patrol units on the streets during peak DUI times and in targeted locations. This increased activity will serve as a deterrent and by increased formal enforcement action to reduce the number of impaired and aggressive drivers on Arizona roadways. The Town will provide event- speci� c, department-initiated speed and DUI enforcement and work in a coordinated effort with other agencies to reduce the number of individuals under the influence through enforcement and education efforts and to reduce the number of aggressive drivers in the region. Regular Council Meeting - March 4, 2014 - Page 15 of 163 The Town is also requesting funding for programs to combat excessive speed and aggressive driving, to initiate a coordinated education and enforcement effort utilizing internal resources and allowing the MPD to increase efforts to reduce speeding and aggressive and impaired driving, heading off the behaviors that lead to increased incidents of motor vehicle accidents. By proactively addressing the issues and reducing the burden of accident investigation, the MPD will be able to leverage freed-up manpower to more aggressively address the ongoing I-10 closures and issues in school zones and neighborhoods. The goals and obj ectives stated in the grants are as follows : Goal 1: Raise drivers' awareness about the speeds at which they are driving through the Town's school zones and residential streets, thereby reducing speeds and the potential for traf�c accidents. Objective 1.1: Reduce speeding conditions through school zones and residential streets. Objective 1.2: Reduce speeding conditions through construction zones and congested high-traf�c areas. Goa12: Reduce the number of DUI incidents and collisions within the Town of Marana and thereby preserve life and property. Obj ectives 2.1: Reduce the number of DUI-related collisions in the region. Marana will be initiating a coordinated education and enforcement effort during the key commute times in the areas that statistically show the highest incidence of aggressive drivers, high speeds and collisions. The Marana Police Department is con�dent that by taking this two-pronged approach for addressing the problems associated with speeding and aggressive drivers it can reduce the number of collisions, serious injuries and deaths among its citizens. Financial Impact: The Town will be responsible for the operation, maintenance, updates, and replacement costs of the equipment purchased with grant funding. DUI Task Force funding and Speed Enforcement is for overtime and employee-related expenses only. Any other costs related to the activities are the Town's responsibility. ATTAC H M E N TS : Name: Description: Type: � Reso 2014- 018 corrected FY 14- 15 GOHS Grant app auth Reso 2014-018 GOHS Resolution (00037113-2).doc Staff Recommendation: Staff recommends that the Mayor and Council adopt Resolution 2014-018, authorizing the Town Manager to submit grant applications for and execute all documents related to GOHS funding for enforcement programs during FY 2014-2015, and superseding and replacing Marana Resolution 2014- 006. Suggested Motion: I move to adopt Resolution 2014-018, authorizing the Town Manager to submit grant applications for and execute all documents related to GOHS funding for enforcement programs during FY 2014-2015, and superseding and replacing Marana Resolution 2014-006. Regular Council Meeting - March 4, 2014 - Page 16 of 163 MARANA RESOLUTION NO. 2014-018 RELATING TO COMMUNITY DEVELOPMENT; AUTHORIZING THE TO�JN MANAGER TO APPLY FOR GRANT FUNDING FROM THE GOVERNOR'S OFFICE OF HIGHWAY SAFETY UNDER THE HIGHWAY SAFETY ACT FOR THE PURCHASE OF EQUIPMENT AND THE FUNDING OF OVERTIME FOR THE MARANA POLICE DEPARTMENT FOR FISCAL YEAR 2014-2015; AND SUPERSEDING AND REPLACING MARANA RESOLUTION NO. 2014-006 ADOPTED ON FEBRUARY 4, 2014 WHEREAS the Governor's Office of Highway Safety (GOHS) is seeking proposals from state and local agencies for proj ects relating to all aspects of highway safety; and WHEREAS the Town of Marana is interested in submitting proj ects to be considered for funding in the form of reimbursable grants from the National Highway Traffic Safety Administration; and WHEREAS the Town of Marana recognizes its duty to protect its citizens through effective police powers; and WHEREAS the Marana Police Department is working to increase enforcement to reduce excessive speeding and aggressive driving by drivers and the number of impaired drivers on Arizona roadways; and WHEREAS grant funding will assist the Marana Police Department in purchasing equipment to support traffic safety initiatives and in funding overtime DUI and speed enforcement and educational activities and programs to combat excessive speed and aggressive driving allowing the Marana Police Department to increase efforts to reduce speeding and aggressive and impaired driving, heading off the behaviors that lead to increased incidents of motor vehicle accidents; and WHEREAS Marana Resolution No. 2014-006 adopted on February 4, 2014 misidentified the proposed use of the funding. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TO�JN OF MARANA AS FOLLOWS : SECTION 1. The Town Manager is hereby authorized to apply for grant funding from the Governor's Office of Highway Safety for equipment to support traffic safety initiatives and for the funding of overtime DUI and speed enforcement activities and educational programs to combat excessive speed and aggressive and impaired driving during fiscal year 2014-2015. Resolution No. 2014-018 - 1- 2/27/2014 10:54 AM JF/FJC/TV Regular Council Meeting - March 4, 2014 - Page 17 of 163 SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and obj ectives of this resolution, including the execution of all agreements, contracts and documents related to GOHS funding for the Marana Police Department during fiscal year 2014-2015. SECTION 3. This resolution supersedes and replaces Marana Resolution No. 2014-006 adopted on February 4, 2014. PAS SED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TO�JN OF MARANA, ARIZONA, this 4th day of March, 2014. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk Resolution No. 2014-018 APPROVED AS TO FORM: Frank Cassidy, Town Attorney -2- 2/27/2014 10:54 AM JF/FJC/TV Regular Council Meeting - March 4, 2014 - Page 18 of 163 115 5 5 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 8 5 65 3 Council Chambers, March 4, 2014, 7:00 PM To: Mayor and Council From: Keith Brann, Town Engineer Strategic Plan Focus Area: Not Applicable Item C 3 Subj ect: Resolution No. 2014-019: Relating to Development; approving a release of assurances for Saguaro Springs/Saguaro Bloom Block 8B and accepting public improvements for maintenance Discussion: If approved, this resolution will release the assurance agreement between Marana 670 LLC and the First American Title Company, under trust number 9140 and the Town of Marana, regarding Saguaro Springs/Saguaro Bloom Block 8B as depicted on Exhibit A to the resolution. If this resolution is approved, the Town accepts for maintenance, including maintenance of regulatory traf� c control and street signs, approximately 2.47 miles of the following paved streets as shown on Exhibit A to the resolution: Irongate Road Saguaro Breeze Way Hebden Way Caldwell Way Brigmor Road Epworth Road Hanbury Road Denstone Road Saguaro Moon Road Atlow Road Moon Spring Road Rowena Way The Town also accepts for maintenance, a potable water system including 13,0421inear feet of potable water line, water meters, appurtenances, valves, and �re hydrants for the above referenced project with an estimated value of $602,700. Financial Impact: Budgeted to Operations and Maintenance. ATTAC H M E N TS : Name: Description: � Reso 2014- Type: Regular Council Meeting - March 4, 2014 - Page 19 of 163 019 Saquaro Sprinqs 8B Release of Assurances Reso 2014-019 release of assurances Resolution (00037062).docx � Exh A SB Blk 8B Exhibit A.pdf Exh A release of assurances Exhibit Staff Recommendation: Staff recommends that Mayor and Council release the assurances for Saguaro Springs/Saguaro Bloom Block 8B and accept the public improvements for maintenance. Suggested Motion: I move to adopt Resolution 2014-019, releasing the assurances for Saguaro Springs/Saguaro Bloom Block 8B and accepting the public improvements for maintenance. Regular Council Meeting - March 4, 2014 - Page 20 of 163 MARANA RESOLUTION NO. 2014-019 RELATING TO DEVELOPMENT; APPROVING A RELEASE OF AS SURANCES FOR SAGUARO SPRINGS/SAGUARO BLOOM BLOCK 8B AND ACCEPTING PUBLIC IMPROVEMENTS FOR MAINTENANCE WHEREAS Saguaro Springs Block 8B and Saguaro Bloom Block 8B Amended together constitute a 68.6 acre subdivision located north of Twin Peaks Road and south of Lambert Lane; and WHEREAS Saguaro Springs Block 8B, consisting of lots 131 - 399 and common areas `A' and `B', is recorded in the Pima County Recorder's Office at Book 62 of Maps and Plats, Page 8, and WHEREAS Saguaro Bloom Block 8B Amended, consisting of lots 224, 225, 251, 282, 283, 316, 348, 374, 375, 393, 394 and Common Area `B', is recorded at Sequence Number 20123 6103 07; and WHEREAS the Town has an Assurance Agreement assuring the completion of public improvements for the subdivision; and WHEREAS Marana 670, LLC, has completed the public improvements acceptable to Town standards in accordance with the Assurance Agreement. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana as follows: Section 1. Saguaro Springs Block 8B and Saguaro Bloom Block 8B Amended are hereby released from the Assurance Agreement with First American Title Company Inc. under Trust No. 9140. Section 2. The Town accepts for maintenance, including maintenance of regulatory traffic control and street signs, for maintenance, approximately 2.47 miles of the following paved streets as shown on Exhibit A to this resolution, which is incorporated here by this reference: • Irongate Road • Saguaro Breeze Way • Hebden Way • Caldwell Way • Brigmor Road • Epworth Road • Hanbury Road • Denstone Road • Saguaro Moon Road Resolution No. 2014-019 -1- 2/24/2014 3:18 PM KB/FJC Regular Council Meeting - March 4, 2014 - Page 21 of 163 . . . Atlow Road Moon Spring Road Rowena Way Section 3. The Town accepts for maintenance, a potable water system including 13,042 linear feet of potable water line, water meters, appurtenances, valves, and fire hydrants for the above referenced project with an estimated value of $602,700. PAS SED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 4th day of March, 2014. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk Resolution No. 2014-019 APPROVED AS TO FORM: Frank Cassidy, Town Attorney �►� 2/24/2014 3:18 PM KB/FJC Regular Council Meeting - March 4, 2014 - Page 22 of 163 �� 1 � � I .� i � i � *� � � �� C� �.� ` I' � 'I � � r' � � r i�� I� i I � I � � � �. �� +t � � � � � �._ .�.�; #� ��. .�� . �t • � � . �� •�_ :" ' x L ��f� .. _ ._ � . .�' - . •� ��,'„^ *�•'; ��' _' ti.• . �� ' � � . � �.�. .,.�.. f,�f+��a � �� .1;..� .- • i •l, i1_ riii- �� {• ' -- rk.... _ �,�. _• ,_ , _ _ . .�� . 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CIVIC CENTER DRIVE, MARANA, ARIZONA 8 5 65 3 Council Chambers, March 4, 2014, 7:00 PM To: From: Mayor and Council Tom Ellis, Parks and Recreation Director Item C 4 Strategic Plan Focus Area: C ommunity Strategic Plan Focus Area - Additional Information: Initiative 8: Increase participation by residents and visitors in Marana's signature events Subj ect: Resolution No. 2014-020: Relating to Parks and Recreation; approving and authorizing the Mayor to execute an agreement between the Town of Marana and S& S Bluegrass Promotions, LLC for the 2014 Marana Bluegrass Festival Discussion: On November 5, 2013, the Town Council adopted Resolution No. 2013-097, approving a Memorandum of Understanding by and among the Town, the Desert Bluegrass Association, and the Arizona Bluegrass Association for the purpose of allowing the Associations to plan, develop and present the Marana Bluegrass Festival on April 12-13, 2014, with in-kind support and assistance from the Town. The Associations are volunteer organizations. The Associations and the Town have determined that professional assistance is needed for the Festival. S& S Bluegrass Promotions plans, implements and manages bluegrass-related special events and books bluegrass bands for concerts, festivals and events. If approved, this item will approve an agreement that provides for S& S to assist the Town and the Associations in coordinating and promoting the Festival and selecting and contracting with headline performers, as particularly described in the Scope of Work attached as Exhibit A to the agreement. Financial Impact: Total compensation of $2,500 will be paid to S& S Bluegrass Promotions under the agreement, and $4,400 will be paid to headline performers booked by S& S. All or a portion of the $4,400 may be reimbursed to the Town if there are any remaining proceeds from Festival admissions and vendor and other activity fees after payment of all outstanding accounts related to the Festival. ATTAC H M E N TS : Name: � Reso 2014- Description: 020 approvinq S and S Blueqrass Festival aqreement Reso 2014-020 Bluegrass (00037106).docx � Exh A to reso 2014- 020 Marana Blueqrass Festival (00036878-2).doc Exh A to Reso Type: Resolution Exhibit Regular Council Meeting - March 4, 2014 - Page 24 of 163 � Exh A to agreement for Bluegrass Festival (00036885).docx Exh a to agreement Exhibit Staff Recommendation: Staff recommends adoption of Resolution 2014-020, approving and authorizing the Mayor to execute the agreement between the Town of Marana and S& S Bluegrass Promotions, LLC for the 2014 Marana Bluegrass Festival. Suggested Motion: I move to adopt Resolution 2014-020, approving and authorizing the Mayor to execute the agreement between the Town of Marana and S& S Bluegrass Promotions, LLC for the 2014 Marana Bluegrass Festival. Regular Council Meeting - March 4, 2014 - Page 25 of 163 MARANA RESOLUTION NO. 2014-020 RELATING TO PARKS AND RECREATION; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE TO�JN OF MARANA AND S& S BLUEGRASS PROMOTIONS, LLC FOR THE 2014 MARANA BLUEGRASS FESTIVAL WHEREAS the Town Council adopted Resolution No. 2013 -097 on November 5, 2013, approving a memorandum of understanding by and among the Town, the Desert Bluegrass Association, and the Arizona Bluegrass Association for the purpose of allowing the Associations to plan, develop and present the Marana Bluegrass Festival on April 12-13, 2014, with in-kind support and assistance from the Town; and WHEREAS the Associations and the Town have determined that professional assistance is needed for the Festival; and WHEREAS S& S Bluegrass Promotions plans, implements and manages bluegrass- related special events and books bluegrass bands for concerts, festivals and events; and WHEREAS S & S Associations in coordinating headline performers; and Bluegrass Promotions proposes to assist the Town and the and promoting the Festival and selecting and contracting with NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TO�JN OF MARANA, that the agreement between the Town of Marana and S& S Bluegrass Promotions, LLC for the 2014 Marana Bluegrass Festival attached to this resolution as Exhibit A is hereby approved, and the Mayor is authorized to execute it for and on behalf of the Town of Marana. Resolution No. 2014-020 - 1- 2/26/2014 5:44 PM FJC Regular Council Meeting - March 4, 2014 - Page 26 of 163 IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and obj ectives of the agreement between the Town of Marana and S& S Bluegrass Promotions, LLC. PAS SED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 4th day of March, 2014 Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Resolution No. 2014-020 - 2 - 2/26/2014 5:44 PM FJC Regular Council Meeting - March 4, 2014 - Page 27 of 163 AGREEMENT BETWEEN THE TOWN OF MARANA AND S� S BLUEGRASS PROMOTIONS, LLC FOR THE ZO14 MARANA BLUEGRASS FESTIVAL THIS AGREEMENT (the "Agreement"� is entered into by and between the TowN oF MARANA, an Arizona municipal corporation (the "Town"� and S 8� S BLUEGRASS PROMO- TIONS LLC, an Arizona limited liability company ("S 8� S"). The Town and S 8� S are sometimes collectively ref erred to in this Agreement as the "Parties," each of which is sometimes individually ref erred to as a"Party." RECITALS A. In March 2012, the Town Council of the Town of Marana adopted the Town of Marana Strategic Plan II (the "Plan" ). The Plan identif ies Community as one of its f ive f ocus areas. Under the Community f ocus area, the Plan includes an initiative to in- crease participation by residents and visitors in Marana's signature events, with a strat- egy to recruit community partners to plan and staff signature events. B. On November 5, 2013, the Town Council adopted Resolution No. 2013-097 ap- proving a Memorandum of Understanding by and among the Town, the Desert Blue- grass Association, and the Arizona Bluegrass Association, both Arizona non-prof it corporations (the "Associations"), for the purpose of allowing the Associations to plan, develop and present the Marana Bluegrass Festival (the "Festival"), April 12-13, 2014, with in-kind support and assistance f rom the Town. C. S 8� S Bluegrass Promotions is an Arizona limited liability company organized to plan, implement and manage bluegrass-related special events and to book bluegrass bands f or concerts, f estivals and events. D. The Town and S 8� S desire to enter into an agreement regarding S 8� S Bluegrass Promotions' participation in the presentation of the Festival as set f orth in this Agree- ment. A GREEMENT Now THEREFORE, based on the f oregoing recitals, which are incorporated here as the intent of the Parties in entering into this Agreement, and in consideration of the terms of this Agreement, the Parties hereby agree as f ollows: 1. Services to be performed by S � S. S 8� S shall assist the Town and the Associations in presenting the Marana Bluegrass Festival, as set f orth in the Scope of Work, attached hereto and incorporated herein by this ref erence as Exhibit A. Exhibit A to Reso. 2014-020 2014 S& S MARANA BLUEGRASS FESTIVAL AGREEMENT 2/26/2014 3:40 PM JF/FC -1- Regular Council Meeting - March 4, 2014 - Page 28 of 163 2. Payment and invoices. Except as otherwise agreed to in a written amendment to this Agreement signed by the Parties, f or all services and work perf ormed by S 8� S pursuant to this Agreement, the Town shall pay S 8� S the comprehensive, inclusive flat f ee of $2,500.00 as f ollows: a. S 8� S shall submit an invoice to the Town Representative f or $1,000.00 on or about the date of execution of this Agreement. b. S 8� S shall submit an invoice to the Town Representative f or $1,500.00 upon final accounting and payment of all outstanding accounts after the Festival. c. Each invoice submitted by S 8� S to the Town shall include: i. The days when the work and services were perf ormed. 11 The milestones or goals achieved pursuant to this Agreement, where appli- cable. 111 Ref erence to Town tracking numbers, including Purchase Order numbers, authorizing payment f or the work and services addressed by the invoice. d. The Town shall pay S 8� S within 30 days af ter the Town Representative ap- proves S� S's invoice or any portion of it. 3. Town contribution for performers. In addition to the payment set forth in para- graph 2 above, the Town shall contribute $4,400.00 toward the payment of headline perf ormers selected and contracted by S 8� S f or the Festival. If any proceeds f rom the Festival admission, vendor and other activity f ees remain af ter payment of all outstand- ing accounts related to the Festival, S 8� S shall reimburse the Town f or its contribution up to the full amount of the contribution, or until funds are exhausted. 4. Taxes. S 8� S shall be liable for all taxes applicable to the proceeds received by S 8� S under this Agreement, whether those proceeds are from the Town pursuant to paragraph 2 above, or are from other sources. The Town shall not withhold or pay fed- eral, social security, or state income taxes or worker's compensation out of the proceeds payable by the Town under this Agreement, unless duly ordered to do so by a court or other government authority with jurisdiction. 5. Records. S 8� S shall make available to the Town f or inspection any books, ledgers or statements kept by S 8� S regarding activities conducted pursuant to this Agreement. 6. Effective date, duration and renewal. This Agreement shall be effective as of the sig- nature date of the last Party to sign this Agreement and shall remain in ef f ect f or one year. The Parties may renew this Agreement f or up to two consecutive one-year peri- ods, by executing a written amendment setting f orth the renewal term and any amend- ed terms and conditions. If the Parties renew this Agreement, the Festival will general- ly be held during the second weekend of April each year, unless Easter f alls during that weekend. If Easter f alls during the second weekend of April in any renewal year, the Parties shall mutually agree upon other dates f or the Festival, and shall include those dates in the written amendment setting f orth the renewal term. Exhibit A to Reso. 2014-020 2014 S& S MARANA BLUEGRASS FESTIVAL AGREEMENT 2/26/2014 3:40 PM JF/FC -2- Regular Council Meeting - March 4, 2014 - Page 29 of 163 7. Relationship of the parties. In the perf ormance of the services contemplated by this Agreement, S 8� S shall act solely as an independent contractor, and nothing expressed or implied in this Agreement shall be construed to create the relationship of employer and employee, partnership, principal and agent, or to create a joint venture between the Town and S 8� S. 8. Use of Town logo and seal. The Town grants S 8� S a limited license to use, at no cost, the Town's logo and seal in S 8� S's perf ormance of the services described in this Agreement. S 8� S shall not use the Town's logo and seal f or any other purpose or use. S 8� S shall not modify, revise or alter the Town's logo or seal in any way. 9. Insurance. S 8� S shall maintain insurance throughout the term of this Agreement f rom carriers acceptable to the Town with the f ollowing required minimum coverages and limits: Commercial General Liability: U.S. $1,000,000 per occurrence U.S. $2,000,000 aggregate a. S 8� S shall deliver one or more certificates of insurance evidencing coverage as described in this paragraph 9 to the Town upon execution of this Agreement and prior to commencing any activities pursuant to this Agreement. S 8� S shall also de- liver new certificates of insurance each time the policy(s) is updated. All certificates shall be delivered to the Town's Parks and Recreation Director. b. The Town shall be named as an additional insured on the commercial general liability insurance policies required by this paragraph 9. As an additional insured, the Town shall be provided coverage for any liability arising out of operations per- f ormed in whole or in part by or on behalf of S 8� S. S 8� S shall deliver additional in- sured endorsement(s) along with the certificate(s) of insurance required by subpara- graph (a) above. The additional insured endorsement f orm identif ication number shall also be included within the description box on the certif icate of insurance and the applicable policy number shall be included on the endorsement. c. The certificate(s) shall also stipulate that the insurance afforded S 8� S shall be primary insurance and that any insurance carried by the Town, its agents, officials or employees shall be excess and not contributory insurance to that provided by S 8� S. Coverage provided by S 8� S shall be primary insurance with respect to all other available sources. d. The insurance requirements specif ied in this paragraph 9 may not be changed or modif ied except by written agreement signed by both Parties. e. S 8� S shall give the Town at least 30 calendar days' written notice prior to a planned cancellation or reduction of any coverage required by this paragraph 9. S 8� S shall give the Town immediate notice of any other cancellation or reduction of any coverage required by this paragraph 9. Cancellation or reduction of any cover- age required by this paragraph 9 is grounds f or termination of this Agreement by the Town. Exhibit A to Reso. 2014-020 2014 S& S MARANA BLUEGRASS FESTIVAL AGREEMENT 2/26/2014 3:40 PM JF/FC -3- Regular Council Meeting - March 4, 2014 - Page 30 of 163 10. Indemni fica tion. S 8� S agrees to def end, save, hold harmless, and indemnif y the Town, its officials, employees, agents, successors, and assigns from and against any and all manner of claims, suits, lawsuits, action or actions, causes or causes of action, liabili- ties, damages, and other claims and demands of whatsoever nature or kind, in law or in equity, in tort or in contract, or otherwise caused by or resulting from S 8� S's errors, omissions, or negligent acts in the perf ormance of services pursuant to this Agreement, or the errors, omissions or negligent acts of any party S 8� S contracts with in the per- f ormance of services pursuant to this Agreement, anyone directly or indirectly em- ployed by S 8� S, or anyone for whose acts S 8� S may be liable. 11. Regulatory compliance and approvals. Each Party shall at its own expense comply with all applicable f ederal, state and local laws, rules, and regulations in connection with its obligations under this Agreement. As part of this obligation, S 8� S shall obtain any and all permits required by the Town, the Northwest Fire District or any other appropriate regulatory agency f or its activities under this Agreement. In consideration of the services to be perf ormed by S 8� S under the terms of this Agreement, to the ex- tent legally permissible, the Town agrees to waive all Town of Marana review and per- mit f ees that S 8� S would normally be required to pay f or S 8� S's activities pursuant to this Agreement. 12. Notices. All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed given if personally delivered or mailed, certif ied mail, return receipt requested, to the f ollowing addresses: If to the Town, to: TOWN OF MARANA Attn: Parks and Recreation Director 11555 W. Civic Center Drive - Bldg A3 Marana, AZ 85653 If t0 S� S, t0: S� S BLUEGRASS PROMOTIONS LLC Attn: james Sanchez 4741 W. Red Wolf Drive Tucson, Arizona 85742 13. Entire agreement. This Agreement constitutes the entire agreement and under- standing of the Parties pertaining to the subject matter of the Agreement and super- sedes all offers, negotiations, and other agreements of any kind. All prior and contem- poraneous agreements, representations and understandings of the Parties, oral or writ- ten, are superseded and merged in this Agreement. 14. Au thori ty to execu te agreemen t. The individuals executing this Agreement hereby represent that they have full right, power, and authority to execute this Agreement on behalf of their respective Parties. 15. Force majeure. Notwithstanding any other term, condition or provision of this Agreement to the contrary, if any Party to this Agreement is precluded f rom satisf ying or fulfilling any duty or obligation imposed upon it due to labor strikes, material short- Exhibit A to Reso. 2014-020 2014 S& S MARANA BLUEGRASS FESTIVAL AGREEMENT 2/26/2014 3:40 PM JF/FC -4- Regular Council Meeting - March 4, 2014 - Page 31 of 163 ages, war, civil disturbances, weather conditions, natural disasters, acts of God, or other events beyond the control of such Party, the time period provided herein f or the per- f ormance by such Party of such duty or obligation shall be extended f or a period equal to the delay occasioned by such events. 16. Immigration laws. S 8� S warrants that it will at all times comply with all federal immigration laws and regulations that relate to their employees and with Arizona Re- vised Statutes section (A.R.S. �) 23-214 (A). S 8� S acknowledges that pursuant to A.R.S. � 41-4401 and effective September 30, 2008, a breach of this warranty is a material breach of this Agreement subject to penalties up to and including termination of this Agreement, and that the Town retains the legal right to inspect the papers of any em- ployee who perf orms work or services pursuant to this Agreement to ensure compli- ance with this warranty. 17. Conflict of interest. This Agreement is subject to the provisions of A.R.S. � 38-511, which provides for termination in certain instances involving conflicts of interest. 18. Attorneys' fees. The prevailing Party in a civil action to enforce this Agreement shall be entitled to recover f rom the other Party, in addition to any relief to which such prevailing Party may be entitled, all costs, expenses and reasonable attorneys' f ees in- curred in connection with that civil action. 19. Governing law. This Agreement shall be construed in accordance with the laws of the State of Arizona. 20. Termination. Either Party may terminate its participation in this Agreement for any reason upon at least 15 days' prior written notice to the other Party. 21. Miscellaneous. a. This Agreement may not be modif ied except in a writing signed by both of the Parties. b. The captions and section numbers appearing in this Agreement are inserted only as a matter of convenience, and do not def ine, limit, construe or describe the scope or intent of such sections or articles of this Agreement. c. This Agreement may be executed in multiple counterparts, each of which shall, f or all purposes, be deemed an original and all of which, taken together, shall consti- tute one and the same agreement. [SIGNATURE PAGE FOLLOWS] Exhibit A to Reso. 2014-020 2014 S& S MARANA BLUEGRASS FESTIVAL AGREEMENT 2/26/2014 3:40 PM JF/FC -5- Regular Council Meeting - March 4, 2014 - Page 32 of 163 IN WITNESS WHEREOF, the Parties have duly executed this instrument below The "Town": TOWN OF MARANA, an Arizona munici- pal corporation Ed Honea, Mayor Date: ATTEST: Town Clerk APPROVED AS TO FORM: Town Attorney STATE OF ) ) ss. County of ) Date Date "S 8� S" : S 8� S BLUEGRASS PROMOTIONS LLC an Arizona limited liability company James Sanchez, Member Date Federal I.D. # The f oregoing instrument was acknowledged bef ore me this day of , 2014 by James Sanchez, member of S 8� S BLUEGRASS PROMO- TIONS LLC, an Arizona limited liability company, on behalf of the LLC. (Seal) Notary Public Exhibit A to Reso. 2014-020 2014 S& S MARANA BLUEGRASS FESTIVAL AGREEMENT 2/26/2014 3:40 PM JF/FC -6- Regular Council Meeting - March 4, 2014 - Page 33 of 163 EXHIBIT A— AGREEMENT BETWEEN TOWN OF MARANA AND S& S BLUEGRASS PROMOTIONS, LLC 2014 MARANA BLUEGRASS FESTIVAL S&S BLUEGRASS PROMOTIONS, LLC — Scope of Work — 2014 Marana Blue�rass Festival Perform and coordinate pre-Festival planning and Festival management activities to include: Coordinate and manage responsibilities with Arizona Bluegrass Association and Desert Bluegrass Association Direct Marana Bluegrass Festival Committee activities; select, organize and manage Festival Committee, schedule and run meetings Festival Stage Management; provide a Master of Ceremonies, prepare, coordinate, and manage performance schedule Contract Festival sound system provider with appropriate equipment and experience amplifying acoustic music in an outdoor venue Select and contract headline performers Design 2014 Marana Bluegrass Festival Program, including performance schedule, band bios, and Festival information Provide 2014 Marana Bluegrass Festival promotion; flyer distribution to regional festivals and bluegrass organizations, media contact and public service announcement in Tucson, Phoenix, and Flagstaff markets Perform radio spot for KXCI community radio Create and maintain Marana Bluegrass Festival website www.maranafestival.com Contract and coordinate food and crafts vendors; S& S shall ensure that all Festival vendors enter into a release and indemnification agreement in a form approved by the Town of Marana Coordinate and staff volunteer effort Collect Festival gate and vendor receipts; pay outstanding Festival accounts Exhibit A to Agreement for Bluegrass Festival Regular Council Meeting - March 4, 2014 - Page 34 of 163 115 5 5 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 8 5 65 3 Council Chambers, March 4, 2014, 7:00 PM To: From: Mayor and Council Robert Clements, Planner I Strategic Plan Focus Area: C ommunity Subj ect: Resolution No. 2014-021: Silverbell West R-10 Lots 1" "F-1" Discussion: Item C 5 _Relating to Development; approving an amended �nal plat for 1-42 & Common Areas "A-1 ". "B-1 ". "C-1" & "C-2". "D-1 ". "E- Histor The property was annexed into the Town of Marana by Ordinance by 90.28 on September 4, 1990 and assigned translational zoning of "C" (Large Lot Zone). The property was rezoned to "R-36" (Single Family Residential, 36,000 square feet minimum) and "NC" (Neighborhood Commercial) by Ordinance 99.26 on November 16, 1999. A portion of the property was rezoned to "R-10" (Single Family Residential, 10,000 square feet minimum) and "NC" by Ordinance 2005.06 on February 15, 2005. The realignment of Silverbell Road added a portion of "VC" (Village Commercial) zoned property into the platting area. The preliminary plat was approved by town council on January 19, 2007. Town Council approved a�nal plat for 421ot single family subdivision with public streets and Block 1, which contained future commercial development, on March 5, 2013 by Resolution 2013-018. The previously approved Block 1 is excluded from the amendment request. Request Rick Engineering Company representing the property owner is requesting approval of the an amended �nal plat for Silverbell West R-10, Lots 1-42 and Common Areas "A-1 ", "B-1 ", C-1 ", "C-2, "D-1 ", "E- 1" and "F-1 ". This amendment includes a slight realignment of the common area near the entrance to accommodate gates for the subdivision. All streets within the subdivision will be made private by the amended plat. No changes are proposed to the residential lot con�guration or sizes from the previous plat. Location The proposed subdivision is located on the northwest corner of Ina and Silverbell Roads. Zonin The zoning for the subdivision is R-10 and R-36. All of the proposed residential lots fall onto the R-10 zoned portion of the property. The minimum proposed lot size is 10,002 square feet and the maximum proposed lot size is 16,799 square feet with an average lot size of 11,628 square feet. Trans�ortation Access to the subdivision will be provided by a private street off Silverbell Road with emergency access off Ina Road. All internal streets are private and will be maintained by the homeowners association. Regular Council Meeting - March 4, 2014 - Page 35 of 163 ATTAC H M E N TS : Name: Description: Type: � Reso 2014-021 Silverbell West R- 10 final plat (00037104).docx Reso 2014-021 Resolution � Silverbell Location Map.pdf Location Map Backup Material � Silverbell West Amended Final Plat.pdf Silverbell West Amended final plat Backup Material Staff Recommendation: Staff �nds that the �nal plat is in compliance with the conditions of Ordinance 99.26 and Ordinance 2005.06, the Marana Land Development Code and the 2010 Marana General Plan. Staff recommends approval of this �nal plat. Suggested Motion: I move to adopt Resolution No. 2014-021, approving the amended �nal plat for Silverbell West R-10. Regular Council Meeting - March 4, 2014 - Page 36 of 163 MARANA RESOLUTION NO. 2014-021 RELATING TO DEVELOPMENT; APPROVING AN AMENDED FINAL PLAT FOR SILVERBELL WEST R-10 LOTS 1-42 & COMMON AREAS "A-1 ", "B-1 ", "C-1 " & "C-2", "D-1 " "E-1 " "F-1 " > > WHEREAS the final plat for Silverbell West R-10 Lots 1-42, Block 1, and Common Areas "A-1 ", "B-1" & "B-2", "C-1" & "C-2", "D-1 ", "E-1 ", consisting of 25.34 acres, was approved by the Town Council on March 5, 2013 by Marana Resolution No. 2013-018; and WHEREAS the property owner has requested approval of an amended final plat for Silverbell West R-10 Lots 1-42 and Common Areas "A-1" "B-1" "C-1" and "C-2" "D-1" > > > > "E-1 ", "F-1 ", consisting of 17.28 acres, and generally located at the northwest corner of Ina Road and Silverbell Road, within Section 3 5, Township 12 South and Range 12 East; and WHEREAS the amended final plat for Silverbell West R-10 is a resubdivision of all but Block 1 of the final plat for Silverbell West R-10 approved by Resolution 2013 -018, with a nearly identical lot layout but with private roads and slight plat modifications primarily associated with the change from public to private roads; and WHEREAS, the Town Council finds that the amended final plat for Silverbell West R-10 should be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the amended final plat of Silverbell West R-10 Lots 1-42 and Common Areas "A-1 ", "B-1 ", "C-1" and "C-2", "D-1 ", "E-1 ", "F-1" is hereby approved. PAS SED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 4 th day of March, 2014. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk Marana Resolution No. 2014-021 APPROVED AS TO FORM: Frank Cassidy, Town Attorney 2/26/2014 3:48 PM JR/FC Regular Council Meeting - March 4, 2014 - Page 37 of 163 ti - - _ - �� 1� r ,�� . _ . � ' y � � • y • � __ , -} ' r �T - � , {, , ��,.��.,=r � � �. � I ��:��—Y= � :� - � .. -� - __ - �� - - - - _ - - I� III 1 � � - � I � ! � . �-�a F� .. — �',, . � I i � I � � � I - � ..r — _ { � '� � I i � i � � / • � � 1 :s. � � � � ` �■ �� Y 4i ��, � � � W I . I � '� �. � � , � � — � • � � � . " ■ � �� ' � I — . 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CIVIC CENTER DRIVE, MARANA, ARIZONA 8 5 65 3 Council Chambers, March 4, 2014, 7:00 PM To: Mayor and Council From: Gilbert Davidson, Town Manager Strategic Plan Focus Area: Commerce Strategic Plan Focus Area - Additional Information: Initiatives 2 and 4 are directed toward retention of career-oriented commerce and facilitating partnerships with economic development organizations to advance the Town's strategic goals Item C 6 Subj ect: Resolution No. 2014-022: Relating to Economic Development; contributing $2,500 to the Southern Arizona Defense Alliance to aid in a public relations campaign dedicated to supporting local military installations Discussion: The Southern Arizona Defense Alliance (SADA) represents thousands of southern Arizona citizens who proudly support the defense assets based in our region. SADA is dedicated to the preservation and sustainability of southern Arizona military installations, defense and aerospace industry partners, as well as associated education and research institutions. SADA provides coordination for j oint messaging and collective action for the vast maj ority of the region's citizens as well as for the business and non-pro�t organizations dedicated to supporting the military across Southern Arizona. SADA actively supports current and future missions based in the region and all the men and women who serve selflessly to defend our nation. SADA is working to garner support for their collaborative efforts that include launching a signi� cant public relations campaign dedicated toward amplifying the support of our military installations. Davis-Monthan Air Force Base alone has a$1.6 billion annual impact on our local economy. As a result, it is imperative that the community effectively illustrates the value of this base's presence so that they can �ght threats of base closure or changes to the base's mission. Tucson Electric Power (TEP) and Pima County have pledged to contribute funds. SADA is requesting matching contributions from each Pima County local jurisdiction. These funds will directly aid in the public relations and government relations campaign dedicated to supporting the local, and critically important, military assets. In addition, the Town has requested that Western Army Aviation Training Site (WAATS) be included in any effort by SADA as part of the regional effort. WAATS is part of the Pinal Airpark operation. Marana's contribution is to help support WAATS and Davis-Monthan as direct contributors to Marana's local economy. Financial Impact: $2,500 from the Town Manager's budget- professional services. ATTAC H M E N TS : Regular Council Meeting - March 4, 2014 - Page 43 of 163 Name: � Reso 2014- 022 Southern Az Defense Alliance contribution (00037115).docx � SADA letter. pdf Staff Recommendation: Council's pleasure. Description: reso 2014-022 SADA request letter Type: Resolution Backu p Material Suggested Motion: I move to adopt Resolution 2014-022, contributing $2,500 to support the Southern Arizona Defense Alliance to support regional military installations. Regular Council Meeting - March 4, 2014 - Page 44 of 163 MARANA RESOLUTION NO. 2014-022 RELATING TO ECONOMIC DEVELOPMENT; CONTRIBUTING $2,500 TO THE SOUTHERN ARIZONA DEFENSE ALLIANCE TO AID IN A PUBLIC RELATIONS CAMPAIGN DEDICATED TO SUPPORTING LOCAL MILITARY INSTALLATIONS WHEREAS the Southern Arizona Defense Alliance (SADA) is dedicated to the preserva- tion and sustainability of southern Arizona military installations, defense and aerospace industry partners, and associated education and research institutions; and WHEREAS SADA provides coordination for j oint messaging and collective action to support the military across Southern Arizona; and WHEREAS Davis-Monthan Air Force Base alone has a$1.6 billion annual impact on the local economy; and WHEREAS SADA is requesting matching contributions from each Pima County local j u- risdiction to aid in the public relations campaign to support local military assets; and WHEREAS A.R.S. § 9-500.11 authorizes municipal expenditures for economic devel- opment; and WHEREAS the Commerce focus area of Marana Strategic Plan II includes initiatives di- rected toward retention of career-oriented commerce and facilitating partnerships with economic development organizations to advance the Town's strategic goals; and WHEREAS the Council finds that this resolution is in the best interest of the Town of Marana and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TO�%'VN OF MARANA, authorizing a$2,500 contribution to the Southern Arizona Defense Alli- ance to aid in a public relations campaign dedicated to supporting local military installations. PAS SED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 4th day of March, 2014. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Resolution No. 2014-022 2/27/2014 12:01 PM FJC Regular Council Meeting - March 4, 2014 - Page 45 of 163 � ' �� , ��« � '� ex��• �� v�� ','•C4"�.�� _ .� �_ ;�� ,. ;�. F P •• F �� , �� til� % 2FS" Cd'I 5 { ay w ��+c --. ; I � � ` - . i !� � . z � _ r � '�'�' � � b� - .a�, � � �� ,.�. ��.� k 11 �- � � u . "'� . c,. • � ' x�. 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Huachuca � Marine Corps Air S�a�ion � Yuma Proving Ground SADA Coordinat�ng Committee Members: John D�IFrari, A�r �uardians Bruce Dusenberry, Tuc�on Metro �ham�er and DMS� Da�id Godlewsk�, South�rn Arizona Homebuilders Assaciat��n Mike Gr�ssinger, C�M54 Hank Peck, DM5� R�n Shaopman, Sou�hern Ar�zona Leadershi� �ouncil Amber �mi�h, N��tropali�an P�ma A�I�ance & DMS� Phi� Tedesco, Tucson Ass�cia�ion of REALT�RS� Mike Varney, Tucson Metro �hamber + Regular Council Meeting - March 4, 2014 - Page 48 of 163 STUDY SESSION MINUTES 115 5 5 W. Civic Center Drive, Marana, Arizona 8 5 65 3 Boardroom, February 11, 2014, at or after 6:00 PM Ed Honea, l� Jon Post, Vic David Bowen, Cc� Patti Comerford,_ Co Herb Kai, Caun Carol McGorray, C Roxanne Ziegler, C CALL TO ORDER � Town Clerk Bronso present. ZOLL GALL. M� ed roll. Council M PLEDGE (�F ALLEGIANCE/IN�OCATI e lvlayor uncil Member uncil Member cil Member ouncil Member ouncil Member ON �a call�� the meeting to order at 6:02 p.m. i was excused; there was a quorum OF SILENCE. Led by Mayor Honea. APPROVAL OF AGENDA. Motion tv app�ove by Council Membe� McGo��ay, second by Council Membe� Bowen. Passed 6-0. CALL TO THE PUBLIC. No speaker cards were presented. DISCUSSION/DIRECTION/POSSIBLE ACTION D 1: Resolution No. 2014-009: Relating to Boards, Commissions and Committees; selecting three potential topics for the Winter 2014 Marana Citizens' Forum session. Mr. Davidson presented this item, noting that as part of the Forum process staff brings forward three topics that have received input from the citizen forum as a result of conversations in their communities. Three topics must be approved by Council and then the Forum will select one to discuss. The topics presented tonight at (1) expanding education opportunities; (2) marketing, branding and tourism; February 11, 2014 Study Session Minutes 1 Regular Council Meeting - March 4, 2014 - Page 49 of 163 and (3) community emergency management. Motion to adopt the th�ee topics as p�esented by Council Membe� McGo��ay, second by Council Membe� Bowen. Passed 6-0. D2: Relating to Personnel; discussion and possible action regarding changing the Town's funding strategy for health insurance from fully-funded to self-funded. Presented by Suzanne Machain who introduced Don Heilman of Gallagher Benefit Services, the town's benefits consultant. She noted that in past years, self-funding has been touched on. This last year we saw a potential window of opportunity and our consultants conducted an analysis to see if we should move to a self-funded arrangement. We currently have our dental plan self-insured. Mr. Heilman started with an overview �f self-funding, noting that self- funding only changes the way the plan is funded. You are still hiring the administrator to do all of the things currently being done. The only thing that changes is that the town budgets what the claims might be. It's transparent to the employe�. They are getting the same plan of benefits. It's more of a risk transfer from the insurance cc�mpany to the employer, and there is no need to do any plan design changes. Next he discussed why self-funding make� the same network and the same plan desig� explained what is built into fully funded p� arrangement to help mitigate the volatility charge is levied on the e� — paying people to mana shareholders that they in:� . t 1S. With s managrng l� admini stratl make s it far sense by prc�vidin� c� 1. Claims expenses otection. A fully fl c�f a group of our si iplayer. The third piece i e claims and provide cus� to return a profit an illustrative comparison using are the bulk of the costs. He nded plan uses a pooling �e from year to year. A pooling which is the cost of doing business �mer service to members. And they also have d they build risk charges into their costs for �ding, there is the same claims class and you have to deal with the same volatility of ge claims. �ou still have to pay your vendors to process claims, but your e fees are much smaller than with the fully funded plan. A new dynamic which nore compelling for agencies ��to self-fund is a health insurer fee under the affordable healthcare care. This is about 2 percent of the premium This is paid by the insurance company collected through their policyholders, and that is passed along and paid by the federal government to help subsidize insurance companies to the extent that they have an unfavorably bad exchange because they vvant to create some stability. it' s basically a tax to employers to stabilize insurers, and it is only assessed by the federal government. By moving to self-funding, the town would be exempt from that health insurer fee. Under this scenario, cost savings could be as much as six to eight percent. Mr. Heilman discussed stop loss coverage. There are two fundamental mechanisms to achieve stop loss insurance. The first is individual stop loss. Over the course of a 12- month period we are going to insulate the town's liability regardless of the condition or diagnosis. A reasonable threshold for the town would be about $100K. February 11, 2014 Study Session Minutes 2 Regular Council Meeting - March 4, 2014 - Page 50 of 163 The next level of stop loss is aggregate stop loss protection — which says it protects the town from a lot of adverse claimants. The individual stop loss can work in tandem with this. Individual stop loss limits plan claim costs paid on behalf of an individual during the plan year. The insurance carrier assumes the risk beyond the individual stop loss threshold. The premium is a function of risk per claim that is retained by the town. Aggregate stop loss protection limits plan claim costs paid for the overall group and the insurance carrier assumes the risk beyond the aggregate stop loss threshold. He then discussed the percentage of covered workers in partiall by firm size, region and industry in 2013. Mr. Heilman reviewe primarily as it gives the employer more control and flexibillity,l the cost and also mitigates marginal risk, improved cash flc�w a� the health insurer fee under the health care reform. He also talk arrangement with the Marana Health Center. Under a fully fun� town was self-funded, Cigna said yes, within reason. � or completely self-funded plans l the benefits of self-funding, etter access to claims data and � interest earnings and avoids �d about a synergistic ed plan, Cigna said no, but if the There are some risks, but with appropriate managenlent, they can be mitigated. Questions from Council revolved around whether the plan can become political and some of the �autions to watch for. Mr. Heilman said that it's critical to the success of the plan to keep it consistent for employees with the same protocols us He then discussed the fis� establishing the reserves anticipate or fund unpaid unexpected claims fluctu confidentiality, Mr. Heilr across all self-funded �la There arf problem. ly layers of � costs for a �l c�versight and key consi c� id medical fund reserve b . aims a: ion in a �.n respc � . The � racesse premium or $4000-SOOOK annl risk and profit margin out of th mid $40 's per employee comp� r a fully funded plan. tiQns_ by using prudent oversight in ub. Medical fund reserves are used to d expenses in the event of plan termination or to offset �iven year. In response to a question about HIPPA and Ided that we will c�nly see data which is a consistent theme �gulations fc�r a plan sponsor must be elevated for HIPPA. and oversight, but in his experience, it has never been a � adn�inistrator for 3 00 employees are about 8-10% of the �. Self-funded is about half of that because you're taking the uation. Self-funded costs would be somewhere in the low to to $100/month for fully funded. Suzanne Machain concluded the presentation with the staff recommendation that Council direct staff to continue to pursue moving forward to arrange for self-funding. Motion to di�ect staff to p�oceed with th e n ecessa�y wo�k to implemen t self fun ding fo� h ealth insu�an ce by Vice Mayo� Post, secon d by Co un cil Membe� Bowen. Passed S-1 with Co un cil Membe� Mc Go��ay voting nay. February 11, 2014 Study Session Minutes 3 Regular Council Meeting - March 4, 2014 - Page 51 of 163 D3: Resolution No. 2014-010: Relating to Development; pursuant to A.R.S. 9-463.05(D), adoption of land use assumptions, street facilities infrastructure improvement plan, and parks and recreation infrastructure improvement plan related to the Town's 2014 development impact fees for roads, parks, water and wastewater. Keith Brann stated that the first publication of these reports was in September. Tonight staff is presenting the final reports and looking for formal adoption of the land use assumptions which is being used as the basis for both streets, parks & recreation and water and wastewater. The actual IIP's for water and wasteWater are not being discussed tonight, but they do rely on the growth assumptions. We are also looking at the street facilities infrastrueture improvement plan and the parks and recreation infrastructure improvement plan which have been introduced to Council and other entities over the past several months. We have had meetings with our most interested stakeholders — Southern Arizona Home Builders (SAHBA) and Metropolitan Pima Alliance (MPA). On the land assumption report, there has been very little change. Some additional focus data has been added to show comparison of our figures and proj ections versus Pima Association of Governments (PAG's) data. We are very close to the PAG regional projectic�ns; our proj ections may be a little higher as they are not based on increases for the entire region. We corrected the table for the San Lucas data, and at the request of the stakeholders we are adding a listing to all reports of preparers and their credentials. In terms of the street facilities infrastructure plan, there are more categories have been madified as a result of some work on futurf sure that we have cate�ories that are varied enou�h so that thev a ges. Some of the fee reports. We want to make e representative of different fees for different uses. Mobile homes were removed from the report as there is no basis for a construction sales tax credit against them. In these reports and in future reports, mobile home fees will be based on haw they're used. There vvere no discernible differences in industrial uses so they were condensed int� one cate�ory, and retail was expanded to five categories. This will give develapers better rates. In regard tc� a question about trip generation, Mr. Brann stated that trip generation is the number of trips generated by development; single family homes typically nearly generate at l0 trips per day, coming and going. They corrected the limits of Tangerine Farms based on a stakeholder concern from developers along Marana Road and expanded the construction sales tax methodology to be specific by category. There are still some questions by SAHBA as to how these trends may work. We can better explain that during the fee study. SAHBA questioned the slip on construction sales tax between parks and streets in regard to how we re-balanced the fee which is quite apparent in the parks fee, but not apparent in the roads fee how that re-balancing works because the fee is not necessarily listed. In the future report study it will be listed and will then show the net reduction. There was confusion by SAHBA on the numerical value of the $332 which is actually the HURF credit, not the construction sales tax credit. We will continue to work with SAHBA to make sure that the credits are transparent and clear. February 11, 2014 Study Session Minutes 4 Regular Council Meeting - March 4, 2014 - Page 52 of 163 At the last minute before publishing the Council packets, the International Code Council published new cost data in February, so we wanted to incorporate that. We got it in as an appendix to the new report, but in doing so, we failed to remove a conflicting part in the streets plan in Exhibit 6. The numbers had gotten better in the eyes of the developer in that the construction costs have risen over the years, so it's actually a better credit to a developer. Should Council adopt the assumptions tonight, Mr. Brann recommended an amended motion to remove the discrepancy to Exhibit 6. In explaining the expanded HURG definition, Mr. Brann stated: we take our current HURF allocation, divide it by our current population, to arrive at a per resident credit which we then multiply back out times the physical number of residents per home, which is 2.7 to come up with a home credit. And then we took that over 20 years for the life Qf a road proj ect and then multiplied that by ten percent. The last few items were to deal with legacy roads, bri outstanding credit balance and adding the listing of p� documents. On the parks fee based on further discus� much contention. What has changed Qn the parks fac the mobile home category and reduced the maximum is right at about 30, as was Crossroads when we remo a stretch for us to cap it right about at 3 0 to appease S SAHBA regarding bond funding for the Silverbell/Cr that park had received county bond funding, then that been part of a credit basis moving forward. However, county bond series, those ban� fun�s were used for b; . � � ,. , � . ging forward the debt service for the parers' certifications and sealable �ns with SAHBA and MPA, there is still ities IIP, like the streets fe�, we removed ctual park acreage to 3 0 acres. Ora Mae ed the cultural area. So it wasn't much of ,HBA. There has been a question from �srt�ads Park. It is an astute question if hould have either reduced the valuation or ,lthough it was a named bond item in the ik protection along the park in the trail , . ._._., , , 1 1 paid b� the town using tthe park impact fees. SAHBA has continued to question various uses within the fee basis. In further discussic�ns with them, staff conceded that we would remove the concession stand at their request. The main argument being that there is the possibility of it being a revenue component since they are not necessarily a necessary public service. Our parks director agreed to remove that fram the basis so this fee does represent that modification. There was discussion among Cc�uncil who disagreed about the removal of the concession stand. Mr. Brann said the fee could b� included by re-tooling the report and adopting the fee when the water and wastewater fees are brought before Council next week so that we' d be on schedule. That could be disagreed upon and given authority to recalculate with the wastewater fees in another week. We could re-tool the report and adopt it at that time and remain on schedule. Mr. Brann continued by noting that there were other items SAHBA asked to be removed that staff felt were vital issues such as dog parks, handball courts and other items that we kept in. In working on fixing the math for the fee, we did remove paths and trails from the fee basis that were fees paid from grants and such, so that it's more in line with what impact fees have been used for in the past. We did add a table of trails within the town and their acreage. There was a February 11, 2014 Study Session Minutes 5 Regular Council Meeting - March 4, 2014 - Page 53 of 163 request by SAHBA to collect all the trails together and calculate what their overall acreage was and then cap the fee study at 3 0 acres of trails. We disagreed on that. We still don't believe that the statute precludes greater than 3 0 acres of parks, and we don't feel that taking all the trails and calling them one park was accurate. So we have not complied with that request. As we change and work with the mathematics of the fee, we re-balance the construction tax credit that we put toward the parks fee versus the streets fee. The total credit is the same. Again, we added the listing of preparers and their credentials. There is also one other maj or point of contention with SAHBA and that regards the parks fee being a single service benefit area versus multiple benefit areas. We think it's allowable under state law and the most appropriate way for the town to deal with our parks and recreation facilities. SAHBA is requesting that we carve the town up into multiple benefit areas similar to how the rc�ads fee has been done, and assess possibly different fees with different levels of service in different areas of the town. Vice Mayor Post agreed with Mr. Brann, citing the splash park as one example and the ball fields at Crossroads Park as another. Mr. Brann continued with one of the maj or arguments for the single service benefit area programmatically how Parks & Recreatian deals with individual events at multiple parks, or multiple events at a single park. Each park manages their assets. Those are the main things provided in the rep� forward with next steps which are to publish d tentatively ready to go with any changes that may publishing those this Friday, February 14, 2� 14. , fees, including examples of how those fees will b� hearing on March 18, and adoption of the fees on the fee collec�ion on Augus� 1, 2� 14. . Upon approval by Council, staff will go �ports with the actual fees. Those reports are �cur with final adoption tonight, and we' 11 be � are planning a study session on the final .ssessed on February 25, the formal public ay 6. That would put them on schedule for Vice Mayv� Post mad� a motion tv continue mvving fo�wa�d Resolution No. 2014-010, the adoption o f' th e impact fee sch ed ule with th e ch ange to �emove Exh ibit 6 f�om th e st�eets an d adding back �h e con cession sta�n d item. �'o un cil Membe� Bowen secon ded th e motion. Mayo r Honea called far discussion. Cauncil Member Ziegler asked for clarification about the concession stand discussion. Vice Mayor Post said that concession stand would be paid for with general funds rather than impact fees Gilbert Davidson explained based on SAHBA's reasoning, that when the town builds a new regional park, we Wouldn't be able to fund the concession stand out the impact fees for new growth that everyone's paid for; we'd have to go to the town's general fund to pay for that specific item. Council Member Comerford said that if it comes out of the general fund staff can start charging fees for the use of the concession stand. Motion passed 6-0. 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. February 11, 2014 Study Session Minutes 6 Regular Council Meeting - March 4, 2014 - Page 54 of 163 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. Upon motion by Vice Mayo� Post, second by Council Membe� McGo��ay, the meeting was adjou�ned at 7:14 p.m. Passed 6-0. CERTIFICATION I hereby certify that the foregoing are the true an meeting held on February 11, 2014. I further cerl ct minute at a quorum w e Marana Town Council �resent. Jocelyn C. Bronson, Town Clerk February 11, 2014 Study Session Minutes Regular Council Meeting - March 4, 2014 - Page 55 of 163 115 5 5 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 8 5 65 3 Council Chambers, March 4, 2014, 7:00 PM To: From: Mayor and Council Jocelyn C. Bronson, Town Clerk Strategic Plan Focus Area: Not Applicable Subj ect: Approval of February 18, 2014 Council Meeting Minutes Discussion: ATTAC H M E N TS : Name: � Regular Meeting 02-18- 2014.docx Staff Recommendation: Suggested Motion: Description: Feb 18 draft minutes Type: Cover Memo Item C 8 Regular Council Meeting - March 4, 2014 - Page 56 of 163 REGULAR COUNCIL MEETING MINUTES 115 5 5 W. Civic Center Drive, Marana, Arizona 8 5 65 3 Council Chambers, February 18, 2014, at ar after 7:00 PM Ed Honea, Mayor Jon Post, Uice Mayor David Bowen, Council Member Patti Comerford, Cauncil Member Herb Kai, Council Member Carol McClorray, Council Member Roxanne Ziegler, �ouncil Member E�EGULAR �OUNCIL MEETING CALL TO ORDER AND ROLL CALL. May� Town Clerk Bronson called roll. A11 Council PLEDGE QF ALLEGIANCE/IN�OCATI Honea. onea called the meeting to order at 7:04 p.m. r�bers were present. �IENT OF SILENCE. Led by Mayor APPROVAL OF AGENDA. Mvtion to app�ove by Council Membe� McGo��ay, second by Council Membe� Bvwen. Passed unanimously. CALL TO THE PUBLIC. David Morales spoke regarding projects within the town; specifically the wastewater system and the proposed rodeo arena. Mr. Morales suggested returning the sewer system to Pima County, thus freeing money for other projects. PROCLAMATIONS General Aviation Appreciation Month MAYOR AND COUNCIL REPORTS : SUMMARY OF CURRENT EVENTS . Mayor Honea reported on the Accenture Match Play Golf Tournament starting on February 19. February 18, 2014 Meeting Minutes 1 Regular Council Meeting - March 4, 2014 - Page 57 of 163 � � • • • � • l , �'' • r � "�� PRESENTATIONS CONSENT AGENDA. Motion to app�ove by Vice Mayo� Post, second by Council Membe� Kai. Passed unanimously. C 1: Resolution No. 2014-011: Relating to Development; adopting a notice of intent to enter into the San Joaquin Pre-Annexation Development Agreement, a retail development tax incentive agreement for the proposed development of land lc�cated immediately north of the intersection of Twin Peaks Road and Tiffany Loop C 2: Approval of January 28 and February 4, LIQUOR LICENSES L 1: Relating to Liquor Licenses; recommend� Licenses and Control regarding a special evenl ouncil Meeting Minutes ,tion to the Arizona Department of Liquor Rodriquez on behalf of the Marana Heritage ConsE on March 8, 2014. Presented by Jocelyn Br�nson, reviewed by staff, posted and that no protests were Motion to app�ove by Cvuncil Membe� Kai, seev� un an imo usly. BOARDS, COMMISSIQNS B 1: Resolutia►n No. 2014-012: Phyllis Farenga, Thomas Hoch� Mahoney stated that all reappo there are some vacancies on th� fill the vacancies. Motion to ac� Post. Passed un an imo uslv. COUNCIL ACTION OMMI or license application submitted by Francisco rvancy for Marana Founders Day to be held who nc�ted that the application was properly received. Staff recommended approval. d by Council Membe� Ziegle�. Passed lating to► Boards, Commissions and Committees; Reappointing and John McIntyre to the Board of Adjustment. Mr. r�ents are being recommended to Council. He also noted that ►ard and that staff will be reaching out into the community to �ve by Council Membe� McGo��ay, second by Vice Mayo� A 1: PUBLIC HEARING: Ordinance No. 2014.002: Relating to Development; approving a rezoning of approximately 23.9 acres of land from `C' (Large Lot Zone) and `E' (Transportation Corridor Zone) to `HI' {Heavy Industry) for the Marana Technology Campus located on the southwest corner of Tangerine Road and Breakers Road. Mayor Honea opened the public February 18, 2014 Meeting Minutes 2 Regular Council Meeting - March 4, 2014 - Page 58 of 163 hearing. Presented by Robert Clements. At the �nd of Mr. Clements' presentation, Mr. Cassidy noted that a revised ordinance had been placed on the dais. The ordinance in the council packet was not the up-to-date version which is basically language clean-up with no substantive changes, other than a requirement for a 207 waiver. Back in June we stopped requiring 207 waivers for up-zoning requests by the property owner. There being no questions from Council and no questions from the public, Mayor Honea closed the public hearing. Motion to app�ove th e�evised o�din an ce by Co un cil Membe� Ziegle�, secon d by Co un cil Membe� Bowen. Passed unanimously. A 2: Resolution No. 2014-013: Relating to Development appraving the Twin Peaks Corridor Study as a guide for new development in the Twin Peak� Carridor. Mr. Mahoney presented an overview of the study, including the potential costs, General Plan policy directives, Planning Commission input, goals, guidelines for development and signage, v�ildlife linkages and landscaping and color treatments. He noted that this study has been in progress for several months. Sherry Potter spoke regarding encroaching on existing lifestyles with special emphasis on the 20-foot buffer and the need for all jurisdictions to work on maintaining the roads and to ensure that the properties are protected, John Holley stated t�iat it's a good stud�, defining a lot of the landscaping requirements and en�ry monuments and does a beautiful j ob of that, but felt that there are inadequate buffers within �he plan and nothing in the plan addresses lot size. David Lutz spoke in opposition to the Twin Peaks Specific Plan and too much development too fast causing his taxes to rise. Len Paradise spoke regarding the dens"`ity, lot size buffer and that the corridor doesn't address the nee�ls of the people who already committed to the area and the zoning when they purchased. Ron Isaacson spol�e regarding his belief that rules are being made to cover up what is being built, the size of the buffer and the size of the lots. Motion to app�ove the Twin Peaks Co��ido� Study by Couneil 1V�embe� �'ome�fo�d, second by Council Membe� Bowen. Passed 6-1 with Council 1V�embe� Ziegle� voting nay. A 3: PUBLIC HEARING: Ur�inanc� No. 2014.003: Relating to Development; approving a rezoning of apprc�ximately 26 acres of land located west of Twin Peaks Road, south of Potvin Lane, and east of I�ecker Drive frc�m `R (Residential) to `F' (Specific Plan) for the purpose of creating the Twin Peaks Vista Specific Plan and approving a minor amendment to the General Plan. Presented by Jenna Re.illy. Mayor Honea declared the public hearing open. Speakers in opposition or asking for a delay in approving the rezoning included Susan Trembley, Ron Isaacson, Susan Parrish, John Holley, Len Paradise and David Lutz. In favor was Richard Stamp, owner of property in Dove Mountain. Paul Oland of the WLB Group gave additional comments regarding the rezoning as did Pat Welchert from Picor Commercial Real Estate, representing the landlord of the property. Vice Mayor Post asked Ms. Reilly why the departure from the General Plan on the densities. Ms. Reilly responded that a minor General Plan amendment is required for any master planned area, which this would be as a cluster development. They can take one step up as a minor General Plan amendment, so they're still February 18, 2014 Meeting Minutes 3 Regular Council Meeting - March 4, 2014 - Page 59 of 163 slightly above the 2 RAC if you took the overall property, but they are allowed to request that. Mr Mahoney added that it's important to note that the property originally incorporated a larger area, and after that was donated for the road, they were essentially working on the same number of units. Mayor Honea closed the public hearing and noted that this item requires a super maj ority vote of Council for passage. Motion by Mayo� Honea, second by Vice Mayo� Post to app�ove the �ezoning as suppo�ted and app�oved by the Planning Commission, by �emoving Lots 1 and 28, with 58 lots �emaining. Town Cle�k B�onson polled Council. Passed un an imo usly 7-0. A 4: PUBLIC HEARING: Ordinance No. 2014.004: Re rezoning of approximately 100 acres of land located ea�t c� appro�imately a quarter mile north of Lambert Lane from Plan) for the purpose of creating The Preserve at Twin Pe� minor amendment to the General Plan. Mayor Honea op� Brian Varney. Mr. Varney noted some additional conditi the council packets. One of the conditions is that faur add perimeter of the proj ect be restricted to single story homes that the corridor design standards, located on page 60 oft1� accommodate the Twin Peaks Corridor Study design stand Council. Mayor Honea noted that several speakers card� opposition to the rezoning included John Ho1111ey, wha stat better plan than the last one, his apposition is based on th� home. Ron Isaacson echoed the remarks of Mr. Holley re Len Paradise spoke generally abc�ut being able tc� preserv� residents bc�u�ht intc� when theV moved to the area as well �ting to Development; approving a Camino de Manana and Z-3�' (Residential) to `F' (Specific s Specific Plan; and approving a �ed the public hearing. Presented by r�s apart from what was included in ional lots along the northern The second additional condition is Specific Plan will be amended to rds which were adopted earlier by had been submitted. Speakers in � that although he feels this is a �,�00 square foot lot and two-story arding the lot size; Diane Lee and the lifestyle they and many other s noise and traffic that will accompany additional development. David Lutz spoke generally about upzoning the 6,000 square fc�at lots, water use and increased property taxes due to new development and his opposition ta the development Gayle Stenstrom spoke regarding her concerns over new development, the first being water and the availability of water. The second concern is about the preservation of the Sonoran desert tortoise. Mayor Honea closed the public hearing. Council Member Bawen asked about the lot sizes. The minimums range from 6,000 square feet on the low end, 7,2�0 square feet at the midpoint and 9,100 at the high end, Council Member Ziegler asked for clarification on proposed density. Motion to app�ove a�ezoning c�eating The P�ese�ve at Twin Peaks Speci�c Plan and app�oving a mino� amendment to the Gen e�al Plan, s ubject to th e�ecommen ded 25 [sic 17J con ditions as p�esen ted, by Co un cil Membe� Come�fo�d, second by Council Membe� Bowen. Passed unanimously. A 5: Resolution No. 2014-014: Relating to Development; authorizing Town staff to execute and record any documentation necessary to remove the 2003 Development Agreement between the Town of Marana and Spare Time Family Entertainment Center, L.L.C. from the affected February 18, 2014 Meeting Minutes 4 Regular Council Meeting - March 4, 2014 - Page 60 of 163 property's title. Presented by Frank Cassidy. Council Member Comerford asked for clarification on the prospectiv� buyer's ability to pay the $SOK obligation under the 2003 development agreement. Motion to app�ove by Council Membe� Bowen, second by Council Membe� Kai. Passed 6-1 with Council Membe� Come�fo�d voting nay. A 6: PUBLIC HEARING: Ordinance No. 2014.005: Relating to Utilities; amending the Town of Marana comprehensive fee schedule by successively increasing the water base fee, water consumption rates, and groundwater resource/acquisition fee for all Marana residential and non- residential water customers effective April 1, 2014, January 1, 2� 15, January 1, 2016, and January 1, 2014; and by increasing the monthly wastewater service fee and the wastewater volume charge for all Marana residential and non-residential wastewater customers effective April 1, 2014 Resolution No. 2014-015: Relating to Utilities; declaring as a public record filed with the Town Clerk the amendments adopted by Ordinance Nc�. 2014.005, amending the Town of Marana comprehensive fee schedule by successively increasing the water base fee, water consumption rates, and groundwater resource/acquisition fee for a11 Marana residential and non-residential water customers effective April 1, 201. 4, January 1, 2015, January 1, 2016, and January 1, 2014; and by increasing the monthly wastewater service fee and the �vastewater volume charge for all Marana residential and non-residential wastewater customers effective April 1, 2014. Mr. Cassidy noted that there is �.n error on the a�enda with respect to the consecutive dates of utility rate increases. The public notices, however, are correct. The correct dates should be April 1, 2014, January 1, 2015, January 1, 2� 16 and January 1, 2017. Mayor Hanea opened the publ notices far this hearing were m town' s water rate consultant, co of utility rates and the goals af reviewed the prc�posed water ra c� forecast for cost of service. Mo Kai. Passed un an imv uslv. ic hearing. Introduced by John Kmiec, who noted that all public ad� according tc� statute. Dan Jackson of economists.com, the ntinuec� with the presentation. Mr. Jackson provided an overview the rate plan, including capital construction and repairs. He then te plan, the plan impact, wastewater utility assumptions, and the tion to app�ove by Vice Mayo� Post, second by Council Membe� ITEMS FOR DISCUSSIONIPOSSIBLE ACTION D 1: Relating to 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. No report. EXECUTIVE SESSIONS February 18, 2014 Meeting Minutes 5 Regular Council Meeting - March 4, 2014 - Page 61 of 163 E 1: 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. Motion to adjou�n at 9:32 .m. b Membe� Bowen. Passed unanimously. CERTIFICATION I hereby certify that the foregoing are the tr� Council meeting held on February 1�, 2Q 14. I furth Jocelyn C. Bronson, Tawn Cler ost, secon d by Co un cil d correct minutes o ,t a quorum arana Town �sent. February 18, 2014 Meeting Minutes 6 Regular Council Meeting - March 4, 2014 - Page 62 of 163 115 5 5 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 8 5 65 3 Council Chambers, March 4, 2014, 7:00 PM To: From: Mayor and Council Jocelyn C. Bronson, Town Clerk Strategic Plan Focus Area: Not Applicable Item L 1 Subj ect: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding a special event liquor license application submitted by Joseph Hentges on behalf of the Rotary Club of Marana-Dove Mountain for an event to be held at the Stardance Event Center on March 21, 2014 Discussion: This application is for a special event liquor license on behalf of the Rotary Club of Marana - Dove Mountain for an event to be held on March 21, 20141ocated at the Stardance Event Center. 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 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 �rst. The quali�ed organization must receive at least 25 percent 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 �le 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 the 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. ATTAC H M E N TS : Name: Description: � Rotarv Club of Marana.pdf Application for Rotary Club redacted Staff Recommendation: Type: Cover Memo Regular Council Meeting - March 4, 2014 - Page 63 of 163 Staff recommends approval of this 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 Joseph Hentges on behalf of the Rotary Club of Marana-Dove Mountain for a special event to be held at the Stardance Center. OPTION 2: I move to disapprove the special event liquor license application submitted by Joseph Hentges on behalf of the Rotary Club of Marana-Dove Mountain for a special event at the Stardance C enter. Regular Council Meeting - March 4, 2014 - Page 64 of 163 � - ;�. �:a � ._ • - r � G �� i �v 5/ '2'; � 1 : .. i� ..,�{ � {� r � �}r v I � ,r �� - � m ,'� . . �• �1� � i �'y �, • � . � r �, --�� i r iq �� ^•a r . � - ¢ � , - - 7� . .. _� __ ' i y �' � i �,t 6 ' i� ; �4 - '. _ � d � nl �;� �y � _ � 1 M `�, I i :� � ;��i� a � � _ _ ��r. ' s, � _ 4 - _� . � . � � t . f -.1 � - � -- ' . � � . ' � l !i A" �• :, t x� r'' �`� • ��:.:f . . � - ' �' � •;�r_4. _ ; _ � ^� ,t::v `i . 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'��' r ��y - �� r ��' -e�� '��u'• �3 ��.� `i =-� - - � � 7 � �� .q - - � �y , �. f ,� � � � ' '� � � 7 � . �� 1�...e � ve ��y�� `?�'' y��iaa•�. e �N' r "j , �le� �! r_. �} _ � s � � � 1 t� ' _ , F-. . � � jJ l ,. � r � �•` • , . � ' , l �, �' � �� . e ' � " i 1 � � � r ' �i ;(� • 'i . �t '�.� '�' r �� -- � �. - - - � - - �. � � � � � .� — - � _ _ _ �. S _ — _ �'�' .�f' , �.. � —_ _ � __ " " _ . _ _ _ _ _ __ __ _ _ _ __ __ - __ __ _ - _— 3 ' � , __' . _ __ _ _ _—_ —__ _ _ _ �,r. ' ,s � `r " �} — _ __ _ _ _ - — _ --� — "_ . _ . """ _ HS ' � ��. � Ar ��. •N _ _ �• � �� 1'• '_ — _ __ ' _ _ " _ _ _ __ __ _ "" _ _ _-__ __ _ __ �J Y. - � � � �r'{ - �A= Nl ��} �' I� � ��'::� - � � 6 � .; ti � '# �i i '�.YA' 4 � � r.i. �I: F.�F'J '�' : -�. �. � . ��' . � y � � � . - . ' - � -- - -- r - - - - - � ' _ . � 1�. F�as the a�pp��cant been convic�ed of a felony in the past f�e years, or had a�iquor license revoked? [� YES [�✓ N� �a�tach ex fanatiar� if es} 'f �. T�his organiza�ion has beer� issued a special e�ent license �or ° days �his year, including �his eWent �not �o exce�d � � days per year}. ��. !s �he org�ni�a�ion u��ng �he senrice� af � p��mo�er or ofihe� person ta manage �he event? [� YF� [� N� If yes, at�ach a capy af the agreen��n�. � 3. List all peap�e and organiza�ions who will receive the proc�eds. Accoun� far ��°Ia o� th� proceeds. TF�F �]F�GANIZATI�N APPLYING MUST RE�EIVE �5°/a C]F TF�E GFZ�SS REVENUES C]F T�E SPE��AL EVENT LIC�UC3R SALES. Name Rotary Club of Marar►a�Do�e Mountain �� Percentage Address ��`�� N. Sunset Mesa Dr., Marana, A� 856�8 �o-cha�r of event's address Name Percentage Address �Attach addit�onaf sheet if necessary} � 4. Kr�owle�ge of Ar�zona ��a�� Liquor Laws ��tle �4 �s �mpor�an� �o pr��en� iiquor law ��o�ation�. i� y�u ha�� any quesf�ons regardin� fhe law ar �his app�ica�ion, p�ease confiact th� Ar��on� Sta�e Departmen� of Liquor Licenses and Con�ro� for ass�stance. NOTE: ALL ALC�H�LI� BEV�RA�E SALE� MUST BE F�R C�NSUMPTI�N AT THE EVENT SIT� ONLY. "NC� AL�4HC�LIC BEVERAGES SHALL LEAV� SPFCIAL EVENT pREM��ES." 15. Vllhat security and contr�i m��s�r�es wi�� you �ake ta prevent �io�a�ions of s�a�e liquar laws �t this e�ent? �List type and number of securitylpalice pers�nne� and type of fencing or control barriers if �pp��cable} # Po�ice � Fencing ' # Secur�ty personn�� [] Barr�ers 1�. �s there an existing ��quor license at the iocation where the spec'ral event is being held? ❑ Y�� [] NC3 If yes, does fihe exis�ing business agree to suspend �heir liquor licens� during �he time perivd, and in �h� area in whi�h the special e�en� license will be in use? [] YES [] NC] �ATTACH C[]PY C]F AGREENl�NT} � 3 Nam� of Business Phone Nu�ber '�7. Your licensed premises is that area in which you ar� au�horized to seil, �ispense, ar serve spirituaus I�quo�s under the pro��sions vf your licet�s�. The following page �s to �� used to prepar� a diagram of yau� sp�cial e�en� licensed premises. P��ase show d�mensions 5�'IVI11� a�eas, fencing, barricades or ofher con�rol measures and securi�y posit�ons. Regular Council Meeting - March 4, 2014 - Page 66 of 163 SpF��IL EV�NT' Li�FN��[] PREM�� I]�I�I��M �Yh�� iagram must be c�mp�eted wi�h th�s a�p�i�ati�n� �pe�iai �v�nt �iagram: ��h�w dim�nsian�, serv�n� ��eas, �nd ��b�� type �f e�c�osur� and �ecu��#y �ositi�ns} IVDTE: ��w ne�res# cr�ss stre�#s, hi�h►uv�y, or r�ad if �ar,�tion �o�sn't ha�e an address. �.-_. -t� , ... �� '� r � 1(-• [� `� �' � ► ...j �,� �,R �' y�, � �� ~ �� ` ... r �.,,. �, .... ��.,� � V � /�'�y`f�l w �� . � �,' ", �.. �' � �� ,� t � � � �� c�� -� � , , �� i � ti,' �, ',� �� '4 � Y �'`• t I ti. � � � � �' , +,. � � • y �` �� . �� [ �, ' � `` � � .�� ' '• + �� . � i � � � ' , � �' � 4 � � '� � ��`�,. � ``�,. � '\ ' C. ' c. ' � • ti ' R 1 � � ' � ° ti ti� 1 • � �� 'i� i ` � ,, �ti � „�. y �i, . / •. � � � 7 �, � � � � G� 1 � y � •, . � ,., � `4~ �� ''� `, �`� ti � � �, '� , y 5 � ''•� � ' : 't �. `� ' � � ti.. �Y � �� 4 i ti . ' �� _�L �y , . � �'',• '..•� � �� '1�. � � �"y �ti'�1. ` 1 y ,i \ 1 ,4 'y. , 1 ,. �ti '� � �� t . � • ` 1 • q� ., � �♦ � . ` 'i �` "� � ' �. R" ti .��, '�� s �' • ', ` � , n, � •� ° L 5 \ .� w �, r� �'E I� �� ' � �`` ��" � ~ ` � �, �l`�` �' � � G �Cd �`'' ''• ,�, 'ti � -, '"' ;. �`�. ,,� �1 � � t� � � �, ,, ��: � �.`:� ► -`] � �.. � � ~•� � . ,. � �. �. � �., ��, 'ti �� a , � �� . �� ' i �'` i� � W � �• i � i . '� � �� .� � � � ��, �� {� �t�. � � � �� w �- �� } . �� '� �' "''� , � � �. r �� +z �•� �S H �+� �� ;'".� �i '� �'' � �. -�" � � �+ c. •� c� YI #� �' �.� � �t' �� , , � .� `�� `� '� ,:;�. � � � � �� . � � � 4� � . �.,� � �� .�r ...,� ... � � . � 4� ■� +�- � �+ . � a' � �� 1 � c�,� , . ;, ,� �r3 � � � � �� ;� � �� ' . � ��,� �� ' °'S �,.�� `� �,�► � �� , � � -.:,. a �� . �� r .1.�.� � �,.>> � � ;�; �� ,,..,,� , (�,. �� , �� Regular Council Meeting - March 4, 2014 - Page 67 of 163 TH�S S�CTfC]N TCf �E C�MP�ETED C3NLY BY AN �FFICER blR�CT[]R C]R �h�AIRP�RS[3N �F THE �RGAN�ZATI��V NANIED IN [�1JESTIC3N #1 ��, � Joseph T. Hentges deciare �hat ! am an OfficerlDire��c�rlChair erson appoin�ing the �Print fuil name} ap 'cant listed in Questian 6, to apply on beha{� o� �he �oregoing organizat�on for a Specia[ Ev�nt Liquar License. �`� �u � �`--�' a � ��: �o�chair a� e�ent Feb. 7, �0�4 �2a ?44 ��3�� x � �� 5igna�u� ;: �TitlelPosi�iot�} �Date} �Phone �} �� . �"�'"� . � Sta�e af �----- County af � , ��1,�N �l� �UNC�i#+��t.�N� � The foregaing inst�ument was a�knav+rledged before me �his P� ��NE ir� �y xp � [� . � � * '� ��bt�l �� 17 � Day Mo Year � .. �.,. . ..�:�. w ...�ar�..�.�,�..�..,�..-r:.. , w I� � �, � �' , `� , r My Commissior� expires on: --�- � �Da�e} �S�gna�ure �f NC�T�f�Y T�IS SECTIC]N TC� BE G�MPLETED C�NLY BY Tf�� APPLICANT NA�E� IN U�ST1�7N #� ��. Joseph T, Hentges decla�e tha� I am the APPL��ANT fi�ing �his applica�ion as �Print full name} ��s�ed in Question �. I ha�e read �he app�ication and the cor��ents and a�l sta�emen�s are �rue, correct and complete. x �Signat�e} A�� r t ns...�. , �. -- � p� �xi�� `� �'�� . � � � �� .� �� .�� , tate of „� 2.f �-[5_ Coun�y of The �orego�ng instrument was acknowledged before me this �] Day Manth Year ! 1 � _ � /� r � My cammiss�an expires �� Sianature af N�'T�A[RY PUB�i You must obtain Ioca� orrernment a ro�al. Ci or Caunt M[JST recommend e�en� and com lete item #20. The �oca� o�ernin bod rna re uire add�tional a N�cations to �e com le�ed �r�d submitted �0 da s in adr►ance of the e�ent. A�ditianal I�cens�n� fees may also be required before �ppro►ral may be granted. L�CAL G�VERNNNG BC][3Y APPFi�'3VAL SFCT��N 2p, �} hereby recommend this special e�ent app�ication �Gove�nmen� �fficial} �Titfe} on behaff o� �City, Town or County} �Signa�ure of DFFICLAL} �Date} F�]F� C�LL� D�PARTMENT U�� C]NLY Depar�ment Comment Section: Emplo ee [Date} APPR�]VED DISAPPR�VED BY: Ti e D te Regular Council Meeting - March 4, 2014 - Page 68 of 163 S�R�ES 't� S1'FCIAL �VE�VT LIC�IVSE �Temparary� Nan�transferab�e [3r��sa�e r�ta�� pr��l�ges PURP�]SFw A�Iows a charitable, Cirric� fraterna�, �o�itica� or re�ig�aus organ�zat�on �� se�� ndi serrr� ��ritu�u� �iquor far co�sumption only on the prem�ses where the spirituous I�quc�r �s snld� and only for the peri�d authorized on the I�c�nse� This �s a temporary ��c�nse. ADDIT�[]NAL RIGHTS AND ��SPDN��BIL�TMES: -- The app�icant for a spec�a� e�ent M�cen�e must request a�pecial errent application fr�m the D�partment and f�le t�e appl��ation with the gor�erning bvdy of the city o� tornrn or Bvard of Su�er►►isors of an unincorporated area of a cvunty �where the specNal �►rent �s t� take piace} for approrral or disappror►a�� Some Ivcal gorrern�ng bodies may require appr�ximately �0 days prNOr notice. �f the app�icat�on is approrred by the local auth�r�ty, and the errent rn�ets the requ�rements for ��nt�ng tlh� �� tlh� ��ta�r ►w�� u� � �p��a� ��t ��n�� t� th� �u�lifyir�� rg��n�z�t��n. Qualify�ng organ�zations rnri�l �e �ranted a special errent license for no mvr� th�n ten �'� 0� day� �n a calendar year. E�ent� rnust be held vn consecut�►►e days and at the same N�cativn or additional ��censes wil� be requ�red. The �icense i� automatica��y term�hated upon ctos�ng af the �ast day �f the er�ent or the expirat�on of the INCense, whicherrer oc�ur5 first� The qualif�ed organizat�on must rece�►�e at least twenty-f�rre percent �2� °Io� of the gross re►►enues of the sp��ial e►►ent ��quor sa�es� A p�rson sel�ing spirituous liquor under a spec�al errent M�cense mus� purchase the sp�r�tuous I�quor frvrn t�e halder of a li�ense authorized to seM� o�'f'�sale; except that, in the ca�e of a n�n�pr�fit organization wh�ch has obtained a s�ecial �rrent �icense for the p�rp�se of char�tab�e fund raising act��ties, a person may receirre the spirituous 1Mquor frorn a whal�sa�er as a donation� AVERAGE APPR�VAL TNME: t]ne �'1 � ta serren �?� days. PER�aD �]� ISSUANCE� Issued for no more than a cumu�atirre total of ten �'� �� d�ys in a caler�dar yc�ar. A specia� e�ent may be he�d far more than one �'I � day, but it must be he�d on �onsecu��►re d�ys a�nd at the same lacation or add�t�ona� licenses wi�l be required� FFE�: $�5MD� per day. AR�ZI]NA STATUTES AN D REGU LATI �3NSw AR5 4�ZU3.I��, 4�-�44, �4�2�7 � Ru�e R'� 9-7 ��5, �19�'� �235, R'I 3-'� �3D3. D��b�ed �nd�►v�dua�s requ�ring sp��a� accvmmodat�ans p�eas� �� t32� �4�-9��? Regular Council Meeting - March 4, 2014 - Page 69 of 163 115 5 5 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 8 5 65 3 Council Chambers, March 4, 2014, 7:00 PM To: Mayor and Council From: Frank Cassidy, Town Attorney Strategic Plan Focus Area: Not Applicable Item A 1 Subj ect: PUBLIC HEARING: Ordinance No. 2014.006: Relating to Development; amending Marana Land Development Code Title 5(Zoning) and Title 10 (Procedures) by adding conditional uses upon annexation as a conditional use in zoning classi�cations AG Agricultural, RD-180 Rural Development, R-144 Residential, R-80 Residential, R-36 Residential, R-20 Residential, R-16 Residential, R-12 Residential, R-10 Residential, R-8 Residential, R-7 Residential, R-6 Residential, R-3.5 Residential, MR-2 Multi-Family (Med/High Density), MR-1 Multi-Family (High Density), RV Recreational Vehicle, MH Manufactured Housing, CO Commercial, NC Neighborhood Commercial, VC Village Commercial, RC Regional Commercial, RR Resort and Recreation Zone, MU-1 Mixed-Use, CBC Campus Business Center, LI Light Industrial, and HI Heavy Industry; and by adding a new paragraph P entitled "Conditional Uses Upon Annexation" to section 10.10 (Conditional Use Permits), establishing the provisions and procedures to implement conditional uses permitted upon annexation; and establishing an effective date Resolution No. 2014-023: Relating to Development; declaring as a public record �led with the Town Clerk the amendments adopted by Ordinance No. 2014.006, amending Marana Land Development Code Title 5(Zoning) and Title 10 (Procedures) by adding conditional uses upon annexation as a conditional use in zoning classi�cations AG Agricultural, RD-180 Rural Development, R-144 Residential, R-80 Residential, R-36 Residential, R-20 Residential, R-16 Residential, R-12 Residential, R-10 Residential, R-8 Residential, R-7 Residential, R-6 Residential, R-3.5 Residential, MR-2 Multi-Family (Med/High Density), MR-1 Multi-Family (High Density), RV Recreational Vehicle, MH Manufactured Housing, CO Commercial, NC Neighborhood Commercial, VC Village Commercial, RC Regional Commercial, RR Resort and Recreation Zone, MU-1 Mixed-Use, CBC Campus Business Center, LI Light Industrial, and HI Heavy Industry; and by adding a new paragraph P entitled "Conditional Uses Upon Annexation" to section 10.10 (Conditional Use Permits), establishing the provisions and procedures to implement conditional uses permitted upon annexation Discussion: The Town sometimes encounters signi�cant annexation hurdles due to the differences between the uses permitted in county zoning districts and comparable Marana zoning districts. Under Arizona law, annexed property must be translated to a Town zoning classi�cation that grants uses and densities no greater than those permitted by the county immediately before annexation. To comply with this requirement, the Town is sometimes forced to adopt translational zoning upon annexation that is substantially more restrictive than the county zoning. Regular Council Meeting - March 4, 2014 - Page 70 of 163 The proposed annexation of the San Joaquin property, which is the subj ect of a pre-annexation development agreement on tonight's agenda, provides a particularly stark example of this problem. The San Joaquin property enjoys unrestricted Pima County CB-2 zoning. A list of all Pima County CB-2 uses, including those from other zones that are incorporated by reference into CB-2, is included as part of the backup materials for the San Joaquin agenda item, with mark-ups to show those uses not supported or recommended by Town staff for that particular property. Even with the Town staff markups, the remaining uses exceed those allowed in any arguably comparable Marana zoning classi�cation, and far more uses than are allowed in VC Village Commercial, the zoning classi�cation Town staff feels is most appropriate for the site. To address this challenge, Town staff is proposing to add "Conditional Uses Upon Annexation" as a conditional use in all Marana zoning classi� cations except the alphabet zones and the Speci� c Plan zoning classi�cation, and to add a special procedure allowing the Town Council to include these "Conditional Uses Upon Annexation" in the annexation ordinance for the property. A"Conditional Use Upon Annexation" can be any use permitted by the county immediately before the annexation, even if the use would not otherwise be permitted under the translational zoning. The Council would approve any Conditional Uses Upon Annexation for a particular property at the same time it approves the translational zoning for the property -- typically in the ordinance annexing the property. The proposed ordinance does not add Conditional Uses Upon Annexation to zones A through E. These are the original Town of Marana zones, which will be phased out over time. The Town does not rezone or translate upon annexation to these original alphabet zones. The proposed ordinance also does not add Conditional Uses Upon Annexation to zone F(Speci� c Plan). A developer creating a speci� c plan for annexed property will presumably include all of the desired uses, and the translation of a county speci�c plan will typically be a straight-across translation. This item includes the proposed ordinance and a proposed resolution containing the actual Land Development Code revisions and making them a public record. This procedure avoids the need to publish the many pages of revised text in the newspaper. ATTAC H M E N TS : Name: Description: Type: � Ord 2014.006 Conditional Uses Upon Annexation Ord 2014.006 Ordinance (00036897).docx � Reso 2014- 023 and Exh A Conditional Uses Upon Annexation Resolution 2014-023 Resolution (00036896).docx Staff Recommendation: Staff recommends adoption of the Land Development Code provisions relating to Conditional Uses Upon Annexation. Commission Recommendation - if applicable: This item was presented at the Planning Commission's February 26 meeting. The Planning Commission voted 6 to 0(Vice Chair Jakab absent) to recommend approval of the proposed ordinance and resolution. Suggested Motion: I move to adopt Ordinance No. 2014.006 and Resolution No. 2014-023, adding Conditional Uses Upon Annexation to the Marana Land Development Code. Regular Council Meeting - March 4, 2014 - Page 71 of 163 MARANA ORDINANCE NO. 2014.006 RELATING TO DEVELOPMENT; AMENDING MARANA LAND DEVELOPMENT CODE TITLE 5(ZONING) AND TITLE 10 (PROCEDURES) BY ADDING CONDITIONAL USES UPON ANNEXATION AS A CONDITIONAL USE IN ZONING CLASSIFICATIONS AG AGRICULTURAL, RD-180 RURAL DEVELOPMENT, R-144 RESIDENTIAL, R-80 RESIDENTIAL, R-3 6 RESIDENTIAL, R-20 RESIDENTIAL, R-16 RESIDENTIAL, R-12 RESIDENTIAL, R-10 RESIDENTIAL, R-8 RESIDENTIAL, R-7 RESIDENTIAL, R-6 RESIDENTIAL, R-3.5 RESIDENTIAL, MR-2 MULTI-FAMILY (MED/HIGH DENSITY), MR-1 MULTI-FAMILY (HIGH DENSITY), RV RECREATIONAL VEHICLE, MH MANUFACTURED HOUSING, CO COMMERCIAL, NC NEIGHBORHOOD COMMERCIAL, VC VILLAGE COMMERCIAL, RC REGIONAL COMMERCIAL, RR RESORT AND RECREATION ZONE, MU-1 MIXED-USE, CBC CAMPUS BUSINESS CENTER, LI LIGHT INDUSTRIAL, AND HI HEAVY INDUSTRY; AND BY ADDING A NEW PARAGRAPH P ENTITLED "CONDITIONAL USES UPON ANNEXATION" TO SECTION 10.10 (CONDITIONAL USE PERMITS), ESTABLISHING THE PROVISIONS AND PROCEDURES TO IMPLEMENT CONDITIONAL USES PERMITTED UPON ANNEXATION; AND ESTABLISHING AN EFFECTIVE DATE BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TO�JN OF MARANA, as follows: SECTION 1. The amendments to Marana Land Development Code Title 5(Zoning) and Title 10 (Procedures); adding conditional uses upon annexation as a conditional use in zoning classifications AG Agricultural, RD-180 Rural Development, R-144 Residential, R-80 Residential, R-3 6 Residential, R-20 Residential, R-16 Residential, R-12 Residential, R-10 Residential, R-8 Residential, R-7 Residential, R-6 Residential, R-3.5 Residential, MR-2 Multi- Family (Med/High Density), MR-1 Multi-Family (High Density), RV Recreational Vehicle, MH Manufactured Housing, CO Commercial, NC Neighborhood Commercial, VC Village Commercial, RC Regional Commercial, RR Resort and Recreation Zone, MU-1 Mixed-Use, CBC Campus Business Center, LI Light Industrial, and HI Heavy Industry; and adding a new paragraph P entitled "Conditional Uses Upon Annexation" to section 10.10 (Conditional Use Permits), establishing the provisions and procedures to implement conditional uses permitted upon annexation; 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. 2014-XXX 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 {00036897.DOCX /} Marana Ordinance 2014.006 - 1- 2/6/2014 12:37 PM FJC Regular Council Meeting - March 4, 2014 - Page 72 of 163 repeal shall not affect the rights and duties that matured or penalties that were incurred and proceedings that were begun before the effective date of the repeal. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this . or inance. SECTION 4. This ordinance is effective on Apri14, 2014. PAS SED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TO�►TN OF MARANA, ARIZONA, this 4th day of March, 2014. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk {00036897.DOCX /} Marana Ordinance 2014.006 APPROVED AS TO FORM: Frank Cassidy, Town Attorney �� 2/6/2014 12:37 PM FJC Regular Council Meeting - March 4, 2014 - Page 73 of 163 MARANA RESOLUTION NO. 2014-023 RELATING TO DEVELOPMENT; DECLARING AS A PUBLIC RECORD FILED WITH THE TO�JN CLERK THE AMENDMENTS ADOPTED BY ORDINANCE NO. 2014.XXX, AMENDING MARANA LAND DEVELOPMENT CODE TITLE 5(ZONING) AND TITLE 10 (PROCEDURES) BY ADDING CONDITIONAL USES UPON ANNEXATION AS A CONDITIONAL USE IN ZONING CLASSIFICATIONS AG AGRICULTURAL, RD-180 RURAL DEVELOPMENT, R-144 RESIDENTIAL, R-80 RESIDENTIAL, R-36 RESIDENTIAL, R-20 RESIDENTIAL, R-16 RESIDENTIAL, R-12 RESIDENTIAL, R-10 RESIDENTIAL, R-8 RESIDENTIAL, R-7 RESIDENTIAL, R-6 RESIDENTIAL, R-3.5 RESIDENTIAL, MR-2 MULTI-FAMILY (MED/HIGH DENSITY), MR-1 MULTI-FAMILY (HIGH DENSITY), RV RECREATIONAL VEHICLE, MH MANUFACTURED HOUSING, CO COMMERCIAL, NC NEIGHBORHOOD COMMERCIAL, VC VILLAGE COMMERCIAL, RC REGIONAL COMMERCIAL, RR RESORT AND RECREATION ZONE, MU-1 MIXED-USE, CBC CAMPUS BUSINESS CENTER, LI LIGHT INDUSTRIAL, AND HI HEAVY INDUSTRY; AND BY ADDING A NEW PARAGRAPH P ENTITLED "CONDITIONAL USES UPON ANNEXATION" TO SECTION 10.10 (CONDITIONAL USE PERMITS), ESTABLISHING THE PROVISIONS AND PROCEDURES TO IMPLEMENT CONDITIONAL USES PERMITTED UPON ANNEXATION BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TO�JN OF MARANA, ARIZONA, that the amendments to Marana Land Development Code Title 5(Zon- ing) and Title 10 (Procedures), a copy of which is attached to and incorporated in this resolution as Exhibit A and three copies of which are on file in the office of the Town Clerk, are hereby de- clared to be a public record and ordered to remain on file with the Town Clerk. PAS SED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TO�JN OF MARANA, ARIZONA, this 4th day of March, 2014. ATTEST: Jocelyn C. Bronson, Town Clerk {00036896.DOCX /} Resolution No. 2014-023 Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney 2/6/2014 12:28 PM FJC Regular Council Meeting - March 4, 2014 - Page 74 of 163 EXHIBIT A TO MARANA RESOLUTION NO. 2014-023 Amendments to Marana Land Development Code Title 5(Zoning) and Title 10 (Procedures) adopted pursuant to Marana Ordinance No. 2014.006, allowing conditional uses upon annexation and adding them as a conditional use in zoning categories from AG Agriculture to HI Heavy Industry SECTION 1. Marana Land Development Code Section 05.10.01 (AG Agricultural), par- agraph D(Conditional Uses), is hereby revised as follows (with deletions shown with �+r;�TO,,,,+r and additions shown with double underlinin�) : D. Conditional Uses. The following may be permitted subject to Conditional Use Permits pro- vided for in Section 10.10 of the Land Development Code [Subparagraphs 1 through 10 are unchanged] 11. Modular Home; �a-� 12. Residential facilities for non-permanent occupancy including only bed and breakfast establishments, resorts and guest ranches, subject to Section 05.11.07, and 13. Upon annexation and translation of countv zonina. anv use or us- es and densities that were permitted on the annexed propertv un- der the countv zonina at the time of annexation (see Sec- tion 10.10. paraaraph P�. SECTION 2. Marana Land Development Code Section 05.10.02 (RD-180 Rural Devel- opment), paragraph D(Conditional Uses), is hereby revised as follows (with deletions shown with �+r;'T°^„+r and additions shown with double underlinin�) : D. Conditional Uses. The following may be permitted subject to Conditional Use Permits pro- vided for in Section 10.10 of the Land Development Code. [Subparagraphs 1 through 9 are unchanged] 10. Accessory living quarters; �a-� 11. Residential facilities for non-permanent occupancy including only bed and breakfast establishments, resorts and guest ranches, subject to Section 05.11.07, and 12. Upon annexation and translation of countv zonina, anv use or us- es and densities that were permitted on the annexed propertv un- der the countv zonina at the time of annexation (see Sec- tion 10.10, paraaraph P). SECTION 3. Marana Land Development Code Section OS.10.03 (R-144 Residential), paragraph D(Conditional Uses), is hereby revised as follows (with deletions shown with r+r; �TO,,,,+r and additions shown with double underlinin�) : D. Conditional Uses The followina mav be permitted subiect to Conditional Use Permits pro- vided for in Section 10.10 of the Land Development Code: [Subparagraphs 1 through 12 are unchanged] {00036896.DOCX /} Resolution No. 2014-023 Exhibit A 2/6/2014 12:28 PM FJC - 1 - Regular Council Meeting - March 4, 2014 - Page 75 of 163 EXHIBIT A TO MARANA RESOLUTION NO. 2014-023 Amendments to Marana Land Development Code Title 5(Zoning) and Title 10 (Procedures) adopted pursuant to Marana Ordinance No. 2014.006, allowing conditional uses upon annexation and adding them as a conditional use in zoning categories from AG Agriculture to HI Heavy Industry 13. Keeping of rodents, fowl and swine; �a-� 14. Veterinary clinics (small or large); and 15. Upon annexation and translation of countv zonina. anv use or us- es and densities that were permitted on the annexed propertv un- der the countv zonina at the time of annexation (see Sec- tion 10.10. paraaraph P�. SECTION 4. Marana Land Development Code Section 05.10.04 (R-80 Residential), par- agraph D(Conditional Uses), is hereby revised as follows (with deletions shown with �+r;�TO,,,,+r and additions shown with double underlinin�) : D. Conditional Uses The followina mav be permitted subiect to Conditional Use Permits pro- vided for in Section 10.10 of the Land Development Code: [Subparagraphs 1 through 8 are unchanged] 9. Riding arena, rodeo grounds (public, lighted or unlighted); �a-� 10. Residential facilities for non-permanent occupancy including only bed and breakfast establishments: and � 11. Upon annexation and translation of countv zonina, anv use or us- es and densities that were permitted on the annexed propertv un- der the countv zonina at the time of annexation (see Sec- tion 10.10, paraaraph P). SECTION 5. Marana Land Development Code Section 05.10.05 (R-36 Residential), par- agraph D(Conditional Uses), is hereby revised as follows (with deletions shown with �+r;�TO,,,,+r and additions shown with double underlinin�) : D. Conditional Uses. The following may be permitted subject to Conditional Use Permits pro- vided for in Section 10.10 of the Land Development Code. [Subparagraphs 1 through 5 are unchanged] 6. Riding arena, rodeo grounds (private, lighted); �a-� 7. Keeping of rodents and fowl, and 8. Upon annexation and translation of countv zonina, anv use or us- es and densities that were permitted on the annexed propertv un- der the countv zonina at the time of annexation (see Sec- tion 10.10, paraaraph P). SECTION 6. Marana Land Development Code Section 05.10.06 (R-20 Residential), par- agraph D(Conditional Uses), is hereby revised as follows (with deletions shown with �+r;�TO,,,,+r and additions shown with double underlinin�) : {00036896.DOCX /} Resolution No. 2014-023 Exhibit A 2/6/2014 12:28 PM FJC -2- Regular Council Meeting - March 4, 2014 - Page 76 of 163 EXHIBIT A TO MARANA RESOLUTION NO. 2014-023 Amendments to Marana Land Development Code Title 5(Zoning) and Title 10 (Procedures) adopted pursuant to Marana Ordinance No. 2014.006, allowing conditional uses upon annexation and adding them as a conditional use in zoning categories from AG Agriculture to HI Heavy Industry D. Conditional Uses. The following may be permitted subject to Conditional Use Permits pro- vided for in Section 10.10 of the Land Development Code. [Subparagraphs 1 through 4 are unchanged] 5. Accessory living quarters; �a-� 6. Aviaries: and � 7. Upon annexation and translation of countv zonina. anv use or us- es and densities that were permitted on the annexed propertv un- der the countv zonina at the time of annexation (see Sec- tion 10.10. paraaraph P�. SECTION 7. Marana Land Development Code Section OS.10.07 (R-16 Residential), par- agraph D(Conditional Uses), is hereby revised as follows (with deletions shown with �+r;�TO,,,,+r and additions shown with double underlinin�) : D. Conditional Uses. The following may be permitted subject to Conditional Use Permits pro- vided for in Section 10.10 of the Land Development Code. [Subparagraphs 1 through 3 are unchanged] 4. Group homes; �a-� 5. Aviaries and 6. Upon annexation and translation of countv zonina, anv use or us- es and densities that were permitted on the annexed propertv un- der the countv zonina at the time of annexation (see Sec- tion 10.10, paraaraph P). SECTION 8. Marana Land Development Code Section 05.10.08 (R-12 Residential), par- agraph D(Conditional Uses), is hereby revised as follows (with deletions shown with �+r;�TO,,,,+r and additions shown with double underlinin�) : D. Conditional Uses. The following may be permitted subject to Conditional Use Permits pro- vided for in Section 10.10 of the Land Development Code. [Subparagraphs 1 through 2 are unchanged] 3. Private schools and other ancillary uses in connection with churches, synagogues, and other places of worship; �a-� 4. Group homes; and 5. Upon annexation and translation of countv zonina, anv use or us- es and densities that were permitted on the annexed propertv un- {00036896.DOCX /} Resolution No. 2014-023 Exhibit A 2/6/2014 12:28 PM FJC -3- Regular Council Meeting - March 4, 2014 - Page 77 of 163 EXHIBIT A TO MARANA RESOLUTION NO. 2014-023 Amendments to Marana Land Development Code Title 5(Zoning) and Title 10 (Procedures) adopted pursuant to Marana Ordinance No. 2014.006, allowing conditional uses upon annexation and adding them as a conditional use in zoning categories from AG Agriculture to HI Heavy Industry der the countv zonina at the time of annexation (see Sec- tion 10.10. paraaraph P�. SECTION 9. Marana Land Development Code Section OS.10.09 (R-10 Residential), par- agraph D(Conditional Uses), is hereby revised as follows (with deletions shown with �+r;�TO,,,,+r and additions shown with double underlinin�) : D. Conditional Uses. The following may be permitted subject to Conditional Use Permits pro- vided for in Section 10.10 of the Land Development Code. [Subparagraphs 1 through 2 are unchanged] 3. � Private schools and other ancillary uses in connection with churches, synagogues, and other places of worship; �a-� Group homes; and 5. Upon annexation and translation of countv zonina. anv use or us- es and densities that were permitted on the annexed propertv un- der the countv zonina at the time of annexation (see Sec- tion 10.10. paraaraph P�. SECTION 10. Marana Land Development Code Section 05.10.10 (R-8 Residential), par- agraph D(Conditional Uses), is hereby revised as follows (with deletions shown with �+r;�TO,,,,+r and additions shown with double underlinin�) : D. Conditional Uses. The following may be permitted subject to Conditional Use Permits pro- vided for in Section 10.10 of the Land Development Code. 1. 2. � Day care center; Private schools and other ancillary uses in connection with churches, synagogues, and other places of worship; �a-� Group homes; and 4. Upon annexation and translation of countv zonina, anv use or us- es and densities that were permitted on the annexed propertv un- der the countv zonina at the time of annexation (see Sec- tion 10.10, paraaraph P). SECTION 11. Marana Land Development Code Section 05.10.11 (R-7 Residential), par- agraph D(Conditional Uses), is hereby revised as follows (with deletions shown with �+r;�TO,,,,+r and additions shown with double underlinin�) : D. Conditional Uses. The following may be permitted subject to Conditional Use Permits pro- vided for in Section 10.10 of the Land Development Code. {00036896.DOCX /} Resolution No. 2014-023 Exhibit A -4- 2/6/2014 12:28 PM FJC Regular Council Meeting - March 4, 2014 - Page 78 of 163 EXHIBIT A TO MARANA RESOLUTION NO. 2014-023 Amendments to Marana Land Development Code Title 5(Zoning) and Title 10 (Procedures) adopted pursuant to Marana Ordinance No. 2014.006, allowing conditional uses upon annexation and adding them as a conditional use in zoning categories from AG Agriculture to HI Heavy Industry 1. Day care center; 2. Private schools and other ancillary uses in connection with churches, synagogues, and other places of worship; �a-� 3. Group homes; and 4. Upon annexation and translation of countv zonina. anv use or us- es and densities that were permitted on the annexed propertv un- der the countv zonina at the time of annexation (see Sec- tion 10.10. paraaraph P�. SECTION 12. Marana Land Development Code Section 05.10.12 (R-6 Residential), par- agraph D(Conditional Uses), is hereby revised as follows (with deletions shown with �+r;�TO,,,,+r and additions shown with double underlinin�) : D. Conditional Uses. The following may be permitted subject to Conditional Use Permits pro- vided for in Section 10.10 of the Land Development Code. 1. Day care center; 2. Private schools and other ancillary uses in connection with churches, synagogues, and other places of worship; �a-� 3. Group homes, and 4. Upon annexation and translation of countv zonina, anv use or us- es and densities that were permitted on the annexed propertv un- der the countv zonina at the time of annexation (see Sec- tion 10.10, paraaraph P). SECTION 13. Marana Land Development Code Section 05.10.13 (R-3.5 Residential), paragraph D(Conditional Uses), is hereby revised as follows (with deletions shown with r+r; �TO,,,,+r and additions shown with double underlinin�) : D. Conditional Uses. The following may be permitted subject to Conditional Use Permits pro- vided for in Section 10.10 of the Land Development Code. 1. Day care center; 2. Private schools; �a-� 3. Group homes, and 4. Upon annexation and translation of countv zonina, anv use or us- es and densities that were permitted on the annexed propertv un- der the countv zonina at the time of annexation (see Sec- tion 10.10, paraaraph P). {00036896.DOCX /} Resolution No. 2014-023 Exhibit A 2/6/2014 12:28 PM FJC -5- Regular Council Meeting - March 4, 2014 - Page 79 of 163 EXHIBIT A TO MARANA RESOLUTION NO. 2014-023 Amendments to Marana Land Development Code Title 5(Zoning) and Title 10 (Procedures) adopted pursuant to Marana Ordinance No. 2014.006, allowing conditional uses upon annexation and adding them as a conditional use in zoning categories from AG Agriculture to HI Heavy Industry SECTION 14. Marana Land Development Code Section 05.10.14 (MR-2 Multi-Family (Med/High Density)), paragraph E(Conditional Uses), is hereby revised as follows (with dele- tions shown with �+r;'T°^„+r and additions shown with double underlinin�) : E. Conditional Uses: The followina mav be permitted subiect to Conditional Use Permits pro- vided for in Section 10.10 of the Land Development Code: [Subparagraphs 1 through 5 are unchanged] 6. Single family housing as provided in the R-6 zone, and 7. Upon annexation and translation of countv zonina. anv use or us- es and densities that were permitted on the annexed propertv un- der the countv zonina at the time of annexation (see Sec- tion 10.10. paraaraph P�. SECTION 15. Marana Land Development Code Section OS.10.15 (MR-1 Multi-Family (High Density)), paragraph E(Conditional Uses), is hereby revised as follows (with deletions shown with �+r;'T°^„+r and additions shown with double underlinin�) : E. Conditional Uses: The followina mav be permitted subiect to Conditional Use Permits pro- vided for in Section 10.10 of the Land Development Code: [Subparagraphs 1 through 5 are unchanged] 6. Single family housing as provided in the R-6 zone, and 7. Upon annexation and translation of countv zonina, anv use or us- es and densities that were permitted on the annexed propertv un- der the countv zonina at the time of annexation (see Sec- tion 10.10, paraaraph P). SECTION 16. Marana Land Development Code Section 05.10.16 (RV Recreation Vehi- cle), paragraph E(Conditional Uses), is hereby revised as follows (with deletions shown with r+r; �TO,,,,+r and additions shown with double underlinin�) : E. Conditional Uses The followina mav be permitted subiect to Conditional Use Permits pro- vided for in Section 10.10 of the Land Development Code: [Subparagraphs 1 through 6 are unchanged] 7. Upon annexation and translation of countv zonina, anv use or us- es and densities that were permitted on the annexed propertv un- der the countv zonina at the time of annexation (see Sec- tion 10.10, paraaraph P). {00036896.DOCX /} Resolution No. 2014-023 Exhibit A 2/6/2014 12:28 PM FJC -6- Regular Council Meeting - March 4, 2014 - Page 80 of 163 EXHIBIT A TO MARANA RESOLUTION NO. 2014-023 Amendments to Marana Land Development Code Title 5(Zoning) and Title 10 (Procedures) adopted pursuant to Marana Ordinance No. 2014.006, allowing conditional uses upon annexation and adding them as a conditional use in zoning categories from AG Agriculture to HI Heavy Industry SECTION 17. Marana Land Development Code Section 05.10.17 (MH Manufactured Housing), paragraph E(Conditional Uses), is hereby revised as follows (with deletions shown with �+r;'T°^„+r and additions shown with double underlinin�) : E. Conditional Uses The followina mav be permitted subiect to Conditional Use Permits pro- vided for in Section 10.10 of the Land Development Code: [Subparagraphs 1 through 5 are unchanged] 6. Upon annexation and translation of countv zonina. anv use or us- es and densities that were permitted on the annexed propertv un- der the countv zonina at the time of annexation (see Sec- tion 10.10. paraaraph P�. SECTION 18. Marana Land Development Code Section 05.11.01 (CO Commercial), paragraph E(Conditional Uses), is hereby revised as follows (with deletions shown with r+r; �TO,,,,+r and additions shown with double underlinin�) : E. Conditional Uses. The following may be permitted subject to c� �^" �^'^'�+;^r�' ^^r^'; � r� ^r '�t-�� +"° T^�^ �'^��^�' Conditional Use Permits provided for in Section 10.10 of the Land Development Code: [Subparagraphs 1 through 4 are unchanged] 5. Upon annexation and translation of countv zonina, anv use or us- es and densities that were permitted on the annexed propertv un- der the countv zonina at the time of annexation (see Sec- tion 10.10, paraaraph P). SECTION 19. Marana Land Development Code Section 05.11.02 (NC Neighborhood Commercial), paragraph E(Conditional Uses), is hereby revised as follows (with deletions shown with �+r;'T°�„+r and additions shown with double underlinin�) : E. Conditional Uses. The following ��may be permitted subiect to Conditional Use Permits rovided for in Section 10.10 of the Land Development Code if it is found in each case that the indicated criteria and limitations are satisfied and if specific conditions are imposed to carry out the purposes of these regula- tions: [Subparagraphs 1 through 5 are unchanged] 6. Upon annexation and translation of countv zonina, anv use or us- es and densities that were permitted on the annexed propertv un- der the countv zonina at the time of annexation (see Sec- tion 10.10, paraaraph P). {00036896.DOCX /} Resolution No. 2014-023 Exhibit A 2/6/2014 12:28 PM FJC - '] - Regular Council Meeting - March 4, 2014 - Page 81 of 163 EXHIBIT A TO MARANA RESOLUTION NO. 2014-023 Amendments to Marana Land Development Code Title 5(Zoning) and Title 10 (Procedures) adopted pursuant to Marana Ordinance No. 2014.006, allowing conditional uses upon annexation and adding them as a conditional use in zoning categories from AG Agriculture to HI Heavy Industry SECTION 20. Marana Land Development Code Section 05.11.03 (VC Village Commer- cial), paragraph E(Conditional Uses), is hereby revised as follows (with deletions shown with r+r; �TO,,,,+r and additions shown with double underlinin�) : E. Conditional Uses The following may be permitted subject to the conditional use permit pro- cedure set forth in Section 10.10 if the indicated criteria and limitations are satisfied: 1. Automobile paint, body and fender shops, subject to the following criteria: a. b. c. d. e. The parcel containing the use shall be located not closer than 250 feet from any residentially zoned lot line. The development shall be subject to the commercial de- sign standards (Section 08.07.03 of this code) Areas where vehicles shall be screened on and solid gates. are being stored or awaiting repair all sides by decorative block walls Outdoor storage is prohibited. Outdoor repairs are prohibited, except windshield replace- ment. 2. Upon annexation and translation of countv zonina, anv use or us- es and densities that were permitted on the annexed propertv un- der the countv zonina at the time of annexation (see Sec- tion 10.10, paraaraph P). SECTION 21. Marana Land Development Code Section 05.11.04 (RC Regional Com- mercial), paragraph D(Conditional Uses), is hereby revised as follows (with deletions shown with �+r;'T°�„+r and additions shown with double underlinin�) : D. Conditional Uses The following uses may be permitted in the RC zone subiect to the condi- tional use permit procedure set forth in Section 10.10, if it is found in each case that= �. T",� the indicated criteria and limitations are satisfied and ? cr°^;f;� s ecific conditions are imposed h� h° T^�^,r �^, ,�^�' to carry out the purposes of these regulations. 1.� Automobile Service Stations Criteria: a.{�} Feasibility of arranging ingress and egress without interfer- ence or hazard to arterial street traffic and traffic to and from adjacent uses. {00036896.DOCX /} Resolution No. 2014-023 Exhibit A -$- 2/6/2014 12:28 PM FJC Regular Council Meeting - March 4, 2014 - Page 82 of 163 EXHIBIT A TO MARANA RESOLUTION NO. 2014-023 Amendments to Marana Land Development Code Title 5(Zoning) and Title 10 (Procedures) adopted pursuant to Marana Ordinance No. 2014.006, allowing conditional uses upon annexation and adding them as a conditional use in zoning categories from AG Agriculture to HI Heavy Industry b.{�} No more than one other service station located within 500 feet of each other. c.{�} Proposed architecture and site location enhance the ap- pearance and character of neighboring properties. 2.� Plant Nurseries Home and Garden Supplies. {�} Criteria: a.{�} Location on periphery of commercial area so as to not in- terfere with pedestrian movement and shopping. b.{�} Screening of all materials and supplies other than plants. 3.{�} Bowling Centers, Fitness Centers, and Other Commercial Recrea- tional Uses. {�} Criteria: a.{�} Feasibility of arranging ingress and egress without interfer- ence or hazard to arterial street traffic and traffic to and from adjacent uses. b.{�} The proposed architecture and site location enhance the appearance and character of neighboring properties. c.{�} Compatibility with the appearance, character and activities of other uses located on the site. d.{�} Noise mitigation measures shall include but not be limited to the orientation of buildings and the design of floor plans to assure the interior ambient noise will not be heard out- side the building. 4.� Automobile Car Washes. {�} Criteria: a.{�} Location on periphery of commercial area so as to not in- terfere with pedestrian movement and shopping. b.{�} Screening of all car wash operations. c.{�} Location sufficiently removed from any residential area to negate any possible nuisance due to noise or other fea- tures associated with the operation of the car wash. 5.� Medical marijuana dispensary, c� �h;o^ +ho ��r�;+;�r�� ,,�o ror_ n ;+ rr��o� �o+ fnrFh ;r co�+;�r �n ��subject to the re- quirements found in Section 08.08. 6.� Compatible uses determined acceptable by the Planning Adminis- trator. 7. Upon annexation and translation of countv zonina, anv use or us- es and densities that were permitted on the annexed propertv un- der the countv zonina at the time of annexation (see Sec- tion 10.10, paraaraph P). {00036896.DOCX /} Resolution No. 2014-023 Exhibit A 2/6/2014 12:28 PM FJC -9- Regular Council Meeting - March 4, 2014 - Page 83 of 163 EXHIBIT A TO MARANA RESOLUTION NO. 2014-023 Amendments to Marana Land Development Code Title 5(Zoning) and Title 10 (Procedures) adopted pursuant to Marana Ordinance No. 2014.006, allowing conditional uses upon annexation and adding them as a conditional use in zoning categories from AG Agriculture to HI Heavy Industry SECTION 22. Marana Land Development Code Section 05.11.07 (RR Resort and Recre- ation Zone) is hereby revised as follows (with deletions shown with �+r;'T°^„+r and additions shown with double underlinin�) : PURPOSE AND INTENT [This unnumbered subsection is unchanged.] PERMITTED USES [This unnumbered subsection is unchanged.] ACCESSORY USES [This unnumbered subsection is unchanged.] CONDITIONAL USES The following mav be permitted subiect to Conditional Use Permits provided for in Section 10.10 of the Land Development Code: h��t orl nr�l�i f�1II�1\A/IY1�`I �ho i��i i�r�no nf ��`nr�rli ' r»I I I�o Dorrr�i� [Subparagraphs 1 through 12 are unchanged.] 13. Upon annexation and translation of countv zonina. anv use or us- es and densities that were permitted on the annexed propertv un- der the countv zonina at the time of annexation (see Sec- tion 10.10, paraaraph P). DEVELOPMENT STANDARDS [This unnumbered subsection is unchanged.] SECTION 23. Marana Land Development Code Section OS.11.08 (MU-1 Mixed-Use), paragraph D(Conditional Uses), is hereby revised as follows (with deletions shown with r+r; �TO,,,,+r and additions shown with double underlinin�) : D. Conditional Uses The followina mav be permitted subiect to Conditional Use Permits pro- vided for in Section 10.10 of the Land Development Code: [Subparagraphs 1 through 14 are unchanged.] 15. Veterinary clinic, large; �a-� 16. Warehouse facilities and 17. Upon annexation and translation of countv zonina, anv use or us- es and densities that were permitted on the annexed propertv un- der the countv zonina at the time of annexation (see Sec- tion 10.10, paraaraph P). SECTION 24. Marana Land Development Code Section 05.12.01 (CBC Campus Busi- ness Center), paragraph E(Conditional Uses), is hereby revised as follows (with deletions shown with �+r;'T°�„+r and additions shown with double underlinin�) : {00036896.DOCX /} Resolution No. 2014-023 Exhibit A 2/6/2014 12:28 PM FJC -10- Regular Council Meeting - March 4, 2014 - Page 84 of 163 EXHIBIT A TO MARANA RESOLUTION NO. 2014-023 Amendments to Marana Land Development Code Title 5(Zoning) and Title 10 (Procedures) adopted pursuant to Marana Ordinance No. 2014.006, allowing conditional uses upon annexation and adding them as a conditional use in zoning categories from AG Agriculture to HI Heavy Industry E. Conditional Uses. The following may be permitted �,� .".° �'Q�' �^�° subject to Conditional Use Permits provided for in Section 10.10 of the Land Development Code �� nnr�rli ' r�� rlo�orrr�ir�orl r�ono��r�i h�i �ho Tn�nir� �`ni ir�nil: [Subparagraphs 1 through 8 are unchanged] 9. Blueprinting, Photostatting, photo engraving, printing, publishing and book binding, and 10. Upon annexation and translation of countv zonina. anv use or us- es and densities that were permitted on the annexed propertv un- der the countv zonina at the time of annexation (see Sec- tion 10.10. paraaraph P�. SECTION 25. Marana Land Development Code Section 05.12.02 (LI Light Industrial), paragraph E(Conditional Uses), is hereby revised as follows (with deletions shown with r+r; �TO,,,,+r and additions shown with double underlinin�) : E. Conditional Uses The following may be permitted �,� "° ''�^�° subiect to Conditional Use Permits provided for in Section 10.10 of the Land Development Code +� n�°^' ��^' if specific conditions are imposed� "° D �'^n^n^�cc��to carry out the purposes of this zone: [Subparagraphs 1 through 7 are unchanged] 8. Upon annexation and translation of countv zonina, anv use or us- es and densities that were permitted on the annexed propertv un- der the countv zonina at the time of annexation (see Sec- tion 10.10, paraaraph P). SECTION 26. Marana Land Development Code Section 05.12.03 (HI Heavy Industry), paragraph D(Conditional Uses), is hereby revised as follows (with deletions shown with r+r; �TO,,,,+r and additions shown with double underlinin�) : D. Conditional Uses. The followina mav be permitted subiect to Conditional Use Permits pro- vided for in Section 10.10 of the Land Development Code: � Tho o��rr;r� Orlmir�i� � Any other use which may be similar to those listed above, in conformity with the intent and purpose of this zone, and not more obnoxious or detrimental to the public health, safety, welfare or to other uses permitted in this zone. 2. Medical marijuana dispensary, c� �h;o�+ +� +ho ��r�;+;�r�� ,,�o ror_ �mi� r�rnr►orl i iro �o� fnrFh ir� Cor►finr� 'I �1 ��subject to the re - quirements found in Section 08.08. {00036896.DOCX /} Resolution No. 2014-023 Exhibit A 2/6/2014 12:28 PM FJC -11- Regular Council Meeting - March 4, 2014 - Page 85 of 163 EXHIBIT A TO MARANA RESOLUTION NO. 2014-023 Amendments to Marana Land Development Code Title 5(Zoning) and Title 10 (Procedures) adopted pursuant to Marana Ordinance No. 2014.006, allowing conditional uses upon annexation and adding them as a conditional use in zoning categories from AG Agriculture to HI Heavy Industry 3. Upon annexation and translation of countv zonina. anv use or us- es and densities that were permitted on the annexed propertv un- der the countv zonina at the time of annexation (see Sec- tion 10.10. paraaraph P�. SECTION 27. Marana Land Development Code Section 10.10 (Conditional Use Permits) is hereby revised by adding a new subparagraph P as follows: P. Conditional Uses Upon Annexation 1. Purpose. The uses and densities permitted under county zoning and in county zoning districts do not directly correlate to the uses and densities permitted in the most closely comparable town of Marana zoning classifications. Upon annexation, this paragraph P is intended to authorize the Council to conditionally permit uses and densities permitted by the county immediately before annexa- tion upon translation of county zoning to the most closely compa- rable town of Marana zoning classification. 2. Applicability. The special procedures and authority set forth in this paragraph P apply only to the translation of county zoning to town of Marana zoning upon annexation of property. 3. Procedure. Except as specifically set forth below, paragraphs A through G, I through K, and O of this section 10.10 shall not apply to conditional uses authorized upon annexation pursuant to this paragraph P. Conditional uses granted upon annexation shall be included in the ordinance adopted by Council translating county zoning upon annexation. 4. Findings. In determining whether to grant conditional uses upon annexation pursuant to this paragraph P, the Council shall consid- er the factors set forth in paragraph D of this section. 5. Conditions. Conditional uses permitted by the Council upon an- nexation may include conditions the Council deems necessary to mitigate potential impacts and insure compatibility of the use with surrounding development and the town as a whole, including without limitation those conditions set forth in paragraph E of this section. 6. Effect. Paragraphs H(Modification of Conditional Use Permits), L (Revocation), M(Grounds for Revocation), and N(Status of Con- ditional Use Permit) shall apply to conditional uses permitted by the Council upon annexation pursuant to this paragraph P. {00036896.DOCX /} Resolution No. 2014-023 Exhibit A 2/6/2014 12:28 PM FJC -12- Regular Council Meeting - March 4, 2014 - Page 86 of 163 115 5 5 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 8 5 65 3 Council Chambers, March 4, 2014, 7:00 PM To: Mayor and Council From: Frank Cassidy, Town Attorney Strategic Plan Focus Area: Commerce Strategic Plan Focus Area - Additional Information: Item A 2 Commerce Initiative 6: Promote development of the Economic Activity Centers as outlined in the Marana Economic Roadmap. Strategy a.Vlll.: Create economic development concepts for the Twin Peaks Activity Center. Subj ect: Ordinance No. 2014.007: Relating to Development; approving and authorizing the Mayor to execute the San Joaquin Pre-Annexation Development Agreement for the property located on the north side of Twin Peaks Road between Tiffany Loop and the Casa Grande Highway (I- 10) Discussion: Town staff has negotiated a pre-annexation development agreement with San Joaquin Land Investments, LLC, an Arizona limited liability company owned by the Tohono O'odham Economic Development Authority, the owner of an approximately 8.18-acre parcel of land located on the north side of Twin Peaks Road between Tiffany Loop and I-10. The Town of Marana owns an approximately 3.089-acre remnant parcel located immediately east of San Joaquin's 8.18-acre parcel. The remnant parcel was a portion of a larger parcel the Town of Marana purchased for construction of the Twin Peaks interchange. The Town plans to sell the remnant at auction within the next couple months -- soon after the Arizona Department of Transportation formally establishes the new I-10 right-of-way boundaries. If San Joaquin is the successful bidder for the remnant parcel, the San Joaquin agreement will cover the remnant parcel as well as San Joaquin's existing 8.18-acre parcel. Zoning translation has been a complicated and important issue in the San Joaquin Pre-Annexation Development Agreement negotiations. The San Joaquin parcel is zoned unrestricted CB-2 in the county. Town staff has created and attached as backup material for this agenda item an exhibit showing all of the CB-2 uses, including uses from other county zones incorporated by reference into the CB-2 zone, with Town staff mark-ups showing uses Town staff opposes on this particular site. Even if all of the mark-ups are accepted, the remaining uses far exceed those permitted in the Town of Marana's VC Village Commercial zone -- the zoning applicable to the remnant parcel and the zone Town staff believes is most appropriate for the San Joaquin parcel. This zoning translation problem has also been an issue in other Town of Marana annexations, and sometimes acts as a deterrent to annexation. To resolve the issue for the San Joaquin negotiations and for future similar annexation negotiations, Town staff has proposed a new Land Development Code amendment addressing Conditional Uses Upon Annexation, which is a separate item on tonight's agenda. The San Joaquin agreement relies on the Conditional Uses Upon Annexation process to assure Regular Council Meeting - March 4, 2014 - Page 87 of 163 that the uses listed in paragraph 2 of the agreement are permitted on the property after annexation -- hotel and motel, auto parking lot, and temporary uses. The San Joaquin agreement is also a"retail development tax incentive agreement" under Arizona law -- it reimburses the developer out of retail sales tax generated from the property for public infrastructure costs incurred to serve the property. Financial Impact: The Town has hired consulting �rm Elliott D. Pollack & Company to undertake an economic analysis of the San Joaquin agreement, as required under state law, to con�rm Town staff s conclusion that the agreement will raise more revenue than the amount of the incentive given to the developer within the duration of the agreement. The Elliott D. Pollack & Company certi� cation memorandum is included in the backup materials. ATTAC H M E N TS : Name: Description: Type: � Ord 2014.007 approvinq the San Joaquin PADA (00036964).docx Ord 2014.007 Ordinance � Exh A AGT San Joaquin TPTI PADA with exhibits (00037111).pdf Exh A to ord 2014.007 Exhibit � RSO 20140226 Commission Reso re San Joaquin PADA Planning Commission Reso re San Joaquin PADA Backup Material (00037108).pdf � San Joaquin Pima County zoninq with staff revisions Pima County CB2 Zoning with Staff Mark-Ups Backup Material (00037074).pdf � MMO Elliott D. Pollack Co Certification San Joaquin Pollack and Co certification memo Backup Material (00037034).pdf Staff Recommendation: Staff recommends adoption of Ordinance 2014.007, approving the San Joaquin Pre-Annexation Development Agreement. Commission Recommendation - if applicable: This item was presented at the Planning Commission's February 26 meeting. The Planning Commission recommended approval by a vote of 6 to 0(Vice Chair Jakab absent). The Planning Commission adopted a formal resolution, as provided for in Marana Land Development Code section 04.05.03(G). A copy of the Planning Commission's resolution is included with the backup material for this item. Since the Commission's recommendation, Town staff has revised the San Joaquin PADA to add the legal description for the "Owner's Land" (see recital A and Exhibit B) and to remove the "DRAFT" watermark. Suggested Motion: I move to adopt Ordinance 2014.007, approving the San Joaquin Pre-Annexation Development Agreement. Regular Council Meeting - March 4, 2014 - Page 88 of 163 MARANA ORDINANCE NO. 2014.007 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE SAN JOAQUIN PRE-ANNEXATION DEVELOPMENT AGREEMENT FOR THE PROPERTY LOCATED ON THE NORTH SIDE OF TWIN PEAKS ROAD BETWEEN TIFFANY LOOP AND THE CASA GRANDE HIGHWAY (I-10) WHEREAS the Marana Town Council finds that the San Joaquin Pre-Annexation Development Agreement is consistent with the Marana General Plan, applicable specific plans, and relevant Town policies; and WHEREAS the Marana Town Council finds that the San Joaquin Pre-Annexation Development Agreement is in the best interest of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TO�JN OF MARANA, ARIZONA, AS FOLLOWS : SECTION approved in the Exhibit A. 1. The San Joaquin Pre-Annexation Development Agreement is hereby form attached to and incorporated by this reference in this ordinance as SECTION 2. The Mayor is hereby authorized and directed to execute the San Joaquin Pre-Annexation Development Agreement for and on behalf of the Town of Marana. SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. PAS SED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TO�JN OF MARANA, ARIZONA, this 4th day of March, 2014. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk Ordinance 2014.007 APPROVED AS TO FORM: Frank Cassidy, Town Attorney 2/11/2014 11:25 AM FJC Regular Council Meeting - March 4, 2014 - Page 89 of 163 SAN JOAQUIN PRE-ANNEXATION DEVELOPMENT AGREEMENT TOWN OF MARANA, ARIZONA THIS PRE-ANNEXATION DEVELOPMENT AGREEMENT �t�ils ��Agreement�� is made and entered into by and between the ToWN oF MARANA, an Arizona municipal corporation (the �� and SAN jOAQUIN LAND INVESTMENTS, L.L.C., an Arizona limited liability company (the "Owner"). The Town and the Owner are sometimes collectively referred to as the "Parties," either one of which is sometimes individually ref erred to as a"Par- ty " RECITALS A. The Owner is the current owner of a parcel of land located in an unincorporated island of Pima County, Arizona, at the northeast corner of the intersection of Twin Peaks Road and Tiffany Loop bearing Pima County Assessor's parcel number 226-15-015A and ref erred to in this Agreement as the "Owner's Land," depicted in Exhibit A and legally described in Exhibit B attached to and incorporated by this ref er- ence in this Agreement. B. The Owner's Land is zoned ��CB-2�� General Business (the ��EX1St111g Z011111g�� 111 Pima County, without conditions or restrictions C. Subject to the terms and conditions of this Agreement, the Owner seeks an ordi- nance annexing the Owner's Land into the Town's municipal limits. D. Upon such annexation, the Town will apply a Town of Marana zoning designa- tion to Owner's Land (the "Town Equivalent Zoning") that permits densities and uses no greater than those permitted by the Existing Zoning, consistent with the provisions of this Agreement. E. The Town's General Plan designates the anticipated f uture land use of the Own- er's Land as "Industrial," and some of the land in the vicinity of the Owner's Land is currently zoned f or industrial uses. F. Immediately east of and adjacent to the Owner's Land, the Town owns a remnant of land located in unincorporated Pima County, Arizona at the northwest corner of the intersection of Twin Peaks Road and Interstate 10, depicted in Exhibit A attached to and incorporated by this ref erence in this Agreement, and ref erred to in this Agreement as the "Town Remnant Parcel." G. The Town Remnant Parcel was part of a larger parcel of land bearing Pima Coun- ty Assessor's parcel number 226-15-0130, acquired by the Town f or the construction of {00029122.DOCX / 7} - 1- 2/26/2014 7:39 PM FJC Regular Council Meeting - March 4, 2014 - Page 90 of 163 the Twin Peaks Traffic Interchange project pursuant to the Intergovernmental Agree- ment between the State of Arizona and the Town dated August 1, 2007, JPA File No. 06-148 (the "Marana/ ADOT IGA"). H. The Marana/ ADOT IGA requires the Town to transf er to the Arizona Depart- ment of Transportation (ADOT) all highway right-of-way as designated in the Mara- na/ADOT IGA. I. The Town Remnant Parcel is the portion of Pima County Assessor's parcel num- ber 226-15-0130 remaining in the Town's ownership af ter transf er of highway right-of - way to ADOT pursuant to the Marana/ ADOT IGA. J. The Owner may seek to acquire the Town Remnant Parcel through a competitive public bidding process, and if so, may choose to include the Town Remnant Parcel in a single unif ied development with the Owner's Land. K. The Town desires to consider annexing the Owner's Land in accordance with ap- plicable law and the terms and conditions of this Agreement. L. The Parties neither desire nor intend f or this Agreement in any way to af f ect, hin- der, or interfere with the ability of the Town Council to approve or reject the ordinance to annex the Owner's Land. M. The Parties anticipate that the Owner will develop the Owner's Land and, if ap- plicable, the Town Remnant Parcel into a single unif ied development project containing one or more hotels, retail uses, f ast f ood f acilities, restaurants, appropriate signage and any other uses consistent with the Town Equivalent Zoning and this Agreement (the "Development"). N. The Town and the Owner desire to establish certain agreements regarding the Development pursuant to A.R.S. � 9-500.05 and certain agreements in connection with development activities for the economic benefit of the Town pursuant to A.R.S. � 9-500.11 upon and in accordance with the terms and conditions set f orth in this Agreement. O. The Development is consistent with the Town's long-term economic develop- ment strategies and is expected to create a source of signif icant tax revenue f or the Town for many years. P. 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. Q. The Development is in compliance with the Town's adopted and approved Gen- eral Plan (as def ined in A. R.S. � 9-461) . R. 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 located or to be located within the Town to f acilitate development of the property by {00029122.DOCX / 7} - 2- 2/26/2014 7:39 PM FJC Regular Council Meeting - March 4, 2014 - Page 91 of 163 providing f or, among other things, the conditions, terms, restrictions, and requirements f or development and public inf rastructure and the f inancing of public inf rastructure. S. In approving this Agreement, the Town Council has f ound 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 f or 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. T. The Town adopted a notice of intent to enter into this Agreement not less than 14 days bef ore the Town Council approved this Agreement, in compliance with A.R.S. � 9-500.11. U. The Town Council f inds that the Development will raise more revenue f or the Town than the amount of the reimbursements to the Owner within the duration of this Agreement. V. An independent third party not f inanced by the Owner has verif ied (the "Eco- nomic Impact Verif ication" ) the Town Council's f inding that the Development will raise more revenue f or the Town than the amount of the reimbursements to the Owner with- in the duration of this Agreement. W. The Town Council f inds 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. X. The Owner will incur out-of-pocket public infrastructure construction costs and will make certain contributions f or public inf rastructure in the immediate vicinity of and directly benefiting the Development. Y. 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 and related interest and carrying costs, as described more specif ically in this Agreement. AGREEMENT NoW THEREFORE, in consideration of the f oregoing recitals, which are incorporated into this Agreement as though f ully restated here, and the mutual covenants set f orth in this Agreement, the Parties hereby agree as follows: 1. Initiation of annexation process. Upon the Owner's request, the Town agrees to initi- ate proceedings to annex the Owner's Land and any other adjacent unincorporated lands the Town chooses to include into the Town's municipal limits, by recording a blank annexation petition, scheduling a public hearing on the annexation, and taking the other steps required by A.R.S. � 9-471. This Agreement automatically terminates on {00029122.DOCX / 7} - 3- 2/26/2014 7:39 PM FJC Regular Council Meeting - March 4, 2014 - Page 92 of 163 the f irst anniversary of the Town Council's adoption of the resolution approving this Agreement if by that time the Owner has f ailed to request the Town to initiate proceed- ings to annex the Owner's Land. This Agreement automatically terminates on the f if th anniversary of the Town Council's adoption of the resolution approving this Agreement if by that time this Agreement has not become operative (see paragraph 5 below). 2. Annexation ordinance consideration and adoption. The ordinance to annex the Own- er's Land shall not be scheduled on the Town Council's agenda for consideration of adoption until the Town has provided Owner with a copy of the Economic Impact Verif ication and the Owner has signed the annexation petition necessary f or the consid- eration of the annexation ordinance (the "Annexation Ordinance"). When the Annexa- tion Ordinance is introduced f or consideration by the Town Council, it will include a provision adopting an initial Town zoning classif ication of VC Village Commercial f or the Owner's Land. VC Village Commercial allows uses and densities no greater than those permitted in Pima County, as provided in A.R.S. � 9-471(L). In addition to the VC Village Commercial uses, the Annexation Ordinance will include "Conditional Uses Upon Annexation" permitted by the Town Council pursuant to Marana Land Devel- opment Code section 10.10, paragraph P, allowing certain specif ic uses and densities that exceed what is allowed in Town of Marana VC Village Commercial but that are permitted under the Pima County CB-2 zoning as it now applies to the Owner's Land. At a minimum, these "Conditional Uses Upon Annexation" shall include the f ollowing: (A) Motel or hotel, together with the f ollowing accessory uses located on the premises and having no exterior entrance closer than one hundred f eet to a public street: (i) Retail shops, (ii) Personal services, �111� ReCY'eat1011a1 f aC111t1eS, (iv) Restaurant, (v) Beverage service (B) Auto parking lot (within or without a building) shall be permitted as an ac- cessory use to a hotel or other permitted use, subject to compliance with all applica- ble landscaping, bufferyard, and off-street parking and loading requirements set f orth in the Marana Land Development Code. (C) Temporary uses of no longer than f ive years' duration may be permitted up- on receiving a Conditional Use Permit under Section 10.10 of the Marana Land De- velopment Code and in compliance with any requirements imposed as a condition of the Conditional Use Permit. 3. Owner's withdrawal from annexation. The Owner may withdraw from the annexa- tion at any time prior to the Town Council's adoption of the annexation ordinance. If {00029122.DOCX / 7} - 4- 2/26/2014 7:39 PM FJC Regular Council Meeting - March 4, 2014 - Page 93 of 163 not timely rescinded by the Town Council or challenged by ref erendum, the annexation ordinance shall become ef f ective 30 calendar days af ter its adoption by the Town Coun- cil in accordance with A.R.S. � 9-471. If there is sufficient time before the annexation ordinance becomes effective to satisfy legal notice requirements, the Town Council shall (by motion for reconsideration or other appropriate means) rescind the annexation ordinance if (a) the annexation ordinance is challenged by reconsideration or ref eren- dum and (b) the Owner requests that the annexation ordinance be rescinded. 4. No requirement to proceed. Nothing in this Agreement shall require the Owner to proceed with the annexation, or the development of the Owner's Land. 5. Term. This Agreement shall become effective as of the effective date of the resolu- tion of the Town Council approving the mutually executed Agreement (the "Effective Date"), and shall become operative on the effective date of the Annexation Ordinance. The term of this Agreement shall begin on the Effective Date and, unless sooner termi- nated by the mutual consent of the Parties or automatically terminated pursuant to paragraph 1 above, or as otherwise provided herein, shall automatically terminate and shall thereaf ter be void f or all purposes on the earlier of (a) the 21 st anniversary of the f irst reimbursement payment (see paragraph 17 below) or (b) the 24� anniversary of the Effective Date. 6. Proposed uses. The Development is a retail center planned to accommodate a range of differing but complementary retail-related land uses on an integrated and master- planned basis. Overall, the Development is expected to create substantial additional sales tax revenues for the Town, assist in the creation or retention of jobs and otherwise improve or enhance the economic welf are of the residents of the Town by bringing customers to the Development from the Town and surrounding communities. 7. Definitions. The 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 of the Marana Tax Code from construction contracting or speculative builder activities occurring as part of the Development. (B) The "Development" is def ined in recital M above and described in para- graph 6 above. (C) "Development Regulations" is def ined in paragraph 8 below. (D) "Interest" or "Interest Rate" means interest on the applicable obligation or sum (including the Total Reimbursement Amount) at the rate of 4.0 % per annum, compounded quarterly on the f irst day of each calendar quarter. (E) The "Owner's Land" is def ined in recital A above. (F) " Public Improvements" means the f ollowing types of public inf rastructure serving the Development: {00029122.DOCX / 7} - J� - 2/26/2014 7:39 PM FJC Regular Council Meeting - March 4, 2014 - Page 94 of 163 (i) Public sewer improvements. (ii) Public water improvements. �111 Public transportation improvements. (iv) Public drainage improvements. (G) "Public Improvement Costs" means all costs, expenses, f ees, transaction priv- ilege taxes and charges actually incurred and paid by or on behalf of the Owner to contractors, architects, engineers, surveyors, governmental agencies, other prof es- sionals and consultants, and other third parties f or materials, labor, planning, de- sign, engineering, surveying, site excavation and preparation, governmental permits and payments, payment and perf ormance bonds, other prof essional services, and all other costs and expenses related or incidental to and reasonably necessary f or, the acquisition, improvement, construction, installation, or provision of the Public Im- provements, 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 Im- provements are to be constructed, with Interest as provided in this Agreement. (H) "Reimbursement Account" means a separate account within the Town's General Fund or accounted for by an appropriate book or ledger entry designation f or the purpose of making Reimbursement Payments (see paragraph 17 below) (I) "Reimbursement Payments" is def ined in paragraph 17 below. (J) "Sales Tax Revenues" means that portion of the Town's transaction privilege taxes (currently 2%) generated f rom the f ollowing 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. �111 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. 8. Development regulations. The Marana Development Code, including the written rules, regulations, 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 conf lict, the Marana Development Code shall control over the terms of this Agreement. Notwithstanding anything in this Agreement, {00029122.DOCX / 7} - 6- 2/26/2014 7:39 PM FJC Regular Council Meeting - March 4, 2014 - Page 95 of 163 or the Marana Development Code to the contrary, no f uture ordinance, rule, regulation, standard or policy adopted by the Town shall apply to any development occurring on the Owner's Land during the period ending on the f if th anniversary of the Ef f ective Date unless: (A) The future rule or regulation has been enacted by the Town to comply with state or f ederal laws and regulations, provided that in the event the new rule or reg- ulation prevents or precludes compliance with this Agreement, such provision of this Agreement shall be modif ied as necessary in order to comply with the new rule or regulation; or (B) The f uture rule or regulation has been enacted by the Town to address a legit- imate health or saf ety issue and the implementation of such rule or regulation will not adversely affect the development and use of the Owner's Land. 9. 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 f or 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 f or the Development as may be requested by the Owner. Notwithstanding anything herein to the contrary, the Town acknowledges that the Owner has heretof ore provided the Town with (i) that letter decision from Suzanne Shields, P.E., Director and Chief Engineer of the Pima County Regional Flood Control District dated October 6, 2010 determining that Owner's Land is not subject to Important Riparian Areas and riparian habitat, and (11) that correspondence from Bill Zimmerman, Manager, Planning and Development Division of the Pima County Regional Flood Control District dated Au- gust 24, 2010 waiving detention/ retention requirements under the Pima County Code with respect to the development of Owner's Land (collectively, the "PCRFCD Determi- nations") and the Town acknowledges and agrees that the PCRFCD Determinations are suf f icient to satisf y any similar riparian and detention/ retention requirements under the Town's current Development Regulations as of the Effective Date. 10. Phasing. Owner shall be entitled to determine the development phases f or the Property and the order in which the phases will be completed. Owner shall also be entitled to determine the timing for the design, construction and installation of the Public Improvements, in accordance with the terms and conditions of this Agreement, subject to the Town's customary development requirements regarding development of other property located within the Town. 11. Public improvements construction and reimbursement. As a condition precedent to receiving Reimbursement Payments under paragraph 17 of this Agreement, and not as a separate contractual obligation, the Owner shall, in conjunction with its construction {00029122.DOCX / 7} - 7- 2/26/2014 7:39 PM FJC Regular Council Meeting - March 4, 2014 - Page 96 of 163 of the Development and in accordance with Arizona Revised Statutes Title 34 pertain- ing to public inf rastructure construction procurement laws and procedures: (A) Design and construct the Public Improvements; and (B) Pay all Public Improvement Costs as they become due. 12. Use of Town easements and rights-of-way; right-of-way use permits. Owner and its agents shall have the right to enter, remain upon and cross over any Town easement or right-of-way to the extent reasonably necessary to design, construct or install the Public Improvements, provided that with alternative construction access as approved by Town, Owner's use does not unreasonably impede Town's use and enjoyment of the subject property; and provided that Owner shall obtain any required permit for the use of such easement or right-of-way, as required by Town, and provided also that the Owner obtaining such permit shall restore such easement or right-of-way to substantial- ly the same condition as existed prior to Owner's entry. 13. Water service. The Owner's Land is within a geographic area where water service will be available from the Town upon annexation and installation of necessary water infrastructure. Upon annexation and installation of necessary water infrastructure, the Town shall provide water service to the Owner's Land. 14. Reimbursement amount. The Town shall make Reimbursement Payments to the Owner f or: (A) The Owner's Public Improvement Costs. (B) Interest shall accrue on any unreimbursed portion of the Owner's Public Im- provement Costs at the Interest Rate f rom and af ter the later of (i) the commence- ment of construction of the Public Improvements and (11) the f irst deposit of Sales Tax Revenues into the Reimbursement Account (see paragraph 15 below). This ac- crued interest on the Owner's Public Improvement Costs shall be a portion of the Reimbursement Payments in paragraph 17 below. The Owner shall submit to the Town a quarterly statement showing the actual construction costs incurred and con- tributions paid to date f or the Public Improvements. The Owner shall provide the Town with invoices or other backup inf ormation reasonably requested by the Town to confirm the accuracy of the Owner's quarterly statement of costs and contribu- tions. 15. Reimbursement account. The Town shall deposit into the Reimbursement Account 45 % of the Sales Tax Revenues (see paragraph 7(J) above) as they are received f rom the Arizona Department of Revenue, beginning with the f irst such revenues generated f rom the Development and ending upon the expiration of this Agreement. Funds in the Re- imbursement Account shall be reimbursed to the Owner pursuant to paragraph 17 below. {00029122.DOCX / 7} - g- 2/26/2014 7:39 PM FJC Regular Council Meeting - March 4, 2014 - Page 97 of 163 16. 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 7(A) above) . 17. 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 f irst calendar quarter af ter the Town's receipt of Sales Tax Revenues (see paragraph 7(J) 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 af ter the expira- tion of this Agreement. 18. Owner audit. Not more than once each calendar year, the Owner may, at its own cost, audit Town sales tax returns and other appropriate f inancial 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 inf ormation. Bef ore the Owner audit occurs, the Owner shall obtain and provide to the Town written waivers of confidentiality suffi- cient to satisf y the requirements of Arizona Revised Statutes � 42-2003 (A) (6) f rom each taxpayer whose sales tax returns and other f inancial records are provided by the Town in connection with the audit 19. Annual report. Within 45 days f ollowing the end of each Town f iscal 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 inf ormation 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 inf ormation. The report will not contain inf ormation capable of identif ying conf idential inf ormation of any particular taxpayer unless and until the Owner has obtained and provided to the Town written waivers of conf identiality suf f icient to satisf y the re- quirements of Arizona Revised Statutes � 42-2003 (A) (6) f rom each taxpayer whose conf idential inf ormation is revealed in the report. 20. 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. 21. 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 f or all their locations in the Town, rather than separately f or each location, the Owner shall request each such business to separately report transaction privilege taxes {00029122.DOCX / 7} - 9- 2/26/2014 7:39 PM FJC Regular Council Meeting - March 4, 2014 - Page 98 of 163 f or 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 inf ormation in a f orm 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 inf ormation available to the Town, including inf ormation provided by the Owner, and the good f aith certif ication by the Town's Finance Director shall be considered f inal and binding upon the Owner. The f inal certif ication 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 inf ormation. 22. 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 Town's normal plan submittal, review and approval procedures and construction in- spection requirements. The Town acknowledges that timely reviews, inspections and approvals by the Town are necessary to effectuate the development of the Owner's Land. The Town agrees to use its reasonable best efforts to promptly initiate all review, inspection and approval processes in accordance with the Town's adopted regulations. Additionally, the Town may retain independent consultants, reviewers, inspectors and advisors at Owner's request in order to efficiently continue the review, inspection and approval process. The Owner shall pay all costs incurred by the Town f or any private, independent consultants, reviewers, inspectors and advisors retained by the Town, at Owner's request, f or assistance in the review, inspection and approval process, and such consultants, reviewers, inspectors and advisors shall take instruction from, be controlled by and be responsible to the Town, not the Owner. 23. Development impact fees. Nothing in this Agreement shall be construed as a waiver or reduction of development impact f ees properly adopted by the Town pursuant to A.R.S. � 9-463.05 and applicable to the Development. 24. Proposition 207 Waiver. On or before the Annexation Ordinance is placed on the Town Council's agenda for consideration of adoption, the Owner shall provide to the Town a completed "Proposition 207 Waiver" applicable to the Annexation Ordinance in f orm acceptable to the Town Attorney. The Town will record the Proposition 207 Waiv- er in the of f ice of the Pima County Recorder af ter the Town Council adopts the Annexa- tion Ordinance. The Proposition 207 Waiver will not be recorded and will be void and of no effect if the Annexation Ordinance is not adopted. If the Annexation Ordinance is rescinded, repealed or otherwise of no ef f ect, the Parties shall take such steps as are required to release or rescind the Proposition 207 Waiver. 25. Cooperation and alternative dispute resolution. (A) Appoi n tmen t o f represen ta tives . To f urther the c ommitment of the Parties to c o- 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- {00029122.DOCX / 7} - 1� - 2/26/2014 7:39 PM FJC Regular Council Meeting - March 4, 2014 - Page 99 of 163 ious departments and the Owner. The initial representative f or the Town (the "Town Representative") shall be the Town Manager, and the initial representative for the Owner shall be Eddie Leon or a replacement to be selected by the Owner. The repre- sentatives shall be available at all reasonable times to discuss and review the per- f ormance 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 26 below to the Non- Perf orming Party, which notice shall state the nature of the non-perf ormance claimed and make demand that such non-perf ormance be corrected. The Non- Perf orming Party shall then have (i) 20 days f rom the date of the notice within which to correct the non-perf ormance if it can reasonably be corrected by the payment of money, or (ii) 30 days f rom the date of the notice to cure the non-perf ormance if ac- tion other than the payment of money is reasonably required, or if the non-monetary non-perf ormance 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-perf ormance is not cured within the applicable time period set f orth in this paragraph, then the Demanding Party shall be entitled to begin the mediation and arbitration proceedings set f orth in this paragraph 25. 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 specif ic per- f ormance will likely be appropriate f or the non-perf ormance 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 the 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 thereaf ter the Town and the Owner shall request the presiding judge of the Superior Court in and f or the County of Pi- ma, State of Arizona, to appoint an independent mediator. The mediator selected shall have at least f ive 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 {00029122.DOCX / 7} - 11 - 2/26/2014 7:39 PM FJC Regular Council Meeting - March 4, 2014 - Page 100 of 163 on the Parties, and any Party shall be f ree to initiate arbitration af ter the moratori- um. (D) Arbitration. After mediation, as provided for in this paragraph 25, 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. 26. Notices. All notices, requests and other communications under this Agreement shall be given in writing and either (i) personally served on the party to whom it is given, or (ii) mailed by registered or certif ied mail, postage prepaid, return receipt re- quested, or �111 sent by private overnight courier such as Federal Express or Airborne, or (iv) transmitted by f acsimile (provided that a conf irming copy of the f acsimile 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, AZ 85653-7006 Phone: (520) 382-1900 Facsimile: (520) 382-1901 If to the OWNER: SAN JOAQUIN LAND INVESTMENTS, L.L.C. P.O. Box 795 Sells, AZ 85634 Attention: Richard L. Grijalva, Manager Phone: (520) 383-2900 Facsimile: (520) 383-2652 E-Mail: rgrijalva@toua.net WITH A COPY TO: QUARLES � BRADY LLP 1 S. Church Avenue, Suite 1700 Tucson, AZ 85701 Attention: Troy M. Hoch, Esq. Phone: (520) 770-8714 Facsimile: (520) 770-2226 E-Mail: troy.hoch@quarles.com {00029122.DOCX / 7} - 12 - 2/26/2014 7:39 PM FJC Regular Council Meeting - March 4, 2014 - Page 101 of 163 Eddie Leon 3504 E. Calle del Prado, Tucson Tucson, Arizona 85716 Phone: (520) 907-2498 E-Mail: ealeon@prodigy.net All notices shall be deemed given when delivered or transmitted by f acsimile 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 f or 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 ref usal to accept any notice, shall be deemed to be the ef f ective receipt of the notice as of the date of such inability to deliver or rejection or refusal to accept. 27. Miscellaneous. (A) This Agreement may not be modif ied 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 enf orce 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 f or this purpose the Parties expressly and irrevocably consent to the jurisdiction of the Pima County Superior Court. (D) If either of the Parties f ails to perf orm any of its obligations under this Agreement or if a dispute arises concerning the meaning or interpretation of any provision of this Agreement, the def aulting 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 enf orcing or establishing its rights under this Agreement, including, without limitation, court costs and reasonable attorneys' fees. (E) This Agreement may be executed in multiple counterparts, each of which shall, f or 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. {00029122.DOCX / 7} - 13 - 2/26/2014 7:39 PM FJC Regular Council Meeting - March 4, 2014 - Page 102 of 163 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the last date set forth below their respective signatures. THE �� TOWN�� : The �� OWNER�� : TOWN OF MARANA, an Arizona SAN JOAQUIN LAND INVESTMENTS, L.L.C., municipal corporation an Arizona limited liability company By• Ed Honea, Mayor Date: By• . Richard L. Grijalva, Member Man- ager Date: ATTEST: Jocelyn C. Bronson, Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney STATE OF ARIZONA � � SS County of Pima ) The f oregoing instrument was acknowledged bef ore me on by Richard L . Grijalva, Member Manager of SAN jOAQUIN LAND INVESTMENTS, L.L.C., an Arizona limited liability company, on behalf of the LLC. (Seal) Notary Public EXHIBITS Exhibit A Depiction of the "Owner's Land" and the "Town Remnant Parcel" Exhibit B Legal description of the "Owner's Land" {00029122.DOCX / 7} - 14 - 2/26/2014 7:39 PM FJC Regular Council Meeting - March 4, 2014 - Page 103 of 163 N � � W � E Data Disclaimer. The Town of Marana provides this map information "As Is" � ' ' $ at the request of the user with the understanding that it is not guaranteed to be accurate, correct or complete and conclusions drawn from such information are the responsibilit the user. n no ev shall The Tow rana b oome liabletousersofthe ��e� a,��'o ��g - March 4, 2014 - Page 104 f 6 0 250 500 special, incidental or conse ential damages, including but not limited �(� �A N J OAQ U I N PA DA Feet to time, money or goodwill, arising from the use or modification of the data U:1Town AttorneylSan Joaquin PADA.mxd JPC EXHIBIT B TO SAN JOAQUIN PRE-ANNEXATION DEVELOPMENT AGREEMENT � f . t {� ��i •ff: iN4. . � 4 � : i � � P Y A Y .�J � � �' i . .� .?... � : 4�11� �. �? '2 •:f:� � J'%Y�C,t �1'�?��/'i:.;in' �3 F ' � ' ..<�' r�i'v� : fi..:::' �. a-...; o.�: ;.E. F S � �� ::�e. � �[: "fi .. .,}.:.Cl.:'. 1 �.,.... , •�' '��' .�. �� ", �,�: •� : �2..'� s`•'r.�'` �� .`i�; : `a � i: y�^.� :y;•. f s:: . . 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'� .�Yi.S� �C �� -�� .�� +�w�� '� ��+� ��'��.�.�'�i� �i+�M �� .�� '� :�� ..Y� �� .�� .��.� ��.� ��.� ��, �� "�� `�� ' �'�� L.�.�� `�� 4,��.�L� �� :i �� ,:d�� $ �� ."�� /"'�� '""�� f �� t �"'�� . �� '�� ►�» � E �� .�. � ��✓�� "'�� ! ��'�� +�� L,.�� .�..*�� .��, �� . ��.�� :�. ��.��"�� .x��. �� _ �� '� ��.�� "'�.� �� `"�� ,�� ..��"'�� "4�"'1.�� .�"�. t ��. �� I �""�� ..�� +iJ��,'� �.�� 1 f ��.►.�� i �..,�� s.�. 1`"'�.�� ..l�� t �� .1,.�� # '�'�� 'S, f � �'+...j �� 3 �� w�..�� '�� l�� '�� +�.'�i�� 1�.� ��+�+�5�� l�� f 7�� .�� i 7�� r.� i � �� .r. ��w�� .��! �� ..�...�� E ��w �°v� ��'� �.�� # �Y 1.� i ►�. ��a�� ...�rw�� ..�� ..�w ��e�ir �� i � i Y A�i ��Y� �� .�� x ��.r�� i�� w�� '� � .�i.. F �r..��.,.? � �3 E�� 1 �� .�tis �� 1.�� l X� �� 7+.+i'��a� � 'A� �i 'f�.�� v. �� .�� '"`�� "'�' �� t � ��:� � �� "„��. �� I �"� �� t�� J �� "'��'�� +�� "��, ! f"'�� .�1�� 3�� ,.�� +��i� �� 91�1� �� ""�� ""�� "'�� :�� 7�� .w�� .�. � �� +�� .��, �� "'�� "1�� :.,. ��+�,:��,�� ,d'"'�� f�a�� ! � �� _ �� .�� .l'�� #�� ' �� t [ �"� �� .�� t �� t�� .�� i.� � ��"'�� . �� ,�k�l�.,�� .�J � �`�� !f �. ��'�' � �.d �� y �� .�w�'ie.3�. ��d �� 4�� ..�� 3��.� ��t �'o�� I..o��1 �oa� � ��t� � � I � `�'a��vn � :°�.��c�r�� « ��`� � � � ��£�� t�� t 4t�� 1��:�. ��?(�;� �?��69�� w°v�n�.r�c'��n�i��ri��.c�� Regular Council Meeting - March 4, 2014 - Page 105 of 163 ■ �. � � '�� • � � �� EXHIBIT B TO SAN JOAQUIN PRE-ANNEXATION DEVELOPMENT AGREEMENT . . � - :,�'�� .Y,� . :� ' :'c "�'� -i7- �.�µ:r�� s�� . � ;c�r _� _r.v � ' �< : {' $ ��.. � ; � �- -; s � VI w �•w � � � � - e ' � ' •F,-�; �� -- � i�� ry -. �.4 �?; i ;' �t �s i'I• ; '.L��rr { _ �'N�!� f -� � ' � � �i �� _ _ � � ■ � � �� ■ � ■ ■ . �`� ■ w � � � � � � � � � r � . � i � �� ■�1 � Regular Council Meeting - March 4, 2014 - Page 106 of 163 1VIARANA PLANNIN� CC)MNIIS�I�]N I�ES�LI.T'T`I�l�T N�. ��14��1 A RES�LUT��N UF TH� T�WN �F MARANA PLANN�N� C�MMZSS��N, MAK.II�� A WRITTEN REPC]RT AND R��VIM�NI�ATI�N T� TI-3� MARANA T��VN ��tJN�I� ��N�ERNINC THE �'R��'C�SED SAN J�A�UIN PREwANNE�AT��N DEVEL�P�VIENT A�REEM�NT FC�R TI-�� PR.�P�RTY L��AT�I� �N TI-3� ��RTH S ID� �T T�IN P�AKS R�AI] BET�V�EN �I�IFFANY L��P AND THE �ASA ��..AN�E ��i�G�-�WAY �I� 1�}, MAI�IN� FINDIN�S IN ��NECTI�N WITH TI I� �'LANNIN� ��MMISSI��' S I�E�ISI�N AND R��MMENDATI�N, AND AUTH�RIZIN� THE ��-IAIR T� P�ESENT THE PLANN�N� C�MMISSI�N'S F`INDIN�S AND RE��MM�NDATIC�N� T� TI-3� T�WN ��IJN�IL A. R�port. The Marana Planning �omm��s�on hereby repor�s to the Marana Town C�unc��, as fo��o�vs: �. The San Joaqu�zz Pre�Annexati�n Develapm�.ent A�reerr�en.t �r�fe�•red t� �n t��s resalutian as t�e "San Joaqurn PAI�A"} was braught for considerat��n before �:he �arana �'�ann�ng �omm�ss��n at its regular m.eetin� on February ��, 2D14. �. The a�enda mater�a�s f.�r t�.e Februa�•y �d �I�I�.r�.na �'�ann�ng �omrn��ss�on regula�• meeting included ihe fo��v��ng: a. A draft �f. the �roposed San Joaquin PADA ident��ed by the nurn.ber "4��912�.D��1�" and "�131�� 4� 0:29 AM FJ�" �n the faoter. b. A staff �epor•� prov�ding a sumrn.ary of �ey te�m.s and pr�vis�ons of th� San J�aquin PADA, an overview of the key on�oing San �oaquin PADA neg�tiat�ng points, and an e�pla�.ation �f the P�ann�r�g �arnnl�ssi�n's ro�e �n revxe�r�n� and mak�ng a recommendatiar� �or�c�rn�n� the proposed San Joaqu�n PAI�A. �. A staff-prepared dra�'t of Marana Plann�ng �omrn�ssion Res�lu��an No. ��14��. 3. The Marana P�ann�ng �am.�missi�n held a public hearin�; o� the pro�osed San Joaquin PADA, whe� e r�presenta��ves of the property o pr�v�ded camm.ents and feedback re�aiir�� to the pz•opo�ed San Joaqu�n PAI�A. �3. .F�ndings. Based on �he docunlen�s provided in the record, the staff report, and the pub�ic iestimony, the Marana Plannin�; �omm�ss�on makes the fo��c�v�r�ng f�nd�ngs: I. Zryhe praposed San. Jaaquin PADA �v�� pramote and facilltate arderly and planned deve�opnlent of ��•operty �oc�.ted on the nort��. side of Tw�n Peaks Raad between Tiffany Loop and th� �a.sa �rande �-�i�hwa� ��1�} ��1 a portion of the ��o�•�h�est quarter of Secti�n 22, Town�hip 1� Sauth, R.an�e � 2�ast. � 0003�� .�oc� �� I 21141�4 � 4 1 I:4� AM � �.�� Regular Council Meeting - March 4, 2014 - Page 107 of 163 ..f.�5'C, '�• ��' - - i ��• - z - 4 . _ � 1 ,�. . �.� °'' � K`�F r ��,"`.:" `r 1� ��- -� •� ..E ./� ,� y� .��• "i• " '�� - '� -: ir�"5 - - �.'A:�� .�� .,�,• yy 4 (� �si•� a h .ta 6 �� P- iI �'� n, �� .f� .i �' ,. z : �. "i. •� l ' �7� � 11� '. `tl . ` �/'� . I - r .II ' �i + :k . !. . �. .�i � � �,, •� � i7 � I'1 � ' l. ! � 4 � � '2•: f. �a d Ri i � `� k .� 1 ,: ^{ ' ..l' �i �' � il 1 � i �'a� "J�� Sa h•'� . sY. • . � J'V !n '.'�:' r , � ., �i � � . ij� : ' •��-.. , � n , !4 ' t _� �; ,,, _ }., [ � y � }'•-� '!'+[i." �I?'7 h ? �Y� � �': ':�' 0.' .�^ . � 4�_! 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Ir ��T ��'. �.:�� j• ph'{r y � �e�,�.:rti?a' � icz � . �;� � ? i1r�k7.�f �:.Il �.-�� ■: .�'� r�.��n Chapter 18.45 CB-2 GENERAL BUSINESS ZONE Sections: 18.45.010 Pur ose. 18.45.020 Performance standards. 18.45.030 Permitted uses. 18.45.040 Conditional uses. 18.45.050 Development standards Nonresidential. 18.45.060 Development standards Residential. 18.45.070 Development standards Accessory buildinqs and accessory structures. 18.45.080 Lot develo ment option. 18.45.010 P u rpose. Reserved. 18.45.020 Performance standards. Reserved. 18.45.030 Permitted uses. A. Any uses as permitted in Section 18.31.010 (TR Transitional Zone) and in Section 18.43.030 (CB-1 Local Business Zone) excluding single family detached dwelling units unless either: 1. On property zoned CB-2 prior to November 23, 2004; 2. On property conditionally approved for CB-2 zoning prior to November 23, 2004; or 3. As part of a mixed residential, non-residential development on one site. B. Additional uses: 1. Advertising sign or structure: In accordance with Chapter 18.79 (Sign Standards); 2. Ambulance service; 3. Amusement or recreational enterprise (within a completely enclosed structure), including: a. Billiard or pool hall, b. Bowling alley, c. Dance hall, d. Gymnasium, e. Penny arcade or shooting gallery, f. Skating rink, Regular Council M�� C��Y C�;� �Ib�I��AFF MARK-UPS RE SAN JOAQUIN PROPERTY, PAGE 1 OF 25 g. Sports arena; 4. Amusement or recreational enterprise (outdoor), including: a. Archery range, b. Miniature golf or practice driving or putting range, c. Games of skill or science, d. Pony riding ring without stables, e. Swimming pool or commercial beach or bathhouse, f. Tennis court; g. Off-road veh icle faci I ity. 5. Auction: Public (no animals); 6. Auditorium or assembly hall; 7. Auto rental garage; 8. Auto repair: No body or fender work, painting or upholstery, except as incidental; 9. Bar; 10. Baths: Turkish, Swedish, steam, etc.; 11. Battery service: No body or fender work, painting or upholstery, except as incidental; 12. Billboard: In accordance with Chapter 18.79 (Sign Standards); 13. Blueprinting; 14. Boats: Storage or rental; 15. Cemetery or crematory; provided, that: a. Cemeteries for human remains shall be located on a site of not less than five acres, b. For animal pets not less than one acre, and c. No crematory be erected closer than five hundred feet from any boundary of said site adjoining property in a rural or residential zone; 16. Cleaning establishment: If: a. Only two clothes cleaning units of not more than forty pounds rated capacity, and b. Using cleaning fluid which is noninflammable and nonexplosive at temperatures below 138.5°F; 17. Club: Athletic, private, social, sport or recreational (operated for profit), except sports stadium or field; 18. Cocktaillounge; 19. Drive-in theater, provided: a. The face of any projection screen be not visible from any county road or any street or route shown on the major streets and scenic routes plan which is within five hundred feet of said screen, b. The site for said theater shall consist of not less than ten acres of land and be a single tract or parcel not intersected or divided by any street, alley or by property belonging to any other owners, Regular Council M�� C��Y C�;� 1�Ib�I��AFF MARK-UPS RE SAN JOAQUIN PROPERTY, PAGE 2 OF 25 c. Any lights used to illuminate the theater site shall be in accordance with the county outdoor lighting code (Title 15), d. The plans for said theater shall have been approved by the county traffic engineer, indicating no undue traffic congestion due to the location and arrangement of the theater, including the car rows and aisles and minimizing the danger of fire and panic, e. Acceleration and deceleration lanes shall be provided along the public thoroughfare adjacent to the entrance and exit of the theater, f. Parking space or storage lanes for patrons awaiting admission shall be provided on the site in an amount equal to not less than thirty percent of the vehicular capacity of the theater, g. Vehicular circulation shall be so designed and constructed as to permit only one-way traffic within the boundaries of the tract on which the theater is located, h. Emergency exists shall be provided, i. Sanitary facilities and the method of food handling shall be approved by the county health department, j. Definite plans for shrubbery and landscaping shall be presented to the zoning inspector and made a part of the permit, k. The nearest point of the theater property, including driveways and parking areas, shall be at least seven hundred fifty feet from the boundary of a district zoned for residential use, and I. All other conditions of the zone are fully observed; 20. Fair, carnival or tent show for not longer than fifteen days: If sufficient parking area for patrons is provided; 21. Fortune telling; 22. Garage: Public (for commercial use); 23. Gymnasium; 24. Handyman shop; 25. Industrial or trade school: Teaching operations or occupation permitted in this zone; 26. Jukebox or coin machine business: Limited to assembly, repair and servicing; 27. Kennels, provided no such building or structure be within one hundred feet of any boundary of said site abutting property in a rural or residential zone; 28. Large scale retail establishment: In accordance with Chapter 18.39 29. Laundry: Steam or wet-wash; 30. Lawn mower repairing; 31. Lumberyard, retail, provided no machinery is used other than a ripsaw and cut-off saw; 32. Massage establishment; 33. Mattress shop: For repairing only (no renovating); 34. Mechanical or steam washracks: No body or fender work, painting or upholstery, except as incidental; 35. Merchandise broker's display: Wholesale; 36. Motorcycle or motor scooter repair or storage; Regular Council M�� C��Y C�;� 1�1,Ib�I��AFF MARK-UPS RE SAN JOAQUIN PROPERTY, PAGE 3 OF 25 37. Mortuary or embalming establishment or school; 38. Nightclub; 39. Oxygen equipment: Rental or distribution; 40. Pawn shop; 41. Photostating; 42. Piano repairing; 43. Reserved; 44. Record recording studio or sound score production: No manufacturing or treatment of records; 45. Reducing salon; 46. Refrigeration installation or service; 47. School or college: Operated as a commercial enterprise, for dancing or musical instruction; 48. Sign painting shop; 49. Shopping center, regional: In accordance with Chapter 18.39 50. Shopping center, small: I n accordance with Chapter 18.39 51. Tave rn s; 52. Trade show, industrial show or exhibition; 53. Truck-trailer repair: In conjunction with a truck stop, on a state or federal highway only; 54. Upholstery shop; 55. Veterinary hospital, provided no such building or structure be within one hundred feet of any boundary of said site abutting property in a rural or residential zone. C. Sale, rental or display of: 1. Airplanes or parts; 2. Automobiles; 3. Barber's supplies or beauty shop equipment; 4. Butcher's supplies; 5. Clothing or accessories: Retail or wholesale; 6. Contractor's equipment or supplies; 7. Drugs or medical, dental or veterinary supplies: Retail or wholesale; 8. Farm equipment or machinery; 9. Feed: No wholesale; 10. Garage equipment; 11. Hardware; 12. Hotel equipment or supplies; 13. Household appliances, sewing machines, etc.: Retail or wholesale; 14. Machinery: Commercial and industrial; 15. Manufactured or mobile homes; Regular Council M�� C��Y C�;� 1�Ib�I��AFF MARK-UPS RE SAN JOAQUIN PROPERTY, PAGE 4 OF 25 16. Monuments or tombstones: No wholesale; 17. Office equipment: Sales, business machines, etc. (retail or wholesale); 18. Painting equipment or supplies: Paint, varnish, etc.; 19. Pets: No boarding or hospital; 20. Plastic or plastic products: Wholesale and assembly only; 21. Plumbing, heating and ventilating fixtures or supplies: Retail or wholesale; 22. Restaurant or soda fountain equipment or supplies; 23. Secondhand goods: Personal, furniture, books, magazines, automobiles, but no secondhand supplies; 24. Tents or awnings; 25. Trunks or luggage: Retail or wholesale; 26. Upholsterer's supplies: Retail or wholesale; 27. Venetian blinds: Retail or wholesale; 28. Window shades: Retail or wholesale. D. Light manufacturing or assembling incidental to retail sales from the premises; provided, that not more than twenty-five percent of the floor area occupied by such business is used for manufacturing, processing, assembling, treatment, installation and repair of products. E. Wholesaling of products permitted in Section 18.45.030C, unless specifically prohibited, with storage space not exceeding one thousand five hundred square feet of floor area. F. Self-storage facility subject to the following standards: 1. Single-story self-storage facilities, provided that: a. The maximum site be one hundred thirty thousand six hundred eighty square feet (three acres); b. All storage be in an enclosed building; c. The structure be one story with a maximum height of nineteen feet; d. All access lanes be of a paved or concrete surface; e. Landscaping, buffering and screening is provided in accordance with Chapter 18.73, Landscaping, Buffering and Screening Standards; and f. No activity occurs other than the loading and unloading of household and personal property. 2. Multi-story self storage facilities, provided that: a. Such use is a Type 1 conditional use subject to the issuance of a conditional use permit in accordance with the provisions of Chapter 18.97 b. The maximum site be one hundred thirty thousand six hundred eighty square feet (three acres); c. All storage be in an enclosed building; d. The structure be a single building, maximum of two stories (twenty-four feet in height); e. All access lanes be of a paved or concrete surface; Regular Council M�� C��Y C�;� 1�UIb�I��AFF MARK-UPS RE SAN JOAQUIN PROPERTY, PAGE 5 OF 25 f. Landscaping, buffering and screening is provided in accordance with Cha�ter 18.73, Landscaping, Buffering and Screening Standards; and g. No activity occurs other than the loading and unloading of household and personal property. G. Any of the following if conducted wholly within a completely enclosed building or within an area enclosed on all sides with a solid wall, compact evergreen hedge or uniformly painted board fence, not less than six feet in height: 1. Building material sales yard, including the sale of rock, sand, gravel and the like as an incidental part of the main business; 2. Contractor's equipment sales yard or plant; 3. Rental of equipment commonly used by contractors; 4. Retail lumberyard, including only incidental mill work; 5. Feed yard; 6. Public utility service yard; 7. Storage of operable automobiles, boats, motorcycles, recreational vehicles, and trucks and inhabitable manufactured or mobile homes, not intended for salvage. H. Body or fender work, painting or upholstery: When the site is located adjacent to or abutting a state or federal h ig hway but not extend ing more than six h u nd red feet therefrom; provided, that: 1. All body and fender work, painting and upholstering is performed in a completely enclosed building; 2. There is no open storage of parts, salvage materials, automobile bodies; 3. No storage of junk automobiles for salvage purposes and only automobiles parked on the premises may be those awaiting repairs. Said automobiles are to be parked in a neat and orderly manner, behind a solid wall or fence so that such automobiles will not be visible from surrounding properties or the highway; and 4. The permit for such use shall be revocable within thirty days on written notice from the zoning inspector when, in the opinion of the inspector, any one or all of the above requirements have not been complied with. I. Nonexpressed commercial uses: All commercial uses not expressly permitted in any other commercial zone and which are not otherwise unlawful, injurious to the general health or welfare, or specifically excluded. (Ord. 2011-2 § 12, 2011; Ord. 2009-59 § 5, 2009; Ord. 2005-85 § 6, 2005; Ord. 2005-1 § 6(part), 2005; Ord. 2001-165 § 1(part), 2001; Ord. 1997-40 § 6, 1997; Ord. 1997-28 § 3, 1997; Ord. 1996-58 § 4(part), 1996; Ord. 1994-114 § 4(part), 1994; Ord. 1989-96 § 1(part), 1989; Ord. 1987-187 § 1, 1987; Ord. 1985-187 § 1(part), 1985; Ord. 1985-171 § 1(part), 1985; Ord. 1985-82 (part), 1985) 18.45.040 Conditional uses. A. Fair, carnival, circus or tent show for longer than fifteen days; provided: 1. The same shall be conducted on a site of not less than ten acres; 2. The area occupied shall be paved or graveled to keep dust to a minimum; 3. A Type 2 conditional use permit with a hearing notification area of three hundred feet is obtained in accordance with Chapter 18.97 Regular Council M�� C��Y C�;� 1�Ib�I��AFF MARK-UPS RE SAN JOAQUIN PROPERTY, PAGE 6 OF 25 B. Swap meet: 1. The board of supervisors may issue a use permit for a swap meet after an advertised public hearing for which all property owners of record within one thousand feet have been notified; 2. Any use permit granted by the supervisors shall be subject to the following: a. That the sales or parking area be located no closer than three hundred feet to any exiting or conditionally approved residential zoning district and the use of this land must be outlined on the development plan, b. Adequate screening to be designated by the supervisors, c. That the performance standards of Section 18.49.020(A) (CPI Campus Park Industrial Zone) are met, d. Adequate parking to be provided according to standards set by the supervisors, e. The use permit shall describe and provide adequate traffic access to the swap meet by streets that are not residential, f. Selling area must be a dust-proof surface, g. Proof that the vendor holds a valid state sales tax permit, h. Overnight lodging shall not be allowed, and The county shall regulate the hours in which outdoor lighting may be used; and 3. The supervisors may impose any further reasonable conditions necessary to protect the health, safety or welfare of the public. C. Adult activities facility: Type III conditional use in accordance with Section 18.07.030(I). D. Medical marijuana dispensary: If the Arizona Revised Statutes are amended to allow medical marijuana dispensaries, as long as the law remains in full force and effect, a medical marijuana dispensary is permitted as a Type III conditional use subject to the following conditions: 1. Minimum notification area: The minimum notification area for a conditional use permit for a medical marijuana dispensary is two thousand six hundred forty feet. 2. Supplemental application: In addition to the application required by Chapter 18.97, an applicant for a conditional use permit for a medical marijuana dispensary must complete a supplemental application that includes all of the following information: a. If the application is by an agent for the owner the authorization must include an explicit acknowledgment from the owner that the owner knows that the proposed use of the property is as a medical marijuana dispensary. b. The legal name of the medical marijuana dispensary. c. The name address and date of birth of each principal officer and board member of the nonprofit medical marijuana dispensary and the name, address, and date of birth of each medical marijuana dispensary agent. d. A copy of the operating procedures adopted in compliance with A.R.S. Section 36- 2804(B)(1)(c). e. A notarized certification that none of the principal officers or board members has been convicted of one of the following offenses: i. A violent crime as defined in A.R.S. Section 13-901.03(B) that was classified as a felony in the jurisdiction where the person was convicted; Regular Council M�� C��Y C�;� 1�Ib�I��AFF MARK-UPS RE SAN JOAQUIN PROPERTY, PAGE 7 OF 25 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, incarceration 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. Section 36-2811 except that the conduct occurred before the effective date of that statute or was prosecuted by an authority other than the state of Arizona. f. A notarized certification that none of the principal officers or board members has served as a principal officer or board member for a registered nonprofit medical marijuana dispensary that has had its registration certificate revoked. g. A floor plan showing the location, dimensions and type of security measures demonstrating that the medical marijuana dispensary will meet the definition of enclosed locked facility contained in A. R.S. Section 36-2801(6). 3. Prohibited locations: A medical marijuana dispensary is not permitted in the gateway overlay zone, buffer overlay zone or a historic zone. 4. Community impacts: The board may not approve a medical marijuana dispensary at a site if substantial evidence is presented that locating the dispensary at the proposed site will negatively impact neighboring property values or if substantial evidence is presented that shows that locating the dispensary at the proposed site will create an unreasonable risk to the health, safety or general welfare in the area. 5. Development standards: a. A medical marijuana dispensary must be located in a permanent building and may not be located in a trailer, cargo container or motor vehicle. b. A medical marijuana dispensary shall be setback a minimum of two thousand feet from all other medical marijuana dispensaries measured from the parcel boundaries; c. A medical marijuana dispensary shall be setback a minimum of one thousand feet from a public, private, parochial, charter, dramatic, dancing, music, or other similar school or educational or activity facility where children may be enrolled, measured from the parcel boundaries. d. A medical marijuana dispensary shall be setback a minimum of one thousand feet from a public, private, parochial, or charter school bus stop. e. A medical marijuana dispensary shall be setback a minimum of one thousand feet from a childcare center, measured from the parcel boundaries. f. A medical marijuana dispensary shall be setback a minimum of one thousand feet from a library or public park. g. A medical marijuana dispensary shall be setback a minimum of one thousand feet from a church. h. A medical marijuana dispensary shall be setback a minimum of one thousand feet from a residential substance abuse diagnostic and treatment facility or other drug or alcohol rehabilitation facility. A medical marijuana dispensary may not have a drive-through service. A medical marijuana dispensary may not have outdoor seating areas. k. The maximum floor area of a medical marijuana dispensary is two thousand square feet. The secure storage area for the medical marijuana stored at the medical marijuana dispensary shall not exceed four hundred square feet. Regular Council M�� C��Y C�;� 1�Ib�I��AFF MARK-UPS RE SAN JOAQUIN PROPERTY, PAGE 8 OF 25 m. The permitted hours of operation of a medical marijuana dispensary are between the hours of nine a. m. and five p. m. 6. Permit conditions: The board may include any conditions it finds necessary to conserve and promote the public health, safety, convenience and general welfare. The board must include the following permit conditions for issuance of the conditional use permit for a medical marijuana dispensary: a. An expiration date for the conditional use permit that requires re-application or renewal of the permit after a specified period of time. b. A requirement that the medical marijuana dispensary meets security requirements adopted by the Arizona Department of Health Services. c. A requirement that the storage facilities for the medical marijuana stored or grown on site prevent the emission of dust, fumes, vapors or odors into the environment. d. A requirement that the owner secure a certification from the State Fire Marshall or from another acceptable entity responsible for fire safety in the area in which the medical marijuana dispensary is to be located stating that the structure complies with all fire code requirements and supply that certification to the development services department. e. A prohibition on the medical marijuana dispensary offering a service that provides offsite delivery of the medical marijuana. f. A requirement that the medical marijuana dispensary is prohibited from permitting anyone to consume marijuana on the premises. g. A requirement for a reasonable setback from a zoning district other than CB-2, CI-1, CI-2, and CI-3 or any existing, established, residential use in those zones. h. A requirement for a reasonable setback feet from a zoning district in a city or town other than classifications that permit densities and uses greater than or equal to those permitted CB-2, CI-1, CI-2, and CI-3. A requirement that the medical marijuana dispensary comply with applicable sections of Title 8 of the Pima County Code. 7. Enforcement: The provisions of this subsection may be enforced through the use of the civil penalty procedure provided for by Section 18.95.030 or by injunction or other civil proceeding as provided by A. R.S Section 11-808(H). Notwithstanding any other provision of this code, this subsection shall not be enforced under A. R.S Section 11-808(C) as a misdemeanor. 8. Fees: The fee for application and hearing is a combination of the existing fees for conditional use permit application filing fee, the site analysis submittal fee and the notice of public hearing fee included in the most current development services department fee schedule. E. Medical marijuana dispensary offsite cultivation location: If the Arizona Revised Statutes are amended to allow medical marijuana dispensary offsite cultivation locations, as long as the law remains in full force and effect, a medical marijuana dispensary offsite cultivation location is permitted as a Type III conditional use subject to the following conditions: 1. Minimum notification area: The minimum notification area for a conditional use permit for a medical marijuana dispensary is two thousand six hundred forty feet. 2. Supplemental application: In addition to the application required by Chapter 18.97, an applicant for a conditional use permit for a medical marijuana dispensary offsite cultivation location shall complete and application that includes all of the following information: a. If the application is by an agent for the owner the authorization must include an explicit acknowledgment from the owner that the owner knows that the proposed use of the property is as a medical marijuana dispensary offsite cultivation location. Regular Council M�� C��Y C�;� 1�Ib�I��AFF MARK-UPS RE SAN JOAQUIN PROPERTY, PAGE 9 OF 25 b. The legal name and address of the affiliated medical marijuana dispensary. c. The name address and date of birth of each principal officer and board member of the medical marijuana dispensary affiliated with the offsite cultivation location and the name, address, and date of birth of each medical marijuana dispensary agent. d. A copy of the operating procedures adopted in compliance with A.R.S. Section 36- 2804(B)(1)(c). e. A notarized certification that none of the principal officers or board members for the medical marijuana dispensary affiliated with the offsite cultivation location has been convicted of one of the following offenses: i. A violent crime as defined in A.R.S. Section 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, incarceration 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. Section 36-2811 except that the conduct occurred before the effective date of that statute or was prosecuted by an authority other than the state of Arizona. f. A notarized certification that none of the principal officers or board members for the medical marijuana dispensary affiliated with the offsite cultivation location has served as a principal officer or board member for a registered nonprofit medical marijuana dispensary that has had its registration certificate revoked. g. A floor plan showing the location, dimensions of and type of security measures demonstrating that the medical marijuana dispensary offsite cultivation location will meet the definition of enclosed locked facility contained in A. R.S. Section 36-2801(6). 3. Prohibited locations: A medical marijuana dispensary offsite cultivation location is not permitted in the gateway overlay zone, buffer overlay zone or a historic zone. 4. Community impacts: The board may not approve a medical marijuana dispensary offsite cultivation location at a location if substantial evidence is presented that locating the cultivation location at the proposed site will negatively impact neighboring property values or if substantial evidence is presented that shows that locating the cultivation location at the proposed site will create an unreasonable risk to the health, safety or general welfare in the area. 5. Development standards: a. A medical marijuana dispensary offsite cultivation location must be located in a permanent building and may not be located in a trailer, cargo container or motor vehicle. b. A medical marijuana dispensary offsite cultivation location shall be setback a minimum of two thousand feet from all medical marijuana dispensaries measured from the parcel boundary to the parcel boundary; c. A medical marijuana dispensary offsite cultivation location shall be setback a minimum of two thousand feet from all other medical marijuana dispensary offsite cultivation locations measured from the parcel boundaries; d. A medical marijuana dispensary offsite cultivation location shall be setback a minimum of one thousand feet from a public, private, parochial, charter, dramatic, dancing, music, or other similar school or educational or activity facility where children may be enrolled; e. A medical marijuana dispensary offsite cultivation location shall be setback a minimum of one thousand feet from a public, private, parochial, charter school bus stops. Regular Council M e��C(�!�T h Y 4 C�2��O��W�T� �T�4FF MARK-UPS RE SAN JOAQUIN PROPERTY, PAGE 10 OF 25 f. A medical marijuana dispensary offsite cultivation location shall be setback a minimum of one thousand feet from a childcare center. g. A medical marijuana dispensary offsite cultivation location shall be setback a minimum of one thousand feet from a library or public park. h. A medical marijuana dispensary offsite cultivation location shall be setback a minimum of one thousand feet from a church. A medical marijuana dispensary offsite cultivation location shall be setback a minimum of one thousand feet from a residential substance abuse diagnostic and treatment facility or other drug or alcohol rehabilitation facility. j. A medical marijuana dispensary offsite cultivation location may not have outdoor seating areas. k. The maximum floor area of a medical marijuana dispensary offsite cultivation location is two thousand square feet. The secure storage area for the medical marijuana stored at the medical marijuana dispensary offsite cultivation location shall not exceed one thousand square feet. 6. Permit conditions: The board may include any conditions it finds necessary to conserve and promote the public health, safety, convenience and general welfare. The board must include the following permit conditions for issuance of the conditional use permit for a medical marijuana dispensary offsite cultivation location: a. An expiration date for the conditional use permit that requires re-application or renewal of the permit after a specified period of time. b. A requirement that the medical marijuana dispensary offsite cultivation location meets security requirements adopted by the Arizona Department of Health Services. c. A requirement that the storage facilities for the medical marijuana stored or grown on site prevent the emission of dust, fumes, vapors or odors into the environment. d. A requirement that the owner secure a certification from the State Fire Marshall or from another acceptable entity responsible for fire safety in the area in which the medical marijuana dispensary offsite cultivation location is to be located stating that the structure complies with all fire code requirements and supply a copy of that certification to the development services department. e. A requirement that the medical marijuana dispensary offsite cultivation location is prohibited from permitting anyone to consume marijuana on the premises. f. A requirement for a reasonable setback from a zoning district other than CB-2, CI-1, CI-2, and CI-3 or any existing, established, residential use in those zones. g. A requirement for a reasonable setback from a zoning district in a city or town other than classifications that permit densities and uses greater than or equal to those permitted CB- 2, CI-1, CI-2, and CI-3. h. A requirement that the medical marijuana dispensary offsite cultivation location comply with applicable sections of Title 8 of the Pima County Code. 7. Enforcement: The provisions of this subsection may be enforced through the use of the civil penalty procedure provided for by Section 18.95.030 or by injunction or other civil proceeding as provided by A. R.S Section 11-808(H). Notwithstanding any other provision of this code, this subsection shall not be enforced under A. R.S Section 11-808(C) as a misdemeanor. Regular Council M e��C(�!�T h Y 4 C�2��O��W�T� �T�4FF MARK-UPS RE SAN JOAQUIN PROPERTY, PAGE 11 OF 25 8. Fees: The fee for application and hearing is a combination of the existing fees for conditional use permit application filing fee, the site analysis submittal fee and the notice of public hearing fee included in the most current development services department fee schedule. F. Medical marijuana designated caregiver cultivation location: If the Arizona Revised Statutes are amended to allow medical marijuana cultivation by designated caregivers, as long as the law remains in full force and effect, a designated caregiver cultivation location is permitted as a Type III conditional use subject to the following conditions: 1. All conditions and restrictions for medical marijuana dispensary offsite cultivation locations except that the designated caregiver cultivation location cultivation area is limited to two hundred fifty square feet. 2. More than one designated caregiver may co-locate cultivation locations as long as the total cultivation area does not exceed two hundred fifty square feet. G. Racetrack or sports stadium, provided: 1. Any racetrack conducted for profit must be licensed by the State Racing Commission; 2. Any incidental uses in connection with said racetrack or sports stadium not otherwise permitted in CB-2 shall be first approved by the board of adjustment (refer to Chapter 18.93) as a use incidental to and commonly associated with a racetrack; 3. A permit may be used for a practice racetrack, if operated by the owner of the site thereof, and not conducted for profit or charging admission to spectators; 4. No portion of any tracks, stables or grandstand authorized by this provision shall be within two hundred feet of any boundary or its site adjoining any property in a rural or residential zone; and 5. A Type 2 conditional use permit with a hearing notification area of five hundred feet is obtained in accordance with Chapter 18.97 H. Non-Chartered Financial Institutions, provided: 1. A non-chartered financial institution shall be setback a minimum of one thousand three hundred twenty feet from all other non-chartered financial institutions, measured from development plan site boundary to development plan site boundary; 2. A non-chartered financial institution shall be setback a minimum of five hundred feet from all residential zoning, measured from development plan site boundary to residential zoning boundary; 3. A non-chartered financial institution shall be a Type III conditional use permit with a hearing notification area of three hundred feet in accordance with Chapter 18.97.030H. (Ord. 2010-59 § 2, 2010; Ord. 2005-105 § 6, 2005; Ord. 1994-114 § 4(part), 1994; Ord. 1992-6 (part), 1992; Ord. 1985-187 § 1(part), 1985; Ord. 1985-82 (part), 1985) 18.45.050 Development standards Nonresidential. A. Minimum site area: None. B. Minimum site width: None. C. Minimum site setback requirements: 1. Front: Fifteen feet; 2. Side: None; 3. Rear: Ten feet. Regular Council M e��C(��T h Y 4 C�2��0��/bT� �T�4FF MARK-UPS RE SAN JOAQUIN PROPERTY, PAGE 12 OF 25 D. Maximum building height: Thirty-nine feet. E. Minimum distance between main buildings: None. (Ord. 2005-1 § 6(part), 2005; Ord. 1985-82 (part), 1985) 18.45.060 Development standards Residential. A. Minimum lot or site area: 1. Single-family detached dwelling unit minimum lot area: Four thousand five hundred square feet; 2. Duplex, condominium, townhouse, apartment, or multiple dwelling unit development minimum site area: Ten thousand square feet. B. Minimum lot or site area per dwelling unit: 1. Duplex, condominium, townhouse, apartment, or multiple dwelling unit: One thousand square feet. C. Minimum lot or site width: 1. Single-family detached dwelling unit minimum lot width: Forty feet; 2. Duplex, condominium, townhouse, apartment, or multiple dwelling unit development minimum site width: Sixty feet. D. Minimum lot or site setback requirements: 1. Single-family detached dwelling unit minimum lot setbacks: a. Front: Twenty feet; b. Side: None. Zero lot-line siting of dwelling units on individual lots is permissible, subject to Pima County Building Codes (Title 15); c. Rear: Ten feet. 2. Duplex, condominium, townhouse, apartment, or multiple dwelling unit development minimum site setbacks: a. Front: Twenty feet; b. Side: Seven feet each; c. Rear: Twenty-five feet. E. Maximum building height: Thirty-nine feet. F. Minimum distance between main multiple dwelling buildings: Fourteen feet. (Ord. 2005-1 § 6(part), 2005; Ord. 1985-82 (part), 1985) 18.45.070 Development standards Accessory buildings and accessory structures. A. Permitted coverage: 1. Residential: Five percent of the lot area. 2. Non-residential: Forty percent of the required rear yard and any additional space within the buildable area. B. Maximum building height: Regular Council M e��C(��T h Y 4 C�2��0��/�T� �T�4FF MARK-UPS RE SAN JOAQUIN PROPERTY, PAGE 13 OF 25 1. Within the required rear yard: Twenty-four feet; 2. Within the buildable area: Thirty-nine feet. C. Minimum distance standards: 1. To front lot line: Fifteen feet; 2. To side lot lines: None; 3. To rear lot line: Four feet. (Ord. 2004-59 § 21, 2004; Ord. 1985-82 (part), 1985) 18.45.080 Lot development option. A. Refer to Section 18.09.060 (General Residential and Rural Zoning Provisions) for the provisions of the lot development option. (Ord. 1985-82 (part), 1985) Regular Council M e��C(��T h Y 4 C�2��0��/�T� �T�4FF MARK-UPS RE SAN JOAQUIN PROPERTY, PAGE 14 OF 25 Chapter 18.07 GENERAL REGULATIONS AND EXCEPTIONS 18.07.030 Land use regulations. A. Filling Stations, Repair Shops and Public Garages. 1. No gasoline filling station or automobile repair shop shall have an entrance for exit for vehicles on the same side of the street within thirty-five feet of a residential zone, nor shall any part of a gasoline filling station or automobile repair shop be within fifty feet of the grounds of any school, public playground, church, hospital, sanatorium, public library or institution for dependents or for children. 2. No gasoline filling station or public garage shall have any oil draining pit or visible appliance for such purpose, other than filling caps, located within twelve feet of any street lot line or within fifty feet of any residential zone, unless such appliance or pit is within a building and at least twelve feet distant from any vehicular entrance or exit of such building. 18.07.040 Land use exceptions. A. Additional Permitted Uses. The following accessory uses shall be permitted in any zone when the principal use itself is permitted: 1. The operation of necessary facilities and equipment in connection with schools, colleges, universities, hospitals and other institutions; 2. Recreation, refreshment and service buildings in public parks, playgrounds and golf courses. B. Public Utilities Permitted. Except as provided in Chapter 18.57 1. Nothing in this code shall prevent the location, erection, alteration or maintenance of pipes, poles, wires, and similar installations necessary to distribute public facilities; 2. In addition to other provisions of this code, the uses of this subsection shall be permitted in any zone and shall not be subject to the minimum lot area requirements. Barbed wire may be used on fences and walls for security purposes, provided the wire is more than six feet above ground level; 3. Water pumping and storage facilities operated as part of a system serving two or more properties as a public, private or community utility: a. Subject to the requirements for accessory buildings in the zone in which located, b. Provided a wall or hedge is used to screen the site, c. Where a tower more than twenty feet in height is used in conjunction with such facilities, its center shall be located a distance from any lot line equal to not less than one-half its height; 4. Telephone, telegraph or power substations: a. Any building housing such substation shall be in keeping with the character of the zone in wh ich located, b. A substation not enclosed within a building shall be subject to: 1) The minimum front and side yards of the zone in which located; and Regular Council M e��C(��T h Y 4 C�2��0��/�T� �T�4FF MARK-UPS RE SAN JOAQUIN PROPERTY, PAGE 15 OF 25 2) Appropriate screen planting along any street frontage, which planting and any necessary fencing shall be set at a distance not closer to a street lot line than the minimum front and side yards of the zone; 5. Power substations with an input voltage of one hundred fifteen kilovolts or greater shall be subject to the following requirements: a. Setback: That the facility, including walls or equipment, is located no closer than two hundred feet to any existing residential property line, b. Screening: 1) That the facility include a ten-foot high wall in an earth tone and vegetative landscaping when contiguous to a residential zone, 2) Vegetative landscaping shall be located to preclude attracting athletic activities in the setback area, c. Height: That the facility observe the height restriction of the zone in which located, d. Notification: When the utility purchases land with the intent of constructing a power substation facility, the property must be posted stating that intent, e. Noise emissions: 1) That the sound level emitted by the facility shall not exceed forty-five DBA at the property line, 2) That there shall not be any TVI (television interference) or RIV (radio interference) on a continuous basis, f. The board of supervisors may waive the minimum requirements of Section 18.07.040(B)(5)(a) through (e), or impose more restrictive requirements at an advertised public hearing if the supervisors determine such an action is in the public interest, g. Power substation permit issued by the supervisors after a public hearing: 1) Notice shall be given by mail to all owners of record within six hundred feet of the substation and by posting the substation site, 2) An applicant for a permit shall pay a fee in accordance with the development services fee schedule. h. The supervisors may approve or deny an application and may impose reasonable conditions upon the issuance of a substation permit and shall consider the following factors: 1) Existing plans of the state, local government and private entities for other developments at or in the vicinity of the proposed site, 2) Fish, wildlife and plant life and associated forms of life upon which they are dependent, 3) Noise emission levels and interference with communication signals, 4) The proposed availability of the site to the public for recreational purposes, consistent with safety considerations and regulations, 5) Existing scenic areas, historic sites and structures or archaeological sites at or in the vicinity of the proposed site, 6) The total environment of the area, Regular Council M e��C(��T h Y 4 C�2��0��/�T� �T�4FF MARK-UPS RE SAN JOAQUIN PROPERTY, PAGE 16 OF 25 7) The technical practicability of achieving a proposed objective and the previous experience with equipment and methods available for achieving a proposed objective, 8) The estimated cost of the facilities and site as proposed by the applicant and the estimated cost of alternative facilities and sites, recognizing that any significant increase in costs represents a potential increase in the cost of electric energy to the customers or the applicant, 9) Any additional factors which require consideration under applicable federal, state and Pima County laws, 10) The supervisors shall give special consideration to the safety and health of neighboring residents, i. The requirements of Section 18.07.040(B)(5)(g) and (h) shall be eliminated on those sites which are considered by the Arizona Power Plant and Transmission Line Siting Committee when that committee contains adequate local representation. The determination of adequate local representation on the committee shall be made by the supervisors at a public hearing. Chapter 18.31 TR TRANSITIONAL ZON E 18.31.010 Permitted uses. A. Any use as permitted in Sections 18.25.010 (CR-3 Single Residence Zone), 18.27.010 (CR-4 Mixed- Dwelling Type Zone) and 18.29.010 (CR-5 Multiple Residence Zone). B. Additional uses permitted: 1. Assisted living centers; 2. College or governmental structure; 3. Community service agency; 4. Library or museum; 5. Playground or athletic field; 6. Hospital or sanatorium; 7. Clinic or dispensary; 8. Club; 9. Private club or lodge (nonprofit); 10. Community storage garage; 11. Child care center; 12. Professional or semi-professional office; 13. Real estate office; 14. Insurance adjuster's office, which may include a drive-through facility; 15. Motel or hotel, together with the following accessory uses located on the premises and having no exterior entrance closer than one hundred feet to a public street: a. Retail shops, Regular Council M e��C(��T h Y 4 C�2��0��/�T� �T�4FF MARK-UPS RE SAN JOAQUIN PROPERTY, PAGE 17 OF 25 b. Personal services, c. Recreational facilities, d. Restaurant, e. Beverage service 16. Administrative, engineering, scientific research, design or experimentation facility, and such processing and fabrication as may be necessary thereto, provided: a. All such operations be completely housed within buildings located on a site of no less than ten thousand square feet, b. All such buildings shall set back not less than twenty-five feet from any property line abutting a residential zone, c. A dust-proofed off-street parking area be provided for all such vehicles incidental to said operation, d. One additional such parking space be provided for each three persons regularly employed on said premises, e. Buffering and screening is provided in accordance with Chapter 18.73, Landscaping, Buffering and Screening Standards, f. There is no manufacturing or warehousing of goods for sale at wholesale or retail, and g. Any activity conducted on said premises shall be free of dust, noxious smoke, fumes, odors or unusual vibrations or noise; 17. Nonexpressed residential uses: All residential uses not expressly permitted in any other residential zone and which are not otherwise unlawful, injurious to the general health or welfare, or specifically excluded. (Ord. 2000-77 § 1(part), 2000; Ord. 1998-36 § 11, 1998; Ord. 1985-171, § 1(part), 1985; Ord. 1985- 153, § 1(part), 1985; Ord. 1985-82 (part), 1985) Chapter 18.39 GENERAL COMMERCIAL STANDARDS 18.39.080 Exceptions. A. Exceptions. 1. Design Review Committee (DRC). The DRC may grant exceptions to some of the large scale retail establishment, regional, neighborhood, and small shopping center development standards sections of this chapter if the DRC finds that the alternative plan provides the same or greater mitigation upon the development's impact upon surrounding properties, traffic and the community as the current standards. Examples of physical site constraints that may warrant an exception include the protection of riparian habitat, undisturbed natural area, prominent stand of vegetation, topographic features or the existence of a residence that is setback greater than the current setback standard. a. The DRC decision accepting alternative mitigation may be appealed to the board of supervisors within 20 days of the of the committee's decision by the applicant or by property owners within 300 feet. 3. Board of Supervisors. Regular Council M e��C(��T h Y 4 C�2��0��/�T� �T�4FF MARK-UPS RE SAN JOAQUIN PROPERTY, PAGE 18 OF 25 a. The board of supervisors may allow a large scale retail establishment or regional retail center in the CB-1 zone after a noticed public hearing as defined in section 18.91.060B, Public Notice. Consideration should include: 1) Whether the subject property meets the development standards contained in 18.39.030C. 2) Whether the development generates traffic which causes adjacent roadways and intersections to exceed level of service "D." Chapter 18.43 CB-1 LOCAL BUSINESS ZONE 18.43.020 Performance standards. A. All Section 18.43.030B uses shall be conducted wholly within a completely enclosed building unless otherwise specified and any use operating as a store, shop, or business shall be a retail establishment. All products produced on the premises shall be sold at retail on the premises. B. Performance standards: The following performance standards shall apply to the uses of Section 18.43.0301: a. Noise or vibration: No noise or vibration shall be permitted which is discernible beyond the lot line to the human sense of feeling for three minutes or more duration in any one hour of the day between the hours of seven a.m. and seven p.m., or of thirty seconds or more duration in any one hour during the hours of seven p.m. to seven a.m.; b. Smoke: No emission of smoke from any source shall be permitted; c. Odors: No emission of odorous gases or other odorous matter shall be permitted in such quantities as to be offensive in such a manner as to create a nuisance or hazard beyond the property lines; d. Fly ash, dust, fumes, vapors, gases and other forms of air pollution: No emission shall be permitted which can cause any damage to health, to animals or vegetation, or other forms of property, which can cause any excessive soiling; and e. Liquids and solid waste: No wastes shall be discharged in the streets, drainageways or any property which is dangerous to the public health and safety, and no waste shall be discharged in the public sewage system which endangers the normal operation of the public sewage system. 2. Certifications: The zoning inspector shall not issue a permit for any use until the applicant has provided the required number of plans showing the certificates of the department of transportation and flood control district, traffic engineer, and health department director certifying that said use complies with all laws and regulations under their jurisdiction, and the zoning inspector has determined that the use complies with this chapter. (Ord. 1989-96 § 1(part), 1989; Ord. 1985-82 (part), 1985) 18.43.030 Permitted uses. A. Any use as permitted in Section 18.31.010 (TR Transitional Zone). B. The following uses, as restricted in Section 18.43.020(A): 1. Air conditioning, heating, and ventilating fixtures or supplies: Retail, all within enclosed building; Regular Council M e��C(��T h Y 4 C�2��O��T� �T�4FF MARK-UPS RE SAN JOAQUIN PROPERTY, PAGE 19 OF 25 2. Antique store; 3. Apparel store; 4. Art needlework or hand-weaving establishment; 5. Art gallery or store: The "patio" architectural design concept is allowed; 6. Art or drawing supply store; 7. Auto mechanical repair: In conjunction with service stations on state or federal highways only, provided there is no outside storage of autos or parts, and no body or fender work, painting or upholstering; 8. Auto parking lot (within or without a building): Subject to the provisions of Section 18.75.030(B) (Off-Street Parking and Loading Standards); 9. Automobile accessories, parts and supplies; provided, that there is no installation, repair, rebuilding, modification, or outside storage of parts on the premises; 10. Automobile lubrication and oil change operation; 11. Automobile tires, batteries and accessories installation in conjunction with a department store; 12. Bakery; 13. Bank, (except non-chartered financial institutions); 14. Barbershop; 15. Beauty shop; 16. Bicycle shop: No sales or servicing of motor scooters or motorcycles; 17. Billiard or poolhall; 18. Book, newspapers, or magazine store; 19. Burglar alarm service; 20. Cafe or lunchroom: a. Provided no dancing is allowed and no alcoholic beverages sold except beer and wine, b. The "patio" architectural design concept is allowed; 21. Catering service; 22. Church; 23. Cigar store; 24. Cleaning, dyeing, laundry collection agency; 25. Confectionery store; 26. Custom dressmaking, millinery, hemstitching or pleating; 27. Custom weaving or mending; 28. Dealer in coins, stamps or similar collector's items; 29. Delicatessen; 30. Dentallaboratory; 31. Department store; 32. Drugstore; Regular Council M e��C(��T h Y 4 C�2��0��/�T� �T�4FF MARK-UPS RE SAN JOAQUIN PROPERTY, PAGE 20 OF 25 33. Dry goods or notions store; 34. Electrical appliance store; 35. Feed store: No sales or storage of hay; 36. Fix-it shop, small appliances; 37. Florist shop; 38. Frozen food locker; 39. Fruit or vegetable store; 40. Furniture store; 41. Garage: For public storage only; 42. Gasoline service station (incidental repairing only); subject to: a. The provisions of Section 18.07.030(A) (General Regulations and Exceptions), b. No gasoline or other flammables be stored above ground level, except in legally accepted containers of fifty-five gallons or less and no more than three such containers, and c. The dispensing of gasoline or any flammables into a fuel tank or into a legally accepted container, using manually controlled nozzles only, shall be under the supervision of a competent attendant at all times; 43. Gift, curio, or novelty shop; 44 . G roce ry sto re; 45. Hardware store; 46. Hotel; 47. House furnishing store; 48. Ice cream store: The "patio" architectural design concept is allowed; 49. Ice station: For packaged sales only; 50. I nterior decorator; 51. Jewelry and watch repair; 52 . J ewe I ry sto re; 53. Large scale retail establishment: In accordance with Section 18.39.080(A)(3); 54. Laundromat, laundry and dry cleaning units, provided the same occupy no more than three thousand square feet of gross floor area; 55. Leather goods store; 56. Library: Rental or public; 57. Liquor store: For packaged sales only, including wine tasting; 58. Locksm ith; 59. Meat, fish or dressed poultry market, provided no live poultry are kept on premises; 60. Mechanical and electronic games arcade: In districts containing a minimum of four commercial acres and at least seven thousand eight hundred square feet of net leasable area; 61. Medicallaboratory; Regular Council M e��C(��T h Y 4 C�2��0��/�T� �T�4FF MARK-UPS RE SAN JOAQUIN PROPERTY, PAGE 21 OF 25 62. Messenger office; 63. Music, phonograph or radio store; 64. Office: Business, professional or semi-professional; 65. Orthopedic appliances (trusses, wheelchairs, etc.); 66. Pet grooming; 67. Pet shop; 68. Photograph studio; 69. Photographic supply store; 70. Plant nursery: All landscape contractor's supplies, fertilizers and chemicals shall be stored indoors; 71. Plumbing fixtures and supplies: Retail, all within enclosed building; 72. Postal station; 73. Pressing establishment; 74. Reducing salon: Not to include massage establishments; 75. Refreshment stand; 76. Religious rescue mission or temporary revival; 77. Safe depository; 78. School: Barber or beauty culture; 79. School: Business; 80. School: Dancing; 81. School: Dramatic; 82. School: Handicraft, painting or sculpture; 83. School: Music; 84. School, private, parochial and charter. 85. Self-service car wash; provided, that neither steam cleaning nor engine repair shall be allowed on the premises; 86. Shoe repair shop; 87. Shoe store; 88. Shopping center, neighborhood: In accordance with Chapter 18.39 89. Shopping center, small: I n accordance with Chapter 18.39 90. Shopping center, regional: In accordance with Sections 18.39.080(A)(1) and 18.39.080A3; 91. Sidewalk sales associated with existing retail business, lasting no longer than three days, in any thirty-day period; 92. Sporting goods, hunting and fishing equipment store; 93. Station: Bus or stage; 94. Stationery store; 95. Tailor shop; Regular Council M e��C(��T h Y 4 C�2��0��/bT� �T�4FF MARK-UPS RE SAN JOAQUIN PROPERTY, PAGE 22 OF 25 96. Taxicab stand; 97. Taxidermist; 98. Theater: Except drive-in or outdoor theater; 99. Tire store: Including incidental repair of shocks and brakes with no outdoor storage or display; 100. Tool or cutlery sharpening; 101. Toy or hobby shop; 102. Trailer rental: In conjunction with service stations on state or federal highways only, provided there is no outside storage of autos or parts, and no body or fender work, painting or upholstering; 103. Trust company; 104. Upholstery shop and supplies; 105. Variety store; 106. Veterinary outpatient clinic for small animals: a. No boarding allowed; b. Overnight confinement for clinic treatment permitted for a maximum of five animals; 107. Wallpaper sales, paper hanging; 108. Water, telephone or telegraph distribution installation or electrical receiving or distribution station (within or without a building): Subject to the provisions of Section 18.07.040(B) (General Regulations and Exceptions); 109. Wholesale of oil: In conjunction with service stations on state or federal highways only, provided there is no outside storage of autos or parts, and no body or fender work, painting or upholstering; 110. Other similar enterprise or business of the same class, which in the opinion of the board of supervisors, as evidenced by resolution of record, is not more obnoxious or detrimental to the welfare of the particular community than the enterprises or businesses above enumerated. C. Retail sale, rental or display of: 1. Clothing or accessories; 2. Household appliances; 3. Office equipment and business machines: Repair work permitted, but limited to no more than twenty-five percent of gross floor area of the business; 4. Oxygen equipment for medical outpatient uses; 5. Painting equipment or supplies, including varnish; 6. Secondhand goods: Personal, furniture, books, magazines; no secondhand auto parts; 7. Venetian blinds; 8. Window shades. D. Accessory building or use (not involving open storage): When located on the same building site. E. Trailer or manufactured or mobile home for caretaker: In conjunction with a permitted use in a rural area, as determined by the zoning inspector. Regular Council M e��C(��T h Y 4 C�2��0��/�T� �T�4FF MARK-UPS RE SAN JOAQUIN PROPERTY, PAGE 23 OF 25 F. Administrative, engineering, scientific research and development, design or experimentation facility, and such treatment, processing, and fabrication as may be necessary thereto; provided, that: 1. All such operations be completely housed within buildings located on a site of not less than ten thousand square feet; 2. All such buildings shall be set back not less than twenty-five feet from any property line abutting a residential zone; 3. A dust-proofed, off-street parking area be provided for all vehicles incidental to said operation; 4. One additional parking space be provided for each three persons regularly employed on said premises; 5. Buffering and screening provided in accordance with Chapter 18.73, Landscaping, Buffering and Screening Standards; 6. Any activity conducted on said premises shall be free of dust, noxious smoke, fumes, odors or unusual vibrations or noise discernible beyond the property line; 7. The architecture of all structures shall be compatible with the surrounding area; and 8. All open areas of an improved lot shall be maintained in a dust-free condition by landscaping with trees, shrubs, suitable ground cover, undisturbed natural growth, or by covering with material that will provide an all-weather surface. G. Restaurant, including a restaurant liquor license: 1. Upon condition that the cocktail lounge or bar has no separate outside entrance; and 2. A dance floor with a maximum of two hundred square feet is permitted for customer dancing only. H. Trailer or manufactured or mobile unit for temporary office use: Only during the construction of a permanent building not to exceed a period of twelve months. I. The following uses, as restricted in Section 18.43.020(B): 1. Blueprinting; 2. Photostating; 3. Engraving, photo-engraving; 4. Duplicating, mimeographing, multigraphing; 5. Addressographing; 6. Newspaper office; 7. Printing or publishing. J. Self-storage facility: 1. The maximum site area shall not exceed three acres; 2. All access to the facility shall be from arterial or collector streets; 3. All access lanes within the facility shall be of a paved or concrete surface; 4. There shall be a landscaped bufferyard with a minimum six-foot or maximum eight-foot decorative masonry wall; 5. There shall be no razor or barbed wire; 6. The facility shall be single story with a maximum height of nineteen feet; Regular Council M e��C(��T h Y 4 C�2��0��/�T� �T�4FF MARK-UPS RE SAN JOAQUIN PROPERTY, PAGE 24 OF 25 7. The facility's exterior facade visible from adjoining residential properties or the public street shall use earth tone colors and masonry or stucco materials or materials with a similar appearance; 8. Lighting shall be in accordance with the county outdoor lighting code (Title 15); 9. All walls, doors, and roofs visible from adjoining property shall have surfaces that have less than eig hty percent reflectivity; 10. The maximum size of an individual storage unit shall not exceed two hundred square feet; 11. All storage shall be in an enclosed building. (Ord. 2011-2 § 11, 2011; Ord. 2009-59 § 4, 2009; Ord. 2005-105 § 5, 2005; Ord. 2001-165 § 1 (part), 2001; Ord. 1998-36 § 15, 1998; Ord. 1997-28 § 2, 1997; Ord. 1993-55 § 1, 1993; Ord. 1989- 96 § 1(part), 1989; Ord. 1988-150 § 1, 1988; Ord. 1985-171 § 1(part), 1985; Ord. 1985-82 (part), 1985) Chapter 18.75 OFF-STREET PARKING AND LOADING STANDARDS 18.75.030 Off-street parking requirements. B. Minimum Dimensions for Parking Space Types. 1. Standard car space: Nine feet by twenty feet equals one hundred eighty square feet. 2. Handicapped space: Twelve feet by twenty feet equals two hundred forty square feet. 3. Motorcycle space: Six feet by nine feet equals fifty-four square feet. 4. Bicycle space: Three feet by eight feet equals twenty-four feet. Regular Council M e��C(��T h Y 4 C�2��0��/�T� �T�4FF MARK-UPS RE SAN JOAQUIN PROPERTY, PAGE 25 OF 25 Elliott D. Pollack & Company MEMORANDUM To: Mr. Frank Cassidy Town Attorney Town of Marana From: Richard C. Merritt Date: February 19, 2014 Re: Certification for Reimbursement of Sales Tax Revenue - Town of Marana Related to the Pre-Annexation Development Agreement between the Town of Marana and San Joaquin Land Investments, LLC. The Town of Marana plans to enter into a Pre-Annexation Development Agreement with San Joaquin Land Investments, LLC (San Joaquin) for a commercial development proj ect. San Joaquin intends to develop a proj ect containing one or more hotels, retail uses, fast food facilities, restaurants, appropriate signage and other uses consistent with the Town Equivalent Zoning. The Pre-Annexation 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 San Joaquin. Public improvement costs include underground utilities, drainage, streets, sidewalks and similar improvements that will be dedicated to the Town as well as design services, surveying, performance bonds, land acquisition and similar expenses in addition to the construction of the improvements. The Town will reimburse San Joaquin 45% of the Town's sales taxes imposed on retail sales within the planned proj ect for public improvements that are constructed for the duration of the Development Agreement. The Development Agreement includes an interest accrual of 4% per annum on the unreimbursed portion of the public improvement costs. The accrual of interest does not begin until sales tax revenues are generated from the project. Sales tax revenues subj ect to reimbursement may only come from activities such as amusements and exhibitions, hotels, rentals, restaurants and bars, and retail sales. Reimbursement may not come from construction sales tax revenues collected by the Town. The duration of the agreement is the lesser of 21 years from the first reimbursement payment, 24 years from the effective date of the agreement or termination through mutual consent of the Parties. Elliott D. Pollack & company 7505 East 6 Avenue, Suite 100 Scottsdale, Arizona 85251 PH 480.423.9200 FAX 480.423.5942 Pollack(cr�,edpco.com www. arizonaeconomy. com Regular Council Meeting - March 4, 2014 - Page 134 of 163 Findin According to the proposed Pre-Annexation Development Agreement, 45% of the ongoing sales tax receipts will be reimbursed to San Joaquin Land Investments, LLC for public improvements costs incurred within the Pre Development Agreement. Assuming that the proj ect develops and public improvements are constructed as planned, the reimbursement to San Joaquin 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 proj ect is anticipated to raise more revenue than the amount of the incentive within the duration of the Pre-Annexation Development Agreement. � � � �� Richard C. Merritt President Elliott D. Pollack & company 7505 East 6 Avenue, Suite 100 Scottsdale, Arizona 85251 PH 480.423.9200 FAX 480.423.5942 Pollack(cr�,edpco.com www. arizonaeconomy. com Regular Council Meeting - March 4, 2014 - Page 135 of 163 115 5 5 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 8 5 65 3 Council Chambers, March 4, 2014, 7:00 PM To: From: Mayor and Council Frank Cassidy, Town Attorney Strategic Plan Focus Area: Commerce Strategic Plan Focus Area - Additional Information: Initiative 1, Strategy d. Re-brand business areas as "Marana" Initiative 3, Encourage the development of the Marana downtown/Main Street Initiative 6, Strategy a.vi. Promote development of the Downtown Activity Center Item A 3 Subj ect: Resolution No. 2014-024: Relating to Economic Development; approving and authorizing the Mayor to execute the Marana Main Street Monument Sign Use Agreement for the Town's permanent use of the top portion of a freeway monument sign near the Marana Road/Interstate 10 traf� c interchange Discussion: The Marana Main Street development will include a freeway monument sign authorized by a conditional use permit issued by the Marana Planning Commission on January 29, 2014. For $60,000, the developer of the Marana Main Street development has offered to sell the Town of Marana the permanent, exclusive right to use the top area of the sign to display the Town logo, name, and any other information the Town chooses to display there. A.R.S. § 9-500.11 authorizes municipal expenditures for economic development, and several strategies in the "Commerce" section of Marana Strategic Plan II focus on economic development downtown Marana. Financial Impact: If approved, the Marana Main Street Monument Sign Use Agreement will require the Town to pay $60,000 in a lump sum or in 60 equal monthly payments of $1,217. In addition, the Town will be responsible for any future costs associated with modifying or updating the logo, wording, and other information the Town chooses to display on the top area of the sign. ATTAC H M E N TS : Name: � Reso 2014- 024 Marana Main Street monument sign contribution (00037097).docx Description: Reso 2014-024 � Exh A to Marana Main Monument Siqn (00036614-3).docx Exh A agreement � Exh A sign example EXH A to Marana Main Street Monument Sign Use Agreement Type: Resolution Exhibit Exhibit Regular Council Meeting - March 4, 2014 - Page 136 of 163 (00037098).pdf Staff Recommendation: Council's pleasure. Suggested Motion: If Council chooses to participate: I move to adopt Resolution 2014-024, approving and authorizing the Mayor to execute the Marana Main Street Monument Sign Use Agreement If Council chooses not to participate: No action required. Regular Council Meeting - March 4, 2014 - Page 137 of 163 MARANA RESOLUTION NO. 2014-024 RELATING TO ECONOMIC DEVELOPMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE MARANA MAIN STREET MONUMENT SIGN USE AGREEMENT FOR THE TOWN' S PERMANENT USE OF THE TOP PORTION OF A FREEWAY MONUMENT SIGN NEAR THE MARANA ROAD/INTERSTATE 10 TRAFFIC INTERCHANGE WHEREAS the Marana Main Street development, located j ust southeast of the Marana Road/Interstate 10 traffic interchange, will include a freeway monument sign authorized by a conditional use permit issued by the Marana Planning Commission on January 29, 2014; and WHEREAS the developer of the Marana Main Street development has offered to sell the Town of Marana the permanent, exclusive right to use the top area of the sign to display the Town logo, name, and any other information the Town chooses to display there; and WHEREAS A.R.S. § 9-500.11 authorizes municipal expenditures for economic devel- opment; and WHEREAS the Marana Strategic Plan II identifies various initiatives that focus on down- town Marana, including creating economic development concepts for the area, and using the area to help create a community identity and develop a branding strategy; and WHEREAS the Council finds that this resolution is in the best interest of the Town of Marana and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TO�JN OF MARANA, that the Marana Main Street Monument Sign Use Agreement attached to this resolution as Exhibit A is hereby approved, and the Mayor is authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the Marana Main Street Monument Sign Use Agree- ment. Resolution No. 2014-024 - 1- 2/26/2014 9:02 AM FJC Regular Council Meeting - March 4, 2014 - Page 138 of 163 PAS SED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 4th day of March, 2014. ATTEST: Mayor Ed Honea APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Resolution No. 2014-024 - 2 - 2/26/2014 9:02 AM FJC Regular Council Meeting - March 4, 2014 - Page 139 of 163 MARANA MAIN MONUMENT SIGN USE AGREEMENT TOWN OF MARANA, ARIZONA THIS AGREEMENT �t�ils "Agreement") is made and entered into by and between the TOWN OF MARANA an Arizona municipal corporation (the "Town"�, and MARANA MAIN MONUMENT SIGN, LLC, an Arizona limited liability company (the "Owner"). The Town and the Owner are sometimes collectively ref erred to a� the "Parties," either one of which is sometimes individually ref erred to as a"Party." RECITALS A. The Owner is about to enter into a contract with Yt�ung (YESCO) f or the f abrication and installation c�f a monument s conf iguration depicted on Exhibit A attached to and incorpora this Agreement. B. The monument sign is anticipated to be installed sor's Parcel Number 217-28-020E, near the southeast co rio Road and Marana Road, in the north half of the nc� quarter of Section 22, Township 11 Sc�uth, Range 11 Eas C. The monument sig;n is the subject Qf a conditiona na Planning Commission on January 29, 2(}14. A GREEMENT Electric Sign Company gn in substantially the :ed bv this ref erence in on or near Pima County Asses- rner of the intersection of Sanda- rthwest quarter of the southwest t, �ila and Salt River Meridian. 1 use permit issued by the Mara- NoW THEREFORE, in consideration Qf the f c�regoing recitals, which are incorporated into this Agreernent as though f ully restated here, and the mutual covenants set f orth in this Agreement, the Parties here�� agree as follows: 1. Condi�ion precedent. This Agreement is conditioned upon and subject to the Owner commencing cc�nstruction af the monument sign bef ore January 1, 2015. If the Owner has not commenced constructic�n of the monument sign by January 1, 2015, this Agree- ment shall be null and void and of no further force and effect, each party bearing its own costs. 2. Town rights to the rr�onument sign. For so long as the monument sign remains in place, the Town shall have the exclusive right to use the top area of the sign, depicted in Exhibit A as the area of the sign above the horizontal architectural design f eature bear- ing the words "Main Street," the Town's logo and the word "Marana." This area of the monument sign is referred to in this Agreement as the "Sign Top." The Owner shall provide and install at the Owner's expense the initial Town-designed message, logo, and lighting for the Sign Top. Exhibit A to Resolution 2014-024 - 1- 2/25/2014 4:42 PM FJC Regular Council Meeting - March 4, 2014 - Page 140 of 163 3. Town payment to the Owner. For the rights purchased under this Agreement, the Town shall pay the Owner $60,000. The Town shall have the f ollowing options f or pay- ing the $60,000: (A) In a lump sum of $60,000, no later than 15 calendar days af ter YESCO com- pletes installation of the monument sign, as evidenced by a f inal building code in- spection and approval by the Town. (B) In 60 equal payments of $1,217, payable on or bef ore the f irst day of each cal- endar month beginning no less than 15 calendar days af ter YESCO completes instal- lation of the monument sign, as evidenced by a f inal building code inspection and approval by the Town. 4. Effective date and term. This Agreement sha11 become effective upon its execution by all the Parties and the effective date of the re�olution of the Town Council approving this Agreement (the "Ef f ective Date" ). Th� term of this Agr��ment shall begin on the Effective Date and, unless sooner terminated by the mutual consent of the Parties or by operation of paragraph 1 above, shall remain in ef f ect f ar so long as the monument sign is in place. 5. Town sign modifications. The Town shall have the right at its cost to modify, re- move, or replace the logo and sign cc�py of the Sign Tap, so long as the modif ications do not change the overall dimensions af the Sign Top or adversely af f ect the structural integrity of the monument sign. 6. Owner maintenance. The Owner shall maintain the monument sign in good repair, normal wear and tear excepted. If the Owner f ails to maintain the monument sign to a reasonable level of appearance and operation, the Town shall have the right to maintain the monument si�n, and the C�wner shall reimburse the Town's reasonable costs of such maint�nance. 7. No partnership or joi creating a partnership or j �� ven othing in this Agreement shall be interpreted as between the Owner and the Town. 8. Hold harmless and indemni ty. The Owner shall indemnif y and hold harmless the Town and its agents, of f icials and employees f rom and against any expenses, claims, liability and damages that are suffered or incurred by the Town as a result of the Own- er's installation, mainten�nce, or operation of the monument sign. 9. Insurance. The Owner shall maintain commercial general liability insurance with carriers acceptable to the Town throughout the term of this Agreement with required minimum coverages and limits of $1,000,000 per occurrence and $2,000,000 aggregate (in United States dollars) . The Owner shall deliver one or more certif icates of insurance evidencing coverage as described in this paragraph to the Town upon execution of this Agreement. The Owner shall also deliver new certif icates of insurance each time the policy is updated. The Town shall be named as an additional insured on the commercial general liability insurance policy or policies required by this paragraph. As an addition- Exhibit A to Resolution 2014-024 - 2- 2/25/2014 4:42 PM FJC Regular Council Meeting - March 4, 2014 - Page 141 of 163 al insured, the Town shall be provided coverage f or any liability arising out of the Owner's installation, maintenance, or operation of the monument sign. The Owner shall deliver all certif icates of insurance and additional insured endorsements to the Marana Town Attorney. The additional insured endorsement f orm identif ication number shall also be included within the description box on the certificate of insurance and the appli- cable policy number shall be included on the endorsement. Any certif icate of insurance provided in satisf action of the Owner's obligations under this paragraph shall also stipulate that the insurance af f orded the Owner shall be primary insurance and that any insurance carried by the Town, its agents, of f icials or employees shall be excess and not contributory insurance to that provided by the Owner. 10. Notices. All notices, requests and other communications under this Agreement shall be given in writing and either (i) personally served c�n the party to whom it is given, or (ii) mailed by registered or certif ied mail, postage prepaid, return receipt re- quested, or �111 sent by private overnight cc�urier such as Federal Express or Airborne, or (iv) transmitted by f acsimile (provided that a conf irming copy Qf the f acsimile trans- mission is mailed on the date of such transmission), addressed as f ollows: If to the Town: If t TOWN OF MARANA Attention: Town Manager 11555 West Civic Center I�rive, Marana, Arizana $5653-700� Tel (520) 382-190Q Fax (520) �82-1901 e OWNER: 1VIARANA 1V1AIN 1V10NUME1� Attention: Bruce R. Call 5280 North Sabino Drive Tucson, Arizona 85750 Telephone: (52Q} 722 LLC All notices shall be deemed given when delivered or transmitted by f acsimile or, if mailed as provided above, an the second day af ter the day of mailing, and if sent by overnight courier, on the next day af ter the date of deposit with the courier. Any party may change its address f or 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 ref usal to accept any notice, shall be deemed to be the ef f ective receipt of the notice as of the date of such inability to deliver or rejection or refusal to accept. Exhibit A to Resolution 2014-024 - 3- 2/25/2014 4:42 PM FJC Regular Council Meeting - March 4, 2014 - Page 142 of 163 11. Miscellaneous. (A) This Agreement may not be modif ied 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 enf orce 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 f or this purpase the Parties expressly and irrevocably consent to the jurisdiction of the Pima Cc�unty Superior Court. (D) If either of the Parties fails to perform an� of its obligations under this Agreement or if a dispute arises concerning the meaning or interpretation of any provision of this Agreement, the def aulting 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 enf orcing or establishing its rights under this Agr�ement, including, without limitation, court costs and reasonable attorneys' f ees. (E) This Agreement may b� shall, for all purposes, be deern constitute one and the same agr (F) The Town of Pima Countv, . (G) This Agre�m.en and their respective s� assignment caf this Ag� und�r this A�reement. of con [Rema cuted in .. ent. multiple counterparts, 'each of which and all of which, taken together, shall promptly recc�rd this A�reement in the office of the Recorder na. t shall be binding upon and inure to the benefit of the Parties �ccesscars in interest and assigns; provided, however, that no �eement shall in any w�.y relieve the assignor of its obligations is Agreement is subJe�t to A.R.S. � 38-511, which provides f or cancellation ts in certain instances involving conflicts of interest. �nder of page intentionally left blank.] Exhibit A to Resolution 2014-024 - 4- 2/25/2014 4:42 PM FJC Regular Council Meeting - March 4, 2014 - Page 143 of 163 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the last date set f orth below their respective signatures. THE "TOWN" : The "OWNER" : TOWN OF MARANA, an Arizona MARANA MAIN MONUMENT SIGN, LLC, an municipal corporation Arizona limited liability company � . Ed Honea, Mayor Date: ATTEST: Jocelyn C. Bronson, Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney STATE OF ARIZONA � S � County of Pima ) The f oregoing instr Bruce R Call Man� liabilitv camnanv, c�� (Seal) Exhibit A bef ore me on by 1UMENT SIGN, LLC, an Arizona limited Notary Public EXHIBIT e monument sign � . �. Exhibit A to Resolution 2014-024 - J� - 2/25/2014 4:42 PM FJC Regular Council Meeting - March 4, 2014 - Page 144 of 163 Bruce R. Call, Mana�er � � ' � �� }� GL ��, _ . �� -.��-- �._r� �_��w_t�. : � �� f . ��; �� ` I � � . • • • I . . . . . � . . . . • . .. . � . •. 4 � � L M 3 i _ .. _ -� - 115 5 5 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 8 5 65 3 Council Chambers, March 4, 2014, 7:00 PM To: Mayor and Council From: Jane Fairall, Deputy Town Attorney Strategic Plan Focus Area: Not Applicable Item A 4 Subj ect: Ordinance No. 2014.008 : Relating to Health and Sanitation; amending Town Code Chapter 10-6 (Special Events Permit); renaming Chapter 10-6 as "Special Events"; amending the de�nition of "special events" and other de�nitions; amending provisions related to exemptions to the special event permitting process; amending the application and application review processes; amending provisions related to the issuance or denial of a permit and grounds therefor; amending provisions related to classi�cation of violations to clarify violations are civil infractions; adding new section 10-6-11 relating to permit revocation; renumbering Chapter 10-6 throughout to conform to changes; and designating an effective date Resolution 2014-025: Relating to Health and Sanitation; declaring as a public record �led with the Town Clerk the amendments adopted by Ordinance No. 2014.008 to Marana Town Code Chapter 10-6 (Special Events Permit) Discussion: In 2007, the Town Council added Chapter 10-6 relating to Special Event Permits to the Marana Town Code. Within the past year, staff from virtually all Town departments has participated in a comprehensive review and revision process regarding the special events ordinance. The goals of the review process were to streamline the special event permitting process, conform the process to the realities of doing business, and to take care to require permits for only those events that impact the Town and the health, welfare and safety of the Town's residents. Signi�cant proposed revisions to Chapter 10-6 include the following: 1. A revised de�nition of "special events." The current de�nition in the Code encompasses a wide array of events that may take place on private or town property and would therefore need a permit from the town. The new de�nition is more narrow and applies primarily to events that take place on Town property, such as in Town parks or on Town right-of-way (such as runs or bike races/tours). Some events that take place on private property will still come under the de�nition of "special events" if they involve alcohol (i.e. special event liquor licenses), require town services to a signi�cant degree, or involve a substantial deviation from the current legal land use of the property in question. 2. Less stringent timelines. The current Code provides that applications for special event permits must be submitted at least 30 days before most events and 60 days before "major events." Over the years, Town staff has determined that in most cases, staff does not need that much time to process applications. The revisions provide that staff will accept applications as long as staff has time to Regular Council Meeting - March 4, 2014 - Page 146 of 163 complete the review process. An expedited review fee will be charged for applications submitted less than 7 days before the event. 3. Clari�cation regarding the classi�cation of violations of Chapter 10-6. The current Code provides that some violations of Chapter 10-6 are civil infractions while others are criminal offenses. The revisions provide that all violations of Chapter 10-6 shall be civil infractions, rather than criminal. Most of the other proposed changes throughout Chapter 10-6 involve clean-up work for clarity, grammar, and better wording, rather than substantive changes. Financial Impact: None ATTAC H M E N TS : Name: Description: � Ord 2014.008 revisions to Chapter 10- Ord 2014.008 6 special events (00036946).doc � Reso 2014-025 declarinq Ch 10- 6 amendments as public record Resolution 2014-025 (00036955).doc � Exh Revisions to Chapter 10- 6 Special Event Permits Exh A to Reso 2014-025 (00036944).docx Staff Recommendation: Staff recommends approval of the revisions to Chapter 10-6. Suggested Motion: Type: Ordinance Resolution Exhibit I move to adopt Ordinance No. 2014.008, amending Town Code Chapter 10-6 related to special events, and to adopt Resolution No. 2014-025, declaring the amendments to Town Code Chapter 10-6 to be a public record. Regular Council Meeting - March 4, 2014 - Page 147 of 163 MARANA ORDINANCE NO. 2014.008 RELATING TO HEALTH AND SANITATION; AMENDING TO�JN CODE CHAPTER 10-6 (SPECIAL EVENTS PERMIT); RENAMING CHAPTER 10-6 AS "SPECIAL EVENTS"; AMENDING THE DEFINITION OF "SPECIAL EVENTS" AND OTHER DEFINITIONS; AMENDING PROVISIONS RELATED TO EXEMPTIONS TO THE SPECIAL EVENT PERMITTING PROCESS; AMENDING THE APPLICATION AND APPLICATION REVIEW PROCESSES; AMENDING PROVISIONS RELATED TO THE ISSUANCE OR DENIAL OF A PERMIT AND GROUNDS THEREFOR; AMENDING PROVISIONS RELATED TO CLASSIFICATION OF VIOLATIONS TO CLARIFY VIOLATIONS ARE CIVIL INFRACTIONS; ADDING NEW SECTION 10-6-11 RELATING TO PERMIT REVOCATION; RENUMBERING CHAPTER 10-6 THROUGHOUT TO CONFORM TO CHANGES; AND DESIGNATING AN EFFECTIVE DATE WHEREAS the Town Council is authorized by A.R.S. § 9-240 to define, abate and remove nuisances and to prevent, suppress and punish any riot, rout, affray, disorderly noise or disturbance in any public or private place within the town; and WHEREAS the Town Council adopted Ordinance No. 2007.18, adding Chapter 10-6 "Special Events Permit" to the Marana ToWn Code to provide fair and reasonable regulations governing the time, place, and manner in which a special event may take place, and to provide for the health, safety and welfare of the public and to assist the town and its appropriate officers in enforcing the applicable provisions of A.R. S. title 9 and title 3 6; and WHEREAS the Town Council finds that revising Chapter 10-6 of the Marana Town Code regarding special event permits as set forth in this ordinance is in the best interests of the Town and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TO�JN OF MARANA, as follows: SECTION 1. The title of Marana Town Code Chapter 10-6 is hereby renamed "Special Events." SECTION 2. The amendments to the Marana Town Code Chapter 10-6, 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 attached as Exhibit A to Resolution No. 2014-025 of the Town of Marana, Arizona, are hereby referred to, adopted and made a part of this ordinance as if fully set out here. Ordinance No. 2014.008 - 1 - Regular Council Meeting - March 4, 2014 - Page 148 of 163 SECTION 3. The following penalty clause is included in that portion of Chapter 10-6 amended pursuant to this ordinance: 10-6-10 Classif ication; enf orcement; continuing violations A. Whenever in this chapter any act is prohibited or declared to be unlawful, or the doing of any act is required, or the f ailure to do any act is declared to be unlawf ul, the violation of that provision is a civil inf raction. B. This chapter may be enforced in any manner provided for by town ordinances and state laws. C. Each day any violation continues shall constitute a separate offense. SECTION 4. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. SECTION 5. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. SECTION 6. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this . or inance. . SECTION 7. This ordinance shall become effective on the thirty-first day after its a option. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 4 th day of March, 2014. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Ordinance No. 2014.008 - 2 - Regular Council Meeting - March 4, 2014 - Page 149 of 163 MARANA RESOLUTION NO. 2014-025 RELATING TO HEALTH AND SANITATION; DECLARING AS A PUBLIC RECORD FILED WITH THE TO�►TN CLERK THE AMENDMENTS ADOPTED BY ORDINANCE NO. 2014.008 TO MARANA TO�JN CODE CHAPTER 10-6 (SPECIAL EVENTS PERMIT) BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TO�JN OF MARANA, ARIZONA, that the amendments to the Marana Town Code Chapter 10-6 (Special Events Permit), a copy of which is attached to and incorporated 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. PAS SED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TO�JN OF MARANA, ARIZONA, this 4 day of March, 2014. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Resolution 2014-025 Regular Council Meeting - March 4, 2014 - Page 150 of 163 EXHIBIT A TO MARANA RESOL UTION NO. 2 014- 025 Amendment to the Ma�ana Town Code, Chapte� 10-6 "Special Events Pe�mit" pu�suant to Ma�ana O�dinance No. 2014. 008 SECTION 1. Section 10-6-1 of the Marana Town Code is hereby revised as follows with added text shown with double underlinin� and deletions shown with r+r;�TO ,,,,+ +�: 10-6-1 Purp o s e; a^�� -� ^�° � The purpose of this chapter is to establish a process f or permitting and regulating certain temporary activities conducted on public property or private property when public safety is potentially impacted. This chapter is adopted pursuant to the authority of A.R.S. � 9-240, as amen�led, and is intended to provide f air and reasonable regulations governing the time, place, and manner in which a special event may take place, and in doing so, to provide f or the health� saf ety and welf are of the public and to assist the tc�wn and its appropriate officers in enforcing the applicable provisions of A.R.S. title 9 and title 36. � , .�i�� ' •� n n ra � ��r� � . � . // � � � ��Yl TA'�:T�1!'L�• • � • • • � / '�.1�1 LJ� V 1 �i��'�� 1��1��6°d ; . � �.. � ��«_�..� ■ !� - - - - - !:!_ .9'l�:1Ei . - - - - - -- - - - --. . � �.. . .---_ - •_- • � - - -. . . . . . � �.. . -. - �- � .---� , �.��«-�-..�� ....�s•.�•.s�.�.�.��....1.�•,.� � v:� . _ � �. . , ,. ,. . rs �-�� 1-, C�-. � 11 ��1�� arrirrr . . � ��z.� � . � i � r� � n�� c� �-� 4-v� � rt r � t r � r� �-c� n�- � t r j�r� �� -� n n n � 4-v� 4-v� �� n�-� • �- -- - - �---- J =r � �� rrrr�r� � � � �» -- - = --�'�7Z��'�� rCC�"�rCC�� . --- '------ -----J ----- --------------- -------- -- - ----- --------J --- - ---- ---- ----- _; � - - �1Z1Tr1�CCTr �-v� � � i c� � � c� � {00036944.DOCX / } 1 Regular Council Meeting - March 4, 2014 - Page 151 of 163 EXHIBIT A TO MARANA RESOL UTION NO. 2 014- 025 Amendment to the Ma�ana Town Code, Chapte� 10-6 "Special Events Pe�mit" pu�suant to Ma�ana O�dinance No. 2014. 008 - - - - --- - - - - - -- - - -- - -- - � ' � - - - - - � � - - . . - - . . � � � � � � � � � � .. � � � � � � � � r � � � � � � � � � � - - � � � � � � � � � � � � � � � � ' � ♦ � � � � � � � � � � � � � � � � � � � � SECTION 2. New section 10-6-2 entitled "Definitions" is hereby added to the Marana Town Code as follows and the sections that follow are renumbered to conform: 10-6-2 Def initions The following definitions shall apply throughout this chapter unless the context clearly indicates or requires a different meaning. A. "Permit clerk" means the town employee designated and authorized by the town manager to accept and process applications fc�r special events permits. B. "Person" means a corporation, firm, association, organ�zation, and any other group acting as a unit, as well as an individual. C. "Special event" means any of the fallawing: 1. Any indoor or outdoor public gathering or owned property, including public right-of-v� activities: a. Entertainment b. Dancing c. Music d. Dr e. Amuse productions �nts, f estivals or carni bration that uses town �or any of the f ollowing , f ood, c�r alcohol, including sidewalk sales g. Parades, walks, bicycle rides, runs, block parties or other events that will not comply with normal or usual traffic regulations or controls, or are likely to impede, obstruct, impair or interfere with the free flow of traf f ic 2. Any activity taking place on private or town-owned property that requires a state=issued special event liquor license. 3. Any activity taking place on private or town-owned property that, in the opinion of the town manager or designee requires town services to a degree significantly over and above that routinely provided under ordinary circumstances. 4. Any activity taking place on private or town-owned property that, in the opinion of the planning administrator, involves a substantial deviation f rom the current legal land use or legal nonconf orming use. {00036944.DOCX / } 2 Regular Council Meeting - March 4, 2014 - Page 152 of 163 EXHIBIT A TO MARANA RESOL UTION NO. 2 014- 025 Amendment to the Ma�ana Town Code, Chapte� 10-6 "Special Events Pe�mit" pu�suant to Ma�ana O�dinance No. 2014. 008 SECTION 3. New section 10-6-3 entitled "Exemptions" is hereby added to the Marana Town Code as follows and the sections that follow are renumbered to conform: 10-6-3 Exemptions The provisions of this chapter shall not apply to any of the f ollowing activities: A. School functions at school facilities. B. Ordinary and customary events at a venue designed to accommodate them. C. Events produced by the town. For purposes of this section, "events produced by the town" means events organized primarily by the town, and does not include events that the town merely supports, sponsors or promotes. SECTION 4. Existing section 10 - 6 -2 of the Marana Town Code (renumbered as section 10-6-4 by sections 2 and 3 of this ordinance), is hereby revised as fallows with added text shown with double underlinin� and deletions shown with �+r;'T° �„+ +�: 10-6-4 �9-C—� Permit required; non-transferable the town, �any person wishi event within the town must fi� issued until all conditions req and f ulf ille d. The maximum ni based upon the nature of the e the event wi11 take �Iace. B. All stiecial event tiermi SECTION 5. Existing 10-6-5 by sections 2 and 3 of t� with dauble underlinin� and de 10-�-5 �A-C--3 App: A. The applicant or t �written applicatio enou�h advance ti sho ng to operate, maintain or conduct a special �st c�btain a perrnit to do so. No permit shall be uired pursuant to this chapter have been met xmber of people permitted at any event will be vent and the physical capacity of the site where d pursuant to this chapter are non-transferable. -6-3 of the Marana Town Code (renumbered as section ce), is hereby revised as follows with added text shown wn with �+r� �ro �i i♦ ♦°v♦ • w��. ication process; f ees �e applicant's authorized representative shall submit 1 to the #�� ermit clerk on the form provided bv the . . T7 7 • � � 7 • � � 7 7 • � • • � 7 allow the town to complete its review process prior to _, . , _ _ . _ ,. _ . .,. _, _ determines there is insufficient time to complete the review process. B. Each application shall be accompanied bv anv applicable f ees as set f orth in the fee schedule approved bv the council and amended from time to time. Applications submitted less than seven davs before the event, if accepted for �rocessin� bv the town, shall be subiect to an expedited review fee as set forth in the fee schedule. {00036944.DOCX / } 3 Regular Council Meeting - March 4, 2014 - Page 153 of 163 EXHIBIT A TO MARANA RESOL UTION NO. 2 014- 025 Amendment to the Ma�ana Town Code, Chapte� 10-6 "Special Events Pe�mit" pu�suant to Ma�ana O�dinance No. 2014. 008 C�. The application �E ��'� �" �;' � � �rrrirrrzrr��r , shall contain the f ollowing f acts and inf ormation: 1. The name, __ , telephone number and mailing address of the person making the application. If the person makin� the application is actin� on behalf of an or�anization, the person shall also include the name of the or�anization and the title of the person makin� the application. The applicant mav �rovide the or�anization's mailin� address and telephone number in lieu of the applicant's own address and telephone number. 2. The address or legal description �� r r��-� 7�� of the place or premises where the proposed event is to be conducted, operated or carried on. 3. A description of the event, including activities, entertainment, and type of retail sal�s if applicable. 4. The dates and times f or which the permit is sought. 5. An estimate of the number of customers, spectatc�r� persons intended, calculated or expected to attend is conducted. 6. A site map or sketch showing the location of th� surrounding properties, the area to be used, the ac the location c�f any proposed facilities, p�.rking are� and other principal f eatures of the venue. ^I T /� � • .. 7 • . ��.7 /� � '� �i � 7 • � • A � � � - - �� - � � � � � _ �� . � � � � • / �..1 ll�<1 ll lil L��. \.V •�' 1 l l�< Ar �..V i l lt. y/ �..1 I�LJ 1 ./ 1 ��ll �Illr�� H1rll 1'�.11 • • 7 . .. . 7 • _ • ipated attendance, �, participants and other the event f or each day it property in relation to ess to the property and �, vending areas, stages �� G �� a ■ - � � � �iT�� . � � � � � � � � � � � � � � � � � � � � � � r � � � � � � � � � � � � � � � � �� v � � � � � � � � � � � � � � � � � � � �� r � � � � � � � � � � � � � � � � � � � � � � � � �� {00036944.DOCX / } 4 Regular Council Meeting - March 4, 2014 - Page 154 of 163 EXHIBIT A TO MARANA RESOL UTION NO. 2 014- 025 Amendment to the Ma�ana Town Code, Chapte� 10-6 "Special Events Pe�mit" pu�suant to Ma�ana O�dinance No. 2014. 008 SECTION 6. Existing section 10-6-4 of the Marana Town Code (renumbered as section 10-6-6 by sections 2 and 3 of this ordinance), is hereby revised as follows with added text shown with double underlinin� and deletions shown with r+r;�TO ,,,,+ �: 10-6-6 �-4 Annlication review ' ' s A. Procedure. Upon receipt of the application, the permit clerk shall circulate the application f or review bv the appropriate town departments and bv the Northwest Fire District. The departments shall review the application and mav reauire reasonable supplementation of the inf ormation in the application . _ __ __ if necessarv. The departments shall consider the f actors listed in this section . _ and mav impose permit conditions related to thes� factors or to the potential . _ _ _ impact of the event upon town resources. B�. Noise im acts c� The town shall evaluate nc�ise impacts related to the event and mav impose conditions related to minimizin� those impacts. � . , _ ,.,.. , . _ „ _, _. ,. ,.,.. , . � �� C�. Sanitation. � washing f durin� or recentac � � ' � � � � � � � � � �-� � � Adec�uate toilet and hand _ s �c��rrr�rrr�rrrrt,zrrri lities and trash receptacles shall be maintained at all times ►�ent. Th� town mav rec�uire the a�p�plicant to provide facilities s in addition to those existin� at the event site due to the antiei�aated maximum attendance and event duration � � ri �� r rt r� r T�t ��r �� r['�I��`�T --- r --- D�. Securi�y, The applicant may be required, at the applicant's expense, to provide se�urity serviees, and/ or extra-duty law enf orcement off icers f or event security, as determined by the chief of police. 1. In making the �Ietermination of the need f or security services, the chief of police shall consider the event nature, anticipated attendance, access to alcohol, ticket or money handling and any other factors deemed relevant. 2. If private security services are to be used, the chief of police must approve the security service provider and the security plan f or the event. 3. If extra-duty law enf orcement will be used, the town will coordinate the hiring of officers and the security plan preparation. {00036944.DOCX / } 5 Regular Council Meeting - March 4, 2014 - Page 155 of 163 EXHIBIT A TO MARANA RESOL UTION NO. 2 014- 025 Amendment to the Ma�ana Town Code, Chapte� 10-6 "Special Events Pe�mit" pu�suant to Ma�ana O�dinance No. 2014. 008 E�. Medical services. The applicant may be required, at the applicant's expense to furnish medical services to the event as determined b v Northwest Fire . District 1. Conditions which may warrant this requirement include the expected temperatures during the event, the nature of the event, expected attendance, age of the expected attendees, and accessibility of the event venue to emergency vehicles. 2. ��r � If inedical services are used at the event, the medical services plan shall be approved by the chief of police and Nc�rthwest Fire District. F�. Lighting. Eventr �r ^�� areas, sanitation facilities, parking areas and areas of pedestrian travel must be adeauatelv illuminated at all tirnes durin� the event bv existin� or additional li�htin�. The town mav rec�uire the applicant to submit a li�htin� �• , , llT7ll � �- ��• ��-��r ��rr��r�rr_ • - - -�- - - -� - G�. Parking. Adequate parkin� shall be provided for all special events, T�T;�-�,�„�- . 1. ��r � If temporary parking areas are to be used, the applicant must prepare and submit a parking layout and circulation plan �'� �" � �r�v�nr� � r-=r---=-- �r a�� -^ � f or approval by the town` s t�af f ic engineering division. 2. In temporary parking areas, all parking spaces shall be adequately marked and dust control measures shall be undertaken . H�. Traffic �ontrol. Th� a��plicant must provide �adequate vehicular access to the event venue s?� n?? '�� r^ �� r � � fc�r the general public and emergency - = 1---- - -- vehicles. 1. If the access points to the event venue mav present saf etv or capacitv concerns based on ' the expected ingress/egress traffi� volumes, temporary traffic control measures will be required. 2. Where temporary traffic control measures are to be employed, a traffic control plan must be submitted for approval by the town's traffic engineering division. . . . . . , ,� �l��r �r � i r � n�-�r � {00036944.DOCX / } 6 Regular Council Meeting - March 4, 2014 - Page 156 of 163 EXHIBIT A TO MARANA RESOL UTION NO. 2 014- 025 Amendment to the Ma�ana Town Code, Chapte� 10-6 "Special Events Pe�mit" pu�suant to Ma�ana O�dinance No. 2014. 008 �. Sales. All event vendors shall hold a current Marana business license��s ;��'„�� includin� the applicant if tickets to the event are to be sold. 1. All merchandise and ticket sales are taxable in accordance with the laws of the state of Arizona. 2. Tickets to an event shall not be sold prior to approval of the special event permit. 3. All f ood vendors shall also hold a current countv health department permit . _ _ ,. ,. , , „ . , , . ,. . , , , . , , _ , _ . ��. Insurance. A certificate of insurance an evidencin� insurance in the amounts and namin� the town of Marana as addition . . , . , , , . . itional insured endorsement, determined bv the town and . �red, shall be reauired if the ��nt�r7r� r�ar� nr �nt�rr� ri cr��_n�_ � 1. The amount and type of insurance required f or a special event shall be determined bv the town on a case by case basis�s . . . � . 2. �' i��s i��At a minimum� the applicant shall provide �roof of commercial �eneral liabilitv of $1,DOa,000 per occurrence and 3. Insurance certif icates and endors� ermit clerk prior to the event date. Oth�r reQuirements. A�p�plieants n reauirements necessarv to ensure that must be provided to the �-^� � reQuired to meet anv other ecial event is conducted in a saf e SECTION 7. New section 10-6-7 entitled "Permit issuance or denial; request for additional infarmation; review by town m�.nager" is hereby added to the Marana ToWn Code as follows and the sections that follow are renumbered to conform: 10-6-7 Permit issuance or denial; request f or additional inf ormation; review by town manager A. The permit clerk shall respond to the applicant within ten business days of the submission of a completed application. The permit clerk shall either issue the requested permit, with or without imposed conditions, request additional inf ormation f rom the applicant, or deny the permit. B. The applicant shall provide additional information within five business days of receipt of a request f or additional inf ormation f rom the permit clerk. C. If the permit is denied, the permit clerk shall provide written notice of the denial to the applicant. The notice shall include a statement of the reasons the {00036944.DOCX / } Regular Council Meeting - March 4, 2014 - Page 157 of 163 7 EXHIBIT A TO MARANA RESOL UTION NO. 2 014- 025 Amendment to the Ma�ana Town Code, Chapte� 10-6 "Special Events Pe�mit" pu�suant to Ma�ana O�dinance No. 2014. 008 application was denied and may be delivered by first class mail or electronic mail. D. If the applicant disagrees with a decision to deny a permit, the applicant may f ile a request f or reconsideration with the town manager within ten days of denial of the permit. 1. The town manager or designee shall issue a written decision to the applicant within f ive days of the receipt of the request f or reconsideration. 2. The decision of the town manager or designee is final and not subject to any further administrative review. SECTION 8. Existing section 10-6-5 of the Marana Town Code (renumbered as section 10-6-8 by sections 2, 3 and 7 of this ordinance), is her�by revised as follows with added text shown with double underlinin� and deletions shown with r+r; �TO �„+ �: 10-6-8 �9-C—� Grounds f or denial ��P� ie�� f�� a ' s ecial ��: A�. � �The applicant has this �chapter, includin� re�ardin� the event or a� I1C�.t1 �The ermit clerk may deny f the f ollowin� reasons cha ter.; B�. � �The proposed — — location not meeting th rules or regulatians of 1 regulatians adopted b� . _ , , _. ._ elf are of either the �nr�Arf�r _ t the ., itions imposed pursuant to . , , , . . . , . ,. . . iod set forth in thi nt is intended to be conducted in a manner or alth, zoning, f ire or saf ety standards established by :own, the lavv� of the state of Arizona� or rules and �y of its agencies, or the town f inds that that the >therwise be detrimental to the health, saf etv or .1 nublic or af nearbv residents or owners of nearbv C�. ��The applicant has ' made any f alse, misleading or f raudulent statement of material f act in the application f or permit or in any other document required pursuant to this cha ter.; D4. ��The applicant, his or her employee, agent or any person associated with the applicant as partner, director, officer, stockholder, associate or manager, has been convicted in a court of competent jurisdiction, by final judgment, of an offense: 1�. Involving the presentation, exhibition or perf ormance of an obscene production, motion picture or play, or of selling obscene matter; 2�. Involving lewd conduct; 3E. Involving the use of f orce and violence upon the person of another; 4�. Involving misconduct with children; or {00036944.DOCX / } 0 . Regular Council Meeting - March 4, 2014 - Page 158 of 163 EXHIBIT A TO MARANA RESOL UTION NO. 2 014- 025 Amendment to the Ma�ana Town Code, Chapte� 10-6 "Special Events Pe�mit" pu�suant to Ma�ana O�dinance No. 2014. 008 5�. An offense against the provisions of Arizona law respecting narcotics and dangerous drugs, or of any equivalent offense under the law of any other state which if committed in Arizona would have been a violation of the Arizona statutory provisions. E�. ��The scheduled date of the event conflicts with other previously scheduled events such that it will result in an undue impact on the town's resources and staff. F. The applicant is delinauent in pavment to the town of taxes, fees, fines or . �enalties assessed a�ainst or imposed upon the ax��licant in relation to or arisin� out of anv business activitv or previous s�aecial event of the applicant. G. The applicant has f ailed to applv f or or obtain aIl c�ther necessarv �ermits or licenses f or the special event. . , i_v°bz��rr�c ,-� r, .-. � .a r,1�1�6°b�l��l�� .-. � �-1-, r, � ,-� a-; .-. �-, Tl-, r, �-, .-. �-; ,-� r, �_ : .., . . , , _ _ _ ,. _ , _ , , . _ . , . , r,-„ , . _ . SECTION 9. Existing section 10-6-b of the Marana Town Code (renumbered as section 10-6-9 by sections 2, 3 and 7 of this ordinance}, is hereby revised as follows with added text shown with double underlinin� and deletians shown with ;+ r; �TO �„+ �: 10-6-9 � Waivers At the discretion of the tawn manager ^r a^�i�� application submittal requirements or permit canditian� may be waived. SECTION 10. Existing section 10-6-7 of the Marana Town Code (renumbered as section 10-6-10 by sections 2, 3 and 7 of this ordinance), is hereby revised as follows with added text shown with double underlinin� and deletions shown with �+r;�TO ,,,,+ �: 10-6-10 �8-� Classification; enforcement; continuin� �_violations, ' A. Whenever in this chax�ter anv act is prohibited or declared to be unlawful, or the doin� of anv act is reauired, or the f ailure to do anv act is declared to be unlawf ul, the vialation of that provision is ��r ��^ a civil inf raction . B. This chapter mav be enforced in anv manner provided for bv town ordinances and state laws �� -^ ��r �r� �-^ � ^� � � TITT - r �1-. � 11 l-,,, �,-Y,; � a,,,-Y,,, � �rr----- -- - -- ---- --=-r��r �. C. Each da an violation continues ��e-E��i�i$�� ^� � �Tr�T r -- � , shall constitute a separate offense. , • {00036944.DOCX / } 9 Regular Council Meeting - March 4, 2014 - Page 159 of 163 EXHIBIT A TO MARANA RESOL UTION NO. 2 014- 025 Amendment to the Ma�ana Town Code, Chapte� 10-6 "Special Events Pe�mit" pu�suant to Ma�ana O�dinance No. 2014. 008 SECTION 11. New section 10-6-11 entitled "Permit revocation; effect of revocation on prosecution" is hereby added to the Marana ToWn Code as follows: 10-6-11 Permit revocation; effect of revocation on urosecution A. In addition to anv other remedv available as a matter of law, violations of this . . chapter or of anv �ermit conditions mav result in revocation of a special event �ermit and the discontinuation or closin� of anv special event. B. Revocation of a special event permit shall not be a defense a�ainst prosecution. {00036944.DOCX / } 10 Regular Council Meeting - March 4, 2014 - Page 160 of 163 115 5 5 W. CIVIC CENTER DRIVE, MARANA, ARIZONA 8 5 65 3 Council Chambers, March 4, 2014, 7:00 PM To: Mayor and Council From: Jane Fairall, Deputy Town Attorney Strategic Plan Focus Area: Not Applicable Item A 5 Subj ect: Ordinance No. 2014.009: Relating to Offenses; amending Town Code Section 11-5-3 (Noise standards in the resort and recreation zone) to clarify a provision regarding noise standards for special events; and designating an effective date Discussion: This item is a companion piece to the previous item revising Chapter 10-6 of the Town Code regarding special events. There has been some confusion as to whether the noise standards in Chapter 11-5 of the Code, which specify certain acceptable decibel levels for noise in the town's resort and recreation zone, applied to special events or not. The revisions to Chapter 10-6 provide that in reviewing an application for a special event permit, the town shall evaluate noise impacts related to the event and may impose conditions related to minimizing those impacts. No speci�c decibel levels are deemed acceptable or prohibited. The revisions to Section 11-5-3 proposed in this item are intended to refer to the process set forth in Chapter 10-6 for special events and clarify that noise impacts will be evaluated pursuant to the special event permitting process, rather than pursuant to the noise standards set forth in Chapter 11-5 of the Code. Financial Impact: None ATTAC H M E N TS : Name: Description: � Ord 2014.009 revision to section 11- 5- 3 re. noise standards for special events ordinance 2014.009 (00035578).doc Staff Recommendation: Staff recommends approval of the revisions to Section 11-5-3 of the Code. Type: Ordinance Suggested Motion: I move to adopt Ordinance No. 2014.009, amending Town Code Section 11-5-3 to clarify a provision regarding noise standards for special events; and designating an effective date. Regular Council Meeting - March 4, 2014 - Page 161 of 163 MARANA ORDINANCE NO. 2014.009 RELATING TO OFFENSES; AMENDING TO�JN CODE SECTION 11-5-3 (NOISE STANDARDS IN THE RESORT AND RECREATION ZONE) TO CLARIFY A PROVISION REGARDING NOISE STANDARDS FOR SPECIAL EVENTS; AND DESIGNATING AN EFFECTIVE DATE WHEREAS the Town Council is authorized by A.R.S. § 9-240 to define, abate and remove nuisances and to prevent, suppress and punish any riot, rout, affray, disorderly noise or disturbance in any public or private place within the town; and WHEREAS the Town Council finds that the revisions to the Marana Town Code set forth in this ordinance are in the best interests of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TO�JN OF MARANA, as follows: SECTION 1. Marana Town Code Section 11-5-3 (Noise standards in the resort and recreation zone) is hereby amended as follows (with deletions shown with r+r;'T°�„+r and additions shown with double underlinin�) : 11-5-3 Noise standards in the resort and recreation zone [Paragraphs A through D remain unchanged] E. Exemptions. The following activities shall be exempt from these noise standards: 1. Special events pursuant to an approved special �se event permit. Noise impacts shall be evaluated and conditioned as part of the special �e event permit process as set f orth in chapter 10-6. [Subparagraphs E.2 through E.5 and paragraphs F through L remain unchanged] SECTION 2. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. SECTION 3. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. SECTION 4. 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 Ordinance No. 2014.009 - 1 - Regular Council Meeting - March 4, 2014 - Page 162 of 163 competent jurisdiction, the decision shall not affect the validity of the remaining portions of this . or inance. . SECTION 5. This ordinance shall become effective on the thirty-first day after its a option. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 4 th day of March, 2014. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney Ordinance No. 2014.009 - 2 - Regular Council Meeting - March 4, 2014 - Page 163 of 163