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HomeMy WebLinkAboutGladden Farms II Specific Plan Amendment 1Gladden Farms 11 Specific Plan PCZ -05028 110 SOUTH CHURCH, SUITE 6320 TUCSON, ARIZONA 85701 520.623.6146 fax 520.622.1950 www.azplanningcenter.com THE PLANNING CENTER Gladden Farms II Specific Plan Submitted to: Town of Marana 3696 West Orange Grove Road Tucson, Arizona 85741 Prepared for: FC/M Gladden II, LLC 333 East Wetmore Road Suite 250 Tucson, Arizona 85705 Prepared by: The Planning Center 110 South Church Suite 6320 Tucson, Arizona 85701 THE PLANNING CENTER Specific Plan Adopted March 7, 2006 Amendment Approval December 18, 2006 For clarification of material contained in this Specific Plan contact: The Planning Center 110 South Church Suite 6320 Tucson, Arizona 85701 Telephone: (520) 623-6146 Fax: (520) 622-1950 MAItANA ORDINANCE NO. 2006.03 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A REZONING TO CREATE THE GLADDEN FARMS II SPECIFIC PLAN. WHEREAS, The Planning Center represents the property owners of approximately 635 acres of land located within portions of Sections 34 and 35, Township 1 I South, Range I 1 East, as depicted on Exhibit "A" and Exhibit "B", attached hereto and incorporated herein by this reference; and, WHEREAS, the Marana Planning Commission held a public hearing on December 14, 2005, and at said meeting voted unanimously to recommend that the Town Council approve said rezoning, adopting the recommended conditions; and, WHEREAS, the Marana Town Council heard from representatives of the owner, staff and members of the public at the regular Town Council meeting held March 7, 2006 and has determined that the rezoning meets the criteria for a minor amendment to the General Plan, changing the land use designation from Medium Density Residential and Corridor Commerce to Master Planning Area, and should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. A minor amendment to the General Plan of approximately 636 -acres of land located within portions of Sections 34 and 35, Township 1 I South, Range I 1 East, east of the existing Gladden Farms development, south of Moore Road and north of the future Tangerine Farms Road (the "Rezoning Area"), changing the land use designation from Medium Density Residential and Corridor Commerce to Master Planning Area. Section 2. The zoning of approximately 636 -acres of land located within portions of Sections 34 and 35, Township 1 I South, Range I 1 East, east of the existing Gladden Farms development, south of Moore Road and north of the future Tangerine Farms Road (the "Rezoning Area"), is hereby changed from Zone "C" (Large Lot Zone) to "F" (Specific Plan) creating the Gladden Farms lI Specific Plan. Section 3. The purpose of this rezoning is to allow the use of the Rezoning Area for mix of residential densities and housing types, commercial uses and recreation and open space, subject to the following conditions, the violation of which shall be treated in the same manner as a violation of the Town of Marana Land Development Code (but which shall not cause a reversion ofthis rezoning ordinance): Marana ordinance No. 2006.03 Page I of 3 I . Compliance with all applicable provisions of the Town's Codes and Ordinances current at the time of any subsequent development including, but not limited to, requirements for public improvements. 2. The ultimate development proposed by this rezoning shall be consistent with the adopted development agreement. 3. The property owner shall not cause any lot split of any kind without the written consent of the Town of Marana. 4. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation or relieves the applicant or the land owner from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. Appropriate experts should be retained and appropriate federal and state agencies should be consulted to determine any action necessary to assure compliance with applicable laws and regulations. 5. The developer shall dedicate, or cause to have dedicated, the necessary rights-of-way for Moore Road and Clark Farms Boulevard with the recording of the final block plat or within 60 days of demand by the Town. 6. A water service agreement shall be submitted by the developer and accepted by the Utilities Director prior to the Water Master Plan being accepted by the Utilities Director. 7. A sewer service agreement shall be submitted by the developer and accepted by pima County Wastewater Management and the Town Engineer prior to the Sewer Master Plan being accepted. 8. Installation of dual water lines shall be required per the adopted Northwest Marana Area Plant. 9. Potential buyers shall be notified that some or all of the property in this rezoning is subject to an annual tax and assessment by Cortaro Marana Irrigation District and Cortaro Water Users' Association. 10. The developer shall record an avigation easement with the recording of the final block plat. 11. Upon adoption of the ordinance by the Mayor and Council approving the Gladden Farms 11 Specific Plan, the applicant shall provide the planning department with the following final edition of the Gladden Farms 11 Specific Plan: one non -bound original; forty bound copies; and, one digital copy in Microsoft Word or other acceptable format, within 60 days of the adoption. Section 4. All Ordinances, Resolutions and Motions and parts of Ordinances, Resolutions, and Motions of the Marana Town Council in conflict with the provisions of this Ordinance are hereby repealed, effective as of the effective date of Ordinance No. 2006.03. Section 5. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. Marana Ordinance No. 2006.43 Page 2 of 3 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 7'' day of March, 2006. Mayor Ed tinea ATTEST: o etyn rvnson, Town Clerk APPROVED AS TO FORM: , Town A Mamna ordinance No. 2006.03 Page 3 of 3 EXHIBIT "^- That part of Section 35, Township 11 South, Range 11 East, Gila and Salt River Meridian, Pima County, Arizona, lying South and West of the Southwest right of way line of the relocated Tucson-Picacho Highway, Federal Interstate Project 94, as it existed on May 15, 19517; EXCEPT THEREFROM the right of way for Moore Road, formerly Grier Road, over the North 30 feet thereof, as shown on the map recorded in Book 2 of Road Maps, Pages 126 through 129; AND EXCEPT THEREFROM the following two well sites belonging to Cortaro Water Users' Association: Marana Weil No. 13 That portion of the Southeast quarter of the Southeast quarter of Section 35, Township 11 South, Range 11 East, Gila and Salt River Meridian, Pima County, Arizona, particularly bounded and described as follows: BEGINNING at a point which is 62.5 feet Northerly and 25 feet Westerly from the Southeast corner of said Section 35; THENCE Westerly 62.5 feet from and parallel to the South boundary line of said Section 35, a distance of 26.8 feet to a point which intersects the Northeast right-of-way line of the Cortaro Water Users' Lateral No. 6-112; THENCE in a Northwesterly direction along the said right-of-way line of Cortaro Water Users' Lateral No. 6-112 a distance of 109.3 feet to a point; THENCE Easterly, 150 feet from and parallel to the South boundary line of said Section 35, a distance of 92.25 feet to a point; THENCE Southerly 25 feet from and parallel to the East boundary line of said Section 35, a distance of 87.5 feet to the POINT OF BEGINNING; Marana Well No. 14 That portion of the Southeast quarter of the Northeast quarter of Section 35, Township 11 South, Range 11 East, Gila and Salt River Meridian, Pima County, Arizona, particularly bounded and described as follows: BEGINNING at a point which is 938.65 feet Westerly and 50 feet Northerly from the East quarter corner of said Section; THENCE Westerly 50 feet from and parallel to the East and West center line of said Section 35, a distance of 135 feet to a point; THENCE Northerly 1073.65 feet from and parallel to the East line of the said Southeast quarter of the Northeast quarter of Section 35, 100 feet to a point; Exhibit A to Marana Ordinance 2006,03 THENCE Easterly 150 feet from and parallel to the East and West center line of said Section 35, 135 feet to a point; THENCE Southerly 938.65 feet from and parallel to the East line of the said Southeast quarter of the Northeast quarter of Section 35, 100 feet to the POINT OF BEGINNING; AND 'EXCEPT THEREFROM the following portion conveyed to Cortaro Marana Irrigation District in the Deed recorded in Docket 1968, Page 585: BEGINNING at a point on the North line of said Section 35, said point being South 89149`00" West, 591.06 feet from the Northeast corner of said Section 35; THENCE South 49°37'00" East along the Southwesterly right of way line of Interstate 10, 357.77 feet; THENCE South 49 ° 53'00" East, 419.03 feet to the East line of said Section 35; THENCE South 0 115'0 0" East, 32.81 feet along said East line; THENCE South 491153'00" West, 448.44 feet; THENCE North 49037'00" West, 386.97 feet to the aforesaid North line of Section 35; THENCE North 89149'00" East, 38.44 feet to the POINT OF BEGINNING; AND EXCEPT THEREFROM a strip of land 110 feet in width conveyed to the State of Ariozna, by and through its State Highway Commission in the Deed recorded in Docket 2003, Page 408 described as follows: BEGINNING at the point of intersection of the existing Southwest right of way line of the existing Casa Grande -Tucson Highway with the East line of Section 35, from whence the Northeast corner of said Section 35 bears Northerly 359.70 feet; THENCE North 49°53'00" West along said existing Southwest right of way line, a distance of 325.42 feet; THENCE North 49°37'00' West continuing along said existing Southwest right of way line, a distance of 229.27 feet, to a point on the North line of said Section; THENCE Westerly along said North section line, a distance of 169.15 feet; THENCE South 49°37'00" East 357.77 feet; THENCE South 491153'00" East 419.03 feet to a point on the aforesaid East line of Section 35; THENCE Northerly along East section line, a distance of 144.38 feet, to the POINT OF BEGINNING; AND EXCEPT THEREFROM the East 50 feet of the South 35 feet of the Southeast quarter of said Section 35, conveyed to Pima County in the Deed recorded in Docket 6411, Page 1237. Exhibit "B" The South 292.00 feet of the North 322.00 feet of the East 357.00 feet of the Northeast quarter of the Northeast quarter of Section 34, Township 11 South, Range 1 Y East, Gila and Salt River Meridian, Pima. County, Arizona. Exhibit B to Marana Ordinance 2006.03 MARANA ORDINANCF. NO. 2006.35 RELATfNG TO DEVELOPMR T; APPROVING AND AUTKORI ING A -9P CIFIC I`L.k AMENDMENT TO THE GLADDEN FARMS 11 SPECIFIC=. 1 LAK ] IE -REAS, The Glaaddun Farms 11 Speeific Plan �-as adopted bythe Marana Town Council Mar, -,h?, 2006 by Ordinance 2006.03; and, WHEREAS, The Planning CcntrT rcTrc% rtL�, 11LU PrL perm OW ef. of The Gladden Farm II p'ific Flta„ that roris st of app xjmatcly 636 a�:rc--q (A 1�1nd located witllirr p,al#icns of Scctions 34 wO 35,Township I I South, Range I East; and, WHEREAS, the Marana Planning Cornmissiori hdd a public bearing on No -%--ember 15, 20()6, and at girl rr eetine voted unanimously to rccornmcnd that the Town Council approve said amcndmmC adop inn the recomwAnded cmditioas, and, HF,R AS., the Manana Town Council heard from i-cprmcntalivr-s -Lif"the owner, staff and rnmbcr of the public at 11Ye regular Town Council mccting W4 D=mber 19, 2006, and has adctc uncd that the arounOrAerrit to the Gladden Farms ll Specific Plan s}ioWd be ap+pTov d, NOW, TUREFDRE,, BE PT ORDAINED by th-e Ma}roe and Counci] of the Towns of Maram Arizona, as folio a SEetlon 1. The Gladden Farms ll Specific plan's Land I. w Phn ils hci- llv.11I:V33d8dbar-Cba jiZthe land u r de -- i" io t for appsroxinsately $4 acr-cs, creming a new 8.8 w Tv, b (,C.k,dCWgaM "park" Hnd modif+r-irig the configuration ofsorne of the proposed blocks duc to changes in the lo:-A.iran timi :g3F�i inn■g of &cpropo�a5d roadway systern, as depicted in the sp fic plan. amendment., atlarbcd as Sec1#on I The Transitional Zanc ) atxl Comnatraial Zkyne. (C) pemitted uses oaf the Gladden Farms Il Specific Plan arc hereby amen , Rw the Commercial. Zone is hereby amended to allow a maximum hcight of 00 Beset for a ho5pi tal building -within Block 29 and the newly created Park (P) designation and permitted uscshavebccn added icy the Glad&n Furnzi 1I Specific Flaw as depicted in the specific plan amendment, attachod .as Exhibit "B." SecUotk 3. The pnrrpose of this specific plan anrcrrdmait is to modify the site to create a morc subtle transition from midemial to a more intense commercial arca that could develop lo the mgt (hictothe proximity to [nterstate 10, subject to the following conditions, the via]a#ioriofwhiv-b 5:411 tmPtrel in the same manner as a violation of the Town of Iona Land Dcvckqrnmt Cudc aR � hick shall not cause a reversion of this rczoning ordinance); MmwoC1vdinmc4!'Nm 2M6.35 Page 1 of 2 i , All of the rezoning conditions of Ordhmn= 20M.03 rc ain applicable to ihis,project cxocpt for any conditions that have been modified by this arnendraaent. In which case the niodif*ied c.onditions will take pros-edenoc. 2. Compliancc with al I applicablc provisions of tke town's Codes. and Ordinanocs current at the timi; of any suWcqucat do opmout incIudin& but not limitod to, rcquircmcnts for publlo iarrVmvcments. 3_ The ultimate dvveI"ent propwoW by this rczoning "11 ba cKnsiskmt with the adorft l Devolopinimt A cnt u am cd, 4_ No afprovat, permit or authorlratioh by tht Town of Mara= autherim violation of any leder or slate law or regulation or rclicvc-s the applicant or the land OWFIcr fiam respoanssihi lity to en.wTc compliancc with all alppl cable feral and stats~ laws and regulations, imiudir«g the EndPnger Spa ics Act and the Clean Water Act, Appropriate experts. sbx dd Tia wtainod and appropriate fed" and state agencies should be oanstxlted to detmmine any motion ar emsary to assure compliance with applicable laws and regmiations. 5, Tho Duvcloper shall dcdicate, or cause to have dedicated, thr, noc000ry riga s4s f way for Moore road and Clary Farms Boulevard as agreed upon in the D relopn�mt Agmemtflt. The Developer will continue to wofk with El Parma NaturW Gas regarding pips liinr� issues. All issues must be resolved prior to irgnro a eent hl�wand or RW Plitt bcin,g approwcd, 7. Upan adoption ofthe Minanoo by tbo Ma 3w and Councj I approving the Gladden Farms 11 Specific Play &nendment, the applicant shall proviadc the pl&u&kg department with the following fiord fition of the revised Gladden Fars I1 Specific Plan: one non -bound originml, forty bound copies; and, one digjtal copy in Microsoft Word or eta ptable Rmatf vdihin sixty days of the a,dopti,on. Section 4, All Ordinances R lutions and Motions and parrs ,of 0rciftm rte, Resolutionsti Arid Motions of the Mama Town Council is conflict with the pprovisioans of this Qrdinace hereby re eWod, effmtivc as of the oficotive date ofOrdirance No_ 2006.35. Sectiioia :5-� if any section, subsection, seritmm, olausr, phrase or portion of this Orth umce is for any recon held to be invalid or tan n-htutlonal by the decision of any court of competent juti:;dictii0n. such decision "I not affW tho validity of the remaining portions hftwf PASSED AND ADOPTED by the Mayon and Cakweil o1'ibe Town ofMarwiaa., Adzma, this Vh day of Member, 20L*. • • Lei ATTEST, 4r l® - J cclyn, BronN n, Town Cl urk M-1- C7r mama Na 203555 , Ed H Marr Pagc 2 oft Ex" Ial-r A6 N I -7 .�:r -�n WAW IC 34 IA 13 SAC aM41 % wk * dw2-jG LEGEKO IrnM MWA54ft%VOEIATCHM $PC" WIAf FWAYDEDIPCHED MGM SAMLFI�LVOEWNTCHM RM - NiM COOB" WbW WrVL I* - rdwnarm • OMM RAM lLlk M I Ar Ik 17 Development Plan ExMbft ILF-I,. UvW V&& CorpoW Plan I I THIE PLANNNO CEN7ER N lilt k N I -7 .�:r -�n WAW IC 34 IA 13 SAC aM41 % wk * dw2-jG LEGEKO IrnM MWA54ft%VOEIATCHM $PC" WIAf FWAYDEDIPCHED MGM SAMLFI�LVOEWNTCHM RM - NiM COOB" WbW WrVL I* - rdwnarm • OMM RAM lLlk M I Ar Ik 17 Development Plan ExMbft ILF-I,. UvW V&& CorpoW Plan I I THIE PLANNNO CEN7ER p-AdAl=— 2 4PAP 2 Gladden Fams Spoelfic Plan LSOCI Uee Coftepi Development Plan E&ickGruss Awes ge Not Acreage Dosignalion 7amel Unit A 20.7 SFD-6 104 28 28.7 27 36.S 31.1 HOFS 218 28 30.9 267--- TR 514 29 .63.9 66-5 c NIA 30 45.7 29-6 SFD-7 134 91 24.8 20.9 SFD-6 106 32 8-8 6.;u p NUA 25.1 SFD4 126 34 31-9 22.9 25.15 c sr -D-9 WA Im 35 n5 X1 20.5 HDR 144 36 37 43.3 3207 HDR c 229 WA 3B 412 321 Targel Units: smgls4armly unft: VO Irmdwoual units -of muRI-family hou$irkg.OyeraI I Density -4 RAC KEY: SF"-- Sjroks�Farniily Deudmmd SF -D-7: &rKjWForrmIy Detar,� SFV -6- Sir Family Detached HDR; High Density Residential TR- 7ransffiwal C: comworOw P- Park 48-2 32.4 SFDL7 146 40 31.2 25.6 HOR H F 180 142 41 32.0 20.2 42 -36.4 :28.5 HOR 200 43 40.5 30.0 c NA 44 2.3 030.3 1,.4 486-3 TR 01 `Molal Acres Open SpaGe Owlay ZonpdDrainape% I 721 I I I I Roads 75-84 1 1 1 Targel Units: smgls4armly unft: VO Irmdwoual units -of muRI-family hou$irkg.OyeraI I Density -4 RAC KEY: SF"-- Sjroks�Farniily Deudmmd SF -D-7: &rKjWForrmIy Detar,� SFV -6- Sir Family Detached HDR; High Density Residential TR- 7ransffiwal C: comworOw P- Park Development Regulations 5. Transitional Zane (TR) a. Flemit Uses • Any Use LIeIed iii F-kg'h Density R.�!Miorllial- ■ PrpfeSuU�n:�I(P(Rdit;44 General Office • I ntal and Megical OffiGe ar CIinpr, * Per rial Smicer. * GovernmefliuPublic Sefrice Facilites Retail and Wholesale Uses` Restaurant acid Food era ce` • Model Horne Bates Center 'Sirx�e-Farnily Resirlential Attiachadand Multl-I amily notallcmffid in Block `Not allowed in Black 2144 a. Accass&y Uses Carports ana Garages ■SvArriming Pnola, Spas, Arid Cher Releled �541FreS ■ Tenni5 courks .9. dyer Uses * child care- facililier, * Group NmEn * Edu cat rinat facll ihas * RHI.- hank and Food Servioc with arive-thru service �etrek�pm�nt �tandar�5—F�e�idenki�l r Sea High Density R itirdial Minimum Sita Arman: Nkme Maximum Lot raige: 3:5% • Minnum Setbacks o Front {Strom: 25 feet v gide N feet v Rear, 20 feet o Adjacent to regiClenfial lend use designation- h foot for every foot in buildi% height, Half of the ,setback shall. be IandscaW. minimurn 25- bait selbac.k with a min irroum 11:5-fr ct landscape Ibulfar * Maximum Building Haight: 5,0 f,eeel..+ - May not exceed 30 feet in Black 2444. Development Regulations Commercial � ) a ParmMed Uses ■ Binks and Financial I nstitumuns ■ Protea —q onht+ General Offlon Den`.al and rMledical Q five rar Qii 9 ■ Rosta ura 111. (including carry-vuk and drive-thru) ■ Reta d and Wholesals Uses ■ Recreational Personal -Service5 GovefnmentlPubIic Service Facdili Rmigious Uses safe Im�r�e15 ■ �ri�rta S#�o�l� ■ Laundromats ■ Home Imlprovemant Centers ■ Pei and PM Supply slor.9s ■ Thealers, rrvt including driw�—ins • filed HpdMcamEOa0W F " i ' ' inirfoaft A divowej land"! o Suraiical Caeni o End+ CerYter' o $Paclalty H,ispilal' o Er pruwir COf$ Cenler' o UmerLt ire Cenler• a Pttal Therapy` FmhaNktation Center, Eytandafj Care Fauilt5r` o Home Hwdth -�erYice' o €birthing meter` cL_ Health Mai L14gn nc* Qrgni an or 5jrWar Direct Care Providar- c Outpaticmit I rnal�lnn or Teswrl Cantar■ # rnarient emergency dies21 fuel QtQM92 in omiuriation uifh Q__ .P !i Structures' o O hM hospital related uses subreg to aorwaval by the Planning ES+rA Of r Automobile Sales' • Personal Storage' • LodGON Fadl tlias■ 'These uvea only allowed in 6k ?? b. Cone*06,p' U-sez ■ Aut nmblle Smloa Statior►s Cav Washes 11, Park Development Regulations ■ Convenience Ston ■ M ultiFamihy Residental o_ ue"nvnf SundanJs Mirilmum SIte Area: Ume Maximum Lot CMerage: 35■ Wimurn Site Sett}arks Fronk (Street) Z5, feel r Side: 20 keot �r Frear. 20 feet L Adjacent Icy residentak 40 feet ■ Maximum Building Height- 50 fit Faiaxirnurn HQwital Uuillbg HSC: 80 feet .ii rain. Separaimn. Per bulking Code F34WMU&d Uses • COQ Bark ■ pl@' Eauipmaryl • gd;35 -arid Picnic TO Recrcationf&L%x5 Trails Wat.r SnIashr Perm PI Table of Contents I . Introduction A. Specific Plan Summary............................................................................................................1-1 B. Location....................................................................................................................................1-1 C. Authority and Scope.................................................................................................................1-1 D. Legal Description.....................................................................................................................1-5 11. Development Capability Report A. Introduction..............................................................................................................................11-1 B. Existing Land Uses.................................................................................................................II-3 1. Existing On -Site Land Use and Zoning.......................................................................II-3 2. Existing Conditions on Properties within a'/4 Mile Radius...........................................11-4 C. Topography and Slope...........................................................................................................11-9 1. Hillside Conservation Areas........................................................................................11-9 2. Rock Outcrops.............................................................................................................11-9 3. Slopes of 15% or Greater............................................................................................11-9 4. Other significant Topographic Features......................................................................11-9 5. Pre -Development Cross-Slope....................................................................................11-9 D. Hydrology............................................................................................................................. II -11 1. Off-site Watersheds...................................................................................................11-11 2. Off -Site Watershed Features.....................................................................................11-11 3. Pre -Development On -Site Hydrology........................................................................11-11 4. Existing Downstream Conditions...............................................................................11-12 5. Section 404 Permit....................................................................................................11-12 E. Vegetation............................................................................................................................ II -15 1. Vegetative Communities and Associations on the Site.............................................11-15 2. Significant Cacti and Groups of Trees and Federally -Listed Threatened or Endangered Species..............................................................................................................11-15 3. Vegetative Densities..................................................................................................11-15 F. Wildlife.................................................................................................................................. 11-20 1. Presence of State -Listed Threatened or Endangered Species.................................11-20 2. High Densities of a Given Species............................................................................11-20 3. Aquatic or Riparian Ecosystems................................................................................11-20 G. Soils and Geology................................................................................................................ 11-21 1. Soils..............................................................................................................11-21 2. Geologic Features.....................................................................................................11-21 H. Environmental Resources.................................................................................................... 11-23 1. Viewsheds............................................................................................................................ 11-23 1. Viewsheds Onto and Across the Site........................................................................11-23 2. Visibility from Adjacent Off -Site Uses........................................................................11-23 J. Traffic Circulation and Road System................................................................................... 11-30 1. Existing and Proposed Off -Site Streets.....................................................................11-30 2. Existing Access and Rights-of-Way...........................................................................11-30 3. Roadway Improvements............................................................................................11-32 4. Intersections..............................................................................................................11-32 5. Alternate Modes........................................................................................................11-33 K. Recreation and Trails........................................................................................................... 11-33 1. Open Space, Recreation Facilities, Parks, and Trails...............................................11-33 L. Cultural Resources............................................................................................................... 11-36 t%'% Gladden Farms II COO Specific Plan Table of Contents 1. Location of Resources On-Site..................................................................................11-36 IV -1 2. Letter from the Arizona State Museum......................................................................11-36 IV -1 M. Existing Infrastructure and Public Facilities........................................................................ 11-38 1. Sewer..............................................................................................................11-38 IV -1 2. Fire Service..............................................................................................................11-38 IV -1 3. Water..............................................................................................................11-43 IV -2 4. Schools..............................................................................................................11-46 IV -2 5. Private Utilities...........................................................................................................11-48 IV -4 N. McHarg Composite Map...................................................................................................... II -48 III. Development Plan IV -1 A. Purpose and Intent.................................................................................................................III-1 IV -1 B. Objectives of the Specific Plan..............................................................................................111-1 IV -1 C. Relationship to Adopted Plans..............................................................................................III-2 IV -1 D. Compatibility with Adjoining Development............................................................................III-2 IV -1 E. Land Use Concept Plan.........................................................................................................III-3 IV -2 F. Grading Concept....................................................................................................................III-8 IV -2 G. Post Development Hydrology................................................................................................III-8 IV -4 H. Environmental Resources......................................................................................................III-8 IV -6 I. Viewsheds..............................................................................................................................111-8 IV -8 J. Circulation Concept Plan.......................................................................................................III-8 IV -10 K. Landscape Concept............................................................................................................ III -11 L. Open Space, Recreation, Parks and Trails Concept......................................................... III -11 M. Cultural Resources............................................................................................................ III -14 N. Infrastructure and Public Facilities...................................................................................... III -14 1. Sewer.............................................................................................................III-14 IV -15 2. Fire Service.............................................................................................................III-14 IV -17 3. Water.............................................................................................................III-14 4. Schools.............................................................................................................III-14 5. Private Utilities..........................................................................................................III-15 IV. Development Regulations A. Purpose and Intent................................................................................................................ IV -1 B. General Provisions................................................................................................................ IV -1 1. Applicability of Town of Marana Land Development Code ........................................ IV -1 2. Building Code............................................................................................................ IV -1 3. Additional Uses.......................................................................................................... IV -1 C. Development Standards....................................................................................................... IV -2 1. Single -Family Detached 8 (SFD-8)............................................................................ IV -2 2. Single -Family Detached 7 (SFD-7)............................................................................ IV -4 3. Single -Family Detached 6 (SFD-6)............................................................................ IV -6 4. High Density Residential (HDR)................................................................................ IV -8 5. Transitional Zone(TR)............................................................................................. IV -10 6. Commercial (C)....................................................................................................... IV -11 7. Park............................................................................................................IV-13 8. Commercial (C)....................................................................................................... IV -14 D. Design Standards................................................................................................................ IV -15 1. Town Enforced Residential Design Standards........................................................ IV -15 2. Design Review Committee Enforced Residential Design Standards ...................... IV -17 t%'% Gladden Farms II ii COO Specific Plan Table of Contents Appendix A. 3. Town Enforced Commercial Design Standards....................................................... IV -18 2. 4. Design Review Committee Enforced Commercial Design Standards ..................... IV -19 4. 5. Streets............................................................................................................IV-20 Open Space Trees.........................................................................................................2 6. 6. Open Space............................................................................................................ IV -21 1. 7. Landscaping............................................................................................................ IV -22 3. 8. Monumentation........................................................................................................IV-24 Accents...................................................................................................................4 9. Signs............................................................................................................IV-24 10. Walls and Fencing................................................................................................... IV -26 11. Signs............................................................................................................IV-26 12. Walls and Fencing................................................................................................... IV -28 V. Implementation and Administration A. Purpose.................................................................................................................................. V-1 B. Proposed Changes to Zoning Ordinance.............................................................................. V-1 C. General Implementation Responsibilities.............................................................................. V-1 D. Development Review Procedure........................................................................................... V-2 E. Design Review Process......................................................................................................... V-2 F. Phasing................................................................................................................................... V-3 G. Specific Plan Administration.................................................................................................. V-3 1. Enforcement............................................................................................................... V-3 2. Administrative Change............................................................................................... V-3 3. Substantial Change.................................................................................................... V-4 4. I nterpretation.............................................................................................................. V-4 5. Fees............................................................................................................... V-4 6. Annual Report............................................................................................................. V-4 Appendix A. Tree Palette................................................................................................................................1 1. Arterial and Collector Street Trees.................................................................................1 2. Local Street Trees..........................................................................................................1 3. Orchard Trees................................................................................................................1 4. Mesquite Bosque Trees..................................................................................................1 5. Open Space Trees.........................................................................................................2 6. Palm Trees...................................................................................................................2 B. Shrub Palette..............................................................................................................................3 1. Ornamental Grasses......................................................................................................3 2. Shrubs...................................................................................................................3 3. Ground Covers...............................................................................................................3 4. Accents...................................................................................................................4 List of Exhibits 1. Introduction Exhibit 1.B.1: Location and Vicinity Map Exhibit 1.B.2: Regional Map ................... 1-3 1-4 t%'% Gladden Farms II iii COO Specific Plan Table of Contents II. Development Capability Legal Description.............................................................................................. Exhibit ILA: Development Context.................................................................................................II-2 Appendix B: Exhibit II.B.2.a: Existing Zoning......................................................................................................II-5 B-1 Exhibit II.B.2.b: Existing Land Use.................................................................................................II-7 Citizen Participation Plan.................................................................................. Exhibit II.C: Topography............................................................................................................. II -10 Exhibit II.D.1: Off -Site Hydrology............................................................................................... II -13 Exhibit II.D.2: On -Site Hydrology............................................................................................... II -14 Exhibit II.E.1: Vegetative Communities and Densities.............................................................. II -16 Exhibit II.E.2: Arizona Game and Fish Department Letter........................................................ II -17 Exhibit II.G.1: Soil Associations................................................................................................... II -22 Exhibit 11.1.1(a): Photo Key Map................................................................................................... 11-24 Exhibit 11.1.1(b): Site Photos........................................................................................................ 11-24 Exhibit 11.1.2: Areas of High Visibility............................................................................................ II -28 Exhibit II.J.2: Existing and Future R.O.W................................................................................... II -31 Exhibit II.K.1: Open Space, Trails, and Recreation.................................................................... II -35 Exhibit II.L.2: Arizona State Museum Letter............................................................................... II -37 Exhibit II.M.1.a: Existing Sewer................................................................................................... II -39 Exhibit II.M.1.b: Sewer Capacity Letter....................................................................................... II -39 Exhibit II.M.2: Fire Service........................................................................................................... II -42 Exhibit II.M.3.a: Existing Water Lines and Wells........................................................................ II -44 Exhibit II.M.3.b: Water Service Letter......................................................................................... II -45 Exhibit II.MA: Schools................................................................................................................. II -47 Exhibit II.N: Composite Map........................................................................................................ II -49 III. Development Plan Legal Description.............................................................................................. Exhibit III.E.1: Land Use Concept Plan.........................................................................................III-6 Appendix B: Exhibit III.E.2: Land Use Designation Map...................................................................................III-6 B-1 Exhibit III.E.2: Land Use Designation Map...................................................................................III-7 Citizen Participation Plan.................................................................................. Exhibit III.F: Circulation Concept Plan....................................................................................... III -10 Exhibit III.K: Open Space Concept Plan.................................................................................... III -13 Appendix Appendix A: Legal Description.............................................................................................. A-1 Appendix B: Plant Palette...................................................................................................... B-1 Appendix C: Citizen Participation Plan.................................................................................. C-1 Appendix D: Design Review Application............................................................................... D-1 AppendixE: Definitions......................................................................................................... E-1 Appendix F: Development Agreement.................................................................................. F-1 t%'% Gladden Farms II iv COO Specific Plan I. Introduction Introduction A. Specific Plan Summary The Gladden Farms II Specific Plan establishes comprehensive guidance and regulations for the development of approximately 636 acres located in Marana, Arizona. The Specific Plan establishes the development regulations, programs, development and design standards required for the implementation of the approved land use plan. The Specific Plan also provides the parameters to implement the Land Use Plan by establishing policies and regulations that will replace and supersede the current property zoning and other Town development regulations. The Plan is regulatory and adopted by ordinance. The authority and preparation of Specific Plans is found in the Arizona Revised Statutes, Section § 9-461.08. The law allows the preparation of Specific Plans based on the General Land Use Plan, as may be required for the systematic execution of the General Land Use Plan, and further, the law allows for their review and adoption. This specific plan is consistent with the Marana General Plan approved and adopted on March 11, 2003 as authorized by public vote in accordance with the Growing Smarter Plus Act of 2000. The Specific Plan is a tool used to implement the Town of Marana General Plan and the Northwest Marana Area Plan at a more detailed site-specific level for a focused area. The Specific Plan articulates the planning considerations for such parcels and imposes regulations or controls on the use of such parcels. Gladden Farms II will be designed to accommodate growth in this area, and at the same time, respect its agricultural and cultural history. Future demand for housing will continue to increase in this area. This specific plan will provide commercial, residential (may not exceed 2,345 single- and multi -family units combined), and open space areas to support the greater Northwest Marana community. B. Location The Gladden Farms II Specific Plan lies in the Urban Southeast planning area of the Town of Marana according to the Northwest Marana Area Plan. It is bounded by the Postvale Road alignment and Gladden Farms I on the west, the Tangerine Road alignment on the south, Moore Road on the north, and the Patton Road alignment on the east. Gladden Farms 11 combines two parcels: the larger 634 -acre parcel and the 2.3 -acre parcel in the northwest corner. The larger property is located in Section 35 of Township 11 South, Range 11 East and the small property is located in Section 34 of Township 11 South, Range 11 East. C. Authority and Scope The authority for the preparation of specific plans is found in Arizona Revised Statutes, Section § 9-461.08. State law allows the preparation of specific plans based on the general plan, as may be required for the systematic execution of the general plan. Town of Marana Ordinance 87.22 provides the uniform procedures and criteria for the preparation, review, adoption and implementation of specific plans in Marana. (1n Gladden Farms II 1-1 COV Specific Plan Introduction Pursuant to these state statutes and Town of Marana Ordinance 87.22, a public hearing will be conducted by the Town Planning Commission and the Town Council after which the Specific Plan Ordinance may be adopted by the Town Council and become effective. (1n Gladden Farms II 1-2 M5 Specific Plan Introduction Exhibit 1.13.1: Location and Vicinity Map Legend NORT"� THE C3Specific Plan BoundaryCj. PLAN N I N G [:]Township, Range, Section Lines CENTER Note.- The site is located in Township 11 South, Range 77 East, Sections 34 and 35. Parcel IDs: 217-54Q70F and 217.53-OOSJ (1n Gladden Farms II COV Specific Plan IP } FC043 e.vcaUvas �elFrofrctalGraphlc�tG18tFG0.731Lncatlon 0 3000 Feet 1-3 Introduction Legend NOWN THE PLANNING Specific Plan Boundary �._ _ %' 000 CENTER Marana Town Limits PwJ«u FCD13 I-vcatbn: I:IPrnJacplGraphlwlW SIFC0.'19ttQv�oad Pima County 0 9000 Feet Map Gladden Farms II I-4 00 Specific Plan Introduction D. Legal Description See Appendix A: Legal Description (1n Gladden Farms II 1-5 COV Specific Plan II. Development Capability Report Development Capability Report A. Introduction The primary purpose of the Development Capability Report section of the Gladden Farms II Specific Plan is to present the opportunities and constraints of various physical components existing on the property. The synthesis and analysis of the existing characteristics can then provide a means whereby development occurs in a sensitive and responsive manner to the physical conditions of the site. The Development Capability Report follows the Town of Marana requirements provided in 05.06.02(D) Specific Plans Application of the Town of Marana Land Development Code. Pursuant to such requirements, the following physical components of the site were compiled to assess the suitability of the property before development: ■ Existing Land Uses; ■ Topography and Slope; ■ Hydrology; ■ Vegetation; ■ Wildlife; ■ Soils and Geology; ■ Environmental Resources; ■ Viewsheds; ■ Traffic Circulation and Road System; ■ Recreation and Trails; ■ Cultural Resources and ■ Existing Infrastructure and Public Facilities. Northwest Marana is growing rapidly and there are a number of existing and approved developments in proximity to the proposed Gladden Farms II Specific Plan including the new Town of Marana Municipal Complex. Approved specific plans include Rancho Marana Specific Plan (both east and west) Marana Gardens Specific Plan, and Sanders Grove Specific Plan. The Tangerine Commerce Park Specific Plan is currently under review. Existing developments in the area include Honea Heights, Rillito Vista, Mulligan's Acres, and Happy Acres. San Lucas, Gladden Farms I, Vanderbilt, Fianchetto Farms, Rancho Marana 154, Farm Field Five, and Payson Farms are in various stages of development. See Exhibit ILA: Development Context. t%n Gladden Farms II II -1 COO Specific Plan Development Capability Report Exhibit ILA: Development Context Lund 0 Gladden Farms 11 Specific Plan Boundary W Rancho Marano East Specific Plan 0 Sanders Grove Specific Plan =Tangerine Commerce Park Specific Plan ® Marana Gardens Specific Plan Rancho Maid na Wewt Specific Plan Proposed or Existing Development /V Streets t%n Gladden Farms II CIO Specific Plan NORTH THE T~, PIANNING L CENTER PmjeCG FCD -13 LocM.lont I�IPIaJotl84GraphlCilGltiVCFt�DaYwopmon! 0 5000 Feet W" Development Capability Report B. Existing Land Uses This section of the Development Capability Report identifies the following: existing zoning, land uses and structures within the site; existing zoning, land uses and structures on surrounding properties; and other proposed development in the project vicinity. 1. Existing On -Site Land Use and Zoning The subject site consists of approximately 636 acres that has historically remained undeveloped and used for agricultural purposes except for two farm homesteads and one house on the northwest parcel. The first home is located on the southern edge, the second home is located along the western boundary of the property, and the house on the northwest parcel is currently being used as the sales center for Gladden Farms I. Several storage buildings exist on the larger parcel, in addition to the two homes. Photo 10: Existing residence in the northwestern quadrant of the property. t%n Gladden Farms II II -3 COO Specific Plan Development Capability Report The site is currently zoned for C (Large Lot Zone) according to the Marana Land Development Code. Zone C allows residential, commercial, industrial, and quasi -public uses at a density of one unit per 25 acres. 2. Existing Conditions on Properties within a'/4 Mile Radius a. Zoning Zoning within a'/4 mile radius of the project site consists of: Table 3: Zonina within'/4 Mile Radius See Exhibit II.B.2.a: Zoning t%n Gladden Farms II II -4 COO Specific Plan Specific Plan — Rancho Marana West (undeveloped mix of North residential, commercial, office, public, and recreational uses). South C (Large Lot Zone); D (Floodplain). E (Transportation Corridor); B (Medium Lot Zone); C (Large Lot East Zone); and LI (Light Industrial). Gladden Farms I (R-6 (Single -Family Residential); R-7 (Single -Family Residential); R-8 (Single -Family Residential); R-144 (Residential); VC West (Village Commercial)); and D (Floodplain). All zones are under construction with the exception of Zone D and Village Commercial. See Exhibit II.B.2.a: Zoning t%n Gladden Farms II II -4 COO Specific Plan Development Capability Report Exhibit II.13.2.a: Existing Zoning Legend Specific Plan Boundary A Small Lot Zone AG Agricultural B Medium Lot Zone . C Large Lot Zone 1— 0 Designated Floodplain Zone F - E Transportation Corridor Zone t%n Gladden Farms II COO Specific Plan F Specific Plan LI Light Industrial R-144 Single Family Residential R -S Single Family Residential R-7 Single Family Residential _ R•B Single Family Residential VC Village Commercial NORTH THE PLANNING A GFNTFR rfele p FCD43 Leuawa IMroja ta'-Gmphics GIBWCCkl3%ZonIng-Dffilto 0 2000 Feet 11-5 Development Capability Report b. Existing Land Use The project site is surrounded by vacant, agricultural land to the north and east. Gladden Farms I to the west is currently being constructed for residential purposes. The Tangerine Road Landfill, a gravel pit, and vacant land are to the south. Table 4: Land Uses within a'/4 -Mile Radius See Exhibit II.B.2.b: Existing Land Use t%n Gladden Farms II II -6 COO Specific Plan Vacant -- future residential and commercial (Rancho Marana Specific North Plan has been approved). South Vacant —Tangerine Road Landfill and gravel pit. East Agriculture; Vacant property. Vacant property, residential, commercial; park and open space (areas of West the Gladden Farms I development have begun construction). See Exhibit II.B.2.b: Existing Land Use t%n Gladden Farms II II -6 COO Specific Plan Rancho Marana Specific Plan ResidentlallCommercial Gladden Farms ResldentialfComme ial Development Capability Report VacantlAgricultural Exhibit II.B.2.b: Existing Land Use cant" ry NORTHTHE Legend PLANNING Project Site CENTER ® Quarter -Mile Radius ria VOM3 o•ae.nax e�vro�«ea•anpnicawia�cc o-�aurartart.�n Specific plans 0 2500 'feet Gladden Farms II II -7 COO Specific Plan Development Capability Report C. Building Heights The project site is surrounded by vacant land with the exception of Blocks 6 and 12 of Gladden Farms I. The existing development in the Gladden Farms I subdivision is a mixture of one- and two-story homes not to exceed 25 feet (30 feet with the approval of the Marana Town Council). See Photo 12 below in Section f: Architectural Style of Adjacent Development for examples of development in Gladden Farms 1. d. Pending and Conditional Rezonings The Tangerine Commerce Park is under review by Town Staff. The Rancho Marana Specific Plan Amendment was recently approved by Town Council on February 15, 2005 by Ordinance 2005.05. e. Subdivision/Development Plans Approved Three plats from Gladden Farms I within a '/4 -mile radius of the project site are going through the approval process including the Gladden Farms I final and preliminary plats for Phases 11 and III. Blocks 18, 20, and 21, are currently under review. Final plats are recorded for Phase I Blocks 6 and 12. The Rancho Marana Final Plat was approved by Town Council on July 6, 2004 and adopted with Resolution 2004-154 on December 7, 2004. The final plat for Blocks 1-13 of the Vanderbilt subdivision was approved by Town Council on February 15, 2005. f. Architectural Style of Adjacent Development Land to the north and east of the project site is currently vacant. The initial phase, totaling 700 lots of the Gladden Farms I development is under construction. These will be one- and two-story single-family detached homes. At build -out, the minimum lot size adjacent to the project site will range from 6,000 — 8,000 square feet. The photos below demonstrate the character of the adjacent development in Gladden Farms I. f I - Ir Photo 12: Homes in the Gladden Farms I subdivision to the west. t%n Gladden Farms II II -8 COO Specific Plan Development Capability Report C. Topography and Slope The project site has historically been used for agricultural purposes and has previously been graded. There are no significant topographical features on the property. See Exhibit ILC: Topography. 1. Hillside Conservation Areas No hillside conservation areas exist on-site. 2. Rock Outcrops No rock outcrops exist on the project site. 3. Slopes of 15% or Greater There are no slopes over 15% on the project site. 4. Other significant Topographic Features No other topographic features such as protected peaks and ridges exist on-site. 5. Pre -Development Cross -Slope The average cross -slope is approximately 1/10 of 1%. The grades are generally conducive to development and should not represent a constraint. t%n Gladden Farms II II -9 COO Specific Plan Development Capability Report Exhibit II.C: Topography Legend: Project Bwndary Adjacent Parcels 1. There are no slope of 15 parceW or greater. 2. There are no pee ks or rides en -aIle, 3. 2` Conlour intervals. ('yn Gladden Farms II COO Specific Plan THE PLANNING CENTER nos un�ner, - IuTe a 7t{ AZ 415701 OLM W"10 P aw 12W II -10 Development Capability Report D. Hydrology This portion of the Specific Plan includes a description of on-site and off-site pre - development hydrologic characteristics and water resources. 1. Off-site Watersheds The site adjoins farm fields on the east and natural desert and the landfill on the south. The fields slope generally to the northwest and any drainage is sheet flow. The natural desert slopes west to the Santa Cruz River. The landfill located south of the site contains any water falling on the site. Two off-site watersheds impact the site along the eastern project boundary as depicted on Exhibit II.D.1 Off -Site Hydrology. Watershed I has a drainage area of 243 acres and generates a 100 -year design flow of 445 cfs. Off-site Watershed II has a drainage area of 60 acres and generates a 100 -year design flow of 153 cfs. The runoff for both off-site watersheds is sheet flow that is directed to the northwest of each watershed via the constructed roads and irrigation channels. Per the Master Drainage Report for Vanderbilt Farms, an existing culvert under Interstate 10 discharges (Q100=262 cfs) into the northeastern corner of the project site. The mentioned report also states that a channel is proposed to discharge the culvert flow into the Santa Cruz River. The channel has not been constructed and therefore the flow was considered in this study. 2. Off -Site Watershed Features There are significant off-site watershed features within the above-described watersheds that affect the flows onto the site. The off-site watersheds consist of agricultural fields with 0% impervious surfaces and a vegetative cover density of 5%. The soils type was determined to be 100% B. Runoff is directed north and south by the constructed roads and irrigation ditches. A significant man-made feature is the landfill located along the south property boundary. Another major feature located off-site is the Santa Cruz River, which is approximately 1000 -feet from the southwest corner of the site. A levee has been constructed along the north side of the river. The FEMA floodplain is contained within the levee based on the approved Letter of Map Revision (LOMR) for the Lower Santa Cruz River Levee, effective date September 16, 2004 3. Pre -Development On -Site Hydrology The pre -developed on-site watersheds also consist of agricultural fields with 0% impervious surface and a vegetative cover density of 5%. The soils type was determined to be 100% B. t%n Gladden Farms II II -11 COO Specific Plan Development Capability Report The project site contains three pre -developed watersheds as depicted on Exhibit II.D.2 On -Site Hydrology. Pre -Developed Watershed A has a drainage area of 132 acres and generates a 100 -year design flow of 241 cfs. Pre -Developed Watershed B has a drainage area of 108 acres and generates a 100 -year design flow of 205 cfs. Pre -Developed Watershed C has a drainage area of 440 acres and generates a 100 -year design flow of 468 cfs. The hydrologic data sheets for Pre -Developed Watersheds A and B were obtained from the Master Drainage Report for Gladden Farms I. There are no defined floodplains. The LOMR for the Lower Santa Cruz River Levee locates the project site within Shaded Zone X, which is defined as areas protected by levees from the 100 -year flood. 4. Existing Downstream Conditions The Gladden Farms I subdivision is located along the west boundary of the site and the proposed Vanderbilt Farms subdivision is located north of the project site. Per the Vanderbilt Farms Master Drainage Report, the runoff combined from Off-site Watersheds I and II and Pre -Developed Watershed C was determined to be 743 cfs. When combined with the flow from the existing culverts under Interstate 10, the total design flow was determined to be 836 cfs. This runoff is conveyed through the Moore Road right-of-way to the Santa Cruz River. The referenced report states that the existing Moore Road right-of-way has a conveyance capacity of 862 cfs. Thus, the runoff generated from the off-site and on-site watersheds will not affect downstream developments located north of Moore Road. In addition, per the Master Drainage Report for Gladden Farms I, a berm is proposed west of the Pacheco Property project site. As a result, runoff generated from Pre -Developed Watersheds A, B and C will be directed north to Moore Road. 5. Section 404 Permit The characteristics of Jurisdictional U.S. Waters, such as high water marks or sandy bottom washes are not present within this project site. t%n Gladden Farms II II -12 COO Specific Plan Development Capability Report Exhibit II.D.1: Off -Site Hydrology j I li - ff' - - i J - ♦ � 1`-_ Pi IY fJ" II s7 ;5 5 SLS rM Mi �l}- IJ IffSf Jr - I- I'Jr - _ I ' f" f 1rµ'1wJII...J.y1 1rY mf' f r--IlI�I1�,'1� _ Jf Jl r I'` P✓' - 1 it I - Jnl PI "f - I � Ilr I I Ivs I f I I _ flJ{ rI s 1 L Pr _l.R/.if r I I— TANGERINE FARMS RbA ---- r Legend: — - - P'rojpet Boundary. Adjaceot Parcels --------- Watershed Boundary Nate: 2' Contour intervals. THE PLANNING CENTER nos unu�er ,ax_. pure o-sa �wsJa+� u yj7¢I istoi noon++o aw 12W t%n Gladden Farms II II -13 COO Specific Plan Development Capability Report Exhibit II.D.2: On -Site Hydrology Legend: Prnjecl Boundary Adjacent Parc is Walershed Goundarbes (oLn Gladden Farms II COO Specific Plan THE PLANNING CENTER nos unu�er ,ax_ sure �4kGSS1+{ A� J4'+41 6"3:47 4d34ia4 ff sw ,2W II -14 Development Capability Report E. Vegetation This portion of the Gladden Farms II Specific Plan includes vegetative communities and associations and wildlife habitats identified within the site. 1. Vegetative Communities and Associations on the Site The entire project site is classified as Agricultural/Developed/Bare Ground according to the Pima County Land Information System (PCLIS). The site has historically been used for agricultural purposes and has been graded entirely. Any native vegetation that existed on the site has been removed. See Exhibit II.E.1: Vegetation Communities and Densities 2. Significant Cacti and Groups of Trees and Federally -Listed Threatened or Endangered Species There are no significant cacti, trees, or endangered species on the property. Within a 3 -mile radius the Thornber Fishhook Cactus has been known to occur. The project does not occur within any Proposed or Designated Critical Habitats. Table 1: Saecial Status Saecies within 3 -Mile Radius Name I Common Name State Mammillaria thornberi I Thornber Fishhook Cactus SR State—State of Arizona ■ SR—Salvage Restricted: collection only with a permit See Exhibit II.E.2: Arizona Game and Fish Department Letter 3. Vegetative Densities The project site exhibits little or no density of vegetation as it has been graded for agricultural purposes. See Exhibit II.E.1: Vegetative Communities and Densities t%n Gladden Farms II II -15 COO Specific Plan Development Capability Report Exhibit ILEA: Vegetative Communities and Densities Legend: • • Projecl Boundary Adjacent Parcels E/77Agriculturalf!Elara GrouncWe+veloped Notes; 1 _ No native vegetation on site- , 2' Contour Intervals, Gladden Farms II 00 Specific Plan THE PLANNING CENTER noc ®a��,ax. 5uTe a �4kGSS1+{ AE WW 13247 W"190 P sw 12W II -16 Development Capability Report Exhibit II.E.2: Arizona Game and Fish Department Letter RECEIVED THE STATE OF ARIZONA GOVERNORPO - �Qt� JANET NALITANO p�ND FISH DEPARTMENT COMMISSIONERS CHAIRMAN, $TRAP E. CHINIX ARIVACA a u o W. HAYS GILSTRAP, PHOENIX rY _ 222,1 WEST GREENWAY ROAD, P Hamx, 4285023-4399 MICHAEL M. GOLIGHTLY, FLAGSTAFF (602)942-3000 • AZGFD.COM WILLIAM H, MCLEAN. GOLD CANYON � DIRECTOR "U DUANE L. SHROUFE DEPUTY DIRECTOR STEVE K. FERRELL October 12, 2004 Ms. Megan Johnson The Planning Center 110 S. Church Suite 6320 Tucson, AZ 85701 Re: Special Status Species Information for Township I I South, Range I I East Section 35; Proposed Residential Community. Dear Ms. Johnson: The Arizona Game and Fish Department (Department) has reviewed your request, dated September 29, 2004, regarding special status species information associated with the above - referenced project area. The Department's Heritage Data Management System (HDMS) has been accessed and current records show that the special status species listed on the attachment have been documented as occurring in the project vicinity (3 -mile buffer). In addition this project does not occur in the vicinity of any Proposed or Designated Critical Habitats. The Department's HDMS data are not intended to include potential distribution of special status species. Arizona is large and diverse with plants, animals, and environmental conditions that are ever changing. Consequently, many areas may contain species that biologists do not know about or species previously noted in a particular area may no longer occur there. Not all of Arizona has been surveyed for special status species, and surveys that have been conducted have varied greatly in scope and intensity. Making available this information does not substitute for the Department's review of project proposals, and should not decrease our opportunities to review and evaluate new project proposals and sites. The Department is also concerned about other resource values, such as other wildlife, including game species, and wildlife -related recreation. The Department would appreciate the opportunity to provide an evaluation of impacts to wildlife or wildlife habitats associated with project activities occurring in the subject area, when specific details become available. AN EQUAL OPPORTUNITY REASONABLE ACCOMMODATIONS AGENCY t%n Gladden Farms II II -17 CIO Specific Plan Development Capability Report Exhibit II.E.2: Arizona Game and Fish Department Letter cont. Ms. Megan Johnson October 12, 2004 2 If you have any questions regarding this letter, please contact me at (602) 789-3519. General status information, county and watershed distribution lists and abstracts for some special status species are also available on our web site at http://www.azgfd.com/hdms. Sincerely, pftu— Ginger L. Ritter Heritage Data Management System, Data Specialist SSS:glr Attachment cc: Rebecca Davidson, Project Evaluation Program Supervisor Joan Scott, Habitat Program. Manager, Region V AGFD 4 09-30-04 (07) t%n Gladden Farms II II -18 COO Specific Plan Development Capability Report Exhibit II.E.2: Arizona Game and Fish Department Letter cont. Special Status Species within 3 Miles of T11S, R11E Sec. 35 NAME COMMON NAME ESA BLM USFS STATE Cocc zus americanus occidentalis Western Yellow -billed Cuckoo C S WSC Giaucidium brasilianum cactorum Cactus Ferruginous Pygmy -owl LF WSC Mammillaria thomberi Thomber Fishhook Cactus SR Si modon ochro nathus Yellow -nosed Cotton Rat SC No Critical Habitats in project area. AGFD # 09-30-04(07). Proposed Residential Community. Arizona Game and Fish Department, Heritage Data Management System, October 12, 2004. t%n Gladden Farms II II -19 COO Specific Plan Development Capability Report F. Wildlife 1. Presence of State -Listed Threatened or Endangered Species No threatened or endangered species occur on the project site, but according to the Arizona Game and Fish Department the following special status species occur within a 3 -mile radius: Table 2: Special Status Wildlife Species within 3 -Mile Radius Name Common Name ESA USFS State Cocc zus americanus occidentalis Western Yellow -billed Cuckoo C S WSC Glaucidium brasilianum cactorum Cactus Ferruginous Pygmy Owl LE WSC Si modon ochro nathus Yellow Nosed Cotton Rat SC ESA—Endangered Species Act (1973 as amended) ■ C—Candidate: Species for which USFWS has sufficient information on biological vulnerability and threats to support proposals to list as Endangered or Threatened under ESA. However, proposed rules have not yet been issued because such actions are precluded at present by other listing activity. ■ LE—Listed Endangered: Imminent jeopardy of extinction. ■ SC—Species of Concern: The terms "Species of Concern" or "Species at Risk" should be considered as terms -of -art that describe the entire realm of taxa whose conservation status may be of concern to the USFWS, but neither term has official status. USFS—United States Forest Service ■ S—Sensitive: Those taxa occurring on National Forests in Arizona which are considered sensitive by the Regional Forester. State—State of Arizona ■ WSC—Wildlife of Special Concern in Arizona. Species whose occurrence in Arizona is or may be in jeopardy, or with known or perceived threats or population declines, as described by the Arizona Game and Fish Department's listing of Wildlife or Special Concern in Arizona (WSCA in prep). Species indicated on printouts as WSC are currently the same as those in Threatened Native Wildlife in Arizona (1988). The project does not occur in any Proposed or Designated Critical Habitats, but it is within the Cactus Ferruginous Pygmy Owl Survey Zone 2. See Exhibit II.E.2: Arizona Game and Fish Department Letter 2. High Densities of a Given Species There are no known high densities of a given species on the project site. 3. Aquatic or Riparian Ecosystems There are no aquatic or riparian ecosystems on the project site. t%n Gladden Farms II II -20 COO Specific Plan Development Capability Report G. Soils and Geology This portion of the Gladden Farms II Specific Plan identifies geologic features and soil associations within the site. The following information is based on a geotechnical report prepared by Terracon on September 1, 2004. 1. Soils The preliminary geotechnical report identified subsurface soils consisting of sands with varying amounts of silt and gravel and sandy silts to sandy lean clays. In general, development on the soil is feasible. Further testing will be done prior to and during construction of the project. See Exhibit II.G.1: Soil Associations 2. Geologic Features The project site lies within the Santa Cruz River Basin where the topography consists of mountain ranges and relatively flat alluviated valleys. The alluvial materials mapped at the site consist of sand, silt, and gravel. t%n Gladden Farms II II -21 COO Specific Plan Development Capability Report Exhibit II.G.1: Soil Associations Legend Ag (Agus Vsry Fins Sandy Loam) Ao wrthony Loam) C Br (Braslto Loamy Sand) Bt (Brszlto Sandy Loam) 0 m (Glia Sandy Loam) 0 @hA (0 Ila Loamy 0 to 7 Parcom Slopes) 5h `Grahe Lamm) VaA (Hinton Loamy Sand, 0 to 7 Percent Slopes) Vu (Vlnto"nthony Sandy Loam) Specific Plan Boundary t%n Gladden Farms II CIO Specific Plan igerine Road NORTHTHE PLANNING CENTER ProJacp PCD -43 Louatkien KkPmjsotslGmphlcaiGIS)FCP73)"Is 0 1250 Feet 11-22 Development Capability Report H. Environmental Resources A Phase I Environmental Site Assessment (ESA) was performed on the project site. The site has historically been used for agriculture except for three houses that were built on the property. During the interview process, it was discovered that there had been underground storage tanks (USTs) near the northwestern homestead that were removed in 1985. It was recommended that the site undergo further evaluation for potential releases from the USTs, which has been completed. There are several above -ground storage tanks on the property, but they are not considered to be a recognized environmental concern. I. Viewsheds 1. Viewsheds Onto and Across the Site Due to a lack of topography and vegetation on the project site, distant views of the Santa Catalinas and the Tortolita Mountains are visible from the project site to the east, while the Tucson Mountains are visible to the west, and Picacho Peak is visible to the northwest. Southern views from the property are blocked by vegetation and the existing Tangerine Road Landfill. See Exhibit 11.1.1(a): Photo Key Map and Exhibit 11.1.1(b): Site Photos 2. Visibility from Adjacent Off -Site Uses The project site is highly visible from adjacent off-site uses due to the lack of topography and vegetation except for the southern boundary. Visibility from the properties to the south is hindered by vegetation screening the landfill. Once Gladden Farms I is built out, visibility onto the site will decrease due to backyard walls. See Exhibit 11.1.1(b): Site Photos and Exhibit 11.1.2: Areas of High Visibility t%n Gladden Farms II II -23 COO Specific Plan Moore Road Legend Project Site Development Capability Report Exhibit 11.1.1(a): Photo Key Map ram ' Y. -Y.' S •� \N �+� NORTH THE PNNIN 4 T- CENTER G ProFoet: FC61S LaCatbll: I:LProJacffi1G rapNlcs1G181FCa7SlpNoto Ney 0 1500 Feet t%n Gladden Farms II II -24 COO Specific Plan Development Capability Report Exhibit 11.1.1(b): Site Photos Photo 2: Looking east toward the Santa Catalina Mountains from the western boundary of the property. Gladden Farms II II -25 00 Specific Plan Photo 3: Looking north between Gladden Farms I and the project site. Photo 5: Looking west towards the Tucson Mountains from the southeast corner. t%n Gladden Farms II COO Specific Plan Development Capability Report Exhibit 11.1.1(b): Site Photos cont. Photo 4: Looking east along the southern boundary of the property. 11-26 Development Capability Report Exhibit 11.1.1(b): Site Photos cont. Photo 6: Looking northeast from the eastern boundary. tom:, y Photo 7: Looking west across the property from the eastern boundary. t%n Gladden Farms II II -27 COO Specific Plan Development Capability Report Exhibit 11.1.1(b): Site Photos cont. Photo 8: Looking south from the northeast corner of the property and adjacent to Interstate 10. M elm. Photo 9: Looking northwest from the northeast corner of the property and adjacent to Interstate t%n Gladden Farms II II -28 COO Specific Plan Development Capability Report Exhibit 11.1.2: Areas of High Visibility Legend- • • Project Boundary Adjacent Pares Area sof h Igih vlslbllity from edjeoent off-sf6e locations. ®Area of low visibility from adjacent oil' -site locations, Note: 2" Contour intervals_ THE PLANNING CENTER no s. rMu�er ,ax_ sure aaa K ,W+ 63P4} Oda 1 0 P 6W 12W Gladden Farms II II -29 Specific Plan Development Capability Report J. Traffic Circulation and Road System This section identifies traffic circulation and the existing and planned road system currently serving the site. 1. Existing and Proposed Off -Site Streets The project is located at the southeast corner of Moore Road and the Postvale Road alignment. At the southwest corner of the property, Tangerine Road becomes the proposed Tangerine Farms Road as it heads northwest through the Gladden Farms I development. Interstate 10 and the frontage road run adjacent to a small portion of the property's northeast corner. Both the Patton Road and Postvale Road alignments adjacent to the project site are to be abandoned. 2. Existing Access and Rights -of -Way Northwest Marana has historically been agricultural and the demand on the roads has not been as high as more urban areas. As Northwest Marana continues to develop, the demand will increase. Table 5: Roadway Inventory describes arterial and collector roads within a one -mile radius of the project site. Table 5: Roadwav Inventory See Exhibit II.J.2: Existing and Future R.O.W. t%n Gladden Farms II II -30 COO Specific Plan Tangerine Future Future Clark Moore Road Road Tangerine Farms Boulevard Farms Road Functional Arterial Arterial Arterial Arterial Classification Existing R.O.W. 60 60 Not Applicable Not Applicable (feet) Future R.O.W. 250 250 250 150 (feet) Number of Lanes 2 2 4 Lanes 2-4 Lanes (planned) (planned) Speed Limit 35 35 Not Known Not Known Ownership Marana Marana Marana Marana ADT (Source, 910 (Gladden 1,230 (Gladden Year) Farms II TIA, Farms II TIA, Not Available Not Available 2005) 2005 13,100 13,100 Capacity (Source, (Gladden (Gladden Not Available Not Available Year) Farms II TIA, Farms II TIA, 2005) 2005 Continuous Yes Yes Not Available Not Available R.O.W. Conforms to Width Yes Yes Not Available Not Available Standards Surface Pavement Pavement Not Available Not Applicable Conditions See Exhibit II.J.2: Existing and Future R.O.W. t%n Gladden Farms II II -30 COO Specific Plan Development Capability Report Exhibit II.J.2: Existing and Future R.O.W. Legend NORTHTHE Project site BO' Facisting Right-eMay Ll F77-1,%' PLANNING EN E R G Ona -Mile Radius 250' Future Right -of -Way faiect: FCD -13 Location: f:\"eeffiICxaphEosIGISVFeo-131Treffic_ROW 0 3000 Feet Gladden Farms II II -31 Specific Plan Development Capability Report 3. Roadway Improvements Table 6: Planned Roadway Improvements is a list of planned roadway improvements for arterial roads within a one -mile radius of the project site. The list was compiled by the Pima Association of Governments in the 2001-2025 Regional Transportation Plan Amendment, Adopted January 2004. The general scope, location, and the ID# used to identify and track the project are given. An "In Plan" status means that the projects are included in the funding, traffic, and air quality analyses of the plan and are expected to be completed by 2025. A "Reserve" status means that they are financially infeasible without a new funding source. All costs are given in $1000's of dollars and the sponsor is the jurisdiction responsible for the implementation of the project. Table 6: Planned Roadwav Imarovements Project Name Plan ID# Status Cost (in $1,000's) Sponsor I-10: I-19 to Marana TI 5.98 In Plan $490,830 ADOT Widen to 8 Lanes Arterial Rd. East of I-10/Project #9 Tangerine Road to Pinal County Line 203.00 In Plan $30,425 Marana Construct new 4 lane roadway Moore Road Sandario to Postvale 65.89 In Plan $400 Marana Reconstruct Moore Road Postvale to Frontage Road 198.00 In Plan $600 Marana Reconstruct Moore Road I-10 Frontage to Luckett 198.00 In Plan 68,600 Marana Widen to 4 Lanes Tangerine Farms Road Existing Tangerine Road to Luckett 197.00 In Plan $60,300 Marana Construct new 4 lane road Tangerine Road Extension Tangerine Farms Road to Twin 205.00 In Plan 27,000 Marana Peaks/Sandario Intersection Construct new roadway I-10: Moore Road TI 37.00 Reserve $11,250 ADOT Construct new interchange Prosect #8 Tangerine Road to Lon Adams Road 202.00 Reserve $17,800 Marana Construct new roadway 4. Intersections Currently, the only major intersection in this area is the Interstate 10 and Tangerine Road interchange. As the area begins to develop, Moore Road and the future Tangerine Farms Road will see more traffic. This project will impact the 1-10 and Tangerine Road interchange as well as future intersections along Moore Road. t%n Gladden Farms II II -32 COO Specific Plan Development Capability Report 5. Alternate Modes There are no sidewalks or designated bike routes along existing roadways surrounding the property except in Gladden Farms I. The public roadway standards for Northwest Marana include sidewalks and paved multi -use lanes on arterial and collector streets. K. Recreation and Trails 1. Open Space, Recreation Facilities, Parks, and Trails The Ora Mae Ham District Park is located approximately % of a mile northwest of the project site. This 40 -acre facility is located on the northeast corner of Barnett Road and Lon Adams Road, adjacent to the Marana Municipal Complex. Park amenities include the following: ■ 3 lighted ball fields ■ 1 lighted soccer field ■ 7 covered ramadas with gas grills, lighting and electrical outlets ■ 2 lighted tennis courts ■ 1 lighted basketball court ■ 1 large soccer/multi-use field ■ 1 outdoor swimming pool ■ 3 lighted covered playground areas ■ 1 community/recreation center Gladden Farms I to the west also includes one public park and several smaller private parks for its residents. Amenities planned for the public park, but not yet constructed include multi -use fields, little league fields, soccer fields, play structures, ramadas, and restrooms. The proposed Santa Cruz River Linear Park is located '/2 mile south of the project site, adjacent to the Santa Cruz River. The linear park is planned to encompass approximately 215 acres adjacent to the northern bank of the Santa Cruz River. The linear park runs from Sanders Road to where Airline Road would cross the Santa Cruz River if extended northward. Adjacent to the linear park will be the future Marana Heritage Park. According to Town of Marana Park, Trail and Open Space System Master Plan and Pima County Land Information Systems, there are two trails located within a one - mile radius of the project site. Located east of Interstate 10, the CAP Canal Trail (listed as Trail Map Code 3 according to the Town of Marana Trail System Master Plan, 2000) requires a vehicle to safely access from the project site. The CAP trail then crosses under Interstate 10 where it intersects the Santa Cruz River Linear Park and continues on in a southwesterly direction. This area of the trail would be accessible without a car. The CAP Canal Trail is a primary trail open to pedestrians, bicyclists and horseback riders; it also serves as a utility right-of-way. The Santa Cruz River Trail within the Linear Park (Trail Map Code 8, Trail System t%n Gladden Farms II II -33 COO Specific Plan Development Capability Report Master Plan, 2000) runs in a northwesterly direction from the Santa Cruz County Line to the Pinal County Line. The trail will have full access for pedestrian, mountain bike, road, bike, and equestrian uses. There are trail heads on Cortaro Road and Sanders Road. See Exhibit II.KA : Open Space, Trails, and Recreation t%n Gladden Farms II II -34 COO Specific Plan Development Capability Report Exhibit II.K.1: Open Space, Trails, and Recreation One -Mile Radius A We �f♦ Qra M e C► ` � --�- ' �` M _r Ham D strict Park �d '1,' e 1� Moore Road ►► ��A ' 70 Gladden F rms ■ == Park Tangerine d ... $� ....� 'N r _ I C4P • J Av►ra Valle Road Legend NORT"THE Specific Plan Boundary M PLANNING ,♦r�Trails CENTER Pfflj etl FCD -13 Parks l.ocatlun: 1:%PmJecWG rap hlme G13WC 0.13M pen Spam River Parks 0 3000 Feet = 1 Mile Radius t%n Gladden Farms II II -35 COO Specific Plan Development Capability Report L. Cultural Resources This portion of the Specific Plan identifies paleontological and cultural resources within the site. Such resources include both cultural artifacts and non -cultural remains (paleontological evidence) that could be from the prehistoric or historical periods. 1. Location of Resources On -Site According to a records review conducted by SWCA in September 2004, approximately 60% of the project site has been surveyed for cultural resources. The research has indicated that two sites, AZ AA: 12:681(ASM) and AZ AA: 12:686(ASM) are partially within the project site. AZ AA: 12:681 (ASM) is a light Hohokam artifact scatter that has not been evaluated for National Register of Historic Places eligibility (Fish et al., 1992). AZ AA: 12:686 (ASM) is a dense Hohokam artifact scatter that has been recommended eligible for the National Register (Hesse, 2001). Although the previous survey was conducted in 1983 it was performed by students from the University of Arizona and it was not surveyed in its entirety. For these reasons, SWCA recommends that a Class III (full pedestrian) survey be conducted to meet current standards and verify locations of the two sites previously found on the property. An archaeological study is currently being conducted. 2. Letter from the Arizona State Museum The Arizona State Museum (ASM) indicated that a survey was done on the project site in 1983 and that there are two known sites on the property (AZ AA: 12:681 and AZ AA: 12686). The ASM recommends that an archaeological surface inspection of the project site be conducted. An archaeological study is currently being conducted. See Exhibit II1.2: Arizona State Museum Letter t%n Gladden Farms II II -36 COO Specific Plan Development Capability Report Exhibit II1.2: Arizona State Museum Letter I - G; IVL0 Q1'THEE UNIVERSITY I�TOOF A Arizona State Museum l 1zo �kl 1'% P.O. Sox 210026 Tucson, AZ 85721-0026 TUCSON ARIZONA (520) 621-6302 FAX: (520) 621-2976 October 4, 2004 Megan Johnson, Planner The Planning Center 1 l0 South Church St. Tucson, Arizona 85701 Re: FCA -13, Archaeological Records Check related to Specific Plan for Pacheco Farms, f 633 acres in S35 TI IS, R4 IF, Salt and Gila River Baseline and Meridian. Dear Ms. Johnson: On September 29, 2004, you requested an archaeological records check related to the above - referenced property. I have consulted our records with the following results. The property has not been inspected for archaeological sites since the Northern Tucson Basin Study in 1983, which was done largely by students. In addition, one large site and one small one are known to be on the property. AZ AA:12:686(ASM) is known to extend well into the property. The eastern portion of the site (in Section 36) was the subject of testing and data recovery by Tierra Right of Way Services in 1995. A smaller site, AZ AA: 12:68l(ASM) may extend onto the SW corner of the property. Because of the age of the survey and because there are known sites on the property, the ASM recommends an archaeological surface inspections to assess the condition of the sites, to determine if important yet unreported prehistoric or historic sites are on the land, and to make recommendations about testing and data recovery. A list of archaeological contractors is available on our website at: http://www. statemuseum.arizona. edu/profsvcs/permits/permittees.asp The archaeological consultant you choose should be aware that a treatment plan, testing, and possible data recovery will likely be required as not all of them do this type of work. Archaeological surface inspection required under city or county ordinance, or a federal regulation, will require a written report describing the results of the surface inspection and will include recommendations. You are responsible for providing the report to the appropriate office requiring the inspection. The archaeologist will also submitted copies of your report to the appropriate archaeological site file office. If you have selected an archaeologist from the list provided, that contractor knows where and when to submit reports. If you have any questions, please do not hesitate to call me, Sincerely, Su Benaron Assistant Permits Administrator (520)621-2096 sbenaronnemail. arizona. edu ♦a t%n Gladden Farms II II -37 CIO Specific Plan Development Capability Report M. Existing Infrastructure and Public Facilities 1. Sewer The project will utilize the Marana Wastewater Treatment Facility. This facility is scheduled to undergo expansion that will be completed in mid -2006. Additional expansion to the facility is scheduled for 2007/2008 time period. Currently, there is conveyance capacity in the existing sewer lines; however there are no sewer lines that serve the property. The developer will need to build sewer lines to connect to the existing system. See Exhibit II.M.1.a: Existing Sewer and Exhibit II.M.1.b: Sewer Capacity Letter 2. Fire Service Northwest Marana is currently served by the Northwest Fire District and the Avra Valley Fire District. The project site is not in either of the fire districts, however the properties to the south and west of the project are located within the Northwest Fire District. The closest station within the Northwest Fire District is Station #36 located near the Town of Marana Municipal Complex on Marana Main Street. See Exhibit II.M.2: Fire Service t%n Gladden Farms II II -38 COO Specific Plan Development Capability Report Exhibit II.M.1.a: Existing Sewer Legend Sewer Line Specific Plan Boundary t%n Gladden Farms II COO Specific Plan perine Road NORTH f%0 THE �•_ CENTER PLANNING Pmj�fi FWAS Lo Von: I-.WmjwWG mph 1p101*FCai 34$ er 0 3000 Feet 11-39 Development Capability Report Exhibit II.M.1.b: Sewer Capacity Letter r}' utr�a NFTnL— Y \, Carmine DeBonts Jr. Development ServicesDIrac40.65er office: S2C.749.6606 rax: 529.740.6878 April 12, 2005 TO-. Lisa Shafer, Planner Town of Marana Development Center, Planning Department FROM: Tim Rowe, P.ls_, Development Review Engineer (Wastewater) Pima County Development Review Division SUBJECT: Gladden Farms II Specific Plan PCZ -05028 The Pima County Wastewater Management Department's Planni>, g Services Section has reviewed the proposed plan amendment and rezoning and offers the followinglcomment I The area covered under the specific plan is adjacent to the area served by Pima County's public sewer system. This area will be tributary to the Mararna Wastewater Treatment Facility (MWWTF). Treatment capacity to serve the initial phases of development within this arta will not become available until the MWWTF is expanded to treat a minimum of 0.7 million gallons Iper day (MGD). This expansion is expected to be completed in mid -2006. Further expansion to acciommodate the later phases of this development is programmed for the 2007/2008 time period. Should the developers of this property wish to proceed before Pima County can provide the necessary treatment capacity to serve this area, the developers may need to enter into a Development Agreement with Pima County to fund, design, and construction the necessary treatment capacity at the MWWTF . Such a Development Agreement would also include some form of partial or full reimbursement provisions. Public sewers are not currently available at the site boundary, end the developers of this property will need to build approximately 1.5 miles of off-site sewer line tb connect to the existing public sewer system. They will also need to build appropriate flowthrough sewers through the property. Both of the off-site and the flowthrough sewers must be sized to accomodate both the flow from this area, and the flow from any up -gradient or down -gradient properties that can reasonably be expected to use the line, Due to the extremely flat topography in this area, gravity seweri4g this property will be difficult, and the the aligntrlent of the necessary off-site and flowthrough sewer lines will need to be chosen carefully. Conveyance capacity in the existing conveyance system is currently available to serve the area covered under the specific plan, but this may change with time. Should conveyance capacity not be available when this property is developed, the developers of this area may need to augment the downstream conveyance system. This letter is not a commitment of treatment or conveyance t7apacity allocation. Capacity allocation is accomplished by building the sewers necessary to serve the proposed development, in accordance Public Works Building 201 N. Slane Ave„ 1st Floor Tucson, AZ - 85701-1207 Phone 520 740.6596 Fax 520 740 6878 http://www.pirnaxpreSs-c0m t%n Gladden Farms II II -40 COO Specific Plan Development Capability Report Exhibit II.M.1.b: Sewer Capacity Letter continued Gladden Farms II Specific Pian April 12, 2005 PCZ -05-028 Page 2 of 2 with terms and conditions of a formal Sewer Service Agreement that is normally prepared during the development plan or plat review process. If conditions change between now and the time a development plan or tentative plat is submitted, the property owner may be required to augment the existing public sewerage system in order to provide adequate treatment and conveyance capacity for this rezoning If you wish to discuss the above comments/conditions, please contact Mr. Robert Decker, PCWMD Planning Services Manager at 740-6625. Tim R ,fP.E.,Development Review Engineer (Wastewater) Pima County Development Review Division TRftr Copy: Project Public Works Building , 201 N Slone Ave-, 1st Floor • Tucmi, AZ • 85701.1207 . Phone 620.740.6-%6 • Fax 520.740.6878 hUP 41Www.pi maxpresa_ corn t%n Gladden Farms II II -41 COO Specific Plan C LI 0 Moore Legend SpeclSc Plan Boundary Northwest Fire olstrtct 1 Mlle Radius .To- of Marano Municlpat cmpiex police Fire Station Gladden Farms II 00 Specific Plan Development Capability Report Exhibit II.M.2: Fire Service One Mile Tangerine Road_ -A ) i I NORTHf"WN TH E L_.�` 00 CENTER NNING Projeab PCD43 Wnat mr h1PVojwa sVOrapNq IC WC613Wlre 0 3000 Feet 11-42 Development Capability Report 3. Water a. Existing Wells Four wells are located on the project site. Two of them are owned by the Cortaro-Marana Irrigation District (CMID) and two are owned by Evco Farms, Inc. according the Arizona Department of Water Resources. Well #604813 is located in the eastern part of the property and is owned by CMID. Well #604812 is located in the southeast corner and is also owned by CMID. Both CMID wells are used for irrigation purposes. Wells #638525 and #638527 are owned by Evco Farms, Inc. and are used for domestic water purposes and will be removed by this development. Well #638525 is located in the northwest corner and #638527 is located along the Tangerine Road alignment. See Exhibit II.M.3.a: Water b. Water Service Letter The project site is located within the Town of Marana Water Service area. Therefore, water supply is assured. This does not imply that there is currently water service to the project site. A water service agreement between the developer and the Town of Marana is needed. See Exhibit II.M.3.b: Water Service Letter C. Non -Potable Water Use All new developments in Northwest Marana are required by the Town to implement a non -potable water system. Non -potable water use is required for the irrigation of landscaped open areas, recreation sites, and public facilities. t%n Gladden Farms II II -43 COO Specific Plan Development Capability Report Exhibit II.M.3.a: Existing Water Lines and Wells Legend NORTH ef THE Project Site / CENTER G — Existing Water Lines CMID Canals s Private Wells CMID Wells • Municipal Wells t%n Gladden Farms II COO Specific Plan Pml�t1 FCD -13 Lp Vqe: 1:1F-Je WG mph 1p1015WCM13IWel Io 1500 Feet Development Capability Report Exhibit II.M.3.b: Water Service Letter RECENEU OCT 19 2004 MARANT� TOWN OF MARANA WATER DEPARTMENT October 18, 2004 The Planning Center 110 South Church Suite 6320 Tucson, Az. 95653 Attn: Megan Johnson Dear Ms. Johnson: Re: Pacheco Farms Specific Plan Specific Plan for t 633 acres at Tangerine Road and Interstate 10 FCD -13 WATER SUPPLY The Town of Marana has been designated by the State of Arizona, Department of Water Resources, as having an assured water supply. This does not mean that water service is currently available to the proposed development. The development does lie within the boundary of the Town of Marana water service area. WATER SERVICE The approval of water meter applications is subject to the availability of water service at the time an application is made. The developer shall be required to submit a water service agreement identifying water use, fire flow requirements and all major on-site and off-site water facilities. The developer at his own expense shall construct a water distribution system to serve the development and transfer title of the system to the Town of Marana, in consideration the Town of Marana shall operate, maintain and service the system. The comments made herein are valid for a period of one year only. If you have any questions, please do not hesitate to call our office at 382-2570. Sincerely, 4� C. Brad Despain Utilities Director 51 CO W. INA ROAD d TUCSON, ARIZONA 85743 PHONE: (520) 382-2570 no FAX: 382-2590 t%n Gladden Farms II II -45 CIO Specific Plan Development Capability Report 4. Schools The project site is located within the Marana Unified School District. Estes Elementary School, Marana Middle School and the Marana Plus Alternative Education are located approximately one mile north of the project site. In addition, one school site will be dedicated within Gladden Farms I that may accommodate children from Gladden Farms II in the future. For now, the schools that will serve this development are: ■ Estes Elementary School, 11279 West Grier Road (approximately 1 mile northwest of the project area). ■ Marana Middle School, 11279 West Grier Road (approximately 1 mile northwest of the project area). ■ Marana High School, 12000 West Emigh Road (approximately 4 miles southwest of the project area). See Exhibit II.M.4: Schools t%n Gladden Farms II II -46 COO Specific Plan Development Capability Report Estes Elementary School gna Plus Alternative MaranoraMiddle School Moore Proposed School Site Exhibit II.M.4: Schools Twin Peaks Road Legend C3 Project Site Marano School District r Schools I Mile Buffer i Proposed School Site t%n Gladden Farms II COO Specific Plan ;F 40THE L� PLANNING CENTER ProJact1 FCa18 Lm tlaw td 0 5000 Feet Twin Peaks Road Legend C3 Project Site Marano School District r Schools I Mile Buffer i Proposed School Site t%n Gladden Farms II COO Specific Plan 11-47 MORTM 40THE L� PLANNING CENTER ProJact1 FCa18 Lm tlaw Is)F mJ*cWG mph 1ca161VFCP1 818chools 0 5000 Feet 11-47 Development Capability Report 5. Private Utilities a. Natural Gas EI Paso Natural Gas controls a gas line bisecting the project site. The gas line easement is approximately 60 feet wide and runs through the property from the northwest corner to the southeast corner; it will remain in place. Southwest Gas Corporation has existing facilities in the area and will provide natural gas service to the site. b. Cortaro-Marana Irrigation District There are two wells and three irrigation ditches on the project site that are currently controlled by the Cortaro-Marana Irrigation District (CMID). Well #604813 is in the southeastern corner of the project site. Well #604812 is on the eastern side of the project, approximately half -way between the southern and northern boundaries. There is an irrigation canal from the southeast corner that connects the two wells. A second irrigation canal runs in an east -west direction bisecting the property and the third canal also runs in an east -west direction along the southern boundary. See Exhibit II.M.3.a: Water, for the location of the wells and canals. C. Communications Telephone service and line installation is available in this area through Qwest Communications. Comcast Cable has cable services in the area and will likely provide service to the property. d. Power The project site will be served by Tucson Electric Power. N. McHarg Composite Map Information regarding topography, hydrology, vegetation, wildlife and views has been combined to form the McHarg Composite Map displayed as Exhibit II.N: Composite Map. t%n Gladden Farms II II -48 COO Specific Plan Development Capability Report Exhibit II.N: Composite Map 111111 i �` I�ell�e� Legend: THE :..: Project Boundary 1.TheeYnumlteovspeWlman9a PLANNING a.Thwu MdkpMm[ wNrfitabUMo 1& MCENTER Adjacent Parmb 5 YCcnlav lmavrr nuc 5uTE n --------- Watershed Boundaries nUCW#1 a WW M, M-010 FZZ =� Area of high visibility from adjacent off-site IoCdti(5f1$- P 6W 12W Area of low visibility from adjacer4 offsite locabom Gladden Farms II II -49 00 Specific Plan III. Development Plan Development Plan A. Purpose and Intent This section contains a description of the goals, objectives and policies of the plan combined with various plan components, which will meet the Town's vision for development in Northwest Marana. These components provide the rationale for the Development Regulations in Section IV. This Specific Plan is a method used to implement the Northwest Marana Area Plan at a more detailed site-specific level for a focused area. The Specific Plan clarifies the planning considerations for parcels within the Plan area and imposes regulations or controls on the use of such parcels. The Specific Plan establishes the type, location, density, and community character within the Plan area. The Plan contains the standards and guidance to ensure that development will occur in a controlled manner with infrastructure as planned. The project development plan is the result of thorough site analysis and research. As a result of this, the plan resolves, as much as possible, development -related issues in the form of proposed physical improvements, guidelines for future development, technical information, and regulations. B. Objectives of the Specific Plan The objectives of the Specific Plan are intended to guide development of the site and provide direction for community design principles. This Specific Plan is intended to implement policies of the Northwest Marana Area Plan while providing a unique development that meets specific needs of the site and the community. Development criteria established in this plan ensure quality design for the separate uses while maintaining a common theme throughout the project. In recognizing the major development issues, the landowners' objectives, and Town requirements, a set of development plan goals have been established as follows: 1. Implement the policies and guidelines of the Marana General Plan and the Northwest Marana Area Plan; 2. Create a community that is compatible with existing and planned development; 3. Establish design standards that encourage quality design of all structures while promoting the rural/agrarian theme described in the Northwest Marana Area Plan; 4. Build a community that is easily accessible and promotes multi -modal transportation and interconnectivity; 5. Design a community that provides a variety of uses and housing types through the application of the Residential/Commercial Village concept; 6. Provide uniform development regulations for land use, circulation, landscaping, and open space; 7. Ensure coordinated, responsible planning through the use of cohesive procedures, regulations, and guidelines; (V,n Gladden Farms II III -1 C+� Specific Plan Development Plan 8. Build a mixed-use community that promotes higher density housing and commercial uses; and 9. Provide a framework for the management and administration of this Specific Plan. C. Relationship to Adopted Plans The Marana General Plan designates a majority of the project site as Medium Density Residential (MDR) with a small portion in the northeast corner along Interstate 10 as Corridor Commerce. The MDR designation allows residential densities of 3.1 to 8.0 dwelling units per acre. It also allows for appropriate multi -family developments and neighborhood commercial services. The Corridor Commerce designation is intended to support commercial uses along high traffic areas. It is also appropriate for high-density residential. Adoption of this Specific Plan will serve as a minor amendment to the Marana General Plan, changing its land use designation to Master Planning Area. The Gladden Farms II Specific Plan lies within the Urban Southeast Planning Area of the Northwest Marana Area Plan. The Urban Southeast Planning Area surrounds the Town Core and is designated for Residential/Commercial Villages with an average of four residences per acre (RAC) per the Northwest Marana Area Plan. The Residential/Commercial Villages classification provides for a mixture of housing types ranging from low- to medium-high density. The housing is intended to be in close proximity to commercial and office uses, giving the community a village feel. This Specific Plan will provide a mix of housing types including single-family attached and detached as well as multi -family options. The high-density housing will be located near the commercial areas of the Specific Plan to promote the village concept of the Town of Marana. This Specific Plan will meet the goal of the Marana General Plan and the Northwest Marana Area Plan by limiting the overall density of the development to 4 RAC. This type of land use pattern is in line with the goals and vision of the Northwest Marana Area Plan and as such, will fulfill the policies outlined in that plan. D. Compatibility with Adjoining Development The Gladden Farms II Specific Plan seeks to be compatible with the existing and planned development in the area. Gladden Farms I is just west of the project site. The same Master Developer is responsible for both Gladden Farms I and Gladden Farms 11. As such, the Master Developer will create an integrated community that reflects the same extensive design considerations and theme. While each neighborhood within the respective developments will have unique identifying features, they will be compatible in look, quality of development, and amenities offered to the residents. Both Gladden Farms developments combine a mixture of residential densities with commercial, office, and recreational land uses to promote the village commercial theme outlined the Northwest Marana Area Plan. In addition, the two communities will be connected via local roads and paseos to promote community interaction. fVn Gladden Farms II III -2 C4J Specific Plan Development Plan North of Moore Road is the Rancho Marana Specific Plan. Currently, the land is vacant but Rancho Marana is planned for a mixture of residential densities and office and commercial uses. The planned uses adjacent to Moore Road, which this Specific Plan will front, include Employment Center and Medium Density Residential. South of the project site lies the Pima County Tangerine Road Landfill. The landfill will be buffered by vegetation and Tangerine Farms Road. It is scheduled to be closed in three years. Agricultural land is currently to the east of the project site but is currently being planned for intense commercial use. Clark Farms Boulevard will be aligned along the section line between Gladden Farms II and the property to the east. Due to the planned commercial use to the east and the alignment of a major road, the eastern boundary of Gladden Farms II will feature commercial uses and transitional uses, while the residential uses are located within the transitional area and to the west. E. Land Use Concept Plan The Gladden Farms II Specific Plan encompasses approximately 636 acres in Northwest Marana, north of Tangerine Road, south of Moore Road, and east of the Gladden Farms I community. While this Plan does not include the Gladden Farms I community, the ultimate goal is to have Gladden Farms I and 11 function as a single community. As such, Gladden Farms 11 has been designed to transition from the residential uses along the western boundary to commercial uses in the east. The residential densities along the west will feature 7,000 and 8,000 square foot lots, similar to those in Gladden Farms 1. The densities increase to the east with 6,000 square foot lots and High Density Residential (HDR), which allows the option for attached units. The increase in density provides an appropriate transition from residential in the west to the commercial areas on the eastern boundary. The land use concept designates blocks along the eastern boundary for commercial use. Due to the proximity to Interstate 10, it is anticipated that the property to the east of Gladden Farms II will be developed as an intense regional commercial use; making residential uses less appropriate in this area. The commercial land use within the Specific Plan area is generally intended to serve the residents of Gladden Farms with neighborhood commercial services. It is possible that Blocks 29 and 43 may have higher intensity uses because they are located at major intersections. Gladden Farms II is proposing two Transitional blocks. The Transitional designation is intended to provide for professional office opportunities and higher density housing. The higher density housing will provide more affordable and rental housing options to meet the varying needs of Town residents. Block 44, in the northwest corner, is currently being used as the sales center for Gladden Farms I and due to its small size is not appropriate for high density housing or large retail uses. Block 28 is located in the northeast corner and will provide a transition from the commercial uses in Blocks 29 and 34 to adjacent residential uses. fVn Gladden Farms II III -3 C4J Specific Plan Development Plan The remaining areas of the Specific Plan include high-density and single-family detached residential options. The High Density Residential areas are concentrated along Tangerine Farms Road, west of the commercial area. This designation supports a variety of housing types, including single-family attached, small -lot single-family detached, and multi -family housing. Blocks 36, 37, 40, 41 and 42 have the option of being a gated, age -restricted community. The remainder of the site is composed of single-family detached residential lots ranging in size from 6,000 to over 8,000 square feet. These blocks are along the western boundary and will be at the same or lesser density than those in Gladden Farms I. An open space overlay zone has been established to demonstrate the approximate location of the paseo system throughout the property. See Exhibits III.E.1: Land Use Concept Plan and III.E.2: Land Use Designation Map fVn Gladden Farms II III -4 C4j Specific Plan Development Plan Gladden Farms Specific Plan Land Use Concept Block Gross Acreage Net Acreage Designation Target Unit # 26 28.7 20.7 SFD-6 104 27 36.9 31.1 HDR 218 28 30.9 25.7 TR 514 29 63.9 56.5 C N/A 30 45.7 29.6 SFD-7 134 31 24.8 20.9 SFD-6 105 32 8.8 6.8 P N/A 33 30.1 25.1 SFD-6 126 34 31.9 22.9 C N/A 35 33.5 25.6 SFD-8 103 36 26.1 20.5 HDR 144 37 43.3 32.7 HDR 229 38 41.2 32.1 C N/A 39 48.2 32.4 SFD-7 146 40 31.2 25.6 HDR 180 41 32.9 20.2 HDR 142 42 35.4 28.5 HDR 200 43 40.5 30.0 C N/A 44 2.3 1.4 TR 0 Total Acres 636.3 488.3 Open Space Overlay Zone/Drainage 72.2 Roads 75.84 Target Units: 1,975 single-family units; 370 individual units of multi -family housing. Overall Density: 4 RAC KEY: SFD-8: Single -Family Detached SFD-7: Single -Family Detached SFD-6: Single -Family Detached HDR: High Density Residential TR: Transitional C: Commercial P: Park fVn Gladden Farms II III -5 C4j Specific Plan Development Plan Exhibit III.E.1: Land Use Concept Plan BLOCK as -111 2 TRC MOORE ROAD IIIIINI� BLOCK • CI SFD�'i - SINGLE-FAMILYDETATCHED ■- 111111�II111 � HDR - HIGH DENSITY RESIDENTIAL 1111111111111 1111111 � • . 111111 1111NIH111 I+�{1x1111111 � O , : .TR w� 1111111 I ;ice 111D• PARK AC `1'1f ':4,11111 j � 301 AC • ■ 'ARK =8.8 IIIIIi1�1� C AC i� i SLOC K 35 BLOCK 37 33.5 AC A HDRG SFD-8 LOCK 36 26.1 AC HDR } .. BLOCK42 ',. 35.A AC BLOCK 40 HDR 31.2 AC HDR BLOCK 39 // • •kms 43.2 AC , ! /BLOCK 41 SFD-7 ' /// 3HDR29 C w TANGERINE Ft_ ROAD LEGEND SF018 - SINGLE-FAMILY DETATCHED CI SFD�'i - SINGLE-FAMILYDETATCHED C SFD16- SINGLE-FAMILY DETATCHED t HDR - HIGH DENSITY RESIDENTIAL i C -COMMERCIAL TR - TRANSITIONAL OPEN SPACE PARK • TRAIL LOCALSTREET BLOCK 29 83.9 AC C 831.9 AG 31.9 AC C BLOCK 38 412 AC C B LOCK 43 4G.5 AC C c= � ETHE ANNING NTER 110 S. CHURCH AVE-, SUITE &IN TUCSCF'l AZ 85701 (6c^O)6ib61E 6' 606' 1= ioce�m: pvnmc�nataVc.adu¢tlp fVn Gladden Farms II III -6 C4j Specific Plan Development Plan Exhibit III.E.2: Land Use Designation Map fi BLOCK 44 2'r MOORE ROAD TiT� y BLOCK 27 1 36.9 AC BLOCK 26 HDR BLDGK 29 .LLLLLLLLLLLIJ ,^� 2$.7 6 - `y 63.9 AC - , \� BLOCK 28 30.9 AC BLOCK31 TR 248 AC SFO -6 BLOGK30 BLOCK33 45T-7 30.1 AC V1 BLOCK34 1 SFO -7 SFD-5 31.9 AC BLOCK 3 C 8-8 AC CTNITY Kit E BLOCK 38 412 AC `` BLOCK 37 C 33.5 BLOCK 35 �`.,\ 43.3 AG ` SFD-8 \ HDR SFQ•8 BLOCK 61Ac 26.1 AC +'`s.`� _ HDR ! l BLOCK42 7' 35,4 AC II ` BLOCK40� HDR 1 3H�RG ,/f J BLOGK43 BLOCK 39 % ,BLMK41�,� II 40.5 AG 48.2 AC / 32-9 AC \ 1 C SFD-7 / HDR ■moi.■— ,l`, i. TANGERINE FARMS ROAD Legend: ■ ■ Project Boundary Adjacent Parcels — Block Boundaries Road i _ _ _ - - . Open Space Overlay Zone Gladden Farms II Specific Plan Designations: SFDI8 - Single -Family Detached SFD17 - Single -Family Detached SFD16 - Single -Family Detached HDR - High Density Residential TR - Transitional C - Commercial THE. PLANNING CENTER 110 S. CHURCH AVE., SUITE MN TUCSON, Ai 45701 (520)023.4145 mm� 0' 800' 1200' ioealm: pamcigrlublelcupugaq III -7 Development Plan F. Grading Concept The entire site has been used for agriculture, and therefore, has been graded. This project proposes re -grading the entire site in order to create the paseos and the development areas. Prior to site disturbance, additional geotechnical studies will be completed. G. Post Development Hydrology On-site developed flows will be retained in the paseos and retention basins within each development area. Per the drainage requirements for the Town of Marana, any new development is required to provide retention for the 100 -year storm event and the 10 - year storm event. In addition, engineered facilities are required to drain the basins within 36 hours. H. Environmental Resources Any above -ground storage tanks will be removed from the property and properly disposed. The on-site septic system will be abandoned in accordance with Pima County regulations. L Viewsheds The project site is relatively flat with no significant topographical features. It is surrounded by vacant land except for Gladden Farms I to the west which is currently under construction. Houses in the Gladden Farms I development will be surrounded by a perimeter wall, and residents will not be able to see the project area from the ground floor level. From a second floor perspective, residents will see a development of similar densities and characteristics. The open space paseos will offer visual relief and view corridors throughout the development, preserving the distant viewshed. The areas of the project with the highest visibility from adjacent off-site locations are located on the perimeter of the site, specifically the portion of the site adjacent to the 1-10 Frontage Road and Moore Road. A landscaped buffer will be established along the major arterials within the right-of-way, helping to enhance the appearance of the project from neighboring properties. J. Circulation Concept Plan The Gladden Farms II Circulation Plan establishes the general layout for arterial and collector roads while accommodating all modes of transportation—auto, bicycle, and pedestrian. The arterial roads adjacent to the property and the collector roads within the development will have multi -use lanes and sidewalks to accommodate bicyclists and fVn Gladden Farms II III -8 C4J Specific Plan Development Plan pedestrians. In addition, the roads will connect to the open space paseos throughout the property, linking bicyclists and pedestrians to the regional trail system. The primary access points into the development will be along Moore Road and Clark Farms Boulevard on the northern boundary of the property and Tangerine Farms Road and Clark Farms Boulevard along the southern boundary. Tangerine Farms Road is easily accessible from Interstate 10 as there is already an entrance ramp at Tangerine Road. A traffic interchange is planned for Moore Road as well. Both Moore Road and Tangerine Farms Road currently have 60 -foot rights-of-way with planned rights-of-way of 250 feet. The 250 -foot right-of-way accommodates a 4 -lane divided road with a 90 -foot landscape buffer and an 8 -foot meandering trail on one side and a 20 -foot landscape buffer with sidewalk on the opposite side of the road. In addition, the new proposed Clark Farms Boulevard alignment will be extended from the Rancho Marana development, and it will have a four -lane 150 -foot right-of-way and run parallel to the frontage road. The arterial roads will provide access to interior collector streets that will create the spine infrastructure for the development. Mike Etter Boulevard, Southfield Road, and Pacheco Farms Road will have a 90 -foot rights-of-way that will accommodate 2 lanes of traffic, multi -use lanes, and sidewalks. Residential streets branching off of the spine roads provide access to the individual subdivisions. Local street connections will be established between this Specific Plan and Gladden Farms I to create interconnectivity between the two developments. A 56' ROW -public, residential collector road (currently un -named) will provide access to the 8.8 -acre neighborhood park for Gladden Farms residents as well as Blocks 31 and 33. The cross-sections for all roads will be determined at the time of platting based on a Traffic Impact Analysis and discussions with Town of Marana staff. Construction of all interior roads will be the responsibility of the Master Developer. Slope and utility easements for internal roadways may extend beyond the minimum right-of-way. See Exhibit III.F: Circulation Concept Plan fVn Gladden Farms II III -9 C4j Specific Plan Development Plan Exhibit IIIR Circulation Concept Plan Legend: ••� Project Boundary Adjacent Parcels -- Zoning Boundaries Local Streets .. • • • • Trails fVn Gladden Farms II C4J Specific Plan MOTHE PLANNING CENTER 714.. a�uRrrF 6i 48 7uCWN. tz RMI Iszo1ezs�lee 0' MU 1200' iocmlm: pamwseahhilc�o•+�+ . III -10 Development Plan K. Landscape Concept The landscape concept for the Gladden Farms II Specific Plan is based on the Gladden Farms I concept to the west. Together, the projects will promote a community theme rather than create two separate developments. The landscaping will be in conformance with the Northwest Marana Area Plan and will be based on the philosophy of compatibility with the historic agricultural/rural setting and the suburban community. Coordinated landscaping will be incorporated into all areas of the Gladden Farms 11 Specific Plan including streetscapes, residential and commercial parcels, and community open space. Each subdivision will be designed as a unique neighborhood while using common elements to integrate it with the entire community. This is achieved through the use of common agricultural themes and icons interwoven into the project, creating a unified community that retains individual identity for all aspects of the Specific Plan. Plant materials appropriate for this climate will be used and will contribute toward the creation of a community that is modern but still maintains the rural feel. Landscape plant materials shall be either indigenous vegetation or agricultural vegetation that is resistant to cotton root rot. All proposed plant materials must be selected from the Gladden Farms II approved plant list. See Appendix B: Plant Palette. L. Open Space, Recreation, Parks and Trails Concept Gladden Farms II will feature an 8.8 -acre neighborhood park at the intersection of Southfield Road and Mike Etter Boulevard. This park is centrally located and will be accessible from the open space paseo system that has come to define the Gladden Farms community. This neighborhood park and will feature water play and lawn areas, ramadas, picnic areas, a dog park, and restrooms; and will complement the Gladden Farms I Regional Park. This park will be maintained by the Gladden Farms HOA and will be for the use of Gladden Farm I and 11 residents. An extensive open space paseo system will link all areas of the Specific Plan to the regional trail system and the existing Gladden Farms I Regional Park. The open space system will be installed by the Master Developer and maintained by the Gladden Farms Homeowner's Association. The paseos will include a minimum 12 -foot multi -use trail for pedestrians and bicyclists. The multi -use trail will meander throughout the property, creating a visually appealing trail, to enhance the users' experience. The paseos will be landscaped with drought -tolerant vegetation with some areas of turf to aid in drainage of the property. The turf will be used in limited areas and shall have smooth curving edges—not engineered straight lines. The park and the open space will count for the required dedication of 185 square feet per single-family residence of on site recreation area, per the Town of Marana Park System Master Plan for blocks contiguous with the 8.8 -acre neighborhood park (blocks 31 and 33). Builders within the remaining blocks will be required to meet the dedication fVn Gladden Farms II III -11 C4J Specific Plan Development Plan requirement (185 square feet per single family residence, 140 square feet for townhomes, and 100 square feet for apartments) within these blocks through the provision of pocket parks or other active recreation areas. See Exhibit III.K: Open Space Concept Plan fVn Gladden Farms II III -12 C4j Specific Plan Development Plan Exhibit III.K: Open Space Concept Plan Legend: — - - — Project Boundary Adjacent Parcels ---- Block Boundaries . • • • • • • Trails i ----_a 1 open space fVn Gladden Farms II C4J Specific Plan MOTHE PLANNING CENTER Ifoa RAZ $ 1VVE., a d2 1*8 TUC.�FX AZ 66701 {620J BY.1.B14B 01 e f 1200' WOW P m ---tip III -13 Development Plan M. Cultural Resources According to a report written by SWCA Environmental Consultants, no significant cultural resource sites were found on the property. The Arizona State Museum concurs with these findings per a letter dated April 6, 2005 addressed to Ms. Andrea Calabro at the Town of Marana. No further archaeological work needs to be completed prior to development. If any human remains or funerary items are discovered during construction, the Arizona State Museum will be contacted pursuant to A.R.S. §41-865. N. Infrastructure and Public Facilities 1. Sewer The Master Developer will enter into a Development Agreement with Pima County Wastewater to provide for additional capacity at the Marana Wastewater Treatment Facility. Such an agreement would include some form of partial or full reimbursement to the Master Developer. The Master Developer will also be responsible for installing off-site sewer lines in order to connect to existing lines and serve the property. A sewer master plan will be required during the platting stage. 2. Fire Service Gladden Farms II will be annexed into the Northwest Fire District. 3. Water An above -ground water storage facility and a new well will be located at the center of the property. A water service agreement will be completed between the Town of Marana and the Master Developer prior to approval of the final development plan or subdivision plat. As in Gladden Farms I, a two-line water system will be installed to allow for the use of non -potable water for irrigation of common areas, recreation areas, and public facilities. 4. Schools The property is within the Marana Unified School District. Estes Elementary School, Marana Middle School and the Marana Plus Alternative Education facility are located approximately one mile north of the project site. Marana High School is located approximately 5 miles south of the project site. In addition, a new high school is planned approximately one mile north of Gladden Farms II. There is one elementary school site dedicated in Gladden Farms I. MUSD anticipates that the elementary school within Gladden Farms I will accommodate the students from Gladden Farms II. As such, the Master Developer has agreed to voluntarily contribute $1,200 per house to MUSD at the time building permits are issued. fVn Gladden Farms II III -14 C4J Specific Plan Development Plan It is anticipated that the project will have 1,975 single-family residential units and 370 multi -family units at buildout. Marana Unified School District (MUSD) does not have accurate data for the number of students generated by apartments and townhomes so the multipliers from the Amphitheater School District (ASD) are used because it is in the closest proximity of MUSD. Using the formulas from MUSD and ASD, it is estimated that the project will generate a total of 900 school -aged children, unless any portion of this Specific Plan is developed as an age -restricted community: Single -Family Residential: K-6: .25 x 1975 units = 494 school age children 7-12: .15 x 1975 units = 297 school age children Multi -Family Residential: Elementary K-5: .103 x 370 units = 39 school age children Middle School 6-8: .043 x 370 units = 16 school age children High School 9-12: .048 x 370 units = 18 school age children 5. Private Utilities a. Natural Gas Southwest Gas will provide gas service to the residents of Gladden Farms II. The EI Paso Natural Gas Line that bisects the property will be left as open space. All landscaping within the gas line easement will be completed in accordance to EI Paso Natural Gas Co. standards. In general, shrubs and turf are acceptable landscape materials within the easement right-of-way, while trees are not. b. Cortaro Marana Irrigation District The Master Developer will work with CMID to address placing the existing canals underground. fVn Gladden Farms II III -15 C4J Specific Plan IV. Development Regulations Development Regulations A. Purpose and Intent These regulations will serve as the primary mechanism for the implementation of the Gladden Farms II Specific Plan. The Gladden Farms II Specific Plan Development and Design Standards establish the intensity and character of the development by prescribing site-specific standards that are tailored to the unique qualities of the project. The regulations contained within this section provide an appropriate amount of flexibility to anticipate future needs and to achieve compatibility with surrounding land uses. These development regulations apply to the 636 acres of land in the Gladden Farms II Specific Plan. Land Use designations within the Specific Plan shall be as follows: ■ Single -Family Detached 8 (SFD-8) ■ Single -Family Detached 7 (SFD-7) ■ Single -Family Detached 6 (SFD-6) ■ High Density Residential (HDR) ■ Transitional (TR) ■ Commercial (C) B. General Provisions 1. Applicability of Town of Marana Land Development Code If an issue, condition, or situation arises or occurs that is not addressed by this Specific Plan, the applicable portions of the Town of Marana Land Development Code that are in place at the time of development shall apply. 2. Building Code All construction within the Specific Plan area shall comply with the currently adopted versions of the International Building Code, the plumbing code, the International Mechanical Code, the National Electric Code, the Town of Marana Outdoor Lighting Code, the Uniform Plumbing Code, the International Residential Code, and the fire code as applicable for the specific project at time of permitting. 3. Additional Uses Whenever a use has not been specifically listed as being a permitted use in the particular zone classification within the Specific Plan, it shall be the duty of the Town Planning Director to determine if said use is: (1) consistent with the intent of the zone, and (2) compatible with other listed permitted uses. Any person aggrieved by the determination may appeal that decision to the Marana Town Council. t%n Gladden Farms II IV -1 COO Specific Plan Development Regulations C. Development Standards The following standards have been assigned to each land use designation within the Gladden Farms II Specific Plan Area. Each designation has a list of permitted, accessory, conditional, and prohibited uses along with development standards to ensure quality of design. 1. Single -Family Detached 8 (SFD-8) a. Permitted Uses Single -Family Detached Residential Parks and Open Space Public Schools Recreation Facilities Religious Institutions b. Accessory Uses Residential Accessory Uses: The following accessory buildings and uses may be located on the same lot with a permitted dwelling, provided that any permanent building or structure shall be harmonious with the architectural style of the main building and further provided that all residential uses are compatible with the residential character of the neighborhood: ■ Swimming Pools, Spas, and Other Related Structures ■ Patios, Tool Sheds, Children Playhouses, etc. ■ Home Occupations ■ Guest Homes C. Conditional Uses ■ Child Care Facilities ■ Private Education Facilities ■ Group Homes d. Development Standards ■ Minimum Lot Area: 8,000 square feet ■ Minimum Lot Width: None o Corner lots to be platted 5 feet wider than typical lot width or a minimum 5 -foot common space shall be placed on all corners. ■ Minimum Lot Depth: None ■ Minimum Setbacks o Front: 10 feet ■ May be reduced to 5 feet with side -loaded garage* ■ Front porch: 5 feet* t%n Gladden Farms II IV -2 COO Specific Plan Development Regulations ■ Side -loaded garage: 5 feet* *May not encroach into the required public utility easement. ■ Front -loaded garage: 20 feet o Side: 0 feet ■ Must provide a 3 -foot access easement on adjacent property for z -lot lines ■ Street: 10 feet ■ Accessory structures: 5 feet o Rear: 15 feet ■ May be reduced to 5 feet if front -loaded garage is recessed 10 feet or more from the front living area ■ May be reduced to 5 feet with rear -loaded garage ■ Patio structures: 5 feet if open on 3 sides ■ Accessory structures: 5 feet ■ Maximum Building Height: 30 feet ■ Building Separation o Between primary and accessory: 6 feet ■ Maximum Lot Coverage (building and structures): 55% ■ Minimum Common Open Space per Dwelling Unit: 185 square feet t%n Gladden Farms II IV -3 COO Specific Plan Development Regulations 2. Single -Family Detached 7 (SFD-7) a. Permitted Uses ■ Single -Family Detached Residential ■ Parks and Open Space ■ Recreation Facilities ■ Public Education Facilities ■ Religious Institutions b. Accessory Uses Residential Accessory Uses: The following accessory buildings and uses may be located on the same lot with a permitted dwelling, provided that any permanent building or structure shall be harmonious with the architectural style of the main building and further provided that all residential uses are compatible with the residential character of the neighborhood: ■ Swimming Pools, Spas, and Other Related Structures ■ Patios, Tool Sheds, Children Playhouses, etc. ■ Home Occupations ■ Guest Homes C. Conditional Uses ■ Child Care Facilities ■ Private Education Facilities ■ Group Homes d. Development Standards ■ Minimum Lot Area: 7,000 square feet ■ Minimum Lot Width: None o Corner lots to be platted 5 feet wider than typical lot width or a minimum 5 -foot common space shall be placed on all corners. ■ Minimum Lot Depth: None ■ Minimum Setbacks o Front: 10 feet ■ May be reduced to 5 feet with side -loaded garage* ■ Front porch: 5 feet* ■ Side -loaded garage: 5 feet* *May not encroach into the required public utility easement. ■ Front -loaded garage: 20 feet o Side: 0 feet ■ Must provide a 3 -foot access easement on adjacent property for z -lot lines ■ Street: 10 feet ■ Accessory structures: 5 feet t%n Gladden Farms II IV -4 COO Specific Plan Development Regulations o Rear: 15 feet ■ May be reduced to 5 feet if front -loaded garage is recessed 10 feet or more from the front living area ■ May be reduced to 5 feet with rear -loaded garage ■ Patio structures: 5 feet if open on 3 sides ■ Accessory structures: 5 feet ■ Maximum Building Height: 30 feet ■ Building Separation o Between primary and accessory: 6 feet ■ Maximum Lot Coverage (building and structures): 55% ■ Minimum Common Open Space per Dwelling Unit: 185 square feet t%n Gladden Farms II IV -5 COO Specific Plan Development Regulations 3. Single -Family Detached 6 (SFD-6) a. Permitted Uses ■ Single -Family Detached Residential ■ Parks and Open Space ■ Recreation Facilities ■ Public Education Facilities ■ Religious Institutions b. Accessory Uses Residential Accessory Uses: The following accessory buildings and uses may be located on the same lot with a permitted dwelling, provided that any permanent building or structure shall be harmonious with the architectural style of the main building and further provided that all residential uses are compatible with the residential character of the neighborhood: ■ Swimming Pools, Spas, and Other Related Structures ■ Patios, Tool Sheds, Children Playhouses, etc. ■ Home Occupations ■ Guest Homes C. Conditional Uses ■ Child Care Facilities ■ Private Education Facilities ■ Group Homes d. Development Standards ■ Minimum Lot Area: 6,000 square feet ■ Minimum Lot Width: None o Corner lots to be platted 5 feet wider than typical lot width or a minimum 5 -foot common space shall be placed on all corners. ■ Minimum Lot Depth: None ■ Minimum Setbacks o Front: 10 feet ■ May be reduced to 5 feet with side -loaded garage* ■ Front porch: 5 feet* ■ Side -loaded garage: 5 feet* *May not encroach into the required public utility easement. ■ Front -loaded garage: 20 feet o Side: 0 feet ■ Must provide a 3 -foot access easement on adjacent property for z -lot lines ■ Street: 10 feet ■ Accessory structures: 5 feet t%n Gladden Farms II IV -6 COO Specific Plan Development Regulations o Rear: 15 feet ■ May be reduced to 5 feet if front -loaded garage is recessed 10 feet or more from the front living area ■ May be reduced to 5 feet with rear -loaded garage ■ Patio structures: 5 feet if open on 3 sides ■ Accessory structures: 5 feet ■ Maximum Building Height: 30 feet ■ Building Separation o Between primary and accessory: 6 feet ■ Maximum Lot Coverage (buildings and structures55% ■ Minimum Common Open Space per Dwelling Unit: 185 square feet t%n Gladden Farms II IV -7 COO Specific Plan Development Regulations 4. High Density Residential (HDR) a. Permitted Uses ■ Multi -Family Residential ■ Small -Lot Single -Family Detached ■ Single -Family Residential Attached ■ Parks and Open Space ■ Community Recreation Facilities ■ Religious Institutions b. Accessory Uses ■ Carports and Garages ■ Swimming Pools, Spas, and Other Related Structures ■ Tennis courts C. Conditional Uses ■ Child care facilities ■ Group homes ■ Educational facilities d. Development Standards—Multi-Family Residential ■ Minimum Site Area: 1 acre ■ Maximum Density: 20 RAC ■ Minimum Site Setbacks o Front: 20 feet o Side: 20 feet o Rear: 20 feet ■ Maximum Building Height: 40 feet ■ Building Separation: Per Building Code ■ Minimum Private Open Space per Dwelling Unit (patio, balcony, or a combination thereof): 100 square feet ■ Minimum Common Open Space per Dwelling Unit: 100 square feet e. Development Standards—Small-Lot Single -Family Detached ■ Minimum Lot Size: 3,500 square feet o The number of 3,500 square foot lots shall be limited to no more than 33% of the total lot count ■ Minimum Lot Width: None o Corner lots to be platted 5 feet wider than typical lot width or a minimum 5 -foot common space shall be placed on all corners. ■ Minimum Lot Depth: None ■ Minimum Setbacks o Front: 10 feet ■ May be reduced to 5 feet with rear- or side -loaded garage* t%n Gladden Farms II IV -8 COO Specific Plan Development Regulations ■ Front porch: 5 feet* ■ Front -loaded garage: 20 feet ■ Side -loaded garage: 5 feet* *May not encroach into the public utility easement, if required. o Side: 0 feet ■ Must provide a 3 -foot access easement on adjacent lot for z -lot lines ■ Accessory structures: 5 feet o Rear: 10 feet ■ Patio structures: 5 feet if open on 3 sides ■ May be reduced to 5 feet with rear -loaded garage ■ Maximum Building Height: 30 feet ■ Building Separation: 6 feet ■ Maximum Lot Coverage: 55% ■ Minimum Common Open Space per Dwelling Unit: 185 square feet f. Development Standards—Single-Family Residential Attached ■ Minimum Area per Dwelling Unit: 3,500 square feet ■ Minimum Lot Width: None ■ Minimum Lot Depth: None ■ Minimum Perimeter Setback: 20 feet ■ Minimum Lot Setbacks: o Front: 10 feet ■ May be reduced to 5 feet with rear or side -loaded garages* ■ Front porch: 5 feet* ■ Front -loaded garage: 20 feet ■ Side -loaded garage: 5 feet* *May not encroach into the public utility easement, if required o Street: ■ 8 feet o Side: 0 feet ■ Accessory structures: 5 feet o Rear: 10 feet ■ Can be reduced to 5 feet with rear -loaded garage ■ Patio structures: 5 feet if open on 3 sides ■ Accessory structures: 5 feet ■ Maximum Building Height: 30 feet ■ Building Separation: 0 feet ■ Maximum Lot Coverage: 55% ■ Minimum Private Open Space per Dwelling Unit (patio, balcony, or combination thereof): 100 square feet ■ Minimum Common Open Space per Dwelling Unit: 140 square feet t%n Gladden Farms II IV -9 COO Specific Plan Development Regulations 5. Transitional Zone JR) a. Permitted Uses ■ Any Use Listed in High Density Residential* ■ Professional/ General Office ■ Dental and Medical Office or Clinic ■ Personal Services ■ Government/Public Service Facilities ■ Retail and Wholesale Uses** ■ Restaurant and Food Service** ■ Model Home Sales Center *Single -Family Residential Attached and Multi -Family not allowed in Block 44 **Not allowed in Block 44 b. Accessory Uses ■ Carports and Garages ■ Swimming Pools, Spas, and Other Related Structures ■ Tennis courts C. Conditional Uses ■ Child care facilities ■ Group homes ■ Educational facilities ■ Restaurant and Food Service with drive-thru service d. Development Standards—Residential ■ See High Density Residential e. Development Standards—Non-Residential ■ Minimum Site Area: None ■ Maximum Lot Coverage: 35% ■ Minimum Setbacks o Front (Street): 25 feet o Side: 20 feet o Rear: 20 feet o Adjacent to residential land use designation: 1 foot for every foot in building height, half of the setback shall be landscaped; minimum 25 -foot setback with a minimum 15 -foot landscape buffer ■ Maximum Building Height: 50 feet*** ***May not exceed 30 feet in Block 44. t%n Gladden Farms II IV -10 COO Specific Plan Development Regulations 6. Commercial (C) a. Permitted Uses ■ Banks and Financial Institutions ■ Professional/ General Office ■ Dental and Medical Office or Clinic ■ Restaurant (including carry -out and drive-thru) ■ Retail and Wholesale Uses ■ Recreational Uses ■ Personal Services ■ Government/Public Service Facilities ■ Religious Uses ■ Daycare ■ Supermarkets ■ Private Schools ■ Laundromats ■ Home Improvement Centers ■ Pet and Pet Supply Stores ■ Theaters, not including drive-ins ■ Medical/Healthcare/Extended Care Facilities,* including: o Acute Care Hospital with helicopter landing* o Surgical Center* o Endoscopy Center* o Specialty Hospital* o Emergency Care Center* o Urgent Care Center* o Physical Therapy* o Rehabilitation Center* o Extended Care Facility* o Home Health Service* o Birthing Center* o Health Maintenance Organization or Similar Direct Care Provider* o Outpatient Imaging or Testing Center* o Permanent emergency diesel fuel storage (in conjunction with hospital)* o Parking Structures* o Other hospital related uses subject to approval by the Planning Director* ■ Automobile Sales* ■ Personal Storage* ■ Lodging Facilities* *These uses only allowed in Block 29 b. Conditional Uses ■ Automobile Service Stations t%n Gladden Farms II IV -11 COO Specific Plan Development Regulations ■ Car Washes ■ Convenience Stores ■ Multi -Family Residential C. Development Standards ■ Minimum Site Area: None ■ Maximum Lot Coverage: 35% ■ Minimum Site Setbacks o Front (Street): 25 feet o Side: 20 feet o Rear: 20 feet o Adjacent to residential: 40 feet ■ Maximum Building Height: 50 feet ■ Maximum Hospital Building Height: 80 feet ■ Building Separation: Per Building Code t%n Gladden Farms II IV -12 COO Specific Plan 7. Park Development Regulations a. Permitted Uses ■ Dog Park ■ Play Equipment ■ Ramadas and Picnic Tables ■ Recreation Centers ■ Trails ■ Water Splash Park Pool t%n Gladden Farms II IV -13 COO Specific Plan Development Regulations 8. Commercial (C) a. Permitted Uses ■ Banks and Financial Institutions ■ Professional/Medical/General Office ■ Restaurant (including carry -out and drive-thru) ■ Retail and Wholesale Uses ■ Recreational Uses ■ Personal Services ■ Government/Public Service Facilities ■ Religious Uses ■ Daycare ■ Supermarkets ■ Private Schools ■ Laundromats ■ Home Improvement Centers ■ Pet and Pet Supply Stores ■ Theaters, not including drive-ins ■ Automobile Sales* ■ Personal Storage* ■ Lodging Facilities* *These uses only allowed in Block 4 b. Conditional Uses ■ Automobile Service Stations ■ Car Washes ■ Convenience Stores ■ Multi -Family Residential C. Development Standards ■ Minimum Site Area: None ■ Maximum Lot Coverage: 35% ■ Minimum Site Setbacks o Front (Street): 25 feet o Side: 20 feet o Rear: 20 feet o Adjacent to residential: 40 feet ■ Maximum Building Height: 50 feet ■ Building Separation: Per Building Code t%n Gladden Farms II IV -14 COO Specific Plan Development Regulations D. Design Standards The Gladden Farms II Specific Plan will adhere to the Residential Design Guidelines (Ordinance 2005-18) adopted by the Marana Town Council. This Specific Plan will also adhere to its own design standards. Together, these design standards will provide a reference for the planning and designing of residential, commercial, recreational, and all other development within this Specific Plan. The design standards have been separated into two categories: Town Enforced and Design Review Committee Enforced. Standards for all other categories within this Specific Plan will be reviewed by the Gladden Farms Design Review Committee (DRC) and enforced by the Town of Marana, as applicable. The architectural character of Gladden Farms II will be consistent with that outlined in the Northwest Marana Area Plan and will reflect the rural and agricultural heritage of the Town of Marana. There will be a mix of architectural styles, including Spanish Colonial, Mission, Spanish Eclectic, Pueblo, and Territorial. All proposed structures in Gladden Farms II shall be consistent with the standards contained herein and shall require architectural approval from the DRC. In addition, a more extensive design standards manual will be created for this project to ensure a high-quality development. This document will be submitted to the Town before the development of the property. It will be utilized by the DRC and Master Developer to guide the development of the community. The intent of these standards is to guide the development of a specified architectural context and to help in the selection of materials and colors. The standards are to be used to achieve project continuity and a standard of quality while establishing a greater visual identity. 1. Town Enforced Residential Design Standards a. General The following standards shall apply to the entire Gladden Farms II Specific Plan. ■ All styles shall reflect the rural and agrarian heritage of Northwest Marana. These include Spanish Colonial, Mission, Spanish Eclectic, Pueblo, and Territorial. ■ Residential and educational facilities must be provided with insulation or otherwise designed to reduce the interior noise level to Ldn 45 or less. ■ Roofs shall be made of tile, slate or concrete shingles, metal, or other material indigenous to the style of architecture. ■ Single-family detached land use designations and higher density residential land use designations shall be separated by a collector t%n Gladden Farms II IV -15 COO Specific Plan Development Regulations street, open space (including the open space paseo system), or a 40 - foot landscaped buffer. b. Layout ■ Every neighborhood within the Specific Plan shall be accessible from an open space paseo that is integrated into the neighborhood design. ■ All utilities shall be placed underground with the exception of high voltage electric. ■ Primary entrances to apartment buildings shall be located so they are easily identifiable from interior driveways and parking areas. ■ Buildings shall be sited to maximize views through the site to parks, plazas, open spaces, mountains, etc. ■ Front setbacks shall vary up to 5 feet on attached units to create variation in building form. ■ Lots within the HDR designation shall be a mixture of sizes. C. Design—Single-Family Detached ■ Exterior design theme and detailing shall be extended a minimum of 8 feet on the sides of houses. ■ Two-story houses must have at least two distinct masses visible from the street. ■ The minimum street frontage shall be 30 feet for all single-family detached residential lots. d. Design—Single-Family Attached and Multi -Family ■ Fagades of long buildings shall be architecturally subdivided into shorter segments. This can be accomplished through vertical architectural features, varying the setback of portions of the building along the main fagade, and change in color or material in appropriate places. These features should be placed a minimum of every 25 feet to a maximum of every 50 feet. ■ There shall be no more than 6 attached townhomes in one grouping. ■ Outdoor spaces such as balconies, patios, or porches are required for multi -family and single-family attached units. ■ Architectural detailing shall be provided on all side and rear windows. ■ Visitor parking shall be provided at a ratio of one space per dwelling unit, unless the Planning Director determines otherwise. e. Garages ■ Garages shall be a minimum of 400 square feet with an interior dimension of 20 feet by 20 feet. This applies to the standard two car garage. It does not apply to additional garage space. ■ For attached units, 1 -car garages are acceptable with the approval of the Planning Director at the time of preliminary plat submittal. ■ Tandem garages are acceptable for the attached units. t%n Gladden Farms II IV -16 COO Specific Plan Development Regulations 2. Design Review Committee Enforced Residential Design Standards a. General ■ All Town Enforced standards will also be reviewed by the DRC for compliance. ■ A particular style should not dominate the entire project area, but rather, a cultivated theme should result in integrating building designs and project areas, each with their own character. ■ The architectural character of each planning area should be visually perceived from the street. ■ All structures and community features shall be coordinated in architectural materials, details, and quality. ■ Ducts, pipes, gutters, downspouts, and similar equipment are to be painted to match the surface of the building or may be painted a complementary accent color. ■ To the extent possible, buildings shall be designed and oriented to take advantage of solar access. b. Layout ■ Variations in architectural style, building setbacks and street layout shall be incorporated into each neighborhood design. ■ There shall be a diversity of lot sizes and dimensions. C. Design—Single-Family Detached ■ Chimneys shall be rock, stone, brick or of a finish material (such as stucco) identical to the accompanying structure and shall include a chimney cap. ■ All parking structures/decks, either free-standing or attached, shall incorporate the same design elements as the accompanying structure or dwelling. ■ Consistent architectural detail and features shall be provided on side and rear elevations. ■ Windows shall be varied and relate to the selected architectural style. ■ The use of front porches is encouraged. d. Design—Single-Family Attached and Multi -Family ■ Multi -family and single-family attached buildings shall use compatible architectural characteristics as adjacent development to blend in and avoid a monotonous exterior. ■ The scale of multi -family buildings should be compatible with surrounding residential neighborhoods. A large box -like apartment complex shall be avoided. ■ A variety of heights, colors, setbacks, and stepbacks are encouraged. ■ Four-sided architecture shall be required. t%n Gladden Farms II IV -17 COO Specific Plan Development Regulations e. Garages ■ Reduce the prominence of the garage by locating it off the public street for attached units. ■ Garage doors must be painted a complementary accent color to the main building. f. Roof ■ Roof design shall be visually integrated into the overall building architecture. ■ Flat roofs shall include proportionately sized parapet features. ■ Attached housing units shall maintain separate identifiable roof forms. 3. Town Enforced Commercial Design Standards a. Layout ■ Entrances shall be located along arterial and collector roads. ■ All loading and service areas shall be placed on the side or rear of the building and shall have an appropriately sized screen wall. They shall not be visible from the front or adjacent properties. ■ Trash areas shall be centrally located and properly screened with walls and solid doors similar in design to the project architecture. ■ Single-family detached units and commercial shall be separated by a collector street, open space (including the open space paseo system), or a 40 -foot landscaped buffer. b. Design ■ Define building entrances through the use of building recesses, projections, colonnades, space frames or other appropriate architectural features. ■ Ducts, pipes, gutters, downspouts, and similar equipment are to be painted to match the surface of the building or may be painted a complementary accent color. ■ Primary building entries shall be positioned so they are immediately identifiable from the interior driveways and parking areas. C. Roofs ■ Roofs shall be made of tile, slate or concrete shingles, wood shingles, or metal. ■ All roof screens shall be continuous. d. Exterior Finish Materials ■ Permitted exterior finish materials include masonry (concrete, glass, or brick), wood, textured or exposed aggregate, stone or stone veneer. ■ The use of pre -fab, all -metal steel is prohibited. Finished metal details within architecturally designed structures may be used. t%n Gladden Farms II IV -18 COO Specific Plan Development Regulations e. Storage ■ Materials, supplies, and equipment shall be stored inside a building or behind a screen wall such that they are not visible from streets and adjacent properties. f. Off -Street Loading and Service Areas ■ Conceal all service areas and storage areas within the building, or screen those exterior areas with solid masonry or stucco stud walls. g. Mechanical Equipment ■ Exterior components of plumbing, processing, heating, cooling, and ventilation systems shall not be visible to an individual standing on the ground or ground -floor elevation from an adjacent property. ■ Screen roof- and ground -mounted equipment from all sides. Mechanical equipment must be covered by continuous grills or louvers. ■ Exterior junction receptacles for electrical or irrigation purposes shall be landscaped to screen from view in accordance with Tucson Electric Power standards. ■ Exterior receptacles shall be painted to match the main building or a complementary color to the main building. h. Refuse Containers ■ Trash areas shall be retained in central locations. These locations shall be completely enclosed by a screen wall with solid doors constructed of materials and colors that are architecturally compatible to the main structure(s). 4. Design Review Committee Enforced Commercial Design Standards All Town Enforced standards will also be reviewed by the DRC for compliance. a. Layout ■ Create plazas, courtyard spaces, and pedestrian walkways through coordinated placement and orientation of buildings. ■ Buildings should be sited to maximize views through the site to parks, plazas, open spaces, mountains, etc. ■ Commercial areas shall be pedestrian friendly and include pedestrian spaces with amenities such as furniture. The furniture should be located in a convenient space that does not obstruct entrances, exits, or paths. ■ Buildings will be designed to minimize the visual impact of parking lots. t%n Gladden Farms II IV -19 COO Specific Plan Development Regulations b. Design ■ Commercial buildings shall be encouraged to use a variety of surfaces, textures, shapes, multi -planed roofs, and wall articulation. ■ Design building mass and fenestration in proper proportion and scale with the site, adjacent streets, and developments. ■ Architectural styles shall follow the agricultural theme of the Specific Plan and must be approved by the DRC. ■ Long, unarticulated building facades should be avoided through the use of window panels, reveals, recesses, projections and other decorative elements such as molding and arches. ■ Building entries may be illuminated with soffit, bollard, step or other comparable lighting. C. Exterior Finish Materials ■ Windows should be of lightly reflective glass, tinted bronze, blue, or green glass or transparent glass. ■ Reflective glass may be used to limit transfer of heat while maximizing available sunlight for interior illumination. ■ Building materials and landscaping shall be consistent with adjacent, non-residential buildings to create an overall sense of unity in design. 5. Streets The streets within Gladden Farms II are designed to create a safe and effective circulation system. The arterial and collector roads will have multi -use lanes and sidewalks to promote alternative modes of transportation and connectivity to the multi -use trail system. Appropriate traffic -calming techniques, designed per the Town's standards and approved by the Town, may be included in the design. All streets will conform to Town of Marana Street Standards, including curbing and pedestrian/bicycle accommodation. a. Arterial Roads Tangerine Farms Road and Moore Road are arterial roads with 250 -foot future rights-of-way. Both will be 4 -lane divided roads with multi -use lanes and landscaped buffers on both sides. In conformance with the Northwest Marana Area Plan, there will a 100 -foot buffer with an 8 -foot -wide meandering multi -use trail, and the opposite side will feature a 20 -foot landscape buffer with sidewalk. Gladden Farms I has already built the 100 -foot buffer along the south side of Moore Road adjacent to their property. Gladden Farms 11 will continue this with the same quality design and integrity. Clark Farms will be constructed by this developer from Moore Road to the point where it reaches the eastern property boundary. From this point t%n Gladden Farms II IV -20 COO Specific Plan Development Regulations south, the cost of building the road will be shared with the developer of the adjacent property to the east. It will have a 150 -foot right-of-way to accommodate 4 lanes of traffic. b. Collector Roads Mike Etter Boulevard, Southfield Road and Pacheco Farms Road will have 90 -foot rights-of-way that accommodate 2 lanes of traffic, multi -use lanes, and sidewalks on both sides. A 56' ROW -public, residential collector road (currently un -named) will provide access to the 8.8 -acre neighborhood park for Gladden Farms residents as well as Blocks 31 and 33. C. Local Roads Local roads will be constructed in accordance with Town requirements. 6. Open Space Open space within a community contributes to quality of life by offering recreational opportunities and providing a buffer between varying land use intensities. Gladden Farms II will create a vital open space amenity through the use of paseos designed to connect all areas of the community. Access to the paseos from backyard gates is prohibited. Rather, access will be provided from public areas and streets. The paseo system will be under the control of the homeowners' association. a. Multi -Use Trail A multi -use trail will be provided throughout the paseo system. It will provide critical linkage opportunities for pedestrian and bicycle users for the entire project area. Multi -use trails shall be a minimum of 12 -feet wide with 2 -foot shoulders and constructed of asphalt or concrete. The trails shall be landscaped according to the landscape standards outlined in this plan. b. Common Areas Common areas will be located throughout the entire site in the form of multi -use paseos and neighborhood pocket parks to be used by all residents within Gladden Farms I and II communities. All common areas will be under control of the homeowners association. C. Drainage Within each paseo, a partially grass -lined drainage facility will likely be developed. The grass edge is to be smooth and sweeping but not following the actual edge of the drainage improvement. The improvements shall have smooth, curving edges—not engineered straight t%n Gladden Farms II IV -21 COO Specific Plan Development Regulations lines. The slope of the sides of the channel shall vary and, in most cases, shall not be steeper than 3:1. If the drainage channels utilize rip -rap, adequate space for trees to grow shall be provided within the channels. d. Irrigation Non -potable water will be provided by the Town of Marana or CMID and will be available for landscaped open areas, including the buffer and streetscape areas along arterial and collector roads. Until non -potable water supply is available, potable water may be used. e. Outdoor Furniture Street furniture may include trash receptacles, benches, bus shelters, planters, bicycle racks, bollards, and information displays. 7. Landscaping a. General ■ All trees will be required to meet the Arizona Nurseryman's Association standards as to caliper. ■ The Builder shall be responsible for tree installation and the prompt replacement of diseased or dead specimens for a period of one year from the date of occupancy permit issuance. ■ Streetscapes shall be maintained year-round by the homeowners association. Deceased plants shall be replaced promptly with materials comparable in size to existing plants. ■ Installation of street trees, including automatic irrigation, should be completed prior to the issuance of occupancy permit for the residence. The Master Developer may require the installation of trees in vacant lots for the purpose of logical, orderly development. ■ Tree selection shall conform to the approved tree list in Appendix B: Plant Palette. b. Residential ■ The trees are to be 15 -gallon minimum as well as 24 -inch box size. ■ On corner lots, multiple trees within the 5 -foot easement or the 5 -foot common area, depending on the plat, are required. ■ In addition to the street trees, each front yard is required to have an additional tree and six shrubs informally planted or ground cover. ■ Minimum shrub size shall be one gallon. C. Commercial ■ In commercial areas there shall be one tree per every four parking stalls, as required by the Northwest Marana Area Plan. ■ A minimum of 30% of the trees are to be 24 -inch box size; the balance shall be a minimum of 15 gallon size. t%n Gladden Farms II IV -22 COO Specific Plan Development Regulations ■ No trees or shrubs shall be planted within 10 feet of any commercial entry driveway. ■ Service areas shall have a 6 -foot minimum dense landscape screen and a 5 -foot minimum buffer wall. ■ Prior to the preparation of a final landscape plan, a landscape architect must review impacts on underground utilities. ■ Adjoining parcels for future phase development will have the required streetscape fully implemented when the first phase of development occurs. ■ Off-street parking areas shall include a minimum 3 -foot screen wall adjacent to parking stalls to screen the parked cars from the public right-of-way. d. Street ■ Street trees should establish a distinctive street scene along arterials and collectors. ■ Street trees are required on all internal residential streets. ■ Street trees shall be a minimum of 24 -inch box or 20 -gallon size. ■ Trees to be located at 40 feet on the center, plus or minus. ■ Trees shall be planted in accordance with the approved residential design standards. ■ Trees must be provided at a minimum of one tree per lot; however, spacing may vary within individual neighborhoods. e. Open Space ■ The paseos and buffers should be planted with drought -resistant plants. Green drought -tolerant plant material is preferred and cactus should be minimized. ■ Trees are to be a minimum of 15 -gallon size with 25% being 24 -inch box or 20 -gallon size. ■ Shrubs are to be a minimum of 5 -gallon size. ■ Groundcover is to be a minimum of 1 -gallon size. ■ Orchard areas shall contain a minimum of 20 trees. ■ The paseo planting design shall be compatible with streetscape and adjacent development improvements. ■ Turf areas are allowed in the paseos. f. Irrigation Irrigation for all landscaping, including streetscapes, buffers, and open space will utilize a non -potable water system provided by the Town of Marana or CMID. Until the supply is in place, potable water may be used. t%n Gladden Farms II IV -23 COO Specific Plan Development Regulations 8. Monumentation a. Project Entry Project entry monuments for Gladden Farms II will be constructed by the Master Developer. There will be two types of entry monuments, Major and Minor. The Major monuments will announce the primary entrance to the development along Tangerine Farms Road near Clark Farms Boulevard. The Minor monuments will announce the secondary entries at Tangerine Farms Road and Southfield Road, Moore Road at Mike Etter Blvd., and at the point where Clark Farms Blvd. enters the Specific Plan on the north boundary of the project. For traffic visibility purposes, no structure between 30 and 72 inches in height relative to the adjacent roadways shall be placed within an intersection's sight visibility triangles. b. Residential Parcels Each entry into a subdivision will be unique in character but will have common elements that tie into the overall Gladden Farms II community theme. Each subdivision shall have a minimum of one primary entry feature and may have more than one secondary or tertiary entry features. Entry features shall comply with the Town of Marana sight visibility triangle requirements. The residential entry monuments shall be approved by the DRC and built by the Builder. C. Commercial Parcels Commercial developments may have their own entry monumentation, but must have common elements that tie into the overall community theme. Village perimeter walls that are developed along arterial or collector edge shall be compatible with entry monumentation by incorporating similar materials. 9. Signs Signs are an essential element within a planned community because they provide a sense of identity and visual orientation. They provide visual communication for residents and visitors while reflecting an image of connectivity throughout the community. Signs should be designed with the character of development and should be at a consistent scale and style throughout the community. These sign guidelines and regulations shall apply to all developments within this Specific Plan area. It is intended that the uniform application of these provisions provide the basis for an integrated visual character and continuity through all project phases. These sign standards are in addition to those issued by the Town of Marana. t%n Gladden Farms II IV -24 COO Specific Plan Development Regulations a. General Regulations The following sign regulations are intended to provide equitable standards for the protection of property values, visual aesthetics and the public health, safety, and general welfare for the residents of Gladden Farms II. These regulations apply to all signs: ■ All light sources, either internal or external, provided to illuminate signs shall be placed or directed away from public streets, highways, sidewalks or adjacent premises to not cause glare or reflection that may constitute a traffic hazard or nuisance. ■ Any sign located on vacant or unoccupied property that was erected for a business which no longer exists or any sign which pertains to a time, event or purpose which no longer exists shall be removed within 45 days after the use has been abandoned. ■ All signs shall be designed free of bracing, angle -iron, guy wires, cables or similar devices. ■ The exposed backs of all signs visible to the public shall be suitably covered, finished, and properly maintained. ■ All signs shall be maintained in good repair including display surfaces, which shall be kept neatly painted or posted. ■ Any sign which does not conform to the provisions contained herein shall be made to conform or shall be removed. ■ The height of all signs shall be measured vertically from the highest point of the sign to the average finished grade beneath the sign, exclusive of any part of the sign not included in the area calculations. ■ All sign lighting shall adhere to the Town of Marana Outdoor Lighting Code. ■ All traffic -related signs (including street name signs) shall conform to the latest edition of the Manual on Uniform Traffic Control Devices. b. Prohibited Signs The following signs shall be prohibited in all zones within the project area: ■ Inflatable signs. ■ Rooftop signs. ■ Signs on trailers or painted on the sides of disabled or parked vehicles. ■ Rotating, revolving, or flashing signs. ■ Signs advertising or displaying any unlawful act, business or purpose. ■ Any sign, notice or advertisement affixed to any street right-of-way, public sidewalk, crosswalk, curb, lamp post, hydrant, tree, telephone pole, lighting system, or upon any fixture of the fire or police alarm system of the Town of Marana. t%n Gladden Farms II IV -25 COO Specific Plan Development Regulations ■ Any strings or pennants, banners or streamers, clusters of flags, strings of twirlers or propellers, flares, sky dancers, balloons and similar attention -getting devices, including noise -emitting devices, with the exception of the following: o Pennants, banners, balloons, or flags used for special events such as grand openings or in conjunction with subdivision sales offices, tract entry points, and other similar events. o National, state, local governmental, institutional or corporate flags properly displayed. o Holiday decoration, in season, used for an aggregate period of 90 days in any one calendar year. C. Design Standards Sign standards that establish maximum number and location will be included in the design standards manual created for this project to be submitted to the Town at a later date. These standards will provide a basis for the developer and the jurisdiction to design, pattern, and regulate a consistent sign program. 10. Walls and Fencing The following standards apply to all walls and fencing throughout the project. More extensive standards will be submitted prior to the development process. ■ All screen walls shall use graffiti resistant paint or materials. ■ Two -rail white vinyl fencing may be used in conjunction with certain landscape treatments including orchard areas and other formal tree plantings. Other fence types must be approved by the DRC. ■ Fences of sheet or corrugated iron, steel, aluminum, asbestos, or any type of chain-link fencing are specifically prohibited. ■ Walls constructed at major community entry points and along community streets shall be consistent with the project's theme area in materials and design. ■ Alternative walls and fences within the project area shall be consistent with the architectural theme of the planned area, reflecting materials and design of the architectural theme and must be approved by the DRC. ■ The Master Developer shall determine where walls and fencing may be placed in Gladden Farms II, with the idea to eliminate walls and fencing as appropriate. ■ Walls and fences throughout the project area must be consistent with the architectural theme of the project. 11. Signs Signs are an essential element within a planned community because they provide a sense of identity and visual orientation. They provide visual t%n Gladden Farms II IV -26 COO Specific Plan Development Regulations communication for residents and visitors while reflecting an image of connectivity throughout the community. Signs should be designed with the character of development and should be at a consistent scale and style throughout the community. These sign guidelines and regulations shall apply to all developments within this Specific Plan area. It is intended that the uniform application of these provisions provide the basis for an integrated visual character and continuity through all project phases. These sign standards are in addition to those issued by the Town of Marana. a. General Regulations The following sign regulations are intended to provide equitable standards for the protection of property values, visual aesthetics and the public health, safety, and general welfare for the residents of Gladden Farms II. These regulations apply to all signs: ■ All light sources, either internal or external, provided to illuminate signs shall be placed or directed away from public streets, highways, sidewalks or adjacent premises to not cause glare or reflection that may constitute a traffic hazard or nuisance. ■ Any sign located on vacant or unoccupied property that was erected for a business which no longer exists or any sign which pertains to a time, event or purpose which no longer exists shall be removed within 45 days after the use has been abandoned. ■ All signs shall be designed free of bracing, angle -iron, guy wires, cables or similar devices. ■ The exposed backs of all signs visible to the public shall be suitably covered, finished, and properly maintained. ■ All signs shall be maintained in good repair including display surfaces, which shall be kept neatly painted or posted. ■ Any sign which does not conform to the provisions contained herein shall be made to conform or shall be removed. ■ The height of all signs shall be measured vertically from the highest point of the sign to the average finished grade beneath the sign, exclusive of any part of the sign not included in the area calculations. ■ All sign lighting shall adhere to the Town of Marana Outdoor Lighting Code. ■ All traffic -related signs (including street name signs) shall conform to the latest edition of the Manual on Uniform Traffic Control Devices. b. Prohibited Signs The following signs shall be prohibited in all zones within the project area: ■ Inflatable signs. ■ Rooftop signs. t%n Gladden Farms II IV -27 COO Specific Plan Development Regulations ■ Signs on trailers or painted on the sides of disabled or parked vehicles. ■ Rotating, revolving, or flashing signs. ■ Signs advertising or displaying any unlawful act, business or purpose. ■ Any sign, notice or advertisement affixed to any street right-of-way, public sidewalk, crosswalk, curb, lamp post, hydrant, tree, telephone pole, lighting system, or upon any fixture of the fire or police alarm system of the Town of Marana. ■ Any strings or pennants, banners or streamers, clusters of flags, strings of twirlers or propellers, flares, sky dancers, balloons and similar attention -getting devices, including noise -emitting devices, with the exception of the following: o Pennants, banners, balloons, or flags used for special events such as grand openings or in conjunction with subdivision sales offices, tract entry points, and other similar events. o National, state, local governmental, institutional or corporate flags properly displayed. o Holiday decoration, in season, used for an aggregate period of 90 days in any one calendar year. C. Design Standards Sign standards that establish maximum number and location will be included in the design standards manual created for this project to be submitted to the Town at a later date. These standards will provide a basis for the developer and the jurisdiction to design, pattern, and regulate a consistent sign program. 12. Walls and Fencing The following standards apply to all walls and fencing throughout the project. More extensive standards will be submitted prior to the development process. ■ All screen walls shall use graffiti resistant paint or materials. ■ Two -rail white vinyl fencing may be used in conjunction with certain landscape treatments including orchard areas and other formal tree plantings. Other fence types must be approved by the DRC. ■ Fences of sheet or corrugated iron, steel, aluminum, asbestos, or any type of chain-link fencing are specifically prohibited. ■ Walls constructed at major community entry points and along community streets shall be consistent with the project's theme area in materials and design. ■ Alternative walls and fences within the project area shall be consistent with the architectural theme of the planned area, reflecting materials and design of the architectural theme and must be approved by the DRC. t%n Gladden Farms II IV -28 COO Specific Plan Development Regulations ■ The Master Developer shall determine where walls and fencing may be placed in Gladden Farms II, with the idea to eliminate walls and fencing as appropriate. ■ Walls and fences throughout the project area must be consistent with the architectural theme of the project. t%n Gladden Farms II IV -29 COO Specific Plan V. Implementation and Administration Implementation and Administration A. Purpose This section of the Specific Plan outlines the implementation of development on the project site. It identifies the responsible party to ensure the project is built in coordination with infrastructure improvements, providing a continuity of design. This section also provides guidance regarding general administration of and amendment procedures to the Specific Plan. B. Proposed Changes to Zoning Ordinance The Development Regulations section of the Specific Plan addresses only those areas that differ from the Town of Marana Land Development Code. If an issue, condition, or situation arises that is not covered or provided for in this Specific Plan, those regulations in the Town of Marana Land Development Code that are applicable for the most similar issue, condition or situation shall be used by the Planning Director as the guidelines to resolve the unclear issue, condition or situation. C. General Implementation Responsibilities The implementation of the Gladden Farms II Specific Plan is the responsibility of the Master Developer, the Builder, the Gladden Farms Community Association (which will have separate committees to review the design features) and the Town of Marana. The Gladden Farms II development will be integrated with the Gladden Farms Community Association to the west. The purpose of having one large community association is to ensure that residents of both developments will have rights to all the amenity areas in both projects and provide consistency in fee structure. The Master Developer, referenced herein as FC/M Gladden II, LLC, is the entity responsible for providing the basic infrastructure needs including roads, sewer, and water in a timely and efficient manner. The Master Developer forms the community association and the design review committees and is responsible for recording the Master CC&R's. The Builder is the purchaser of a development area(s), or portions of a development area, and is responsible for building within their area(s) of ownership. The Gladden Farms Community Association (Association) has been set up by the Master Developer. During this time, the Master Developer, or its designee, has the power to appoint and remove board members until such time that the Master Developer relinquishes control or all planning areas have been conveyed to non -builder owners. The Association shall administer the property, prepare the budget, assign and collect fees, and review architectural design. t%n Gladden Farms II V-1 COO Specific Plan Implementation and Administration The Town of Marana Development Services will be responsible for ensuring all policies and standards laid out in this Specific Plan are adhered to during its review of all development in Gladden Farms 11. The Town of Marana Mayor and Council approved the formation of a Community Facilities District within Gladden Farms I in 2004. The purpose of this district is to assist with the construction and implementation of major infrastructure. The intent of the Master Developer is to enter into a similar agreement with the Town of Marana to form a Community Facilities District within Gladden Farms 11. D. Development Review Procedure All development plans and subdivision plats within Gladden Farms II shall be subject to and implemented through the review and approval process adopted by the Town of Marana. In addition, all development is subject to the building permit process as outlined by the Town of Marana. Prior to submitting preliminary and final subdivision plats and/or development plans to the Town, applicants must submit all plans to the Master Developer for approval. The Master Developer and the Association reserve the right to review any design or architectural aspect of the development that affects the exterior appearance of any structure or area of land. This includes the review of signage, landscaping, entry features, street standards, and architecture for conformance to the Development Regulations and Design Guidelines outlined in this Specific Plan. E. Design Review Process The Gladden Farms Community Association has created the New Construction Review Committee and the Modification Committee to review development within the two project areas. The New Construction Review Committee shall review submittals from builders for all original construction prior to submitting plans for Town Review. The Modification Committee shall review submittals from subsequent property owners making changes to existing construction or changes/additions to exterior landscape and/or hardscape. All development is subject to review by the Association and the appropriate committee. The applicable plans and documents, as deemed necessary by the Association shall be submitted along with a Design Review Application (Appendix D) and the required design fees as follows: New construction - $500 per floor plan Modification to existing improvements — No fee with the following exception: The Association reserves the right to require plan review by an outside consultant, in which case the applicant will be responsible for fees charged by the outside consultant. Design Review Applications may be submitted to: t%n Gladden Farms II V-2 COO Specific Plan Implementation and Administration Gladden Farms Homeowners' Association c/o Tanya Martin 11103 West Moore Road, #4 Marana, Arizona 85653 F. Phasing The development will likely consist of four phases, beginning in the northwest corner. The initial site work will begin in 2006. Infrastructure such as roads, sewer, water and grading will be constructed and extended in accordance to the build out of the project. Construction of the houses is estimated to begin the following year. The spine infrastructure needed to serve the blocks will be in place by the time the certificates of occupancy are issued for said blocks. Phase I is scheduled to include Blocks 26, 30, 35, and 39. Phase II includes Blocks 36, 40, and 41. Blocks 27, 31, 32, 37, 42, and 43 will be included in Phase III. The final phase, Phase IV, includes Blocks 28, 29, 33, 34, and 38. An Improvement District for Tangerine Farms Road is being established by the Town. The Master Developer will participate in this district. It is estimated that construction of Tangerine Farms Road will begin in March 2006 and end in 2007. The purpose of the phasing plan is to relate infrastructure requirements to proposed development. Although the sequence is implied, development of phases may occur in a different order or concurrently, at the discretion of the Master Developer, as long as the related infrastructure is adequately in place. Change in the phasing order can occur due to unforeseen factors affecting development. Flexibility is needed within the Specific Plan to address these changing needs while still maintaining a timely development. G. Specific Plan Administration 1. Enforcement The Gladden Farms II Specific Plan shall be administered and enforced by the Town of Marana Development Services Department in accordance with the provisions of the Specific Plan and the applicable provisions of the Town of Marana Land Development Code. 2. Administrative Change Certain changes to the explicit provisions in the Specific Plan may be made administratively by the Town of Marana Planning Director, provided said changes are not in conflict with the overall intent as expressed in the Gladden Farms II Specific Plan. Any changes must conform to the goals and objectives of the Plan. t%n Gladden Farms II V-3 COO Specific Plan Implementation and Administration The Planning Director's decision regarding administrative changes and determination of substantial change as outlined below shall be subject to appeal by the Town Council. Categories of administrative change include, but are not limited to: ■ The addition of new information to the Specific Plan maps or text that does not change the effect of any regulations or guidelines, as interpreted by the Planning Director; ■ Changes to the community infrastructure planning and alignment such as roads, drainage, water, and sewer systems that do not increase the development capacity in the Specific Plan area; ■ Changes to development plan boundaries due to platting. Minor adjustments to development plan areas, drainage areas and other technical refinements to the Specific Plan due to adjustments in final road alignments will not require an amendment to the Specific Plan but will require staff approval; or ■ Changes to development regulations that are in the interest of the community and do not affect health or safety issues. 3. Substantial Change This Specific Plan may be substantially amended by the same procedure as it was adopted. Each request shall include all sections or portions of the Gladden Farms II Specific Plan that are affected by the change. The Planning Director shall determine if the amendment would result in a substantial change in plan regulations, as defined in the Town of Marana Land Development Code. 4. Interpretation The Planning Director shall be responsible for interpreting the provisions of this Specific Plan. Appeals to the Planning Director's interpretation may be made to the Board of Adjustment within 15 days from the date of the interpretation. If any provision of the Design Standards is considered ambiguous or unclear, the Planning Director shall be responsible for interpreting the intent of the Design Standards. 5. Fees Fees will be assessed as indicated by the Town's adopted fee schedule that is in place at the time of development. 6. Annual Report At the platting stage, the Master Developer will provide Town staff with a Monitoring Program outlined in Appendix D of the Northwest Area Marana Plan. This will provide Town of Marana staff with information to assess the impact of proposed developments on existing infrastructure and determine the needs for future development. t%n Gladden Farms II V-4 COO Specific Plan Appendix Appendix A: Legal Description Order No.: 21008977-3K - D EXHIBIT "ONE" That part of Section 35, Township 1 1 South, Range 1 1 East, Gila and Salt River Meridian, Pinna County, Arizona, lying South and Vilest of the Southwest right of way line of the relocated Tucson-Picacho Highway, Federal Interstate Project 94, as it existed on May 15, 1950; EXCEPT THEREFROM the right of way for Moore Road, formerly Grier Road, over the north 30 feet thereof, as shown on the map recorded in Rook 2 of Road Maps, Pages 126 through 129; ANIS EXCEPT THEREFROM the following two weft sites belonging to Cortaro VVa ter Users' Association. Marano Well No. 13 That portion of the Southeast quarter of the Southeast quarter of Section 35, Township 11 South., Range 11 East, Gila and Salt River Meridian, Pima County, Arizona, particularly bounded and described as follows: BEG1NNiNG at a point which is 62, 5 feet Northerly and 25 feet Westerly from the Southeast corner of said Section 35; THENCE Westerly 52.5 feet from and parallel to the South boundary line of said Section 35, a distance of 26.8 feet to a point which intersects the Northeast right-of-way line of the Cortaro Water Users' Lateral No. 6-112; THENCE in a Northwesterly direction along the said right-of-way line of Cortaro Water Users' Lateral No. 6-112 a distance of 109.3 feet to a paint; THENCE Easterly, 150 feet frorn and parallel to the South boundary line of said Section 35, a distance of 92.25 feet to a paint; THENCE Southerly 25 feet from and parallel to the East boundary line of said Section 35, a distance of 87.5 feet to the POINT OF BEGINNING; Marana Well No. 14 That portion of the Southeast quarter of the Northeast quarter of Section 35, Township 11 South, Range 11 East, Gila and Salt River Meridian, Pima county, Arizona, particularly bounded and described as follows: BEGINNING at a paint which is 938.66 feet Westerly and 50 feet Northerly from the East quarter corner of said Section; THENCE Westerly 50 feet from and parallel to the East and West center line of said Section 35, a distance of 135 feet to a point; THENCE Northerly 1 073.65feet from and parallel to the East line of the said Southeast quarter of the Northeast quarter of Section 35, 100 feet to a point; Gladden Farms II A-1 (;+�} Specific Plan Appendix A: Legal Description Order No.: 21008977 -JK - D THENCE Easterly 150 feet from and parallel to the East and West center line of said Section 35, 135 feet to a point; THENCE Southerly 9 38.6 5 feet from and parallel #o the East line of the said Southeast quarter of the Northeast quarter of Section 35, 100 feet to the POINT OF BEGINNING; AND EXCEPT THEREFROMthe following portion conveyed to Cortaro Marano Irrigation District in the Deed recorded in Docket 1968, Page 585: BEGINNING at a point on the North line of said Section 35, said point being South 89149'00" West, 591 .06 feet from the Northeast corner of said Section 35; THENCE South 49°37'00" East along the Southwesterly right of way line of Interstate 10, 357.77 feet; THENCE South 49053'00" East, 419.03 feet to the East line of said Section 35; THENCE South 00 1 5'00" East, 32.81 feet along said East line; THENCE South 49153'00" West, 448.44 feet; THENCE North 49137'00" Vilest, 386.97 feet to the aforesaid North line of Section 35; THENCE North 89049'00" East, 38.44 feet to the POINT OF BEGINNING; AND EXCEPT THEREFROM a strip of land 110 feet in width conveyed to the State of Ariozna, by and through its State Highway Commission in the Deed recorded in Docket 2003, Page 408 described as fcllows: BEUNN1NIG at the point of intersection of the existing Southwest right of way line of the existing Casa Grande -Tucson Highway with the East line of Section 35, from whence the Northeast corner of said Section 35 bears Northerly 359.70 feet; THENCE North 49°53'00" West along said existing Southwest right of way line, a distance of 325.42 feet; THENCE NDrth 49°37'00' West continuing along said existing Southwest right of way line, a distance of 229.27 feet, to a point on the North line of said Section; THENCE Westerly along said North sectirrn line, a distance of 169.15 feet; THENCE South 49°37'00" East 357.77 feet; THENCE South 49"53`00" East 419.03 feet to a point on the aforesaid East line of Section 35; THENCE= Northerly along East section line, a distance of 144.38 feet, to the POINT OF BEGINNING; AND EXCEPT THEREFROM the East 50 feet of the South 35 feet of the Southeast quarter of said Section 35, conveyed to Pima County in the Deed recorded in Docket 6141 1 , Page 1237. Gladden Farms II A-2 00 Specific Plan Appendix A: Legal Description Exhibit "B" The South 292.00 feet of the North 322.00 feet of the East 357.00 feet of the Northeast quarter of the Northeast quarter of Section 34, Township 11 South, Range 11 East, Gila and Salt River Meridian, Pima County, Arizona. Exhibit B to Marana Ordinance 2006.63 Gladden Farms II A-3 (;+�} Specific Plan Appendix B: Plant Palette A. Tree Palette 1. Arterial and Collector Street Trees Acacia salicina Willow Acacia Acacia smallii Sweet Acacia Acacia stenophylla Shoestring Acacia Celtis reticulate Western Hackberry Cercidium praecox Palo Brea Chilopsis linearis `Lois Adams' Desert Willow Cupressus arizonica Arizona Cypress Eucalyptus microtheca Coolibah Tree Eucalyptus polyanthemos Silver Dollar Gum Fraxinus velutina Arizona Ash Pinus eldarica Afghan Pine Prosopis chilensis Chilean Mesquite Prosopis glandulosa Honey Mesquite Prosopis velutina Velvet Mesquite Quercus buckleyi Redrock Oak Quercus polymorpha Montery Oak Quercus virginiana Southern Live Oak 2. Local Street Trees Acacia salicina Willow Acacia Acacia stenophylla Shoestring Acacia Fraxinus velutina Arizona Ash Prosopis chilensis Chilean Mesquite Prosopis glandulosa Honey Mesquite Prosopis hybrid Thornless Mesquite Prosopis velutina Velvet Mesquite Quercus buckleyi Redrock Oak Quercus polymorpha Montery Oak Quercus virginiana Southern Live Oak 3. Orchard Trees Acacia smallii Sweet Acacia Celtis reticulate Western Hackberry Chilopsis linearis `Lois Adams' Desert Willow Fraxinus velutina Arizona Ash Juglans major Walnut Quercus buckleyi Redrock Oak Quercus polymorpha Montery Oak Gladden Farms II B-1 (;+�} Specific Plan Appendix B: Plant Palette 4. Mesquite Bosque Trees Prosopis hybrid Thornless Mesquite Prosopis velutina Velvet Mesquite 5. Open Space Trees Acacia berlandieri Fern Acacia Acacia salicina Willow Acacia Acacia smallii Sweet Acacia Celtis reticulate Western Hackberry Cercidium floridum Blue Palo Verde Cercidium praecox Palo Brea Chilopsis linearis `Lois Adams' Desert Willow Fraxinus velutina Arizona Ash Juglans major Walnut Prosopis chilensis Chilean Mesquite Prosopis glandulosa Honey Mesquite Prosopis hybrid Thornless Mesquite Prosopis velutina Velvet Mesquite Quercus buckleyi Redrock Oak Quercus polymorpha Montery Oak Quercus virginiana Southern Live Oak 6. Palm Trees Palm trees may only be used in commercial development areas. Brahea armata Butia capitata Chamaerops humilis Cycas revol ute Phoenix canariensis Sabel palmetto Trachycarpus fortunei Washington filfera Washington robusta Gladden Farms II (;+�} Specific Plan Mexican Blue Fan Palm Pindo Palm Mediterranean Fan Palm Sago Palm Canary Island Date Palm Palmetto Palm Windmill Palm Mexican Fan Palm California Fan Palm [:, Appendix B: Plant Palette B. Shrub Palette 1. Ornamental Grasses Carex buchananii Leather Leaf Sedge Festuca glauca Blue Fescue Liriope muscari Lilyturf Muhlenbergia capillaries `Regal Mist' Regal Mist Deer Grass Muhlenbergia spp. Deer Grass Nolina microcarpa Bear Grass Pennisetum setaceum `Rubrum' Purple Fountain Grass Stipa tenuissima Mexican Feather Grass 2. Shrubs Anicanthus quadrifidus wrighti Mexican Flame Brush Acacia berlanderi Fern Acacia Callinadra eriophylla Pink Fairy Duster Cordia boissieri Texas Olive Dalea bicolor Silver Dalea Dalea frutescens Black Indigo Dalea pulchra Indigo Bush Dodonea viscose Green Hopseed Bush Ericameria larcifolia Terpentine Bush Ilex vomitoria Youpon Larrea tridentate Creosote Bush Leucophyllum spp. Texas Ranger/Rain Sage Lysiloma thornberi Feather Tree Myrtus communis Myrtle Nandina domestica Heavenly Bamboo Nerium oleander `Petite Pink' Petite Pink Oleander Nerium oleander `Sister Agnes' Sister Agnes Oleander Punica granatum Pomegranate Punica granatum `Nana' Dwarf Pomegranate Rosmarinus officinalis prostrates Trailing Rosemary Simmonsia chinensis Jojoba 3. Ground Covers Acacia redolens Freeway Acacia Calylophus dummondii Calylophus Dalea capitata Golden Dalea Dalea greggii Trailing Indigo Bush Lantana spp Lantana Oenothera stubbei Chihuahun Primrose Rosmarinus officinalis prostrates Trialing Rosemary Verbna tenusecta Sand Verbena Gladden Farms II B-3 (;+�} Specific Plan Appendix B: Plant Palette 4. Accents Agave geminiflora Twin Flowered Agave Chrysactinia mexicana Damiantia Dasyilirion acrotriche Green Desert Spoon Dasylirion longissimum Toothless Desert Spoon Dasylirion wheeleri Desert Spoon Dietes bicolor Fortnight Lily Encelia farinose Brilllebush Gaura lindheimeri Gaura Hermerocallis hybrids Day Lily Hesperalo parviflora Red Yucca Hymenoxys acaulis Angelita Daisy Viguiera stenoloba Golden Eye Yucca baccata Banana Yucca Yucca elata Soap Tree Yucca recurvifolia Weeping Yucca Yucca rigida Blue Yucca t%'% Gladden Farms II B-4 COO Specific Plan Appendix C: Citizen Participation Plan The State of Arizona's Growing Smarter legislation has established new requirements for towns, cities, and counties to better evaluate and subsequently respond to growth issues. A major element of this framework includes enhanced public participation and notification procedures. According to the Arizona Revised Statutes (A.R.S.) 9-641.06 (B), "the procedures shall provide for: a. The broad dissemination of proposals and alternatives; b. The opportunity for written comments; c. Public hearings after effective notice; d. Open discussions, communications programs and information services; and e. Consideration of public comments." The following information outlines the public participation plan for Gladden Farms 11: Representatives for Gladden Forest, LLC and The Planning Center will conduct a neighborhood meeting prior to the Planning and Zoning Commission public hearing. Section 10.02.0 of the Town of Marana Land Development Code requires all property owners within 300 feet be notified of a proposed rezoning. All residents living within Gladden Farms I will be invited as well as all neighboring property owners within a 300 -foot radius of the project site. Town of Marana Planning staff will be provided with a copy of the list and map used to notify the property owners for the meeting. Additionally, a summary of each neighborhood meeting and attendance sheet will be provided to staff. Gladden Farms II C-1 (;+�} Specific Plan Appendix D: Design Review Application GLADDEN FARMS COMMUNITY ASSOCIATION DESIGN R %A VVAPPLICATION -N 4'd -ON TR J _TION COMMITT EF Send completed GaddenFarmsCommunityAssoualion a op i ;J t o'1 LO: c: Q CGMC 333 E. Wetmore Road. Suite 254 TuuF,Dn,AZ 85705-1754 Bate_ Buyder: Parcel: A. General MadingAddiess: cityfslatelaip_ Building Plan,Architect: Phone: Landscapc Architec•. Phone: B. Building data Plan 4urnber: Livable Square Footage: Max. Height_ Plan 4Jrnbcr: Livable Square Footage: Max. Height_ Plan Nimber: Livable Square Footage: Max. Height_ Plan 4urnbcr: Livable Square Footage: Max. fiteight_ C. Appll4•atlun C1►cuklk4 The followeng information mustbc in:'uded with your application package: _1. Design Revievr Fee 553C.D0 per Jlanr plan, payable to Gladden Farms Community Association. _2. Three (3) lL.11 rz�izc se's of certified architectural plans complete with Hoer and elevation plans and m ech ar:.ica I & electrical plans _3. Three (3) f -a f -size sets of certified architectural plans complete YAM flour and alevatior plans. _4. Three (3)sets o I''ypica l front yard landscape plan altsmatives to be offered to homebuyc - s. _5. Exterior Color GL—iemes. incJudingpaint and roof file samples and lightraUctivity valueinlormatwn: Brand o[Paint: Roof Tile Supplier: _8. Building Corrstruct or Type(frame. masonry, etc.): _7. Sbucco Patient _8. Patios: Irc: caic, tyF c c f materials to be used: _9. Type of color and f ni sh of_ Entry door UYndaxes _10. Exterior lighting: Picture must be provided. AI exterior lighting must be shielded in design so that the light source is net visible_ _11_ Location ofHV'AG equipment must be shown an all flour plans. Ground-mounied units must be concealed by a solid enclosure on all sides visible to a neighboring property_ _12. Type of finish to be used on di-meways and walkways: _13. Fencing: A typical fence layout must be provided: Size of block: %tor: _ _14. Entry features, landscape or hardscape paving feaiu res to add interest, and com mon area landscape plans_ _15. Model layout plan, including lot designation, footprint of home, landscaping, lancing, parking lot layout and material used, and plan to convert to typical planting scheme. _16. Entry way permanent and temporary marketing signs (see exhibit T -1a) Gladden Farms II D-1 (;+�} Specific Plan Appendix D: Design Review Application Gladden Farms Community Association Design Reye-,%; Application—New GonstFUGtion Committee Page Z Is I.,-1El. :1 -1:• APPLO CA NT ACRHO WL€ DG MEET: Sub•-•ill,_d by. Srgrintu•c F•inl V_7nic daw Ern ail address Fax Number Cell Prop -oscd star lda'c o" construction: Company Name: Address Gladden Farms II D-2 (;+�} Specific Plan Appendix D: Design Review Application u_,tl]17=N FtKF?VS LrrolrItJ'VI-Y f-530CLIVIDN MCTL]t1=ICP.EMNIS iCOM.I.I I'LU Send completed Owden Farms Cornrnunityi Asst matin application to. M CCMCI 333 E. Wetmore Road, Suite 250 Tucmn.AZ 05705-17% &wilder. Parcel: A, Gernaral Muting AdOr C ti;wt ip: Building Plan Rri;hihed; PhOW. t_annes" Archipad: Phone: )�. I�V1$■& IFl1� Ran Number. _ Livable Square Fwage Max. Heigh: C. Ap Aiculius Ckc lixl The fallow&g information muse bet includod wih your application parkAge. Chedsod items are mandatory for all applraiiorra. —1. Design Romw fee is not due. but may, be rKuested if pl*16*sional reviu.I s deem advzairle. _2. Three{zkl full sen of archriectersl plans. _3. Exleriaw• Color &chi, including paint ancs'or reef t+e sarnples Brand ofFainl RaarTile SL441er: 4. @wilding CorwhMion Type drama. masonry, etro _5. Stuwn Pattern: _6.Patios: Indicate type of materiats ro be usw: _7. Type or ealta afwd Gnieh of. Enhy dbof Wirrdgwe 8. Exlenor Igliterg Pictwe must ba pfa4ided. All exterior Iighling must he shielded n design so that the Iigh1 sourer is not viable. a. Looawln of nwamnleal equipment mull be shown an all WH3r plarn. C3r9wds rwlourded equipment mull to concealed by a solld anebsure on all alley vlsthla to- a nelgtrUoring propel # _10_Type of finish to be used on drtaaways and tualkwaaya: —11 Fumirg A iyOwlf*nC* IaygulMnust t+r ppoidpd; Size 0iMoa: _ Color: _92. Landscarle Plan _13 P4yset OF Shed. _14 WnduN Tinting (atla& #axM�Yih} t%'% Gladden Farms II D-3 CO Specific Plan Appendix D: Design Review Application Madden Fartym Community Assorlatlonl [resign Rey ie* Applicaakin— Modiiica€isms Commitiae Page 2 Add .i---Inl'�tq.: r. APPUC nNr ACKNO WLEDGMENT: DJ4. xahrwfaal rif eLfs ray ?l Wfrul 'W aro wlpl' .. upji .Iva? ref e&- ru}-..,wtrol,Awt. FVejorrl wral6Q46rar.xu of ak, r.ruauwiwv'.% df neaw irrlf lar riyj*vd M slog .,frp*mir as .k :vi em lxxtiraN{ afar ruh+s Lmqr mu r.virn:rir'<.f eq�.uaufim. Sardn r{ rarfdi ThM arm coujimN an Glyrovai, raryk-aim? aF emdarsomollf rater ih- gfflafily eju- eurNkelruei ew ,ei guecaadrig sasvideei- of dfra prrganred imlarr7YtHOw. lied J100har fire tomtlkfoo roar m�e :is�n.¢Irr7.ffw Shed., hvry w?rliaM;N-f�am'ri jr.fr air tier f.1hmI .yxrWirul 71'iMptr ln-Ixerrir. tsmrfrjwiioii miN.f fm 14r;yu radii fine C"wmwifke Prue resieued wcf r{vixa rd rAv pOu ea xraiirtg. As Appffcaaf, 1 Nave wod raud a wk,newnf efre Davi,Klr Guideimrs rata! L"Wcwhfe {7'd. R's coix-erair?X rksrwrc fa4el vrm tries Ouff m G&m&Vm Farms. A, .11rslsffrrxif. i fae�k+7as+vfea�,+r ekuf este laervrw.s rera —rry, Me I ic--d ipn ificelNarrs xrll chr Ke slrrh frxae —d ikf foeupiairxaataleefrWlfeficrIrNirrxusnlviitisixrerprdalriumvmGy.Tfkarfimeaflheg deimmnTgrYarrarrurdimgh'. lm m-krifiren l frrk acrw;k4kr Aur it nate m.IT ofwegx be }xmribfr lm adeivff i, ubfikdivxWv f names; of pFWxssexi inyxarrensero.s rfoO fire ;rrtj —vFgemjw dw+er freeli rampiefr im FJliA erase iJ ma he wrrcr wjnahv fo rjrmllr tyxarr Z N dee iMPVIVmerrrr JF"Merr: h%1 IP WF. fix { rralmafee M+ {rFi°^- afMfkr R7vprer ; im dire (way. f agru far PUV' arnv CMU iarauned 6v ek Aax-rioliux if I MI a1 meet Me araw unb esferinf dwd br r+k C'rAwim ee dnel oke &41rd of L4t'eewi T*C—x"Jmee m&.(bw .6 mm m-Wred roe bVtfi" a! VkW p rpft ra. c'+?4urumfow iorb xefglt,FHNA gsra+ywoI:i-{rrpas.rues rrlaarw ofiv +fJlrfr,Futbl'e sal'oaaat heel Arra kS Submittal by Signmule Prsnl Mwft male Emailaddfess Fact Nurntef UNI Propastc start dale of wnstRlCllan: t%'% Gladden Farms II D-4 CO Specific Plan Appendix E: Definitions Automobile Service Stations: Including gas stations and quick lube shops but not including auto repair, body and fender work, painting facilities or mechanical or steamrack washracks. Guest Home: Living quarters, without a kitchen, for guests, relatives, or servants on the premises in an accessory building or attached to the principal residence. Home Occupation: As defined by the Town of Marana Land Development Code. Lot Coverage: The area of a site occupied by structures. Multi -Family: As defined by the Town of Marana Land Development Code. Personal Services: Personal services include, but are not limited to, barber shops; beauty salons and day spas; clothes pressing and tailoring; massage therapy studios; exercise facilities including personal training and yoga studios; and shoe repair. Retail: Sale of tangible personal property for any purpose other than retail. Wholesale: Sale of tangible personal property for resale by a licensed retailer, for consumption by an ultimate purchaser. t%'% Gladden Farms II E-1 C45 Specific Plan Appendix F: Development Agreement F. ANN RODRIGUEZ, RECORDER DOCKET: 1275$ RECORDED SY: M_S DEPUTY RECORDER as Ir r p PAGE: No. OF PAGES! 2247 2 1966 PE3 'C SEQU3ZNCE- 20060470593 SMARA� 6 ,u; 03]10/2006 TOWN OF MARANA RES 14:48 ATTN: TOWN CLERK 11555 W CIVIC CENTER DR MAIL MAFLANA AZ 85653 AMpUNT PAID $ 8.04 MAItANA RESOLUTION NO. 2006-38 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE EXECUTION OF A DEVELOPMENT AGREEMENT WITH FCIM GLADDEN II, L.L.C., REGARDING THE GLADDEN FARMS Il DEVELOPMENT PROJECT. WHEREAS FClM GLADDEN II, L.L.C. has presented the Gladden Farms II Specific Plan to the Town Council for consideration, governing the proposed Gladden Farms II development project; and WHEREAS FCIM GLADDEN II, L.L.0 and the Town desire to enter into a development agreement to further clarify the obligations of the parties relative to the development of the Gladden Farms II development project; and WHEREAS, the Mayor and Council find that the terms and conditions of the Gladden Farms lI Development Agreement are in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the development agreement between the Town of Marana and FC/M Gladden Il, L.L.C, attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and authorircd to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the aforementioned agreemcnt. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MAR ANA, ARIZONA, this 7th day of March, 2406. ATTEST: cclyn C. Dorno 'Town Clerk 3'00001833. DOC IJ _V Mayor Ed I ones FJCleds 2128106 1 2 7 5 8 0 2 2 4 7 /21 Gladden Farms II F-1 00 Specific Plan 0 Appendix F: Development Agreement Exhibit A to Marana Resolution No. 2006-38, entitled GLADDEN FARMS 11 DEVELOPMENT AGREEMENT, by and between the Town of Marana and FCIM GLADDEN II, L.L.C., was recorded separately on March 10, 2006, at Docket fd 759 Page y� in the Office of the Pima County Recorder. 1 2 7 5 8 0 2 2 4- 8 8 Gladden Farms II F-2 00 Specific Plan Appendix F: Development Agreement F. ANN RODRIGUEZ, RECORDER DOCKET: 12758 RECORDED BY: M S pX PAGE: 2249 DEPUTY RECORDER Dtr NO. OF PAGES. 23 1966 PE3 I SEQUENCE: 20060470594 gMARA LL& y 03/10/2006 TOWN OF MARANAAG .`4817�('Ry4`. 14:48 ATTN. TOWN CLERK 11555 W CIVIC CENTER DR MAIL MARANA AZ 85653 AMOUNT PAID $ 17.00 GLADDEN FARMS 11 DFVFLOPMENT AGREEMENT TOWN OF MARANA, ARIZONA THi$ DI ELOPMEW AG LLMENT ("this Agreement") is made by and between the TOWN OF MARANA, an Arizona municipal corporation (the "Town"), and FC/M GLADDEN II, L.L.C., an Arizona limited liability company (the "Developer"). The Town and the Developer are collectively referred to in this Agreement as the "Parties," each of which is sometimes individually referred to as a "Party." REctTALS General Background A. The Developer owns approximately 633.28 acres of land located in the Town limits, as depicted on the map attached as Exhibit "A" and legally described on Exhibit "B" (the "Property"). B. The Developer proposes to develop the Property as Gladden Farms II ("Gladden II"). C. The Developer and the Town desire that Gladden II be developed in a manner consistent with the development regulations that now apply to the Property, as amplified and supplemented by this Agreement. D. The Town and the Developer acknowledge that the development of the Property pursuant to this Agreement will result in planning and economic benefits to the Town and its residents. F. The Developer has made and by this Agreement will continue to make a substantial commitment of resources for public and private improvements on the Property. F. The Parties understand and acknowledge that this Agreement is a "Development Agreement" within the meaning of, and entered into pursuant to the terms of, A.R.S. § 9-500.05. Land Use Background G. The following are among the development regulations that now apply to the Property (collectively, the "Development Regulations" ]: i) The Town's written rates, regulations, procedures, and other policies relating to the development of land, whether adopted by the Mayor and Council or by Town Staff (collectively the "Marano Development Code"). ii) The future development of the Property shall be subject to the Gladden Farms 11 Specific Plan as adopted by the Town on March 7, 2006, as amended from time to time (the "Specific Plan'. H. The Property consists of all land included in the Specific Plan except for the approximately 2.39 acre parcel located at the southwest corner of Moore and Postvale Roads. i. This Agrccment is consistent with the portions of the Town's General Plan applicable to the Property. 100001636.00C 19) GLADDENFARMS 11Di, vt•i.ofwENT AckRF=,MFNT -1- 311120064:18 PMFJC I=nhibit A. to MKmw Resaludcm 600(.38 1 2 7 5 0 2 2 4 9 231 Gladden Farms II F-3 (;+�} Specific Plan Appendix F: Development Agreement Transportation Infrastructure Background J. Tangerine Road west of I-10 (referred to in this Agreement as "Tangerine Farms Road') is currently anticipated to be realigned and extended by the Town to improve the geometry of the freeway interchange and to serve as a major arterial roadway for northwest Marana. K. The right-of-way for Tangerine Farms Road immediately west of Gladden 1I, through the development project referred to in this Agreement as "Gladden I" and depicted in the subdivision plat entitled "Gladden Farms" recorded in the Pima County Recorder's office at Book 55 of Maps and Plats Page 60, has been dedicated to the Town. 1.. Tangerine Farms Road from Moore Road on the west through Gladden I and Gladden lI and extending to its intersection with I-10 is currently anticipated to be constructed by a municipal improvement district or other special district to be established by the Town for that purpose. M. The Town believes that unless and until Tangerine Farms Road is constructed and open to the public, enabling; vehicular access from Gladden I and Gladden II via a realigned Tangerine Farms Road that does not feed onto the frontage road and instead leads directly to the 1-10 interchange, the transportation infrastructure in the vicinity of Gladden II may not be sufficient to accommodate intensive development of the Property. Water Back; round N. The provisions of this Agreement relating to water service are entered into and authorized by Title 14 of the Marana Town Code as it may be amended from time to time (the "Marana Municipal Water Code"). ❑_ The Developer desires for the Town to provide water service to Gladden II. P� To secure water service from the Town for Gladden II, the Developer proposes to install those certain water infrastructure improvements referred to in this Agreement as the "Developer - Installed Water Facility." Q. The Developer desires that the Town take ownership of, operate, and service the Developer -Installed Water Facility R. The Town is willing to accept the Developer -Installed Water Facility and permit it to be connected to the Town water system provided it meets Town standards and the work is done in accordance with Town requirements. S. Water and sewer infrastructure is currently anticipated to be connected through Gladden Il as needed to serve the "Commercial Property" as defined in the Tangerine Commerce Park I Right -of -Way Exchange and Development Agreement recorded in the Pima County Recorder's 2 office at Docket 12706, Page 1578_ This Commercial Property is referred to in this Agreement as 7 the `Tangerine Commerce Park Commercial Property," and the owner obligated by that S agreement to pay for the water and sewer upgrades to serve the Tangerine Commerce Park 0 Commercial Property is referred to in this Agreement as the "Tangerine Commerce Park 2 Commercial Property Owner." 5 Development Impact Fees Background T. The Town has adopted certain development impact fees for roads, public parks, gravity water storage, renewable water resources and water system infrastructure, pursuant to A.R.S. § 9-463.05. 100001636.6601 9} GLAuouN FARMS 11 17t VULOPMENTAGREEMENT -2- 1/1/2006 4:18 PM FJC Gladden Farms II F-4 (;+�} Specific Plan Appendix F: Development Agreement U. The Developer will be entitled to credit pursuant to A.R.S. § 9-463.05(B)(3) toward the payment of the Town's adopted development impact fees based on the required dedication of lands and improvements for public parks, arterial roadways, water gravity storage and renewable water resources and water system capacity infrastructure provided or to be provided by the Developer in connection with the development of Gladden II. K The Parties desire to address development impact fee credits applicable to Gladden II, based on currently anticipated developer -financed infrastructure. AGREEMENT Now, 'IHERFFORE, in consideration of the foregoing premises and the mutual promises and agreements set forth in this Agreement, the Parties hereby agree as follows: Article 1. Development. I. I. Develnpmcnt review. The Property shall be developed in a manner consistent with the Development Regulations and this Agreement, which together establish the basic land uses, and the densities, intensities and development regulations that apply to the land uses authorized for the Property. Provided that the Developer is not in default in any obligations of the Development Regulations or this Agreement, and further provided that the construction of Tangerine Farms Road is substantially complete in accordance with paragraph 1.3 below, upon the Developer's compliance with the applicable development review and approval procedures and substantive requirements of the Development Regulations, the Town agrees to issue such permits or approvals for Gladden II as may be requested by the Developer. 1.2. Total residential units. The total number of residential units of all types in Gladden Il shall not exceed 2,539. 13. No building permits until completion of Tangerine Farms Road Improvements. The Developer shall not submit to the Town applications for any commercial or residential building permits on the Property until the following infrastructure improvements are substantially complete, open to the public and dedicated to the Town: 1.3.1. The final four -lane divided Tangerine Farms Road from the east boundary of Gladden I to the east boundary of Gladden 11, either by a district pursuant to Article 2 and Article 3 oT by the Developer pursuant to Article 4?aiA-- VIA- Zoning and plat conditions. The Developer agrees to fulfill all conditions outlined in the Development Regulations. 1.5. Ami *a�. tion casement and noise attenuation. Developer shall record an avigation easement and shall provide noise attenuation as part of the design and construction of homes in Gladden II so that a maximum interior noise level of 45 decibels is achieved within each home. 1.6. Determination of no hazard to air navigation. Developer shall submit an FAA 7460 form to the Federal Aviation Administration and receive a "Determination of No Hazard to Air Navigation" from the Federal Aviation Administration before any construction or alteration of greater height than an imaginary surface extending outward and upward at a 100 to 1 slope for a horizontal distance of 20,000 feet from the nearest point of the nearest runway of the Airport. I (WU I O&DOC-18 } GLADDEN FARMS Il DFvri-oPMF:Nf ACRt'.FMENT -3- 31t120064:18 PM FJC 1 2 7 5 8 0 2 2 5 i t%'% Gladden Farms II F-5 CO Specific Plan Appendix F: Development Agreement 1.7. Archaeological/historic resources, Development of the Property shall meet all Town requirements set forth in Title 2 and "Title 20 of the Marana Development Code related to Archeological and Historic Resources, 1.8. Site built construction and building ppennits. All construction on any portion of the Property, whether sold in bulk or individually, whether subdivided or not, shall be site built and shall require building permits. 1.9. Compliance with residential design standards. All residential construction on any portion of the Property shall be constructed in accordance with the then current residential design standards as adopted by the Town of Marana, and any construction for which building permits have not yet been applied for as of the effective date of the residential design standards shall comply with those residential design standards. Article 2. Bond -Funded Public Infrastructure Improvements 2.1. Applicability. The provisions of Article 2 and Article 3 shall only apply and become effective if the Town establishes not later than December 31, 2007 a municipal improvement district or other special district for the purpose of financing and constructing the Tangerine Farms Road Improvements. 2.2. Tangerine Farms Road Improvements. The Town shall construct and thereafter maintain approximately 3.8 miles of "Tangerine Farms Road as a four -lane divided roadway from the Tangerine Road/1-10 interchange and extending westward to Moore Road, with curbs and gutters, median breaks and turn lanes for proposed major street intersections, street lights, a multi -use pathway, a 16" potable water main, a S" non -potable water main, landscaping, and other associated public improvements (collectively the "Tangerine Farms Road Improvements"). Article 3. Participation in Tangerine Farms Road Improvements Cost 3.1. Definitions. The following definitions shall apply to this Article - 3. 1. 1. rticle: 3.1.1. The "Allocated Assessment" is (C ; F) x T, where C is the Gladden II Property Frontage, F is the Total Frontage, and T is the Total Improvement Cost. The "Allocated Assessment' for Gladden II may be some other amount established and agreed upon in writing by and among the Parties. 3.1.2_ "Frontage" is distance in linear feet measured from the centcrline of the right -Of - way for the Tangerine Farms Road [mprovements. 3.1.3. The "Gladden II Property Frontage" is the frontage of Madden If along the Tangerine Farms Road Improvements. 3.1.4. "Individual Parcel Improvement Costs" are costs that predominately benefit an 2 individual parcel, such as traffic signals, conduit for future traffic signals, water and sewer 7 improvements to the extent necessary to serve an individual parcel and that do not benefit all 8 of the land fronting on the Tangerine Farms Road Improvenwrits, the proposed park Q underpass within Gladden I and undergrounding of Cortaro Marano Irrigation District 2 facilities for purposes other than road crossings. 5 3.1.5. The "Total Improvement Cost" is the construction cost of the Tangerine Farms Road improvements together with all related engineering, legal, financial and incidental costs. The Total improvement Cost shall not include individual Parcel Improvement Costs. {OWOI6:16.nrx:1A) GlAMr;N FARMS It DRVF.1 oPMENT MREEMENT -4- 31Illf" 4.1 R PM PIC Gladden Farms II F-6 (;+�} Specific Plan Appendix F: Development Agreement 3.1.6. The "rotal Frontage" is the total combined frontage of all privately owned land on both sides of the Tangerine Farms Road Improvements. 3.2. Assessment allocation. The Developer shall pay the Allocated Assessment and the Individual Parcel Improvement Costs attributable to Gladden II not later than the cash collection period (see A.R.S. § 48-590(B)) or, if not so paid, they will be assessed against Gladden II as set forth in paragraph 3.3 below. 3.3. Bonds. If the Allocated Assessment and the Individual Parcel Improvement Costs attributable to Gladden If are not paid during the cash collection period (see A.R.S. § 48-590(B)), the Town shall sell municipal bonds with a term of at least 15 years for purposes of amortizing the 'Total Improvement Cost over the term of the bond and for funding or reimbursing the Total Improvement Cost. Thereafter Gladden 11 shall be assessed the principal and interest on the Allocated Assessment and the Individual Parcel Improvement Costs attributable to Gladden II as required for repayment of the bonds. 3.4. Assessment reallocation. Upon division or subdivision of Gladden 11, the Town shall reallocate the assessment among the parcels in direct proportion to the benefit received by each parcel. 3.5. Consent to assessment. The Developer hereby agrees to execute a standard improvement district waiver agreement prepared by the Town's bond counsel, in which the Developer (among other things) (i) consents to a levy of assessment for the Allocated Assessment; (ii) waives any and all objections to formation of an assessment district to implement the terms of this Agrcc~rnent; and (iii) agrees to take all steps necessary to levy and confirm assessments against Gladden H. Article 4. Developer Funding of Infrastructure if District is Not Formed 4.1. Applicability. The provisions of this Article shall only apply and become effective if the Town fails to establish a municipal improvement district or other special district for the purpose of financing and constructing the Tangerine Farms Road Improvements not later than December 31, 2007, as provided in Article 2 and Article 3. 4.2. Developer-C_onstnictcd Tangerine Farms Road Improvements. The Developer shall construed and thereafter dedicate to the 'Town at no cost Tangerine Farms Road as a four -lane divided roadway within the Tangerine Farms right-of-way dedicated pursuant to paragraph 6.1 below, with curbs and gutters, median breaks and turn lanes for proposed major street intersections, street lights, a multi -use pathway, a 16" potable water main, a 8" non -potable water main, landscaping, and other associated public improvements, and including connection and transition to the existing paved two-lane Tangerine Road immediately east of the Property 1 (collectively the "Developer -Constructed Tangerine Farms Road Improvements"), 2 4.3. CFD financing. Nothing in this Article shall preclude funding of the Developer- 5 Constructed Tangerine Farms Road Improvements with a CFI} formed pursuant to Article 6. n Article 5. Water 5.1. Conversion of irrigation water rights. Within sixty days after the effective date of this Agreement or sixty days atter the Property ceases to be used for farming, whichever occurs last, the Developer shall file all necessary documentation to the Arizona Department of Water Resources (ADWR) to convert all irrigation water rights for the Property to Type I non -irrigation water rights. 100001636 -DOC) 8 ) GLAIDUEN FARMS II DEVELOPMifNi AcREFMi N r -5- 311,+2006 4; t8 PM FJC t%'% Gladden Farms II F-7 CO Specific Plan Appendix F: Development Agreement 5.2. Transfer of water rights to the Town. Within sixty days after approval of any final plat for Gladden II, the Developer shall file all necessary documentation to transfer to the Town, in a manner prescribed by ADWR, all water rights on lands dedicated to the Town by that final plat. On lands not dedicated to the Town, the Developer shall transfer extinguishment credits to the Town, in a manner prescribed by ADWR, upon request by the Town. 5.3. Water service. The 'Town shall provide a designation of assured water supply, will provide actual water service to the Property, and will provide a grill serve letter" for the property at Developer's request. 5.4. Non -potable system. In compliance with the Northwest Marana Area Plan, the Developer shalt develop and construct a secondary non -potable irrigation system, dedicated to the Town, to distribute non -potable water throughout the Property consistent with the 'rown's non -potable water system policy as it exists at the time the water improvements are constructed. 5.5. Cortaro-Marana Irrigation District "CMID" . The Developer will work with CMID to enter into a formal agreement concerning the construction and maintenance of necessary irrigation systems and well sites to perpetuate the ability for CMID to have their users irrigate as necessary as well as the under -grounding of CMID canals at the Developers Cost. 5.6. General provisions relating to water service. 5.6.1. Developer installation of the Developer -installed Water Facility. The Developer shall at its own expense design and install the water infrastructure improvements required to serve Gladden II, and such additional and oversized water infrastructure improvements the Town reasonably determines necessary, funded by the Town or other parties, as shown on water plans prepared by Developer and approved by the Town (the "Facility Plan"). The water infrastructure improvements depicted on the Facility Plan are referred to in this Agreement as the "Developer -Installed Water Facility," and shall conform to the design standards of the City of 'Tucson Water Department and the Marana Municipal Water Code and special specifications and details as approved by the Town and by this reference made a part of this Agreement. The Facility Plan shall include a plan note identifying the Developer - Installed Water Facility as a new water facility and shall show any and all alterations to the existing water system. Construction and installation of the Developer -Installed Water Facility in accordance with the Facility Plan, including without limitation all labor, materials, equipment, supplies, and tools required for the construction and installation, is referred to in this Agreement as the "Water Work." 5.6.2. Water Work by licensed contractor. The Water Work shall be performed by a contractor properly licensers by the State of Arizona as determined by the Arizona Registrar of Contractors. Jr, addition to any other contractor's license classifications required by the 2 Arizona Registrar of Contractors, the contractor shall hold contractor's license classifications 5 A, A-12 and AA 6, g 5.6.3. Pagent of connection fees. Before any service connections are made from the 0 Town's water system to the Developer -Installed Water Facility, the Developer shall pay to 2 the Town the connection fees and any other fees required by the Marana Municipal Water 5 Code. 4 5.6.4. Anticipated cost per meter. The total charge for each %/ x'/4" water meter to be installed on the Property is currently anticipated to be $2,367 per meter, which includes a $500 connection charge (Town Code § 14.7.2(B)}, a $400 installation charge (Town Code {0W0I636DOC r S} Gi.ADD1 N FARMS 11 DEVELOPMENT ACRF.FMENT -6- 3/1/2006 4:1$ PM FJC Gladden Farms II F-8 (;+�} Specific Plan Appendix F: Development Agreement § 14.7.2(B)), and the $1,467 gravity storage and renewable resource development impact fee (Marana Ordinance No. 2005.25), but does not include the $864 water system infrastructure development impact fee (Marana Ordinance No. 2005.25). The applicable development impact fees are further addressed in Article 8. The amounts set forth in this paragraph do not include the $75 security deposit (Town Code § 14.7.2(B)), which will be owed by each individual home purchaser upon establishment of service. 5.6.5_ Developer -Installed Water Facility acceptance by Town. No service connections shall be made from the Town's water system to the Developer -Installed Water Facility until the Developer -Installed Water Facility has been accepted by the Town in accordance with the Marana Municipal Water Code. 5.6.6. Frontage requirement. Any property connecting onto a water main shall have a minimum of fifteen feet of frontage on that main. A water easement or other utility easement shall not constitute frontage for purposes of ibis paragraph. 5.6.7. Meter application requirements. A meter application will be accepted only if the property to be served fronts the waterline. Only one water meter application will be allowed per legal description unless the Developer can provide the Town with plans indicating the type of improvement or development taking place on the land that justifies more than one meter. If any portion of the property served by the water meter is sold, the owner of the portion of land that fronts the water main shall have all rights associated with the water meter unless other arrangements arc made with and approved by the Town of Marana Water Utility prior to the sale. 5.6.8. Developer's certification. By execution of this Agreement, Developer certifies that it shall comply with the Facility Plan and all other specifications applicable to the Water Work and agrees with and approves the location of all service lines as depicted on the Facility Plan. 5.6.9. Termination for lack of Water Work. Approval of the Facility Plan shall lapse if more than one year has passed since the date of the Facility Plan's approval and the Water Work has not begun, or if the Water Work is discontinued for a period of one year. 5.7. Fn ins cerins and inspection of Water Work. 5.7.1. Registered civil en ineer. The Developer shall employ a registered civil engineer to design, lay out, establish control lines for and certify the layout of the Water Work according to the Facility Plan. 5.7.2. Town inspector's authority. Any inspector authorized by the Town shall have full inspection authority over the Water Work. 1 2 5.7.3. Inspection provisions. The Developer shall furai:sh the Town's inspector with all 5 facilities reasonably necessary to inspect the Water Work. 'Elle Water Work shall be subject 2 to Town inspection at all times. Defective Water Work shall be corrected in a manner p satisfactory to the Town's inspector. Inspection by the Town is for the purpose of ensuring 2 compliance with plans and specifications only. The Town makes no guarantee as to the 5 safety or engineering soundness of plans prepared by Developer or any contractor. 5.7.4. Payment of Town inspector's overtime cost. if scheduling by .I?eveloper's contractor reasonably requires the 'T'own's inspector to work overtime, the Developer or Developer's contractor shall pay the Town for any additional salaries, expenses or employee GLADDEN! FARMS I1 DEVFI.OPMEN'rAGREEMENT -7- 311P2406 4:18 PM F]C Gladden Farms II F-9 (;+�} Specific Plan Appendix F: Development Agreement benefits relating to the overtime. For purposes of this paragraph, overtime is any time over 40 hours worked in a seven-day work period, any time over eight hours worked Monday through Friday, and any time worked on weekends and legal holidays observed by the. Town. 5.8. Preconstruction i2rocedure for Water Work. 5.8.1. Request to begin construction. The Developer shall submit a written request to begin construction to the Town five working days before the Water Work is to commence. 5.8.2. Construction permit. A construction permit for the Water Work shall not be issued prior to the effective date of this Agreement. 5.8.3. Start and completion of the Water Work. No portion of the Water Work shall begin until the Town has issued a construction permit specifying the starting date and a reasonable time for completion. 5.8.4. Prop -re s of the Water Work. The Water Work shall be commenced and carried on at such points and in such order as may he directed by the Town. 5.8.5. Materials -sampling and testin . Materials shall be available for sampling and testing by the Town prior to being used in the Water Work. Materials that fail to meet Town specification shall be removed from the site. 5.8.6. Permits and a royals. The Developer shall, at Developer's expense, obtain all necessary permits and licenses for the Water Work, pay all fees and comply with all laws, ordinances and regulations relating to the Water Work. 5.9. Construction of Water Work. 5.4.1. Developer's Rresenec on site. The Developer, or Developer's designated agent, shall be present at all times during performance of the Water Work_ The name of the Developer's designated agent and the contractor performing the Water Work shall be furnished to the Town before the Water Work begins. Instructions given by the Town to the designated agent shall be deemed to have been given to the Developer. 5.9.2. Competence and dill encc. The Developer shall employ only competent and efficient laborers, mechanics or artisans on the Water Work, and the Developer agrees to perforin the Water Work diligently to complete the Water Work on or before the completion date given in the notice to proceed. 5.4.3. Pa�in1 . The Developer shall identify and locate all water valves prior to paving and set valve boxes to final grade after paving. 5.9.4. Alterations to the existing Town waters stem. The Developer shall, at Developer's 2 expense, make any and all alterations to the existing water system either on-site or off-site y necessitated by paving, drainage, or other improvements caused by the development of the 8 Property, 5.9.5. Worksite safety. The Developer shall require all contractors and subcontractors performing any portion of the Water Work to comply with all safety requirements of the Occupational Safety and Ha7ards Act as set forth by the Federal Government and as implemented by the State of Arizona. The Developer or its contractors shall be solely responsible for all fines or other penalties provided for by law for any violations of the Occupational Safety Hazards Act. {[IIID@ 1636. DOC 1 S ) GLADDEN FARMS II DF, VELOFMEN r AGREEMFN r -8- 3/1/2006 4:1 H PM PJC: Gladden Farms II F-10 (;+�} Specific Plan Appendix F: Development Agreement 5.10. Dedication of the Develo er-Installed Water FaciIi ty, 5.10.1. Transfer of the Developer -Installed Water Facility to the Town. Upon the Town's final acceptance of the Water Work, the Developer shall at no cost grant, bargain, sell, convey, transfer and deliver to the Town the Developer -installed Water Facility free and clear of all liens, claims, charges or encumbrances. 5.10.2. Two-year warranty. The Developer guarantees the Water Work to be free from all failures due to poor workmanship or materials for a period of two years from the date of the Town's final acceptance of the Water Work. 5.10.3. Other conflicting construction prohibited. The Developer shall not construct or allow the construction of any utility, 'building, or other improvement that would interfere with the operation or maintenance of the Developer -Installed Water Facility. 5.10.4. Developer's obligation to maintain finished grade. The Developer guarantees that all service lines, meters, and meter boxes on the Property will be to finished grade and that Developer will remain responsible for raising or lowering said services as required until the Property is fully developed. 5.10.5. Acceptance by the Town. The Town shall accept title to and take possession of the Developer -Installed Water Facility when the Water Work has been completed to the satisfaction of the "Town. Subject to the Developer's continuing obligations under this Agreement, the Town shall operate and service the Developer -Installed Water Facility after taking over possession of it under this paragraph. Article 6. Other Public Facilities and Infrastructure Requirements - 6.1. Road right-of-way dedications. The Developer shall dedicate to the Town the following rights-of-way as shown on the right-of-way plans prepared by the Town's consulting engineer most recently prior to the applicable dedication. The Developer may make these dedications subject to and reserving to the Developer any rights needed for purposes of obtaining possible future reimbursement from community Facilities district financing for the Developer's contribution of right-of-way or public infrastructure. 5.1.1. Not later than sixty days after the effective date of this Agreement, the right-of- way for Tangerine Farms Road. If construction of a Tangerine Farms Road through this right-of-way results in a need to realign this right-of-way, the Town and the Developer shall cooperate to adjust the right-of-way boundaries provided that the total amount of land within the Tangerine Farms Road right-of-way dedicated by the Developer shall remain substantially the same. i 6.1.2. With_ the recording; of the final block plat for Gladden If or within 60 days of 2 demand by the Town, the right-of-way for Moore Road. 5 8 6.1.3. With the recording of the final block plat for Gladden Il or within 60 days of 0 demand by the Town, the right-of-way for Clark Farms Road. 2 6.2. Transportation improvements. The Developer shall fund the design and construction of all transportation improvements the Town reasonably determines necessary to serve Gladden II, and shall dedicate to the Town without cost any and all right-of-way necessary for these transportation improvements, including without limitation the following (using street names as set forth on Exhibit "C," attached)_ 10000id36.DOC 1 &j GLAI DLN FARMS II DEVELOPMENT AGREEMEN"i-y- 3/1/2006 4;18 PM FJC Gladden Farms II F-11 (;+�} Specific Plan Appendix F: Development Agreement 6.2.1, Mike Etter Boulevard, The Developer shall provide a four -lane divided cross- section in a l I0 -foot right-of-way for the entire length of Mike Etter Boulevard. 6.2.2. Clark Farms Boulevard. The Developer shall build Clark Farms Boulevard as a 150 -foot four -lane divided roadway through Gladden 11, 6.2.3. Traffic si�mals. When deemed warranted by the Town (but in any event not later than final release of assurances for the final subdivision within Gladden 11), the Developer shall pay the total estimated cost of the Town's design and construction of traffic signals at the following intersections: 6.2.3.1. Tangerine Farms Road and Southfield Road. 6.2.3.2. Tangerine Fauns Road and Mike Etter Boulevard. 6,2.3.3. Moore Road and Mike Etter Boulevard, 6.2.3.4. Mike Etter Boulevard and Southfield Road. 6.2.3.5. Mike Etter Boulevard and Pacheco Farms Road. 6.2.3.6. Clark Farms Boulevard and Pacheco Farms Road. 6.2.4. Approach lanes. The Developer shall provide two lanes of approach in the following locations concurrently with the initial construction of the applicable roadway: 6.2.4.1. Southbound Southfield Road at Tangerine Farms Boulevard. 6.2.4.2. Northbound Southfield Road at Mike Etter Boulevard. 6.2.4.3. Southbound Pacheco Farms Road at Mike Etter Boulevard. 6.2.4,4. Northbound Pacheco Farms Road at Clark Farms Boulevard and the southbound approach of the private driveway within Block 4 that aligns with Pacheco Farms Road at Clark Farms Boulevard. The north and southbound approaches shall consist of two lanes each, one of which shall be an exclusive left -turn lane and the other a through/right-tum lane. 6,2.5. Tum lanes, The Developer shall design and construct the following turn lanes concurrently with the initial construction of the applicable roadway: 6.2.5.1. A westbound left -tum lane and an eastbound right -turn lane on Moore Road at its intersection with Mike Etter Boulevard. 6.2.5.2. An eastbound right -tum lane and a westbound left -tum lane on Mike Etter Boulevard at its intersection with Southfield Road. 6.2.5.3. A westbound right -turn lane and an eastbound left -turn lane on Mike Etter 7 Boulevard at its intersection with Pacheco Fauns Road. 8 6.2.5.4. Right -turn and left -turn lanes on both approaches of Clark Farms Boulevard ❑ to its intersection with Pacheco Farms Road. 2 2 6.2.6. Other traffic studies and revised transportation improvements. The Developer shall g provide additional traffic studies during the platting and development plan process for Gladden II. The Developer shall pay for and/or provide additional transportation improvements and dedications the Town reasonably requires based on the findings of those studies. The Town Engineer is authorized to waive, in writing, any transportation ti>IX101fi36.DOC:19) GLADDEN FARMS lI Dr:vt:l.vf'MI tVT AGREEMT N I -10- 3!112006 4:18 PM FJC t%'% Gladden Farms II F-12 CO Specific Plan Appendix F: Development Agreement improvement required by this Article if a traffic study approved by the Town indicates that Gladden II may be safely served without the waived transportation improvement. 6.3. Onsite private recreational facilities. Private recreational facilities shall be constructed on a site of a size not smaller than required by the Marana Development Code. Site and facility design and phasing shall be approved by the Town Paries & Recreation Director and Planning Director. 6.4. Fire protection. Before a certificate of occupancy is issued for any dwelling unit on the Property, the Developer shall have completed or shall provide evidence to the Town's satisfaction that Developer has made a diligent effort to complete the process of having the Property annexed into the Northwest Fire District. 6.5. Contribution in lieu of school land dedication. The Developer or its assignee shall contribute $1,200 per residential unit (the "School Fee") due and payable to the Marana Unified School District upon the issuance of the residential building permit. If the Town or the Marana Unified School District adopts an impact fee for schools in the future, the School Fee shall be credited against those fixture school impact fees. 6.6. Bank protection. In compliance with 'town Ordinance No. 99.02, Developer shall pay $500.00 per acre of affected Property for bank protection_ The total obligation of Developer for Gladden 11 is $316,640 ($500 x 633.28 affected acres). Developer shall pay this obligation on a pro -rata basis for each block, calculated and established by the Town in connection with approval of the final block plat for Gladden II, before the Town approves for that block either a subdivision into individual residential subdivision lots or a commercial development plan. 6.7. Sewer oversizing to serve offsite property. Sewer service for the Tangerine Commerce Park Con-imercial Property is currently anticipated to occur by extending sewer lines proposed to be installed in Gladden II to the Tangerine Farms Right -of -Way and in future Tangerine Farms Road. 6.7.1. Sewer extension and oversizing. Unless the Town first receives the notice described in subparagraph 6.7.2 below, when development proceeds in Gladden II, Developer shall install sewer lines of a size sufficient to serve the Tangerine Commerce Park Commercial Property to the future north right-of-way line of Tangerine Farms Road at the southern boundary of Gladden 11, provided that the Tangerine Commerce Park Commercial Property Owner pays in advance to the Developer all costs associated with providing sewer service to the extent necessary to servc the Tangerine Commerce Park Commercial Property, and specifically the following; 6.7.1.1. To the extent oversizing is required for the Tangerine Commerce Park Commercial Property, the incremental additional cost of oversizing Gladden I1's sewer to 2 serve the Tangerine Commerce Park Commercial Property, and 6.7.1.2. Any cost for the extension of the sewer beyond where it would be needed to 0 serve residential development within Gladden Il, and 2 6.7.1.3. Any other sewer costs reasonably imposed by Pima County Wastewater Management to serve the Tangerine Commerce Park Commercial Property and that would not otherwise be incurred within Gladden Il. 6.7.2. Alternative sewer service. if the sewer lines in Gladden 11 have not yet been oversized (see subparagraph 6.7.1 above) and the Tangerine Commcrec Park Commercial 100[101636. DDC 18 j GLADDEN FARMS H DEVELOPMENTAGRi;FMI;N-1- -1 1 - 3/1/2006 4:18 PM FJC Gladden Farms II F-13 (;+�} Specific Plan Appendix F: Development Agreement Property Owner provides written notice to the Town that an alternate method for obtaining sewer service on the Tangerine Commerce Park Commercial Property has been secured, subparagraph 6.7.1 above shall not apply. 6.8. Compliance with state and federal laws and re ulations. No approval, permit or authorization of the Town authorizes the Developer to violate any applicable federal or state laws or regulations, or relieves the Developer from the responsibility to ensure compliance with all applicable federal and state laws and regulations, including but not limited to the Endangered Species Act and Clean Water Act. Article 7. Infrastructure Financing 7.t. Responsibility for financing infrastructure improvements. Upon request of the Developer, the Town staff shall process any request for a community facilities district ("CFD") pursuant to ARS. § 48-701, et seq. and the Town's Guidelines for Establishment of Community Facilities Districts, and the Town Council shall reasonably consider such request for a CFD. Article S. Development Impact Fees and Credits 8.1. General provisions applicable to the determination of all development impact fees and credits. For purposes of determining the correct amount of any development impact fees and credits, the following general rules shall apply: 8.1.1. Calculation of credits baud on total number of lots anticipated as of the time of payment. Development impact fee credits for development impact fees that are charged only to residential lots shall be determined by dividing the total value of applicable credits for Gladden II by the total then -anticipated number of lots in Gladden II, determined based on the actual number of lots shown on final subdivision plats for Gladden II and the Town's best estimate of the number of lots anticipated in blocks not yet subdivided into individual lots. 8.1.2. Actual construction and dedication as condition of credit. Credits shall be given against development impact fees only to the extent the Developer's construction and dedication or transfer of rights to the Town as anticipated in the calculation of the credit has been completed or is in progress to the reasonable satisfaction of the Town. 8.1.3. Future fee revisions. If the Town amends its development impact fees applicable to Gladden II, the fee per lot shall be the then -applicable fee minus the credit calculated for that particular fee. 8.1.4. Future impact fees. If the Town adopts an impact fee not addressed in this Article 8 for the same infrastructure for which Developer has dedicated land or made improvements or paid a voluntary fee pursuant to this Agreement, Developer shall be entitled to a credit as set forth in A.R.S. § 9-463.05, and the credit Shall he calculated in a manner consistent with this 2 Article 8. 5 8 8.1.5. Credits for other improvements not addressed in this AlMement. Any credits for p infrastructure construction and dedication by the Developer beyond what is addressed in this 2 Agreement shall be determined in accordance with A.R.S. § 9463.05(B) as it may be 2 amended from time to time. 0 j 8.2_ Arterial roadway development impact feesded. (OOW ]636.DOC ) R} GLADDEN FARMS 11 DEVE1OPNILNT A.GREEMFN"I-1.2- 311/2006 4:18 PM FJC t%'% Gladden Farms II F-14 CO Specific Plan Appendix F: Development Agreement 8.2.1. Total value. Of the improvements addressed in this Agreement, the Developer shall be entitled to credits against the Town's arterial roadway development impact fees for the following: 8.2.1.1. Tangerine Farms Road. The full principal amount (not including interest) of the Developer's contributions to the Tangerine Farms Road Improvements Cost (see Article 3 above), including the value of the Tangerine Farms Road right-of-way as determined in the development impact fee study supporting the establishment of the arterial roadway development impact fee. 8.2.1.2. Clark Farms Boulevard. The value of road right-of-way conveyed to the Town and the actual construction costs for Clark Farms Boulevard (see paragraph 6.2.2 above). 8.2.2. Current fee. As of the date of this Agreement, the Town's arterial roadway development impact fee that would apply to Gladden 11 before the credit is $5,941 per lot. 8.3. Park development impact fees and credits. 8.3.1. -Fo[a] value. The Developer does nut currently anticipate providing any park lands or undertaking any park construction in connection with Gladden II that is addressed in the Town's park impact fee ordinance (Ordinance No. 2005.11). 8.3.2. Credit per lot. There is no credit against the Town's park development impact fee for Uladden II as a result of any of the improvements addressed in this Agreement. 9.3.3. Current fee. As of the date of this Agreement, the Town's park development impact fee is $2,884 per lot. 8.4. Gravit story e and renewable resource development impact fees and credits. 8.4.1. Total value. The Developer (toes not currently anticipate providing any gravity water storage or renewable water resources in connection with Gladden II. 8.4.2. Credit per lot. There is no credit against the Town's of gravity water storage and renewable water resources impact fee for Gladden II as a result of any of the improvements addressed in this Agreement. 8.4.3. Current fee. As of the date of this Agreement, the Town's gravity storage and renewable resource development impact fee is $1,467 for each single family residential lot served by a '/$" x '/" meter. 8.5_ Water system -infrastructure develonmcnt impact fees and credits 8.5.1. Current fee. AS of the date of this Agreement, the Town's water system 2 infrastructure development impact fee is $864 for each single family residential lot served by 7 a %" x Sia" meter. 8.5.2. Credit. Developer is entitled to full credit against the Town's water system 0 infrastructure impact fee as a result of providing the following water system infrastructure 2 capacity improvements: 6 1 8.5.2.1. Two potable water wells, each capable of supplying peak daily demand; and U-2-2. One reservoir providing 125% of average daily demand plus fire flow; and 10000 or;c.noC i 8 f - 61_Ann1=NFARMS JI 1.iEvF1oi1mE.NTAGREEMF:hr -13- 311120064:18fMFJC Gladden Farms II F-15 (;+�} Specific Plan Appendix F: Development Agreement 8.5.2.3. Booster station capacity capable of serving peak daily demand plus Fre flow or peak hour demand, whichever is greater. Article 9. Cooperation and Alternative Dispute Resolution. 9.1. Appointment of representatives. To further the commitment of the Parties to cooperate in the progress of the Development, the Town and the Developer each shall designate and appoint a representative to act as a liaison between the Town and its various departments and the Developer. The initial representative for the Town (the "Town Representative"} shall be the Development Services Administrator, and the initial representative for the Developer shall be Dean Wingert or a replacement to be selected by the Developer. The representatives shall be available at all reasonable times to discuss and review the performance of the Parties to this Agreement and the development of the Property. 9.2. Timing, The Town acknowledges the necessity for prompt review by the Town of all plans and other materials (the "Submitted Materials") submitted by the Developer to the Town hereunder or pursuant to any zoning procedure, permit procedure, or other governmental procedure pertaining to the development of the Property and agrees to use its best efforts to accomplish such prompt review of the Submitted Materials whenever possible. 9.3. Default: remedies. If either Party defaults (the "Defaulting Party") with respect to any of that Party's obligations under this Agreement, the other Party (the "Non -Defaulting Party") shall be entitled to give written notice in the manner prescribed in Article 11 to the Defaulting Party, which notice shall state the nature of the default claimed and make demand that such default be corrected. The Defaulting Party shall then have (i) twenty days from the date of the notice within which to correct the default if it can reasonably be corrected by the payment of money, or (ii) thirty days from the date of the notice to cure the default if action other than the payment of money is reasonably required, or if the non -monetary default cannot reasonably be cured within sixty days, then such longer period as may be reasonably required, provided and so long as the cure is promptly commenced within sixty days and thereafter diligently prosecuted to completion. If any default is not cured within the applicable time period set forth in this paragraph, then the Non -Defaulting Party shall be entitled to begin the mediation and arbitration proceedings set forth in paragraphs 9.4 and 9.5 below. 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 Developer's development and improvement work, once implementation of this Agreement has begun, money damages and remedies at law will likely be inadequate and that specific performance will likely be appropriate for the enforcement of this Agreement. This paragraph shall not limit any other rights, remedies, or causes of action that either party may have at law or in equity. T 9.4. Mediation. If there is a dispute under this Agreement which the Parties cannot resolve 7 between themselves, the Parties agree that there shall be a forty-five day moratorium on 8 arbitration during which time the Parties agree to attempt to settle the dispute by nonbinding mediation before commencement of arbitration. The mediation shall be held under the 0 commercial mediation rules of the American Arbitration Association. The matter in dispute shall 2 be submitted to a mediator mutually selected by Developer and the Town. If the Parties cannot 2 agree upon the selection of a mediator within seven days, then within three clays thereafter the Town and the Developer shall request the presiding judge of the Superior Court in and for the County of Pima, State of Arizona, to appoint an independent mediator. The mediator selected shall have at least five years' experience in mediating or arbitrating disputes relating to real J(HKXK636.DOC 18 GI.AI)I3r:IY FARMS 11 DEVELOPMENT AUREEMENT -14- 3/1/2006 4:18 PM FIC Gladden Farms II F-16 (;+�} Specific Plan Appendix F: Development Agreement estate development. The cost of any such mediation shall be divided equally between the Town and (he Developer. The results of the mediation shall be nonbinding on the Parties, and any Party shall be free to initiate arbitration after the moratorium. 9.5. Arbitration. Alter mediation (paragraph 9.4 above) any dispute, controversy, claim or cause of action arising out of or relating to this Agreement shall be settled by submission of the matter by both Parties to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and in a manner consistent with the Arizona Uniform Arbitration Act, A.R.S. § 12-541 et seq., and judgment upon the award rendered by the arbitrator(s) may be entered in a court having jurisdiction. The Town and the Developer shall each appoint one impartial arbitrator, and the arbitrators shall appoint a third arbitrator to act as chairman pursuant to 5eetionR-13 of the American Arbitration Association Commercial Arbitration Rules. Article 10. Protected Development Rights To ensure reasonable certainty, stability and fairness to the Developer anti the Town for a reasonable period of time, the Developer and the Town agree that the zoning designations, uses, and densities that now apply to the Property, as amended by this Agreement, shall remain in effect and shall not be changed for a period of seven years atter the first issuance of commercial or residential building permits on the Property (see paragraph 1.3 above) without the agreement of the Developer. Article 11. Notices and flings. All notices, filings, consents, approvals and other communications provided for in or given in connection with this Agreement shall be validly given, filed, made, transmitted or served if in writing and delivered personally or sent by registered or certified United States mail, postage prepaid, if to (or to such other addresses as any Party may from time to time designate in writing and deliver in a like manner): To the Town: Town of Marana Town Manager 11555 W. Civic Center Drive Bldg A-3 Marana, Arizona 85453-7006 To the Developer: Dean Wingert FCIM Gladden Il, L.L C_ 333 E. Wetmore Suite #250 Tucson, Arizona 85705-1748 7 Article 12. General Terms and Conditions. 5 B 12.1. Term. This Agreement shall become effective upon its execution by all the Parties and 0 the effective date of the resolution or action of the Town Council approving this Agreement (the 2 "Effective Date"). The term of this Agreement shall begin on the Effective Date and, unless 6 sooner terminated by the mutual consent of the Parties, shall automatically terminate and shall thereafter be void for all purposes on the twentieth anniversary of the Effective Date. If the Parties determine that a longer period is necessary for any reason, the term of this Agreement may be extended by written agreement of the Parties. The Developer shall be entitled to (00001636AX)C £ 8 ] GLADDCN FARMS I] DEVELOPMENT At.R1;1iM14N-1- -15- 3/1/2006 4: 18 PM FIC Gladden Farms II F-17 (;+�} Specific Plan Appendix F: Development Agreement terminate this Agreement if the Town materially impairs the development entitlements on the Property granted by this Agreement. 122. Waiver. No delay in exercising any right or remedy shall constitute a waiver of that right or remedy, and no waiver by the Town or the Developer of the breach of any covenant of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Agreement. 12.3. Attorney's fees. If any Party brings a lawsuit against any other Party to enforce any of the terms, covenants or conditions of this Agreement, or by reason of any breach or default of this Agreement, the prevailing Party shall be paid all reasonable costs and reasonable attorneys' fees by the other Party, in an amount determined by the court and not by the jury. Nothing in the use of the word "lawsuit" in the preceding sentence shall constitute a waiver of paragraph 9.5 above, requiring disputes to be resolved by binding arbitration. 12.4. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from such counterparts and such signature pages all attached to a single instrument so that the signatures of all Parties may be physically attached to a single document_ 12.5. Headings. The descriptive headings of this Agreement are intended to be used to assist in interpreting the meaning and construction of the provisions of this Agreement. 12.6. Recitals. The Recitals set forth at the beginning of this Agreement are hereby acknowledged and confirmed to be accurate. 12.7. Exhibits. Any exhibit attached to this Agreement shall be deemed to have been incorporated in this Agreement by reference with the same force and effect as if fully set forth in the body of this Agreement. 12.8. Further acts. Each of the Parties shall execute and deliver all documents and perform all acts as reasonably necessary, from time to time, to carry out the matter contemplated by this Agreement. Without limiting the generality of the foregoing, the Town shall cooperate in good faith and process promptly any requests and applications for plat or permit approvals or revisions, and other necessary approvals relating to the development of the Property by the Developer and its successors. 12.9. Time Essence. Time is of the essence for purposes of this Agreement. 12.10. Successors. All of the provisions of this Agreement shall inure to the benefit of and be binding upon the successors, assigns and legal representative of the Parties except as provided in 1 paragraph 12.11 below. Unless and until the Town consents to an assignment of rights and 2 obligations under this Agreement, the Town may enforce the Developer's obligations under this 5 Agreement against the predecessor and successor in interest, the assignor and assignee, and the 8 principal and legal representative, If there is a complete assignment of all rights and obligations 0 of the Developer under this Agreement and the Town approves the assignment, the liability of 2 2 the assigning party underthis Agreement shall terminate effective upon the assumption of those 6 Liabilities by the assignee_ The Town may not unreasonably withhold, delay or condition its approval of assignment under this paragraph. A transfer of all or any portion of Gladden II into a land trust with the Developer as beneficiary is not an assignment under this paragraph, and the Town hereby expressly consents to such a transfer intra a land trust. 10000I636.1)OC f 81 GLADDEN FARMS tt 171+VFI.GPMENT AGREEMENT -16- 3/112006 4:18 PM FJC t%'% Gladden Farms II F-18 CO Specific Plan Appendix F: Development Agreement 12.11. Termination upon sale to end purchaser or user. This Agrccmcnt shall terminate without the execution or recordation of any further document or instrument as to any lot which has been finally subdivided and individually (and not in "bulk') Ieased (for a period of longer than one year) or sold to the end purchaser or user and thereupon such lot shall be released from and no longer be subject to or burdened by the provisions of this Agreement. 12.12. No partnership and third parties. It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any partnership, joint venture or other arrangement between the Developer and the Town. No term or provision of this Agreement is intended to, or shall be for the benefit of any person, firm, organization or corporation not a party to this Agreement, and no such other person, firm, organization or corporation shall have any right or cause of action under this Agreement. 12.13. Other instruments. Each Party shall, promptly upon the request of the other, have acknowledged and delivered to the other any and all further instruments and assurances reasonably request or appropriate to evidence or give effect to the provisions of this Agreement. 12.14. Imposition of duty by law. This Agreement does not relieve any Party of any obligation or responsibility imposed upon it by law, 12.15. Entire agreement. This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter of this Agreement. All prior and contemporaneous agreements, representation and understanding of the Parties, oral or written, are hereby superseded and merged in lhis Agreement. I2.16. Amendments to agreement. No change or addition shall be made to this Agreement except by a written amendment executed by the Parties. The Parties agree to cooperate and in ,good faith pursue any amendments to this Agreement that = reasonably necessary to accomplish the goals expressed in the Final Plat and Specific Plan as amended by this Agreement. Within ten days after any amendment to this Agreement, it shall be recorded in the office of the Pima County Recorder by and at the expense of the Party requesting the amendment. 12.17. Names and plans. The Developer shall be the sole owner of all names, titles, plans, drawings, specifications, ideas, programs, ideas, designs, and work products of every nature at any time developed, formulated or prepared by or at the instance of the Developer in connection with the Property or any plans; provided, however, that in connection with any conveyance of portions of the infrastructure as provided in this Agreement such rights pertaining to the portions of the infrastructure so conveyed shall be assigned to the extent that such rights are assignable, to the appropriate governmental authority - 12.18. Good standing; authorit . The Developer represents and warrants to the Town that it is 2 duly formed and Validly existing under the laws of Arizona and is authorized to do business in 5 the state of Arizona. The Town represents and warrants to the Developer that it is an Arizona municipal corporation with authority to enter into this Agreement under applicable state laws. 0 Each Party represents and warrants that the individual executing this Agreement on its behalf is 2 authorized and empowered to bind the Party on whose behalf each such individual is signing. 5 12.19. Severability. If any provision of this Agreement is declared void or unenforceable, it shall be severed from the remainder of this Agreement, which shall otherwise remain in full force and effect. If a law or court order prohibits or excuses the Town from undertaking any contractual commitment to perform any act under this Agreement, this Agreement shall remain t06IH11f�3ti.nrlill g} _.' — - GLADDEN FARMS 11 DEVELOPMENT A6REEME,NT -17- 311!2006 4.18 PIN FJC t%'% Gladden Farms II F-19 CO Specific Plan Appendix F: Development Agreement in full force and effect, but the provision requiring the act shall he deemed to permit the Town to act at its discretion, and if the Town fails to act, the Developer shall be entitled to terminate this Agreement. 12.20. Governing law. This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of Arizona, and the Parties agree that any litigation or arbitration shall take place in Pinta County, Arizona. Nothing in the use of the word "litigation" in the preceding sentence shall constitute a waiver of paragraph 9.5, requiring disputes to be resolved by binding arbitration. 12.21. Interpretation. This Agreement has been negotiated by the Town and the Developer, and no party shall be deemed to have drafted this Agreement for purposes of construing any portion of this Agreement for or against any party. 12.22. Recordation. The Town shall record this Agreement in its entirety in the office of the Pima County Recorder no later than ten days after it has been executed by the Town and the Developer. 12.23. No developer representations. Except as specifically set forth in this Agreement, nothing contained in this Agreement shall be deemed to obligate the Town or the Developer to complete any part or all of the development of the Property. 12.24. Approval. If any Party is required pursuant to this Agreement to give its prior written approval, consent or permission, such approval, consent or permission shall not be unreasonably withheld or delayed. 12.25. Force majeure. If any Party shall be unable to observe or perform any covenant or condition of this Agreement: by reason of "force majeure," then the failure to observe or perform such covenant or condition shall not constitute a default under this Agreement so long as such Party shall use its hest effort to remedy with all reasonable dispatch the event or condition causing such inability and such event or condition can be cured within a reasonable amount of time. "Force majeure," as used in this paragraph, means any condition or event not reasonably within the control of such party, including without limitation, "acts of God," strikes, lock -outs, or ether disturbances of employerfemploycc relations; acts of public enemies, orders or restraints of any kind of government of the tinted States or any state thereof or any of their departments, agencies, or officials, or of any civil or military authority; insurrection; civil disturbances; riots; epidemics; landslides; lightning; earthquakes; subsidence, fires; hurricanes; storms; droughts; floods; arrests, restraints of government and of people; explosions; and partial or entire failure of utilities. Failure to settle strikes, lock -outs and other disturbances of employerlemployce relations or to settle legal or administrative proceedings by acceding to the demands of the opposing Party or Parties, in either case when such course is in the judgment of and unfavorable 2 to a Party shall not constitute failure to use its best efforts to remedy such a condition. 7 5 12.26. Conflict of interest. This Agreement is subject to A.R.S. § 38-511, which provides for 8 cancellation of contracts in certain instances involving conflicts of interest. 0 f OW 1636.00C r 8) GLADDEN FARMS 11 DEVl:l.i7PM Nr AGREEMENT .18- 311;2006 4:1$ PM I7C Gladden Farms II (;+�} Specific Plan F-20 Appendix F: Development Agreement IN WITNESS WHF.RF.OF, the Parties have executed this Agreement as of the last date set forth below their respective signatures. TOWN: T1iE TOWN OF MARANA, an Arizona municipal corporation By: Ed Honea, Mayor Date: ATTT ST: raynC. ronson, Clerk PROVED S TO FORM; r f Ca y, Town Attorn TAT/; ARIZONA JS 5 County of Pima } OWNER: FC/M GLADDEN 11, L -L.('., an Arizona limited liability company By: FOREST CITY LAND GROUP, INC., an Ohio corporation, its Manager Ey: Dean Wingert, Senior ice Presided Date: -T • 67. Q The foregoing instrument was acknowledged before die on this day ofd, 2006 by Dean Wingert, Senior Vice President of FoRFST CITY LAND GROUP, INC., an Ohio corporation, Manager of FC/M GLADDEN 11, L.L.C. an Arizona limited liability company, on behalf of the LLC. i My commission expires: P-aw 7LoI ' Notary Public S --w--------yrr._., 0 KELLY PENUELA 2 No" Public . Arizo- . k 2 PIMA COUNTY 6 My C mmiaaian Expire 7 DMEI4BER 15,20 [04001636. DDC GLADDEN FA2MS 11 Mivt i orMrNT AGREENJENT -19- 3/1/2996 4:18 PM FIC Gladden Farms II (;+�} Specific Plan F-21 Appendix F: Development Agreement EXHIBIT "A" ROAD Legend: Project Boundary Adjacent Pan*ls Gladden Farms II Specific Pian I 2 7 5 8 0 2 2 6 8 Gladden Farms II F-22 00 Specific Plan Appendix F: Development Agreement on Order No.; 21Q0a77-JK - D EXHIBIT 66W That part of Section 35, Township i 1 South, Range 1 1 East, Gila and Salt Mvai Matidian, Pinta Courtly, Ariz0na, lying South and West Of the Southuvest right of way Ina of the relocated Tucson•Picacho Highway, Federal Interstate Project 94, as it existed o i May 15, 1450; EXCEPT THEREFR©IA the right Of way for M;l ore Road, formerly Grier Road, over the North 30 feet thereof, as shown on the wrap recorded in nook 2 of Roars Maps, Pages 1 6 through 129; AND EXCEPT THEREFROM the following two well sites belonging to Cortaro Wer Users' Association' it Marana Well No. 13 That portion of the Southeast quarter of the Southeast quarter of Section 35, To nship 11 South, Range 11 East, Gila and Salt River Meridian, Pima County, Ariaona, rticularly hounded and described as follows- REGINNINCa at a point which is 62.5 teat Northerly and 25 feet Westerly from the Soullr6ast corner of said Section 35; THENCE Westerly 62.5 feet from and parallel to the South boundary line of said Saction 35, a distance of 26.8 feet to a point which intersects the Northeast right-of-way line of tfw Cortaro Water Users' Lateral Na. 6.112; THENCE in a Northwesterly direction along the said right-of-way line of Cortaro Water users' Lateral No. 6-112;a distance of 109.3 feet to a point; THENCE Easterly, 150 fent from and parallel to the South boundary line of said Saction 35, a distance of 92.25 feet to a point; THENCE Southerly 25 feet from and parallel to flee East boundary line of said Section 35, a distance of 87.5 feet to the POINT OF BEGINNING; 1 Marana Well No. 14 That porvon of the Southeast quarter of tate Northea9t quarter of Section 35, Toi vnship 1t SOLAh, Rang P. 11 least, villa and $aft Diver Meridian, Pima County, Arizona„ p articujprly bounded and described as follows: 1 SFGINNINQ at a point which is 938,85 teet Westerly and 50 feet Northerly fro 2 the 'East 7 quarter corner of said Section; 55 THENCE Westerly Iib feet from and parallel to the East and West Canter line of sad Section 35, a dMance of 135 feet to e paint; 2 T HENCE Northerly 1073,05feet tram and parallel to the East line of the said Southest 5 quarter 9 of the Northeast quarter of Section 35, 100 feet to a point; IVN Gladden Farms Il ZZ Specific Plan Gladden Farms II F-23 (;+�} Specific Plan Appendix F: Development Agreement Legal description Order ELo.: 21008077 -JK - D THENCE Easterly 150 feet from and parallel to ttia East and West center line of said Sectir�n 35, 135 feet to a point-, THENCE Scutharly 938.85 feet from and -parallel IQ the East line of the said Southeast quarter of the Northeast quarter of Section 35, 100 feet If) the POINT OF BEGtNNING; AND EXCEPT THEREFROM the following port;on conveyed to Cortaro Marana Irrigation District in the feed recorded in Docket 1868, Page 685: lSEGINIVING at a point on the North line of said Section 35, said point being Sotith 89'49°00" West, 591.06 feet frons the Northeast corner of said Section 35; THENCE South 49°37'00}" East along ti le Southwesterly right of way tine of Interstate 10, 357.77 feet; THENCE South 49°53'04" East, 419-43 feet to the East Fine of said Section 35; THENCE Soutfi 0° 15100^ East, 32,81 feet along said East Eine; THENCE South 49°53'013" West, 448.44 feet, - THENCE North 49°37'40" West, 388.97 feet to the aforesaid North line of Stiction 35; THENCE North 89°49'40" East, 38.44 feet to the POINT OF BEGINNING; AND EXCEPT THEREFROM a strip of land 110 feet in width cor5veyed to the State of Ari®xna, by and through its State Highway Commission in the Deed recorded in Docket 2043, Page 408 described as follows: BEGINNING at the point of intersection of the existing Southwest right of way line of the existing Casa Grande -Tucson Highway with the East Erne of Section 35, from whence the Northeast corner of said Section 35 bears Northerly 359.70 feet; THENCE North 49°53'40" West along said existing Southwest right of way line, a distance of 325.42 feet,- THENCE eet;THENCE North 49°37'40' West continuing along said extsting Southwest right of way line, a distance of 229.27 Feet, to a point on the North line of said Section; THENCE Westerly along said North section line, a distance of 169-15 feet; 1 THENCE South 49037'DD" Ease 357.77 feat; 2 7 THENCE South 49053'60" East 419.03 feet to a point on the afofeSaid East line of Section 8 35; 0 THENCE Northerly along East section line, a distance of 144.38 feet, to the POINT OF 2 BEGINNING: 7 4 AND EXCV-PT THEREFROM the f=ast 50 feet of the South 35 feet of the 5outhaast quarter of sAid &=ton 35, Conveyed to Fima County in the laced recorded in Docket 6411, Page 1237. Gladden Farms II Specific Plan Gladden Farms II F-24 (;+�} Specific Plan Appendix F: Development Agreement EXHIBIT f 259 R.O.W. MOORE ROAD 15V R.U.W. tr r� 9T R.O.W- �-- ztr t �Z MIKE.-ETTEq BhVD. W 9V R.O.W. 1 7 5 256' R.U.W. 8 Legend: THE 2 Project Boundary PLANNING 2 ------ - Adjacent Parcels CENTERt �i6� Ci;uIE� AVF.. 9uRE 6'tlD i Gladden Farms II F-25 00 Specific Plan