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HomeMy WebLinkAboutTangerine Commerce Specific PlanTangerine Commerce Park Specific Plan Marana, Arizona 110 SOUTH CHURCH, SUITE 6320 TUCSON, ARIZONA 85701 520.623.6146 fax 520.622.1950 www.azplanningcenter.com Accepted Dec 20, 2005 THE MA_ PLANNING =/ I \ Ordinance No. 2005.27 CENTER TOWN W MA"NA Tangerine Commerce Park Specific Plan Submitted to: Town of Marana 3696 West Orange Grove Road Tucson, Arizona 85741 Prepared for BCW and its subsidiary, Cemex USA 426 North 44th St Phoenix, Arizona 85008 Cottonwood Properties 3567 East Sunrise, Suite 219 Tucson, Arizona 85718 Prepared by: THE PLANNING CENTER 110 South Church, Suite 6320 Tucson, Arizona 85701 Phone: (520) 623-6146 Fax: (520) 622-1950 06 Final Version February 2005 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 Table of Contents Adopting Ordinance SectionI...................................................................................................................................... i Introduction................................................................................................................................. i A. Specific Plan Summary..................................................................................................1 B. Purpose and Intent.........................................................................................................3 C. Authority and Scope.......................................................................................................3 D. Location..........................................................................................................................4 E. Northwest Marana Area Plan.........................................................................................5 F. Legal Description............................................................................................................6 SectionII....................................................................................................................................9 Development Capability Report.................................................................................................9 A. Introduction...................................................................................................................10 88 B. Environmental Overview..............................................................................................12 C. Site Analysis.................................................................................................................14 1. Topography and Slope Analysis................................................................................14 2. Hydrology and Water Resources..............................................................................17 3. Vegetation and Wildlife Habitats...............................................................................23 4. Geology and Soils.....................................................................................................30 5. Archaeological and Historical Resources..................................................................34 6. Viewsheds.................................................................................................................35 7. McHarg Composite Map............................................................................................54 8. Existing Structures, Other Development, Land Use, Zoning, and Road Network .....56 9. Open Space, Recreation Opportunities, Parks and Trails.........................................76 10. Existing Infrastructure and Public Services...............................................................80 SectionIII.................................................................................................................................87 DevelopmentPlan....................................................................................................................87 A. Introduction................................................................................................................... 88 B. Development Plan Concept..........................................................................................89 C. Relationship to Adopted Plans.....................................................................................90 D. Land Use......................................................................................................................90 1. Designated Land Uses..............................................................................................90 2. Land Use Definitions.................................................................................................90 E. Circulation....................................................................................................................93 1. Existing and Proposed Right-of-Ways.......................................................................93 F. Drainage Design...........................................................................................................98 G. Goals, and Objectives................................................................................................100 SectionIV...............................................................................................................................103 Development Standards.........................................................................................................103 A. Introduction.................................................................................................................104 B. Applicability of Town of Marana Land Development Code.........................................104 A. C. Development Regulations..........................................................................................105 1. Resource Extraction................................................................................................105 Applicability of Town Ordinances...............................................................................118 2. Commerce Park......................................................................................................111 3. Linear Park and Floodway.......................................................................................114 4. Buffer/Overburden Berms.......................................................................................115 5. CAP CANAL R/W....................................................................................................115 Commerce Park areas............................................................................................120 SectionV................................................................................................................................117 Implementation and Administration........................................................................................117 A. Purpose and Intent.....................................................................................................118 B. Applicability of Town Ordinances...............................................................................118 C. Development Plan Review Process...........................................................................120 1. Resource Extraction areas......................................................................................120 2. Commerce Park areas............................................................................................120 D. General Implementation Responsibilities...................................................................120 E. Specific Plan Administration.......................................................................................120 1. Enforcement............................................................................................................120 2. Administrative Change............................................................................................121 3. Substantial Change.................................................................................................121 4. 1 nterpretation...........................................................................................................121 5. Fees........................................................................................................................122 SectionVI...............................................................................................................................123 DesignGuidelines..................................................................................................................123 A. Introduction.................................................................................................................124 B. Purpose and Intent.....................................................................................................124 C. Commerce Park Design Guidelines...........................................................................125 1. Site Planning...........................................................................................................126 2. Building Design.......................................................................................................134 3. Freestanding Accessory Structures........................................................................138 Appendix A: Legal Description Appendix B: Plant Palette Appendix C: Bibliography Appendix D: Calmat Ordinances Appendix E: Resource Extraction Plan Appendix F: Development Agreement List of Exhibits EXHIBIT I.A: Regional Context..................................................................................................2 On-site agricultural fields and extraction areas.....................................................23 EXHIBIT I.B: Aerial Photograph.................................................................................................7 TABLE 1: EXHIBIT I.D: Location and Vicinity.............................................................................................8 EXHIBIT ILA: Development Context........................................................................................11 Inventory of Candidate Trails within One Mile of the Project Boundary...................78 EXHIBIT II.B: Environmental Overview....................................................................................13 TABLE3: EXHIBIT II.C.1: Existing Topography.......................................................................................16 EXHIBIT II.C.2: FEMA Flood Insurance Rate Map..................................................................20 Tangerine Farms Road Typical Section with Full Median.....................................95 EXHIBIT II.C.2.a: Offsite Watershed Map................................................................................21 FIGURE 2: EXHIBIT II.C.2.b: Onsite Hydrology.........................................................................................22 EXHIBIT II.C.3: Arizona Game and Fish Department Letter....................................................26 Street A..................................................................................................................97 EXHIBIT II.C.4: Soils................................................................................................................33 FIGURE 4: EXHIBIT II.C.5: Arizona State Museum Letter.........................................................................37 EXHIBIT II.C.6.a: Views Across the Site..................................................................................38 Reduction in Resource Extraction Setback .........................................................106 EXHIBIT II.C.6.b: Areas of High Visibility.................................................................................39 FIGURE 6: EXHIBIT II.C.7: McHarg Composite.........................................................................................55 EXHIBIT II.C.8.b: Other Development within'/4 Mile...............................................................59 Masonry Wall Option...........................................................................................107 EXHIBIT II.C.8.c (1): Existing Land Uses On-Site..................................................................63 EXHIBIT II.C.8.c (2): Phase 1 of the Existing Calmat Specific Plan.......................................64 EXHIBIT II.C.8.c (3): Existing Zoning On-Site.........................................................................67 EXHIBIT II.C.8.d (1): Existing Land Uses within'/4 Mile..........................................................68 EXHIBIT II.C.8.d (2): Existing Zoning within'/4 Mile................................................................69 EXHIBIT II.C.8.e (1): Traffic Circulation and Existing Rights-Of-Ways....................................72 EXHIBIT II.C.8.e (2): Internal Traffic Circulation......................................................................73 EXHIBIT II.C.9.a: Open Space, Recreational Opportunities, Parks and Trails ........................ 79 EXHIBIT II.C.10.b: Sewer........................................................................................................84 EXHIBIT II.C.10.c: Fire Services..............................................................................................85 EXHIBIT II.C.10.e: Public Facilities..........................................................................................86 EXHIBIT III.D: Land Use Designation Map..............................................................................92 EXHIBIT III.E: Circulation Concept Plan................................................................................101 EXHIBIT III.F: Post Development Hydrology.........................................................................102 List of Tables and Figures FIGURE 1: On-site agricultural fields and extraction areas.....................................................23 TABLE 1: Existing Roadways Within One -Mile of the Project Area.........................................76 TABLE 2: Inventory of Candidate Trails within One Mile of the Project Boundary...................78 TABLE3: Planning Areas........................................................................................................93 FIGURE 1: Tangerine Farms Road Typical Section with Full Median.....................................95 FIGURE 2: Tangerine Road Extension Typical Section with Full Median................................96 FIGURE3: Street A..................................................................................................................97 FIGURE 4: Resource Extraction Setback..............................................................................106 FIGURE 5: Reduction in Resource Extraction Setback .........................................................106 FIGURE 6: Ancillary use Setbacks........................................................................................107 FIGURE 7: Masonry Wall Option...........................................................................................107 MARANA ORDINANCE NO. 2005.27 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A REZONING OF 494 -ACRES OF LAND FROM "F" (CALMAT SPECIFIC PLAN) TO ZONE "F" CREATING THE TANGERINE COMMERCE PARK SPECIFIC PLAN. WHEREAS, The Planning Center and Cottonwood Properties represent the property owners Iof approximately 494 acres of land located within portions of Section 1, Township 12 South, Range 11 East and Section 6, Township 12 South, Range 12 East, as depicted on Exhibit "A", attached hereto and incorporated herein by this reference; and, WHEREAS, the Marana Planning Commission held a public hearing on November 2, 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 owners, staff and members of the public at the regular Town Council meeting held December 20, 2005, and has determined that the rezoning meets the intent of the General Plan, and should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council ofthe Town ofMarana, Arizona, as follows: Section 1. The zoning of approximately 494 -acres of land located within located within portions of Section 1, Township 12 South, Range 11 East and Section 6, Township 12 South, Range 12 East, on 1 the south side of Tangerine Road and west of I-10 (the "Rezoning Area"), is hereby changed from Zone "F" (Calmat Specific Plan) to "F" (Specific Plan) creating the Tangerine Commerce Park Specific Plan. Section 2. The purpose of this rezoning is intended to accommodate regional and local commercial businesses, professional offices, and limited manufacturing uses that complement the commerce park areas along with continuing the existing resource extraction (surface mining operation), 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 of this rezoning ordinance): 1. 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 comply with the requirements of the adopted development agreement. Marana Ordinance No. 2005.27 Page 1 of 3 0 F. ANN RODRIGUEZ, RECORDER DOCKET: 12706 RECORDED BY: PH oe P1 PAGE: PAGE : 1559 DEPUTY RECORDER O �oz NO. OF PAGES: 8 ' ' 3056 PE1 w SEQUENCE: 20052470427 12/22/2005 SMARAOff\ �T,� TOWN OF MARANA �RIZo�A ORDIN 14:19 ATTN: TOWN CLERK 11555 W CIVIC CENTER DR MAIL MARANA AZ 85653 AMOUNT PAID $ 9.50 MARANA ORDINANCE NO. 2005.27 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A REZONING OF 494 -ACRES OF LAND FROM "F" (CALMAT SPECIFIC PLAN) TO ZONE "F" CREATING THE TANGERINE COMMERCE PARK SPECIFIC PLAN. WHEREAS, The Planning Center and Cottonwood Properties represent the property owners Iof approximately 494 acres of land located within portions of Section 1, Township 12 South, Range 11 East and Section 6, Township 12 South, Range 12 East, as depicted on Exhibit "A", attached hereto and incorporated herein by this reference; and, WHEREAS, the Marana Planning Commission held a public hearing on November 2, 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 owners, staff and members of the public at the regular Town Council meeting held December 20, 2005, and has determined that the rezoning meets the intent of the General Plan, and should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council ofthe Town ofMarana, Arizona, as follows: Section 1. The zoning of approximately 494 -acres of land located within located within portions of Section 1, Township 12 South, Range 11 East and Section 6, Township 12 South, Range 12 East, on 1 the south side of Tangerine Road and west of I-10 (the "Rezoning Area"), is hereby changed from Zone "F" (Calmat Specific Plan) to "F" (Specific Plan) creating the Tangerine Commerce Park Specific Plan. Section 2. The purpose of this rezoning is intended to accommodate regional and local commercial businesses, professional offices, and limited manufacturing uses that complement the commerce park areas along with continuing the existing resource extraction (surface mining operation), 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 of this rezoning ordinance): 1. 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 comply with the requirements of the adopted development agreement. Marana Ordinance No. 2005.27 Page 1 of 3 0 1 1 3. Ther p operty owner(s) shall not cause any lot split of any kind without the written consent of the Town of Marana, except with respect to the dedications required under the specific plan or development agreement. 4. An assurance agreement shall be entered into by the owner/operator/applicant for the resource extraction areas, establishing a financial instrument of assurance to guarantee mitigation and reclamation of the mineral extraction operation. Said assurance shall be evaluated annually and adjusted depending on the cumulative level of disturbance. The 1 agreement required herein shall be substantially in the form required by the adopted Surface Mining and Reclamation Ordinance. 5. A lighting plan for the resource extraction areas, in compliance with the Town's adopted Lighting Code, shall be submitted, providing a location and schedule of lighting facilities, temporary and permanent, and shall be updated annually. All permanent lighting measures at the new site shall not exceed the height of the proposed screening berm. Additionally, the program shall mitigate trespass of light to surrounding areas and provide for the modernizing of lighting equipment in conjunction with the required annual lighting reviews. Directional (non flood) lighting required for operational and safety purposes is allowed on silos and above the height limits stated herein, provided such lighting is used only as required, is minimized and is fully screened from adjacent properties and or rights-of-way. However, any such lighting remains subject to all light trespass restrictions. This is not intended to limit lighting necessary for equipment maintenance, provided the lighting is used only during active maintenance activities and does not trespass into surrounding areas. ' 6. The aggregate extraction operation shall comply with the most current and reasonably applicable environmental and safety standards, as identified in federal, state, and local laws, 1 and any necessary adjustments shall be required to be updated on an annual basis. 7. The resource extraction operators shall ensure that all trucks are properly loaded and that tires and wheels have been sprayed or washed for dust abatement or alternatives as approved by the Town Engineer and Planning Director. Such alternatives may include, but not be limited to, sweeping and maintaining a paved exit road within the resource extraction area. 8. The resource extraction land owner shall design and construct the required multi -use trail within the linear park to provide connectivity of multi use trails to the east or west and shall be constructed in conjunction with the adjacent linear park development. t9. 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. 10. A water service agreement and a master water plan must be submitted by the Developer and accepted by the Utilities Director prior to approval of the water plans for the Commerce Park ' land use designation. 11. A sewer service agreement and master sewer plan must be submitted by the Developer and accepted by Pima County Wastewater Management and the Town Engineer prior to the approval of the sewer plans for the Commerce Park land use designation. Marana Ordinance No. 2005.27 Page 2 of 3 1 12. Dual water lines shall be installed per the adopted Northwest Marana Area Plan. 13. The commercial property owner shall transfer with the final plat, using the appropriate Arizona Department of Water Resources form, those water rights, being IGR, Type I or Type II, to the Town of Marana for the Town to provide a designation of assured water supply and 1 water service to said property. If Type I or Type H is needed on said property, the Town and developer/landowner shall arrive at an agreeable solution for the use of those water rights appurtenant to said land. 14. In the event that the Town, in its reasonable discretion, determines that asphalt production results in odors that impact the surrounding property, the Town shall have the right to require installation of odor treatment equipment and prohibit production of rubberized asphalt as it is 1 more odiferous than conventional asphalt. 15. In addition to those requirements listed in the Land Development Code, an annual report shall be submitted within 30 days of the anniversary of the Town Council's approval ofthe Specific Plan. 16. Upon adoption of the Tangerine Commerce Park Specific Plan by the Mayor and Council, the applicant shall provide to the Planning Department within 60 days of the adoption, the following final editions of the Tangerine Commerce Park Specific Plan: one non -bound ' original; 30 bound copies; and, one digital copy in Microsoft Word or other acceptable format. 1 i I Section 3. 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. 2005.27. Section 4: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. PASSED AND ADOPTED by the Mayor and Council of the Town ofMarana, Arizona, this 20'` day of December, 2005. ATTEST: Town lro G Mayor Ed Honea ?'}i749 01����cORPORgTF % �, s SEAL. JF 5 v Mmm Ordinance No. 2005.27 / 1 Page 3 of 3 Appendix A: Legal Description 1 Exhibit A to Marana Ordinance No. 2005.27 Parcel 1 ' That part of the West half of Section 6, Township 12 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County, Arizona, lying Southwesterly of the Tucson -Casa Grande Highway and/or Interstate 10 as the same exists on September 16, 1985. Excepting that real property conveyed to Cortaro-Marana Irrigation District, a political subdivision recorded as Docket 1968, Page 587, described as follows: BEGINNING at a point on the West line of Section 6, Township 12 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County, Arizona, said point lying South 00027'03" East, 47.46 feet form the Northwest corner of said Section 6. 1 THENCE South 77054'33" East, 154.06 feet; THENCE South 50°12'48" East, 300.00 feet; THENCE South 56029'26" East, 1728.56 feet; THENCE South 50012'48" East, 929.7 feet to the mid-section line of said Section 6; THENCE South 00°09'58" East, along said mid-section line, 32.83 feet ' THENCE North 50012'48" West, 951.31 feet; THENCE North 5629'26" West, 1728.56 feet; ' THENCE North 50012'48" West, 393.84 feet; THENCE North 77054'33" West, 147.9 feet to the said West line of Section 6; tTHENCE North 00027'03" West, 25.00 feet along said West line of the POINT OF BEGINNING; ' FURTHER EXCEPTING all that portion of the Southwest Quarter of Section 6, Township 12 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County, Arizona, said parcel being more particularly described as follows: BEGINNING at the West Quarter corner said Section 6, said point also,bein9 the TRUE POINT OF BEGINNING: ' THENCE North 89°29'21" East, a distance of 2524.74 feet, to the center of said Section 6; THENCE South 00°37'12" East, a distance of 2641.70 feet, to the South Quarter corner of said Section 6; 1 Exhibit A to Marana Ordinance No. 2005.27 Appendix A: Legal Description THENCE South 89034'15" West, a distance of 2522.53 feet, to the Southwest corner of said Section 6; THENCE North 00°40'06" West, a distance of 2638.11 feet, to the TRUE POINT OF BEGINNING. Parcel 2 The Northwest Quarter and the East Half of the Northwest Quarter of Section 1, Township 12 South, Range 11 East, Gila and Salt River Base and Meridian, Pima County, Arizona. Excepting those portions of real property conveyed to the Town of Marana in Docket 6629, Page 774 described as follows: The North 15 feet of the West 3931.48 feet of Section 1, Township 12 South, Range 11 East Gila and Salt River Base and Meridian, Pima County, Arizona; and Further excepting the following described parcel of land conveyed in Docket 10808, Page 824, as to Parcel 1, described as follows: All of that portion of Section 1, lying within the East half of the Northwest Quarter and the Northeast Quarter of Section 1, Township 12 South, Range 11 East, Gila and Salt River Base and Meridian, Pima County, Arizona, Being more particularly described as follows: BEGINNING at the North Quarter of corner of Section 1, THENCE South 89°51'27" West, a distance of 1321.06 feet to the Northwest corner of the East half of the Northwest Quarter of said Section 1; THENCE South 00°13'10" East, a distance of 300.00 feet, to a TRUE POINT OF BEGINNING; THENCE North 89°27'52" East, a distance of 132.15 feet, to a point in the West line of the Northeast Quarter of said Section 1; THENCE North 89027'52" East, a distance of 835.94 feet; THENCE 45029'41" East, a distance of 835.15 feet; THENCE 31036'25" West, a distance of 350.63 feet to a point of curvature; THENCE Southerly along the arc of a circular curve concave to the East having a radius of 600.00 feet, a central angle of 32°03'27", an arc length of 335.70 feet to a point of tangency; 1 Appendix A: Legal Description THENCE South 00°27'01" East, a distance of 1,132.65 feet, to a point in the South line of the Northeast Quarter of said Section 1; THENCE South 89°25'19" West, along said South line, a distance of 1,142.52 feet to the center of said Section 1; ' THENCE South 89025'14" West, a distance of 1,321.32 feet, to the Southwest corner of the East half of the Northwest Quarter of said Section 1; THENCE North 00036'48" West, a distance of 2,340.63 feet, to the TRUE POINT OF BEGINNING. Parcel 3 ' All of that portion of Section 1, lying within the East Half of the Northwest Quarter and the Northeast Quarter of Section 1, Township 12 South, Range 11 East, Gila and Salt River Base and Meridian, Pima County, Arizona, said parcel being more particularly 1 described as follows: BEGINNING at the North Quarter corner of said Section 1; ' THENCE South 89051'27' West, a distance of 1321.06 feet to the Northwest corner of the East Half of the Northwest Quarter of said Section 1; THENCE South 00013'10" East, a distance of 300.00 feet to the TRUE POINT OF BEGINNING: THENCE North 89051'27' East, a distance of 1321.06 feet to a point in the West line of the Northeast Quarter of said Section 1; ' THENCE North 89051'13" East, a distance of 835.94 feet; THENCE South 45006'06" East, a distance of 835.15 feet; THENCE South 32000'00" West, a distance of 350.63 feet to a point of curvature; THENCE Southerly along the arc of a circular curve concave to the East having a radius of 600.00 feet, a central angle of 32003'27", an arc length of 335.70 feet to a point of tangency; THENCE South 89048'57' West along said South line, a distance of 1142.12 feet to the center of said Section 1' 1 THENCE continue South 89°48'57' West, a distance of 1321.27 feet to the Southwest corner of the East Half of the Northwest Quarter of said Section 1; THENCE North 00°13'10" West, a distance of 2340.52 feet to the TRUE POINT OF BEGINNING. it 1 I Appendix A: Legal Description Parcel 4 All of that portion of Section 6, Township 12 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County, Arizona, lying East of the Tucson Aqueduct Reach #4, as shown by Plan #344-330-14052 dated August 01, 1990 and lying Southwesterly of Interstate 10 Highway #10, said parcel being more particularly described as follows: BEGINNING at the West Quarter corner of said Section 6' THENCE North 89°51'55" East, along the South line of the Northwest Quarter of said Section 6, a distance of 173.41 feet to the TRUE POINT OF BEGINNING; THENCE North 00003'26" West, along the East line of Reach #4, a distance of 1291.23 feet; ' THENCE continue along said East line North 40021'34" East, a distance of 655.02 feet; THENCE South 5605'43" East, a distance of 1546.61 feet; ' THENCE South 70023'55" East, a distance of 682.40 feet to a point in the East line of the Northwest Quarter of said Section 6; ' THENCE South 00012'44" East, along said East line, a distance of 693.18 feet to the center of said Section 6' THENCE South 89051'55" West, along the South line of said Northwest Quarter, a distance of 235.94 feet to the TRUE POINT OF BEGINNING. ' Parcel 5 All that portion of the Southwest Quarter of Section 6, Township 12 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County, Arizona, said parcel being more particularly described as follows: BEGINNING at the West Quarter corner of said Section 6, said point also being the TRUE POINT OF BEGINNING, THENCE North 89051'55" East, a distance of 2525.35 feet to the center of said Section 6, THENCE South 00012'44" East, a distance of 2642.10 feet to the South Quarter corner of said Section 6; THENCE South 8957'52" West, a distance of 2516.40 feet to the Southwest corner of said Section 6; Appendix A: Legal Description ' THENCE North 0002425" West, a distance of 2637.77 feet to the TRUE POINT OF BEGINNING. Section Introduction Introduction A. Specific Plan Summary The Tangerine Commerce Park Specific Plan replaces the previously approved Calmat Specific Plan, which provided for resource extraction and related uses and agricultural uses. The site location is well suited for commercial uses that can expand employment opportunities and the retail sales tax base for the Town. The Specific Plan area modifies the existing uses to provide for these commercial opportunities and establishes comprehensive guidance and regulations for the development of approximately 494 acres in Marana, Arizona. The Tangerine Commerce Park Specific Plan establishes the development regulations, programs, development standards, and design guidelines required for the implementation of the development plan. The Tangerine Commerce Park Specific Plan is regulatory, adopted by ordinance and will be consistent with the Town of Marana's General Plan. The Specific Plan is a tool used to implement the Town of Marana General 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. In the Development Capability Report section of this document, the site is analyzed to determine development capabilities, considering the physical constraints of the site, existing and proposed infrastructure and the unique opportunities the site presents for development and open space. The authority for preparation of Specific Plans is found in the Arizona Revised Statutes, Section 9-461.09. 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 Designations, and further allows for the review and adoption. Exhibit I.A: Regional Context shows the regional context in which the site is located. Tangerine Commerce Park Specific Plan Marana, Arizona 1 Introduction B. Purpose and Intent The purpose of the Specific Plan is to incorporate commercial and employment opportunities along the arterial roadways of the specific plan boundary, while allowing the existing resource extraction activities to continue. The Commerce Park will establish a community gateway with businesses that support an employment base, economic development along the 1-10 Corridor and significant sales tax revenue for the Town of Marana. The Specific Plan also replaces the transportation element of the Calmat Specific Plan with a plan that is consistent with the transportation element of the Marana General Plan. The Specific Plan establishes the type, location, density, and character of development within the Plan area. It functions as a guide for future development and provides a site-specific document focusing on existing site characteristics and development standards designed to regulate development within the plan area. The primary objective of the Specific Plan is to provide a means by which development may occur at Tangerine Commerce Park in an orderly and responsible manner that is responsive to the physical parameters of the site and its environs. The plan will ensure that the resource extraction uses are integrated into a framework for development along the proposed Tangerine and Tangerine Farms realignment. The Specific Plan is an extension of the Town of Marana General Plan and the Northwest Marana Area Plan in that it sets guidelines for quality development that specifically addresses the goals of the Town of Marana, and the landowners. The General Plan calls for the land within the Specific Plan to be Industrial/General while the Northwest Area Plan calls for Resource Reclamation in this area. The proposed land uses are consistent with the goals of the General Plan and the Northwest Marana Area Plan to provide employment and other non-residential uses that would be compatible with the adjacent resource extraction. Based on the land use designations in the General Plan and the Specific Plan uses of commerce park and resource extraction, this Specific Plan does not substantially alter the municipality's land use mixture or balance as established in the General Plan. The Plan furthers the intentions of the General Plan by providing a specific plan with more well-defined parameters for employment and commerce type uses, without a significant change in acreage for existing land use designations. The Specific Plan focuses on providing a sensitive integration of a commerce center, resource extraction, with the inclusion of buffers and performance standards to ensure that development will be as envisioned at the time of approval. Exhibit LB: Aerial Photograph provides an aerial view of the site C. Authority and Scope Tangerine Commerce Park Specific Plan Marana, Arizona 3 Introduction The Tangerine Commerce Park Specific Plan is a regulatory plan, which will serve as the zoning ordinance for the property. Proposed development plans and plats must be consistent with this Specific Plan. Projects consistent with the Tangerine Commerce Park Specific Plan will be automatically deemed consistent with the Town of Marana General Plan. D. Location The Tangerine Commerce Park property lies within the Town of Marana in Pima County, Arizona. The site is approximately 494 acres and located within the Town of Marana and within the Northwest Growth Area of the Northwest Marana Area Plan. The property is located to the west of Interstate 10, the primary transportation corridor between Tucson and Phoenix. A major interchange with Tangerine Road is located near the northern boundary. The Santa Cruz River is located on the southwestern boundary and provides an opportunity to establish a linear park along the riparian corridor. The Central Arizona Project (CAP) traverses the site running underground from north to south. The property is approximately 17 miles from the Central Business District of the Tucson downtown area. It is approximately three miles from the Marana Regional Airport, and approximately 3 miles from the Town Center of Marana both located in the Northwest Marana area. Exhibit I.D: Location and Vicinity, shows the general location and areas abutting the site. Tangerine Commerce Park Specific Plan Marana, Arizona 4 Introduction E. Northwest Marana Area Plan The specific plan area is located within the Urban Southeast planning area of the Northwest Area Plan. The Urban Southeast Planning Area primarily includes agricultural, residential, commercial and industrial land uses bounded by Interstate 10 to the northeast, Sanders Road to the west, the Santa Cruz River to the south and the Town's corporate limits on the east. Listed below are key policies from the Northwest Area Plan followed by a review of how this Specific Plan implements the applicable policy. Community Character Goals, Objective and Policies Policy 1: Develop a sense of identity for the Northwest Marana Area through the use of appropriate architectural styles for commercial and public buildings. The design guidelines and development regulations as outlined in Sections IV and VI ensure that future development within the project develops in a manner that is consistent with the quality and character goals of the Northwest Marana Area Plan. These guidelines include specific standards for site planning, building style, design, and massing. They are designed as an information source for site development, architectural styles, landscape architecture, signage and other features. The application of the guidelines by the Master Developer, as well as their integration into the project's C C & R's will guarantee design consistency throughout the development of the project site. Policy 2: Reinforce community identity and create a sense of continuity throughout the Northwest Marana Area through appropriate landscape features within the arterials rights-of-way. Landscape maintenance districts will be established to maintain landscaping within the public rights-of-way and landscape easements. The proposed arterial rights of way provide significant land area for landscaping and a multi use path for establishing the identity of the area. The Town is in the process of establishing an assessment district for Tangerine Farms Road and the right of way established under the Specific Plan. The design guidelines also provide landscape standards that include landscaping the street frontage and integrating this with project landscaping, to create a sense of identity and continuity throughout this area. Landscaping Provisions have been implemented into the Design Guidelines and Development Regulations to ensure well-maintained landscaped buffers, easements and internal public rights-of-way. Tangerine Commerce Park Specific Plan Marana, Arizona 5 Introduction Policy 2: Reinforce community identity and create a sense of continuity throughout the Northwest Marana Area through appropriate landscape features within the arterials rights-of-way. Landscape maintenance districts will be established to maintain landscaping within the public rights-of-way and landscape easements. Future circulation adjacent to the site and throughout the Northwest Marana Area is dependent upon the success of Tangerine Farms Improvement District. The commercial developer is involved in this district and additional right-of-way will be set aside for landscaping creating a sense of identity and continuity throughout this area. Landscaping Provisions have been implemented into the Design Guideline and Development Regulations to ensure well-maintained landscaped buffer, easements and within internal public rights-of-way. Policy 3: Concentrate commercial development in applicable areas in highly accessible and visible locations. The site location adjacent to Interstate 10 and the Tangerine Farms Corridor is well suited for commercial development. This area is highly visible, accessible and directly adjacent to 1-10 Commercial Corridor designations. The expansion of commerce park type uses will expand employment opportunities and the retail sales tax base for the Town. F. Legal Description Legal Description is provided in Appendix A to the Specific Plan. Tangerine Commerce Park Specific Plan Marana, Arizona 6 a kJ Introduction EXHIBIT I. B: Aerial Photograph Legend COTHE PLANNING CAP Line _-_ FIo©dway to be i CENTER dedicated to 13ima Cou "� Levee 4 0 1590 Feet Source: Pima CountyLand Information stems, 2004, Pate 11-2-04 ID:Ba Landiscor Aerial Imagery, 2003 & Town of Marana GIS Dept. %IePronam Pr*dsftc-011gis Tangerine Commerce Park Specific Plan Marana, Arizona 7 Introduction EXHIBIT I.D: Location and Vicinity The site is located in Township 12 South, Range 11 East, Section 01 and Township 12 South, Range 12 East, Section 06. Parcel id's! 215-01-003D. 215-01-003 ; ' r16"THE 216-12-007D, 216-12-007E, 216-12-007F, 216-12-007G, 2165-12-007H ' PLANNING LegendCENTER i 1100 [fii l5-4aLrt. M, lr16 j Levee 0 Santa Cruz River Specific Plan Site usr� r� 0 30000 Feet Feet Cap Line Flood way to be dedicated to Pima County Dates 31-2-04 Source: Pima County anInformation Land Systems, 2004 & Town of MGIS Cie Renam Id' BAC -011 ]'Stemsarana pt. f�ename' Prpjectslbao-Otlgis Tangerine Commerce Park Specific Plan Marana, Arizona 8 Section II Development Capability Report (Site Inventory and Analysis) Development Capability Report A. Introduction The primary purpose of the Development Capability Report section of the Tangerine Commerce Park Specific Plan is to present the opportunities and constraints or 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 responsible manner. 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 for development: 1. Topography and Slope Analysis; 2. Hydrology and Water Resources; 3. Vegetation and Wildlife Habitat; 4. Geology and Soils; 5. Archaeological and Historical Resources; 6. Viewsheds; 7. McHarg Composite Map; 8. Existing Structures, other Development, Land Use, Zoning, and Transportation Network; 9. Open Space, Recreational Opportunities; Parks and Trails 10. Existing Infrastructure and Public Services A number of developments exist in the surrounding area of Tangerine Commerce Park Specific Plan. These developments are shown in Exhibit ILA: Development Context. Tangerine Commerce Park Specific Plan Marana, Arizona 10 Development Capability Report EXHIBIT ILA: Development Context 7S Existing Devetopmant Approved Development (with significant development in progress or complete) , i \ TME I '' PLANNING �j Proposed Development (under review with the Townj Specific Plan Bounds ry i. CENTER 110 8. cmu Cr ave suiress�u n irsnw hz n5F_r.� rW. 051U ?s1110 SPECIFIC PLANS Dawe &17-05 GASCADA 0 DOVE MOUNTAIN RANCHO MARANA llllarmna: Prcieftbaodlllgis 0 ANWAY FARM ® SAGUARO SPRINGS = PIMA FARMS NORTH $� f98t ® TANGERINE COMMERCE PARK MARANA GARDENS COh4T1NENTAL RANCH PIMA FARMS Tangerine Commerce Park Specific Plan Marana, Arizona 11 Development Capability Report B. Environmental Overview Approximately two-thirds of the site is currently used for cotton cultivation, and approximately one third of the site is used for aggregate extraction, and associated uses. Approximately one percent of the site is part of the Santa Cruz River Corridor, which is sited in designated floodway and will be dedicated to Pima County Flood Control District (See Exhibit 11.13: Environmental Overview). At this time, agriculture is a temporary use within a large portion of the site. Most of the site is flat and has been leveled or disturbed either by agriculture or resource extraction activities. With the exception of a small strip of the property within the Santa Cruz River Corridor, there is little or no natural vegetation within the site (See Exhibit 11.13: Environmental Overview). According to the Pima County Conservation Land System, the Santa Cruz River corridor is designated riparian and contains the majority of valuable vegetative species. The corridor encompasses a combination of perennial water and intact riparian ecosystems. The corridor will be dedicated to Pima County Flood Control District through separate instrument within 10 days of Town Council approval of the Specific Plan Tangerine Commerce Park Specific Plan Marana, Arizona 12 Development Capability Report EXHIBIT II.B: Environmental Overview Legend Santa Cruz River Cap Line Floodway to be dedicated E3 Specific Plan Boundary to Pima County. Levee s THE PLANNING CENTER "De.L:NUAM-AVE. SWTElF'MV IL TMON al MIM M"I MI RIJA a 2000 Feet Date: 3-2.04 All information regarding floodways is based on Pima county Land Information Systems data, 2004. Protect fid' 6AG01 Landisoor Aerial Imagery, August 2004- filename; Pro]ects1ba"11gWgis.apr Tangerine Commerce Park Specific Plan Marana, Arizona 13 Development Capability Report C. Site Analysis This portion of the Development Capability Report identifies opportunities and constraints within the site. 1. Topography and Slope Analysis The topography of the site is provided as follows. a. Topographic Characteristics The topography of the site has been leveled, graded and excavated for resource extraction and associated activities. Other areas of the site, outside of resource extraction areas, have been leveled in connection with CAP canal building, and existing agricultural fields for row crop cultivation. Existing topography is shown on Exhibit II.C.1. (1). Hillside Conservation Areas: There are no hillside conservation areas within the site. (2). Rock Outcrops: There are no rock outcrops within the site. (3). Slopes of 15% or Greater: There are no natural slopes of 15 percent or greater. The existing resource extraction area has perimeter slopes and stockpiles associated with processing activity that have slopes of 15% or greater. (4). Other Significant Topographic Features: Approximately 12.5 acres within the Specific Plan site, south of the existing resource extraction and adjacent to existing agricultural land is located within the Santa Cruz River, and is within designated floodway of the Santa Cruz River. This segment of the site will remain undisturbed and be dedicated to Pima County Flood Control District. A levee has been installed for river bank stabilization along the Santa Cruz River to mitigate potential flooding impacts. The levee was previously constructed to remove land north of the levee from the Santa Cruz River flood plain. Other significant features include the resource extraction activities on either side of the current access road (Calmat Drive) off of Interstate 10 Frontage Road. Both sides of Calmat Drive have previously been excavated to a depth of approximately 100-150 Tangerine Commerce Park Specific Plan Marana, Arizona 14 Development Capability Report feet deep. (See Exhibit II.C.1 for resource extraction with 15 percent slopes or greater) b. Pre -Development Cross -Slope As mentioned before, the topography of the site has been leveled, graded and modified by resource extraction and associated activities, CAP canal, agricultural fields and associated irrigation ditches. Calculation of pre -development cross -slopes is not applicable to this site since the entire site has been leveled and shows no original topography. Tangerine Commerce Park Specific Plan Marana, Arizona 15 Development Capability Report EXHIBIT Il. C. 1: Existing Topography LEGEND PLANNING CENTER 119 S. C"UM"AVE. SUM -e=— Area to be dedicated to Pima County Q MMi 521118ZUUe - - - Levee "Mi" l Specific Plan Boundary 15% Slopes or greater Tangerine Commerce Park Specific Plan Marana, Arizona 16 Development Capability Report 2. Hydrology and Water Resources On September 16, 2004, FEMA adopted an official Letter of Map Revision (LOMR), which has removed approximately 7.4 square miles of land from the Santa Cruz River floodplain. Areas affected by this revision lie within the specific plan boundary, the Town of Marana and portions of unincorporated Pima County. Town of Marana Ordinance 99.02 was adopted to provide funding of the bank protection along the Santa Cruz River and impacts fees under the ordinance will be applicable within the Specific Plan. See Exhibit II.C.2: FEMA Flood Insurance Rate Map for the revised Flood Insurance Rate Maps for this area. This portion of the Tangerine Commerce Park Specific Plan includes pre - development on-site and off-site hydrologic characteristics and water resources. a. Off-site Watersheds There are two points of concentration where off-site stormwater may enter the project boundary. These concentration points are located along the east property line at the southeast property corner (CP -1) and at the northeast property corner (CP -2) adjoining the 1-10 Frontage Road (see exhibit II.C.2.a: Offsite Watersheds) CP -1 at the southeast property corner has a drainage area of 69.7 acres. CP -2 at the northeast property corner receives offsite stormwater via some of the existing culverts and under passes beneath Interstate 10 (1-10). The Town of Marana Master Drainage Study indicates that the largest flow in the vicinity of the project passes through a railroad underpass about 1.0 mile south of the property. Some flow also passes through the Tangerine Road/1-10 interchange. These locations are identified on Exhibit II.C.2.a: Off-site Watersheds. Surface drainage from the Town of Rillito and the Cement Plant is diverted to CP -2 by an elevated irrigation canal along the east property line. b. Offsite Features that may Affect or be Affected by the Site Offsite drainage features exist along the south property boundary. The Santa Cruz River Flood Control Levee is located along the south property boundary. This levee protects the project site from flood inundation during the 100 -year return period storm on the Santa Cruz River. Most of the stormwater emanating from the Tortolita Mountain Foothills remains on the north side of the UPRR. A limited amount of flow passes through the UPRR culverts and 1-10 culverts along reaches southeast of the project site. Stormwater emanating from these culverts ponds behind irrigation canal and roads or eventually Tangerine Commerce Park Specific Plan Marana, Arizona 17 Development Capability Report drains toward the project site along the Frontage Road alignment to CP -2. Other features that affect drainage patterns on the project site include the irrigation canals, which are located throughout the project area and along the project boundaries. These canals are generally elevated 1 to 2 feet above natural grade and function to store a significant amount of storm water runoff from farmland, the area of the cement plant and Rillito Vista. Discharges shown on Exhibit II.C.2b: Onsite Hydrology was derived from the Town of Marana Master Drainage Study and have not been verified. The opinion of Town staff is that the Master Drainage Study results are preliminary and possibly conservative. Additional studies will be conducted in conjunction with preparation of the development plan to establish the offsite discharge rates. c. Acreage of Upstream Off -Site Watersheds with 100 Year Discharge Greater than 50 cfs There are two locations where the off-site 100 -year discharge exceeds 50 cfs. These locations are identified on Exhibit II.C.2.a as CP -1 and CP -2. The area of the watershed draining to CP -1 is 69.4 acres and the 100 -year discharge has been estimated to be 90 cfs. The 100 -year discharge at CP -2 is related to the magnitude of flows discharging through several culverts beneath the UPRR and 1-10. These culverts only have the capacity to convey a fraction of the flow that accumulates along the north side of the UPRR. The 100 -year discharge at CP -2 is estimated to be between 178 cfs and 1355 cfs, which is the estimated range of flows (per the Town of Marana Master Drainage Study) passing through the 1-10/ UPRR culverts between Avra Valley Road and Tangerine Road. d. On -Site Hydrology (1) 100 Year Floodplains with Discharges Greater Than or Equal to 50 cfs There are sheet flows across the agricultural land east to west and parallel to the south side of Tangerine Road. This road as well as the irrigation canals on the project site control the movement of stormwater. There is a low point in Tangerine Road where stormwater passes across the road surface in a northwesterly direction. This location is at the northwest property corner (CP -3) as identified on Exhibit II.C.2.b: Onsite Hydrology. The existing condition on-site 100 -year discharge at this location was estimate to be 237 cfs. Some of the storm water draining from the 1-10 Frontage Road may also reach this concentration point. The amount is unknown because the flow patterns are very dispersed Tangerine Commerce Park Specific Plan Marana, Arizona 18 Development Capability Report and a significant amount of the stormwater is stored behind elevated irrigation canals, berms around the existing Cemex Facility and by the Arizona Portland Cement Plant, which is located south east of the project. (2) Areas of Sheet Flooding and Average Depth Sheet flooding covers most of the project at depths ranging from 0.25 to 0.5 feet. The greatest depths are located along the south side of Tangerine Road where on-site stormwater as well as off- site water drains to CP -3. The existing irrigation canals on the site also store storm water on the farmland areas at depths of 0.5 feet or less. (3) Federally Mapped Floodways and Floodplains The project site is located within a FEMA Flood Zone x, with the exception of the portion behind the levee, which is in FEMA Flood Zone AE. (See Exhibit II.C.2: FEMA Flood Insurance Rate Map.) This corridor will be dedicated to Pima county Flood Control District upon approval of the specific Plan. Pima County has completed the amendment of the FEMA Floodplain maps to remove the project site from the Santa Cruz River floodplain. (4)100 -Year Peak Discharges Exceeding 50 cfs The peak discharge rates for all offsite concentration points having a 100 -year event flow greater than 50 cfs are discussed above and are delineated on Exhibit II.C. 2.a: Off-site Watersheds. e. Existing Drainage Conditions along Downstream Property Boundary Most of the storm water emanating from the Tortolita Mountain Foothills remains on the north side of the UPRR. A limited amount of flow passes through the UPRR culverts and 1-10 culverts along reaches southeast of the project site. Storm water emanating from these culverts drains toward the project site along the Frontage Road alignment to CP -2. Peak flow attenuation is expected to be significant since the 1-10 culverts are located roughly one mile away from the project, storm water must reach the site via shallow overland flow and significant surface storage occurs along the way. Tangerine Commerce Park Specific Plan Marana, Arizona 19 L 0 m U N U a i O Q ry _> Q m U -&-i N CL 0 a t a ry lL '0 } U1 0 U C � f/j ❑ t Co i� as > d a ❑ -0 � c� U " Q, 2,3>� 0 AGRICULTURE r Legend ........ LeVee -------- CAP Canal ROW ■ s ■ ■owism Project Site Source: CMG Drainage, December 2004. Development Capability Report 1 EXHIBIT II. C. 2. b: Onsite Hydrology FMW� CMG DRAINAGE(:D THE PLANNING �111 ENGINEERING, INC. CENTER 110S. CHURCH AVE.. SURE &320 TIl(SDN, AZ 95701 (530) 823-8148 T 7W 15M, ,v,G1G1,G, l 11Lwl1G 22 Quo,=178Gfs i i s f— f I • , �a t� - r -RE8011R17E Q EXTRAMN •., 1 CP -2 ti Qn=1355cis� �4 i a RAISER IRRIOATION CFM NEL iavy wI f � _ I I I I i I ■ I AGRIGILTUFE I I ° � 1 FMW� CMG DRAINAGE(:D THE PLANNING �111 ENGINEERING, INC. CENTER 110S. CHURCH AVE.. SURE &320 TIl(SDN, AZ 95701 (530) 823-8148 T 7W 15M, ,v,G1G1,G, l 11Lwl1G 22 Development Capability Report 3. Vegetation and Wildlife Habitats This portion of the Tangerine Commerce Park Specific Plan identifies vegetative communities and wildlife habitats within the site. a. Vegetative Communities The site has almost no natural vegetative communities. Most of the site has been cleared for cotton cultivation, other agricultural activities, and resource extraction activities (see figure 1 below). The only natural vegetation occurs in association with the Santa Cruz River. This natural vegetation includes some deciduous riparian woodland vegetative communities and riparian areas. Additionally, according to Pima County's Conservation Land System, the corridor is riparian and contains aquatic and riparian -based ecosystems. This list of species includes grasslands, desert scrub, caves, adits and talus slopes that serve as unique habitat niches and potentially support a variety of species. FIGURE 1: On-site agricultural fields and extraction areas. (1) Significant Cacti and Groups of Trees and Federally -Listed Threatened or Endangered Species: There are no significant cacti, groups of trees or federally -listed threatened and endangered species located on the site. Tangerine Commerce Park Specific Plan Marana, Arizona 23 Development Capability Report (2). Vegetation Densities: When applicable, onsite vegetation densities are measured using aerial photographs and verified during field inventories. Vegetation canopy coverage for shrubs and trees is calculated using aerial photographs. Densities are calculated as vegetative canopy coverage over delineated areas. Perennial grasses, agricultural fields and ground covers are not included in density calculations. The entire site has been cleared over time for agriculture, resource extraction and associated activities. The site has been used for row crop cultivars such as Pima cotton, plant site location, material storage, or for resource extraction and associated activities. The only naturally -occurring vegetation on the site is within the Santa Cruz River Corridor and is outside of the areas proposed for development. The portion of the Corridor that is sited in designated floodway will be dedicated to the Pima County Flood Control District. The natural vegetation may include desert broom, grasslands, desert scrub, mesquite, blue palo verde, desert willow, and other upland palo verde mixed scrub species. b. Wildlife Habitat With the exception of a small portion of the site located within the Santa Cruz River Corridor, most of the site has been previously disturbed by agriculture and resource extraction activities. There are no wildlife habitats within disturbed portions of the site. (1). Threatened or Endangered Species: According to the Arizona Game and Fish Department Letter there are three special status species within three miles of the subject property: the cactus ferruginous pygmy owl, the thornber fishhook cactus and the yellow -nosed cotton rat. Additionally the site is within the vicinity of proposed Critical Habitat for the cactus ferruginous pygmy -owl. (See Exhibit II.C.3: Arizona Game and Fish Department letter). (2). High Densities of a Given Species: There may be high densities of any given species within the subject property that is within the Santa Cruz River. (3). Aquatic or Riparian Ecosystems: The riparian areas located on the project site are in association with the Santa Cruz River Corridor to be dedicated to Pima County Flood Control District. The aquatic and riparian ecosystems of the corridor serve as the primary water source for the surrounding area's wildlife species. There are no riparian Tangerine Commerce Park Specific Plan Marana, Arizona 24 Development Capability Report areas within the disturbed areas of the site proposed for development. (4) Burrowing Owl: Although the burrowing owl is not listed as an endangered or as a threatened species by the State of Arizona Game and Fish Department, the Town of Marana is considering the burrowing owl as a sensitive species to be addressed under the Town of Marana Habitat Conservation Plan. These owls are known to occur in and around the agricultural fields in the Town, especially along the Santa Cruz River. The burrowing owl is a very visible species. Grading crews will watch for these birds, which can be spotted by standing on the ground, particularly along the perimeter of agricultural fields. Arizona Game and Fish Department will be contacted for the removal and relocation of these birds to established release areas if spotted within the property boundary. Tangerine Commerce Park Specific Plan Marana, Arizona 25 Development Capability Report EXHIBIT II. C.3: Arizona Game and Fish Department Letter EfiV:3 THE STATE OF ARIZONA G°°ERNOR .1ANET NAPDLITANO A � COMMISSIONERS MAR ©fid GAME AND FISH DEPARTMENT CHAIRMAN SUSAN E.CHILTON,ARWACA W. HAYS GILMAP, PHOENIX r JOE MELTON, YUMA 2221 WEST GREENWAY ROAD, PHomx, AZ 85023-+399 MICHAELM. GOUGHnY, FLACSTAt ` JOECARTER,SAFFORO C502) 9�2.3i1oo AZGFD.COM DIREcrOk r + DUANEL.SRROUFE DEPSTTY DIkECTOR STEVEK. FERRELL March 17, 2004 Ms. Kelly Decker The Planning Center 110 S. Church Suite 6320 Tucson, AZ 85701 Re: Special Status Species Information for Township 12 South, Range 11 East Section I and Township 12 South, Range 12 East Section 6; Proposed Development of Tangerine Road at Intersection of Frontage Road. Dear Ms. Decker: The Arizona Came and Fish Department (Department) has reviewed your request, dated March 11, 2004, regarding special status species information associated with the above -referenced project area. The Department's Heritage Data Management System (HRMS) 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 occurs in the vicinity of Proposed Critical Habitat for cactus ferruginous pygrM-owl. 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. Malang available this information does not, substitute for the•...D.epartment'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 Tangerine Commerce Park Specific Plan Marana, Arizona 26 Development Capability Report EXHIBIT II. C.3: Arizona Game and Fish Department Letter Ms. Kelly Decker March 17, 2004 2 If you have any questions regarding this letter, please contact me at (602) 789-3619. General status information, county and watershed distribution lists and abstracts for some special status species are also available on our web site at h":/lwwA,.azgfd.com/hdms, Sincerely, Ginger L. Ritter Heritage Data Management System, Data Specialist SSS:glr Attachment cc: Bob Broscheid, Project Evaluation Program Supervisor Joan Scott, Habitat Program Manager, Region V AGED #03-1.4-04 (07) Special Status Species within 3 Miles of T1 2S, R11E Sec. 1 and T1 2S, R1 2E Sec. 6 NAME COMMON NAME ESA BLM USFS WSCA NPI. In vicinity of Proposed Critical Habitat for cactus ferruginous pygmy -owl. AGFD # 03-14-04{07}, Proposed DevelopmentofTangerine Road at intersection of Frontage Road. Arizona Game and Fish Department, Heritage Data Management System, March 17, 2004. Tangerine Commerce Park Specific Plan Marana, Arizona 27 Development Capability Report EXHIBIT II. C.3: Arizona Game and Fish Department Letter STATUS DEFINITIONS ARIZONA GAME AND FISH DEPARTMENT (AGFD) HERITAGE DATA MANAGEMENT SYSTEM (IID}IS) FEDERAL US STATUS ESA Endangered Species Act (1973 as amended) US Department of Interior, Fish and Wildlife Service (http://arizonaes.f%k-s.gov) Listed LE Listed Endangered: imminent jeopardy of extinction. LT Listed Threatened: imnvnent jeopardy of becoming Endangered. XN Experimental Nonessential population. Proposed for Listing PE Proposed Endangered. PT Proposed Threatened. Candidate (Notice of Review: 1999) 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. 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 US Fish and Wildlife Service, but neither term has official status (currently all former C2 species). Critical Habitat (check with state or regional USFWS office for location details) X Yes: Critical Habitat has been designated. P Proposed: Critical Habitat has been proposed. [ 1N No Status: certain populations of this taxon do not have designated status (check with state or regional USFWS office fox details about which populations have designated status)]. USFS US Forest Service (1999 Animals, 1999 Plants: corrected 2000) US Department of Agriculture, Forest Service, Region 3 (http://www.fs.fed.us/r3!) Sensitive: those taxa occurring on National Forests in Arizona which are considered sensitive by the Regional Forester. BLM US Bureau of Land Management (2000 Animals, 2000 Plants) US Department of Interior, Bureau of Land Management, Arizona State Office (http://azwww.az.blin.gov Sensitive: those taxa occurring on BLM Field Office Lands in Arizona which are considered sensitive by the Arizona State Office. Population: only those populations of Banded Gila monster (Helodernia suspecrum clnceum) that occur north and west of the Colorado River, are considered sensitive by the Arizona State Office. Tangerine Commerce Park Specific Plan Marana, Arizona 28 Development Capability Report EXHIBIT II. C.3: Arizona Game and Fish Department Letter Status Definitions 3 AGFD, HDMS STATE STATUS NPL Arizona Native Plant Law (1999) Arizona Department of Agriculture (htt:/) LRriculture state az.us/PSD/nativeplants.litm HS Highly Safeguarded: no collection allowed. SR Salvage Restricted: collection only with permit. ER Export Restricted: transport out of State prohibited. SA Salvage Assessed: permits required to remove Live trees. HR Harvest Restricted: permits required to remove plant by-products. WSCA Wildlife of Special Concern in Arizona (1996 in prep) Arizona Game and Fish Department htt ://www.az fd.com WC 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 of Special Concern in Arizona (WSCA, in prep). Species indicated on printouts as WC are currently the same as those in Threatened Native Wildlife in Arizona (1988). RevisLd 1013101, AGFD HDMS 1:1HDMSNDOCUMENr, B00KS)TPMYLATEIEORDEFS4STATDEF The Mexican Federal Endangered Species List contains taxa with status from the entire Mexican Republic and waters under its jurisdiction. in this notebook we provide MEX designations for only those taxa occurring in Arizona and also in Mexico. P En Peligro de Extinci6n(Determined Endangered in Mexico): in danger of extinction. A Amenazada (Determined Threatened in Mexico): could become endangered if factors causing habitat deterioration or population decline continue. Pr Sujeta a ProteeciBnEspecial(Determined Subject to Special Protection in Mexico}: utilization limited due to reduced populations, restricted distribution, or to favor recovery and conservation of the taxon or associated taxa. E Probablemente ext!Dta en el medio silvestre (Probably extinct in the wild of Mexico): A native species whose individuals in the wild have disappeared, based on pertinent documentation and studies that prove it. The only existing individuals of the species are in captivity or outside the Mexican territory. [ = One or more subspecies of this species has status in Mexico, but the HDMS does not track it at the subspecies level (most of these subspecies are endemic to Mexico). Please consult the NORMA Oficial Mexicana PROY-NOM-059-SCOL-2000 for details.] Tangerine Commerce Park Specific Plan Marana, Arizona 29 Development Capability Report 4. Geology and Soils This portion of the Development Capability Report identifies geologic features and soil associations within the site. a. Geologic Features The project site is flat without topographic or geologic features. There are no peaks or rock outcrops within the site. b. Soils The site contains primarily sandy soils rich in sand and gravel. On- site soils are compatible with resource extraction activities and commercial development. Exhibit II.C.4 shows soils within the project area based on Pima County Land Information System (PCLIS). Soils described in this map are based on best available soil data from the U.S.G.S. Soil Conservation Service. U.S.G.S soil mapping and descriptions predate site disturbances such as agricultural and/or resource extraction uses. Those portions of the site outside of resource extraction, plant site and storage areas have been utilized for cotton cultivars for a number of years. These disturbances have impacted the soils described in Exhibit II.C.4. Currently, with the exception of a small portion of land adjacent to the Santa Cruz River Corridor, the primary subsurface soil horizon outside of resource extraction and plant and storage areas within the Tangerine Commerce Park Specific Plan Area is the Vinton -Anthony Sandy Loam. Current on-site soil characteristics include: (1) Aqua Very Fine Sandy Loam [Agl: The agua is an alluvial horizon that has formed under cultivation and contains significant amounts of alluvial silt, clay, and humus. The soil has coarse -loamy over sandy or sandy -skeletal, mixed (calcareous). Agua soils are deep and well drained. Typically, they have light brownish gray surface and subsurface layers, about 76 cm (30 in) thick, over stratified sand and gravelly sand to more than 150 cm (60 in). They occur on floodplains with slopes of 0 percent to 2 percent. They have moderate available water capacity. The permeability is moderate in the upper part and rapid in the lower part. They are moderately alkaline and calcareous throughout. Runoff is slow and the hazard of erosion is slight to moderate. They may be subject to piping along entrenched streams. The series was established in Maricopa County in 1969. (2) Anthony Loam [Aol: Anthony Loam is coarse -loamy, mixed (calcareous), thermic (Alluvial). Anthony soils are deep and well drained. They have a brown sandy loam or gravelly sandy loam surface layer about Tangerine Commerce Park Specific Plan Marana, Arizona 30 Development Capability Report 25 cm (10 in) thick over stratified pale brown and brown fine sandy loam, sandy loam and gravelly sandy loam to more than 150 cm (60 in). Anthony soils are on floodplains and alluvial fans with slopes of 0 to 3 percent. They have moderate available water capacity and moderately rapid permeability. They are moderately alkaline and slightly calcareous throughout. Runoff is slow and the hazard of erosion is moderate. The series was established in the Mesilla Valley, New Mexico, in 1912. (3) Brazito Loamy Sand [Brl and Brazito Sandy Loam (Bt): Brazito soils are deep and well drained. Typically, they have a grayish brown sandy clay loam surface layer about 23 cm (9 in) thick. The underlying material to a depth of 150 cm (60 in) is light brownish gray or light gray sand and fine sand. Brazito soils occur on floodplains and alluvial fans with slopes of 0 to 3 percent. These soils have very low available water capacity and rapid permeability. They are moderately alkaline and calcareous throughout the profile. Runoff is slow and the hazard of erosion is moderate to high. The series was established in Dona Ana County, New Mexico, in 1912. (4) Gila Loam (GbA): Gila is a coarse -loamy, mixed (calcareous), thermic (Alluvial). Gila soils are deep and well drained. Typically, they have a grayish brown loam surface layer about 15 cm (6 in) thick. The underlying material to a depth of 165 cm (66 in) is brown loam, silt loam and gravelly sandy loam. Gila soils occur on nearly level to gently sloping floodplains and low alluvial fans with slopes of 0 to 2 percent. These soils have high available water capacity and moderate permeability. They are moderately alkaline and calcareous throughout the profile. Runoff is slow and the hazard of erosion is moderate. The series was established in the Salt River Valley in 1900 and the name was taken from Gila County. (5) Grabe Silty Clay Loam (Gml Grabe soils are deep and well drained. Typically, they have grayish brown loam surface layers about 40 cm (16 in) thick over grayish brown stratified loam and very fine sandy loam substrata to more than 150 cm (60 in). Grabe soils occur on broad floodplains and alluvial fans with slopes of 0 to 2 percent. These soils have high available water capacity and moderate permeability. They are moderately alkaline and contain small amounts of lime throughout the profile. Runoff is slow and the hazard of erosion is slight. The series was established in Santa Cruz County in 1971. Tangerine Commerce Park Specific Plan Marana, Arizona 31 Development Capability Report (6) RiverWash [Rul Barren, usually coarse-textured, alluvial soil in and along waterways, exposed at low water levels and subject to shifting during flood periods. (7) Vinton -Anthony Sandy Loams [Vul Vinton is a sandy, mixed, and thermic (Alluvial). Vinton soils are deep and well drained. They typically have brown loamy sand surface layers 15 to 40 cm (6 to 16 in) thick and yellowish brown loamy sand or loamy fine sand subsurface layers to 150 cm (60 in) or more. Vinton soils occur on floodplains with slopes of 0 to 2 percent. These soils have low available water capacity and rapid permeability. They are moderately alkaline and calcareous throughout. They have slow runoff and a low water erosion hazard, but they are subject to wind erosion. The series was established in New Mexico in 1940. Tangerine Commerce Park Specific Plan Marana, Arizona 32 Development Capability Report EXHIBIT II. C. 4: Soils Now These Boils mapped by U.S,G.S. Soy Conservatim Services predate site disSrixtiance& (See SOCtian ii.C.: Galva) fWNTHE Lepnd PLANNING �Y Y ) Gm (Grebe Silty Clay Loam) CENTER 0 Ag (Ague V Fine Sand Loam '�. • � +*��r C Ao (Anthony Loam) 0 Ru (RiverWash) FOW 0 Br (Brazito Loamy Sand) 0 Vu (Vinton -Anthony Sandy Loams) C' Bt (Brazito Sandy Loam) Levee r GbA (Gila Loam) Cap Line Swce: Pima Ca mtyLand Infa rnarion Systems, 2004• Based on V. S.G.S. Soil Conservation SeMcas Data.. Tangerine Commerce Park Specific Plan Marana, Arizona 33 Development Capability Report 5. Archaeological and Historical Resources This portion of the Development Capability Report identifies archaeological and historical resources within the site. Such resources comprise both cultural artifacts and non -cultural remains (paleontological evidence) and include archaeological and historical components. The site as been disturbed, altered, leveled and re -leveled for resource extraction activities, building activities and agricultural activities. The Arizona State Museum has been consulted. Results are included in the Arizona State Museum Letter provided as Exhibit II.C.5. a. Arizona State Museum Letter According to an Archaeological Records Check by ARS in 2001, archaeological site AZ AA: 12:881(ASM) was discovered. ARS recommended that this site be avoided. Also areas to the south and west of the 2001 project area have not been surveyed and an area noted as "wheat field" has also not been surveyed. The Arizona State Museum recommends archaeological surface inspection of these unsurveyed areas to determine if unreported prehistoric or historic site are present. b. Cultural Resources Results As a result of the surveys done by Archaeological Research Services, Inc. (ARS) and Archaeological Consulting Services (ACS) the entire project site has been surveyed for prehistoric or historic sites. One archaeological site has been discovered. The Arizona State Museum recorded AZ AA:12:881 (ASM) in 2001 and relocated the archaeological site at a later date to determine an avoidance area within the NE1/4 of Section 1, Township 12 South, Range 11 East A 100 -ft buffer around the site boundary of AZ AA:12:881 (ASM) was delineated to ensure the site would not be impacted by future development or mining operations. The site may be fenced off along the newly delineated 100 -ft buffer or further archaeological testing will be conducted to assess site eligibility, and establish appropriate mitigation requirements. The unsurveyed areas referred to as "wheat fields" from the Arizona State Museum Letter have been surveyed and a total of 2 isolated occurrences were identified. The isolated occurrences do not meet the necessary criteria for designation as sites and they are not considered eligible or potentially eligible for inclusion on the NRHP. No further study of the 1O's is necessary, and they need not be avoided by ground disturbing activities. (See Cultural Resources Survey of Approximately 322 Acres of Private Land for Cemex USA in Tangerine Commerce Park Specific Plan Marana, Arizona 34 Development Capability Report Marana, Pima County, Arizona Resources Survey for the Cemex Marana, Pima County, Arizona.) 6. Viewsheds and Addendum to a Cultural USA Rillito Apex Plan Expansion, This portion of the Development Capability report identifies viewsheds onto and across the site and areas of high visibility from adjacent off-site locations. a. Viewsheds Onto and Across the Site Views onto the site from adjacent areas include views from the Santa Cruz River Corridor. Views onto adjacent areas include views of the Santa Cruz River Corridor. Exhibit II.C.6.a: Views Across Site indicates the locations of photos taken around the site. Site photos corresponding to that exhibit are also included. b. Areas of High Visibility from Adjacent Off -Site Locations The storage silos on the eastern portion of the site are the only visible structures from adjacent off-site areas. These structures measure from 55 feet to 60 feet in height and are visible from the property boundaries, the Santa Cruz River and Interstate 10. Other areas of high visibility exist along the Tangerine Road alignment and from the 1-10 interstate frontage road. Additionally, the land uses on the eastern portion of the site, which contain resource extraction operations and plant site/storage are sufficiently developed to avoid viewshed obstruction. The plant sites are built at sub ground level to aid in visual and noise screening and the buffer zone area along the eastern and northern boundaries mitigate view shed impacts. The remainder of the site is used for agricultural purposes, which are slightly visible from all adjacent off-site areas. The agricultural areas directly adjacent to the Santa Cruz River are highly visible from the Santa Cruz. Also, the area of floodway south of the levee, as mentioned before other sections of the site analysis section, will be dedicated to Pima County in conjunction with a portion of the Santa Cruz River, north of the levee, that will be dedicated to the Town of Marana for use as a linear park. Areas of Resource Extraction within the subject property are not visible from the Santa Cruz River. There is low visibility to the land uses adjacent to the site on the west, north and east from the subject property. The residential mobile homes that border the site to the east are buffered with high density vegetation along the backyards of the mobile home sites. The mobile homes are a part of a subdivision, known as Rillito Vista. Located south of Rillito Vista is a sand and gravel operation, known as Arizona Tangerine Commerce Park Specific Plan Marana, Arizona 35 Development Capability Report Portland Cement. Arizona Portland Cement, has a couple of large silos that are visible from the southeastern boundary. . Located southwest of the subject property and westerly of Arizona Portland Cement is New West (Vulcan) Materials, which is a sand and gravel operation. Adjacent to the western property boundary is also a sand and gravel operation, owned by Granite Construction. Granite has screened its operation with the construction of berms, landscaping and fencing. The paintball operation, located to the west of Granite Construction is not visible from the subject property. See Exhibit II.C.6.b: Areas of High Visibility. Tangerine Commerce Park Specific Plan Marana, Arizona 36 ArL-Wla SLAle M115e.,,,, P.O. Bos 210025 -1 uusun. AZ 193721-0026 �-)?07 621-0302 FAX (520) 671-2476 March 17, 2004 Kelly Decker, Planner The Planning Center 110 South Church St. Tucson, Arizona 85701 Development Capability Report EXHIBIT Il. C. 5: Arizona State Museum Letter THE t1NIV/ERWY OF AruzoNA,: TUCSON ARIZONA +loan 7, z. 8W4 Re: Archaeological Records Check related to Specific Plan of approximately 494 acres south of Tangerine Road at intersection of Frontage Road and west of 1-10. Project No: BAC -0 1, located in a portion of the N VJ of S1, TI 2S, R1 I E and the W % of S6, T12S R12E, Salt and Gila River Baseline and Meridian. Dear Kelly: On March 11, 2004, you recluested an archaeological records check related to the above -referenced property. I have consulted our records with the following results. Much of the property was inspected by AAS in 2001 in relation to the Cemex "Apex plant." I have enclosed a map from the survey report that shows the project area and areas within it which could not be surveyed at that time. During that survey, archaeological site AZ AA:12:881(ASM) was discovered. ARS recommended that this site be avoided, and if avoidance was not possible, that a testing program be initiated to evaluate the site for National Register of Historic Places (NRITP) eligibility. The areas to the south and west of the 2001 project area have not been surveyed, and the area noted on the enclosed map as in the "wheat field" has also not been surveyed. The ASM therefore is recommending archaeological surface inspection of these unsurveyed areas to determine if unreported prehistoric or historic sites are present. In addition, if any ground disturbance is planned for the vicinity of site AZ AA:12:881(ASM), whose boundaries have not been established, a testing plan should be initiated as recommended by ARS. A list of archaeological contractors is available on our website at: http://www.statemuseum.arizona-edu/profsves/permits/permittees. asp If you have trouble accessing this list, please contact me and I will fax or mail a copy to you. 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. The archaeologist you select should prepare your report using the standards titled: Standards For Conducting and Reporting Cultural Resource Surveys. Most contractors in Arizona have a copy of these standards. You are responsible for providing the report to the appropriate office requiring the inspection, When surface inspections are required on private lands under city or county ordinance 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 sbenaron(a)email . arizon a-edu en[1 Tangerine Commerce Park Specific Plan Marana, Arizona 37 Development Capability Report EXHIBIT //.C.6.a: Views Across the Site Note: Numbers correspond to photos provided in C. Site Photos. NORTM THE Ld � PLANNING Cap Line CENTER M M M Levee l Floodway to be dedicated to Pima County 2000 Feet Specific Plan Boundary Date:. 3-2.44 Pr*d td: RAC -01 Source' Puna County Land Information Systems, 2084. filena e: PrgaMsibao-011gis Landis= Aerial Imagery, 2003. Site Visits, 2004. Town of Marana GIS Department. Tangerine Commerce Park Specific Plan Marana, Arizona 38 Development Capability Report EXHIBIT ll. C. 6. b: Areas of High Visibility Legend Cap Line _ Levee High Visibility Santa Cruz Rivel Floodway to be dedicated to Pima County Q Specific Plan Boundary Source' Pima County Land Information Systems, 2004 and Town of Marana GIS Dept. Tangerine Commerce Park Specific Plan Marana, Arizona 39 eLn THE TPLANNING CENTER 0 1500 Feet Date: 11-404 Project ID: Ba"1 filename: Prgectsfbac-011gis Development Capability Report Site Photos: Photo 1: Looking west along northern property boundary along Tangerine Road at corner of Tangerine Road and Frontage Road, showing irrigation canal, cotton fields, and property north of Tangerine Farms Road. Photo 2: Looking north off-site onto Frontage Road, irrigation canal, and 1-10 from the northeastern corner of the property at the intersection of Tangerine Road and Frontage Road. Tangerine Commerce Park Specific Plan Marana, Arizona 40 Development Capability Report Photo 3: Looking southeast across the site along the property's northeastern boundary parallel to the Frontage Road from the intersection of Frontage Road and Tangerine Road, showing cotton fields and Arizona Portland Cement facilities. Photo 4: Looking north off-site into adjacent properties located north of Tangerine Road from the site's northern boundary, showing adjacent property's cotton fields. Tangerine Commerce Park Specific Plan Marana, Arizona 41 Development Capability Report Photo 5: Looking east from the northwest corner of the property along Tangerine Road, showing irrigation canal and mountain views. Photo 6: Looking southeast across the site from the northwest corner of the property, showing harvested cotton fields and distant mountain views. � �T'� H-- .+ a •_ - Y b 1 Tangerine Commerce Park Specific Plan Marana, Arizona 42 Development Capability Report Photo 7: Looking west off-site into adjacent property from the northwestern corner of the site at the intersection of Tangerine Farms Road with property service road along western property boundary. Photo 8: Looking south along property's west boundary from the intersection of Tangerine Road and property service road along western property boundary, showing on-site harvested cotton field to the left, adjacent sand and gravel property to the right, and distant mountain views. Tangerine Commerce Park Specific Plan Marana, Arizona 43 Development Capability Report Photo 9: Looking east across site from the western property boundary along the service road, showing on-site harvested cotton fields, resource excavation and plant site, and cotton fields at the distance. Photo 10: Looking west off-site into adjacent property from the service road along the western property boundary Tangerine Commerce Park Specific Plan Marana, Arizona 44 Development Capability Report Photo 11: Looking northeast across site from the property's southwestern corner at the intersection of service roads along western and southern property boundaries, showing harvested cotton fields. Photo 12: Looking south off-site into adjacent property from the southwestern corner of the site at the intersection of service roads, showing Santa Cruz River Corridor pedestrian multi-purpose trail in the distance. Tangerine Commerce Park Specific Plan Marana, Arizona 45 Development Capability Report Photo 13: Looking off-site into adjacent property from the southwestern corner of the site at the intersection of service roads. Photo 14: Looking west off-site from the Santa Cruz River Corridor pedestrian trail. Tangerine Commerce Park Specific Plan Marana, Arizona 46 Development Capability Report Photo 15: Looking east off-site from the Santa Cruz River Corridor pedestrian multipurpose trail. Photo 16: Looking east off-site from the Santa Cruz River Corridor trail, showing riparian habitats. Tangerine Commerce Park Specific Plan Marana, Arizona 47 Development Capability Report Photo 17: Looking southwest from the Santa Cruz River Corridor multipurpose trail located onto riparian areas. Photo 18: Looking southeast from the Santa Cruz River Corridor multipurpose trail onto riparian areas. ti.�.'�l'iii�..r� Fs•.s I a.P *�I' f f Tangerine Commerce Park Specific Plan Marana, Arizona 48 a, ALAL mar Photo 18: Looking southeast from the Santa Cruz River Corridor multipurpose trail onto riparian areas. ti.�.'�l'iii�..r� Fs•.s I a.P *�I' f f Tangerine Commerce Park Specific Plan Marana, Arizona 48 Development Capability Report Photo 19: Looking southwest across site from the Frontage Road in the northeastern portion of the property along the Frontage Road, showing cotton fields. Photo 20: Looking southeast across site at the intersection of Calmat Drive and the Frontage Road, showing the Frontage Road entrance to the Cemex plant site and Arizona Portland Cement facilities. ry} Tangerine Commerce Park Specific Plan Marana, Arizona 49 Development Capability Report Photo 21: Looking south toward the Tucson Mountains from the southeast corner of site. Photo 22: Looking west toward the Santa Cruz River from the southeast corner of site. Tangerine Commerce Park Specific Plan Marana, Arizona 50 Development Capability Report Photo 23: Looking west toward Arizona Portland Cement facilities from the southeast corner of site. Photo 24: Looking northeast across the site from the southeast corner of site. Tangerine Commerce Park Specific Plan Marana, Arizona 51 Development Capability Report Photo 25: Looking north along the eastern boundary toward mobile homes and vegetative screening. Photo 26: Looking east from the eastern boundary toward mobile homes, existing homes and vegetative screening. Tangerine Commerce Park Specific Plan Marana, Arizona 52 Development Capability Report Photo 27: Looking east from the eastern boundary toward mobile homes, existing homes and vegetative screening Tangerine Commerce Park Specific Plan Marana, Arizona 53 Development Capability Report 7. McHarg Composite Map Information regarding topography, hydrology, vegetation, wildlife, and views has been combined to form the McHarg Composite map displayed as Exhibit II.C.7. Tangerine Commerce Park Specific Plan Marana, Arizona 54 f+4n1MnL4�nsj. ` TANCERWNE ROAD Yu IViieln-/4�ony [2 ' Vu MnL01-MMaoY Seedy Lcem) G T� Development Capability Report EXHIBIT II.C.7: McHarg Composite '<--L Ao IArunmy Lzem9 Aip JAgwA Very Fine Sandy Lam i ` V -j tMiftin A. ilherry Sardy 2 FOOT CONTOUR INTERVALS THESITE IS WITHIN THE VIOINITY OF PROFOSED FVWYQM, HABITAT. THE MAJCRffY OF THE NATURAL VEGETATION COMMLR4MY OCCURS WrTMNN THE SANTA CM2 RIVEEFL THE SANTA. CRUZ RIVER CONTAINS RIPARIAN HABITAT S M WITHIN THE ARIZONA UPLAND SUMMEADI N OF SONORAN OESEFCr UB ty"�41 t�. LEGE] THE PLANNING Approximate location for Archaeology site (PZ AA 12ABI) CENTER nos QILn "C_ smn 6 H ig h VegetallionDons!ty& n0i0K+ZOEMFAs_i+i Flcodway to be dedicated to Pima County wv law High Visibility Levee Speclfic Plan Boundary Source-. Brum w & Caldwell Engineering & Town of Mer®ne GIS Oepa&rmmt. Tangerine Commerce Park Specific Plan Marana, Arizona 55 Development Capability Report 8. Existing Structures, Other Development, Land Use, Zoning, and Road Network This section of the Development Capability Report identifies: (a) existing structures on-site and off-site within a '/4 mile radius; (b) pending rezonings, conditional rezonings, and subdivision/development plans approved within '/4 mile of the project boundary; (c) land uses and zoning on-site; (d) land uses and zoning within a '/4 mile radius; and (e) existing road network serving the area and the project site. a. Existing Structures This portion of the Development Capability Report identifies on-site structures and provides an inventory of off-site structures within 1/4 mile of the Tangerine Commerce Park Specific Plan boundary. (1). Existing Structures On -Site: There are storage silos, and offices currently located within the resource extraction areas of the project site. The silos are approximately 55 to 60 feet in height and the offices are no larger than 10 feet in height. (2). Existing Structures within'/4 Mile of the Plan Boundary: Existing structures within'/4 mile of the Tangerine Commerce Park Specific Plan boundary include residential mobile homes, residential homes and a cement manufacturing plant south of the mobile homes along the eastern boundary of the property within the Rillito area. Along the eastern boundary, there is a resource extraction area and concrete batching plants. (3). Heights of Existing Buildings within '/4 Mile of the Plan Boundary: There are a few one story single-family residences (mobile homes & homes) located east of the eastern property boundary. Located within '/4 mile of the Plan Boundary, east of the eastern property boundary, there is a cement plant that includes office buildings and a plant site with the plant's stacks well in excess of two stories in height. Also located within a '/4 mile of the project boundary, west of the property's western boundary, there is a sand and gravel operation site, which contains a resource extraction processing plant and concrete batch plant equipment exceeding two stories. Tangerine Commerce Park Specific Plan Marana, Arizona 56 Development Capability Report Photo 1: Sand and gravel operations plant site located west of the property's western boundary within '/4 mile of the project site, showing height of equipment. Photo 2: Looking east from the eastern boundary toward mobile homes and existing homes along with vegetative screening. Tangerine Commerce Park Specific Plan Marana, Arizona 57 _ J Photo 2: Looking east from the eastern boundary toward mobile homes and existing homes along with vegetative screening. Tangerine Commerce Park Specific Plan Marana, Arizona 57 Development Capability Report Photo 3: Looking east from the eastern boundary toward mobile homes and existing homes along with vegetative screening. b. Other Development within'/4 Mile of the Project Boundary This portion of the Development Capability report identifies: (1) pending rezonings; (2) conditional rezonings; and (3) subdivision/development plans approved within '/4 mile of the project boundary. (1). Pending Rezonings within '/4 Mile of the Project Boundary: Gladden Farms II Specific Plan, north of the site is currently under review with the Town of Marana. The proposed rezoning is for 634 acres with residential and limited commercial development. (2). Conditional Rezonings: There are no pending conditional rezonings within '/4 mile of the project boundary. (3). Subdivision/Development Plans Approved: There are no pending subdivision plans or development plans within'/4 mile of the project boundary. Tangerine Commerce Park Specific Plan Marana, Arizona 58 Development Capability Report EXHIBIT II. C. 8.b: Other Development within % Mile There are no pending Master Plans or Specific Plans within 1/4 mile of the site. ^MTHE LegendPLANN ING CENTER Cap Line Santa Cruz River i l Levee Floodway to be dedicated to 0 2000 Feet Pima County _., +Gllapd�-d��e��nppFaa'rrnms II Specific Plan Site Daft: 8-12-D4 source' Pana OAWN&nPJQion Systems, 2044. filen Pgojecw3ac-ollgis Tangerine Commerce Park Specific Plan Marana, Arizona 59 Development Capability Report c. Existing Land Use and Zoning On -Site (1). Existing Land Uses On -Site: The property currently includes agriculture, resource extraction and floodway. Exhibit II.C.8.c (1) shows existing land uses on- site. See table below for estimated acreages. Existing Land Use Approximate Acreage Agricultural 381.5 ac Resource Extraction 100 ac Floodway 12.5 ac (2). Permitted Uses within the approved Calmat Specific Plan Area: Exhibit 11.8.c (2) shows phase one of currently permitted uses within the Calmat Specific Plan. The previously approved Calmat Specific Plan included the following land uses: (a). Resource Extraction This land use is intended for active resource extraction (rock, sand, and gravel), which occurs to varying depths across the site. This use is permitted during the Calmat Specific Plan during the initial and transitional phases of development. (b). Agriculture This land use is intended as a holding zone in the Calmat Specific Plan. (c). Construction Support Zone This land use is intended for construction storage yards for contractors. Types of materials to be stored shall include piping; steel fabricated beams, lumber, bricks, and similar construction materials. This land use is permitted during all phases of development within the Calmat Specific Plan. Tangerine Commerce Park Specific Plan Marana, Arizona 60 Development Capability Report (d). Concrete Manufactured Related Products This land use includes approximately 15 acres of concrete related product manufacturing, as well as storage area for such products. This land use is permitted during all phases of development in the Calmat Specific Plan. (e). Plant Site/Storage This land use includes a required 40 -acre parcel to provide support, equipment facilities and processing for the resource extraction operations. The plant site uses include processing, storage, stockpiling, ready mix concrete batching, asphalt production and overburden storage. This land use is permitted during all phases of development. (f). Light Industrial This land use is intended to accommodate industries involved in research and development, testing activities, development laboratories, light manufacturing and complementary uses such as administrative and accessory facilities necessary to serve employees. Parcels within this land use type will be of varying sizes to accommodate both single and multi -tenant users. This land use is permitted during all phases of development in the Calmat Specific Plan. (g). Industrial This land use is intended to accommodate industries involved in manufacturing, distribution, warehousing, research/development laboratories and complementary uses such as administrative and accessory facilities necessary to serve employees. This land use is permitted during all phases of development in the Calmat Specific Plan. (h). Business Park This land use is intended to accommodate a wide range of contemporary industrial/commercial businesses including high performance manufacturing and assembly, offices, mixed-use business, multi -tenant offices, laboratory, research and development facilities and supporting services such as financial and professional offices and restaurants. (i). Commercial Tangerine Commerce Park Specific Plan Marana, Arizona 61 Development Capability Report This land use is intended to accommodate the development of professional and administrative offices that compliment the commercial core. Principal uses include but are not limited to: professional, financial and business offices; specialized service commercial uses; hotel/motel; restaurants, retail and commercial; and recreation. This use is permitted during the transitional and ultimate phases of development in the Calmat Specific Plan. 0). Open Space/Buffer: This land use area is intended for development of a broad range of uses relating to site amenities. The buffer system is intended to serve dual purposes, to screen the extraction areas and provide transitional areas between land uses. These land uses permitted during the various phases of development in the Calmat Specific Plan. Tangerine Commerce Park Specific Plan Marana, Arizona 62 Development Capability Report EXHIBIT II.C.8.c (1): Existing Land Uses On -Site LegendI HE Levee PLANNING CENTER Cap Line Floodway to be dedicated to Pima County 0 1500 Feet Specific Plan Boundary 11-11-04 organ sa e.wot Source: Pima County Land Information Systems, 2004- Landiscor Aerial imagery, 2003 & Town of Marana GES Department. Tangerine Commerce Park Specific Plan Marana, Arizona 63 Development Capability Report EXHIBIT II. C. 8.c (2): Phase 1 of the Existing Calmat Specific Plan Tangerine Commerce Park Specific Plan Marana, Arizona 64 — - "fid THE ® Agriculture ® Santa Cruz River Linear Park PLANNING .• W CENTER RE Resource Extraction Cap Line .. Dade. 11-79-04 PSIS Plant Site/Storage Levee BaO� Project Bac-01 filename; Projed&baoUVgo CP Concrete Manufactured Fioodway to be dedicated to Pima County ❑ 1500 Related Product Specific Plan Boundary Source: Pima County Land information Systems, Calmat Specific Plan & Town of Marana GIS Departnwt. Tangerine Commerce Park Specific Plan Marana, Arizona 64 Development Capability Report (3). Existing Zoning On -Site: The entire site is a planned development by Calmat Corporation. The Calmat Specific Plan was adopted and approved September 15, 1987, Ordinance No. 87.17, and subsequently amended December 17, 1996, Marana Ordinance No. 96-49 (See Appendix D: Calmat Ordinance). The amended zoning changed the present resource extraction of approximately 95 acres and agricultural of approximately 30 acres to resource extraction of 93.7 acres and plant site/storage of approximately 31.3 acres The conditions states that the new Plant Site and Storage and the original land use layout shall roll back into their original Phase I layout by Phase 11 or within seven years, whichever occurs first. Exhibit II.C.8.c (3) shows the existing zoning on-site. d. Existing Land Use and Zoning Off -Site (1) Existing Land Use within'/4 Mile of the Project Boundary: The site is surrounded primarily by vacant lands. North: South: East: West: Vacant/Agriculture Vacant/Santa Cruz River Corridor Vacant/Residential/Commercial/Rillito Vista Park Sand and gravel operations site, paintball operations Exhibit II.C.8.d (1) shows existing land uses within'/4 mile of the project boundary. (2). Existing Zoning within '/4 Mile of the Project Boundary The existing zoning within'/4 mile of the site is provided as follows: North: Town of Marana Zone C (Large Lot Zone) South: Town of Marana Zone D (Designated Floodway Zone) Santa Cruz River Corridor East: Pima County SH (Suburban Homestead) Pima County CB -1 (Local Business) West: Town of Marana Zone C (Large Lot Zone) Tangerine Commerce Park Specific Plan Marana, Arizona 65 Development Capability Report Exhibit II.C.8.d (2) shows existing zoning within'/4 mile of the project boundary. Tangerine Commerce Park Specific Plan Marana, Arizona 66 Development Capability Report EXHIBIT II. C.B. c (3): Existing Zoning On -Site Neild TH E Cap Line Specific Plan Boundary PLANNING CENTER Levee MU TUCGO_N AZO6701 [5NiU 1e & Floodway to be dedicated to Pima County Date: 11-11-44 Santa Cruz River fliemme! Projectsfta>011& Scarce: Pima CountyLard Information %y barns, 2004 & Tana of Marano GIS Department, Tangerine Commerce Park Specific Plan Marana, Arizona 67 1500 Feet Development Capability Report EXHIBIT II. C. 8.d (1): Existing Land Uses within % Mile Legend�eVee PLANNING CENTER I Cap I_I ne 171 TLICrOK. H ss +sso. ssaaite Floodway to be dedicated to Pima County fl 2000 Feet Dere' 3-2-03 Specific Plan Boundary Pgen gat BAC -0, fl— Prj—t+r -014. Source: Pima county Land Information Systems, 2UO4. Landiscor Aerial Imagery, 2003 & Town of Marana GIS Department. Tangerine Commerce Park Specific Plan Marana, Arizona 68 Development Capability Report EXHIBIT ll. C.8. d (2): Existing Zoning within % Mile Legend THE Town of Marana Zoning Cap Line UNTE NG COUNTER Pima Count Zoning Levee r� " as.cauvcr avE. suTEurea County g TUMN AL 657Lt MOA23.8140 ... D) W 11-11-04 Ffoodway to be dedicated to Pima County •loP 1w• Specific Plan Boundary 0 2000 Feet Source: Pima Gounty Land Information Systems, 2004 & Town of Marana GIS Department Tangerine Commerce Park Specific Plan Marana, Arizona 69 Development Capability Report e. Traffic Circulation and Road Network This portion of the Development Capability Report identifies traffic circulation and existing road network currently serving the site. Existing and Proposed Off -Site Streets: The Town of Marana Master Transportation Plan and the Town of Marana General Plan identify improvements to the 1-10 Corridor. Interstate 10 interchange improvements (including new ramps and redesigned existing access). Frontage road traffic flow adjustments are also anticipated to enhance the Town's attraction as a focus for economic development along the 1-10 Corridor. In addition, options for the Pima County Association of Governments Master Transportation Plan (PAGMTP) place high priority on roadway projects in northern Pima County. Freeway interchange additions for Marana are also included in PAGMTP projects. The Tangerine Road Corridor realignment is identified in both the Master Transportation Plan and the General Plan. Modifications to existing interchanges as well as arterial widening for Tangerine Road and improvements for the proposed Tangerine Farms Road Loop are also identified as part of the Town of Marana's long range vision for planned roadway improvements. Major north - south traffic demand will be accommodated by improvements west of Interstate 10 to Tangerine Farms and Luckett Roads. ADOT's plan for the conversion of existing 2 -way frontage roads to one-way frontage roads will have traffic circulation implications for future industrial and office business parks and tourism uses within the I-10 Corridor. Existing roadways within the project area are shown on Exhibit II.C.8.e (1): Traffic Circulation and Existing Rights -Of -Ways, and on Table 6. (1). Existing Internal Circulation Currently, the Resource Extraction area is accessed via Calmat Drive, a roadway off of Interstate 10 frontage road, south of Tangerine Road. Calmat Drive provides access to the eastern portion of the site, currently used for resource extraction. The western half of the Tangerine Commerce Park, is used for agricultural purposes. This portion of the site has on site dirt roads for access to the fields that provide access to Benda Vista Road; a public road located along the south property boundary in between the previously owned Beard property and the subject Tangerine Commerce Park Specific Plan Marana, Arizona 70 Development Capability Report property. Benda Vista Road was constructed for the existing homesite south of the subject property (See Exhibit II.C.8.e (2): Internal Traffic Circulation). Tangerine Commerce Park Specific Plan Marana, Arizona 71 Development Capability Report EXHIBIT /I. C. 8.e (1): Traffic Circulation and Existing Rights -Of -Ways Legend -1 THE PLANNING CAP Line Santa Cruz River r CENTER M M M Levee>eeaot Floodway to be dedicated to Pima County Specific Plan Site U 1500 Feet Source: Pima County Land Information Systems, 2004 & °e' tf `-04 Project ID: Ba bac-Ol Town of Marana GIS Department. filename: Projectslbac-ollgls Tangerine Commerce Park Specific Plan Marana, Arizona 72 Levee Cap Line Flood way to be dedicated to Pima County Specific Plan Site Development Capability Report EXHIBIT II. C. 8.e (2): Internal Traffic Circulation Source: Pima County Land Information Systems, 2004 & Town of Marana GIS Dept. Tangerine Commerce Park Specific Plan Marana, Arizona 73 , • THE PLANNING CENTER iLC.^,�h.lr•2 �:i•]�F;52f162:-81 iJ 0 1500 Feet Date: 11-2-04 Project ID: Bao -D1 Development Capability Report The following is a description of roadways that abut the site. (a). Interstate 10: Interstate 10 is currently a 4 lane limited access facility providing access to the site via the Tangerine Interchange. The Town of Marana Master Transportation Plan and the Town of Marana General Plan identify improvements to the 1-10 Corridor. As stated before, Interstate 10 interchange improvements (including new ramps and redesigned existing access) as well as frontage road traffic flow adjustments are anticipated to enhance the Town's attraction as a focus for economic development along the 1-10 Corridor. (b). Tangerine Road: Tangerine Road is currently a two-lane roadway that extends from the 1-10 west frontage road east approximately 15 miles to connect to Oracle Road (State Route 77). The road is owned and maintained by Pima County, Marana, and Oro Valley. This road is designated Interstate/Expressway in the Town of Marana General Plan and is also designated a State Route for possible future jurisdiction by ADOT. Possible roadway improvements include widening Tangerine east of the freeway to a limited access corridor within a 300 -foot right-of-way. The Transportation Element of the Town of Marana General Plan forecasts a short portion of Tangerine Road immediately west of Interstate 10 as an 8 lane by 2025. The same source forecasts the balance of Tangerine west of the freeway and Tangerine Farms Road Loop, which traverses the Tangerine Commerce Park Specific Plan area, as a four -lane arterial by 2025. (c). Avra Valley Road: Avra Valley Road is currently a two-lane roadway that extends west of Interstate 10 to Trico Road and provides access to the Marana Northwest Regional Airport. Currently, Avra Valley Road does not provide access to the Tangerine Commerce Park nor is it contiguous to the site. The Transportation Element of the Town of Marana General Plan forecasts the portion of Avra Valley Road immediately west of Interstate 10 as a 6 lane by 2025. The same source forecasts Avra Valley Road, area, as a four -lane arterial by 2025. Tangerine Commerce Park Specific Plan Marana, Arizona 74 Development Capability Report (2). Existing Streets within One Mile of the Project Boundary: Table 1 shows all existing roadways within one mile of the project boundary. Information provided in Table 1 is based on: the Town of Marana Master Transportation Plan; the Town of Marana General Plan; Pima Association of Governments; the Arizona Department of Transportation; and Town of Marana staff. (3). Existing and Proposed Intersection within One Mile of the Project Boundary most Likelv to be Used by the Site: (a).Tangerine Road/Interstate 10 Interchange — Existing with proposed improvements (b). Frontage Road/Tangerine Road - Existing (c). Tangerine Road Corridor/Frontage Road — Proposed (d). Haul Road/Frontage Road — Existing (e). New Frontage Road Alignment/Frontage Road — Proposed (f). New Tangerine Road Corridor Alignment/New Frontage Road Alignment - Proposed (4). Existing Bicycle and Pedestrian Ways Adjacent to the Site: There are no existing bicycle lanes or sidewalks adjacent to the site. The Juan Bautista De Anza multipurpose trail is located along the Santa Cruz River Corridor south of the site. Tangerine Commerce Park Specific Plan Marana, Arizona 75 Development Capability Report TABLE 1: Existing Roadways Within One -Mile of the Project Area Street Tangerine Avra Valley Name Road Road I-10 Road 1-10 to From Santa Avra Valley to Segment Thornydale Cruz River to Tangerine 1-10 Road Functional Limited Access Classification Arterial Arterial Facility Median No No Yes Existing R.O.W. 50 feet 75 feet 380 feet Travel Lanes 2 2 4 Speed Limit 40-50 55 75 Recorded ADT 6,702 6,225 53,341 SourcelYear PAG PAG PAG ADT Recorded 2000 2000 2000 Theoretical 23,300 13,500 58,600 Capacity LOS C+ C+ D Bicycle lanes No No No Pedestrian Ways No No No Ownership Town of Marana/ Town of ADOT Pima County Marana Surface Paved Paved Paved Condition Program for Yes Yes Yes improvement Continuous No No Yes R.O.W. Source: Marana Transportation Plan Update 2001-2025 Adopted June 19, 2001— Resolution No. 2001-77 and Town of Marana staff. 9. Open Space, Recreation Opportunities, Parks and Trails The following documents have been consulted for the development of this portion of the Development Capability Report: Pima County Trail System Tangerine Commerce Park Specific Plan Marana, Arizona 76 Development Capability Report Master Plan; the Town of Marana Park, Trail, and Open Space System Master Plan, 2000; the Santa Cruz River Corridor Plan, 2001; the CAP Aqueduct Trail Plan; the Town of Marana Master Transportation Plan; the Northwest Marana Area Plan; and the Town of Marana General Plan. As suggested by these documents, an interconnected trail system is a primary goal of the Town of Marana, tying the major rivers to the Tucson and Tortolita Mountain ranges and to residential areas. The spine of the Marana trail system will be the Santa Cruz River Park, with regional trails provided along the CAP canal. These will accommodate alternate transportation modes and connect to other regional trails. As provided in the Town of Marana General Plan, to the greatest extent possible these recreational facilities should be considered integral elements of all new specific plan developments. According to the Town of Marana Park, Trail and Open Space System Master Plan, there are four existing or proposed trails within one mile of the site. Along the Santa Cruz River Corridor and the proposed linear park there is the Juan Bautista De Anza National Historical Trail. The CAP Aqueduct trails traverse portions of the site. The Avra Valley Road and the Wild Burro Wash trails are located within one mile of the project boundary. A description of these trails is provided in Table 2. Exhibit II.C.9.a shows existing and proposed open space, recreational facilities, parks, and trails on site and within one mile of the project boundary. Tangerine Commerce Park Specific Plan Marana, Arizona 77 Development Capability Report TABLE 2: Inventory of Candidate Trails within One Mile of the Project Boundary Source: Town of Marana Trail System Master Plan, 2000; and Pima County Land Information Systems Trail Type Code: P = Primary Trail, C = Connector Trail, L = Local Trail The Juan Bautista De Anza National Historic Trail follows the west bank of the Santa Cruz River corridor. This 220+ year-old trail commemorates the Anza Expedition of 1775-76, is one of 11 National Historic Trails in the U.S. and the only National Historic Trail in Arizona. 2 The Central Arizona (CAP) Alignment Trail is a utility corridor, right-of-way trail and planned long- distance trail corridor. This trail is planned to provide opportunities for disabled/foot/horse/mountain bike/road bike. It is anticipated that the CAP trail will extend approximately 39.3 miles, from Pinal County line to northern boundary of the Pascua Yaqui Reservation. Tangerine Commerce Park Specific Plan Marana, Arizona 78 CAP Candidate Santa Cruz River Avra Valley Aqueduct Wild Burro Trail Corridor' Road Trail Wash Trail Trail Map Trail # 8 Trail # 16 Trail # 3 Trail # 36 Code Trail P L P C Type Wash/ River No No Wash River Utility/Road No Yes Yes No R.O.W Linear Yes No No No Park Foot Yes Yes No Yes Horse Yes No No Yes Mountain Yes Yes No No Bike Road Yes Yes No No Bike Source: Town of Marana Trail System Master Plan, 2000; and Pima County Land Information Systems Trail Type Code: P = Primary Trail, C = Connector Trail, L = Local Trail The Juan Bautista De Anza National Historic Trail follows the west bank of the Santa Cruz River corridor. This 220+ year-old trail commemorates the Anza Expedition of 1775-76, is one of 11 National Historic Trails in the U.S. and the only National Historic Trail in Arizona. 2 The Central Arizona (CAP) Alignment Trail is a utility corridor, right-of-way trail and planned long- distance trail corridor. This trail is planned to provide opportunities for disabled/foot/horse/mountain bike/road bike. It is anticipated that the CAP trail will extend approximately 39.3 miles, from Pinal County line to northern boundary of the Pascua Yaqui Reservation. Tangerine Commerce Park Specific Plan Marana, Arizona 78 Development Capability Report EXHIBIT II.C_9_a Open Space, Recreational Opportunities, Parks and Trails LegendTHE PLANNING River Trail Flo dway to be dedicated to Pima County CENTER Wash Trail Park 6� — iFJCu0fd AZ 95701 [..+v� 823-8596 Road Trail Levee _ a saoa Fee Santa Cruz River Linear Park Cap Line Specific Plan Site Data: 11-11-34 Project ID: Bac-01 Source: Pima County Land Information Systems, 2004 & Town of Manana GIS Dept.. filename: ProjecWbac-011gis Tangerine Commerce Park Specific Plan Marana, Arizona 79 Development Capability Report 10. Existing Infrastructure and Public Services This portion of the Development Compatibility Report identifies existing infrastructure and public services within a one mile radius: (a) schools; (b) sewers; (c) fire services; (d) major transportation corridors; (e) public facilities; (f) water; (g) private utilities; (h) solid waste disposal; and (i) effluent use. a. Schools The proposed land uses for the Tangerine Commerce Park Specific Plan area include: resource extraction and associated uses; commerce park; open space and agriculture. Schools are proposed development. b. Sewers a linear park, buffer/overburden berm not anticipated to be affected by the A sewer extension will be necessary to serve the proposed land uses of Commerce Park. Tangerine Commerce Park can be provided with an offsite sewer to the west along the alignment of the proposed Tangerine Farms Road. Sewer for Tangerine Commerce Park is proposed to tie into the sewer to be constructed for the Gladden Farms II Development, which will connect into the trunk sewer in Moore Road. Projected flow calculations indicate a 10 -inch sewer on- site and a 12 -inch sewer off-site will be required for Tangerine Commerce Park. The 12 -inch sewer is intended to tie into a proposed 15 -inch gravity sewer located approximately 700 feet north of Tangerine Farms Road, in the easterly Gladden II roadway. The proposed sewer in Gladden II will not need to be oversized for the flows from Tangerine Commerce Park. The gravity sewers in this area of Northwest Marana will deliver to the existing Marana Wastewater Treatment Facility in accordance with the Pima County Wastewater Management Department PCWWMD) current planning document, the Northwest Marana Area Sewer Basin Study (AMEC, 2002). Final plans for providing sewer may be adjusted based on the scope and timing of surrounding development. The closest treatment plant to the site is the Rillito Vista Treatment Facility adjacent to the site on the east. The Rillito Facility was built to accommodate the Rillito Vista subdivision and was not designed to provide regional sewer service and is located up gradient from the Specific Plan. Sewer service will be extended to the property prior to commencement of Commerce Park uses. C. Fire Services Tangerine Commerce Park Specific Plan Marana, Arizona 80 Development Capability Report Fire Districts serving the area include: Northwest Fire District and Picture Rocks Fire District. The property is currently served by Northwest Fire District. Fire districts within a one -mile radius are shown on Exhibit II.C.10.c. Tangerine Commerce Park Specific Plan Marana, Arizona 81 Development Capability Report d. Major Transportation Corridors The major transportation corridors in the area are impacted both by Pima County and Marana. The primary corridors serving the project area are: Interstate 10, Frontage Road, Tangerine Road, and Avra Valley Road. For additional information on transportation network see Section II.C.8.e: Traffic Circulation and Road Network. In addition, a detailed Traffic Study for the project area will be submitted under separate cover. The Traffic Study provides an overview of the traffic operations and the recommended improvements for the Tangerine Commerce Park Specific Plan area based on the resource extraction plan and the Tangerine Road improvement district. e. Public Facilities There is a Central Arizona Project Pump Station near the northern boundary and an underground aqueduct extending through the property to the south. Adjacent to the 1-10 interchange and along the aqueduct, there is a pump station that supplies the Cortaro Marana Irrigation District. Other public facilities within a one -mile radius of site include the Pima County Tangerine Landfill. The Landfill is located approximately 1,500 feet west of the site. See Exhibit II.C.10.e for public facilities within a one -mile radius. f. Water The project has obtained groundwater rights. It is anticipated that water will be available for all phases of development. g. Private Utilities Electric services are provided by Trico Electric, a locally owned cooperative. Natural gas service may be provided by Southwest Gas, telephone service by Qwest communications and cable service by an undetermined Comcast vendor. The proposed commerce park development will contract private waste vendors such as waste management. h. Solid Waste Disposal Currently, waste disposal is provided to the site on a subscription basis by Waste Management, Inc. Effluent Use/Non Potable Water Tangerine Commerce Park Specific Plan Marana, Arizona 82 Development Capability Report There is no effluent delivery currently available at the property. A non -potable water line will be developed within Tangerine Farms Road to provide the opportunity for landscape irrigation with non - potable water sources. Cortaro Marana Irrigation District A Cortaro Marana Irrigation District (CMID) aqueduct is located within the property. The aqueduct runs parallel to Interstate 10 and adjacent to the Rillito Vista Subdivision on the east property line of the site. There are also distribution aqueducts along Tangerine Road and minor distribution canals within the property to provide for ongoing agricultural activities. The existing onsite canals within the property will be abandoned as development proceeds. The major canal along the Frontage Road and Tangerine Farms Road will be placed underground or otherwise protected from public access as approved by the Town Engineer and CMID. Tangerine Commerce Park Specific Plan Marana, Arizona 83 Development Capability Report EXHIBIT ll. C. 10. b: Sewer ( PLANNING Manholes rr No Levee Q 5pecft Plan Boundary 'yam./ CENTER Y ID Treatment Plant P lw4 , nuwhy - vwr..4u Ca Line 7U4'<]N. p[ x,�9��:yp 4YYrn4S Locations Santa Cruz River p gDoo rest Sewer Lines Floodway to be dedicated to -04 Pima County oats' Id BL PAGD7 roject Source' Pima County Land Inforrnawn SYMMS, 2004 & Town of Marana GIS Department filename' Projectsf x-Utlgis Tangerine Commerce Park Specific Plan Marana, Arizona 84 Development Capability Report EXHIBIT II. C. 10. c: Fire Services Legend THE * Fire Stations Cap Line PLANNING 0 CENTER Northwest Fire District Santa Cruz River ' �+^atx+nz aaaarissm szs.e1aa Picture Rocks Volunteer Fire District Floodway to be 0 2000 Feet Levee dedicated to Pima County Speck Plan Boundary Project Id: BAC -01 Source: Pima County Land Information Systems, 2004 Mom": Pm)@cislher IIffis & Town of Marana GIS Department Tangerine Commerce Park Specific Plan Marana, Arizona 85 Development Capability Report EXHIBIT II.C.10.e_ Public Facilities There are no Public Facilkieu within One Mile of the prgect site. Legend "°:ff�- THE Cap Line Santa Cruz River ® Specific Plan �� CSE 66 TER NNING Boundary a Levee Pima County owned Tangerine Landfill 4000 Feet Floodway to he dedicated to Pima County Date &72-44 Project Id: BA"I S+wrce' Pima County Land Information Systems, 2004 & Town of Marana GIS Department. Rlenamec Pmjedslbae� 1016 Tangerine Commerce Park Specific Plan Marana, Arizona 86 Section III Development Plan Development Plan A. Introduction The Specific Plan is a method used to implement the General Plan at a more detailed site-specific level for a focused area. The Specific Plan clarifies the planning considerations for such parcels and imposes regulations or controls on the use of such parcels. The Specific Plan establishes the type, location, density, and 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. This section of the Tangerine Commerce Park Specific Plan includes the development concept and the Land Use Designations. The development concept provides the framework for the logical phased use of the site. The Land Use Designations identifies type, location and inter -relationships of: commercial development, open space/recreation, resource extraction and reclamation. This section also contains a description of the goals, objectives, and policies of the plan combined with various plan components. These components provide the rationale for the Development Regulations found in Section VI. This section of the Tangerine Commerce Park Specific Plan also establishes the location and intensity of land uses, the circulation pattern, and character of the phased development. The plan focuses on coordinating a mix of land uses, including: commerce park, resource extraction, open linear park, buffers, and agriculture. The site has been analyzed to determine development capabilities, while considering environmental conditions in addition to open space needs. Tangerine Commerce Park Specific Plan Marana, Arizona 88 Development Plan B. Development Plan Concept The intent of the Specific Plan is to implement policies of the Town of Marana General Plan with a unique vision that suits the specific needs of the site. The development concept provides the framework for excellent opportunities for the Town of Marana in the form of tax revenue and employment generating businesses roadway improvements, community gateway at Tangerine Farms Road and a supply of aggregate. The development plan is consistent with the economic development vision for the area. The concept plan furthers the regional transportation long-range vision of the Town of Marana by modifying the approved Tangerine Road alignment, and the configuration of the 1-10/Tangerine interchange to be consistent with the Town master plan for transportation. The development concept furthers the overall vision of the Town of Marana by: • Strengthening the partnership among the land owners, the Town of Marana and ADOT with respect to Marana's regional transportation improvements needs; • Addressing drainage constraints such as watershed impacts and storm water flows currently impacting the site; • Including a commerce park that will establish a community gateway and economic development opportunities along the 1-10 Corridor and within the Town of Marana's northwest growth area. • Supporting economic development efforts within the area; • Providing berms and buffers to enhance compatibility between adjoining land uses; • Providing land to enhance the trail system along the portion of the Santa Cruz River Corridor located adjacent to the site. Tangerine Commerce Park Specific Plan Marana, Arizona 89 Development Plan C. Relationship to Adopted Plans In accordance to the Town of Marana General Plan, Tangerine Commerce Park Specific Plan is located in the Town of Marana Northwest Growth Area and the Northwest Marana Area Plan. The Town of Marana General Plan identifies the Northwest area as a prime area for the development of commercial and industrial uses along the Interstate 10 corridor, urban villages and a town center area as identified in the Northwest Marana Area Plan. The Tangerine Commerce Park Specific Plan carefully addresses the needs of the Northwest growth area by offering a variety of commercial uses, industrial uses, and a linear park with multipurpose recreation facilities carefully integrated into a comprehensively designed master planned development. The Tangerine Commerce Park Specific Plan contains goals and policies that are in agreement with those outlined in the Town of Marana General Plan. D. Land Use 1. Designated Land Uses The following land uses are designated within the Tangerine Commerce Park Specific Plan: • Commerce Park • Resource Extraction • Linear Park • Buffers • Santa Cruz River (to be dedicated to Pima County) 2. Land Use Definitions Exhibit III.0 shows land use designations and circulation concept. The designated uses within the Tangerine Commerce Park Specific Plan are defined as follows: a. Commerce Park This land use is intended to accommodate regional and local commercial businesses, professional and administrative offices, and limited manufacturing uses that complement the commerce park areas. Principal uses include but are not limited to: retail and commercial service uses, research and development, testing activities, development laboratories, high performance manufacturing and assembly, complementary uses such as administrative and accessory facilities necessary to serve employees, mixed-use business, and support services such as professional, financial and business offices; specialized service Tangerine Commerce Park Specific Plan Marana, Arizona 90 Development Plan commercial uses; hotel/motel; and restaurants. These uses permitted in all areas designated as Commerce Park on the Land Use Map. b. Resource Extraction This land use is intended for active resource extraction (rock, sand, and gravel) and the following associated activities: plant site, processing, storage, stockpiling, ready mix concrete, asphalt production, overburden storage, and construction storage yards. The associated uses must be located in accordance with the development regulations requirements. c. Linear Park This land use area is for a linear park along the southern portion of the site next to the Santa Cruz River Corridor. This linear park system area screens the extraction areas and provides for potential recreation uses within the Linear Park. This land use is also intended to provide connectivity and space for the Santa Cruz River Corridor shared multi-purpose path. d. Buffer This land use area provides a buffer between the existing adjoining land uses. The resulting berms should enhance the separation between adjoining land uses. e. Agriculture This land use is intended as an underlying use within all land use categories. Agriculture is permitted during all phases of development within all land use designations. As such, agriculture uses are intended to be used as a "holding" land use prior to resource extraction, as well as a potential use after resource extraction is completed. f. Santa Cruz River This land use is within the boundaries of the Santa Cruz River Corridor, south of the levee. This area is sited in designated floodway and will be dedicated to Pima County Flood Control District. The floodway will remain undisturbed. Tangerine Commerce Park Specific Plan Marana, Arizona 91 OMMERCEPA 2 RESOURCE EXTRACTION Development Plan EXHIBIT IIID: Land Use Designation Map Tq TO CAP Pump Station — — 4 COMMERCE PARK �--> iCO Commerce Park 1'12 ac a Resource Extraction 322 ac Buffer 11 ac Roadways 28 ac Floodway 125 ac - Linear Park 8.5 ac Total 494 ac Legena RESOURCE EXTRACTION FLOODWAY ® COMMERCE PARK LEVEE LINEAR PARK •••�• CAP CANAL ROW BUFFER PROJECT BOUNDARY 1 RESOURCE EXTRACTION Tangerine Commerce Park Specific Plan Marana, Arizona 92 PLANNING CENTER 0' 750' 1500' Development Plan TABLE 3: Planning Areas Planning Areas Land Use Acreage 1 Resource Extraction 180.4 ac 2 Resource Extraction 130.6 ac 3 Commerce Park 46.5 ac 4 Commerce Park 20 ac 5 Commerce Park 26 ac 6 Commerce Park 19.5 ac Buffer 11 ac Linear Park 8.5 ac Floodway 12.5 ac E. Circulation As displayed in Exhibit III.E: Circulation Concept Plan, primary access to the commerce park and resource extraction uses will be provided by the realignment of Tangerine Farms Roads and Tangerine Road. No more than one access point will be provided from the Interstate 10 Frontage Road. Resource extraction access will be redirected from the existing Calmat Drive off of Interstate 10 Frontage Road to Tangerine Farms Road. Calmat Drive will continue to serve resource extraction traffic until either the frontage road along I-10 is expanded or the frontage connection road is completed. When Tangerine Road is constructed, proposed resource extraction access to the western portion of the site will be directed along the southern boundary to this new road. 1. Existing and Proposed Right -of -Ways The circulation element for the Tangerine Commerce Park Specific Plan includes the following components: a. Tangerine Farms Road The Tangerine Farms Road alignment has been modified per Town of Marana input to facilitate efficient movement of traffic at the future interchange. The cross section for Tangerine Farms Road is Tangerine Commerce Park Specific Plan Marana, Arizona 93 Development Plan depicted on Figure 1. If there are changes to Town standards for the pavement cross section that occur after approval of the Specific Plan and prior to design approval for a roadway, the Town Engineer may request minor modifications to proposed cross sections for purposes of making the project more compatible with the current Town Standards. The right of way for Tangerine Farms Road is 250 feet wide and will be dedicated to the Town upon request or by block plat. The existing Tangerine Farms Road right of way will be abandoned by the Town upon completion of the new improvements. Development of Tangerine Farms Road will be funded and constructed in accordance with the terms of the Development Agreement between the Town of Marana and the property owner. b. Tangerine Road The owner of the Commerce Park land will develop Tangerine Road within the Specific Plan prior to use of the road for access by the Commerce Park land (see figure 2: Tangerine Road Typical Section with Full Median.) A multi use path will be constructed along Tangerine Road all the way to the Santa Cruz Trail vicinity. If there are changes to Town standards for the pavement cross section that occur after approval of the Specific Plan and prior to design approval for a roadway, the Town Engineer may request minor modifications to proposed cross sections for purposes of making the project more compatible with the current Town Standards. Development of the road may be phased but must be completed prior to use for development on the immediately adjoining land. The right of way for Tangerine Road is 150 feet wide and will be dedicated to the Town upon request. It is anticipated that the extension of Tangerine Road south of the Commerce Park land will be constructed in connection with development of the property south of the Specific Plan and across the Santa Cruz River as a regional road improvement. c. Street A- Frontage Road Connection The frontage road connection shall be constructed with the right of way and cross section shown on Figure 3: Street A. The 1-10 freeway currently has a two-way frontage road that will be converted to only allow one-way traffic in the future. In order to provide access to the commerce park land, this connection road will be constructed to tie into existing frontage road at the south property line. Upon abandonment or relocation of the Calmat Drive entrance, one additional access point shall be permitted along the 1-10 frontage road and this access shall be in the area shown on the circulation element so as to facilitate efficient movement at the interchange. Any modifications of access to the Frontage Road including the abandonment or relocation of Calmat Drive will be subject to review Tangerine Commerce Park Specific Plan Marana, Arizona 94 Development Plan and approval by the Town of Marana and Arizona Department of Transportation. d. Access Management To facilitate efficient movement on Tangerine Road, all left -turn movement shall be constructed in accordance with the locations identified in the circulation element or as approved by the Town Engineer. All access to Tangerine Farms Road that is east of Tangerine Road shall be limited to right in right -out turning movements and to access points with spacing of intersections that are acceptable to the Town Engineer. Sections west of Tangerine Road may be subject to right in -right out due to median design of Tangerine Farms Road and as directed by the Traffic Division. e. Internal Circulation Exhibit III.E Circulation Concept depicts conceptual locations of future internal circulation. It is anticipated that modifications will be made to the internal circulation plan at the time that development plans are filed for specific commercial uses. R/W 44, 01 1 13' 32' 24' 20' A4' DoarZone(Typ) 32' 13' Uaries_ Median 1' 12' 13' 12' 12' 13' 12' 1' Muff Travel Travel i Travel Travel Multi Use Lane Lane Lane Lane Use Lane Lane TO 1' (TO) 2% , 2% OW tpvmt. Lt Profile Control Rf Pmfile Control New Curb & Gutter, H=6' (Typ) Str Sec No.1 PC/COT Std DN 209, Type 1(g) (Mod) New Vert. Curb H =6" T New s"Conc. Sidewalk(Sidewalk(Tp) PC/COT Std Dt1209,Type 1 PC/COTStd Dtf 200 Match Exist. Ground 175' 70' Channel Mull -Use Path (10' wide) Meander within Channel FIGURE 1: Tangerine Farms Road Typical Section with Full Median Tangerine Commerce Park Specific Plan Marana, Arizona 95 R/W Match Exist. Ground Development Plan R/w 75' R� 20' 44' 44' Clear Zone (Typ) Iff 13' _ _I_ 32' _i_ 24' _i_ 32' _ _ 13' Median T 12' 13' 12' 12' Multi 13' 12' T Multi Travel Travel Use i Travel Tra ve! Mini Path Use Lane Lane Lane Lane Use Lane Lane TYp) 1, (TYP) 2% 2 °k 4-1 Lt Profile Contra! Rt Profile Control New Curb & Gutter, H=6" (Typ) �Pvmt. Str. Sec No.1 PC/CD T Std DU 209, Type 1 (g) (Mod) New Vert. Curb H =6" T PC/COT Std Dtl 209, Type 1 New 5" Conc. New 5" Conc. Sidewalk (Typ Sidewalk (Typ) PC/COT Std Dtl 200 PC/CDT Std. Dtl 200 FIGURE 2: Tangerine Road Extension Typical Section with Full Median Tangerine Commerce Park Specific Plan Marana, Arizona 96 Development Plan 60' R/W R/W R/W 10' PUBLIC 10' PUBLIC UTILITY UTILITY EASMENT2 5' 2.5 EASMENT 4' 6' 17 17' 6 4 0.5' 0.5' TRAVEL LANE TRAVEL LANE 3�MRX I I I AR I 4' SIDEWALK PCDOT STD DTL N0. 200 (TYP) BOTH SIDES VERTICAL CURB PER PC COT STD DTL NO. 209 TYPE 1(G) BOTH SIDES 2,00% 2.0i VARIES VARIES O C S W FIGURE 3: Street A (The Town of Marana Commercial/Industrial Street Standard, adopted March, 2004) *Additional roadway width may be required at intersections where turn lanes are required based on a traffic analysis. Tangerine Commerce Park Specific Plan Marana, Arizona 97 Development Plan F. Drainage Design The onsite drainage plan will comply with the Town of Marana requirements relating to retention/detention and conveyance of onsite and offsite stormwater. Off-site storm water emanating from the 1-10 and UPRR structures will be collected at the northeast property corner and conveyed west via a new collector channel to resource extraction area. This will be accomplished by construction of drainage channel that will be aligned between the commercial development and the 11 acre buffer along the east boundary of the Cemex property. The width of the channel will be between 50 feet and 100 feet depending upon the determination of the design discharge rate and will be constructed at the time the commercial parcels are developed. An engineered inlet spillway constructed of concrete or a storm drain pipe will be installed to convey stormwater from the channel to the resource extraction pit, which will have a depth of 50 feet or more. Outlet scour protection will be provided at the bottom of the structure to control erosion. The alignment and limits of this channel and preliminary location of the inlet structure are shown of Exhibit 1115: Post Development Hydrology. Off-site drainage entering the property at CP -1 will drain east to west along the south edge of the aggregate pits. A swale will be constructed to collect and convey this Storm water between the berm along the edge of the pit and the onsite drainage plan will comply with the Town of Marana requirements relating to retention/detention and conveyance of onsite and offsite stormwater. Retention detention requirements will be handled by directing stormwater from the commercial parcels into the resource extraction area. Off-site storm water emanating from the 1-10 and UPRR structures will be collected at the northeast property corner and conveyed west via a new collector channel to the resource extraction area. This will be accomplished by construction of drainage channel that will be between 50 feet and 100 feet depending upon the determination of the design discharge rate and will be constructed at the time the commercial parcels are developed. An engineered inlet spillway constructed of concrete or a storm drainpipe will be installed to convey stormwater from the channel to the resource extraction pit, which will have a depth of 50 feet or more. Outlet scour protection will be provided at the bottom of the structure to control erosion. The alignment and limits of this channel and preliminary location of the inlet structure are shown of Exhibit 1115: Post Development Hydrology. Off-site drainage entering the property at CP -1 will be directed into the resource extraction area to satisfy detention and retention requirements. A portion of this storm water may be directed into a swale that would be constructed to collect and convey this Storm water within the buffer area along the east property line and then westerly and into the Santa Cruz River flood control levee. Tangerine Commerce Park Specific Plan Marana, Arizona 98 Development Plan Onsite drainage from the commercial blocks will also be drained to the resource extraction area. This drainage will be conveyed to one of the aforementioned inlets to the resource extraction area for offsite storm water wherever possible. Additional inlets for onsite drainage will be provided as needed. The available retention storage volume in the resource extraction area exceeds that necessary to comply with Town of Marana requirements. Normal ponding depths resulting from storm water runoff from the commercial blocks is expected to be two feet or less. Percolation rates for soils at the bottom of the resource extraction area should be adequate to discharge retention storage within 24 hours or less. Percolation tests to confirm infiltration capacity will be provided as needed. At present, no drainage structure crossings of the CAP canal are anticipated. However, the design will comply with Bureau of Reclamation design standards if more detailed analyses conducted at the time of development determine that one or more crossings are required. The foregoing drainage parameters may be adjusted based upon final development plans with the consent of the Town Engineer. Proposed drainage design standards for the project are as follows • Prior to installation of perimeter walls or berms, the resource extraction operator shall collect water flowing towards the resource extraction area and direct it down the slope to the resource extraction area at concentrated points. These discharge points shall be improved with concrete or other materials approved by the Town Engineer. • The foregoing direction of storm water to resource extraction areas shall provide compliance with the applicable storm water management requirements to provide retention and detention. • The resource extraction operator shall record a covenant against title to the resource extraction land stipulating that the resource extraction operator irrevocably consents to directing site storm water into the resource extraction area and that the grades of the resource extraction area shall be maintained in a manner that contains the site storm water in the resource extraction area. The site storm water includes all drainage land within the Specific Plan and water coming into the Specific Plan along the east boundary of the Specific Plan. Tangerine Commerce Park Specific Plan Marana, Arizona 99 Development Plan G. Goals, and Objectives The goal of the Tangerine Commerce Park Specific Plan is to establish a development framework that will provide for economic development and compatible land uses. Objectives: Identify compatible land uses, and where appropriate establish buffers and related requirements to maintain compatibility. Provide design guidelines that promote compatibility between land uses. Provide circulation and right of way that is compatible with future circulation requirements. Identify parameters for development that address drainage patterns, and other infrastructure issues. Incorporate open space/recreation (linear park) land uses along the Santa Cruz River Corridor. Tangerine Commerce Park Specific Plan Marana, Arizona 100 Development Plan EXHIBIT III. E: Circulation Concept Plan TANGERINE FARMS 250' RIW FUTURE AEANDONED R" ` CAP Pump Station t �t� �TccT 0 `p OW -� s 'QO """•••+. 150' PUBLIC S,gNT ••.,•• A cRUZR���R ++•++�'•. </ry� LOODWAY Legend NORT"OWONTHE PLANNING CENTER ...... CONCEPTUAL ALIGNMENT FOR INTERNAL CIRCULATION/ """' LEVEE PRIVATE DRIVES, SUBJECT TO CHANGE BASED ON FINAL CAP CANAL ROW DEVELOPMENT PLAN APPROVAL BY THE TOWN 0' 7,50, 1500, PROJECTBOUNDARY CONCEPTUAL MEDIAN BREAKS, SUBJECT TO CHANGE BASED ON FINAL DEVELOPMENT PLAN APPROVAL BY THE TOWN Source. Pima County Land Information Systems, Jan 2004. Tangerine Commerce Park Specific Plan Mariana, Arizona 101 Development Plan EXHIBIT III. F: Post Development Hydrology I �Cormwrc� Perk \. �� rr errs TO Il liasaurce E%bec6on ^� � � • 1 �� �� �• ` I �rrrio�►= ', � PI R E e- _ N I FLODOWHY.... /I 4. ►r t` ^` / Legend: PRWW CMG DRAINAGE THE ENGINEERING, INC. PLANNING Onsite Drainage Patterns CENTER 1103 -CHURCH RVE., 9LIITE 6920 TLICB0N, A2 857111 [5261 8 27-61 48 {• Retention Basin Inlet .......• Levee 0' 750' 1500' Flc>odway t4 be dedicated to Pima ------- Cap Canal RIW County Source: POLIS, January 2005 & CMG Drainage, April 2004. Tangerine Commerce Park Specific Plan Marana, Arizona 102 Section IV Development Standards Tangerine Commerce Park Specific Plan Marana, Arizona 103 Development Standards A. Introduction These Development Regulations serve as the primary mechanism for implementing the Tangerine Commerce Park Specific Plan. They set forth a framework for planning in a consistent manner while providing the flexibility needed to anticipate future needs. An annual report of resource extraction shall be submitted the Planning Director detailing the resource extraction operation. See Appendix E: Resource Extraction Plan. As provided in the Development Plan section of this document, principal land use designations within the Tangerine Commerce Park Specific Plan are: • Resource Extraction • Commerce Park • Linear Park • Buffer B. 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 shall apply. Tangerine Commerce Park Specific Plan Marana, Arizona 104 Development Standards C. Development Regulations 1. Resource Extraction The resource extraction regulations encompass a total of approximately 322 acres. The intent of Resource Extraction is to provide a sensitive integration of resource extraction, environmental control and reclamation as well as contribute to the Towns tax base per agreements with the Town of Marana and the landowners. The following regulations shall apply to the Resource Extraction Land Use Designation: a. Permitted Primary Uses • Resource extraction • Agriculture • Materials storage/stockpiling/processing • Storm water Detention and Retention • Settling Ponds b. Permitted Ancillary Uses • Plant Site and Storage • Sand and gravel plant • Ready -mix concrete operations • Concrete product manufacturing and storage • Asphalt processing • Transferring and batching • Vehicle maintenance facilities • Dispatch and sales offices • Construction storage • Construction vehicular parking c. Prohibited Uses • Reclaiming of any pit for sanitary refill d. Setback and Height Requirements Minimum Setback: 300 feet from all property lines. Land within the Buffer zone shall apply towards this requirement. Upon completion of a berm in accordance with the Perimeter Screening Requirements, this setback may be reduced to 50 feet. Additional Setback requirements for Ancillary Uses: • Maximum Building Height: 55 feet Tangerine Commerce Park Specific Plan Marana, Arizona 105 Development Standards All Ancillary uses must be located below the Perimeter Grade for the site. The Perimeter Grade shall initially be natural grade and upon completion of the Perimeter Screening Standards, the Perimeter Grade shall be the top of the berm as measured at the closest property line along the perimeter of the resource extraction area with the Ancillary Use. The elevation of the Ancillary Use shall be no less than thirty feet below the Perimeter Grade. Such setback below grade shall be increased to the maximum height of any structure or plant site for structures with a height of more than thirty feet. The foregoing height set back with respect to the Perimeter Grade shall not be applicable to the existing plant site until such time as the existing plant is relocated and shall not be applicable to silos that extend no more than eighteen feet above the Perimeter Grade. ROW R.O.W. OR 306' SETBACK TO RESOURCE EXTRACTION NDJACEN (NO GRADING SHALL OCCUR IN THIS AREA USE UNTIL INSTALLATION OF BERM) R R.O.W. OR ADJACENT USE ROW RESOURCE EXTRACTION AREA FIGURE 4: Resource Extraction Setback t 150' DEPTH MAX FROM PERIMETER GRADE & TALL BERM 50' SETBACKTO RESOURCE EXTRACTION WITH USE OF BE BERM 4q 1 RESOURCE 150' AX S EXTRACTION DEP H AREA FROM TOP OF BERM FIGURE 5: Reduction in Resource Extraction Setback Tangerine Commerce Park Specific Plan Marana, Arizona 106 Development Standards HOW R.O.W. OR 5d' SETBACK TO RESOURCE IJACENT EXTRACTION VV TH USE OF BERM USE IT 34 MINIMUM BELOW FETOP OF BERM MOTE: ANCILLARY USE HEIGHT CAN BE AS LONG AS TOTAL ANCILLARY I DOES NOT ECEE❑ HEIGHT 0 FIGURE 6: Ancillary use Setbacks ROW BERM R.O.W. 50' SETBACK TO _ OR RESOURCE EXTRACTION ADJACENT WITH USE OF BERM & WALL USE a HT. WALL & BE.RM r t WALL FIGURE 7: Masonry Wall Option e. Parking Standards • Provide one parking space per employee. ANCILLARY USE E HEIGHT BERM. RESOURCE 150' MAX EXTRACTION DEPTH AREA FROM TOP OF --ti BERM Tangerine Commerce Park Specific Plan Marana, Arizona 107 Development Standards • All parking to be provided off street. • Provide five visitor parking spaces. f. Applicable Regulatory Standards • Dust control as per Pima County requirements. • Comply with all Federal and State regulations for resource extraction. • Abide with regulations from the following regulatory entities • Town of Marana • Marana Floodplain Administration • Pima County Flood Control District • Federal Emergency Management Agency (FEMA) • Fire Department access will be maintained according to Uniform International Fire Code. • Mine Safety Health Administration (MSHA) • Arizona State Mine Inspector • Pima County Air Quality Control District/Pima County Heath Department • State Department of Environmental Quality • Arizona Department of Transportation g. Grading Standards • In the event that the buffer zone around archaeological site AA:12:881(ASM) is to be disturbed, a testing plan shall be developed in accordance with Arizona Revised Statutes. If any human remains or funerary items are discovered during construction, or at any time, the landowner shall contact the Arizona State Museum and comply with all applicable mitigation requirements. • Finished (reclaimed) perimeter slopes for extraction areas shall be a maximum of 2H: 1V. • Maximum extraction depths shall be 150 feet. • The height of any stockpiling shall not extend above the Perimeter Grade of the resource extraction area. • Where feasible, excavated areas shall be reclaimed with installation of inert materials such as construction debris. Tangerine Commerce Park Specific Plan Marana, Arizona 108 Development Standards • Perimeter slopes are all slopes within 300 feet of the property line for the resource extraction area. All perimeter slopes of resource extraction areas shall be planted in accordance with the landscape standards set forth below within two years after commencement of excavation. Additionally, perimeter slopes for a prior phase shall be planted within two years after commencement of a new phase (See Appendix E for Phasing). Prior to excavation of perimeter slopes, the resource extraction operator shall provide financial assurances acceptable to the Town in an amount equal to 115% of the cost to landscape such slopes as determined by a registered landscape architect. The foregoing assurances shall not be released until landscape establishment is complete and the Town has verified that such establishment is sufficient to substantially inhibit erosion of slopes • The resource extraction operator shall file an annual report with the Town identifying excavated areas, current aerial and topography, landscaped areas, and areas where landscape establishment is complete, any operational changes and compliance status of required landscaping. The aerial shall be updated annually and the topography shall be updated every two years. • The resource extraction operator shall inspect all perimeter slopes at least once every three months and implement repairs of areas with significant erosion within 60 days after the inspection. Quarterly inspection reports shall be submitted to the Town with the annual report. • Resource extraction activity shall be conducted substantially in accordance with the resource extraction plans attached as Appendix E. The Planning Director may authorize modifications to these plans upon his or her determination that the modification is consistent with the intent of these plans. All other modifications are subject to review and approval by the planning and zoning commission. • Prior to commencement of resource extraction activity within 300 feet of any property line (inclusive of any buffer areas), the resource extraction operator shall construct a berm or masonry wall in accordance with the Perimeter Screening Standards. • Upon establishment of required landscaping and construction of any required drainage improvements, the Resource Extraction Operator shall have the perimeter Tangerine Commerce Park Specific Plan Marana, Arizona 109 Development Standards slopes inspected by a soils engineer, and obtain certification from the soils engineer that the perimeter slopes are stable. g. Perimeter Screening Standards • Along the perimeter of all areas where resource extraction activities occur, a visual screen shall be established as depicted on Figure 3: Berm Section Typical. The screen shall be an eight -foot high barrier that is a masonry wall, or an eight -foot high earthen berm, or a combination thereof (see Figures 5 and 7: Resource Extraction Setback and Masonry Wall Option). With the masonry option, 15 -gallon trees shall be installed with an average spacing of one per 30 linear feet of wall. The slope of the berm that is oriented towards the property line shall be undulated and have a minimum slope of three foot horizontal for each one foot of vertical height and an average slope ratio of minimum slope of four foot horizontal for each one foot of vertical height. See Landscaping Standards for berm landscape requirements. h. Hydrology Standards • Prior to installation of perimeter walls or berms, the resource extraction operator shall collect water flowing towards the resource extraction area and direct it down the slope to the resource extraction area at concentrated points. These discharge points shall be improved with concrete or other materials approved by the Town Engineer. • The foregoing direction of storm water to resource extraction areas shall provide compliance with the applicable storm water management requirements to provide retention and detention. • Where the height of a resource extraction slope exceeds 50 feet, a bench will be incorporated into the slope to provide and direct localized slope drainage into the improved channels extending down the slopes of the resource extraction area. • Landscaping Standards: All exterior faces of the berms constructed to satisfy the Perimeter Screening Requirements shall be landscaped with plants at the intensity rates set forth for berms in Appendix B. • All interior faces of the berms constructed to satisfy the Perimeter Screening Requirements and the final Tangerine Commerce Park Specific Plan Marana, Arizona 110 Development Standards perimeter slopes constructed for the resource extraction areas shall be hydroseeded with a drought tolerant seed mix approved by the Town. In the event that the seeding does not establish in a manner that substantially eliminates erosion pattern, the resource extraction operator shall fix erosion and reseed until seeding is established. Seeding may be established with the use of above ground irrigation systems. The final perimeter slopes are to be landscaped within one year after construction. All plantings shall be irrigated with low water consumption techniques such as drip irrigation. Provided that the health of plants installed is maintained, the resource extraction operator may wean the plants off of drip irrigation over a period of time. The transition away from irrigation shall not commence until a minimum of two years after installation, and it shall be the responsibility of the resource extraction operator to replace any material that does not remain healthy. Material to be used for outer surfaces of berms and perimeter slopes must be suitable for planting. • Hydroseeding shall be placed at the optimal times maximizing the benefit of annual rainfall events and supplemented with above ground irrigation as required to establish the hydroseed. FIGURE 7: Berm Section Typical 2. Commerce Park The Commerce Park regulations encompass a total of approximately 112 acres. The intent of the commercial area is to provide the surrounding existing and proposed residential Tangerine Commerce Park Specific Plan Marana, Arizona 111 Development Standards neighborhoods with commercial services as well as employment base and significant sales tax revenue for the Town. This area will be developed in such a way as to promote connectivity and serve the regional market. The Following regulations shall apply to Commerce Park Designations: a. Permitted Uses • Professional, Administrative and Financial offices • Hotel/motel • Restaurants • Cocktail lounge operated within a restaurant. • Drive through facilities associated with a restaurant, retail or service use • Sale of retail products including grocery, specialty foods, household goods, business products, office equipment, furniture, department store, medicine, books, appliances, home and garden, plumbing fixtures, clothing, shoes, hardware, flowers, bicycles, sporting goods, convenience store, auto parts, florist, jewelry, and pet shop and other products of a similar land use intensity. Commercial services banking, insurance, health and beauty, fitness, veterinary, appliance repair, kennel (subject to Section 08.04 of the Town of Marana Land Development Code), laundromat, funeral and crematory services, catering, barber shop, bakery, childcare and educational facilities shop and other services of a similar land use intensity. • Contractors' offices and contractor yards • Entertainment such as movie theatre, skating video games, pool hall (but excluding any adult entertainment venues) • Automobile and other vehicle sales • Automobile, automobile service station and other vehicle service including tire, transmission, upholstery, windshields, engine repair, body repair/painting, car wash and similar services Tangerine Commerce Park Specific Plan Marana, Arizona 112 Development Standards • Plant nurseries • Medical uses including office, ambulatory care, hospice and hospital. • Churches and other places of worship • Research and Development including testing laboratories • Manufacturing and assembly except manufacturing uses or processing that are prohibited under the Light Industrial zone of the Town Code or such similar land use category as the Town Code is amended from time to time • Distribution and storage warehouses and including self storage units • Agriculture • All uses allowed under the RC zone within the Town of Marana Land Development Code and such similar land use code category as the Town Code is amended from time to time • Uses of a comparable intensity as determined by the planning administrator b. Development Standards • Perimeter Building Setbacks: • Front: 30 feet • Side: 20 feet • Rear: 30 feet • Such setbacks are to be measured from the major arterial roads and setbacks within the Commerce Park are to be determined based on the applicable building code requirements. • Landscaping: As required by Regional Commercial zoning of the Town of Marana Land Development Code. • Perimeter Landscape Setbacks: A 30 foot wide landscape area shall be provided along all arterial right of ways and where available landscape within the right of way may be applied towards this requirement. Tangerine Commerce Park Specific Plan Marana, Arizona 113 Development Standards • Maximum Building Height: 60 feet, subject to massing guidelines set forth in Section VI.C.2.a. • Maximum Lot Coverage: 50 percent • Signage: As required by the Town of Marana Land Development Code • Parking: As required by the Town of Marana Land Development Code. • Required parking may be reduced up to 20% of the number of spaces required by the Town of Marana Land Development Code if the project has adjoining uses, which share the same parking area and have different hours of operation and covenants authorizing shared parking are recorded against title to the affected parcels. This reduction may also be utilized if three or more of the following are met: 0 50% more bicycle parking than required by the Land Development Code. o Parking areas are located to the rear of the building. o If there is a transit stop within 600 feet. o The entire project is integrated to provide pedestrian linkages between the project components and provides direct pedestrian access to the project from adjoining residential areas. o Parking is decentralized and dispersed evenly as parking pockets throughout the Commerce Park Development. o Outside storage of materials must be screened by a perimeter masonry wall with a minimum height of five feet or with the approval of the Planning and Zoning Commission. The prohibition on outside storage is not intended to apply to the sale of retail items customarily sold outside such as automobiles, plant nursery the sale of seasonal type sales customary in a retail environment. 3. Linear Park and Floodway Tangerine Commerce Park will comply with the Town of Marana open space standards by dedicating: Tangerine Commerce Park Specific Plan Marana, Arizona 114 Development Standards ■ 8.5 acres of linear park along the Santa Cruz River to be dedicated to the Town of Marana ■ 12.5 acres of Floodplain to be dedicated Pima County Flood Control District 4. Buffer/Overburden Berms The buffer/overburden berms regulations encompass a total of 11 acres. The intent of the land use is to provide a screening between land uses. The Following regulations shall apply Buffer/Overburden Berm Designations: a. Permitted Uses • Active/Passive Recreation • Material Storage • Landscaped Buffers • Screening b. Development Standards • No use of the Berm area shall commence until such time as the Perimeter Screening Requirements and associated exterior landscaping have been completed for the applicable Berm area. • Stockpiling shall be no higher than the perimeter berm. • The Landscaping Standards and Hydrology Standards set forth in the Resource Extraction Development Regulations shall be applicable to this land use. 5. CAP CANAL RA/\/ The Central Arizona Project is designed to bring approximately 1.5 million acre-feet of Colorado River water per year to Pima, Pinal and Maricopa Counties. The Cap Canal runs through the middle of the project site towards the Santa Cruz River. The Cap canal easement has been included in all exhibits of this document. In addition to the applicable Land Use Regulations for uses within the easement, the following regulations shall apply to this easement. • No structures shall be constructed within the easement. As used herein, structures do not include agricultural uses, parking lots, roadways, sidewalks, signs (provided the foundations for the sign are no greater than two feet), and underground utilities. Tangerine Commerce Park Specific Plan Marana, Arizona 115 Development Standards • Underground utilities shall not be constructed transverse to the pipeline without the prior approval of the United States or its agent for the pipeline. Notice of construction shall be provided to the United States and shall not affect the integrity of the CAP line. In no event shall the cover over the CAP pipeline be modified in a manner that reduces cover over the pipeline to less than seven feet or more than ten feet. Tangerine Commerce Park Specific Plan Marana, Arizona 116 Section V Implementation and Administration Tangerine Commerce Park Specific Plan Marana, Arizona 117 Implementation & Administration A. Purpose and Intent The regulations and guidance contained within this Specific Plan prescribe the implementation of development on the Tangerine Commerce Park Specific Plan site. This section provides information regarding general administration and amendment procedures. For the purpose of identifying those responsible for implementation of the improvements for the Tangerine Commerce Park Specific Plan area, three entities must be identified. These are the Builder, Resource Extraction Operator and the Town of Marana. The Builder is the purchaser of a development area, or portions of a development area, responsible to build or provide for ancillary roadways and building within their areas of ownership following the precepts provided in the Development Regulations and Design Guidelines sections of this document. The Builder is the responsible for conveyance of storm water to the Resource Extraction property and the Resource Extraction Operator is responsible for all storm water management within the Resource Extraction site. The Resource Extraction Operator is responsible for resource extraction operation including slope maintenance, perimeter berms, maintenance of retention and compliance with all development regulations related to resource extraction. The Town of Marana is the entity responsible for ensuring the basic infrastructure facilities are planned and constructed to serve the development areas within the Tangerine Commerce Park Specific Plan. The Town of Marana is also the entity responsible for the maintenance and management of all dedicated public roads and those portions of the Recreation and/or Open Space areas dedicated to the Town of Marana. The basic procedures specified for processing projects within the Tangerine Commerce Park Specific Plan boundaries are: (1) Site Plan Review Process for each project within the Specific Plan area; and (2) preliminary parcel or tract maps for the processing of any project requiring lotting. B. Applicability of Town Ordinances The Development Regulations section of the Specific Plan addresses only those areas that differ from the Town of Marana Land Development Code. The Specific Plan may also be regulated by terms of a development agreement between the Town and the landowner. If an issue, condition or situation arises that is not covered or provided for in this Specific Plan or the development agreement, those regulations of 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 and the Planning Director as the guidelines to resolve the unclear issue, condition or situation. The Tangerine Commerce Park Specific Plan Marana, Arizona 118 Implementation & Administration proposed development of this site will follow all applicable Town and Land Development Code requirements in effect at the time of application. Tangerine Commerce Park Specific Plan Marana, Arizona 119 Implementation & Administration C. Development Plan Review Process 1. Resource Extraction areas In areas designated as Resource Extraction, development shall be conducted substantially in accordance with the resource extraction development regulations and resource extraction plans attached as Appendix E without further development plan review except as provided herein and under the development standards. Prior to any expansion of the Resource Extraction area, the resource extraction operator shall submit to the Town Engineering Department for review and approval a grading plan depicting the expansion area and that complies with the development regulations of this Specific Plan and is consistent with the Resource Extraction Plan in Appendix E. The Planning Director may authorize modifications to the Resource Extraction Plan upon his or her determination that the modification is consistent with the intent of these plans. All other modifications are subject to review and approval by the planning and zoning commission. Resource Extraction activities that require a building permit are subject to a development plan review process in accordance with the procedures set forth in the Town Land Development Code. 2. Commerce Park areas In areas designated as Commerce Park, the development plan review process shall be permitted in accordance with the procedures set forth in the Town Land Development Code. D. General Implementation Responsibilities The owner of the lands designated for Resource Extraction Uses is the implementation entity responsible for resource extraction and associated uses. The owner of the lands designated for Commerce Park is the implementation entity responsible for the engineering and implementation of spine infrastructure serving the commercial and employment -generating uses within the site. E. Specific Plan Administration 1. Enforcement The Tangerine Commerce Park Specific Plan shall be administered and enforced by the Town of Marana Development Services Department in accordance with the provisions of the Town of Marana Land Development Code, Town Code and stipulations provided in the Development Agreement between the Town of Marana and landowners within the Specific Plan. Tangerine Commerce Park Specific Plan Marana, Arizona 120 Implementation & Administration 2. Administrative Change Certain changes to the explicit provisions in the Tangerine Commerce Park Specific Plan may be made administratively by the Town of Marana Planning Director or Planning Director, providing said changes are not in conflict with the overall intent as expressed in the Specific Plan. Any changes must conform to the goals and objectives of the Tangerine Commerce Park Specific Plan. The Planning Director or Planning Director's decision regarding administrative changes and determination of substantial change as outlined below shall be subject to appeal to the Board of Adjustment. Categories of administrative change include, but are not limited to: (a) 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. (b) Changes to the community infrastructure planning and alignment such as roads, drainage, and water and sewer systems that do not adversely affect the development capacity in the Specific Plan area. (c) Changes to development plan boundaries due to platting. Minor modifications to the boundaries and acreages of the planning areas or adjustments because of final road alignments and drainage will occur during technical refinements in the platting process and shall not require amendment to the Specific Plan. (d) Changes to development standards 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 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 within fifteen (15) days from the date of the interpretation to the Board of Adjustment. Tangerine Commerce Park Specific Plan Marana, Arizona 121 Implementation & Administration 5. Fees Fees will be assessed as indicated by the Town's adopted fee schedule that is in place at the time of development. Tangerine Commerce Park Specific Plan Marana, Arizona 122 Section VI Design Guidelines Tangerine Commerce Park Specific Plan Marana, Arizona 123 Design Guidelines A. Introduction The main goal of these Design Guidelines is to encourage and ensure, to the maximum extent possible, the establishment of a quality urban landscape within the Tangerine Commerce Park Specific Plan area in conformance with the Town of Marana General Plan and the Northwest Marana Area Plan. These guidelines express the desired future development of the site. These Design Guidelines provide specific development standards and design guidelines that will guide development within the Specific Plan. Balancing the appropriate articulation of space with environment, resource extraction and employment -generating commercial and commercial business park uses in accord with transportation corridor realignment is a primary aim of these guidelines. B. Purpose and Intent These Design Guidelines provide guidance to the Town of Marana for future development. They also provide for creative flexibility while meeting the Town of Marana's standards. The Specific plan lies within the Northwest Area Plan, which provides guidance on policy design standards. The purpose of theses design guidelines is to provide more specific standards that are consistent with the objectives of the Northwest Area Plan and the Specific Plan. Adherence to these design guidelines will ensure a high quality of appearance for the community as well as Development Plan compatibility. These guidelines are designed as an information source for site development, landscape architecture, signage and other features. These guidelines provide criteria for builders, planners, architects, landscape architects and civil engineers. They provide a basis for evaluating and directing the planning and design within the project area in the context of the surrounding area. These guidelines also provide a foundation for the development of more formalized Covenants, Conditions and Restrictions (C C & R's). The integration of these guidelines into C C & R's will guarantee design consistency throughout the development of the project site. Tangerine Commerce Park Specific Plan Marana, Arizona 124 Design Guidelines C. Commerce Park Design Guidelines These Design Guidelines are intended to: • Set design expectations for commercial projects to facilitate the review process that result in quality development. • Communicate with developers, architects, landscape architects, engineers and builders to ensure the desired design quality and character is maintained. • Assure the fair and consistent application of design objectives. • Encourage consistently high quality development. • Ensure safe, functional and attractive development. • Encourage projects appropriate to the context of the southwest environment. • Establish commercial guidelines for future development within Northwest Marana. Applicability: To achieve these Purposes, the Guidelines apply to all land uses designated as Commerce Park within the Tangerine Commerce Park Specific Plan. These guidelines should be used by developers when designing projects. The provisions set forth in this document identify the minimum level of design quality for commercial development. To that end, these guidelines are applied within the Commerce Park land use to effectuate the goals of encouraging and planning for high quality development. Each application for commercial development should demonstrate to what extent it incorporates these guidelines. Organization: The guidelines are divided into two sections: Site Planning and Building Design. Within each section are a number of design principles and measures that address the different elements of site and building design and environmental sensitivity. Tangerine Commerce Park Specific Plan Marana, Arizona 125 Design Guidelines FCO Large scale retail use with pedestrian amenities 1. Site Planning Planning for development on a site encompasses items such as its relationship to surrounding uses, building orientation on the site, pedestrian and vehicular circulation, efficiency of parking areas, screening of loading and utility areas, and the design of landscaping, signage and lighting. a. Building Orientation (1) Locate pad buildings closer to arterial intersections to provide a strong visual and pedestrian relationship to the street while taking in to account the queuing requirements of any drive throughs. When practical, locate some employee parking and service functions behind the building. (2) Orient gas canopies, drive-through lanes, service functions and accessory structures away from the intersection of arterial roadways. (3) Frame major project entries with structures, enhanced landscaping, distinctive entry features and/or public art. (4) In large multi -building projects, organize the site layout to provide functional pedestrian spaces, plazas and amenities between or in front of buildings. (5) Provide weather and sun protection, such as overhangs, awnings, canopies, etc. to provide shade and weather protection in areas with significant pedestrian activity. Tangerine Commerce Park Specific Plan Marana, Arizona 126 Design Guidelines b. Pedestrian Amenities and Hardscape (1) Design convenient pedestrian access to all adjacent streets. (2) Design sites to minimize pedestrian and vehicular conflicts. Where major pedestrian circulation paths cross -vehicular routes, provide a change in paving materials, textures or colors to emphasize the crossing or use decorative bollards to increase visibility, improve safety and enhance aesthetic appeal. (3) For commercial developments over 5 acres, provide pedestrian connections onsite to provide connectivity with adjoining development. (4) For commercial development with restaurants and more than 10 acres, design pedestrian amenities that allow for use and enjoyment of outdoor areas as a development focal point or centralized amenity. These should include a mix of pedestrian scaled features such as lighting, tables, drinking fountains, benches, seating walls, shade trees, raised landscape planters, water features, specimen trees, potted plants, information kiosks, botanical exhibits or art features. (5) Within commercial shopping centers over 10 acres, provide convenient pedestrian access to outlying parking areas. (6) On sites with more than ten acres, provide convenient bicycle parking in locations that do not interfere with pedestrian circulation. Disperse bicycle parking facilities throughout larger sites and locate them in convenient and visible areas. (7) Allow for outdoor dining and/or other amenities to enliven plazas and open space areas. Outdoor dining and pedestrian amenities should be separated or screened from vehicular traffic. (8) Use functional colonnades in shopping centers to provide sheltered areas for outside dining or other activities in designated areas. (9) Design pedestrian areas to incorporate a mix of structures such as colonnades, canopies, or trellis structures in combination with canopy shade trees. (10) On west and south exposures, design plazas, patios and pedestrian areas with architectural and landscape shade elements. Tangerine Commerce Park Specific Plan Marana, Arizona 127 Design Guidelines Pedestrian area with decorative paving, a water feature, scaled lighting, potted plants and landscape planters Pedestrian area with decorative paving and functional colonnades providing sheltered areas and outside dining areas. c. Vehicular Circulation and Parking Tangerine Commerce Park Specific Plan Marana, Arizona 128 Design Guidelines (1) Provide special paving treatments at primary site entrances. (2) To promote safe pedestrian access, provide sidewalks and do not place head -in parking spaces directly in front of large individual retail tenants over 30,000 square feet, with the possible exception of handicap spaces. (3) Strive to provide vehicular cross -access easements and shared access driveways between adjacent commercial projects. (4) Traffic calming devices are encouraged in the interior of a site to enhance safety. (5) For parking and utility screen walls, use the design pattern of the principal building's architectural theme. Articulate walls by using decorative columns and diversity in texture, material and alignment. Provide the decorative finish on all facades that are visible from areas routinely utilized by the general public. (6) Provide long-term storage of shopping carts either within the tenant space or adjacent to it, behind a decorative screening wall exceeding the height of the carts. Shopping cart storage may not encroach into accessible pathways. (7) For establishments that use parking lot shopping cart corrals, design corrals built with durable decorative materials complementing the building design. Unfavorable: Use material for shopping cart corrals and locate adjacent to landscape islands and Tangerine Commerce Park Specific Plan Marana, Arizona 129 Design Guidelines integrate materials and colors from the building design theme, Favorable: Place shopping cart corrals adjacent to landscape island with decorative finished materials (8) Use canopy trees in parking lots to break up the scale of large parking lots and provide shading. (9) In commercial developments larger than 15 acres, use an outer drive aisle to move vehicular traffic away from the aisle or aisles in front of store areas. d. Loading Areas and Accessory Equipment: (1) Design trash enclosures with decorative masonry walls and solid gates to match design features of the commercial development. (2) To the extent practicable, locate trash facilities, service and loading areas away from project entrances and major circulation aisles. (3) Paint concrete light pole bases and fixtures to match the primary color or accent color of the building or finish the bases to match parking screen walls. (4) Strive to locate ground -mounted utility cabinets where they do not conflict with prominent site views and can be screened from major streets and public areas. Paint cabinets and screen walls Tangerine Commerce Park Specific Plan Marana, Arizona 130 Design Guidelines to match the principal structure. Where space allows, provide landscaping in front of screening walls. (5) Strive to ensure that ground -mounted utility equipment and cabinets are level and at the grade of the surrounding area. (6) On final site plans identify the location of all proposed outdoor display and sales areas, including propane sales, vending machines, amusements and seasonal sales. Their location should not displace required parking and pedestrian or landscaping areas. (7) Finish or paint all exterior metal to match approved project colors. e. Signage (1) Locate freestanding signs on low planter walls or design monument signs to incorporate distinctive elements of the architectural style or theme of the development (2) Design directional signs with similar design elements as the project freestanding signs. (3) Design and locate signage to be visible from both pedestrian and vehicular areas. (4) Provide building signage that is proportional to the scale of the tenant fagade. All building and freestanding signs should be designed to further the design theme of the building and be consistent with the Town of Marana Land Development Code. (5) Illuminate letters, not sign backgrounds for freestanding signs. (6) Paint sign backgrounds and sign cabinets to complement building colors. (7) The use of reverse pan channel (halo) copy and pan channel copy is encouraged for building signage. (8) Generally, freestanding signage should use light copy with dark background. (9) Prominent color bands, painted accents, and striped awnings should complement and not dominate the architectural theme of the building Tangerine Commerce Park Specific Plan Marana, Arizona 131 Design Guidelines (10) All traffic related signs (including street -name signs) to be installed on on-site public roads shall conform to the Manual on Uniform Traffic Control Devices. Freestanding sign with poor design and poor quality materials f. Landscaping and Grading: (1) Design the project landscape theme to complement the "southwest" character and enhance project architecture. (2) Incorporate street frontage landscaping that integrates project landscaping with existing right of way landscaping where applicable. (3) Design arterial street intersection frontage with hardscape features, creative grading design, fountains, seasonal color, art or vertical landscape focal points. (4) For projects over 15 acres, provide a landscaped median at major entrances from arterial streets to separate ingress lanes from egress lanes. (5) For projects over 10 acres, create prominent focal points. Architectural structures, art, historical or landscape features should be located at the terminus of major project entry drives. (6) For projects over 10 acres, incorporate prominent entry features, vertical landscape forms or seasonal color at both vehicular and pedestrian project entrances. Tangerine Commerce Park Specific Plan Marana, Arizona 132 Design Guidelines (7) Incorporate canopy shade trees, landscape features and seating or other pedestrian amenities near colonnades, storefronts and pedestrian routes. (8) Provide significant foundation and/or accent plantings, including trees, around buildings to accentuate or screen building features. (9) Screen restaurant menu boards from adjacent public rights-of- way and off-site uses. (10) Coordinate landscaping plans with above and below ground utility location needs. (11) Screen the paved area of auto intense uses, such as service stations and convenience stores, from streets and major public use areas with a 3 -foot wall or a dense vegetative buffer. (12) Select all plant material from plant palette provided in the Appendix B section. (13) Avoid plant materials known to have invasive or destructive root systems, messy and/or staining fruit and/or brittle limbs. (14) Encourage state-of-the-art hydroseeding techniques by using drought tolerant species. (15) Promote massing and contouring of plant materials to accentuate natural forms and soften berms. (16) Irrigation systems should utilize low-water consumption using techniques such as "drip" irrigation. (17) Consider alternative protection techniques for plant material as deterrents to wildlife. (18) Above ground irrigation may be utilized to facilitate establishment of hydroseed. (19) Drive through facilities and stacking lanes shall be screened with a 5 -foot wide landscape screen. The entire length of the landscape screen shall be a minimum of 3 foot in height. The screen shall be located on the outside of the drive-through lane and shall screen queuing automobiles from any adjacent use. g. Lighting: (1) Provide pedestrian scale lighting fixtures in areas designed for pedestrian activity such as plazas, courtyards, pathways and Tangerine Commerce Park Specific Plan Marana, Arizona 133 Design Guidelines seating areas but excluding parking only areas. Select lighting fixtures that complement the general architectural style of the development. (2) Highlighting of unique or special features of the site, such as architectural features, specimen trees and artwork with accent lighting should be considered. (3) Use decorative wall -mounted sconces or light fixtures for exterior building lighting in areas routinely utilized by the general public. h. Public Art: (1) All buildings larger than 50,000 square feet shall provide public art. Adjacent property owners are encouraged to develop shared artwork, especially within any shared plaza areas. (2) Artwork should reflect the "Southwest" heritage of the area. (3) Artwork should be located so that it is reasonably visible or accessible to the public from a major road, open space area or building entrance. 2. Building Design a. Massing: The visual impact of a building depends not only on its size, but also on the relationship between its length, width and height. Also, such features as prominent entries, windows, color and materials are factors in the visual impression of a building. (1) Building mass should be broken into smaller elements, consistent with the proportions of the architectural style selected and surrounding uses. (2) In large multi -building projects, vary the size, massing and height of the buildings in relation to each other. (3) Architecture design shall be compatible with the development character of the neighboring area and the accepted sound design principals of the profession. Design compatibility includes complementary building style, form, color and materials. (4) Reduction of building mass may be achieved by using a combination of the following techniques: Tangerine Commerce Park Specific Plan Marana, Arizona 134 Design Guidelines • Variation in the rooflines and form. • Use of ground level arcades and covered areas. • Use of protected and recessed entries. • Use of vertical elements on or in front of expansive blank walls. • Use of pronounced wall plane offsets and projections. • Use of focal points and vertical accents. • Inclusion of windows on elevations facing streets and pedestrian areas. • Retaining a clear distinction between roof, body and base of a building. b. Design Articulate facades to provide a visual effect that is consistent with the southwest character and scale. (1) All facades, including back and side elevations of a building generally visible from public view should be architecturally treated and should reflect the overall design, colors and textures used on the front fagade. (2) Design multi -building projects to include consistent design elements throughout the project. (3) Building elevations should incorporate architectural features and patterns at a pedestrian scale. (4) Utilize architectural features, screen walls, landscaping and canopies to integrate any drive-through into the overall building design. (5) Fully screen roof -mounted mechanical equipment. (6) Along the front side of buildings, internalize roof drain elements within the building or an architectural feature such as columns (excepting at -grade discharge). (7) For all buildings, at least two of the elements listed below should repeat horizontally. Buildings with facades greater than 100 feet in length should include several of these elements, repeated at appropriate intervals, either horizontally or vertically: • Color change. (Should be recognizable, but not strongly contrasting.) • Texture change. • Material change. Tangerine Commerce Park Specific Plan Marana, Arizona 135 Design Guidelines • Architectural variety and interest through a change in plane such as offsets, reveals, archways or wall projections or recesses. (8) Wall elevations should terminate at a logical point such as a column or tower element. (9) Service and exit doors should be integrated into the architecture of publicly visible elevations. (10) Variations in rooflines or parapets should be used to reduce the scale of commercial buildings. Roof size, shape, material, color and slope should be coordinated with the scale and theme of the building. • Parapets for concealing flat roofs should feature three dimensional cornice treatments when at the ends or corners of buildings. Where not used in conjunction with other roof elements, parapets should vary in height and have a finished depth at building corners. • The size of all roof elements should be appropriate to the size and scale of roofing materials used. • Buildings with sloping roofs should include multiple planes. (11) Solid and soft or open areas (windows, entryways, arbors, porches, arcades, etc.) of the fagade should be arranged to create a relationship that complements the architectural style of the structure. Predominant exterior building materials should be of high quality and durable. These include, but are not limited to: • Brick. • Stone, natural or faux. • Integral color, sand blasted or stained textured masonry. • Split -face or scored concrete masonry units. • Textured tilt -up concrete panels. • Stucco/EFTS. • Metal roofs. • Concrete and clay tile roofs. • Clear and tinted glass. • Architectural metal. (12) Predominant exterior building materials should not include the following: • Un -textured tilt -up concrete panels. • Pre -fabricated steel panels. Tangerine Commerce Park Specific Plan Marana, Arizona 136 Design Guidelines • Corrugated metal — (Corten or rust finish acceptable as an accent element). • Asphalt shingle roofs. • Highly reflective glass. • Wood. (13) Predominant facade colors should posses low reflectivity characteristics, and respect the diversity of color in the southwest. The use of bright color schemes should be justified by the overall design, and may not be appropriate in many contexts. (14) Building trim and accent areas may feature different building materials and different colors than the building field color, including use of bright colors, if compatible with the architectural design. (15) Buildings should have clearly defined customer entrance(s) incorporating elements such as: • Canopies or porticos. • Overhangs. • Recesses/projections. • Arcades. • Raised corniced parapets over the door. • Peaked roof forms. • Arches. • Entrance framed by outdoor pedestrian features or enhanced landscaping. • Architectural details such as tile work and moldings integrated into the building structure to frame the entryway. • Integral planters or wing walls that incorporate landscaped areas and/or sitting areas. • Enhanced pedestrian surfaces. Tangerine Commerce Park Specific Plan Marana, Arizona 137 Design Guidelines (16) Exterior building design and detail shall be coordinated with regard to color, types of materials, fagade treatment, height, and site and landscape treatment. (17) All vents, flues, downspouts, electric meters, transformers, and similar elements shall be painted to match the color the adjacent surface, unless being used expressly as a trim or accent element. (18) Exterior materials shall be durable and of high quality. Highly reflective materials are discouraged. (19) All roof top equipment must be fully screened from view from any street, public way, or from any site within the area. 3. Freestanding Accessory Structures Enclosed service/refuse areas should be designed to be an integral part of the building architecture. The forms, colors, textures and materials used on the main building should be applied to all sides of these structures generally visible from areas routinely used by the general public. Tangerine Commerce Park Specific Plan Marana, Arizona 138 Appendix A: Legal Description Parcel 1 That part of the West half of Section 6, Township 12 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County, Arizona, lying Southwesterly of the Tucson -Casa Grande Highway and/or Interstate 10 as the same exists on September 16, 1985. Excepting that real property conveyed to Cortaro-Marana Irrigation District, a political subdivision recorded as Docket 1968, Page 587, described as follows: BEGINNING at a point on the West line of Section 6, Township 12 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County, Arizona, said point lying South 00027'03" East, 47.46 feet form the Northwest corner of said Section 6. THENCE South 77054'33" East, 154.06 feet; THENCE South 50012'48" East, 300.00 feet; THENCE South 56029'26" East, 1728.56 feet; THENCE South 50012'48" East, 929.7 feet to the mid-section line of said Section 6; THENCE South 00009'58" East, along said mid-section line, 32.83 feet THENCE North 50012'48" West, 951.31 feet; THENCE North 56029'26" West, 1728.56 feet; THENCE North 50012'48" West, 393.84 feet; THENCE North 77054'33" West, 147.9 feet to the said West line of Section 6; THENCE North 00027'03" West, 25.00 feet along said West line of the POINT OF BEGINNING; FURTHER EXCEPTING all that portion of the Southwest Quarter of Section 6, Township 12 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County, Arizona, said parcel being more particularly described as follows: BEGINNING at the West Quarter corner said Section 6, said point also being the TRUE POINT OF BEGINNING: THENCE North 89029'21" East, a distance of 2524.74 feet, to the center of said Section 6; THENCE South 00037'12" East, a distance of 2641.70 feet, to the South Quarter corner of said Section 6; Tangerine Commerce Park Specific Plan Marana, Arizona 139 Appendix A: Legal Description THENCE South 89034'15" West, a distance of 2522.53 feet, to the Southwest corner of said Section 6; THENCE North 00040'06" West, a distance of 2638.11 feet, to the TRUE POINT OF BEGINNING. Parcel 2 The Northwest Quarter and the East Half of the Northwest Quarter of Section 1, Township 12 South, Range 11 East, Gila and Salt River Base and Meridian, Pima County, Arizona. Excepting those portions of real property conveyed to the Town of Marana in Docket 6629, Page 774 described as follows: The North 15 feet of the West 3931.48 feet of Section 1, Township 12 South, Range 11 East Gila and Salt River Base and Meridian, Pima County, Arizona; and Further excepting the following described parcel of land conveyed in Docket 10808, Page 824, as to Parcel 1, described as follows: All of that portion of Section 1, lying within the East half of the Northwest Quarter and the Northeast Quarter of Section 1, Township 12 South, Range 11 East, Gila and Salt River Base and Meridian, Pima County, Arizona, Being more particularly described as follows: BEGINNING at the North Quarter of corner of Section 1, THENCE South 89051'27" West, a distance of 1321.06 feet to the Northwest corner of the East half of the Northwest Quarter of said Section 1; THENCE South 00013'10" East, a distance of 300.00 feet, to a TRUE POINT OF BEGINNING; THENCE North 89027'52" East, a distance of 132.15 feet, to a point in the West line of the Northeast Quarter of said Section 1; THENCE North 89027'52" East, a distance of 835.94 feet; THENCE 45029'41" East, a distance of 835.15 feet; THENCE 31036'25" West, a distance of 350.63 feet to a point of curvature; THENCE Southerly along the arc of a circular curve concave to the East having a radius of 600.00 feet, a central angle of 32003'27", an arc length of 335.70 feet to a point of tangency; Tangerine Commerce Park Specific Plan Marana, Arizona 140 Appendix A: Legal Description THENCE South 00°27'01" East, a distance of 1,132.65 feet, to a point in the South line of the Northeast Quarter of said Section 1; THENCE South 89025'19" West, along said South line, a distance of 1,142.52 feet to the center of said Section 1; THENCE South 89025'14" West, a distance of 1,321.32 feet, to the Southwest corner of the East half of the Northwest Quarter of said Section 1; THENCE North 00036'48" West, a distance of 2,340.63 feet, to the TRUE POINT OF BEGINNING. Parcel 3 All of that portion of Section 1, lying within the East Half of the Northwest Quarter and the Northeast Quarter of Section 1, Township 12 South, Range 11 East, Gila and Salt River Base and Meridian, Pima County, Arizona, said parcel being more particularly described as follows: BEGINNING at the North Quarter corner of said Section 1; THENCE South 89051'27" West, a distance of 1321.06 feet to the Northwest corner of the East Half of the Northwest Quarter of said Section 1; THENCE South 00013'10" East, a distance of 300.00 feet to the TRUE POINT OF BEGINNING: THENCE North 89051'27" East, a distance of 1321.06 feet to a point in the West line of the Northeast Quarter of said Section 1; THENCE North 89051'13" East, a distance of 835.94 feet; THENCE South 45006'06" East, a distance of 835.15 feet; THENCE South 32000'00" West, a distance of 350.63 feet to a point of curvature; THENCE Southerly along the arc of a circular curve concave to the East having a radius of 600.00 feet, a central angle of 32003'27", an arc length of 335.70 feet to a point of tangency; THENCE South 89048'57" West along said South line, a distance of 1142.12 feet to the center of said Section 1' THENCE continue South 89048'57" West, a distance of 1321.27 feet to the Southwest corner of the East Half of the Northwest Quarter of said Section 1; THENCE North 00013'10" West, a distance of 2340.52 feet to the TRUE POINT OF BEGINNING. Tangerine Commerce Park Specific Plan Marana, Arizona 141 Appendix A: Legal Description Parcel 4 All of that portion of Section 6, Township 12 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County, Arizona, lying East of the Tucson Aqueduct Reach #4, as shown by Plan #344-330-14052 dated August 01, 1990 and lying Southwesterly of Interstate 10 Highway #10, said parcel being more particularly described as follows: BEGINNING at the West Quarter corner of said Section 6' THENCE North 89051'55" East, along the South line of the Northwest Quarter of said Section 6, a distance of 173.41 feet to the TRUE POINT OF BEGINNING; THENCE North 00003'26" West, along the East line of Reach #4, a distance of 1291.23 feet; THENCE continue along said East line North 40021'34" East, a distance of 655.02 feet; THENCE South 56005'43" East, a distance of 1546.61 feet; THENCE South 70023'55" East, a distance of 682.40 feet to a point in the East line of the Northwest Quarter of said Section 6; THENCE South 00012'44" East, along said East line, a distance of 693.18 feet to the center of said Section 6' THENCE South 89051'55" West, along the South line of said Northwest Quarter, a distance of 235.94 feet to the TRUE POINT OF BEGINNING. Parcel 5 All that portion of the Southwest Quarter of Section 6, Township 12 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County, Arizona, said parcel being more particularly described as follows: BEGINNING at the West Quarter corner of said Section 6, said point also being the TRUE POINT OF BEGINNING, THENCE North 89051'55" East, a distance of 2525.35 feet to the center of said Section 6, THENCE South 00°12'44" East, a distance of 2642.10 feet to the South Quarter corner of said Section 6; THENCE South 89057'52" West, a distance of 2516.40 feet to the Southwest corner of said Section 6; Tangerine Commerce Park Specific Plan Marana, Arizona 142 Appendix A: Legal Description THENCE North 00024'25" West, a distance of 2637.77 feet to the TRUE POINT OF BEGINNING. Tangerine Commerce Park Specific Plan Marana, Arizona 143 MAJOR STREETSCAPE TREES Appendix B: Plant Palette Acacia spp. Acacia Species Cercidium hybrid "Desert Museum" Desert Museum Palo Verde Littleleaf or Foothill Palo Verde Cercidium microphyllum Cercidium praecox Palo Brea Prosopis (So. Am. hybrid) Thornless Mesquite (So. Am. hybrid) Prosopis chilensis Chilean Mesquite SHRUBS Caesalpina gilliesii Yellow Bird of Paradise Dasilirion wheeleri Desert Spoon Encelia farinosa Brittle Bush Hersperaloe paviflora Red Yucca Leucophyllum spp. Texas Ranger Species ACCENT PLANTS Agave spp. Agave Species Carnegiea gigantea Saguaro Dasylirion acrotriche Green Desert Spoon Echinocactus grusonii Golden Barrel Ferocactus spp. Barrel Cactus Fouquieria splendens Ocotillo Hesperaloe parviflora Red Yucca, Red Flowered Hesperaloe Yucca brevifolia Joshua Tree Yucca elata Soaptree Yucca Tangerine Commerce Park Specific Plan Marana, Arizona 144 GROUND COVER Calylophus hartwegii Ganzania rigens Gazania rigens leucolaena Lantana camara Lantana montevidensis Verbena peruviana SECONDARY STREETSCAPE TREES Acacia spp. Chilopsis linearis Prosopis chilensis Prosopis velutina SHRUBS Agave spp. Caesalpina gilliesii Cassia artemisoides Cassia nemophila Cassia phyllodinea Hersperaloe paviflora Leucophyllum spp. Appendix B: Plant Palette Calylophus Treasure Flower Gazania Trailing Gazania Bush Lantana (many cultivars) Trailing Lantana Peruvian Verbena Acacia Species Desert Willow Chilean Mesquite Velvet Mesquite Agave Species Yellow Bird of Paradise Feathery Cassia Desert Cassia Silvery Cassia Red Yucca Texas Ranger Species Tangerine Commerce Park Specific Plan Marana, Arizona 145 ACCENT PLANTS Carnegiea gigantea Dasylirion acrotriche Echinocactus grusonii Ferocactus spp. Fouquieria splendens Hesperaloe parviflora Yucca brevifolia Yucca elata GROUND COVER Calylophus hartwegii Ganzania rigens Gazania rigens leucolaena Lantana camara Lantana montevidensis Verbena peruviana Appendix B: Plant Palette Saguaro Green Desert Spoon Golden Barrel Barrel Cactus Ocotillo Red Yucca, Red Flowered Hesperaloe Joshua Tree Soaptree Yucca Calylophus Treasure Flower Gazania Trailing Gazania Bush Lantana (many cultivars) Trailing Lantana Peruvian Verbena ACCENT TREES AT ENTRIES/INTERSECTIONS Sophora secundiflora Texas Mountain Laurel Tangerine Commerce Park Specific Plan Marana, Arizona 146 Appendix B: Plant Palette Plant Key for Berm Planting Tree List A (6 per 100 feet) Prosopis Velutina Velvet Mesquite 15 gal. Ecalyptus Microtheca Tiny Capsule Eucalyptus 15 gal. Eucalyptus Polyanthemos Silver Dollar Gum 15 gal. Acacia Smallii Sweet Acacia 15 gal. Tree List A (6 per 100 feet) Acacia Stenophylla Pencilleaf Acacia 15 gal. Acacia Willardiana Palo Blanco 15 gal. Cercialum Sonorae Sonoran Palo Vede 15 gal. Celtis Reticulata Western Hackberry 15 gal. Cupressus Arizonica Arizona Cypress 15 gal. Shrub List A (18 per 100 feet) Larrea Tridentata Creasote Bush 5 gal. Leucophyllum Spp. Texas Ranger 5 gal. Salvia Clevelandii Cleveland Sage 5 gal. Sophora Secundiflora Mescal Bean 5 gal. Simmondsia Chinensis Jojoba 5 gal. Shrub List 8 (22 per 100 feet) Agave Huachucensis Huachuca Agave 5 gal. Agave Palmeri Palmer Agave 5 gal. Calliandra California Baja Fairy Duster 5 gal. Convolvulus Cneorum Bush Morning Glory 5 gal. Dalea Pulchra Indigo Bush 5 gal. Dasylirion Wheeleri Desert Spoon 5 gal. Hesperaloe Parviflora Red Yucca 5 gal. Salvia Gregh Texas Red Salvia 5 gal. Rosmarinus Officialis Bursh Rosemary 5 gal. Ground Cover List (20 per 100 feet) Acacia Redolens Prosttrate Acacia 1 gal. Convovulus Mauritanicus Ground Morning Glory 1 gal. Lantana Montevidensus Trailing Lantana 1 gal. Rosmarinus Off. Prostrate Trailing Rosemary 1 gal. Plant Key for Resource Extraction Slope Planting Tree List A (3 per 1, 000 square feet) Prosopis Velutina Velvet Mesquite 15 gal. Ecalyptus Microtheca Tiny Capsule Eucalyptus 15 gal. Eucalyptus Polyanthemos Silver Dollar Gum 15 gal. Acacia Smallii Sweet Acacia 15 gal. Tree List A (3 per 1, 000 square feet) Tangerine Commerce Park Specific Plan Marana, Arizona 147 Appendix B: Plant Palette Acacia Stenophylla Pencilleaf Acacia 15 gal. Acacia Willardiana Palo Blanco 15 gal. Cercialum Sonorae Sonoran Palo Vede 15 gal. Celtis Reticulata Western Hackberry 15 gal. Cupressus Arizonica Arizona Cypress 15 gal. Shrub List A (9 per 1,000 square feet) Larrea Tridentata Creosote Bush 5 gal. Leucophyllum Spp. Texas Ranger 5 gal. Salvia Clevelandii Cleveland Sage 5 gal. Sophora Secundiflora Mescal Bean 5 gal. Simmondsia Chinensis Jojoba 5 gal. Shrub List 8 (11 per 1,000 square feet) Agave Huachucensis Huachuca Agave 5 gal. Agave Palmeri Palmer Agave 5 gal. Calliandra California Baja Fairy Duster 5 gal. Convolvulus Cneorum Bush Morning Glory 5 gal. Dalea Pulchra Indigo Bush 5 gal. Dasylirion Wheeleri Desert Spoon 5 gal. Hesperaloe Parviflora Red Yucca 5 gal. Salvia Gregh Texas Red Salvia 5 gal. Rosmarinus Officialis Bursh Rosemary 5 gal. Ground Cover List (10 per 1,000 square feet) Acacia Redolens Prosttrate Acacia 1 gal. Convovulus Mauritanicus Ground Morning Glory 1 gal. Lantana Montevidensus Trailing Lantana 1 gal. Rosmarinus Off. Prostrate Trailing Rosemary 1 gal. Tangerine Commerce Park Specific Plan Marana, Arizona 148 Parking Lot TREES Celtis reticulata Cercidium floridum Prosopis chilensis Quercus Virginana "Heritage" SHRUBS Atriplex spp. Pithecellobim flexicaule Salvia chamaedryoides Salvia columbariae Salvia greggii Senna wislizenii GROUND COVER Calylophus hartwegii Ganzania rigens Gazania rigens leucolaena Lantana camara Lantana montevidensis Verbena peruviana Appendix B: Plant Palette Netleaf Hackberry Blue Palo Verde Chilean Mesquite Southern Live Oak Atriplex Species Texas Ebony Blue Sage Chia Texas Red Salvia, Autumn Sage Cassia, Shrubby Senna Calylophus Treasure Flower Gazania Trailing Gazania Bush Lantana (many cultivars) Trailing Lantana Peruvian Verbena Tangerine Commerce Park Specific Plan Marana, Arizona 149 Appendix B: Plant Palette Prohibited Plant List Acacia stenophylla Pencilleaf Acacia Acacia willardiana Palo Blanco Baccharis sarothroides (male plants Desert Broom only) Baccharis sarothroides "Centennial" Centennial Eucalyptus camaldulensis Red River Gum Eucalyptus campaspe Silver Gimlet Eucalyptus formanii Eucalyptus Eucalyptus leucoxylon (rosea) White Iron Bark Eucalyptus microtheca Tiny Capsule Eucalyptus Eucalyptus polyanthemos Silver Dollar Gum Eucalyptus rudis Desert Gum Eucalyptus spathulata Swamp Mallee Euphorbia antisyphilitica Wax Plant, Candelilla Juniperus chinensis Juniper (many cultivars) Juniperus deppeana Alligator Bark Juniper Juniperus sabina Sabine Juniper Parkinsonia aculeata Mexican Palo Verde Phoenix canariensis Canary Island Date Palm Phoenix dactylifera Date Palm Pinus edulis Pinon Nut Pine Pinus eldarica Afghan Pine Pinus halepensis Aleppo Pine Pinus monophylla Singleleaf Pinon Pine Pinus pinea Italian Stone Pine Pinus roxburghii Chir Pine Pistacia atlantica Mt. Atlas Pistache Schinus molle California Pepper Tree Tamarix aphylla Athel Tree, Tamarisk Washingtonia filifera California Fan Palm Washingtonia robusta Mexican Fan Palm Zizyphus jujuba Chinese Date Tangerine Commerce Park Specific Plan Marana, Arizona 150 Appendix D: Calmat Ordinance (1) Town of Marana Land Development Code: Title 5 - Zoning, Section 05.06 Specific Plans, revised August 1995. Title 10 - Procedures, revised August 1995. Title 16 - Sign Code Title 18 - Outdoor Lighting Title 19 - Standards for Grading and Related Site Work, revised August 1995. Title 20 - Protection of Native Plants, revised August 1995. (2) Town of Marana General Plan, ratified 2003. (3) Northwest Marana Area Plan, adopted October 17, 2000. (4) Marana Transportation Plan Update 2001-2025, adopted June 19, 2001 (5) Town of Marana Trail System Master Plan, September 2000 (6) Pima County Hydrology Map, Pima County, Arizona. (7) Arizona Department of Mines Regulations, Phoenix, Arizona. (8) Eastern Pima County Trail System Master Plan, Pima County, Arizona (9) Aerial Photographs - Cooper Aerial 2003 (10) Pima County Land Information System PCALIS, April 2003 (11) CALMAT Specific Plan, adopted September 15, 1987, amended December 17, 1996 (12) Town of Marana GIS Department, April 2005. Tangerine Commerce Park Specific Plan Marana, Arizona 151 Appendix D: Calmat Ordinance MARANA ORDINANCE NO. 2003.XX AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AMENDING THE CALMAT SPECIFIC PLAN TO ALLOW FOR THE CONTINUED USE OF PLANT SITE/STORAGE AUTHORIZED BY ORDINANCE 96.49 UNTIL JUNE 14, 2004. WI1EREAS, the Mayor and Town Council of the Town of Marana authorized a temporary plant sit/storage location on band contained within the Calmat Specific Plan pursuant to Ordinance No. 96.49, which was to expire after seven (7) years; and WHEREAS, the owner of the properties contained within the Calmat Specific Plan wishes to continue the plant site/storage use beyond the expiration of this authorized use; and WHEREAS, the owner of the properties contained within the Calmat Specific Plan recently acquired lands contained within the plan area; and WHEREAS, The Town and the property owner both wish to make comprehensive amendments to the Calmat Specific Plan. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the 'Town of Marana, Arizona, as follows: Section 1: The amendment of the Specific Plan for Calmat is hereby adopted, modifying condition 2 of Ordinance 96.49 to permit the PS/S site authorized for seven (7) years to be extended in authorization until June 14, 2004. Section 2: 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. 2003.20. Section 3: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions hereof. Tangerine Commerce Park Specific Plan Marana, Arizona 152 Appendix D: Calmat Ordinance TOWN COUNCIL TOWN MEETING OF INFORMATION MARANA DATE: December 16, 2003 AGENDA ITEM: TO: Mayor and Council FROM: Fames R. DeGrood, P.E., Development Services Administrator SUBJECT: Ordinance 2003.xx, Calmat Specific Plan Amendment Time Extension DISCUSSION; The Town of Marana approved the Calmat Specific Plan on September 15, 1987. In that Specific Plan, the location of the plant site for the processing of aggregate and production of concrete was to be located in the extreme southeastern portion of the Specific Plan area, abutting the Arizona Portland Cement plant site. On December 17, 1996 the Mayor and Council approved an amendment to the Calmat Specific Pian which temporarily relocated the plant site to a more central portion of the Specific Plan area, principally to avoid the threat of the Santa Cruz River. The permission to use this plant site was to terminate within 7 years or upon the initiation of Phase 2 of the project. The expiration of the Specific Plan Amendment based upon the time limit is imminent. Staff has been meeting with representatives of CEMEX, which has recently consolidated ownership of the specific plan area. CEMEX desires not only to extend the life of the existing plant site, but also make significant revisions to the specific plan. Staff shares the desire to revise the specific plan, in order to address contemporary issues, particularly transportation issues. Staff has received a formal request to extend the duration of the Specific Plan Amendment for 180 days to allow for a more comprehensive specific plan amendment process which will address transportation, flood control and recreation issues in the plan. RECOMIVIENDATION: Staff recommends the approval of the specific plan amendment time extension for a period of 180 days. SUGGESTED MOTION: I move approval of Ordinance 2003.xx Tangerine Commerce Park Specific Plan Marana, Arizona 153 Appendix D: Calmat Ordinance PASSED ,AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 16" day of December, 2003. ATTEST: Jocelyn C. Bronson Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Mayor BOBBY SUTTON, JR. Tangerine Commerce Park Specific Plan Marana, Arizona 154 Appendix D: Calmat Ordinances ORDINANCE NO. 87.17 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOW14 OF HAMA, ARIZONA ADOPTING A SPXCIFIC PLAN FOR THE CALMAT COMPANY WHEREAS the Planning Commission of the Town of Harana, after a public hearing, has recommended approval of a Specific Plan as submitted by the CalHat Company for lands owned by it within the corporate limits of the Town of Marano; and WHEREAS the Harana Town Council has held a public heating with respect to the Specific Plan submitted by the CalMat Company; and WWWRAS the Harana Town Council desires to maintain its proper role In shaping future development within its existing boundaries; and VHZREAB the Harana Form Council has determined that the Specific pian submitted by the CalHat Company is desirable for the continued development of the Town of Harana; and WHEREAS the requirements of A.R.S. section 9-461.09 have been complied with. NOW, THERSFORS, BB IT ORDAINED that the Town Council of the Toren of Marana, Arizona does hereby adopt the Specific Plan proposed by the Ca1Hat Company as more fully act forth in that document entitled "calmat specific Plan, Fourth Draft, dated July 7, 1987". WRMBAs the immediate operation of this Ordinance is necenary for the preservation of the public peace, health and safety of the Town of Harana, an emergency is hereby declared to exist, and this ordinance shall be In full force and effect from and after its passage, adoption and approval by the Torn Council of the Town of Harana. PASSED, ADOPTED AND APPROVED Eept2ae6er , 1987. ATTEST: Town ClArk this 15th day of Mayor Tangerine Commerce Park Specific Plan Marana, Arizona 155 Appendix D: Calmat Ordinances MARANA ORDINANCE NO. 95.49 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE. TOWN OF MARANA, ARIZONA, AMEKDR4G THE CALMAT SPECIFIC PIAN, C IIANGING PRESENT RESOURCE EXTRACTION OF APPROXIMATELY 95 ACRES AND AGRICULTURAL OF APPROXIMATELY 30 ACRES TO RESOURCE EXTRACTION OF APPROXIMATELY 93.7 ACRES AND PLANT SITEJSTORAGE OF APPROXIMATELY 31.3 ACRES. WHEREAS, the Town Council did, on September 15, 1987, adopt Marana Town Ordinance No. 87.17 adopting the CalMat Specific Plan; and WfIE E,AS, C.alMai Co. currently owns and is developing that area within the Town of Marana which is subject to the CalMat Specific Plan; and WHEREAS, the owner, through the applicant, Lee Edmonson, has applied to the Town of Marana to change the present resource extraction of approximately 95 acres and agricultural of approximately 30 acres to resource extraction of 93.7 acres and plant siteistorage of approximately 31.3 acres; and WHEREAS, the Marana Planning Commission held a public hearing on the amendment request on July 3l, 1996, and voted 5-0 to recommend that the Town Council grant the amendment to the ,.— CalMat Specific Plan changing the present resource extraction of approximately 95 acres and agricultural of approximately 30 acres to resource extraction of 93,7 acres and plant sit+eJstorage of approximately 31.3 acres; and WHEREAS, the Town Council of the Town of Marana held a public hearing on the rezoning request on December 17, 1996, to obtain public input on the amendment to the CalMat Specific Plan changing the zoning of Phase i, and believes that said change of zoning is in the best interests of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona as follows: Section 1: The amendment to the Specific Plan for CalMat is hereby adopted, changing the present resource extraction of approximately 95 acres and agricultural of approximately 30 acres to resource extraction of 93.7 acres and plant site/storage of approximately 31.3 acres, as more particularly described in Exhibit A, attached hereto and incorporated herein by this reference, subject to the following conditions: Installation of vegetation buffers and landscaping must occur for issuance of a building permit. 2_ The new PSfS site and the original land use layout shall roll back into their original Phase I layout by Phase 11 or within seven (7) years, whichever occurs first. A two hundred (200) foot buffer shall be provided on the eastern side of the property as it abuts Rillilo. Mann,, Ariwm Ordinanca 96.49 Page I of 2 Tangerine Commerce Park Specific Plan Marana, Arizona 156 Appendix D: Calmat Ordinances Section 2: AH ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the council in conflict with the provisions of this ordinance are hereby repealed, effective as of tate effective date of this ordinance. Section 3: Ifany sectim subsection, sentence, clause, phrase or portion of this ordinance or any part of the code adopted herein by this reference 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 thereof. PASSED AND ADOPM by the Mayor and Council of the Town of Marana, Arizona, this 17th day of December, 1996. Mayor EIJ H©NEA ATTEST -- a 0 ase •— APPROVED AS TO FORM: ie . ochuli Town Attorney x kr". Arixaaa Ordinance 96.49 Page 2 of 2 Tangerine Commerce Park Specific Plan Marana, Arizona 157 Appendix D: Calmat Ordinances EXHIBIT A M x `z 0 Tangerine Commerce Park Specific Plan Marana, Arizona 158 Appendix E: Resource Extraction Plan Introduction Resource Extraction provides essential maintenance of roads and economic growth within the Northwest Marana community. The sand and gravel produced by extraction operations is the main ingredient of concrete and asphalt, materials that are critical for road maintenance, development and for the building industry. Hauling distance from extraction site to the consumer significantly impacts the cost of these materials. As a result, sand and gravel extraction operations generally occur near urbanizing areas, but also must be located only where material is made available by nature. The Santa Cruz River has proven to be the best source of these deposits in the Tucson and Marana area. The location of this resource extraction activity will facilitate delivery of cost-effective materials for roads and building activity helping builders and contractors maintain affordability while delivering quality roads, housing and commercial structures. Resource Extraction also provides a significant number of jobs in the local economy. The Tangerine Commerce Park Specific Plan provides a plan for integrating resource extraction activity with commercial development. Through the buffering and perimeter treatments required by the Specific Plan, the proposed commercial development provides a compatible and economically productive land use adjacent to the extraction operation, while buffering the extraction operation from the adjoining public roadways. Regulatory Requirements The Specific Plan also provides a regulatory framework for maintaining and operating this resource within the context of the surrounding community by incorporating the following elements. 1. Engineering Plan Requirements. Pursuant to the Specific Plan, prior to commencement of development within each new phase, an engineering plan shall be provided to the Town of Marana showing proposed grading, all hydrological parameters, and any required mitigation to inhibit slope erosion. 2. Landscape Requirements. Within each phase of the Resource Extraction Area, the resource extraction operator is to provide the perimeter berms and appurtenant landscaping to provide long term aesthetic enhancement along the project perimeter. Upon completion of the perimeter slopes within each phase, the resource extraction operator is to provide hydroseeding of all perimeter slopes within the excavated area. Seeding is to be established with irrigation as required and upon establishment of the seeding, the resource extraction operator is to provide the Town with a soils engineer certification that perimeter slopes are stable. The Specific Plan also provides for financial assurances for implementation of the required landscaping. 3. Buffering Requirements. The regulations within the specific plan prohibit commencement of resource extraction within 300 feet of the adjoining property until such time as the 8 -foot high perimeter berm has been established. Additionally, when the existing plant site is Tangerine Commerce Park Specific Plan Marana, Arizona 159 Appendix E: Resource Extraction Plan relocated to the future phase area, it will be located at an elevation within the future resource extraction area that minimizes visibility to the surrounding property in accordance with the development regulations in the specific plan. 4. Inspection Requirements. The resource extraction operator is required to provide annual reports to the Town which including a status report on excavation activity as well as the compliance status for any applicable landscaping requirements. On a biannual basis the report is to be accompanied by a current aerial photograph. In addition, the resource extraction operator is to inspect all perimeter slopes at least once every three months and implement repairs of areas with significant erosion within 60 days after the inspection. These quarterly inspection reports shall be submitted to the Town with the annual report. Resource Extraction Operation Resource Extraction for sand and gravel commences with removal of a top layer of material (overburden) that typically has minimal product value. However, this overburden is a vital parl for plant health and well being, and is typically utilized for the perimeter berms, or retained onsite for future slope establishment. Then aggregate material is excavated and processed into building materials using a variety of separating techniques including mechanical separation equipment and settling ponds. Resource Extraction Phasing There are four planned phases for the site as identified in Figures 1-4. The Phase 1 area is where previously resource extraction was previously approved by the Town and includes ongoing resource extraction activity, a settling pond, and an existing plant site. Phase 1 is also where storm water is to be diverted to facilitate improvement of Tangerine Farms Road and the commercial development within the Specific Plan. Phase 2 is a southward expansion of the resource extraction activity within Phase 1. Access to Phase 1 and 2 is currently provided from Calmat Drive to the frontage road. Upon conversion of the frontage road to a one way road or development of the commercial land that access goes through, the resource extraction operator will cause access to be redirected to Tangerine Road. Resource extraction for Phase 3 will commence on the west side of the property. Extraction activity in this area will then allow for relocation of the plant site at an elevation that is approximately 40 feet below the current surrounding land surface elevation to buffer the plant area and minimize the viewshed impact of the facility. After the plant site is relocated, resource extraction for the existing plant site will also be commenced. It is also anticipated that future approvals by the Town could potentially provide for resource extraction in the area south of the Specific Plan. The Phase 4 activity (if authorized by future approvals) depicts the contouring associated with integration of the Phase 3 area and the potential extraction activity to the south. Tangerine Commerce Park Specific Plan Marana, Arizona 160 Appendix E: Resource Extraction Plan Restoration Restoration is a continuous process that will be done with each phase of the project as provided for under the regulatory requirements. Restoration activities include providing an engineered slope and landscaping of the perimeter slopes extraction. This will allow the resource extraction area to be utilized again for agriculture, and continue to provide for storm water management and groundwater recharge after completion of resource extraction activity. Tangerine Commerce Park Specific Plan Marana, Arizona 161 S �. f {.tom ^' -_ i'.+ '+* 1 � � • ; � w ., -'... res.'=%"�,�: •. ,.�;'`' n i J V r Lr- r y MZ m C OW) / • a / M c� ro � ow m m n o y z9 `dk wK � 0 m C�7� zy 1••ri o mZ ✓ 4 ``SII M> N O nN zp a m. o I .r z i •Y • A c� ro � ow m m n o y z9 `dk zn m >o � 0 m C�7� zy 1••ri o mZ ✓- M> N O nN zp a m. o z A y m m m ' m ' r m m m m i m m i m m m its y v I 0 m 2 'i � q a s o C) O V I I D C n c \—1 aa� N O O> a r z o � m r YN m m m m m m m m r m m m m ■iw i m m m m . st �{ ti o , , r r' II s •'� J �.?s..� ' y � t . • '�S i'� f ��, A. � ur .. � 2 III 7 f'M.aw� � � C f I o i 0 , rr _ D s f ,. ;0� m Z S n MO 6c I _ •I � I G pp _ r .', ~ / �'• �-$ ! ' �_ /.n .lam .�.. •� '- - . � .rte• .. `f6 i a ' -9 •s 1N3Vl3SV3 d'V'O ilv II ' OWN -a?8/6— • ffl ARNM L, ��• Ir' � � ..•. ,� a�+�'R� r y- 'r � . oma' 3 / < ,• V% J »-( m S►1hlsY r ! G�� mo 1'�F' � Z cn , t , r " r MNM l -i 9 by O Po T j (� ✓Y \�y J M i mQT 5 C M S fpi j m X Z � y m O Dmp o O �]�'V�VI� �-� DO D � � � T➢ o—d-t 'fir ✓� F"y y -1 11/IY�,J W Z �9 o Q c = z a r < � z o H r N z = = = m M = M IM = M = r = = = cn O j•�� OTS N A m �j ,Z�1m z9 A p >9 z z AI v z V m A m N l9 O o �Z n� Appendix F: Development Agreement Tangerine Commerce Park Specific Plan Marana, Arizona 162 t t H MARANA RESOLUTION NO. 2005-157 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY EXCHANGE AND DEVELOPMENT AGREEMENT WITH CEMEX, INC., AND COTTONWOOD PROPERTIES, INC., REGARDING THE TANGERINE COMMERCE PARK DEVELOPMENT PROJECT. WHEREAS, CEMEX, Inc., and Cottonwood Properties, Inc., desire to finalize a specific plan for the development of Tangerine Commerce Park; and WHEREAS, CEMEX, Inc., Cottonwood Properties, Inc., and the Town desire to enter into a right-of-way exchange and development agreement to further clarify the obligations of the parties relative to the development of the property pursuant to the specific plan for Tangerine Commerce Park; and SAS, the Mayor and Council find that the terms and conditions of the proposed Tangerine Commerce Park Right -of -Way Exchange and 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 right-of-way exchange and development agreement between the Town of Marana, CEMEX, Inc., and Cottonwood Properties, Inc., 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. BE IT FURTHER RESOLVED that the Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the aforementioned agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 20th day of December, 2005. Mayor kd Honea A TTDOT. (00001593.DOC /) FJC/c& 12/14/05 F. ANN RODRIGUEZ, RECORDER DOCKET: 12706 . RECORDED BY: PH Of P�Iilr _ PAGE: 1578 DEPUTY RECORDER �Q'� 00 NO. OF PAGES: 33 3056 PEI w 'z SEQUENCE: 20052470430 SMARA 'y 12/22/2005 TOWN OF MARANA 'e. AG 14:19 ATTN: TOWN CLERK 94I20lv;� 11555 W CIVIC CENTER DR MAIL MARANA AZ 85653 AMOUNT PAID $ 22.00 1 TANGERINE COMMERCE PARK RIGHT-OF-WAY EXCHANGE AND DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("Agreement") is made by and among the TOWN OF MA- RANA, an Arizona municipal corporation (the "Town"), CEMEX, INC., a Louisiana corporation (the "Owner") and COTTONWOOD PROPERTIES, INC., an Arizona corporation (the "Commercial Owner"). The Town, the Owner and the Commercial Owner are collectively referred to in this Agreement as the "Parties", any one of which is sometimes individually referred to as a "Party" RECITALS A. The Owner owns approximately 494 acres of real property (the "Property"), within the corporate limits of the Town, as depicted on the overview map attached as Exhibit A with the parcels legally described on Exhibit B (individually "Resource Extraction Parcel _" with the blank filled in with the corresponding letter designation shown on Exhibit B and collectively the "Resource Extraction Property") and Exhibit C (individually "Commercial Parcel _" with the blank filled in with the corresponding letter designation shown on Exhibit C and collectively the "Commercial Property"). The Owner intends to sell the Commercial Property to the Com- mercial Owner or its assignee. B. Tangerine Road west of I-10 (referred to in this Agreement as "Tangerine Farms Road") is being realigned and extended by the Town to improve the geometry of the freeway inter- change and to serve as a major arterial roadway for northwest Marana. The Town also currently plans a future link road (referred to from this point forward in this Agreement as "Tangerine Road") extending from Tangerine Farms Road over the Santa Cruz River to Avra Valley Road. C. To facilitate the construction of the realigned Tangerine Farms Road and the future con- struction of Tangerine Road, the Town needs from the Property the public rights-of-way de- scribed in Exhibit E (the "Tangerine Farms Right -of -Way'), Exhibit F, (the "Street A Right - of -Way") and Exhibit G (the "Tangerine Road Right -of -Way'). D. Upon completion of realigned Tangerine Farms Road, the Town will no longer need the existing Tangerine Farms Road right-of-way located north of Commercial Parcel A (the "Trade Parcel'). E. The combined size and value of the Tangerine Farms Right -of -Way, the Tangerine Road 1 Right -of -Way and the Street A Right -of -Way exceed the size and value of the Trade Parcel. F. The Owner and the Commercial Owner are willing to exchange the Tangerine Farms Right -of -Way, the Tangerine Road Right -of -Way and the Street A Right -of -Way for the Trade Parcel pursuant to the terms of this Agreement. G. Arizona Revised Statutes Section (A.R.S. §) 28-7203 authorizes the exchange of a public roadway for a new public roadway. 100001480.DOC / 9) 12/13/2005 2:34 PM TANGERINE COMMERCE PARK REAL ESTATE E.VCHANGE AND DE6 ELOPMENTAGREEMENT -1- Exhibit A to Marana Resolution No. 2005-157 d �,) ri i H. The Town desires to have the land described in Exhibit D (the "Linear Park Land") dedicated to the public for future development of a public park along the Santa Cruz River. I. The Parties also desire to address other development and transportation issues relating to the development of the Property and the construction of roadway improvements in the vicinity of the Property. J. The following are among the development regulations that now and will hereafter apply to the Property, which together with and supplemented by this Agreement, are referred to collec- tively as the "Applicable Town Regulations": (i) The Tangerine Commerce Park Specific Plan (the "Specific Plan") adopted Decem- ber 20, 2005. (ii) The Town's written rules, regulations, procedures, and other policies relating to the development of land, whether adopted by the Mayor and Council or by Town Staff (collec- tively the "Marana Development Code"). (iii) Amendments to the Marana Development Code and other Town ordinances and regulations adopted in furtherance of the public health, safety and welfare of the Town that are of general application; that is, they apply to all similarly situated properties throughout the Town without amending the development requirements of the Owner and Commercial Owner under the Specific Plan or this Agreement. K. Pursuant to A.R.S. § 9-500.05, as amended, the Town, the Owner and the Commercial Owner enter into this Agreement to, among other things, facilitate development of (i) public im- provements to and on the Property and (ii) the Property by providing for and establishing the types, location, density and intensity of land uses, including the development of housing and recreation/open space and continued resource extraction as described in the Specific Plan, and 1 incorporating the development regulations and procedures referred to in it. L. The Town, the Owner and the Commercial Owner desire to enter into this Agreement to implement the Specific Plan and the Marana General Plan. M. The Town desires to collect a fee of five cents per ton of material removed from the Re- source Extraction Property ("Resource Fee") to offset the impacts associated with development 1 on the Resource Extraction Property. N. The Property receives storm water inflows from the east side of I-10 and passing through the Tangerine Farms Road underpass and from the southeast corner of the Property (collectively "Storm Water Inflows"). To provide for orderly development of infrastructure and potential retail sales tax revenue from the Commercial Property, the Parties desire to eliminate sheet flooding from the Storm Water Inflows by directing them to Resource Extraction Parcel A with an approximate area of 35 acres and a current depth of 50 feet (the "Retention Basin"). The Town desires to obtain an easement (the "Drainage Easement") within the land described on Exhibit H for construction of drainage facilities (the "Interchange Drainage Structure") to 1 convey Storm Water Inflows from the east side of I- 10 to the Retention Basin. O. The frontage road south of I-10 between Moore Road and Tangerine Farms Road cur- rently accommodates two-way traffic and is separated from the eastbound I-10 Tangerine Farms Road off ramp. The Arizona Department of Transportation ("ADOT") has indicated that it will not review or approve roadway improvements affecting the Tangerine Farms Road I-10 inter - '00001480, DOC /9) 12/13/2005 2:34 PM TANGERINE COMMERCE PARK REAL ESTATE EXCHANGE AND DEVELOPMENTAGREEMENT -2- 1 2 9 1 1 M change unless this portion of the frontage road is changed to one way eastbound and merged with the eastbound Tangerine Road I-10 off ramp or modified in some functionally equivalent way that eliminates the off ramp's close proximity to the current two-way frontage road. These re- quired improvements together with Street A (as defined in paragraph 2.3 below) are referred to in this Agreement as the "One -Way Frontage Road Improvements." P. Water and sewer infrastructure needed to serve the Commercial Property and other nearby properties is currently anticipated to be connected through the proposed Gladden Farms II resi- dential development project located in Section 35, Township 11 South, Range 13 East ("Glad- den II"). Q. The Town and the Pima County Flood Control District entered into an agreement for the Lower Santa Cruz River Flood Control Levee Project as recorded in Docket 10732 Page 881 of Pima County Records under which the Town is required to submit payments to the Flood Con- trol District in the amount of $500 per acre (the "Levee Fee") for certain portions of the Prop- erty. To implement the Levee Fee, the Town adopted Ordinance No. 99.02, which requires the Levee Fee to be paid pursuant to a development agreement. R. The Town, the Owner and the Commercial Owner understand, acknowledge and agree that (i) this Agreement is a "Development Agreement" within the meaning of, and entered into pursuant to the terms of, A.R.S. § 9-500.05, as amended, and (ii) the terms of this Agreement are binding upon the Town, the Owner, the Commercial Owner and their successors and assigns and shall run with the Property. S. The Town finds that the development of the Property pursuant to the Applicable Town Regulations will result in significant planning and economic benefits to the Town and its resi- dents by: (i) facilitating development of the Property consistent with the Town's General Plan; (ii) providing open space and recreation areas; (iii) generating revenues to the Town based on the terms of this Agreement; (iv) generating sales tax from retail and construction activities on the Property; and (v) creating jobs through employment and construction activity on the Property. AGREEMENT NOW, THEREFORE, 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. Exchange of Public Right -of -Way and Dedication of Land 1.1. Conveyances to the Town. Within thirty days after the Effective Date of this Agreement, the Owner shall duly execute and deliver to the Town for recording one or more deeds in a form reasonably acceptable to the Town Attorney conveying to the Town without cost the Tangerine Farms Right -of -Way, the Street A Right -of -Way, the Tangerine Road Right -of -Way, and the Linear Park Land, and granting to the Town without cost the Drainage Easement. 1.2. Conveyance from the Town. Once the re -alignment of Tangerine Farms Road has been completed on the Property, the Town shall convey the Trade Parcel to the then -owner of Commercial Parcel A by causing a deed in a form reasonably acceptable to the grantee to be duly { 00001480. DOC / 9) 12/13/2005 2:34 PM TANGER/NE COMMERCE PARK REAL ESTATE EXCHANGE AND DE VELOPMENTA GREEMENT -3- 1 M executed and delivered to the then -owner of Commercial Parcel A. The Town agrees to use its good faith efforts to complete the re -alignment of Tangerine Farms Road on the Property as soon as reasonably possible. If the then -owner of Commercial Parcel A gives the Town a written re- quest to record the deed before the re -alignment of Tangerine Farms Road is completed on the Property, the Town shall promptly convey the Trade Parcel to the grantee so long as the grantee allows the Town to continue using the Trade Parcel at no cost until the re -alignment of Tangerine Farms Road is completed. 1.3. Reservation of Easements in Trade Parcel. The deed for the Trade Parcel shall comply with A.R.S. § 28-7210, requiring the reservation of easements for certain utilities and similar uses; provided, however, that the Parties will cooperate in good faith to persuade the owners of utilities or other facilities in the Trade Parcel that the then -owner of Commercial Parcel A wants relocated to relocate them to the re -aligned Tangerine Farms Road and to release any rights in the Trade Parcel. 1.4. Boundary Adjustments. If construction of a public road within any of the rights-of-way requires a realignment of that right-of-way, the Town and the owner of the relevant portion of the Property shall cooperate to adjust the right-of-way boundaries provided that the total amount of land within all of the right-of-way dedicated by the Owner and abandoned by the Town shall remain substantially the same. 1.5. Dedication to the Pima County Flood Control District. Within ten days after the Effec- tive Date of this Agreement, the Owner shall dedicate to the Pima County Flood Control District without cost the portion of the Property identified in the Specific Plan as "Floodway to be dedi- cated to Pima County" lying within the channel of the Santa Cruz River. Article 2. Bond -Funded Public Infrastructure Improvements 2.1. Applicability. The provisions of Article 2 and Article 3 shall only apply and become ef- fective if the Town establishes not later than December 31, 2007 a municipal improvement dis- trict 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 Tangerine Farms Road as a four -lane divided roadway within the Tangerine Farms Right -of -Way and extending westward approximately 3.8 miles 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 8" non -potable water main, landscaping, sewer, the Interchange Drainage Structure and the One -Way Frontage Road Improvements (collectively the "Tangerine Farms Road Improvements"). Those portions of the Tangerine Farms Road Improvements within the Property are generally depicted on Exhibit I. 2.3. Street A Improvements. To construct Tangerine Farms Road in compliance with ADOT requirements, the Town desires to temporarily close a portion of the frontage road along I- 10. To facilitate traffic flow during the temporary frontage road closure, the Town will construct a minimum necessary two-lane road that consists only of pavement and work related to it within the Street A Right -of -Way ("Street A") and a full median opening on Tangerine Farms Road to serve Street A. The Town reserves the right to close the median opening at its own expense as and when the Town in its sole discretion deems the closure appropriate to facilitate efficient traf- fic movement in the vicinity of the Tangerine Road and I- 10 interchange. Prior to construction of 100001480-DOC/9) 12/13/2005 2:34 PM TANGERINE COMMERCE PARK REAL ESTATE EXCHANGE AND DEbELOPMENTAGREEMENT -4- 1 t t Street A, the Town shall request input from the Commercial Owner on any widening or other enhancements the Commercial Owner requests for Street A and shall incorporate the enhance- ments into Street A provided the Town in its reasonable discretion determines that the additional improvements are consistent with the Applicable Regulations and the incremental additional cost of the additional improvements are paid by the Commercial Owner. Article 3. Participation in Tangerine Farms Road Improvements Cost 3.1. Definitions. The following definitions shall apply to this Article: 3.1.1. The "Allocated Assessment' is (C _ F) x T, where C is the Commercial Property Frontage, F is the Total Frontage, and T is the Total Improvement Cost. 3.1.2. The "Commercial Property Frontage" is the frontage of the Commercial Prop- erty along the Tangerine Farms Road Improvements. 3.1.3. "Frontage" is distance in linear feet measured from the centerline of the right-of- way for the Tangerine Farms Road Improvements. 3.1.4. "Individual Parcel Improvement Costs" are costs that predominately benefit an individual parcel, such as traffic signals, sleeving for future traffic signals, water and sewer improvements to the extent necessary to serve an individual parcel and that do not benefit all of the land fronting on the Tangerine Farms Road Improvements, the proposed park under- pass within Gladden Farms, upgrades to Street A, and undergrounding of Cortaro Marana Ir- rigation District facilities for purposes other than road crossings. The cost of the Tangerine Farms Sewer Extension is a component of the Individual Parcel Improvement Costs associ- ated with the Commercial Property. 3.1.5. The "Tangerine Farms Sewer Extension" is the extension within the Tangerine Farms Right -of -Way of the sewer (see paragraph 4.6 below) to serve the Commercial Prop- erty. 3.1.6. 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 be no greater than Twenty Million Dollars ($20,000,000). The Total Improvement Cost shall not include Individual Parcel Improvement Costs. 3.1.7. The "Total 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 Commercial Owner shall pay the Allocated Assessment and the Individual Parcel Improvement Costs attributable to the Commercial Property. The Indi- vidual Parcel Improvement Costs shall be paid not later than when they are incurred or, if not so paid, they will be assessed against the Commercial Property as set forth in paragraph 3.3 below. The Allocation Assessment shall be paid as set forth in paragraph 3.3 below. 3.3. Bonds. The Commercial Property shall be assessed the Allocated Assessment and if not reimbursed within sixty days by the Commercial Owner, 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 the Commercial Property shall be assessed the Allocated Assessment (plus the Individual Parcel Improvement Costs, if the Commercial Owner does not pay them when they are incurred pursu- {00001480.DOC / 9} 12/13/2005 2:34 PM TANGERINE COMMERCE PARK REAL ESTATE EXCHANGE AND DE VELOPMENTA GREEMENT -5- 1 ant to paragraph 3.2 above) and interest on the Allocated Assessment (and the Individual Parcel Improvement Costs, if financed with the bonds) as required for repayment of the bonds. 3.4. Assessment Reallocation. Upon division or subdivision of the Commercial Property, the Town shall reallocate the assessment among the parcels in direct proportion to the benefit re- ceived by each parcel. 3.5. Consent to Assessment. The Commercial Owner hereby agrees to execute a standard improvement district waiver agreement prepared by the Town's bond counsel, in which the Commercial Owner (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 imple- ment the terms of this Agreement; and (iii) agrees to take all steps necessary to levy and confirm assessments against the Commercial Property. + Article 4. Developer -Funded Infrastructure Improvements 4.1. Tangerine Road and Street B Improvements. Before any certificates of occupancy are is- sued or any final inspections are approved for any use on any Commercial Parcel adjacent to Tangerine Road or the road identified on Exhibit A as "Street B" ("Street B"), the Commercial Owner shall complete construction of Street B and Tangerine Road from the intersection of Tan- gerine Farms Road to the intersection of Street B. The final location of Street B as shown on Exhibit A is conceptual, and the obligation to build Street B requires the construction of a road- way that is functionally equivalent to Street B as shown on Exhibit A. 4.2. Multi -Use Path along Tangerine Road. Concurrently with the construction of Tangerine Road as described in paragraph 4.1 above, the Commercial Owner shall construct a multi -use path along Tangerine Road, connecting to the multi -use path in Tangerine Farms Road and ex- tending to the south end of the Tangerine Road improvements as described in paragraph 4.1 above. The Owner shall extend the multi -use path from the south end of the Tangerine Road im- provements as described in paragraph 4.1 above to the Linear Park Land within 60 days after the Town substantially completes the trail connecting the Linear Park Land to the public park lo- cated on the property identified as "Park Block A" on the Gladden Farms Final Block Plat re- corded in the Pima County Recorder's office at Book 55 of Maps and Plats, Page 60. 4.3. Tangerine Farms Road/Tangerine Road Intersection Signal. When a traffic signal is deemed warranted by the Town following the construction of the Tangerine Road Extension and Street B, the Commercial Owner shall make payment to the Town the sum of $450,000 for the Town to design and construct a traffic signal at the Tangerine Farms Road/Tangerine Road inter- section. If the Town constructs Tangerine Farms Road pursuant to the provisions of Article 2 and Article 3, the Town shall install conduit required for future installation of this traffic signal as part of the Individual Parcel Improvement Costs paid by the Commercial Owner. The cost of the conduit will be deducted from the sum of $450,000 to be paid to the Town. When the signal con- struction is completed, the difference between the sum forward -funded to the Town to design and construct the traffic signal and the actual amount expended, including construction manage- ment and change orders, shall be immediately refunded to the Commercial Owner. No addi- tional contribution from the Commercial Owner shall be required for the design and construction of the traffic signal. 4.4. Other Road Improvements. Upon commencement of development activity adjacent to any public right-of-way, the Commercial Owner or the Owner shall provide improvements nec- 00001480. DOC / 9 } 12/13/2005 2:34 PM TANGERINE COMMERCE PARK REAL ESTATE EXCHANGE AND DEVELOPMENT AGREEMENT t r- � J essary to accommodate that development activity in accordance with the Applicable Town Regu- lations. 4.5. Water. For a period of 15 years, the Town shall reserve sufficient capacity within water mains constructed as part of the Tangerine Farms Road Improvements to develop the Commer- cial Property as retail stores. 4.6. Sewer Service to the Commercial Property. The Commercial Owner shall pay all costs associated with providing sewer service to the extent necessary to serve the Commercial Prop- erty. 4.6.1. Sewer service for the Commercial Property is currently anticipated to occur by ex- tending sewer lines proposed to be installed in Gladden II to the Tangerine Farms Right -of - Way and constructing the Tangerine Farms Sewer Extension (see paragraph 3.1.5 above). Unless the Town first receives the notice described in subparagraph 4.6.2 below, when de- velopment proceeds in Gladden Il, the Town will require the developer of Gladden II to in- stall sewer lines to the future north right-of-way line of Tangerine Farms Road at the south- ern boundary of Gladden II, provided that the Commercial Owner shall pay in advance to the party constructing the Gladden Il sewer: 4.6.1.1. To the extent oversizing is required for the Commercial Property, the incre- mental additional cost of oversizing the Gladden II sewer to serve the Commercial Prop- erty, and 4.6.1.2. Any cost for the extension of the sewer beyond where it would be needed to serve residential development within Gladden Il, and 4.6.1.3. Any other sewer costs reasonably imposed by Pima County Wastewater Management to serve the Commercial Property and that would not otherwise be incurred within Gladden 11. 4.6.2. If the sewer lines in Gladden II have not yet been oversized (see subpara- graph 4.6.1 above) and the Commercial Owner provides written notice to the Town that an alternate method for obtaining sewer service on the Commercial Property has been secured, subparagraph 4.6.1 above shall not apply and any portion of the Tangerine Farms Sewer Ex- tension that has not been constructed and is not required to serve the Commercial Property shall be removed from the Tangerine Farms Road Improvements at the cost of the Commer- cial Owner. 4.7. Impact Fees Credit. The Town shall credit the following costs paid by the Commercial Owner toward any transportation related assessments or impact fees levied in the future on the Commercial Property and shall impose no arterial roadway capacity transportation improvement requirements except as provided in the Specific Plan and in this Agreement: Construction costs incurred for the Allocated Assessment, Tangerine Farms Road and Tangerine Road. Arterial roadway capacity transportation requirements include the construction or expansion of a major Town roadway, such as Tangerine Road, Tangerine Farms Road or the I-10 frontage road and interchange, but do not include access improvements necessary to support the proposed devel- opment of the Commercial Property, such as acceleration and deceleration lanes and signaliza- tion or other traffic control features of access roadways. 100001480.DOC / 9} 12/13/2005 2:34 PM TANGERINE COMMERCE PARK REAL ESTATE EXCHANGE AND DEVEL OPMENTAGREEMENT -7- 1 7 !a t 1 Article 5. Resource Fee Commencing upon approval of the Specific Plan, the owner of the Resource Property shall pay the Resource Fee on a quarterly basis. The Town shall have the right to audit the records related to the Resource Fee in the same manner as sales tax payable to the Town. If the Town levies a similar fee related to extraction of sand and gravel, the Resource Fee shall be credited against any such fees. tArticle 6. Storm Water Inflows The Owner shall allow all of the Storm Water Inflows to be directed into the Retention Basin. The Owner at its own expense may direct the Storm Water Inflows to other portions of the Re- source Extraction Property as long as the change continues to provide the capacity needed to accommodate the Storm Water Inflows. Before making any such changes, the Owner shall sub- mit plans of the proposed changes prepared by a registered professional engineer for review and approval by the Town. The Owner hereby grants to the Town a perpetual easement over, upon and through the Resource Extraction Property for the Storm Water Inflows to be directed into and retained in the Retention Basin and covenants that (i) the volume of the Retention Basin 1 shall not be modified in a manner that does not accommodate the Storm Water Inflows; (ii) the perimeter slopes of the Retention Basin shall be maintained in a manner that does not impact or encroach upon the adjoining public right-of-way and Commercial Property and where required the maintenance shall include providing concrete or other structural measures to allow the Storm Water Inflows into the Retention Basin without undue slope degradation; and (iii) any water re - tained within the Retention Basin shall be treated to prevent mosquito infestation. The Town and 1 any successor owner to the Commercial Property are hereby given authority to enforce these covenants and are granted an easement to implement them if the Owner fails to comply within a reasonable time period after notice from the enforcing party (force majeure or other unavoidable delay excepted) and any reasonable expense incurred by the enforcing parry shall be promptly reimbursed by the Owner. Article 7. Development Plans and Subdivision Plats 7.1. Development Plan and Subdivision Plat Review. The Property shall be developed in a manner consistent with the Applicable Town Regulations, which together establish the basic land uses, and the uses, intensities and development regulations that apply to the land uses authorized for the Property. Upon the Owner's and/or Commercial Owner's compliance with the Applica- ble Town Regulations, the Town agrees to issue such permits or approvals for the Property as may be requested by the Owner and/or Commercial Owner. 7.2. Archaeological/Historic Resources. By way of drawing special attention, and not as a limitation on the other Applicable Town Regulations, the Owner and Commercial Owner ac- knowledge that the 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 Re- sources. Article 8. Levee Fee 8.1. Levee Fee for the Commercial Provertv. As a condition of approval of a development plan, subdivision plat or building permit for a Commercial Parcel, the Commercial Owner shall pay the Levee Fee of $500 per acre to the Town for acreage for which the development plan, 10000 1480. DOC / 91 12/13/2005 2:34 PM ' TANGERINE COMMERCE PARK REAL ESTATE EXCHANGE AND DEbELOPMENTAGREEMENT -8- subdivision plat or building permit is sought except to the extent the Levee Fee was previously paid for that acreage. 8.2. Levee Fee for the Resource Extraction Property. Prior to issuance of a building permit for any structure or use on a Resource Extraction Parcel that is not associated with resource ex- traction, the Owner shall pay the Levee Fee of $500 per acre to the Town for the entire Resource Extraction Parcel for which the building permit is sought. The Levee Fee shall not be applicable to resource extraction activities on the Resource Extraction Property. 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, Owner and Commercial Owner each shall desig- nate and appoint a representative to act as a liaison between the Town and its various depart- ments and the relevant owner. The initial representative for the Town (the "Town Representa- tive") shall be Assistant Town Manager Gilbert Davidson or the Assistant Town Manager who oversees the Planning Department. The initial representative for the Commercial Owner shall be David Mehl or a replacement to be selected by the Commercial Owner. The initial representa- tive for Owner shall be Steve Knudsen. The representatives shall be available at all reasonable times to discuss and review the performance of the Parties to this Agreement and the develop- ment of the Property. 9.2. Timiniz. The Town acknowledges the necessity for prompt and complete review by the Town of all plans and other materials (the "Submitted Materials") submitted by the Owner or Commercial Owner to the Town under this Agreement or pursuant to any zoning procedure, per- mit procedure, or other governmental procedure pertaining to the development of the Property and agrees to use its best efforts to accomplish prompt and complete 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 paragraph 11.1 to the Default- ing Party, stating the nature of the default claimed and demanding that the default be convected. 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) sixty days from the date of the notice to cure the default if action other than the payment of money is rea- sonably 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 anticipated development of the Property, and due to the fact that it may not be practical or possible to restore the Property to its condition prior to Owner's and Commercial Owner's de- velopment 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. {00001480.DOC / 9} 12/13/2005 2:34 PM TANGER/NE COMMERCE PARK REAL ESTATE EXCHANGE AND DEVEL OPMENTAGREEMENT -9- 9.4. Mediation. If there is a dispute under this Agreement which the Parties cannot resolve among themselves, the Parties agree that there shall be a twenty-one day moratorium on arbitra- tion 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 commercial media- tion rules of the American Arbitration Association. The matter in dispute shall be submitted to a mediator mutually selected by the Owner, the Commercial Owner and the Town. If the Parties cannot agree upon the selection of a mediator within seven days, then within three days thereaf- ter the Town shall (on its behalf and on behalf of the Owner and the Commercial Owner) 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 be neutral and have at least five years' experience in mediating or arbitrating disputes relating to real estate development. The cost of any such mediation shall be divided equally between the mediating Parties. The results of the mediation shall be nonbinding on the Parties, and any Party shall be free to initiate arbitration after the moratorium period. 9.5. Arbitration. If mediation (paragraph 9.4 above) fails to result in resolution of the dispute, the dispute, controversy, claim or cause of action arising out of or relating to this Agreement shall be settled by submission of the matter by all Parties to binding arbitration in accordance with the rules of the American Arbitration Association and the Arizona Uniform Arbitration Act, A.R.S. § 12-501 et seq., and judgment upon the award rendered by the arbitrator(s) may be en- tered in a court having jurisdiction. Article 10. Protected Development Rights To establish legally protected rights for the development of the Property in a manner consis- tent with this Agreement and the development regulations that now apply to the Property and to ensure reasonable certainty, stability and fairness to the Owner and the Town over the term of this Agreement, the Owner and the Town agree that the Specific Plan, as amended by this Agreement, shall remain in effect and shall not be changed during the term of this Agreement without the agreement of the owner or owners of the particular area(s) affected by the change. Nothing in this Article shall affect the Town's authority to adopt ordinances or regulations in furtherance of the public health, safety and welfare of the Town that are of general application; that is, they apply to all similarly situated properties throughout the Town provided they do not amend this Agreement or the Specific Plan. Article 11. General Terms and Conditions 11.1. Manner of Serving. 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 A3 Marana, Arizona 85653 100001480.130C / 9} 12/l3/2005 2:34 PM TANGERINE COMMERCE PARK REAL ESTATE EXCHANGE AND DEVELOPMENT AGREEMENT - 10- t 1 With a copy to: TOWN OF MARANA Town Attorney 11555 W. Civic Center Drive Bldg A3 Marana, Arizona 85653 To the Commercial Owner: COTTONWOOD PROPERTIES, INC. 3567 E Sunrise Drive Suite 219 Tucson, Arizona 85718 To the Owner: CEMEX, INC. Mr. Steve Knudson 420 N. 40 St., Suite 250 Phoenix, Arizona 85008 ICEMEX, With a Copy to: INC. General Counsel 840 Gessner, Suite 1400 1 Houston, Texas 77024 11.2. Effective Date. This Agreement shall become effective upon the latest of the following (the "Effective Date"): (i) the date of execution by all of the Parties, (ii) the effective date of the aTown Council resolution approving and authorizing the execution of this Agreement; or (iii) the effective date of the Specific Plan. 11.3. Term. The term of this Agreement shall begin on the Effective Date and, unless 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 deter- mine that a longer period is necessary for any reason, the term of this Agreement may be ex- tended by written agreement of the Parties. 11.4. Waiver. No delay in exercising any right or remedy shall constitute a waiver of that I right or remedy, and no waiver by the Town, the Owner or the Commercial Owner 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. 11.5. 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, requiring disputes to be resolved by binding arbitration. i11.6. 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. 100001480.DOC / 9} 12/13/2005 2:34 PM TANGERINE COMMERCE PARK REAL ESTATE EXCHANGE AND DEVELOPMENTAGREEMENT -11- 1 11.7. Headings and Recitals. The descriptive headings of this Agreement are inserted for ' convenience only and shall not control or affect the meaning or construction of any of the provi- sions of this Agreement. The Recitals set forth at the beginning of this Agreement are hereby acknowledged, confirmed to be accurate and incorporated here. 11.8. Exhibits. Any exhibit attached to this Agreement shall be deemed to have been incor- porated in this Agreement by reference with the same force and effect as if fully set forth in the body of this Agreement. 11.9. Further Acts. Each of the Parties shall execute and deliver all easements, covenants and 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 ethe Property by the Owner, Commercial Owner and their successors. 11.10. Time Essence. Time is of the essence for purposes of this Agreement. 11.11. 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. Unless and until the Town consents to an assignment of rights and obligations under this Agreement, the Town may enforce the obligations of the Owner and the Commercial Owner under this Agreement against the predecessor and successor in interest, the assignor and assignee, and the principal and legal representative. If there is a complete assignment of all rights and obligations of the Commercial 11.12. 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 Owner, Commercial Owner 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 except as expressly provided in this Agree- ment. 11.13. Other Instruments. Each Party shall, promptly upon the request of the other, have ac- knowledged 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. 100001480.DOC / 9j 12/13/2005 2:34 PM TANGERINE COMMERCE PARK REAL ESTATE EXCHANGE AND DE VELOPMENTA GREEMENT -12- 1 2 5 Owner or Owner under this Agreement and the Town approves the assignment, the liability of the assigning party under this Agreement shall terminate effective upon the assumption of those liabilities by the assignee of the Commercial Owner or Owner. The Town hereby consents to the assignment of the rights and obligations of the Commercial Owner under this Agreement if the Commercial Property is sold to an entity managed by Cottonwood Properties and the Parties hereby acknowledge that such future owner shall have the rights and obligations associated with the Commercial Property under this Agreement. The Town understands that the Owner may cre- ate one or more entities or subsidiaries owned or controlled by the Owner for purposes of carry- ing out the development of the Property as contemplated in this Agreement, and the Town's con- sent to the Owner's assignment of its rights under this Agreement to such entities or subsidiaries shall not be reasonably withheld, delayed or conditioned. The Town may not unreasonably with- hold, delay or condition its approval of assignment under this paragraph. 11.12. 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 Owner, Commercial Owner 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 except as expressly provided in this Agree- ment. 11.13. Other Instruments. Each Party shall, promptly upon the request of the other, have ac- knowledged 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. 100001480.DOC / 9j 12/13/2005 2:34 PM TANGERINE COMMERCE PARK REAL ESTATE EXCHANGE AND DE VELOPMENTA GREEMENT -12- 1 2 5 11.20. 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 Pima County, Arizona. Nothing in the use of the word "litigation" in the pre- ceding sentence shall constitute a waiver of paragraph 9.5, requiring disputes to be resolved by binding arbitration. 11.21. Interpretation. This Agreement has been negotiated by the Town, the Owner and the I Commercial Owner, 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. ;00001480.DOC / 9; 12/13J2005 2:34 PM ' TANGERINE COMMERCE PARK REAL ESTATE EXCHANGE AND DE VELOPMENTA GREEMENT -13- Q 11.14. Imposition of Duty by Law. This Agreement does not relieve any Party of any obliga- tion or responsibility imposed upon it by law. 11.15. Entire Agreement. This Agreement constitutes the entire agreement between the Par- ties pertaining to the subject matter of this Agreement. All prior and contemporaneous agree- ments, representation and understanding of the Parties, oral or written, are hereby superseded and merged in this Agreement. 11.16. 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 are reasonably necessary to accom- plish the goals expressed in the 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. 11.17. Names and Plans. The Owner or Commercial Owner as relevant, 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 in- stance of such party 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. 11.18. Good Standing; Authority. The Owner represents and warrants to the Town and Com- mercial Owner that it is duly formed and validly existing under the laws of Louisiana and is au- thorized to do business in the state of Arizona. The Town represents and warrants to the Owner and Commercial Owner that it is an Arizona municipal corporation with authority to enter into this Agreement under applicable state laws. The Commercial Owner represents and warrants to the Town and Owner that it is duly formed and validly existing under the laws of Arizona and is authorized to do business in the state of Arizona. Each Party represents and warrants that the individual executing this Agreement on its behalf is authorized and empowered to bind the Party on whose behalf each such individual is signing. 11.19. 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 in full force and effect, but the provision requiring the act shall be deemed to permit the Town to act at its discretion, and if the Town fails to act, the Owner shall be entitled to terminate this Agreement. 11.20. 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 Pima County, Arizona. Nothing in the use of the word "litigation" in the pre- ceding sentence shall constitute a waiver of paragraph 9.5, requiring disputes to be resolved by binding arbitration. 11.21. Interpretation. This Agreement has been negotiated by the Town, the Owner and the I Commercial Owner, 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. ;00001480.DOC / 9; 12/13J2005 2:34 PM ' TANGERINE COMMERCE PARK REAL ESTATE EXCHANGE AND DE VELOPMENTA GREEMENT -13- Q i� 11 ATTEST: celyBronson, Clerk APPROV,,ED AS TOtORM: , Town A /9} ANGERINE CON, COMMERCIAL OWNER: COTTONWOOD PROPERTIES, INC. By: % V,c� �res�crn� [Print Name & Title] 12/13/2005 2:34 PM E PARK REAL ESTATE EXCHANGE A, D DE VEL OPMENT A GREEMEA ' T -14- 11.22. Recordation. The Town shall record this Agreement in its entirety in the office of the Pima County Recorder no later than ten days after the Effective Date. 11.23. No Owner Representations. Except as specifically set forth in this Agreement, noth- ing contained in this Agreement shall be deemed to obligate the Town, the Commercial Owner, or the Owner to complete any part or all of the development of the Property. 11.24. 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. 11.25. 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 best effort to remedy with all reasonable dispatch the event or condition caus- ing 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 other disturbances of employer/employee relations; acts of public enemies; orders or restraints of any kind of government of the United States or any state thereof or any of their departments, agen- cies, or officials, or of any civil or military authority; insurrection; civil disturbances; riots; epi- demics; 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 employer/employee rela- tions 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 to a Party shall not constitute failure to use its best efforts to remedy such a condition. e 11.26. Conflict of Interest. This Agreement is subject to A.R.S. § 38-511, which provides for cancellation of contracts in certain instances involving conflicts of interest. 11.27. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date (see paragraph 11.2 above). TOWN: OWNER: ' THE TOWN OF MARANA, an Arizona munici- CEMEX INC., a Louisiana corporation pal corporation By. Ed Honea, Mayor�Pc�i��f j [Print Name & Title] i� 11 ATTEST: celyBronson, Clerk APPROV,,ED AS TOtORM: , Town A /9} ANGERINE CON, COMMERCIAL OWNER: COTTONWOOD PROPERTIES, INC. By: % V,c� �res�crn� [Print Name & Title] 12/13/2005 2:34 PM E PARK REAL ESTATE EXCHANGE A, D DE VEL OPMENT A GREEMEA ' T -14- J I STATE OF TEXAS ) SS. County of Harris The foregoing instrument was acknowledged before me on 12- 1!2- 045- by 4SL-e-ms , as h.34te-c of CEMEX, INC., a Louisiana corporation, on behalf of the corporation. c ir.lJaPllffhfYiIYJYJY,/ss fr. Jr Jr 'r/f My commission expires:R PAGE Notary P NOTARY PUBLIC STATE OF TEXAS 4�a COMMISSION EXPIRES: STATE OF ARIZONA) SEPTEMBER 8, 2006 SS. County of Pima ) The foregoing instrument was acknowledged before me on / `ol - c - by jU1LulafvL NztlUru.LtL , as1 Id� of COTTONWOOD PROPERTIES, INC., an Arizona corporation, on behalf of the corporation. My commission expires: M, I U, C'n Notary Public ®ANGELA M. ROMERO Notary Public - Arizona • Pima County My Comm. Expires Jan 16, 2007 10000 1 480.DOC / 91 12/13/2005 234 PM TANGERINE COMMERCE PARK REAL ESTATE EXCHANGE AND DE VELOPMENT AGREEMENT -15- 11 P Cl ;lo S 2 1 1 1 1 1 1 1 1 1 1 1 t 1 1 1 1 1 1 1 LIST OF EXHIBITS Exhibit Description A Overview map of the Property B Legal description of the Resource Extraction Property, consisting of Resource Extrac- tion Parcels A through C C Legal description of the Commercial Property, consisting of Commercial Parcels A through D D Legal description of the Linear Park Land E Legal description of the Tangerine Farms Right -of -Way F Legal description of the Street A Right -of -Way G Legal description of the Tangerine Road Right -of -Way H Legal description of the Drainage Easement I General depiction of the Tangerine Farms Road Improvements within the Property ( 00001480. DOC / 9) 12/13/2005 2:34 PM TANGERINE COMMERCE PARK REAL ESTATE EXCHANGE AND DE VEL OPMENTA GREEMENT -16- Exhibit `A' Overview Map of the Property {00001480.DOC / 9} 12/13/2005 2:34 PM TANGERINE COMMERCE PARK REAL ESTATE EXCHANGE AND DEVELOPMENT AGREEMENT 17 G W_ Z M�s o 'a m n m m a A e m X 002 118BI 1 v {00001480.DOC / 9} 12/13/2005 2:34 PM TANGERINE COMMERCE PARK REAL ESTATE EXCHANGE AND DEVELOPMENT AGREEMENT 17 u Exhibit `B' Legal Description of the Resource Extraction Property Resource Extraction Parcel A Commencing at a nail at the East Quarter Corner of Section 1, Township 12 South, Range 11 East, Gila and Salt River Base and Meridian; Thence North 89°35'40" East a distance of 95.35 feet to the true point of beginning; ' Thence North 00120'50" East a distance of 1269.30 feet to a tangent curve to the right with a radius of 480.00 feet; Thence Northeasterly along said curve, through an arc length of 211.73 feet to a tangent curve with a radius of 35.00 feet; Thence Northeasterly along said curve, through an arc length of 49.39 feet to a reverse curve to the left, having a radius of 540 feet; Thence Southeasterly along said curve, through an arc length of 146.34 feet; Thence South 89°31'01" East a distance of 609.74 feet to a tangent curve to the right, having a radius of 480.00 feet; ' Thence Southeasterly along said curve, through an arc length of 260.88 feet; Thence South 00°00'00" East a distance of 1394.37 feet; Thence South 89°55'25" West a distance of 1096.28 feet to the point of beginning; containing 1,596,852 square feet or 36.659 acres. ' 100001480.DOC / 9} 12/13/2005 2:34 PM TANGERINE COMMERCE PARK REAL ESTATE EXCHANGE AND DEVELOPMENT AGREEMENT 18 M " 15342 p� ALFOrvSO f TORRES of ' 100001480.DOC / 9} 12/13/2005 2:34 PM TANGERINE COMMERCE PARK REAL ESTATE EXCHANGE AND DEVELOPMENT AGREEMENT 18 M Exhibit `B' - continued Legal Description of the Resource Extraction Property Resource Extraction Parcel B Commencing at a nail at the East Quarter Corner of Section 1, Township 12 South, Range 11 East, Gila and Salt River Base and Meridian; Thence North 89°35'40" East, a distance of 95.35 feet to the true point of beginning; Thence North 89155'25" East, a distance of 1096.28 feet; Thence North 00000'00" East, a distance of 1394.37 feet to a point on a non -tangent curve, the center of which bears South 31137124"West, a distance of 480.00 feet; Thence Southeasterly along said curve, through an arc length of 65.87 feet; Thence South 50130'50" East a distance of 1047.14 feet to a tangent curve to the left, having a radius of 303.00 feet; Thence Northeasterly along said curve, through an arc length of 460.01 feet; Thence North 42129'59" East a distance of 53.37 feet to a point on a non -tangent curve, the center of which bears South 42016132"East, a distance of 22,725.72 feet; Thence Southeasterly along said curve, through an arc length of 23.36 feet to a point on the East line of said Sectionl; Thence South 00012'36" East, along said East line, a distance of 3388.69 feet; Thence South 89048'18" West, a distance of 610.53 feet; Thence North 63°04'23" West, a distance of 2015.45 feet; Thence North 00000'00" East, a distance of 1480.69 feet to a tangent curve to the left having a radius of 1005.00 feet; Thence Northwesterly along said curve, through an arc length of 255.63 feet to the point of be- ginning; 0 ati. containing 6,753,386 square feet or 155.00 acres. �' ' d ° 4 ni r S jM faEV In Ll �l $ 9 100001480.DOC / 9) 12/13/2005 2:34 PM TANGERINE COMMERCE PARK REAL ESTATE EXCHANGE AND DEVELOPMENT AGREEMENT 19 Exhibit `B' - continued Legal Description of the Resource Extraction Property Resource Extraction Parcel C Commencing at a nail at the East Quarter Corner of Section 1, Township 12 South, Range 11 East, Gila and Salt River Base and Meridian; Thence South 89°35'40" West, a distance of 60.23 feet to the true point of beginning; Thence South 89052'49" West, along the East-West mid-section line of said Section 1, a dis- tance of 3890.43 feet; Thence departing said East-West mid-section line, North 00126144" West, a distance of 2371.47 feet; Thence North 89051'27" West, a distance of 484.30 feet to a tangent curve to the right, having a radius of 350 feet; Thence Southeasterly along said curve, through an arc length of 222.40 feet; Thence South 53°44'06" East, a distance of 1860.39 feet; Thence North 75135'29" East, a distance of 670.08 feet to a point on a non -tangent curve, the center of which bears North 78°29'23" East, a distance of 1006.13 feet; Thence South 49147'09" East, a distance of 610.26 feet to a tangent curve to the right, having a radius of 855.00 feetto the point of beginning; containing 5,757,695 square feet or 132.178 acres. /J 15342 ALFONSO TORRES {00001480.DOC / 9} 12/13/2005 2:34 PM TANGERINE COMMERCE PARK REAL ESTATE EXCHANGE AND DEVELOPMENT AGREEMENT 20 1 Exhibit `C' Legal Description of the Commercial Property Commercial Parcel A Beginning at the North East Corner of Section 1, Township 12 South, Range 11 East, Gila and Salt River Base and Meridian, Pima County, Arizona; Thence South 00127'03 "East a distance of 15 feet to the true point of beginning Thence South 00127'03 "East, along the East line of the Northeast Quarter said Section 1, a dis- tance of 58.04 feet to a point on the Southerly Exception line as recorded in Document 10808 Page 586 and Document 1968, Page 587, records of Pima county, Arizona; Thence South 77°30'54"East, along said Southerly Exception line, a distance of 142.44 feet; 1 Thence South 49049'05"East, along said Southerly Exception line, a distance of 168.82 feet; Thence South 40112'56" West a distance of 113.51 feet to a tangent curve to the right with a radius of 805.00 feet; Thence Southwesterly along said curve, through an arc length of 1123.99 feet; Thence North 59°47'04" West a distance of 870.46 feet to a tangent curve to the left with a ra- dius of 2065.00 feet; Thence Northwesterly along said curve, through an arc length of 36.80 to a point on the North ' line of the Northeast Quarter of said Section 1; Thence North 59151'27" East, along the North line of the Northeast Quarter of said Section 1, a distance of 1609.17 feet to the point of beginning,- Containing eginning;Containing 680,724 square feet or 15.627 acres. i `- 100001480.DOC / 9} 12/13/2005 2:34 PM TANGERINE COMMERCE PARK REAL ESTATE EXCHANGE AND DEVELOPMENT AGREEMENT ' 21 q 15342 ALFONSO 1 TORRES 0 F `- 100001480.DOC / 9} 12/13/2005 2:34 PM TANGERINE COMMERCE PARK REAL ESTATE EXCHANGE AND DEVELOPMENT AGREEMENT ' 21 Exhibit `C' - continued Legal Description of the Commercial Property Commercial Parcel B Beginning at the North East Corner of Section 1, Township 12 south, Range 11 East, Gila and Salt River Base and Meridian, Pima County, Arizona; Thence South 00°27'03 "East a distance of 15 feet to the point; Thence South 89151'27" West, and parallel to the north line of said section, a distance of 2591.35 feet to the true point of beginning; Thence in a easterly direction with a tangent curve whose radial bearing is South 00°07'01" West turning to the right with a radius of 1802.36 feet, and an arc length of 953.86 to point; Thence South 59°47'04" East a distance of 703.71 feet to a point; Thence in a southerly direction with a tangent curve turning to the right with a radius of 35.00 feet, and an arc length of 51.13 to a point; Thence in a southerly direction with a tangent curve turning to the left with a radius of 1006.13 feet, and an arc length of 624.07 to a point; Thence South 75135'29" West a distance of 670.08 feet to a point; Thence North 53°44'06" West a distance of 1860.39 feet to a point; Thence in a westerly direction with a tangent curve turning to the left with a radius of 350.00 feet, and an are length of 222.40 to a point; Thence South 89°51'27" West a distance of 484.30 feet to a point; Thence North 00°13'10" West a distance of 233.00 feet to a point; Thence North 89151'27" East a distance of 36.04 feet to a point; Thence North 00°08'33" West a distance of 17.00 feet to a point; Thence North 89151'23" East a distance of 1340.10 feet to the point of beginning; containing 2056634 square feet or 47.21 acres. 15342 ALFONSO � TORRES ,' of. 5 !3 {00001480.DOC / 9} 12/13/2005 2:34 PM TANGERINE COMMERCE PARK REAL ESTATE EXCHANGE AND DEVELOPMENT AGREEMENT 22 Exhibit `C' - continued Legal Description of the Commercial Property Commercial Parcel C Beginning at the East Quarter Corner of Section 1, Township 12 south, Range 11 East marked by a nail Thence North 89°35'40" East a distance of 95.35 feet to a true point of beginning; Thence in a northwesterly direction with a non tangent curve turning to the left with a radius of 1005.00 feet, and an arc length of 617.64 to a point; Thence North 49°47'09" West a distance of 611.03 feet to a point; Thence in a northerly direction with a tangent curve turning to the right with a radius of 855.99 feet and an arc length of 1080.60 to a point; Thence in a easterly direction with a tangent curve turning to the right with a radius of 35.00 feet, and an are length of 57.17 to a point; Thence in a easterly direction with a tangent curve turning to the left with a radius of 1055.00 feet, and an arc length of 703.73 to a point; Thence in a southeasterly direction with a tangent curve turning to the right with a radius of 35.00 feet, and an arc length of 48.76 to a point; Thence in a southeasterly direction with a tangent curve turning to the left with a radius of 540.00 feet, and an arc length of 465.94 to a point; Thence in a southwesterly direction with a non tangent curve turning to the left with a radius of 35.00 feet, and an arc length of 49.40 to a point; Thence in a southerly direction with a tangent curve turning to the left with a radius of 480.00 feet, and an arc length of 211.73 to a point; Thence South 00°20'50" West a distance of 1269.30 feet to the point of beginning; The Parcel has 4.15 acres within the CAP Right Of Way and an additional 23.227 acres outside of the CAP right of way. rF�i�CAl 15342 ALFONSO TORRES {00001480.DOC / 9} 12 Q053"PivT TANGERINE COMMERCE PARK REAL ESTATE EXCHANGE AND DEVELOPMENT AGREEMENT _ 23 r i L; Exhibit `C' - continued Legal Description of the Commercial Property Commercial Parcel D Beginning at the North East Corner of Section 1, Township 12 South, Range 11 East, Gila and Salt River Base and Meridian, Pima County, Arizona; Thence South 00027'03" East, along the East line of the Northeast Quarter said Section 1, a distance of 73.04 feet to a point on the Southerly Exception line as recorded in Document 10808 Page 586 and Document 1968, Page 587, records of Pima county, Arizona; Thence South 77030'54" East, along said Southerly Exception line, a distance of 142.44 feet to a point; Thence South 49049'05" East, along said Southerly Exception line, a distance of 281.86 feet to a point; Thence South 56°05'43" East, along said Southerly Exception line, a distance of 124.36 to a true point of beginning; Thence South 56°05'43" East, along said Southerly Exception line, a distance of 50.30 feet to a point; Thence South 56105'43" East, along said Southerly Exception line, a distance of 1552.32 feet to a point; Thence South 49154106" East, along said Southerly Exception line, a distance of 113.24 feet to a point; Thence in a southeasterly direction with a tangent curve turning to the right with a radius of 22683.28 feet, and an arc length of 768.90 to a point; Thence South 42129159" West a distance of 53.05 feet to a point; Thence in a westerly direction with a tangent curve turning to the right with a radius of 243.00 feet, and an arc length of 368.92 to a point; Thence North 50130150" West a distance of 1047.14 feet to a point; Thence in a westerly direction with a tangent curve turning to the left with a radius of 540.00 feet, and an arc length of 367.59 to a point; Thence North 89131'01" West a distance of 609.74 feet to a point; {00001480.DOC / 9} TANGERINE COMMERCE PARK REAL ESTATE EXCHANGE AND DEVELOPMENT 24 416 15342 � 0 ToRRES i� t I1 t t Exhibit `C' - continued Legal Description of the Commercial Property Commercial Parcel D - continued Thence in a northwesterly direction with a tangent curve turning to the right with a radius of 480.00 feet, and an arc length of 544.25 to a point; Thence in a northeasterly direction with a tangent curve turning to the right with a radius of 35.00 feet, and an arc length of 58.31 to a point; Thence in a northeasterly direction with a tangent curve turning to the left with a radius of 1055.00 feet, and an arc length of 565.18 to a point; Thence North 40112'56" East a distance of 127.25 feet to the point of beginning; The Parcel has 5.45 acres within the CAP Right Of Way and an additional 18.225 acres outside of the CAP right of way. z y' Liyrs6:AT` IQ 15342_ v 15342 z RIS0 "0 6 TUnriES {00001480.DOC / 9} 12/13/2005 2:34 PM TANGERINE COMMERCE PARK REAL ESTATE EXCHANGE AND DEVELOPMENT AGREEMENT 25 1 2 Q 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Exhibit `D' Legal Description of the Linear Park Land Linear Park Commencing at a nail at the West Quarter Corner of Section 6, Township 12 South, Range 11 East, Gila and Salt River Base and Meridian; Thence South 00°03'19" East, along the west line of Section 6, a distance of 1668.86 feet to the true point of beginning; Thence South 63°04'23" East, a distance of 2156.85 feet to a point on the South line of said Section 6; Thence South 89157'52" West, along said South line, a distance of 415.85 feet; Thence North 63117'44" West, a distance of 1686.84 feet; Thence North 00103'19" West, a distance of 220.11 feet to the point of beginning; containing 370260 square feet or 8.5 acres. {00001480.DOC / 9} 12/13/2005 2:34 PM TANGERINE COMMERCE PARK REAL ESTATE EXCHANGE AND DEVELOPMENT AGREEMENT 26 1 , '7 0 3 Exhibit `E' Legal Description of the Tangerine Farms Road Right -of -Way Beginning at the North East Corner of Section 1, Township 12 south, Range 11 East Thence South 89151127" West a distance of 1609.17 feet to a true point of beginning; Thence in a northwesterly direction with a tangent curve turning to the left with a radius of 2065.00 feet, and an arc length of 36.80 to a point; Thence South 59°47104" East a distance of 870.46 feet to a point; Thence in a westerly direction with a tangent curve turning to the right with a radius of 805.00 feet, and an arc length of 1123.99 to a point; Thence North 40012'56" East a distance of 113.51 feet to a point; Thence South 49°49'05" East a distance of 126.39 feet to a point; Thence South 56105143" East a distance of 124.36 feet to a point; Thence South 40°12156" West a distance of 127.25 feet to a point; Thence in a westerly direction with a tangent curve turning to the left with a radius of 1055.00 feet, and an arc length of 1473.06 to the point Thence South 59147'04" East a distance of 844.86 feet to a point; Thence in a westerly direction with a tangent curve turning to the right with a radius of 1802.36 feet, and an arc length of 953.86 to a point; Thence South 89151'27" West a distance of 982.18 feet to a point of beginning.; containing 654607 square feet or 15.1 acres. 1-119 15342 ALFONSO �p TOR ES N ti 100001480.DOC / 9} 12/13/2005 2:34 PM TANGERINE COMMERCE PARK REAL ESTATE EXCHANGE AND DEVELOPMENT AGREEMENT 27 Exhibit `F' Legal Description of the Street A Right -of -Way Beginning at the North East Corner of Section 1, Township 12 South, Range 11 East, Gila and Salt River Base and Meridian, Pima County, Arizona; Thence South 00127103" East, along said Southerly Exception line, a distance of 73.04 feet to a point Thence South 77130'54" East, along said Southerly Exception line, a distance of 142.44 feet to a point; Thence South 49149149" East, along said Southerly Exception line, a distance of 281.86 feet to a point; Thence South 56105'43" East, along said Southerly Exception line, a distance of 124.36 to a true point; ' Thence North 40112'56" East, along said Southerly Exception line, a distance of 127.25 feet to a point; ' Thence in a easterly direction with a tangent curve turning to the left with a radius of 1055.00 feet, and an are length of 571.12 to the true point of beginning; Thence in a southwesterly direction with a non tangent curve turning to the left with a radius of 35.00 feet, and an arc length of 58.31 to a point; Thence in a southeasterly direction with a tangent curve turning to the left with a radius of 480.00 feet, and an arc length of 544.25 to a point; Thence South 89°31'01" East a distance of 609.74 feet to a point; Thence in a easterly direction with a tangent curve turning to the right with a radius of 540.00 feet, and an arc length of 367.59 to a point; Thence South 50030'50" East a distance of 1047.14 feet to a point; t Thence in a easterlydirection with a tangent curve turning to the left with a radius of 243.00 feet, g and an are length of 368.92 to a point;- Thence North 42029'59" East a distance of 53.05 feet to a point; � "r�j C jY • : sr / {00001480.DOC / 9} V OS 2:34 PM TANGERINE COMMERCE PARK REAL ESTATE EXCHANGE AND DEVELOPMENT AGREEMENT 28 Exhibit `F' - continued Legal Description of the Street A Right -of -Way Thence in a southeasterly direction with a non tangent curve turning to the right with a radius of 22683.27 feet, and an arc length of 60.00 to the point of beginning Thence South 42°29'59" West a distance of 53.37 feet to a point; Thence in a westerly direction with a tangent curve turning to the right with a radius of 303.00 feet, and an arc length of 460.01 to a point; Thence North 50130150" West a distance of 1047.14 feet to a point; Thence in a westerly direction with a tangent curve turning to the left with a radius of 480.00 feet, and an arc length of 326.75 to a point; Thence North 8991101" West a distance of 609.74 feet to a point; Thence in a northwesterly direction with a non tangent curve turning to the right with a radius of 540 feet, and an arc length of 612.28 to a point; Thence in a northwesterly direction with a tangent curve turning to the left with a radius of 35.00 feet, and an arc length of 48.76 to a point; Thence in a easterly direction with a non tangent curve turning to the left with a radius of 1055.00 feet, having a chord bearing of North 74°20'42" East and a chord distance of 126.43, having a interior angle of 06°52' 14" and an arc length of 126.51 to a point of beginning; containing 186030.00 square feet or 4.27 acres. R .2 15342 s1�- it f P' At.F/;^.SSD ewd�ti i. {00001480.DOC / 9j 12/13/2005 2:34 PM TANGERINE COMMERCE PARK REAL ESTATE EXCHANGE AND DEVELOPMENT AGREEMENT 29 t 1 t t 11 Exhibit `G' Legal Description of the Tangerine Road Right -of -Way Beginning at a point on at the East Quarter Comer of Section 1, Township 12 south, Range 11 East, marked by a nail and being the true point of beginning; Thence North 89°35140" East a distance of 95.35 feet to a point; Thence in a southerly direction with a non tangent curve turning to the right with a radius of 1005.00 feet, having a chord bearing of South 07°17'13" East and a chord distance of 254.94, having a interior angle of 14°34'25" and an arc length of 255.63 to a point; Thence South 00100100" East a distance of 1480.69 feet to a point; Thence North 63104123" West a distance of 168.24 feet to a point; Thence North 00°00'00" East a distance of 1404.50 feet to a point; Thence North 49°47'09" West a distance of 611.03 feet to a point; Thence in a northwesterly direction with a curve turning to the left with a radius of 855.00 feet, and an arc length of 742.93 to a point; Thence North 49°47'09" West a distance of 611.03 feet to a point; Thence in a southerly direction with a non tangent curve turning to the left with a radius of 1006.13 feet, and an arc length of 1295.77 to a point; Thence in a southerly direction with a tangent curve turning to the right with a radius of 35.00, and an arc length of 51.13 to a point; Thence North 59°47104" West a distance of 141.15 feet to a point; Thence in a northwesterly direction with a non tangent curve turning to the right with a radius of 1055.00 feet, and an arc length of 77.64 to a point; Thence in a easterly direction with a tangent curve turning to the right with a radius of 35.00 feet, and an are length of 57.17 to a point; Thence in a northerly direction with a tangent curve turning to the right with a radius of 855.99 feet and an are length of 1080.60 to a point; �\ 4 a; P 15342 1` AL FOf,iSO �{ d }00001480.DOCl9}-�a��uisitvyyq,r TANGERINE COMMERCE PARK REAL ESTATE EXCHANGE AND DEVELOPMENT A E11� ..kiVf 30 `�.......� Exhibit `G' - continued Legal Description of the Tangerine Road Right -of -Way Thence South 49147109" East a distance of 611.03 feet to a point; Thence in a northwesterly direction with a tangent curve turning to the left with a radius of 1005.00 feet, and an arc length of 617.64 to a point of beginning; 100001480.DOC / 9} 12/13/2005 2:34 PM TANGERINE COMMERCE PARK REAL ESTATE EXCHANGE AND DEVELOPMENT AGREEMENT 31 Exhibit `H' tLegal Description of the Drainage Easement Beginning at the North East Corner of Section 1, Township 12 south, Range 11 East, Gila and Salt River Base and Meridian, Pima County, Arizona; 1 li t Thence South 00°03'18" East a distance of 73.04 feet to a point; Thence South 77°30'54" East a distance of 142.44 feet to a point; Thence South 49°49'05" East a distance of 295.21 feet to a point; Thence South 56105'43" East a distance of 124.36 feet to a point; Thence South 40°12'56" West a distance of 127.25 feet to a point; Thence in a southwesterly direction with a tangent curve turning to the right with a radius of 1055.00 feet, having a chord bearing of South 47153'34" West and a chord distance of 281.88, having a interior angle of 15°21'16" and an arc length of 282.72 to a true point of beginning said easement lying 12.5 feet on each side of the following described center line: Thence South 56105143" East a distance of 435.10 feet to a point; Thence in a southeasterly direction with a tangent curve turning to the right with a radius of 112.50 feet, having a chord bearing of South 28°00'44" East and a chord distance of 105.92, having a interior angle of 56°09'57" and an arc length of 110.28 to a point; Thence South 00°04'14" West a distance of 120.84 feet to a point terminus; J 15342 ALF(3tiS( Toro --t. S h {00001480.DOC / 9 } 12/13/2005 2:34 PM TANGERINE COMMERCE PARK REAL ESTATE EXCHANGE AND DEVELOPMENT AGREEMENT 32 :1 7 �I Exhibit `I' General Depiction of the Tangerine Farms Road Improvements within the Property R.ff 75' i 175' {00001480.DOC / 9} 12/13/2005 2:34 PM TANGERINE COMMERCE PARK REAL ESTATE EXCHANGE AND DEVELOPMENT AGREEMENT 33