HomeMy WebLinkAbout10/21/2014 Council Agenda PacketMARANA RESOLUTION NO. 2014-099
RELATING TO DEVELOPMENT; APPROVING A FINAL PLAT FOR TANGERINE
CROSSING COMMERCIAL CENTER II,LOTS 11-16, BEING A RE-SUBDIVISION OF
TANGERINE CROSSING COMMERCIAL CENTER LOTS 6, 9, AND 10, GENERALLY
LOCATED ALONG THE NORTH SIDE OF TANGERINE ROAD, EAST OF THORNYDALE
ROAD
WHEREAS Tangerine Crossing Commercial Center final platwas approvedby the Town
Council on July 5, 2006, by the adoption of Marana Resolution No. 2006-94, and was recorded
in the office of the Recorder of Pima County, Arizona, at Book 61 of Maps and Plats at Page 46,
for property generally located along the north side of Tangerine Road, east of Thornydale Road;
and
WHEREAS the owner of Lots6, 9 and 10 of Tangerine Crossing Commercial Center,
Old Lobos T & T, L.L.C., has applied for a re-subdivision of the lots into new Lots 11-16; and
WHEREAS the Town Councilhas determined that the Final Plat for Tangerine Crossing
Commercial CenterII, Lots 11-16should be approved.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, that the Final Plat for Tangerine Crossing Commercial CenterII,Lots 11-16, is
hereby approved.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 21stday of October, 2014.
Mayor Ed Honea
ATTEST:APPROVED AS TO FORM:
Jocelyn C. Bronson, Town ClerkFrank Cassidy, Town Attorney
{00039897.DOCX /}
Marana Resolution No. 2014-09910/13/2014 5:26 PM RC/FC
Tangerine Crossing
Commercial Center II
Final Plat
Case No. PRV1407-003
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W Tangerine Road
A request for final plat approval of a 6 lot
commercial plat. This is a re-subdivision
of Lots 6, 9 and 10 of Tangerine Crossing
Commercial Center
MARANA RESOLUTION NO. 2014-100
RELATING TO DEVELOPMENT; APPROVING A FINAL PLAT FOR BOULDER BRIDGE
PASS III AT DOVE MOUNTAIN, LOTS 1-99, BLOCKS “1” AND “2”, COMMON AREAS
“A” AND “B” LOCATED APPROXIMATELY 0.4 MILES NORTH OF THE DOVE
MOUNTAIN BOULEVARD AND BOULDER BRIDGE PASS INTERSECTION.
WHEREAS the amended Dove Mountain Specific Plan was approved by the Town
Council on July 16, 2002, as Ordinance 2002.13; and
WHEREAS, the Dove Mountain Resort Final Plat was approved by the Town Council on
June 19, 2007, asResolution 2007-112 and
WHEREAS, the applicant, Baker & Associates Engineering, Inc. representing the
property owners, has applied for approval of a plat for the resubdivision of the Dove Mountain
Resort Final Plat, Block “C” and Block “G”, to create the Boulder Bridge Pass III at Dove
Mountain Final Plat, which consists of Lots 1 through 99, Blocks “1” and “2”, Common Areas
“A” and “B”, on 39.2 acres, and generally located 0.4 miles north of the Dove Mountain
Boulevard and Boulder Bridge Pass intersection, within Sections 15 and 16, Township 11 South
and Range 12 East; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA,that Boulder Bridge Pass III at Dove Mountain Final Plat, Lots 1–99,
Blocks “1” and “2”, Common Areas “A” and “B”, is hereby approved.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 21st day of October, 2014.
Mayor Ed Honea
ATTEST:APPROVED AS TO FORM:
Jocelyn C. Bronson, Town ClerkFrank Cassidy, Town Attorney
Resolution No. 2014-100
MARANA RESOLUTION NO. 2014-101
RELATING TO DEVELOPMENT; APPROVINGA DEVELOPMENT PLAN FOR DEL
WEBB AT DOVE MOUNTAIN COMMUNITY CENTER GENERALLY LOCATED .03
MILES SOUTH OF DOVE MOUNTAIN BOULEVARD ON DEL WEBB TRAIL
WHEREAS, the Dove Mountain Specific Plan was approved by the Town Council on
March 28, 2000, as Ordinance 2000.04; and
WHEREAS the Pulte Group Inc. has applied for approval of a development plan for Del
Webb at Dove MountainCommunity Center, a community/recreation center development on
6.16acres, and is generally located .03 miles south of Dove Mountain Boulevard on Del Webb
Trail, within a portion of Section 22, Township 11 South, Range 12 East; and
WHEREAS the Mayor and Council of the Town of Marana find that this resolutionis in
the best interests of the Town of Marana and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, that the Del Webb Community Centerat Dove Mountain Development
Plan is hereby approved.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 21st day of October, 2014.
Mayor Ed Honea
ATTEST:APPROVED AS TO FORM:
Jocelyn C. Bronson, Town ClerkFrank Cassidy, Town Attorney
{00039899.DOCX /}
Resolution No. 2014-10110/13/2014 6:06 PM SC/FC
Location Map
Case Number DPR1407-001
Del Webb at Dove Mountain Community
Center Development Plan
Boulder Brideg Pass I
Subdivision
Dove Mountain Blvd
Del Webb
Future Phase
Golden Barrel
Subdivision
Del Webb Subdivision
Subdivision
Los Saguaros Subdivision
Del Webb Trail
Subject Property
µ
00.10.20.4Miles
1:15,000
Request - Approval of a development plan for the Del Webb Community Center at Dove Mountain
MARANA RESOLUTION NO. 2014-102
RELATING TO DEVELOPMENT; APPROVING A FINAL PLAT FOR CONTINENTAL
RANCH RETAIL CENTER –WESTSIDE RESUBDIVISION #4, LOT 18 LOCATED
APPROXIMATELY 0.1 MILES SOUTHEAST OF THEINTERSECTION OF CORTARO
ROAD AND ARIZONA PAVILIONS DRIVE
WHEREAS the Continental Ranch Specific Plan was approved by the Town Council on
April 3, 1988by Ordinance 88.09; and
WHEREAS the Continental Ranch Retail Center Final Plat was approved by the Town
Council on October 1, 2002 by Resolution 2002-108; and
WHEREAS the Continental Ranch Retail Center –Westside Final Plat was approved by
Town Council on December 20, 2005 by Resolution 2005-152; and
WHEREAS the Continental Ranch Retail Center –Westside Resubdivision #3, Lots 13
& 4 Final Plat was approved by Town Council on December 3, 2013 by Resolution 2013-112;
and
WHEREAS the Mayor and Council of the Town of Marana find that this resolutionis in
the best interests of the Town of Marana and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, that the final plat for Continental Ranch Retail Center –Westside
Resubdivision #4,Lot 18 is hereby approved.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
st
this 21day of October, 2014.
Mayor Ed Honea
ATTEST:APPROVED AS TO FORM:
Jocelyn C. Bronson, Town ClerkFrank Cassidy, Town Attorney
Resolution No. 2014-10210/14/2014 9:40 AM SV/FC
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MARANA RESOLUTION NO. 2014-103
RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING THE TOWN
ENGINEER TO EXECUTE AND RECORD AN AMENDMENT TO THE LEGEND ON THE
COVER SHEET OF THE FINAL PLATFOR CASA SEVILLA LOTS 1-48 AND COMMON
AREAS “A” THRU “D” TO ESTABLISH A PUBLICSIDEWALK EASEMENT
IMMEDIATELY ADJACENTTO PUBLIC RIGHT-OF-WAY
WHEREAS the Final Plat for Casa Sevilla Lots 1-48 and Common Areas “A” thru “D”
was approvedby the Town Council on May 6, 2014, by the adoption of Marana Resolution No.
2014-041, and was recorded in the office of the Recorder of Pima County, Arizona, at Sequence
20141640175, for property generally located at the southwest corner of Tangerine Road and
Camino de Oeste;and
WHEREAS the description of a ten-foot public utility easement in the legend on the
cover sheet of the Final Plat for Casa Sevilla Lots 1-48 and Common Areas “A” thru “D” needs
to be amended to correct an error in wording and to create a one-foot public sidewalk easement
in the portion of the public utility easement immediately adjacent to public right-of-way;and
WHEREAS the Town Councilhas determined that the proposed amendment and this
process for making the amendment are the most efficient way to address the issue in a manner
that gives full disclosure of the revision to the general public and to purchasers of lots in the
subdivision, andshould be approved.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, that the amendment to the legend on the cover sheet of the Final Plat for Casa
Sevilla Lots 1-48 and Common Areas “A” thru “D” is hereby approvedin substantially the form
attached as Exhibit A to this resolution, and the Town Engineer is hereby authorized to execute
and record it on behalf of the Town.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 21stday of October, 2014.
Mayor Ed Honea
ATTEST:APPROVED AS TO FORM:
Jocelyn C. Bronson, Town ClerkFrank Cassidy, Town Attorney
{00039931.DOCX /}
Marana Resolution No. 2014-10310/15/2014 9:04 AM FJC
NOTICEOFAMENDMENTTOFINALPLATFORCASASEVILLA
LOTS1-48ANDCOMMONAREAS“A”THRU“D”
(Sequence 20141640175, Pima County Recorder’s Office)
The undersigned, who isthe only partyhaving any feetitle interest in the property depicted on
the final subdivision plat entitled ‘Final Plat for Casa Sevilla Lots 1-48and Common Areas “A”
thru “D”’(the “Casa Sevilla Plat”)recorded in the Pima County Recorder’s Office at Sequence
20141640175, with the consent and approval of the Town of Marana, hereby modifiesthe cover
sheet of the Casa Sevilla Plat as follows:
The “LEGEND” is hereby amended by deleting and replacing the“10’ PUBLIC
UTILITY; PRIVATE ROADWAY, MAINTENANCE & SIGNAGE EASEMENT”to
read as follows:
“10’ PUBLIC UTILITY, MAINTENANCE & SIGNAGE EASEMENT(P.U.E.),
INCLUDING A PUBLIC SIDEWALK EASEMENT ACROSS THE ONE-
FOOT AREA OF THE P.U.E. IMMEDIATELY ADJACENT TO PUBLIC
RIGHT-OF-WAY”
LTAA
ANDMARK ITLESSURANCEGENCY OF
A,LLC,an Arizona limited liability
RIZONA
company, as Trustee under Trust
CONSENT AND APPROVAL:
No.18300-T, and not otherwise
TM
OWN OF ARANA
By:
By________________________
Its:Keith Brann, Town Engineer
SA)
TATE OF RIZONA
SS
County of Pima)
The foregoing instrument was acknowledged before me on October ____, 2014,by
_________________________________, the ______________________________________ of
LTAAA,LLC,an Arizona limited liability company,
ANDMARK ITLESSURANCEGENCY OF RIZONA
as Trusteeunder Trust No.18300-T, and not otherwise.
(Seal)
Notary Public
ATTEST:APPROVED AS TO FORM:
Jocelyn C. Bronson, Town ClerkFrank Cassidy, Town Attorney
{00039864.DOCX / 2}10/15/2014 8:24 AMFJC
MARANA RESOLUTION NO. 2014-104
RELATING TO ADMINISTRATION; APPROVING AND AUTHORIZING THE FINANCE
DIRECTORTOEXECUTE AMENDMENT NUMBER THREETO THE CONTRACT
BETWEEN THE TOWN OF MARANA, THE ARIZONA DEPARTMENT OF
CORRECTIONS AND THE MANAGEMENT & TRAINING CORPORATION FOR INMATE
LABORSERVICES
WHEREAS the Town of Marana has maintained an agreement with the Arizona
Department of Corrections and the Management & Training Corporation for a number of years to
obtain use ofinmate labor crews from the Marana Community Correctional Treatment Facility;
and
WHEREASthe parties to theagreement desire to amend it to change the rate of pay for
inmate labor services; and
WHEREAS the Mayor and Council of the Town of Marana find it is in the best interests
of its citizens toapprove theamendment to the agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA,as follows:
SECTION 1. Amendment Number Threeto the contract between the Town of Marana,
the Arizona Department of Correctionsand the Management & Training Corporationfor inmate
labor services, attached to and incorporated by this reference in this resolution as Exhibit A,is
hereby approvedand the Finance Director is hereby authorized and directed to execute it for and
on behalf of the Town of Marana.
SECTION 2.The Town’s Manager and staff are hereby directed and authorized to
undertake all other and further tasks required or beneficial to implement and carry out the terms,
obligations, and objectives of the amendment.
Marana Resolution No. 2014-104
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this21stday of October, 2014.
Mayor Ed Honea
ATTEST:APPROVED AS TO FORM:
Jocelyn C. Bronson, Town ClerkFrank Cassidy, Town Attorney
Marana Resolution No. 2014-104
MARANA RESOLUTION NO. 2014-105
RELATING TO MUNICIPAL COURT; APPROVING THE REAPPOINTMENT OF SANDRA
CELAYA AS A CIVIL TRAFFIC VIOLATION HEARING OFFICERFOR THE MARANA
MUNICIPAL COURT
WHEREAS Section 5-2-3 of the Town Code provides that the Town Magistrate, with the
approval of the Town Council, may appoint one or more hearing officers to preside over civil
traffic violation cases; and
WHEREAS on August 21, 2012, via Resolution No. 2012-68, the Town Council
appointed Sandra Celaya as a civil traffic violation hearing officer; and
WHEREAS the Town Magistrate wishes to reappoint Sandra Celaya to continue her
service as a civil traffic violation hearing officeron as-needed basis; and
WHEREAS the Town Council finds that Sandra Celayapossessesthe requisite skill and
character to perform as a civil traffic violation hearing officer.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION 1. The Town Council hereby reappoints Sandra Celaya to continue her
service as a civil trafficviolationhearing officeron an as-needed basis, with a termeffective
immediatelyand expiringon August 31, 2016.
SECTION 2. The Town Council further directs that the hearing officer, Sandra Celaya,
who is a regular employee of the Town, shall receive no additional compensation as hearing
officer other than her regular pay and benefitsas an employee of the Town.
PASSED AND ADOPTED by the Mayor and Council ofthe Town of Marana, Arizona,
this 21stday of October, 2014.
Mayor Ed Honea
ATTEST:APPROVED AS TO FORM:
Jocelyn C. Bronson, Town ClerkFrank Cassidy, Town Attorney
{00039871.DOCX /}Resolution No. 2014-105
MARANA RESOLUTION NO. 2014-106
RELATING TO PARKS AND RECREATION; APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA
COUNTY, PINAL COUNTYAND THE TOWN OF MARANA FOR THE PURPOSE OF
FACILITATING COOPERATION BETWEEN THE PARTIES IN THE PLANNING,
DESIGN, AND IMPLEMENTATION OF TRAIL, PARK, PLANNING AND OPENSPACE
PROJECTS OF MUTUAL INTEREST
WHEREAS Pima County, Pinal County and the Town of Marana have a mutual interest
in the establishment of trails, trails-related facilities and parks in their respective jurisdictions
that will provide a wide range of benefits to their residents, including recreation, economic de-
velopment, health and fitness, historical and environmental education, and alternate modes trans-
portation opportunities; and
WHEREAS the parties may contract for services and enter into agreements with one an-
other for joint or cooperative action pursuant toA.R.S. § 11-952, et seq.; and
WHEREAS the Mayor and Council of the Town of Marana find it is in the best interests
of its citizens to enter into this intergovernmental agreement(IGA).
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OFMARANA, approving the intergovernmental agreement between Pima County, Pinal
County and the Town of Marana for the purpose of facilitating cooperation between the parties
in the planning, design, and implementation of trail, park, planning and open space projects of
mutual interest,attached to this resolution as Exhibit A, and authorizing the Mayorto execute it
for and on behalf of the Town of Marana.
IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and
authorized to undertake all other and further tasks required or beneficial to carry out the terms,
obligations, conditions and objectives of the IGA.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 21stday of October, 2014.
Mayor Ed Honea
ATTEST:APPROVED AS TO FORM:
Jocelyn C. Bronson, Town ClerkFrank Cassidy, Town Attorney
Resolution No. 2014-106
INTERGOVERNMENTAL AGREEMENT
between
PIMA COUNTY, PINAL COUNTY and the TOWN OF MARANA
This INTERGOVERNMENTAL AGREEMENT (“Agreement”) is made and entered into
by and between Pima County, Arizona (“Pima”), a body politic and corporate, Pinal County,
Arizona (“Pinal”), a body politic and corporate, and the Town of Marana (“Marana”), an Arizona
municipal corporation, pursuant to ARS §11-952 for the purpose of facilitating cooperation
between the parties in the planning, design, and implementation of the Anza National Historic
Trail, the Central Arizona Project Trail, Tortolita Mountain Park, and other trail, park, planning
and open space projects of mutual interest.
RECITALS
1. Pima, Pinal and Marana have a mutual interest in the establishment of trails, trails-related
facilities and parks in their respective jurisdictions that will provide a wide range of benefits to
their residents, including recreation, economic development, health and fitness, historical and
environmental education, and alternate modes transportation opportunities.
2. The Tortolita mountain range is contained in both Pima and Pinal Counties, and a large
portion of the range is in and borders Marana. Pima is currently developing a portion of the
range as a regional mountain park. Pinal and Marana participated in the preparation of the master
plan for the park in 1996-97. Pinal and Marana have been supportive of Pima’s effort to acquire
land to expand the park in both Pima and Pinal Counties. Pima has an interest in working with
Pinal and Marana to define and establish a conceptual planning boundary for the Tortolita
Mountain Park as the park progresses. Pima is prepared to assist Pinal and Marana with the
preparation of a conceptual planning boundary or master plan for their portions of the park.
3. The Juan Bautista de Anza National Historic Trail is the only National Historic Trail in
the State of Arizona and one of just a small number of such trails in the United States. The trail
passes through Pima and Pinal Counties and Marana on its way to the San Francisco Bay Area,
and is the focus of local, state and national preservation and development efforts.
4. Pima, Pinal and Marana are home to segments of the Central Arizona Project (“CAP”)
canal, which, in addition to its principal purpose as a conduit of Colorado River water for all
three jurisdictions, offers outstanding potential for the development of a long-distance
recreational trail within its right-of-way. The CAP Trail is presently under development in Pima,
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and a master planning project for a 55-mile segment of the trail stretching from the Pascua Yaqui
Tribal Nation southwest of Tucson to the Picacho Mountains in Pinal was initiated in December
of 2002 and completed in 2008. In addition, the CAP Trail was designated as a National
Recreation Trail in 2003.
5. Pinal has undertaken a county-wide trails master planning process to identify a regional
trail system with linkages to trails listed on the Pima Regional Trail System Master Plan and to
Tortolita Mountain Park. Pima has developed considerable expertise in regional trails planning
through the development and implementation of the Pima Regional Trail System Master Plan,
and is willing to share that expertise with Pinal and Marana.
6. Pima has established productive partnerships with other agencies capable of assisting
with the development of the Anza National Historic Trail, the CAP Trail, Tortolita Mountain
Park, and other trails and park projects such as the U.S. Bureau of Reclamation and the National
Park Service, which have funding and staff expertise to contribute to the planning and
implementation of these projects, and wishes to assist Pinal and Marana with the establishment
of similar relationships.
7. Pima, Pinal and Marana, under A.R.S §11-952, have the authority to enter into an
agreement to facilitate cooperation in the planning, design, and implementation of the Anza
National Historic Trail, the CAP Trail, Tortolita Mountain Park, and other trail, park, planning
and open space projects of mutual interest.
NOW, THEREFORE
, in consideration of the above recitals, Pima, Pinal and Marana
agree as follows:
A.Obligations of Pima County:
Pima County will:
1. Share information with Pinal and Marana regarding land use plans, zoning, regional
planning documents, and other subjects that may affect the planning, design and/or
development of the Anza National Historic Trail, the CAP Trail, Tortolita Mountain Park
and other trail, park, planning and open space projects of mutual interest.
2. Keep Pinal and Marana informed regarding the progress of the development of Tortolita
Mountain Park, and work cooperatively to develop and implement plans for the segment
of Tortolita Mountain Park located in southern Pinal County.
3. Manage any BLM lands located in southern Pinal County brought into Tortolita
Mountain Park through the Cooperative Management Agreement (CMA) or Recreation
and Public Purposes Act process (R&PP) on behalf of Pinal as a part of Tortolita
Mountain Park, consistent with the Tortolita Mountain Park-BLM CMA (pending),
pertinent R&PP applications, and other applicable agreements.
4. Provide technical assistance and support for Pinal’s and Marana’s efforts to preserve and
develop their respective segments of the Juan Bautista de Anza National Historic Trail.
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5. Include Pinal and Marana as future members of the core planning team in the preparation
of CAP Trail documents.
6. Allow the staff of the Pima County Natural Resources, Parks and Recreation Department
to participate, as time and workloads allow, as an advisor in the development and
implementation of trails master plans, comprehensive plans, and any other plans of
mutual interest.
7. Share the resources of Pima’s GIS system relative to the trail and park projects
encompassed by this Agreement.
8. Share information regarding grant and other funding opportunities, and support Pinal and
Marana’s efforts to secure funding for trails and trails-related projects of mutual interest
by providing information, letters of support, and grant preparation advice and assistance.
9. Encourage Pinal’s and Marana’s participation in applicable future regional planning
projects of mutual interest undertaken by Pima.
10. Assist with the coordination of staff and volunteer participation in the planning, design,
construction and maintenance of trail, park, planning and open space projects of mutual
interest.
B.Obligations of Pinal County:
Pinal County will:
1. Share information with Pima and Marana regarding land use plans (particularly
comprehensive plans), zoning, regional planning documents, and other subjects that may
affect the planning, design and/or development of the Anza National Historic Trail, the
CAP Trail, Tortolita Mountain Park and other trail, park, planning and open space
projects of mutual interest.
2. Share information contained within Pinal’s GIS data bases and Assessor’s records and
make it available to Pima, Marana, their consultants, and the U.S. Bureau of
Reclamation, as resources allow, for use in the planning and implementation of the Anza
National Historic Trail, the CAP Trail, Tortolita Mountain Park, and other trail, park,
planning and open space projects of mutual interest.
3. Work cooperatively with Pima, Marana and other local, state and national groups in the
preservation and development of the Anza National Historic Trail.
4. Support the effort to plan and implement the CAP Trail, and allow Pima and Marana to
participate as members of the core planning team when any CAP Trail documents are
prepared.
5. Participate in the planning and implementation of Tortolita Mountain Park, including the
development and implementation of a conceptual planning boundary for the park in Pima
and Marana.
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6. Serve as the applicant of record to facilitate the acquisition and addition of BLM property
designated for disposal through the Recreation and Public Purposes Act (R&PP) to
Tortolita Mountain Park, including a 720-acre tract of BLM property located in Sections
21 and 22 of T10S, R12E.
7. Provide its permission for Pima to include BLM Cooperative Recreation Management
Area (CRMA) lands identified in the 1988 Phoenix District Resource Management Plan
(RMP) and located within the planning boundary of Tortolita Mountain Park in its
Cooperative Management Agreement (CMA) with the BLM.
8. Support Pima’s management of the BLM lands added to Tortolita Mountain Park through
the Cooperative Management Agreement (CMA) and Recreation and Public Purposes
Act (R&PP) processes located in southern Pinal County.
9. Share information regarding grant and other funding opportunities, and support Pima and
Marana’s efforts to secure funding for the development of Tortolita Mountain Park
(particularly Growing Smarter grant funds), trails and other projects of mutual interest by
providing information, letters of support, and related assistance.
10. Make staff from applicable Pinal County departments available to assist with the
planning, design and implementation of the Anza National Historic Trail, the CAP Trail,
Tortolita Mountain Park, and other trail, park, planning and open space projects of mutual
interest as funding, resources and workloads allow.
11. Encourage Pima’s and Marana’s participation in applicable future regional planning
projects of mutual interest undertaken by Pinal.
12. Share the resources of Pinal’s GIS system relative to the trail and park projects
encompassed by this IGA.
C.Obligations of Marana:
The Town of Marana will:
1. Share information with Pima and Pinal regarding land use plans, zoning, regional
planning documents, and other subjects that may affect the planning, design and/or
development of the Anza National Historic Trail, the CAP Trail, Tortolita Mountain Park
and other trail, park, planning and open space projects of mutual interest.
2. Keep Pima and Pinal informed regarding the progress of the development of Tortolita
Mountain Park in its jurisdiction.
3. Provide technical assistance and support for Pima’s and Pinal’s efforts to preserve and
develop their respective segments of the Juan Bautista de Anza National Historic Trail.
4. Include Pima and Pinal as future members of the core planning team in the preparation of
any CAP Trail documents in Marana’s jurisdiction.
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5. Allow the staff of Marana’s Parks and Recreation Department to participate, as time and
workloads allow, as an advisor in the development and implementation of trails master
plans, comprehensive plans, and any other plans or matters of mutual interest.
6. Share the resources of Marana’s GIS system relative to the trail and park projects and
matters of mutual interest encompassed by this Agreement.
7. Share information regarding grant and other funding opportunities, and support Pima’s
and Pinal’s efforts to secure funding for trails and trails-related projects of mutual interest
by providing information, letters of support, and grant preparation advice and assistance.
8. Encourage Pima’s and Pinal’s participation in applicable future regional planning
projects of mutual interest undertaken by Marana.
9. Assist with the coordination of staff and volunteer participation in the planning, design,
construction and maintenance of trail, park, planning and open space projects and
projects of mutual interest.
D. General Provisions:
1. MODIFICATION. Modifications to the scope of this agreement shall be made in
writing, and be signed and dated by all three parties, prior to any changes being performed. None
of the parties is obligated to support any changes not properly approved.
2. ACCESS TO RECORDS. The Parties shall provide each other with full and complete
access to the records of any project undertaken in whole or part pursuant to this Agreement.
3. TERM AND TERMINATION. The term of this Agreement is ten years. This Agreement
may be renewed up for up to three additional ten-year terms upon written approval of the parties.
Any party may terminate this Agreement without cause upon thirty (30) days written notice to
the other parties.
4. NONDISCRIMINATION. The parties shall comply with all federal, state and local laws
which prohibit discrimination. Included under this prohibition is discrimination based on race,
age, gender, national origin, color, religion, and disability. Projects undertaken in partnership by
the parties shall comply, to the maximum extent feasible, with the Americans with Disabilities
Act.
5. PARTICIPATION IN SIMILAR ACTIVITIES. This Agreement in no way restricts any
of the parties from participating in similar activities with other public or private agencies,
organizations, and individuals.
6. AVAILABILITY OF FUNDS. Any duty, responsibility, function, or activity set forth by
this Agreement is subject to the availability of appropriated funds or any other available
resources.
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7. COMPLIANCE WITH LAWS. The Parties shall comply with all applicable federal,
state and local laws, statutes, ordinances, rules and regulations and standards. This Agreement is
governed by the laws of the State of Arizona.
8. CONFLICT OF INTEREST. This Agreement is subject to cancellation for conflict of
interest pursuant to A.R.S. §38-511, the material provisions of which are incorporated herein by
this reference.
9. NON-WARRANTY. The Parties do not warrant their right or power to enter into this
Agreement, and if the same is invalidated by court action initiated by third persons, this
Agreement shall terminate and there shall be no liability to any Party by reason of such action or
by reason of this Agreement.
10. PRINCIPAL CONTACTS. The principal contacts for this Agreement are:
Pima County:
Director
Pima County Natural Resources, Parks and Recreation
3500 W. River Road
Tucson, Arizona 85741
Pinal County:
County Manager
Pinal County
31 N. Pinal Street
Florence, Arizona 85232
Marana:
Town Manager
Town of Marana
11555 W. Civic Center Drive
Marana, Arizona 85653
11. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between the
Parties, and no modification or amendment hereto shall be binding unless in writing and signed
by all parties.
12. MUTUAL INDEMNIFICATION. To the fullest extent permitted by law, each party
(as “Indemnitor”) agrees to indemnify, defend and hold harmless the other parties, its officers,
officials, employees, agents, volunteers, successors, and assigns (as “Indemnitees”) from and
against any and all claims, losses, liability, costs or expenses (including reasonable attorney
fees), hereinafter collectively referred to as “claims,” arising out of bodily injury to any person
(including death) or property damage, but only to the extent that such claims which result in
vicarious/derivative liability to the Indemnitees, are caused by the act, omission, negligence,
misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or
{00039844.DOC /}
7
volunteers, successor, or assigns, provided, however, that the Indemnitor shall have no obligation
to indemnify the Indemnitee for the Indemnitee's passive negligence..
13. WORKERS’ COMPENSATION. For purposes of Workers' Compensation, an
employee of a party to this Agreement who works under the jurisdiction or control of, or who
works within the jurisdictional boundaries of, another party pursuant to this specific Agreement,
is deemed to be an employee of both parties, as provided in A.R.S. § 23-1022(D). The primary
employer of such employee shall be solely liable for payment of Workers' Compensation
benefits for the purposes of this paragraph. Each party shall comply with the notice provisions
of A.R.S. § 23-1022(E).
14. COUNTERPARTS. This Agreement may be executed in counterparts, each of which
shall be an original, but all of which together shall constitute one and the same Agreement.
15. E-VERIFY RECORDS AND AUDITS. To the extent applicable under A.R.S. §41-4401,
the parties warrant their compliance with all federal and immigration laws and regulations that
relate to their employees and compliance with the E-Verify requirements under A.R.S. § 23-
214(A). A party’s breach of the above-mentioned warranty shall be deemed a material breach of
the Agreement and may result in the termination of the Agreement by either party under the
terms of the Agreement. The parties each retain the legal right to randomly inspect the papers
and records of the other party to ensure that the other party is complying with the above-
mentioned warranty. The parties warrant to keep their respective papers and records open for
random inspection during normal business hours by the other party. The parties shall cooperate
with any other party’s random inspections, including granting the inspecting party entry rights
onto their respective properties to perform the random inspection and waiving their respective
rights to keep such papers and records confidential.
S
[]
IGNATURE PAGE FOLLOWS
{00039844.DOC /}
8
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the last date
written below:
ATTEST: PINAL COUNTY
______________________ ______________________
Clerk of the Board Chair, Board of Supervisors
______________________
Date
ATTEST: PIMA COUNTY
______________________ ______________________
Clerk of the Board Chair, Board of Supervisors
______________________
Date
ATTEST: TOWN OF MARANA:
_________________________ ________________________
Town Clerk Mayor
________________________
Date
{00039844.DOC /}
9
APPROVED AS TO CONTENT:
___________________________
Director, Pima County Natural Resources, Parks and Recreation Department
APPROVED AS TO CONTENT:
___________________________
Director of Pinal County Parks and Recreation Department
APPROVED AS TO CONTENT:
____________________________
Director, Marana Parks and Recreation Department
{00039844.DOC /}
10
INTERGOVERNMENTAL AGREEMENT DETERMINATION
The foregoing Intergovernmental Agreement between Pima County, Pinal County and the Town
of Marana has been reviewed pursuant to A.R.S. §11-952 by the undersigned, who have
determined that it is in proper form and is within the powers and authority granted under the laws
of the State of Arizona to those Parties to the Intergovernmental Agreement represented by the
undersigned.
PIMA COUNTY:
__________________________
Deputy County Attorney
PINAL COUNTY:
__________________________
County Attorney
MARANA:
_________________________
Town Attorney
{00039844.DOC /}
SPECIAL COUNCIL MEETING
MINUTES
11555 W. Civic Center Drive, Marana, Arizona 85653
Board Room, Marana Municipal Complex
Tuesday, October 7, 2014, at or after 6:00 PM
Ed Honea, Mayor
Jon Post, Vice Mayor
David Bowen, Council Member
Patti Comerford, Council Member
Herb Kai, Council Member
Carol McGorray, Council Member
Roxanne Ziegler, Council Member
SPECIAL COUNCIL MEETING
CALL TO ORDER AND ROLL CALL. Mayor Honea
called the meeting to order at 6:01
RecordsAdministrator,Hilary HiserVice Mayor PostCouncil
p.m. called roll. and
Member McGorray
wereexcused. All other Council Members were present, constituting a
quorum.
DISCUSSION/POSSIBLE ACTION
D1: Relating to Open Meeting Law; presentation and discussion regarding the Arizona Open
Mayor HoneaSusan Goodwin
Meeting Law, A.R.S. § 38-431 et seq.introduced guest speaker
of Curtis, Goodwin, Sullivan, Udall & Schwab, P.L.C. Ms. Goodwin started her presentation by
briefly explaining how she determined the Council violated the opening meeting law viaemail.
Town Attorney,Frank
Ms. Goodwin’s involvement in this matter was at the request of the
Cassidy
and her recommendation fortraining isto help the Council avoid accidental violations
of the law in the future. Ms. Goodwin said she did not find evidence of Council Members
crafting agreements, but rather proposing legal action in a quorum settingwith four or more
Council Members emailed.
Ms. Goodwin
stated her trainingfocusesspecifically on serial meetings and emails,which are
common types of violations. She did emphasize that most violations of the law are
unintentional. Ms. Goodwin reminded the Council Members that when a quorum is present
outside of a scheduled meeting,with an agenda,andthe members discuss Town business that
constitutesa violation of the open meeting lawbecause the members are in an informal meeting.
A serial meeting occurs when Council Members discuss or propose items related to Town
1
October 7, 2014 Special Council Meeting Minutes
business with less than a quorum present and then continue to have smaller meetings with less
than a quorum present to discuss or propose the same Town business.
Ms. Goodwin
explained that when emailing council members regarding Town business, Council
Members should remember what constitutes a quorum and also determine if the content is fact
based or opinion based. Ms. Goodwin warnedthat Council Members can provide facts to other
members, but expressing opinions regarding those facts is a slippery slop towards proposing
legal action and mightbe considered a violation of the open meeting law. Ms. Goodwin
suggestedthat during conversations with colleagues, Council Membersnot to express an opinion
regarding Town business because that opinion might lead to a proposal in the future.
Ms. Goodwin
briefly touched on the use of social media by elected officials. If the Council
Member has more than a quorum of Council Members as friends, Ms. Goodwin suggestedthat
Council Members with private Facebook pages avoid making comments regarding Town
business. Although this might not be a direct violation of the open meeting law, shecautioned
this might become a violation of the lawin the future. Ms. Goodwininsisted that social media
participation by Council Members should only be for personal use and not a platform for Town
business.
Ms. Goodwin
Finally,concluded her presentation by reviewing the protocol for Council
Members attending other open public meetings as a quorum. If Council Members attend a
meeting where a quorum is present, that attendance needs acourtesyquorum notice and
members should not discuss or propose information related to Town business while at that
meeting.
Mayor Honea
indicated that these restrictions appear to prevent any meaningful conversation
Ms. Goodwin
regarding Town business. responded that Council Members can participate in
events and other meetings, but cannot discuss Town business that might resultin a future
proposal during these events. Ms. Goodwin emphasized that Council Members need to
remember what constitutes a quorum during informal engagements. Ms. Goodwin also
cautioned that the Town Manager must be careful not to reveal to other Council Members what
the opinions or possible leanings are of their colleagues. Ms. Goodwin acknowledged that the
open meeting law does present some limitations, but does not prevent discussion by Council
Members.
Council Member Ziegler
statedthat her accidental violation of the open meeting law with her
email was a mistake and she is deeply regretful for any harm it has caused. However, she did
express frustration and hurt regarding the manner in which Town management handled the
situation. Council Member Ziegler did indicate that she would be more diligent in reviewing
how many Council Members she emails at a time and will be sure not respond with opinions that
might be misinterpreted.
Mr.CassidyCouncil Member Ziegler’s
addressedcomments and remindedthe Council that
when an open meeting law violation occurs, the Town must correct the violation quickly to
ensure the future integrity of all Council decisions post violation. The Town is able to minimize
2
October 7, 2014 Special Council Meeting Minutes
any possible damage from the mistake by openly addressing the actual violation and presenting it
in a public forum.
Council Member Kai
indicated his personal opinion of Council Member Ziegler did not
diminish and he still has respect for her, but believes the Council can only become stronger with
this type of training.
Council Member Bowen
expressed concern that some settings, like a study session, do not help
to fully illustrate an issue. He understands the constraints theCouncilfaces regarding the open
meeting law, but is unclear about the proper methodsto obtain the more detailed and nuanced
Ms. Goodwin
information required for makingan informed decision. acknowledged the open
meeting law is not crystal clear and there is grey area to its interpretation and application. She
advised that it is safer to err on the side of caution and assume an issue will come before council.
Ms. Goodwin again emphasized that Council Members can have one-on-one conversationswith
the Town Managerfor background and history related to a project, but must limit their
conversations with other Council Membersto avoid an accidental violation of the law.
ADJOURNMENT.
Motion to adjourn at 6:47p.m. by Council Member Kai,secondprovided
.
by Council Member Bowen. Passed unanimously 5-0
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council
meeting held on October 7, 2014. I further certify that a quorum was present.
___________________________
Hilary H. Hiser, Records Administrator for Jocelyn C. Bronson, Town Clerk
3
October 7, 2014 Special Council Meeting Minutes
4VMRX*SVQ
Arizona Department of Liquor Licenses and Control
800 West Washington, 5th Floor
Phoenix, Arizona 85007
www.azliquor.gov
602-542-5141
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LL2014-08
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Regular Marana TownCouncil
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PMG
Department of Liquor Licenses and Control
Descriptions of Common Types of Liquor Licenses
Series 6 Bar
The bar (series 6) liquor license is a "quota" license available only through the Liquor
License Lotteryor for purchase on the open market. Once issued, this liquor license is
transferablefrom person to person and/or location to location within the same county
and allows the holder both on-& off-sale retail privileges. This license allows a bar
retailer to sell and serve all types of spirituous liquors, primarily by individual portions,
to be consumed on the premises and in the original container for consumption on or off
the premises. A retailer with off-sale ("To Go") privileges may deliver spirituous liquor
off of the licensed premises in connection with a retail sale. A.R.S. § 4-206.01.F. states
that after January 1, 2011, the off-sale privileges associated with a bar license shall be
limited to no more than 30% of the total annual sales receipts of liquor by the licensee at
that location. Payment must be made no later than the time of delivery. Off-sale ("To
Go") package sales of spirituous liquor can be made on the bar premises as long as the
area of off-sale operation does not utilize a separate entrance and exit from the ones
provided for the bar. A hotel or motel with a Series 6 license may sell spirituous liquor
in sealed containers in individual portions to its registered guests at any time by means
of a minibar located in the guest rooms of registered guests. The registered guest must
be at least twenty-one (21) years of age. Access to the minibar is by a key or magnetic
card device and not furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m.
Series 7 Beer and Wine Bar
The beer and wine bar (series 7) liquor license is a "quota" license available only
through the Liquor License Lottery or for purchase on the open market. Once issued,
this liquor license is transferable from person to person and/or location to location
within the same county and allows the holder both on-& off-sale retail privileges. This
license allows a beer and wine bar retailer to sell and serve beer and wine (no other
spirituous liquors), primarily by individual portions, to be consumed on the premises
and in the original container for consumption on or off the premises. A retailer with off-
sale ("To Go") privileges may deliver spirituous liquor off of the licensed premises in
connection with a retail sale. A.R.S. § 4-206.01.F. states that after January 1, 2011, the off-
sale privileges associated with a bar license shall be limited to no more than 30% of the
total annual sales receipts of liquor by the licensee at that location. Off-sale ("To Go")
package sales can be made on the bar premises as long as the area of off-sale operation
does not utilize a separate entrance and exit from the one providedfor the bar. Payment
must be made no later than the time of delivery.
{00018233.DOC / 2}
Department of Liquor Licenses and Control
Descriptions of Common Types of Liquor Licenses
Series 9 Liquor Store
The liquor store (series 9) license is a "quota" license available only through the Liquor
License Lottery or for purchase on the open market. Once issued, thisliquor license is
transferable from person to person and/or location to location within the same county
and allows a spirituous liquor store retailer to sell all types of spirituous liquors, only in
the original unbroken package, to be taken away from thepremises of the retailer and
consumed off the premises. A retailer with off-sale privileges may deliver spirituous
liquor off of the licensed premises in connection with a retail sale. Payment must be
made no later than the time of delivery. Series 9 (liquor store) licensees and applicants
may apply for unlimited sampling privileges by completing the Sampling Privileges
form.
Series 10 Beer and Wine Store
This non-transferable, off-sale retail privileges liquor license allows a retail store to sell
beer and wine (no other spirituous liquors), only in the original unbroken package, to
be taken away from the premises of the retailer and consumed off the premises. A
retailer with off-sale privileges may deliver spirituous liquor off of the licensed
premises in connection with a retail sale. Payment must be made no later than the time
of delivery. Series 10 (beer and wine store) licensees and applicants may apply for
unlimited sampling privileges by completing the Sampling Privileges form.
Series 11 Hotel/Motel
This non-transferable, on-sale retail privileges liquor license allows the holder of a
hotel/motel license to sell and serve all types of spirituous liquor solely for
consumption on the premises of a hotel or motel that has a restaurant where food is
served on the premises. The restaurant on the licensed premises must derive at least
forty percent (40%) of its gross revenue from the sale of food. The holder of this license
may sell spirituous liquor in sealed containers in individual portions to its registered
guests at any time by means of a minibar located in the guest rooms of registered
guests. The registered guest must be at least twenty-one (21) years of age. Access to the
minibar is provided by a key or magnetic card device and may not be furnished to a
guest between the hours of 2:00 a.m. and 6:00 a.m.
Series 12 Restaurant
This non-transferable, on-sale retail privileges liquor license allows the holder of a
restaurant license to sell and serve all types of spirituous liquor solely for consumption
on the premises of an establishment which derives at least forty percent (40%) of its
gross revenue from the sale of food. Failure to meet the 40% food requirement may
result in revocation of the license.
{00018233.DOC / 2}
Arizona Department of Liquor Licenses and Control
800 West Washington, 5th Floor
Phoenix, Arizona 85007
www.azliquor.gov
602-542-5141
03'%0+3:)62-2+&3(=6)'311)2(%8-32
'-8=83;23*CCCCCCCCCCCCCCCCCCCCCCCCCCC78%8)%440-'%8-32CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC
'3928=3*CCCCCCCCCCCCCCCCCCCCCCCC%6->32%'-8=83;2'3928=CCCCCCCCCCCCCCCCCCCCCCCCCCCC
36()6CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC
%XECCCCCCCCCCCCCCCCQIIXMRKSJXLICCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCSJXLI'MX]8S[R'SYRX]
6IKYPEVSV7TIGMEP
+SZIVRMRK&SH]
SJCCCCCCCCCCCCCCCCCCCCCCCCCCCCCLIPHSRXLICCCCCCCHE]SJCCCCCCCCCCCCCCCCCCCCCCCXLI
(E]
1SRXL
=IEV
ETTPMGEXMSRSJCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCJSVEPMGIRWIXSWIPPWTMVMXYSYWPMUYSVWEX
XLITVIQMWIWHIWGVMFIHMR%TTPMGEXMSRCCCCCCCCCCCCCCCCCCCCCCCCCC0MGIRWI'PEWW7IVMIWCCCCCCCCC[EW
GSRWMHIVIHEWTVSZMHIHF]8MXPI%67EWEQIRHIH
-8-78,)6)*36)36()6)(XLEXXLI%440-'%8-32SJCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC
MWLIVIF]VIGSQQIRHIHJSVCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC
ETTVSZEPHMWETTVSZEP
EPMGIRWIXSWIPPWTMVMXYSYWPMUYSVWSJXLIGPEWWERHMRXLIQERRIVHIWMKREXIHMRXLI%TTPMGEXMSR
-8-7*968,)636()6)(XLEXIH'ST]SJXLMW3VHIVFIMQQIHMEXIP]XVERWQMXXIHXSXLI
(ITEVXQIRXSJ0MUYSV0MGIRWIWERH'SRXVSP0MGIRWMRK(MZMWMSR4LSIRM\%VM^SRE
CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC'-8=83;2'3928='0)6/
(%8)(%8CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC
8LMWCCCCCCCCHE]SJCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC
(E]
1SRXL
=IEV
(MWEFPIHMRHMZMHYEPWVIUYMVMRKWTIGMEPEGGSQQSHEXMSRWTPIEWIGEPPXLI(ITEVXQIRX
PMG
Department of Liquor Licenses and Control
Descriptions of Common Types of Liquor Licenses
Series 6 Bar
The bar (series 6) liquor license is a "quota" license available only through the Liquor
License Lotteryor for purchase on the open market. Once issued, this liquor license is
transferablefrom person to person and/or location to location within the same county
and allows the holder both on-& off-sale retail privileges. This license allows a bar
retailer to sell and serve all types of spirituous liquors, primarily by individual portions,
to be consumed on the premises and in the original container for consumption on or off
the premises. A retailer with off-sale ("To Go") privileges may deliver spirituous liquor
off of the licensed premises in connection with a retail sale. A.R.S. § 4-206.01.F. states
that after January 1, 2011, the off-sale privileges associated with a bar license shall be
limited to no more than 30% of the total annual sales receipts of liquor by the licensee at
that location. Payment must be made no later than the time of delivery. Off-sale ("To
Go") package sales of spirituous liquor can be made on the bar premises as long as the
area of off-sale operation does not utilize a separate entrance and exit from the ones
provided for the bar. A hotel or motel with a Series 6 license may sell spirituous liquor
in sealed containers in individual portions to its registered guests at any time by means
of a minibar located in the guest rooms of registered guests. The registered guest must
be at least twenty-one (21) years of age. Access to the minibar is by a key or magnetic
card device and not furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m.
Series 7 Beer and Wine Bar
The beer and wine bar (series 7) liquor license is a "quota" license available only
through the Liquor License Lottery or for purchase on the open market. Once issued,
this liquor license is transferable from person to person and/or location to location
within the same county and allows the holder both on-& off-sale retail privileges. This
license allows a beer and wine bar retailer to sell and serve beer and wine (no other
spirituous liquors), primarily by individual portions, to be consumed on the premises
and in the original container for consumption on or off the premises. A retailer with off-
sale ("To Go") privileges may deliver spirituous liquor off of the licensed premises in
connection with a retail sale. A.R.S. § 4-206.01.F. states that after January 1, 2011, the off-
sale privileges associated with a bar license shall be limited to no more than 30% of the
total annual sales receipts of liquor by the licensee at that location. Off-sale ("To Go")
package sales can be made on the bar premises as long as the area of off-sale operation
does not utilize a separate entrance and exit from the one providedfor the bar. Payment
must be made no later than the time of delivery.
{00018233.DOC / 2}
Department of Liquor Licenses and Control
Descriptions of Common Types of Liquor Licenses
Series 9 Liquor Store
The liquor store (series 9) license is a "quota" license available only through the Liquor
License Lottery or for purchase on the open market. Once issued, thisliquor license is
transferable from person to person and/or location to location within the same county
and allows a spirituous liquor store retailer to sell all types of spirituous liquors, only in
the original unbroken package, to be taken away from thepremises of the retailer and
consumed off the premises. A retailer with off-sale privileges may deliver spirituous
liquor off of the licensed premises in connection with a retail sale. Payment must be
made no later than the time of delivery. Series 9 (liquor store) licensees and applicants
may apply for unlimited sampling privileges by completing the Sampling Privileges
form.
Series 10 Beer and Wine Store
This non-transferable, off-sale retail privileges liquor license allows a retail store to sell
beer and wine (no other spirituous liquors), only in the original unbroken package, to
be taken away from the premises of the retailer and consumed off the premises. A
retailer with off-sale privileges may deliver spirituous liquor off of the licensed
premises in connection with a retail sale. Payment must be made no later than the time
of delivery. Series 10 (beer and wine store) licensees and applicants may apply for
unlimited sampling privileges by completing the Sampling Privileges form.
Series 11 Hotel/Motel
This non-transferable, on-sale retail privileges liquor license allows the holder of a
hotel/motel license to sell and serve all types of spirituous liquor solely for
consumption on the premises of a hotel or motel that has a restaurant where food is
served on the premises. The restaurant on the licensed premises must derive at least
forty percent (40%) of its gross revenue from the sale of food. The holder of this license
may sell spirituous liquor in sealed containers in individual portions to its registered
guests at any time by means of a minibar located in the guest rooms of registered
guests. The registered guest must be at least twenty-one (21) years of age. Access to the
minibar is provided by a key or magnetic card device and may not be furnished to a
guest between the hours of 2:00 a.m. and 6:00 a.m.
Series 12 Restaurant
This non-transferable, on-sale retail privileges liquor license allows the holder of a
restaurant license to sell and serve all types of spirituous liquor solely for consumption
on the premises of an establishment which derives at least forty percent (40%) of its
gross revenue from the sale of food. Failure to meet the 40% food requirement may
result in revocation of the license.
{00018233.DOC / 2}
MARANA ORDINANCE NO. 2014.025
RELATING TO DEVELOPMENT; APPROVING A REZONINGOF APPROXIMATELY 92
ACRES OF LAND LOCATED ON BOTH THE NORTHEAST AND NORTHWEST
CORNERS OF INA AND SILVERBELL ROAD ONE MILE WEST OF INTERSTATE 10,
WEST OF THE SANTA CRUZ RIVER, FROM‘ZONE A -SMALL LOT,’ ‘ZONE E –
TRANSPORTATION CORRIDOR,’ ‘LI –LIGHT INDUSTRIAL,’ ‘NC –NEIGHBORHOOD
COMMERCIAL,’ ‘VC -VILLAGE COMMERCIAL,’ ‘R-6 RESIDENTIAL,’ ‘R-10
RESIDENTIAL,’ AND ‘R-36 RESIDENTIAL’ TO ‘F’ SPECIFIC PLAN FORTHE PURPOSE
OF CREATING THE SILVERBELL GATEWAY SPECIFIC PLAN; AND APPROVING A
MINOR AMENDMENT TO THE GENERAL PLAN
WHEREAS Shetland Properties Company, LLC, Prestwick Properties, LLC and
Doornoch Properties, LLC,(the “Property Owners”)collectively own approximately 92acres of
property located on both the northeast and northwest corners of Ina and Silverbell Road one mile
west of Interstate 10, west of the Santa Cruz River, within a portion of the South half of Section
35, Township 12 South, Range 12 East, as described in Exhibit “A” attached to and incorporated
inthis ordinance by this reference(the “Rezoning Area”); and
WHEREAS the Property Owners have authorized The Planning Center (the
“Applicants”) to submit an application to rezone the 92 acres from ‘Zone A -Small Lot’, ‘Zone
E –Transportation Corridor’, ‘LI –Light Industrial’, ‘NC –Neighborhood Commercial’, ‘VC -
Village Commercial’, ‘R-6 Residential’, ‘R-10 Residential’, and ‘R-36 Residential’ to‘F’
(Specific Plan)(“this Rezoning”); and
WHEREAS, the Marana Planning Commission held a public hearing on September 24,
2014to consider an application to rezone the Rezoning Area to ‘F’ and voted unanimously (6-0
with one vacant commission seat) to recommend that the Town Council approve this Rezoning;
and,
WHEREAS, the Marana Mayor and Town Council held a public hearing on October 21,
2014 and determined that the application for rezoning should be approved.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of
Marana, Arizona, as follows:
Section 1.
The zoning of the Rezoning Area is hereby changed from‘Zone A -Small
Lot,’ ‘Zone E –Transportation Corridor,’ ‘LI –Light Industrial,’ ‘NC –Neighborhood
Commercial,’ ‘VC -Village Commercial,’ ‘R-6 Residential,’ ‘R-10 Residential,’ and ‘R-36
Residential’ to ‘F’ Specific Plan,creating the Silverbell Gateway Specific Plan.
Section 2.
A minor amendment to the General Plan is hereby approved, changing the
General Plan designation of the Rezoning Area from Low Density Residential (LDR),
Commercial (C), and Industrial (I)to Master Planning Area (MPA).
{00039911.DOCX / 2}
-3 -
Ordinance No 2014.02510/14/2014 2:03 PMCR/FC
Section 3.
This Rezoning is 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):
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.Any preliminary plat or development plan shall be in general conformance with the Land Use
Concept of the Silverbell Gateway Specific Plan.
3.Based on the Town-accepted Traffic Impact Study’s traffic data and findings, the developer
of this project shall be responsible for the design and construction of the following off-site
roadway improvements:
a.Construction of the raised concrete median on Silverbell Road from the point where it
currently terminates just north of Ina Road northward to the intersection with
Driveway#1.
b.On Silverbell Road at Driveway #1: the installation of a traffic signal, construction of a
northbound left-turn lane and right-turn lane, and the striping of a southbound left-turn
lane.
c.On Silverbell Road at Driveway #2: the construction of a northbound and a southbound
directional left-turn lane, and the construction of a northbound right-turn lane.
d.On Silverbell Road at Driveway #3: the construction of a northbound and a southbound
directional left-turn lane, and the construction of a northbound right-turn lane.
e.On Silverbell Road at the signalized intersection with Ina Road: the construction of an
additional southbound left-turn lane and the installation of all associated signage,
striping, signal equipment and timings.
f.On Ina Road at Driveway #4: the construction of a westbound right-turn lane.
g.On Ina Road at Driveway #5: the installation of a traffic signal and the construction of a
westbound right-turn lane.
h.On Ina Road at Driveway #6: the construction of an eastbound left-turn lane and a
westbound right-turn lane.
i.The timing for the design and construction of the roadway improvements described above
shall be determined by the Town based on the construction phasing for the project and
the findings of additional traffic studies that will be required at the development plan
stages of the project. Any further roadway improvements required based on the findings
of the additional traffic studies shall be the responsibility of the developer.
4.The developer will be responsible for the design and construction of any other roadway
improvements that the Town requires based on the data and findings of the accepted traffic
impact analysis and other traffic studies that will be required at the platting or development
plan stages of this project.
5.This project is located within the South Marana Transportation, and Marana Park Benefit
Areas, and will be subject to those fees at time of permitting(subject to any credits to be
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determined in accordance with a development agreement currently under negotiation
between the Developer and the Town).
6.Developer shall dedicate to the Town at no cost all necessary rights of way and easements as
depicted on the Town’s Ina Road, Silverbell Road to Star Commerce Way road improvement
plans, including any reasonable adjustments to said rights of way andeasements as a result of
the road improvement plans being incorporated into the Arizona Department of
Transportation’s Ina interchange project.In any event, the Town shall determine and request
such reasonable adjustments from the Developer no later thanDecember 31, 2016, and the
reasonable adjustments shall require the Developer to dedicate at no cost not more than 20
feet of additional right-of-way in fee along the rights of way depicted on the current plans
and 50 feet of additional easements along the rights of way. Dedications that exceed these
limitations shall require either just compensation or waiver of just compensation.
7.The property owner shall not cause any further lot split or lot line modification of any kind
without the written consent of the Town of Marana.
8.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.
9.The property owner shall transfer to Marana, by the appropriate Arizona Department of
Water Resources form, those water rights being IGR, Type I or Type II for the Town
providing designation of assured water supply and water service to the Rezoning Area. If
Type I or Type II is needed on the Rezoning Area, the Town and developer/Property Owners
shall arrive at an agreeable solution to the use of those water rights appurtenant to the
affected portion of the Rezoning Area.
10.A sewer service agreement and master sewer plan shall be submitted by the developer and
accepted by the wastewater provider prior to the approval of any final plat or development
plan.
11.Before the Town issues grading permits for this project, the developer shall submit evidence
to the Town that all federal permit requirements have been met through the Corps of
Engineers and the State Historic Preservation Office.
12.The developer shall submit an annual report within 30 days of the anniversary of the Town
Council’s approval of the Silverbell Gateway Specific Plan in accordance with the
requirements defined in the Land Development Code.
13.The Developer shall dedicate, or cause to have dedicated, the necessary rights-of-way for the
Silverbell Gateway Specific Plan.
14.A drainage report must be submitted by the developer and accepted by the Town Engineer
prior to Town approval of the preliminary plat.
15.A detailed traffic analysis shall be submitted and accepted by staff prior to approval of any
preliminary plat or development plan.
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16.Developer shall relinquish, either pursuant to adevelopment agreement with the Town or by
other documentation satisfactory to the Town Attorney, all of the Developer’s rights under
the development agreement dated April 17, 1991, and recorded in the office of the Recorder
of Pima County, Arizona, on April 24, 1991, at Docket 9024, Page 1026, to the extent the
said development agreement affects land included within the Silverbell Gateway Specific
Plan.
17.Upon adoption of the Rezoning Ordinance by Mayor and Council approving the Silverbell
Gateway Specific Plan, the applicant shall provide the Planning Department with the
following: One non-bound original; 8 bound copies, and 8 electronic copies on CD in PDF
format.
Section 4.
All ordinances, resolutions and motions and parts of ordinances, resolutions,
and motions of the Marana Town Council in conflict with the provisions of this Ordinance are
hereby repealed, effective as of the effective date of this Ordinance.
Section 5.
Ifany 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 Town Council of the Town of Marana,
Arizona, this 21stday of October, 2014.
Mayor Ed Honea
ATTEST:APPROVED AS TO FORM:
Jocelyn C. Bronson, Town ClerkFrank Cassidy, Town Attorney
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Ordinance No 2014.02510/14/2014 2:03 PMCR/FC
Cover
Silverbell Gateway
Specific Plan
Marana, Arizona
6XEPLWWHGWR
Town of Marana
Planning Department
11555 West Civic Center Drive
Marana, Arizona 85653
3UHSDUHGIRU
Prestwick Properties, LLC
2841 North Orlando Avenue
Tucson, Arizona 85712
Telephone: (520) 977-8118
Shetland Properties Company, LLC
1360 North Kolb Road
Tucson, Arizona 85715
Telephone: (520) 290-9313
Doornoch Properties, LLC
2841 North Orlando Avenue
Tucson, Arizona 85712
Telephone: (520) 977-8118
3UHSDUHGE\
The Planning Center
110 South Church Avenue, Suite 6320
Tucson, Arizona 85701
Telephone: (520) 623-6146
:LWKDVVLVWDQFHIURP
Rick Engineering
3945 East Fort Lowell Road
Tucson, Arizona 85712
Telephone: (520) 795-1000
PCZ-14012
September 2014
Section I. Introduction ................................................................................................................... 1
A.Background .................................................................................................................................................. 2
Section II. Inventory and Analysis ................................................................................................ 5
A.Purpose and Intent ....................................................................................................................................... 6
B.Existing Land Uses ....................................................................................................................................... 6
1.Site Location ....................................................................................................................................... 6
2.Existing On-Site Land Use and Zoning .............................................................................................. 8
3.Existing Conditions on Properties within a One-Quarter Mile Radius ............................................... 8
4.Well Sites within 100 Feet of the property ........................................................................................ 10
C.Topography and Slope ............................................................................................................................... 14
1.Hillside Conservation Areas.............................................................................................................. 14
2.Rock Outcrops .................................................................................................................................. 14
3.Slopes of 15% or Greater ................................................................................................................. 14
4.Other Significant Topographic Features ........................................................................................... 14
5.Pre-Development Cross-Slope ......................................................................................................... 14
D.Hydrology, Water Resources and Drainage .............................................................................................. 16
1.Off-Site Watersheds ......................................................................................................................... 16
2.On-Site Hydrology............................................................................................................................. 18
3.Existing Drainage Conditions along Downstream Property Boundary ............................................ 20
E.Vegetation................................................................................................................................................... 25
1.Vegetative Communities and Associations On-Site......................................................................... 25
2.Significant Cacti and Groups of Trees .............................................................................................. 25
3.Special-Status Plant Species ........................................................................................................... 25
4.Vegetative Densities ......................................................................................................................... 26
F.Wildlife ........................................................................................................................................................ 30
1.Letter from Habitat Specialist ............................................................................................................ 30
2.Arizona Game and Fish Department Environmental Review .......................................................... 30
G.Viewsheds .................................................................................................................................................. 32
1.Viewsheds Onto and Across the Site ............................................................................................... 32
2.Area of High Visibility from Adjacent Off-Site Uses .......................................................................... 32
H.Traffic Circulation and Road System ......................................................................................................... 37
1.Existing and Proposed Off-Site Streets ............................................................................................ 37
2.Existing Access and Rights-of-Way ................................................................................................. 39
3.Roadway Improvements ................................................................................................................... 40
4.Existing and Proposed Intersections on Arterials within One Mile and Most Likely to be Used by
Traffic from this Site .......................................................................................................................... 40
5.Existing Bicycle and Pedestrian Ways Adjacent to the Site and Their Connections with Arterial
Streets, Parks and Schools .............................................................................................................. 40
I.Recreation and Trails ................................................................................................................................. 43
1.Open Space, Recreation Facilities, Parks and Trails ....................................................................... 43
J.Cultural Resources ..................................................................................................................................... 45
1.Location of Resources On-Site ......................................................................................................... 45
K.McHarg Composite Map ............................................................................................................................ 47
Section III. Land Use Proposal ...................................................................................................49
A.Purpose and Intent ..................................................................................................................................... 50
B.Design Principles and Vision ...................................................................................................................... 50
C.Relationship to Adopted Plans ................................................................................................................... 50
1.Marana General Plan ........................................................................................................................ 50
2.Marana Strategic Plan ...................................................................................................................... 54
D.Compatibility with Adjoining Development and Location Restrictions ....................................................... 55
1.Adjoining Development Compatibility ............................................................................................... 55
E.Land Use Concept Plan ............................................................................................................................. 55
1.Development Area A, B & C ............................................................................................................. 56
2.Development Area D ........................................................................................................................ 58
F.Circulation Plan .......................................................................................................................................... 60
1.External Roads ................................................................................................................................. 60
2.Internal Roads ................................................................................................................................... 61
G.Post Development Hydrology..................................................................................................................... 61
1.Land Use Concept Plan Response to Hydrologic Characteristics ................................................... 61
2.Encroachment and Modification of Drainage Patterns .................................................................... 61
3.Engineering and Design Features to be Used to Address Drainage and Erosion Problems.......... 61
4.Potential Drainage Impacts to Off-site Land Uses Upstream and Downstream ............................. 63
5.Land Use Concept Plan Conformance with Area Plan, Basin Management Plan, and Town
Policies .............................................................................................................................................. 63
H.Environmental Resources .......................................................................................................................... 65
1.Waters of the United States .............................................................................................................. 65
2.Federally Endangered Species and Other Special Species ............................................................ 65
3.Wildlife Corridor................................................................................................................................. 65
I.Landscape & Buffering ............................................................................................................................... 65
1.Native Plant Preservation ................................................................................................................. 66
J.Utilities ........................................................................................................................................................ 66
1.Water ................................................................................................................................................. 66
2.Wastewater ....................................................................................................................................... 68
3.Private Utilities .................................................................................................................................. 68
4.Sanitation and Recycling Services ................................................................................................... 68
K.Public Services ........................................................................................................................................... 71
1.Police Service ................................................................................................................................... 71
2.Schools ............................................................................................................................................. 71
3.Fire Service ....................................................................................................................................... 72
L.Recreation and Trails ................................................................................................................................. 74
1.Provision of Recreational Area ......................................................................................................... 74
2.Open Space Ownership ................................................................................................................... 74
3.Off-Site Trail Access and Maintenance ............................................................................................ 74
M.Cultural, Archaeological and Historic Resources....................................................................................... 75
Section IV. Development Regulations .......................................................................................76
A.Purpose and Intent ..................................................................................................................................... 77
B.General Provisions ..................................................................................................................................... 77
1.Applicable Codes .............................................................................................................................. 77
2.Additional Uses ................................................................................................................................. 77
3.Temporary Uses ............................................................................................................................... 78
4.Mix of Uses ....................................................................................................................................... 78
C.Development Standards ............................................................................................................................. 78
1.Development Area A ......................................................................................................................... 78
2.Development Area B ......................................................................................................................... 83
3.Development Area C ........................................................................................................................ 87
4.Development Area D ........................................................................................................................ 92
5.General Development Standards ..................................................................................................... 96
6.Landscape Buffering and Screening Standards .............................................................................. 99
7.General Landscape Program ........................................................................................................... 99
8.Parking Regulations ........................................................................................................................ 100
9.Street Standards ............................................................................................................................. 103
D.Design Guidelines .................................................................................................................................... 104
1.Purpose and Intent.......................................................................................................................... 104
2.Applicability ..................................................................................................................................... 104
3.Design Review Committee ............................................................................................................. 104
4.Single-Family Residential Detached Housing ................................................................................ 104
5.Single-Family Residential Attached and Multi-Family Residential Guidelines .............................. 104
6.Commercial Design Guidelines ...................................................................................................... 106
7.Monumentation and Signage.......................................................................................................... 107
8.Lighting ............................................................................................................................................ 107
9.Drainageways Standards ............................................................................................................... 107
10.Recreation, Bicycle and Pedestrian Circulation ............................................................................. 109
E.Definitions ................................................................................................................................................. 112
Section V. Implementation and Administration ......................................................................118
A.Purpose .................................................................................................................................................... 119
1.Extent of the Specific Plan to Supplement or Supersede Adopted Town Zoning Regulations ..... 119
2.General Implementation Responsibilities ....................................................................................... 119
3.Interpretation ................................................................................................................................... 120
4.Development Review Procedures .................................................................................................. 120
5.Specific Plan Amendments ............................................................................................................. 121
6.Administrative Change .................................................................................................................... 121
7.Substantial Change ........................................................................................................................ 122
Bibliography ...............................................................................................................................123
List of Exhibits
Exhibit I.A.1: Regional Context ............................................................................................................................ 4
Exhibit II.B.1: Site Location.................................................................................................................................. 7
Exhibit II.B.3.a: Existing Zoning ......................................................................................................................... 11
Exhibit II.B.3.b: General Plan Designations ...................................................................................................... 12
Exhibit II.B.3.c: Existing Land Uses ................................................................................................................... 13
Exhibit II.C.1: Topography and Slope ............................................................................................................... 15
Exhibit II.D.1: Off-Site Watersheds ................................................................................................................... 22
Exhibit II.D.2: On-Site Hydrology....................................................................................................................... 23
Exhibit II.D.2.c: FEMA FIRM .............................................................................................................................. 24
Exhibit II.E.1: SDCP Vegetative Communities and Associations ..................................................................... 27
Exhibit II.E.2: Site Resource Inventory ............................................................................................................... 28
Exhibit II.E.4: Vegetation Densities .................................................................................................................... 29
Exhibit II.F.1: AGFD Online Environmental Review .......................................................................................... 31
Exhibit II.G.1.a: Photo Key Map ........................................................................................................................ 33
Exhibit II.G.1.b: Site Photos .............................................................................................................................. 34
Exhibit II.G.1.b: Site Photos, continued ............................................................................................................. 35
Exhibit II.G.2: Visibility ........................................................................................................................................ 36
Exhibit II.H.1: Traffic ........................................................................................................................................... 38
Exhibit II.H.5: The Loop Map .............................................................................................................................. 42
Exhibit II.I.1: Recreation and Schools ............................................................................................................... 44
Exhibit II.J.1: Archaeological Search Letter ...................................................................................................... 46
Exhibit II.K.1: McHarg Composite Map ............................................................................................................. 48
Exhibit III.E.1: Conceptual Development Plan .................................................................................................. 59
Exhibit III.G.1: Post Development Hydrology ..................................................................................................... 64
Exhibit III.J.1: Water Service Letter ................................................................................................................... 67
Exhibit III.J.2.a: Existing Sewer Facilities .......................................................................................................... 69
Exhibit III.J.2.b: Wastewater Capacity Response ............................................................................................. 70
Exhibit III.K.3: Fire Service ................................................................................................................................ 73
Exhibit IV.D.9: Typical Channel Cross-Sections .............................................................................................. 108
Exhibit IV.D.10: Proposed Bicycle and Pedestrian Circulation ........................................................................ 111
List of Tables
Table II.E.3: USFWS List of Plant Species for Pima County ............................................................................. 25
Table II.H.2: Roadway Inventory ........................................................................................................................ 39
Table III.K.2: School Capacities & Enrollments ................................................................................................. 71
Table IV.C.3.a: Single Family and Multi Family Residential Development Standards ...................................... 96
Table IV.C.3.a: Single Family and Multi Family Residential Development Standards ........................ 97
Table IV.C.3.b: Non-residential Development Standards .................................................................................. 98
A. Background
Silverbell Gateway Specific Plan is a planned mixed-use development consisting of 92-
acres located within the Town of Marana limits on both the northeast and northwest corners
of Ina and Silverbell Roads. The major portion (approximately 84-acres) of Silverbell
Gateway is bounded by both the Santa Cruz River and Santa Cruz River Park shared-use
path (The Loop) on the east, Silverbell Road on the west and Ina Road on the south. The
north boundary is bounded by vacant land with a large concrete drainage structure adjacent.
The 8-acre parcel on the northwest corner of Ina and Silverbell Roads is bound to the west
and north by the Silverbell West subdivision, which is currently under construction and used
to be under the same ownership as this parcel.
Ina Road is adjacent to the southernmost boundary of the Plan area, and is scheduled to
become a four-lane divided roadway with a median opening located one-quarter of a mile
east of Silverbell along Ina Road. Construction is set to commence in 2016 and last two
years. The current Major Streets and Routes plan shows Ina Road as a four lane arterial
with a future right-of-way of 150 feet with sidewalks and bike lanes in either direction.
Reconstruction of the Interstate 10 traffic interchange at Ina Road is also expected to impact
the project and is on the same construction horizon as the Ina Road improvements. The
Arizona Department of Transportation (ADOT) project is expected to build a grade-
separated interchange at Ina Road with new traffic loops on the interchanges east and west
sides.
The subject property has been extensively graded and lies vacant except for several large
40-yard roll-off dumpsters associated with the reclamation of the open pit quarry on-site.
The inert landfilling operation is a vehicle in which the previous sand and gravel quarry pit
located on the site is being reclaimed. The pit is 60 feet deep and covers approximately 18
acres. It is being reclaimed using inert materials such as dirt, rock, concrete, asphalt, brick,
and block. The material is checked throughout the day to make sure that no load has more
than 10% non-inert material contamination such as: wood, plastic, paper, etc. The non-inert
materials are removed by company personnel. The material used to fill the pit is dumped at
the site by paying customers. The material is then incrementally pushed over the side of
the slope to build up the area below, producing level ground that will eventually be at grade
with the remainder of the site. As the area is filled, the fill is compacted by a combination of
day-to-day traffic and the application of generous amounts of water. The entire fill area will
be capped with 4-feet of dirt once filling of the pit is complete. The rate of fill is entirely
dependent on the economic activity in the area. Since all the material comes from the
construction and contracting industry, predicting a closure date is not possible. We have an
anticipated final cap date of December 2018.
The site is generally flat with little topographical variation except for the open pit quarry area
and significant erosion along the on-site washes resulting in slopes greater than 15%. No
mapped wildlife corridors exist on the site.
As part of both the past mining operations and the current land reclamation process, much
of the site has been cleared and little vegetation exists throughout the property. Additionally,
the site contains several dirt-roads and paths that are regularly traversed by large trucks
picking up or dropping off materials. The property inspection done as part of the Site
Resource Inventory (SRI) revealed that the mapped Important Riparian Area (IRA) did not
accurately reflect the riparian areas on-site. Therefore, the SRI proposes the modification of
the IRA map to reflect the absence of IRA on the site.
There are currently eight different zoning designations on the property ranging from low-
and high-density residential to high-intensity commercial and employment. The specific plan
provides an opportunity to combine the zoning designations on the property to allow for
integration of uses already permitted under each of the current zoning designations. This
is best accomplished by including property on both the east and west sides of Silverbell
Road as one cohesive project that can respond to changes in market conditions without
limiting the potential viability of developing a certain segment of the property. The Silverbell
Gateway Specific Plan will be regulated by development standards and design guidelines
to ensure that this gateway into the Town of Marana develops as a vibrant mixed-use
community activity center.
The Santa Cruz River and River Park shared-use path (The Loop) are excellent amenities
to the project. The Loop trail system currently offers over 100 miles of shared-use paths
and upon completion will total 131 miles. The Loop provides abundant opportunity for
recreation, leisure and commuting as well as a cool, shaded, respite from the Arizona sun.
Adjacent to the eastern boundary of the site, the Santa Cruz River offers views of birds and
other desert wildlife. Future connections to The Loop through this project will allow residents
access to this vital amenity and will help to attract the interest of trail users and cyclists
utilizing other area bike paths.
See Exhibit I.A.1: Regional Context.
Exhibit I.A.1: Regional Context
A. Purpose and Intent
The primary purpose of the Development Capability Report section of the Silverbell Gateway
Speties, constraints and various physical
characteristics, the analysis of which will provide a means whereby development is designed
in a sensitive and responsive manner to the physical conditions of the site. Information for this
section was compiled from a variety of sources, including site visits, referencing topographic,
hydrological, archaeological and traffic analyses, and correspondence with staff from the local
jurisdictions. The Development Capability Report follows the Town of Marana requirements
provided in the Town of Marana Land Development Code.
Pursuant to such requirements, information on the following physical components of the site
was compiled to assess the suitability of the property for development:
Existing structures, roads and other development
Topography and slope analyses
Hydrology and water resources
Vegetation and wildlife habitat
Geology and soils
Viewsheds
Cultural resources
Existing infrastructure and public services
B. Existing Land Uses
This section of the Development Capability Report identifies existing zoning, land use and
structures on-site and on surrounding properties, as well as other proposed development in the
project vicinity.
1.
Site Location
The project is situated within the southern limits of the Town of Marana in the southeast
portion of Section 35, Township 12, Range 12 East. The property lies approximately
one-mile west of Interstate 10 just west of the Santa Cruz River, at the intersection of
Ina Road and Silverbell Road. In
total, the site area is approximately 92-acres. See Exhibit II.B.1: Site Location.
Exhibit II.B.1: Site Location
2.
Existing On-Site Land Use and Zoning
The subject property has been extensively graded and lies vacant except for several
large 40-yard roll-off dumpsters. As shown on Exhibit II.B.3.a: Existing Zoning, there is
an abandoned quarry located on-site within the Light Industrial zone on approximately
18 acres that currently serves as an active land reclamation facility for the disposal of
clean inert materials such as dirt, rock, block, concrete, asphalt, etc. Four culverts exist
under Silverbell Road along the west boundary of the site and two other culverts cross
Ina Road on either side of the Silverbell Road intersection. There is no existing access
from Silverbell Road. There is no curb or sidewalk along the north side of the Ina Road
frontage, adjacent to the south boundary, but there is however an existing dirt driveway
onto the property. The existing zoning designations on the property include:
15-n portion of the site. The
majority of the approximately 18-acre quarry is included within this zone;
0.2-tation Corridor Zone near the middle of the north/east
property boundary;
48-ghout the majority of the site;
5.3-
located on the northwest corner of Ina Road and Silverbell Road;
a less than 0.1--e northwest
corner of the site;
less than 0.1--he Silverbell
West subdivision;
0.4-acres of -36, Single Family Residential along the Ina Road frontage;
22.8-
corners of the Ina-Silverbell intersection.
(See Exhibit II.B.3.a: Existing Zoning.)
It is worth noting that the proposed uses are already permitted on-site, but only on those
portions of each parcel that are covered by a particular zoning designation. There is
little to no overlap, even for similar or compatible uses. The specific plan zoning
designation will allow the property to develop as one cohesive project rather than a
piecemeal approach which creates problems with access and fails to respond to
changes in market conditions. The specific plan also eliminates individual zoning
designations that cover only small portions of the property and are virtually unusable
due to their minimal size.
3.
Existing Conditions on Properties within a One-Quarter Mile Radius
a. Zoning
The zoning designations of surrounding properties, as depicted in Exhibit II.B.3.a
are as follows:
North: Town of Marana A (Small Lot Zone), F (Continental Ranch
Specific Plan), E (Transportation Corridor Zone) and R-6
(Single Family Residential)
South: Town of Marana NC (Neighborhood Commercial), VC (Village
Commercial), R-16 (Single Family Residential), R-36 (Single
Family Residential), R-144 (Single Family Residential), Pima
County CR-1 (Single Residence Zone) and SH (Suburban
Homestead Zone)
East: Town of Marana A (Small Lot Zone) and E (Transportation
Corridor Zone)
West: Town of Marana R-7 (Single Family Residential), R-10 (Single
Family Residential), R-36 (Single Family Residential) and R-
144 (Single Family Residential)
b. General Plan Land Use
The 2010 Town of Marana General Plan indicates the site is designated
Commercial and Industrial. The surrounding general plan designations within
one-quarter mile of the site, as depicted in Exhibit II.B.3.b are as follows:
North: Industrial & Santa Cruz Buffer
South: Commercial & Low Density Residential
East: Industrial & Santa Cruz Buffer
West: Park & Low Density Residential
c. Existing Land Uses
The land uses of surrounding properties within one-quarter mile, as depicted in
Exhibit II.B.3.c: Existing Land Uses are as follows:
North: Vacant Land, Crossroads District Park and Santa Cruz River
South: Vacant Land, Proposed Silverbell Crossroads Shopping
Center, Bridlewood West and Ina & Silverbell (Single-Family
Residential Subdivisions)
East: Vacant Land, Santa Cruz River and The Loop Shared-Use
Path
West: Vacant Land, Silverbell Place and Silver Shadows (Single-
Family Residential Subdivisions) and Vacant (Silverbell West
Pending Single Family Residential Subdivision)
d. Number of Stories of Existing Structures
There are no existing structures currently on the site except for several large 40-
yard roll-off dumpsters. There are one-story single-family residential homes and
some two-story single-family residential homes located west of the site in the
Silverbell Place and Silver Shadows subdivisions. Additional two-story homes
are expected in the Silverbell West subdivision adjacent to the west boundary
and currently under construction. All other homes within one-quarter mile of the
site are one-story.
e. Pending and Conditional Rezonings
According to the most recent Town of Marana Planning and Zoning Activity map
dated July 2013, there are no pending or conditional rezonings within a one-
quarter mile radius of the project site. Although it is not shown on that map, there
is a proposal for a specific plan rezoning located directly south of the site across
Ina Road on approximately 15 acres.
f. Subdivision/Development Plans Approved
There are five approved subdivision plats within a one-quarter mile radius of the
project site. Silverbell Place, Silver Shadows and Silverbell West (currently under
construction) are all one- and two-story single-family residential subdivisions
located west of the site. Bridlewood West (1-41) and Ina & Silverbell (1-41) are
one-story single-family residential subdivisions located south of the site.
Silverbell Crossroads Shopping Center is located on the southwest corner of Ina
and Silverbell roads, south of the site, and is currently in development plan
review, DPR-08044.
g. Architectural Styles of Adjacent Development
Existing homes in the area are rural custom-home type single-family residences
with southwest and ranch architectural style. Homes in the Silverbell West
subdivision west of the site will likely be more typical of the conventional
production built single-family detached housing, similar to what is nearby in
Silverbell Place.
4.
Well Sites within 100 Feet of the property
According to Pima County Geographic Information Systems and the Arizona
Department of Water Resources, well #620939 is located on-site near the southeast
corner of the property. There are no other wells located on-site, or within 100 feet of
the property. See Exhibit II.B.3.c: Existing Land Uses.
Exhibit II.B.3.a: Existing Zoning
Exhibit II.B.3.b:General Plan Designations
Exhibit II.B.3.c:Existing Land Uses
C. Topography and Slope
The elevations on the property range from approximately 2,180 feet at the southwest portion of
the site to approximately 2,148 feet at the northeast corner of the site. The Yuma Mine Wash
has a flow rate of 5,000-10,000 CFS and enters the site along the west boundary and exits
along the east boundary. Three other un-named washes exit the property near the same
location along the east boundary, one with flows under 500 CFS and two with flows of 500-
1,000 CFS. is shown on Exhibit II.C.1: Topography
and Slope.
1.
Hillside Conservation Areas
There are no Hillside Conservation areas on or within 300-feet of the subject property.
2.
Rock Outcrops
There are no rock outcrops on the subject site.
3.
Slopes of 15% or Greater
There are 15% or greater slopes located within an old on-site quarry that is currently
being filled in. Otherwise, there are only small areas immediately adjacent to the Yuma
Mine Wash and another on-site wash that have 15% or greater slopes. The surface
slope of the property is shown on Exhibit II.C.1: Topography and Slope.
4.
Other Significant Topographic Features
There are no other significant topographic features such as peaks or ridges on the
project site.
5.
Pre-Development Cross-Slope
The average cross-slope of the property is approximately 8.05%.
The pre-development cross slope calculation and values used are as follows:
Cross-slope = (I x L x 0.0023) / A
Where:
I = contour interval (2
L = total length of contours (160,914)
A = total site area in acres (92 AC)
Exhibit II.C.1: Topography and Slope
D. Hydrology, Water Resources and Drainage
The following site hydrology information was analyzed and prepared by Rick Engineering
Company. All hydrology information is for illustrative purposes only and is subject to
verification/modification via the drainage report with supporting calculations based on then
existing and proposed conditions at the time of application.
1.
Off-Site Watersheds
West Parcel
a. Off-Site Watersheds
There are 4 off-site watersheds that affect the west parcel (see Exhibit II.D.1: Off-Site
Watersheds). The first and second off-site watersheds (OS-3 and OS-4) are from the
improvements to the Silverbell West subdivision immediately west of the parcel. The
third off-site watershed (OS-5) is conveyed across the subdivision open space and
enters at the southwest corner of the parcel. The fourth off-site Watershed (OS-6) is
conveyed under Ina Road by a culvert to a constructed channel in the southeast corner
of the parcel and then under Silverbell Road.
The nature and quantity of these off-site flows will be further evaluated in the drainage
report(s) prepared for the development of the site. The necessary improvements to
convey the flows will be determined at that time and will be incorporated into the
drainage improvements for the development.
b. Off-site features that may affect or be affected by the site
There are several off-site man-made features that impact the west parcel. These
include Ina Road located along the southern boundary, Silverbell Road located along
the eastern boundary and the Silverbell West Subdivision improvements along the
western and northern boundary. These improvements affect the quantity and location
of the flows onto the site through the use of culverts, channels and other drainage
structures.
c. Upstream Off-Site Watershed Discharges
Off-site watershed OS-3 from the subdivision has a peak discharge of 49 cfs,
watershed OS-4 has a peak discharge of 49 cfs and Watershed OS-5 has a peak
discharge of 10 cfs per Revised Drainage Report for Silverbell West R-10, January
2013. The discharge for Watershed OS-6 which enters the site at the southeast corner
by way of a 4-s 700 cfs (per the Final Drainage Report for Silverbell
Road, Cortaro Road to Ina Road, Engineering and Environmental Consultants, Inc.,
April 2002), with an associated watershed of 195 acres.
The reported peak discharges were taken from approved studies, reports, and plans
or were calculated based on Pima County methodology. See Exhibit II.D.1: Off-Site
Watersheds for the watersheds and concentration points described above.
East Parcel
a. Off-Site Watersheds
There are five (5) off-site watersheds that affect the east parcel (see Exhibit II.D.1: Off-
Site Watersheds). The first and largest off-site watershed (OS-1) is the Santa Cruz
River, with a 100-year discharge of 80,000 cfs (estimated at Cortaro Road by the Final
Drainage Design Report for Santa Cruz River Protection from Ina Road to Cortaro
Road, 1989). The Santa Cruz River is located adjacent to the northeastern boundary.
The second off-site watershed impacting the site is the Yuma Mine Wash, which is
conveyed below Silverbell Road and enters the project by way of two culverts along
the westerly property line. The third (OS-3, OS-4, and OS-5 combined with the west
parcel on-site flows) and fourth (OS-6) off-site watersheds are conveyed by culverts
under Silverbell Road from the west parcel and impact the southwest portion of the
parcel. The fifth off-site watershed (OS-7) impacts the site near the intersection of Ina
Road and Silverbell Road and enters the site through culverts under Ina Road.
The nature and quantity of these off-site flows will be further evaluated in the drainage
report(s) prepared for the development of the site. The necessary improvements to
convey the flows will be determined at that time and will be incorporated into the
drainage improvements for the development.
b. Off-site features that may affect or be affected by the site
There are several off-site man-made features that impact the site. These include Ina
Road located along the southern boundary, Silverbell Road located along the western
boundary, the constructed channel for the Yuma Mine Wash along the northwest
boundary and the bank protection for the Santa Cruz River along the northeastern
boundary. The roadway improvements limit the quantity and location of flows onto the
site through the use of culverts, channels and other drainage structures. The existing
constructed channel along the northwestern boundary prevents portions of the Yuma
Mine Wash flows from entering the site and collects all runoff discharged from the site,
including those flows conveyed through the site. A portion of the bank protection along
the northeastern boundary, constructed as Town of Marana project number 2002-04,
was constructed to the height of the 10-year water surface elevation and thus the 100-
year flow is not contained within the channel. The height of this bank protection will be
increased to contain the 500-year flow as part of this proposed project. Until bank
protection along the Santa Cruz River is raised, construction of critical facilities within
-500-year event Building Erosion Hazard Setback will comply with Title 21 of
the Town of Marana Land Development Code, including section 21.05.07
-down
along this entire project and when raised to contain the 500-year flow, will eliminate the
Building Erosion Hazard Setback on the parcel for the Santa Cruz River.
c. Upstream Off-Site Watershed Discharges
The discharge of Watershed OS-2 (Yuma Mine Wash) along the project western
boundary is 5603 cfs and has a tributary area of 4.46 square miles (calculated by the
Tucson Mountain Basin Study, Camp Dresser & McKee Inc., 1987). Flow in the Yuma
Mine Wash splits upstream of Silverbell Road and consequently the full 100-year
discharge does not impact the site. The discharges for OS-2.1, OS-2.2, and OS-2.3
are based on a flow distribution analysis of the Yuma Mine Wash (Final Drainage
Report for Silverbell Road, Cortaro Road to Ina Road). The 100-year discharge at
concentration point CP OS-2.1, is 2400 cfs and is conveyed under Silverbell road by a
7--year
discharge at CP OS-2.2 is 1600 cfs and is conveyed under Silverbell road by a 5-
RCB culvert. The 100-year discharge at CP OS-2.3 is 1100 cfs and is conveyed under
Silverbell road by a 4-
Watersheds OS-3, OS-4, and OS-5 combined with the west parcel on-site flows
contribute a peak discharge of 130 cfs. This cumulative discharge includes 98 cfs from
the Silverbell West Subdivision, and 23 cfs from the west parcel. It is conveyed under
Silverbell Road by way of a 3--year
discharge for off-site Watershed OS-6 which enters the site at the southwest corner by
a 4--year discharge for off-
site Watershed OS-7 is conveyed under Ina Road by a 2-
approximated to be 50 cfs. These discharges are from the Final Drainage Report for
Silverbell Road, Cortaro Road to Ina Road.
The reported peak discharges were taken from approved studies, reports, and plans
or were calculated based on Pima County methodology. See Exhibit II.D.1: Off-Site
Watersheds for the watersheds and concentration points described above.
2.
On-Site Hydrology
West Parcel
The west parcel has two (2) onsite watersheds as delineated on Exhibit II.D.2:On-Site
Hydrology. The characteristics of each watershed are described within the sections
below. The west parcel generally drains from the southwest to the northeast and is
located within a balanced basin.
a. On-Site Regulatory Floodplains:
On-site Watershed 1 is impacted by a natural channel upstream of the culvert crossing
at concentration point CP-1 with flows in excess of 50 cfs.
On-site Watershed 2 includes the constructed channel associated with flows from the
culvert under Ina Road to the culvert under Silverbell Road. The regulatory floodplain
is contained in the channel.
b. Areas of Sheet Flooding and Average Depths:
The west parcel in not impacted by sheet flooding.
c. Federally Mapped Floodways and Floodplains:
According to FEMA Flood Insurance Rate Map (FIRM) number 04019C1655L
(effective June 16, 2011), there are no Federally Mapped Floodways and Floodplains
on the western parcel. Refer to Exhibit II.D.2.c: FEMA FIRM for the location of mapped
floodplains within the vicinity.
d.100-Year Peak Discharges:
Onsite Watershed 1 generates 23 cfs with a cumulative discharge of 130 cfs at CP 1
(per Final Drainage Report for Silverbell Road, Cortaro Road to Ina Road, April 2002).
The existing 100-year peak discharge for onsite Watershed 2 is 3 cfs with a cumulative
discharge of 700 cfs at CP-2 (per Revised Drainage Report for Silverbell West R-10,
January 2013).
See Exhibit II.D.2:On-Site Hydrology
East Parcel
The east parcel has been divided into three (3) on-site watersheds as delineated on
Exhibit II.D.2: On-Site Hydrology. The characteristics of each are described within the
sections below. The east parcel generally drains from the southeast to the northwest
and is located within a balanced basin.
a. On-Site Regulatory Floodplains:
Onsite Watershed 3 contains two natural channels associated with flows from the
Yuma Mine Wash in excess of 50 cfs. These channels combine at the depressed area
at the northwest corner of the site before leaving the site at the northwest corner. On-
site Watershed 3 is also impacted by the regulatory floodplain contained within the
existing constructed channel along the northwestern boundary.
On-site Watershed 4 is impacted by sheet flow in excess of 50 cfs. This sheet flooding
is described below in section II.D.2.b.
On-site Watershed 5 is a large depression that contains all runoff originating within its
boundary. It is shown to be within a FEMA Zone A, SHFA as described in section
II.D.2.c, but is not impacted by other regulatory floodplains.
b. Areas of Sheet Flooding and Average Depths:
The portion of on-site Watershed 4 west of the depression associated with onsite
Watershed 5 and east of the channels containing flows from the Yuma Mine Wash is
impacted by sheet flooding. The 100-year discharge conveyed within this area is
approximately 850 cfs, with a corresponding average flow depth of 7 inches. This sheet
flow combines with the runoff from the Yuma Mine Wash along the north edge of the
project site at CP-4 and is conveyed off-site to the improved channel along the
northwest boundary.
c. Federally Mapped Floodways and Floodplains:
According to FEMA Flood Insurance Rate Map (FIRM) number 04019C1655L
(effective June 16, 2011), portions of the east parcel are located within a Zone A,
Special Flood Hazard Area (SFHA).
The effective FIRM indicates the remainder of the
north of the project site and completely outside its boundary. See Exhibit II.D.2.c:
FEMA FIRM for the location of these zones.
As future development of this site is proposed and constructed it is anticipated that a
Conditional Letter of Map Revision (CLOMR) and Letter of Map Revision (LOMR) will
be processed through FEMA to remove portions of the site from the Zone A SFHA
described above.
d.100-Year Peak Discharges:
The existing 100-year peak discharge for onsite Watershed 3 is 80 cfs with a
cumulative discharge of 2780 cfs at CP-3. Onsite Watershed 4 generates 120 cfs with
a cumulative discharge of 870 cfs at CP-4. The peak discharge calculated for onsite
Watershed 5 is 80 cfs, though this watershed has no outlet.
See Exhibit II.D.2:On-Site Hydrology
3.
Existing Drainage Conditions along Downstream Property Boundary
West Parcel
All runoff originating on-site or originating off-site and conveyed through the west parcel
discharges by way of culverts under Silverbell Road to the eastern portion of the project.
East Parcel
All runoff originating on-site or originating off-site and conveyed through the east parcel,
except for Watershed 5, flows into an existing depressed area along the south side of
-use path and then discharges to the improved channel along the
northwest boundary of the parcel. This channel is a concrete rundown, just upstream of
the existing 3-
-use path and through
the Santa Cruz River bank protection, discharging to the Santa Cruz River channel.
E. Vegetation
1.
Vegetative Communities and Associations On-Site
The project site contains native vegetation typical of that found in the Arizona Sonoran
Desert. The majority of the site has been previously graded and disturbed. Theses
disturbed areas are devoid of vegetation. A wide, shallow, unnamed wash crosses
through the middle of the site and drains the property from the northeast to southwest.
The Pima County Sonoran Desert Conservation Plan GIS (2014) classifies this site as
Sonoran Desert Scrub. Dominant species found on the property include Velvet
Mesquite (Prosopis velutina), Creosote Bush (Larrea tridentata), and Desert Broom
(Baccharis sarothroides). The vegetative communities and associations are depicted
in Exhibit II.E.1:SDCP Vegetative Communities and Associations.
2.
Significant Cacti and Groups of Trees
The site does not contain any significant cacti or groups of trees.
3.
Special-Status Plant Species
Arizona Game & Fish has identified one species with special status that may occur
within 3 miles of the project site. Staghorn Cholla (Opuntia versicolor) is designated as
Salvage Restricted (SR).
The U.S. Fish and Wildlife Service (USFWS) identifies four plant species in Pima
County that have protection under the Endangered Species Act (ESA), one plant
species that has been proposed for listing and protection under the ESA, and one plant
species that has a conservation agreement in place to preclude it from listing (Table
1
II.E.3). None of these species are expected to occur on the property.
Table II.E.3: USFWS List of Plant Species for Pima County
Common NameScientific NameESA Status
Plants
Echinomastus erectocentrus var.
Acuña cactus Proposed Endangered
acunensis)
Allium gooddingii)
Conservation Agreement
Lilaeopsis schaffneriana ssp.
Huachuca water umbel Endangered
recurva)
1
http://www.fws.gov/southwest/es/arizona/Documents/CountyLists/Pima.pdf
Table II.E.3: USFWS List of Plant Species for Pima County
Common NameScientific NameESA Status
Amsonia kearneyana)
Endangered
Coryphantha scheeri var.
Pima pineapple cactus Endangered
robustispina)
Echinocactus horizonthalonius
Endangered
var.nicholii)
4.
Vegetative Densities
The Pima County GIS (2014) categorizes the site as Agriculture / Water / Developed
/ Bare Ground and Sonoran Desertscrub. According to 2014 Pima County GIS
data, Agriculture/Water/Developed/Bare Ground (low vegetation density) accounts
for 38.8 acres and the Sonoran Desertscrub (medium vegetation density) accounts
for 52.8 acres. On the site, vegetation density is low due to the large areas of
previous disturbance. Exhibit II.E.4: Vegetation Densities, illustrates the vegetative
community densities found on the property.
Exhibit II.E.1: SDCP Vegetative Communities and Associations
ExhibitII.E.4:VegetationDensities
F. Wildlife
1.
Letter from Habitat Specialist
a. Presence of any State-listed Threatened or Endangered Species
There are no state-listed threatened or endangered species located on-site or within
3 miles of the property. The Sonoran Desert Tortoise (Gopherus morafkai) is a
candidate for ESA protection. The Heritage Data Management System (HDMS)
search found that the tortoise occurs within 3 miles of the property. The tortoise
carries sensitive and wildlife of special concern designations.
The California Leaf-nosed Bat (Macrotus californicus) occurs within 3 miles of the site
and carries sensitive, species of concern and wildlife of special concern designations.
The Cave Myotis (Myotis velifer) occurs within 3 miles of the project area and carries
both a sensitive and species of concern status.
The Fulvous Whistling-Duck or Dendrocygna bicolor occurs within 3 miles of the
specific plan area and carries a species of concern status.
There are 2 wildlife corridors within 3 miles of the project, including: Coyote
Ironwood Tucson Linkage Design and the Tucson Tortolita Santa Catalina
Mountains Linkage Design.
b. High Densities of a Given Species
According to the Arizona Game and Fish Department, there is no evidence that high
densities of a given species exist within the project area.
2.
Arizona Game and Fish Department Environmental Review
In support of this analysis, the AGFD HDMS was accessed via their On-line
Environmental Review Tool, to locate records of occurrence within 3 miles of the
property for these species. The summary page from the HDMS review has been
included as Exhibit: II.F.1: AGFD Online Environmental Review.
The HDMS does include records for one species that does not have Endangered
Species Act (ESA) protection: the Cactus Ferruginous Pygmy-owl (Glaucidium
brasilianum cactorum), which used to have ESA protection. The Pygmy-owl receives
the protections provided by the Migratory Bird Treaty Act and is designated as a
sensitive (S), species of concern (SC), and Wildlife of Special Concern (WSC).
G. Viewsheds
1.
Viewsheds Onto and Across the Site
The Silverbell Gateway Specific Plan project area is located about a mile west of
Interstate 10 in a developing area within the Town of Marana limits. Residential
developments exist in the vicinity, west of the site. The general landscape is dominated
by bare ground and small pockets of disturbed natural desert upland vegetation with
four washes crossing through the project area. Viewsheds onto and across the site are
mostly unobstructed due to the lack of dense on-site vegetation. Predominant views
include the Tortolita Mountains to the north, Pusch Ridge and Catalina Mountains to
the east, Wasson Peak and Brown Mountain to the southwest, and Sombrero Peak to
the west. Development of the subject property will not block these views for the existing
homes in the area.
See Exhibit II.G.1.a: Photo Key Map and Exhibit II.G.1.b: Site Photos.
2.
Area of High Visibility from Adjacent Off-Site Uses
North: The northern boundary of the specific plan area is adjacent to the Santa Cruz
River which has dense riparian vegetation and mature trees that restrict views into the
site from the north.
South: The Ina Road alignment is slightly higher in elevation, allowing for increased
visibility when looking north across the site; vegetation is not a limiting factor. Views
from Ina Road beyond the quarry are slightly obstructed by the quarry berms.
East: The eastern portion of the specific plan area is relatively flat with slightly changing
topography due to the abandoned quarry that limits views to the west. The parcel on
the northwest corner of Ina and Silverbell roads is visible from Silverbell Road given
that it is slightly higher in elevation; vegetation obstructs views of the background.
West: The elevated position of Silverbell Road allows for increased visibility when
looking east, across the site; vegetation is not a limiting factor. When driving along
Silverbell Road, there is a small stand of mesquite trees spaced far apart near the
northwest corner of the property causing minimal view obstruction when looking
southeast across the site.
See Exhibit II.G.2: Visibility.
Exhibit II.G.1.a: Photo Key Map
Exhibit II.G.1.b: Site Photos
Photo 1: View looking west along the south Photo 2: View looking northeast along a large
boundary toward the intersection of Silverbell Road drainage structure toward the Santa Cruz River near
and Ina Road. the northeast corner of the site.
Photo 3: View looking west from the northwest corner Photo 4: View looking north along the east boundary
of the site toward the Silverbell Place subdivision. toward the The Loop shared-use path and the on-
site quarry from the southeast corner of the site.
Photo 5: View looking east along Ina Road from the Photo 6: View looking south across Ina Road from
southeast corner of the site with a view of The Loop the southeast corner of the site.
shared-use path.
Exhibit II.G.1.b: Site Photos, continued
Photo 7: View looking southeast at a line of roll-off Photo 8: View looking east at the on-site quarry from
dumpsters from a point near the middle of the site. a point near the center of the site.
Photo 9: View looking east onto the site toward the Photo 10: View looking west from Silverbell Road at
quarry and roll-off dumpsters from the middle of the the 8-acre parcel located on the northwest corner of
west boundary. Ina and Silverbell Roads.
Photo 11: View looking southeast along the west Photo 12: View looking north along Silverbell Road
boundary from the northwest corner of the site. from the northwest corner of the site.
Exhibit II.G.2:Visibility
H. Traffic Circulation and Road System
A Silverbell Gateway Traffic Impact Analysis (TIA) by Rick Engineering Company has been
submitted under separate cover.
1.
Existing and Proposed Off-Site Streets
Silverbell Road is adjacent to the west boundary of the project area and Ina Road is
adjacent to the south boundary.
No off-site roads are proposed as a part of this project. Existing roadways within the
project area are shown on Exhibit II.H.1: Traffic.
Silverbell Road
Silverbell Road is a four lane principal arterial with a 150-foot right-of-way (ROW).
South of Ina Road the roadway transitions to 2-lanes. The posted speed limit is 45
MPH. According to the Pima Association of Governments (PAG), the average daily
trip (ADT) generation was approximately 11,000 in 2010 and the projected ADT in
the year 2040 is approximately 21,600.
Ina Road
Ina Road is a paved 2-lane arterial with a 150-foot ROW width. The posted speed
limit is 45 MPH. Future plans show Ina Road as a 4-lane roadway with a raised
median.
Cortaro Road
Cortaro Road is a paved 2-lane arterial with a variable ROW width of 90-150-feet.
Some portions of Cortaro Road are 4-lanes, particularly near Arizona Pavilions Drive
and Interstate 10. The posted speed limit is 40 MPH.
Exhibit II.H.1: Traffic
2.
Existing Access and Rights-of-Way
A roadway inventory was conducted to obtain the following information:
Existing and Proposed Right-of-Way;
Whether or not said widths conform to minimum requirements;
Ownership;
Whether or not rights-of-way jog or are continuous;
Number of travel lanes and theoretical capacity and design speed for existing
roads;
Present average daily traffic for existing streets; and
Based on a preliminary visual assessment, a description of the surface conditions
of existing roadways providing access to the site:
Table II.H.2: Roadway Inventory
Silverbell Ina Cortaro
Road Road Road
Major Routes
Arterial Arterial Arterial
Classification
Existing R.O.W. (Feet) 120-200 150 90-150
Future R.O.W. (Feet) 150-200 150 150
Current Number of
2-4 2 (4) 2-4
Lanes (proposed)
Speed Limit 45 45 40
Ownership Marana Marana Marana
11,000 16,000 30,000
ADT (Source, Year) (PAG, (PAG, (PAG,
2010) 2010) 2010)
Capacity (Florida
15,600 15,600
Dept. of 15,600
32,900 32,900
Transportation, 2002)
Conforms to Width
No Yes No
Standards
Surface Conditions Paved Paved Paved
Source: Pima Association of Governments (PAG), Town of Marana General Plan, and Site Visit 9.12.13
3.
Roadway Improvements
The I-10 Ina Road interchange is scheduled to be rebuilt by the Arizona Department of
Transportation (ADOT) commencing in 2016 with an estimated completion date of
2018. The ADOT project is expected to build a grade-separated interchange at Ina
Road with new traffic loops on the interchanges east and west sides. Additionally, there
are five projects listed in the adopted 2040 PAG Regional Transportation Plan (PAG
RTP) within the project area. Four projects are for the Ina Corridor and one is for
Silverbell Road. These projects are:
Silverbell Road Grant Road to Ina Road, Widen to 4-lane roadway , bike lanes
and drainage, Early Timeframe (2013-2020), Tucson, $57,045,000
Ina Road #1 Wade Road to Silverbell Road, Widen to 3-lane roadway, Middle
Timeframe (2020-2030), Pima County, $10,800,000
Ina Road #2 Silverbell Road to Interstate 10, Widen to 4-lane roadway,
includes 2-lane bridge, Early Timeframe (2013-2020), Marana, $11,440,000
Ina Road #2a Bridge over Santa Cruz River, Replace bridge structure, Early
Timeframe (2013-2020), Marana, $6,000,000
Ina Road #3 Interstate 10 to Camino de la Tierra, Widen to 6-lane roadway,
Early Timeframe (2013-2020), Marana, $13,100,000
4.
Existing and Proposed Intersections on Arterials within One Mile and Most
Likely to be Used by Traffic from this Site
The intersection of Silverbell Road and Ina Road will be used by vehicles generated by
the project. Additionally, the intersection of Silverbell Road and Cortaro Road, located
northwest of the site, is likely to be used by traffic from the site. The intersections of
both Ina Road & I-10 and Cortaro Road & I-10 are likely to be used by motorists
travelling east and west as well as by those making north-south movements via I-10.
5.
Existing Bicycle and Pedestrian Ways Adjacent to the Site and Their
Connections with Arterial Streets, Parks and Schools
Five of the project area roads within one-mile of the project site are designated on the
Tucson Bike Map as bike routes. Ina Road, Silverbell Road, Cortaro Road and Arizona
Pavilions Drive are all designated as bike routes with a striped shoulder. The bike route
along Silverbell Road terminates shortly south of Ina Road where the ROW for Silverbell
transitions to 2-lanes. Pima County GIS shows the bike route along Silverbell extending
slightly further south to where Abington Road intersects the Silverbell Road alignment.
The bike route along Ina Road extends east across I-10, but terminates approximately
1,800-feet west of the intersection with Silverbell Road (see Exhibit I.H.1: Traffic).
Similarly, the bike route along Cortaro terminates shortly west of the Cortaro-Silverbell
intersection. The east- and west-bound frontage roads of the I-10 are listed as key
connecting streets. Additionally, the Santa Cruz River Park shared-use path (part of
The Loop) borders the east boundary of the site and connects to a multitude of bike
routes within the region, including the Cañada Del Oro River Park located
approximately 1.8-miles southeast of the site. The Santa Cruz River Park shared-use
path also connects to Crossroads at Silverbell District Park and Coyote Trail Elementary
School, located northwest of the site (see Exhibit II.H.5: The Loop Map).
The Loop trail system is an excellent amenity to the project. The Loop provides
abundant opportunity for recreation, leisure and commuting as well as a cool, shaded
respite from the Arizona sun. The Santa Cruz River and shared-use path also offer
views of birds and other desert wildlife. Future connections to The Loop through this
project will allow residents access to this vital amenity and will help to attract the interest
of trail users and cyclists utilizing other area bike paths.
There are sidewalks on both sides of Silverbell Road adjacent to the west boundary of
the site. Ina Road has sidewalks on both sides of the street for approximately 150 to
200-feet east of the intersection of Ina and Silverbell roads. West of the Ina-Silverbell
intersection, there is sidewalk along the south side of the ROW that extends
approximately 750-feet and no sidewalk along the north side of the street. There are
no other sidewalks adjacent to the project area.
I. Recreation and Trails
1.
Open Space, Recreation Facilities, Parks and Trails
As shown on Exhibit II.I.1 there are three parks: Santa Cruz River Park, Crossroads at
Silverbell District Park and Mike Jacob Sportspark, within one-mile of the project site.
Both the Santa Cruz River Park and Mike Jacob Sportspark are under Pima County
jurisdiction, whereas Crossroads at Silverbell District Park is owned and maintained by
the Town of Marana. Additionally, the federally owned Saguaro National Park (West) is
located approximately 2 miles west of the site. Other parks in the area are owned and
operated by Pima County, including Wade McLean Park and Ted Walker Regional
Park, which are located approximately 1.2 miles northwest and southeast of the site,
respectively.
Master Plan, there are no existing trails within one-mile of the project site with the
exception of a portion of the Santa Cruz River Park shared-use path and the greenway
along Silverbell Road. There are multiple proposed trails within one-mile of the project
site, including the Anza Trail (along the east bank of the Santa Cruz River Park) and
the 5-mile Wild Horse Wash Trail (Pima Co. Trail #028), which is planned to traverse
the site. The Pima County Regional Trail System Master Plan also provides an
opportunity to develop 4 additional singletrack trails south of the site, including Belmont
Loop (Pima Co. Trail #127), Belmont Rd (Pima Co. Trail #146), Gas
pipeline/Greasewood Loop (Pima Co. Trail #155) and Hardy Wash (Pima Co. Trail
#160).
Exhibit II.I.1: Recreation and Schools
J. Cultural Resources
1.
Location of Resources On-Site
As part of the research on the property, the AZSITE database was consulted, which
includes records from the Arizona State Museum (ASM), Arizona State University, the
Arizona State Historic Preservation Office, and the Bureau of Land Management, for
previously conducted surveys and previously recorded sites in the project area.
The records search showed that the entire project area was inspected in 1981 and a
portion was inspected in 2003. Fifty-seven additional archaeological surveys have
been completed within a mile of the project area between 1955 and 2008. The ASM
records search revealed five historic properties located on-site, four of which are
determined eligible for listing in the National Register of Historic Places.
See Exhibit II.J.1: Archaeological Search Letter.
Exhibit II.J.1: Archaeological Search Letter
K. McHarg Composite Map
Information regarding topography, hydrology, vegetation, wildlife and views has been combined
to form the McHarg Composite Map, displayed as Exhibit II.K.1. The purpose of the McHarg
Composite Map is to highlight areas that are available for development. Refer to Section III
Land Use Proposal for more information on how the site plan physical
constraints.
Exhibit II.K.1: McHarg Composite Map
A. Purpose and Intent
The Silverbell Gateway Specific Plan establishes the framework for the development of a 92-
acre mixed-use community within the Town of Marana, Pima County, Arizona. The Specific
Plan provides a method for applying standards and guidance to ensure that this development
meets the needs of the community while appropriately responding to and considering adopted
plans, adjacent development, the environment and site-specific conditions.
This Land Use Proposal responds to the site analysis, technical research, and community
values through the use of regulations or controls to resolve any potential development-related
issues. The Specific Plan describes the planning considerations for parcels, imposes controls
on the development of such parcels and is detailed accordingly in the final plat. The boundaries
of this Specific Plan are shown on Exhibit II.B.1.
B. Design Principles and Vision
The Silverbell Gateway Specific Plan is intended to be developed in keeping with the
following goals and objectives:
Provide a gateway to the Town of Marana;
Create unifying design elements for the entire 92-acres in terms of
monumentation, signage and overall feel of Silverbell Gateway;
Preserve and feature the natural beauty of the Santa Cruz River to the east;
Maximize the spectacular views of Sombrero Peak and the Tucson Mountains
to the west and those of Pusch Ridge and the Catalina Mountains to the
northeast;
Provide variety in housing choices and price ranges through a diverse mix of
offerings;
Offer recreational and social opportunities for a variety of age ranges and needs
through open space, active and passive recreation and common areas;
Provide pathways and trails throughout neighborhood providing pedestrian and
bicycle connectivity and access to the Santa Cruz River Park shared-use path
(The Loop), which will eventually consist of 131 miles of connected trails;
Focus development on existing disturbed areas and selectively revegetate
previous disturbance where appropriate; and
Create visually appealing focal points throughout the community.
C. Relationship to Adopted Plans
1.
Marana General Plan
The proposed Specific Plan will conform to the Town of Marana General Plan and the
recommendations set forth by regulatory agencies involved in permitting.
Silverbell Gateway
Plan within the Southern Growth Area. Designed to help meet the current and future
needs of the Town, the Specific Plan establishes goals and polices that are in line with
neral Plan and Strategic Plan.
The Silverbell Gateway Specific Plan is in agreement with the overall General Plan,
including the following highlighted goals, policies and actions:
General Plan Goal, Land Use and Growth Element: Adopt sustainable
develop future
Conserving
open space and protecting natural desert landscapes promotes an increase in the
general welfare and wellbeing of local residents by providing land for trails and
recreational amenities. Open space, including revegetated common area and
landscaped park areas, provides ecosystem services that reduce negative storm water
runoff effects like erosion, protects wildlife habitat, and improves water quality by
allowing debris and pollution to deposit over undisturbed land. In order for open space
to be a viable use, it needs to be thoughtfully integrated into community design.
Providing a diverse mix of uses interconnected through open space, pathways and trails
fosters sustainable development that can then be linked to nearby existing
developments, open space and recreation areas.
General Plan Policy: Promote a healthy, adaptable local economy that is vital
to the communityhigh levels
of services and amenities.
General Plan Action: Provide quality urban spaces, parks and recreation, with
trails and walkways that serve the community.
Specific Plan Conformance:
Silverbell Gateway will provide a mixed-use
development that caters to the need for, single-family homes, affordable yet upscale
apartments, commercial, light industrial, office space, and options for senior living. It
provides the opportunity for employment, commercial retail, office and services to
help enhance the quality of life for Marana residents by reducing their travel times
and subsequent carbon footprint. To that end, Silverbell Gateway is envisioned as
a well-designed mixed-use development with excellent multi-modal connectivity.
An interconnected system of pathways throughout Silverbell Gateway will connect to
The Loop in multiple locations along the eastern boundary as well as to the Silverbell
Road bike path and other trails in the area. The Loop provides an opportunity for
residents and employees to engage in active recreation, leisure and commuting in
addition to offering a cool, shaded, respite from the Arizona sun.
General Plan Goal, Land Use and Growth Element: Provide opportunities for
diverse developments that maximize the benefits to the community
Any time a development proposes a quality mix of land uses with a strong emphasis on
design and integration, the residents of both the existing and proposed communities
benefit greatly. By co-locating uses on a single project site, travel times and
transportation costs are reduced as well as developmental impact on the environment.
Implicit in the creation of any mixed-use development is the range of housing types
necessary to create a thriving community that can accommodate affordability for
residents of any socio-economic class. By providing a diverse housing mix, land uses
such as industrial, commercial and office space are complemented with a variety of
skilled workers; thus, attracting future development and employment opportunities to
the Town. Additionally, the possible provision of a continuing care retirement
community offers longtime Town residents an opportunity to age in place rather than
being uprooted from the community.
General Plan Policy: Promote new development that is compatible with existing
land uses.
General Plan Action: Establish appropriate land development designations
with densities and intensities that complement existing natural conditions and
residential areas.
General Plan Action: Locate commercial and industrial uses for direct access
to arterial or collector roads without generating traffic into housing areas.
General Plan Action:Encourage mixed use development proposals for future
Master Planning Areas in Marana
General Plan Policy: Provide opportunities for a variety of housing types and
economic levels.
General Plan Action: Designate a wide range of residential development
densities from low density rural to multi-family urban.
General Plan Policy: Provide a development pattern that minimizes public
expenditures.
General Plan Action: Encourage growth in locations where infrastructure
capacity exists or can be easily extended.
General Plan Action: Encourage joint use amenities and public facilities.
Specific Plan Conformance:
Silverbell Gateway is located within the Planning Area
Boundary of the and is part of the Southern
Growth Area. The area has been targeted as a prime growth area over the next
decade and as a gateway into the Town of Marana. The land use designations on
the property are Industrial and Commercial (see Exhibit II.B.3.b). Given the already
intensive land use designations on the property
Transportation Corridor Zone,
, it is apparent that a mix of residential and non-residential uses
is appropriate.
Silverbell Gateway will feature high-quality design and development that is
compatible with what exists in the area, as well as a range of residential and
commercial options to accommodate homebuyers and businesses at varying income
levels. According to the 2010 General Plan, there is additional Industrial and
Commercial designated land immediately surrounding the site whereas the majority
of land within the Town of Marana to the west and northwest is designated as Master
Planned Area and Low Density Residential. The Pima County land to the west
consists mainly of Low Density Residential. Several residential subdivisions exist
within the master planned area west of Silverbell Gateway. The property is positioned
along two major arterials, southeast of the Ironwood Reserve and Continental Ranch
single-family residential subdivisions, and directly south of Crossroads at Silverbell
District Park. Several other subdivisions exist west of the site at varying densities.
To the east are industrial and commercial uses along the I-10 frontage. Additionally,
Silverbell Gateway is well served by utilities and has excellent roadway access along
two major arterials.
General Plan Goal, Parks and Recreation Element: Provide a system of
developed parks and recreational facilities
Access to parks and recreational facilities is an important part of well-functioning
in outdoor activities. Providing trails and neighborhood parks improves the health of
community residents while allowing them to experience the natural beauty of the
Sonoran Desert. Improving the general welfare and wellbeing of communities through
outdoor recreation helps instill a unique sense of place, and pride in the community, for
residents that enjoy the provided amenities.
General Plan Policy: Support the development of recreational facilities in new
residential areas.
General Plan Action: Require neighborhood parks in all new residential
developments following standards described in the 2010 Town of Marana
Parks, Recreation, Trails and Open Space Master Plan and Land
Development Code.
General Plan Action: Require path/trail easements and constructed elements
to link neighborhood parks with residences, schools, and the public path/trail
system.
General Plan Action: Requ
recreation facilities (neighborhood parks) to the appropriate standard as
defined in the 2010 Town of Marana Parks, Recreation, Trails and Open
Space Master Plan.
Specific Plan Conformance:
Silverbell Gateway will feature open space, active
recreation areas, pedestrian pathways and trails. Pedestrian and bicycle connections
will be made to the existing Santa Cruz River Park shared-use path and to existing bike
routes and trails in the area. Maintenance of the parks and trails will be the responsibility
(HOA), regulated by Covenants, Codes and
Restrictions (CC&Rs).
2.
Marana Strategic Plan
The Silverbell Gateway Specific Plan is a master planned community in the Town of
Marana consisting of 92 acres of property on the northwest and northeast corners of
Ina and Silverbell Roads. The purpose of the Specific Plan is to establish a
development plan, regulations and performance standards that provide the flexibility
and specifi
unique setting and character.
The Silverbell Gateway Specific Plan supports the five areas of the Marana Strategic
Plan:
Commerce
Construction of proposed mixed-use community will provide jobs as well
as revenue to the Town through construction sales tax, retail sales tax and development
services fees.
Community
This new mixed-use residential community will provide new housing
choices for a diverse age range adjacent to the popular Continental Ranch and Pima
Farms areas, attracting new residents to the Town. Additionally, existing residents will
benefit from the greater availability of commercial goods and services. Careful
development of the site as an interconnected network of supporting uses will enhance
access in and around the project area and transform it into a gateway destination.
Heritage
Settlement along rivers and alluvial fans in Marana and other metro Tucson
communities highlights the unique heritage. Historically, rivers were used to
move people and goods; sources of water for drinking, bathing, cooking and cleaning;
and perhaps most importantly, were necessary for the successful production of
agriculture. Today, rivers such as the Santa Cruz serve a similar purpose in that they
have been equipped with multi-use paths for commuting and leisure. Our rivers,
whether ephemeral or not, are the backbones of our natural and cultural history and
they provide the quality of life components that help shape long-lasting communities;
such as scenery, shade, wildlife viewing, and a host of other benefits. The Santa Cruz
River lies adjacent to the east boundary and will serve as a cultural, recreational, and
scenic amenity to those residing at Silverbell Gateway.
Progress/Innovation
Quality mixed-use development is an innovation in and of itself.
For example, the possible provision of an integrated continuing care retirement
community can be a progressive approach to ensuring an adequate supply of housing,
medical, and other services and amenities to meet the growing number of Baby
Boomers entering retirement age. The diverse mix of proposed residential and non-
residential office and retail uses will serve as an innovative example of how quality
design and rational integration can foster thriving developments at any scale.
Recreation
The development plan proposes a variety of open space and recreation
opportunities for all ages of its residents, ranging from active and passive recreation
areas to existing pathway and trail connections. Access to the existing Santa Cruz
River Park shared-use path and other trails in the area provides connectivity within the
Town, neighboring jurisdictions and unincorporated Pima County leading to a wide
array of recreational options.
D. Compatibility with Adjoining Development and Location Restrictions
1.
Adjoining Development Compatibility
Silverbell Gateway will have no immediate impact to surrounding uses. The specific
plan area is located southeast of a master planned area with several subdivisions within
one-mile of the project site; of which, two are immediately adjacent to the west. The
site is bound by the major arterials, Ina and Silverbell Roads on the south and west,
respectively. Land to the east is impacted by the 100-year flood limits of the Santa Cruz
River. A number of residential subdivisions also exist further away to the southwest of
Silverbell Gateway. Coupled with retail development near Cortaro Road, these
subdivisions lend themselves to improving economic development within the Town of
Marana. Given the largely undevelopable flood prone areas nearby, Silverbell Gateway
will be compatible with existing uses no matter what is developed on-site.
The land surrounding Silverbell Gateway to the south and east is predominantly vacant
with the exception of some residential subdivisions to the southwest and commercial
and industrial uses located in between the east bank of the Santa Cruz River and
Interstate 10. Riverside at Silverbell is located on the southeast corner of Ina and
Silverbell Roads and is planned as a mixed-used community with a gas station and
convenience store at the corner and upscale retail, apartments and townhomes. The
Marana Gateway Center, located just over one-quarter mile east of Silverbell Gateway
along Ina Road at Interstate 10, will also provide economic development for the Town.
It is a business park development for retail, office, industrial and general commercial
uses that will complement the mixed-use development in Silverbell Gateway. Lastly,
the land on the southwest corner of Ina and Silverbell is planned as the Silverbell
Crossroads Shopping Center. All of these uses will be mutually beneficial in that,
together, they will draw more interest and traffic to the area than they would individually
in order to provide a vibrant mixed-use gateway to the Town of Marana along a critical
corridor connecting Northwest Marana and West Tucson.
E. Land Use Concept Plan
The driving forces behind the Land Use Concept for Silverbell Gateway are its location along
two heavily utilized major arterials, Silverbell and Ina Roads, and its close proximity to the
regional transportation corridor, Interstate 10. This future mixed-use gateway activity center is
appropriate due to its positioning in relation to major employment centers along I-10, its location
along major arterials and its proximity to existing master planned communities and future
residential growth. Although the vast majority of land to the south and east surrounding the
project is vacant, this area is expected to experience rapid growth in the near future. A location
such as this is highly conducive to a mixture of commercial, retail and light industrial in addition
to a range of residential uses and densities. This plan will serve as the framework to develop
these uses in such a way that will maximize flexibility in adjusting to market conditions as well
as ensure that development happens in a neat, orderly, and timely fashion.
This project is envisioned as a sustainable residential, commercial, employment and
entertainment hub that will benefit a wide variety of residents from surrounding communities
including Pima Farms, Continental Ranch, and Continental Reserve, populations of
Metropolitan Tucson such as Oro Valley and Northwest Pima County and the City of Tucson,
as well as travelers heading east and west along I-10.
Silverbell Gateway will include four separate, yet similar, land use development areas in order
to encourage integration of compatible land uses and provide flexibility based on the
opportunities and constraints of the site and the potential need to respond and adapt to market
conditions at the time of construction. It is intended that nearly all of the permitted uses within
Silverbell Gateway be allowed in any of the 4 development areas unless explicitly stated
otherwise. See Exhibit III.E.1: Conceptual Development Plan (CDP).
The timing of development within Silverbell Gateway will be highly dependent on the progress
of the Ina Road/I-10 interchange construction and the Ina Road improvements. Specific issues
having to do with this sites constraints will be addressed during the Platting/Development Plan
process.
This strategically located gateway intersection deserves and demands an identity that sets it
apart from other commercial or mixed-use development. Integrated design features and
This will become a jewel
of southern Marana development that the entire community will appreciate. The proposed
design guidelines illustrate the intended quality of development within Silverbell Gateway.
1.
Development Area A, B & C
As shown on Exhibit III.E.1: Conceptual Development Plan, the land on the northeast
corner of Ina and Silverbell Roads is separated into 3 development areas, Development
Area A, B and C. The only difference between A, B and C is that Development Area C
precludes detached single-family residential housing and includes a 100-foot building
height zone as a conditional use. Development Area B was added as a transition zone
that would allow for multi-story detached single-family homes on lots not to exceed
3,500 square feet. The intent of Development Area A, B and C is to create a vibrant
mixed-use gateway to the Town of Marana that showcases the breathtaking views of
the surrounding mountains while maximizing use of established trails, parks and other
recreational amenities in the immediate area. Development in this area is meant to
activate use and enjoyment of the Santa Cruz River Park shared-use path and the river
itself. The permitted uses, their configuration on the site and architectural design will
foster appreciation of the Santa Cruz River as a vital cultural resource that will continue
to hold importance for generations to come.
Development Areas A, B and C consist of approximately 84-acres and are designed to
provide a range of housing options for people working within Silverbell Gateway and
the Town. Situated within one-mile of Interstate-10 along Ina Road, and bisected by
the major arterial Silverbell Road, this property is ideally suited for large scale retailers,
restaurants, theaters, hotels, mixed-use and other forms of high-intensity retail and
commercial uses, all of which will be allowed in Development Area A, B and C. This
area will be characterized by medium to high-density residential uses including
apartments, condominiums, townhomes, and assisted and/or independent living units.
Where appropriate, some residences will have terraces and stoops to encourage
interaction between neighbors and create neighborhood-like feel. These development
areas will provide accommodation for a wide variety of lifestyles, age groups, and
income levels creating balance within the community. Residents will benefit from their
convenient location near employment, business and neighborhood commercial
establishments. Additionally, the adjacent Crossroads at Silverbell District Park and the
numerous trails/bicycle routes bordering the site offer a wide array of recreational
opportunities for residents to engage in.
Interconnected employment, lifestyle and entertainment uses such as restaurants,
galleries, theaters, cafes, and shops will also be concentrated in this area and in
locations along the frontage of Ina and Silverbell Roads. The vision for this area
includes wide, generously landscaped sidewalks lined with a variety of multistory
buildings mixed with commercial and retail, and linked to residential and employment
uses. On-street parking will be provided along the interior streets. When practical,
parking lots will be located behind buildings and will be connected to the commercial
centers via pedestrian walkways. Retail businesses in these development areas will
not only serve the residents of Silverbell Gateway, they will serve as a destination for
residents of the surrounding community as well.
Development Areas A, B and C are also designed to accommodate the development
of a vibrant business center with a wide variety of employment opportunities ranging
from commercial to light industrial to serve the region as a whole. Commercial/retail,
live/work units and retail/office with upper floor residential lofts will be required in order
to compliment the business park and increase the livelihood of the development; vertical
mixed-use (residential over retail) areas are strongly encouraged as well as horizontal
mixed-use. Increased height of the buildings in the 100-foot Building Height Zone as
depicted in Exhibit III.E.1: Conceptual Development Plan will help accommodate higher
density for the area and serve as an iconic gateway into the Town. As the Town
continues to grow, institutional facilities such as churches, schools, community centers,
a hospital or urgent care facility will also be appropriate in this area. The goal is to
create a genuinely mixed-use community that affords future residents immediate
access to the host of activities that help produce a high quality of life and allow residents
to age in place. To that end, uses supportive of a continuing care retirement community
are strongly encouraged y and
therapy gardens.
This area is in close proximity to the Santa Cruz River and River Park shared-use path
(The Loop) adjacent to the east property boundary. Although The Loop is already a
highly important recreational amenity, upon completion, it will total 131 miles and
provide the residents of Silverbell Gateway multimodal connectivity to a variety of
activities throughout Metropolitan Tucson. Connectivity with the Santa Cruz River Park
shared-use path will be required as well as on-site construction of the Wild Horse Wash
Trail (Pima Co. Trail #028). Connections to other pathways and trails in the area will
also be provided. By integrating a wide variety of land uses with a pedestrian friendly
design, Silverbell Gateway is truly a place where residents can live, work and play.
2.
Development Area D
The intent of Development Area D is to accommodate either assisted living units, single-
family attached/detached homes or multi-family residential to support the diverse mix
of uses in Development Areas A, B and C. In the event a portion of Development Area
A, B or C develops as a continuing care retirement community, this area provides an
opportunity to develop medical offices, assisted living and independent living units
supportive of the growing need for retirement living options in Marana. Situated on the
northwest corner of Ina and Silverbell Roads and adjacent to single-family residences
to the west, this 8-acre development area is ideally suited for additional residential
density with the opportunity for a mixed-use component, which will be encouraged by
the Development Area D Designation. Principal uses include but are not limited to:
single- and multi-family residential, retail and commercial service uses, mixed-use
business and support services such as professional, financial and business offices.
Given the limited acreage and developable area available within Development Area D,
vertical mixed-use (residential over retail) is strongly encouraged. Retail businesses in
Development Area D will not only serve the residents of Silverbell Gateway, they will
also serve as a destination for residents of the surrounding community. Light industrial
uses are prohibited within Development Area D.
F. Circulation Plan
Circulation within Silverbell Gateway, illustrated in Exhibit III.E.1:Conceptual Development Plan,
has been designed to create a safe and efficient transportation network that will enhance the
mixed-use and vibrant atmosphere set forth in the land use concept as well as further the goals
set forth Land Use and Circulation Elements. Ina and Silverbell
Roads are the two major roadways that are expected to serve Silverbell Gateway; however,
planned improvements along Ina have yet to be constructed.
A Traffic Impact Analysis (TIA) prepared by Rick Engineering and submitted under separate cover
is intended to support the land-use proposal for this rezoning project. The study addresses the
potential traffic impacts associated with the proposed Silverbell Gateway. The findings in the TIA
are based on the development intensity of the permitted uses in a conceptual build-out scenario.
Any roadway improvements required by the Town based on the findings of the Traffic Impact
Additional traffic
Analysis (as approved by the Town) will be the responsibility of the developer.
studies will be submitted to the Town at the platting or development plan stages of this project.
1.
External Roads
Ingress and egress onto external roads is shown in Exhibit III.E.1:Conceptual
Development Plan (CDP). As shown on the CDP, there is one proposed access point
onto Ina Road and two onto Silverbell Road from the development areas east of Silverbell
Road. Development Area D proposes one access point onto Silverbell Road and one
onto Ina Road. Factors that will influence the eventual location and characteristics of the
proposed access points include the exact location of uses as they are distributed
throughout the site and the timing of the construction of the new Ina Road/I-10
interchange, Ina Road widening and reconstruction of the Santa Cruz River bridge
adjacent to the southeast corner of Silverbell Gateway.
Ina Road serves as the southernmost boundary of the Plan area, and is scheduled to
become a four-lane divided roadway with a median opening located one-quarter of a mile
east of Silverbell along Ina Road. Construction is set to commence in 2016 and last two
years. The current Major Streets and Routes plan shows Ina Road as a four lane arterial
with a future right-of-way of 150 feet with sidewalks and bike lanes in either direction. The
Ina/I-10 interchange is also expected to impact the project and is on the same
construction horizon as the Ina Road improvements.
The proposed Riverside at Silverbell mixed-use development is located at the southeast
corner of the Ina Road/Silverbell Road intersection and plans to take access via Ina Road
and Silverbell Road. As part of the Ina Road improvements, the planned median opening
one-quarter mile from the intersection of Ina and Silverbell Roads will serve as a full-
access drive for both Silverbell Gateway and Riverside at Silverbell. Further coordination
between these two projects allowed for traffic data from the proposed Riverside at
Silverbell to be included within the background traffic for the Silverbell Gateway Specific
Plan traffic analysis, providing a more accurate depiction of future traffic impacts as a
result of these two projects. The TIS for the Riverside at Silverbell project was prepared
by Curtis Lueck and Associates.
2.
Internal Roads
Circulation within Silverbell Gateway will be facilitated by a series of public roads specially
designed to complement the land uses on each side of the road. It will be a walkable
community with pedestrian and/or bicycle opportunities providing connectivity to all
streets. This context sensitive design approach will help facilitate construction of
pedestrian-oriented streetscapes and rear access parking. All internal roadways shall
be in compliance with the Town of Marana Subdivision Street Standards. If
, a design exception report
and its approval will be required during either the platting or development plan
process.
G. Post Development Hydrology
1.
Land Use Concept Plan Response to Hydrologic Characteristics
The proposed development area limits have been delineated based on the location of
potential drainage improvements and proposed uses are intended to be compatible with
these improvements. This planning will allow the project to accept the existing runoff and
discharge on-site flows in a manner similar to the pre-development conditions.
2.
Encroachment and Modification of Drainage Patterns
Due to the type and scale of proposed uses on the site, it is likely that encroachment into
the current regulatory floodplains is unavoidable. Engineered channels will be provided to
route all on-site and off-site runoff through the project site in a manner that will not adversely
impact adjacent properties. Exhibit III.G.1: Post Development Hydrology shows potential
locations of the culvert extensions and open channels to convey the regulatory discharges
across the site.
3.
Engineering and Design Features to be Used to Address Drainage and
Erosion Problems
As mentioned in Section II.D: Hydrology, Water Resources, and Drainage, there are off-
site flows conveyed below Silverbell Road, Ina Road, and from the Silverbell West
Subdivision that impact the project. The nature and quantity of these flows will be further
evaluated in the drainage report(s) prepared for the development of the site. The necessary
improvements to convey the flows will be determined at that time and will be incorporated
into the drainage improvements for the development. The potential alignment of culvert
extensions and open channels are shown on Exhibit III.G.1: Post Development Hydrology.
In general, open channels with concrete bottoms, bottom widths varying from 20 feet to 40
feet, 1:1 grouted rip-rap side slopes, and depths varying from 4 feet to 6 feet will be
adequate to convey the regulatory discharges. Potential channel cross-sections are
presented on Exhibit IV.D.9: Typical Channel Cross-Sections. Channel 5 is presented to
convey the flows discharging from the Silverbell West R-10 subdivision through the west
parcel. The use of stabilized side slopes will eliminate the existence of an erosion hazard
setback along these open channels.
The bank protection along the northeastern boundary constructed as Town of Marana
project number 2002-04 was constructed only to the height of the 10-year water surface
elevation. The height of this bank protection will be increased to contain the 500-year flow
as part of the development of this project. Until bank protection along the Santa Cruz River
-500-year event building erosion
hazard setback will comply with Title 21 of the Town of Marana Land Development Code,
including section 21.05.07
includes a full scour depth toe-down along this entire project and when raised to contain
the 500-year flow, will eliminate the Building Erosion Hazard Setback on the parcel for the
Santa Cruz River. Refer to Exhibit III.G.1:Post Development Hydrology for the limits of
this future bank protection modification.
It is anticipated that a new reinforced concrete box (RCB) culvert will be constructed
through the existing Santa Cruz River shared-use
path to convey flows to the Santa Cruz River. The approximate location of this culvert is
shown on Exhibit III.G.1: Post Development Hydrology.
Detention will not be required for this project based on the criteria presented in Section 2.3
of the Pima County Stormwater Detention/Retention Manual. The project discharges to a
channel immediately upstream of where that channel discharges to the Santa Cruz River,
Stormwater Detention/Retention Manual.
A preliminary analysis of the applicable channel travel time and hydrograph rise times
indicates Criterion 2 of the Pima County Stormwater Detention/Retention Manual is
satisfied for this project.
Regardless of detention requirements, threshold retention will be required. In order to
satisfy this requirement, retention basins and/or underground retention basin systems will
be provided. The design and construction of this basin system shall meet the requirements
of the Pima County Stormwater Detention/Retention Manual, and any modifications
adopted by the Town of Marana.
Based on requirements of the Pima County Stormwater Detention/Retention Manual,
approximately 0.3 acre-feet of retention storage will be required for the west parcel and 3.2
acre-feet of retention storage will be required for the east parcel. Using a basin with a
maximum ponding depth of 3 feet, the total surface area of basins for both the west and
east parcels would be 1.2 acres (52,300 square feet). Since the CDP is conceptual in
nature, potential engineering features for retention cannot be identified at this time.
A stormwater pollution prevention plan (SWPP) submitted to the Town of Marana will be
required prior to the issuance of grading permits for the future development of the site.
4.
Potential Drainage Impacts to Off-site Land Uses Upstream and
Downstream
Construction of the higher bank protection and RCB culvert through the Santa Cruz River
bank protection temporarily may -use path adjacent to and
downstream of this project. Otherwise drainage from this project does not impact
downstream land uses and no change to this condition is proposed.
This project is bounded along its upstream limits by Silverbell Road and Ina Road.
Drainage improvements will ensure the adequate conveyance of off-site flows and thus not
impact the land uses of upstream properties.
5.
Land Use Concept Plan Conformance with Area Plan, Basin Management
Plan, and Town Policies
The development associated with this Specific Plan will conform with applicable policies
related to drainage and floodplain management. Applicable policies include but are not
limited to those contained within the Town of Marana Land Development Code and the
Pima County Stormwater Detention/Retention Manual.
Note that construction of critical facilities, as defined within Title 21 of the Town of Marana
Land Development Code and including hospitals, nursing homes, assisted living homes,
etc., will be designed in accordance with section 21.05.07 of the Land Development Code.
local regulatory floodplain. Prior to construction of bank protection to contain the 500-year
flow within the Santa Cruz River channel (proposed as part of this project) and the
construction of on-site drainage improvements to convey the 500-
Exhibit II.D.2.
H. Environmental Resources
1.
Waters of the United States
The U.S. Army Corps of Engineers (Corps) has not been requested to make a
determination of the jurisdictional status of drainage features on the property, either
under Regulatory Guidance Letter (RGL) 08-02, in which the Corps determines only
which features have the potential to be waters of the U.S. (Waters) in a preliminary
jurisdictional determination (PJD), or with the use of a significant nexus analysis, in
which the Corps issues an approved jurisdictional determination (AJD) that identifies
the extent of Waters on the property over which the Corps claims jurisdiction. The
presence of potential Waters on the Silverbell Gateway property is evident, but the
extent of those features has not been mapped. Under an AJD, the Corps may
determine that only some, or even none, of these potential Waters are actual Waters
under their jurisdiction. A jurisdictional delineation will be submitted to the U.S. Army
Corps of Engineers at a later date.
2.
Federally Endangered Species and Other Special Species
There are no federally endangered species or other special species present on the
project site.
3.
Wildlife Corridor
A search of the AGFD HDMS identified the presence of 2 wildlife corridors within 3 miles
of the specific plan site; the Coyote Ironwood Tucson Linkage Design and the
Tucson - Tortolita Santa Catalina Mountains Linkage Design. This link is depicted by
2
Beier et al. (2006) as covering broad areas, without specific paths through the areas
defined. The Town of Marana HCP states that the Tucson Tortolita corridor extends
from the western portion of Saguaro National Park to the Tortolita Fan to the east.
I. Landscape & Buffering
The overall l
surrounding environment. Native and desert-adapted plant material as well as regionally
appropriate hardscape materials will be used within the development area of the property.
Landscape buffers will reflect the desert plant palette and appearance of the native Sonoran
environment.
2
Beier, P., E. Garding, and D. Majka. 2006. Arizona Missing Linkages: Tucson Tortolita Santa Catalina Mountains Linkage Design.
Report to Arizona Game and Fish Department. School of Forestry, Northern Arizona University.
east sides. Riparian plant species
may be located along the north and east sides of the property to reflect the nature of the river
habitat.
The conservation of water will be an important priority with the landscape design. Water
harvesting techniques will be employed within the project landscape. Rainwater that is
collected or diverted will supplement the water requirements of the landscape plants. An
underground drip irrigation system will efficiently provide water to the plants while minimizing
water lost to evaporation. The majority of plants within the landscape will be desert adapted
and low water use.
1.
Native Plant Preservation
A Native Plant Preservation Plan (NPPP) shall be prepared in accordance with the
provisions set forth in the Town of Marana Land Development Code. The site layout
has been designed with concern for thes
running through the site.
J. Utilities
1.
Water
As shown on Exhibit II.B.3.c: Existing Land Uses, there is a well located on-site near
the southeast corner of the property. The water supply for Silverbell Gateway site will
be provided by Tucson Water which has been designated by the state of Arizona
Department of Water Resources as having an assured water supply; therefore, water
supply is assured. A water service agreement, Exhibit III.J.1: Water Service Letter, is
required to establish service to the property. Off-site improvements to connect to the
existing system, well sites and storage tanks will need to be considered along with the
infrastructure to serve the proposed development.
Exhibit III.J.1: Water Service Letter
2.
Wastewater
The plan is to be served by public sewer. The project site is tributary to the Ina Road /
Tres Rios Water Reclamation Facility, via the Continental Ranch Interceptor. Capacity
is currently available in the existing 8-inch gravity main sewer line, G-2004-170, under
Silverbell Road near the middle of the west boundary and downstream from manhole
#3271-13. In order to connect the portion of the site located on the northwest corner of
Ina and Silverbell, it is necessary to tie into either the 15-inch gravity main sewer (at
manhole #3271-05 or #3271-06) line, G-2004-170, adjacent to the west side of
Silverbell Road.
A Sewer Service Agreement will be needed prior to development, see Exhibit
III.J.2.a: Existing Sewer Facilities and Exhibit III.J.2.b: Wastewater Capacity
Response.
3.
Private Utilities
Tucson Electric Power (TEP) provides electricity to this area of Pima County. It is
anticipated that TEP will provide power to the site.
It is anticipated that Century Link will extend phone service to the site. Alternatively, the
site may use wireless communications that can be provided by any number of service
providers.
It is anticipated that natural gas service will be offered and provided in the development
of the property, but shall not be required. It is anticipated that service would be provided
by Southwest Gas.
Electricity, natural gas, telecommunications and cable services will be extended to the
project site at the time of development through agreements with individual utility
companies. The following utility companies currently serve this area:
Electricity: Tucson Electric Power
Natural Gas: Southwest Gas Corporation
Telephone: Century Link
Cable: Comcast
4.
Sanitation and Recycling Services
A number of private sanitation service providers may be contracted to serve the site
with comprehensive trash and waste removal, recycling and environmentally safe
waste management services.
Exhibit III.J.2.a: Existing Sewer Facilities
Exhibit III.J.2.b: Wastewater Capacity Response
K. Public Services
1.
Police Service
Marana police station is the Town of Marana Police Headquarters located
approximately 10.3 miles northwest of the project site at 11555 West Civic Center Drive.
2.
Schools
It is anticipated that this project will generate approximately 316 residential units if fully
developed at the target residential densities. Silverbell Gateway is located within the
Marana Unified School District (MUSD).
MUSD provided the following multipliers to use for student enrollment projections.
(MUSD multipliers do not distinguish between different housing projects):
Elementary: 0.25 students per home (0.25 x 316) = 79 students
Junior High & High School: 0.10 students per home (0.10 x 316) = 32 students
Given that on-site development will impact school capacity, the Master Developer has
agreed to a $1,200 voluntary donation per dwelling unit to help accommodate school
ȱ
expansion efforts within the Marana Unified School District. The site will be served by
Marana High School, Marana Middle School and either Coyote Trail Elementary,
Rattlesnake Ridge Elementary, Twin Peaks Elementary or Thornydale Elementary.
There are no schools within one-mile of the project site. The nearest public school is
Coyote Trail Elementary School, located approximately 1.2 miles northwest of the site
at 8000 N. Silverbell Road. See Exhibit III.K.1: Recreation and Schools. The nearest
public middle and high schools are Tortolita Middle School, located approximately 2.6
miles from the project area at 4101 W. Hardy Road, and Mountain View High School
located approximately 3.5 miles to the northeast at 3901 W. Linda Vista Boulevard.
Table III.K.2: School Capacities & Enrollments
School Current Enrollment
School
Capacity (2013-2014)
Marana High School 1900-2200 1864
Marana Middle School 1200 1150
Rattlesnake Ridge Elementary 800+ 660
Twin Peaks Elementary 800+ 510
3.
Fire Service
The entire project site is currently within the Northwest Fire District. The Northwest Fire
District also serves immediately adjacent areas to the north, east, south and west of the
site.
As depicted in Exhibit III.K.3: Fire Service, the nearest fire station (Northwest Fire
District Station #334) is located at 8165 N. Wade Road, approximately 1.6 miles
northwest of the project site.
Exhibit III.K.3: Fire Service
L. Recreation and Trails
1.
Provision of Recreational Area
Per the Town of Marana Land Development Code requirements, residential projects
with a gross density greater than or equal to 3.0 residences per acre and containing 50
or more dwelling units shall provide an improved on-site recreation area, constructed at
se. Since Silverbell Gateway will consist of both single-
and multi-family residential development at varying densities, the provision of both
active and passive recreation areas will be required. Silverbell Gateway intends to
provide recreational spaces to enhance the quality of life for its residents and provide
for a more aesthetically pleasing mixed-use environment.
Silverbell Gateway will offer outdoor recreational amenities with the option to provide
indoor recreation as well. Placement and design of outdoor park areas should create
visual focal points that encourage active recreational engagement and community
gathering. Larger and more prominent parks within Silverbell Gateway shall feature
many of the following amenities: ball fields and cou
community gathering spaces and rooms, picnic areas and bathrooms, whereas smaller,
more informal, park areas shall include at least 3 of the following open space amenities:
informal turf area, seating and shade, exercise equipment, desert landscaping, walks
and paths. At least one park within Silverbell Gateway must feature enhanced
recreational amenities such as a public swimming pool or splash pad.
2.
Open Space Ownership
Preservation of natural open space, as well as maintenance of modified open space
(common area) within Silverbell Gateway, shall be the responsibility of the Master
3.
Off-Site Trail Access and Maintenance
Multiple pathway connections will facilitate pedestrian access throughout the site and
to existing trails and pathways in the area. Pedestrian connections to the Santa Cruz
River Park shared-use path (The Loop) will be an important component of development
within the project area, especially for projects situated along the eastern boundary. A
minimum of 3 connections to The Loop shared-use path will be required and are
encouraged every 1,000-feet to one-quarter mile along the length of the eastern
boundary. The Loop currently offers over 100 miles of shared-use paths and upon
completion will total 131 miles, providing a wide-ranging regional recreation, leisure and
multimodal transportation amenity to residents of Silverbell Gateway. It will eventually
be built on the east riverbank to complement the already existing paved shared-use
path on the west bank adjacent to the project. This portion of The Loop will also be
improved as part of the Juan Bautista De Anza National Historic Trail, which will extend
from the Arizona-Mexico border all the way to San Francisco, California.
A portion of the 5-mile Wild Horse Wash Trail (Pima Co. Trail #028) identified in the
Town of Marana Parks, Recreation, Trails and Open Space Master Plan is planned to
traverse the site along or near the Yuma Mine Wash. The developer will be responsible
for installing a 10-foot wide decomposed granite trail with signage at both boundaries
of the trail. The trail must be built to Town of Marana specifications as described in the
Parks, Recreation, Trails and Open Space Master Plan. South of the site, the Wild
Horse Wash trail may eventually connect to 5 additional singletrack trails identified in
the Pima County Regional Trail System Master Plan, including Belmont Loop (Pima Co.
Trail #127), Belmont Rd (Pima Co. Trail #146), Yuma Mine Trail (Pima Co. #145), Gas
pipeline/Greasewood Loop (Pima Co. Trail #155) and Hardy Wash (Pima Co. Trail
#160). All other trails offered within Silverbell Gateway will either be paved or covered
with natural substrate and may include trail amenities such as handrails, seating, shade,
trash cans, lighting, etc.
M. Cultural, Archaeological and Historic Resources
The project site contains significant historic resources according to the Arizona State Museum
archaeological records search. Please see Exhibit: II.J.1: Archaeological Search Letter.
According to ASM, five historic properties, four of which are determined eligible for listing in the
National Register of Historic Places (NRHP) have been identified on the site. Due to the
presence of historically significant sites which have been identified in the area, the ASM
recommends that a qualified archaeologist be consulted in advance of any ground-disturbing
activities to mitigate potentially adverse effects to historically significant properties.
A. Purpose and Intent
These regulations will serve as the primary mechanism for the implementation of the Silverbell
Gateway Specific Plan. The following Development Regulations and Design Guidelines
establish the intensity and character of the development by prescribing site-specific standards
that are tailored to the unique qualities of the project. The regulations contained within this
section provide an appropriate amount of flexibility to anticipate future needs and to achieve
compatibility with surrounding land uses.
These development regulations permit the integration for a mixed-use community activity
center with employment, entertainment, regional shopping, and single-family and multi-family
residences. The regulations and standards shall apply to the Silverbell Gateway Specific Plan.
Land use designations (planning areas) within the Specific Plan shall be as follows:
Development Area A
Development Area B
Development Area C
Development Area D
The development regulations will govern and provide regulatory zoning provisions for the land
use density, intensities, and location criteria within the Silverbell Gateway Specific Plan. This
section includes standards related to base land use, property use, building setbacks, building
heights and lot coverage. The intent of these standards is to establish clear minimum
development standards, allow for the orderly progression of development, and to provide
flexibility over time without compromising the goals and objectives for this specific plan.
B. General Provisions
1.
Applicable Codes
If an issue, situation, or condition arises that is not addressed by this Specific Plan, the
applicable portions of the Town of Marana Land Development Code that are in place at
the time of development shall apply.
All construction and development within the Specific Plan area shall comply with
applicable provisions of various codes and regulations adopted by the Town of Marana
including, but not limited to, the building code, mechanical codes, electrical codes,
plumbing codes, fire codes, and grading and excavation codes current at the time of
development.
2.
Additional Uses
Whenever a use has not been specifically listed as being a permitted use in the
particular zone classification within the Specific Plan, it shall be the duty of the Town
Planning Director to determine if said use is consistent with the intent of the designation
and compatible with other listed permitted uses.
3.
Temporary Uses
Temporary uses conducted in connection with the development of the property shall be
permitted.
Such uses may include, but are not limited to:
Construction/storage yards
Temporary construction offices and trailers
Fencing
Construction roads
Temporary model homes or temporary model home complex with parking
Temporary sales office
Seasonal retail sales
Signage
4.
Mix of Uses
The following shall be applied to the overall site:
Permitted uses are encouraged to be mixed both horizontally and vertically,
subject to applicable building safety codes and regulation;
Multi-story mixed-use buildings shall not exceed 50 percent of residential use on
the ground floor;
The ground-floor of multi-story mixed-use buildings shall be built to commercial
specifications to allow any residential use to be converted to commercial without
significant modifications to the building; and
For non-residential development fronting onto Ina and Silverbell Roads, the
project shall strive for a minimum of 10 percent non-retail employment generating
uses including but not limited to office, institutional and other employment
generating uses.
C. Development Standards
1.
Development Area A
a. Permitted Uses:
RESIDENTIAL USE GROUP:
Assisted living centers/ nursing home/ adult daycare/ continuing care facility
R
Churches, temples, and other places for religious services, subject to:
R
The minimum building setback is 50 feet unless adjacent to a non-
residential use, in which case, no setback is required.
A minimum site area of 2 acres is required.
Live/work units
R
No more than 25 percent of the total building square footage on the lot
may be devoted to the work unit.
One additional motor vehicle space is required per Live/Work unit in
addition to the residential requirement. Live/Work units shall be subject
to non-residential development standards.
Multi-family residential
R
Single-family residential (attached and detached)
R
Note: lots for single-family residential detached housing in Development
Area B shall not exceed 3,500 square feet.
COMMERCIAL USE GROUP:
Artist studios
R
Banks and financial institutions, including drive-through and outdoor teller
R
facilities
Limited to a maximum of three (3) drive-through service lanes, with one
(1) restricted drive through automated teller machine (ATM) service only.
Corporate and regional headquarter facilities and offices
R
Day care centers, subject to:
R
The minimum lot size required for a child care center is 14,000 square
feet. There is no minimum for adult day care.
The minimum setback for child care is 25 feet (applies to all subject
property lines). There is no setback required for adult day care.
Educational facilities (private or public) including schools of business, language,
R
music, dance, and art (may require reasonable soundproofing) as well as
elementary and secondary schools, subject to:
A minimum lot size of 5 acres.
The minimum setback shall be 25 feet unless adjacent to non-residential
uses. No setback is required adjacent to another non-residential use.
The use of loudspeakers, amplifiers or similar equipment is not permitted
on the school site if located within 100 feet of a residential use.
Hotel, motels and lodging facilities
R
The minimum setback shall be 25 feet unless adjacent to non-residential
uses, in which case, no setback is required.
Medical, professional and general business offices
R
Movie, television and radio studios/stations
R
Park and ride lots
R
Parking structures
R
Plant nurseries, greenhouses and home and garden supplies
R
Public service facilities (government, civic, utility)
R
Commercial Retail
Apparel, furniture and appliance stores
R
Art gallery
R
Automotive supplies/ service stations, auto dealers and car wash
R
Bicycle shops
R
Clinics: medical and dental
R
Convenience Stores
R
Must be part of a fuel dispensing facility
Department stores
R
Drug stores
R
Florist shops
R
Food and beverage kiosks/coffee shops
R
Food stores, including delicatessens, candy stores, and dairy product sales
R
Fuel dispensing facilities
R
Furniture stores
R
General merchandise sales
R
Hardware stores
R
Home improvement centers
R
Office equipment sales and service
R
Package liquor stores
R
Pet and pet supply stores
R
Regional shopping malls
R
Restaurants, cafes including carry-out establishments, drive-through facilities,
R
and other similar uses
Seasonal outdoor sales
R
Activities may be conducted outdoors if developed adjacent to non-
residential uses.
Showroom catalog stores
R
Stationery stores
R
Super drug stores (over 10,000 square feet)
R
Supermarkets and grocery stores
R
Theaters, not including drive-ins
R
Variety stores
R
Vehicle rentals
R
Warehouse outlets
R
Personal Services
Barber and beauty shops
R
Blueprinting and photocopying
R
Business research office related to the administration and operation of a
R
permitted light industrial use
Carpet and rug cleaning
R
Clothes cleaning, pressing, and tailoring shops
R
Clubs, health, fitness, sporting, lodge, fraternal organization and similar uses
R
Day spas
R
Financial accounting, auditing, bookkeeping, tax consultation, etc.
R
Laundromats
R
Massage therapy establishments
R
Newspaper publishing
R
Printing, lithographing, publishing
R
Repair shops for appliances, bicycles, shoes, etc.
R
LIGHT INDUSTRIAL USE GROUP:
Blacksmith shop
R
Carpentry, upholstery & furniture repair
R
Light industrial (manufacturing/ technical/ assembly), subject to:
R
All manufacturing activities shall be located entirely within a building or on
the lot, which is enclosed on all sides by a solid wall or fence a minimum
of 6 feet in height.
No outdoor storage areas shall be stacked or stored to exceed the height
of the screen wall within 50 feet of a residential use.
Outdoor display of finished products is permitted in an area limited to
10,000 square feet.
Wireless communication facilities
R
As stated in Title 23 of the Land Development Code, a wireless
communication facility is a permitted use, and shall not require a
conditional use permit in any zoning district, provided that all the
requirements in Title 23.04.01 are complied with in their entirety.
Wholesaling and warehousing
R
The minimum building setback is 50 feet unless adjacent to non-
residential uses, in which case, no setback is required.
RECREATIONAL AND CULTURAL USE GROUP:
Commercial recreation and athletic facilities
R
Conference and convention centers
R
Cultural and education services
R
Health fitness centers and dance studios
R
Indoor recreation
R
Museum
R
Parks and outdoor recreation facilities
R
Other recreational type uses and facilities
R
Such other comparable uses as determined by the Planning Administrator
R
b. Accessory Uses-
the following accessory uses shall be permitted in conjunction with
all permitted residential uses; accessory uses not listed below, but contained in the
residential zoning designations in Title 5 of the Land Development Code are also
allowed:
Community center
R
Community identification elements (gateway and community monumentation
R
signage that conveys information about a region, community or local entity)
Detached accessory structures, such as tool sheds, patios and cabanas,
R
noncommercial hobby shops, children's playhouses, etc.
Detached garages
R
Garage, carport or enclosed storage
R
Home occupations, with an approved Home Occupation Permit
R
Recreation buildings which are part of a multi-family development
R
Sports courts
R
Spas and related structures
R
Workshops and studios
R
c. Conditional Uses:
Feed store
R
Foster and group homes
R
Research and development
R
Self-storage (limit of one), subject to:
R
All storage shall be within enclosed buildings.
All walls or doors visible from adjacent streets and residential properties
shall be surfaced with a non-reflective material.
or street frontage shall be earth tone in color and of masonry, stucco or
similar materials.
Maximum site area: 3 acres
Maximum individual unit size: 300 square feet of floor area.
Veterinary clinic
R
d. Prohibited Uses:
Contractor's yard
R
Heavy equipment sales or lease
R
Heavy industrial uses
R
The following manufacturing uses:
R
Abrasives
Carbon black and lamp plant
Chemical plant
Soaps and by-products using animal fat
Fertilizers of all types
Glue and sizing manufacturing plant
Graphite manufacturing plant
Gypsum and other forms of plaster base manufacturing
Flammable Insulation manufacturing
Metals extraction and smelting
Paraffin manufacturing
Petroleum and petroleum products
Tannery
Turpentine manufacturing
Wax and wax products
Other similar uses as determined by the Planning Administrator
The following processing uses:
R
Animal by-products processing
Auto salvage yards
Dog and cat food processing
Fertilizers of all types
Rubber reclaiming or processing
Tar or asphalt roofing processing
Other similar uses as determined by the Planning Administrator
2.
Development Area B
a. Permitted Uses:
RESIDENTIAL USE GROUP:
Assisted living centers/ nursing home/ adult daycare/ continuing care facility
R
Churches, temples, and other places for religious services, subject to:
R
The minimum building setback is 50 feet unless adjacent to a non-
residential use, in which case, no setback is required.
A minimum site area of 2 acres is required.
Live/work units
R
No more than 25 percent of the total building square footage on the lot
may be devoted to the work unit.
One additional motor vehicle space is required per Live/Work unit in
addition to the residential requirement. Live/Work units shall be subject
to non-residential development standards.
Multi-family residential
R
Single-family residential (attached and detached)
R
Note: lots for single-family residential detached housing in Development
Area B shall not exceed 3,500 square feet.
COMMERCIAL USE GROUP:
Artist studios
R
Banks and financial institutions, including drive-through and outdoor teller
R
facilities
Limited to a maximum of three (3) drive-through service lanes, with one
(1) restricted drive through automated teller machine (ATM) service only.
Corporate and regional headquarter facilities and offices
R
Day care centers, subject to:
R
The minimum lot size required for a child care center is 14,000 square
feet. There is no minimum for adult day care.
The minimum setback for child care is 25 feet (applies to all subject
property lines). There is no setback required for adult day care.
Educational facilities (private or public) including schools of business, language,
R
music, dance, and art (may require reasonable soundproofing) as well as
elementary and secondary schools, subject to:
A minimum lot size of 5 acres.
The minimum setback shall be 25 feet unless adjacent to non-residential
uses. No setback is required adjacent to another non-residential use.
The use of loudspeakers, amplifiers or similar equipment is not permitted
on the school site if located within 100 feet of a residential use.
Hotel, motels and lodging facilities
R
The minimum setback shall be 25 feet unless adjacent to non-residential
uses, in which case, no setback is required.
Medical, professional and general business offices
R
Movie, television and radio studios/stations
R
Park and ride lots
R
Parking structures
R
Plant nurseries, greenhouses and home and garden supplies
R
Public service facilities (government, civic, utility)
R
Commercial Retail
Apparel, furniture and appliance stores
R
Art gallery
R
Automotive supplies/ service stations, auto dealers and car wash
R
Bicycle shops
R
Clinics: medical and dental
R
Convenience Stores
R
Must be part of a fuel dispensing facility
Department stores
R
Drug stores
R
Florist shops
R
Food and beverage kiosks/coffee shops
R
Food stores, including delicatessens, candy stores, and dairy product sales
R
Fuel dispensing facilities
R
Furniture stores
R
General merchandise sales
R
Hardware stores
R
Home improvement centers
R
Office equipment sales and service
R
Package liquor stores
R
Pet and pet supply stores
R
Regional shopping malls
R
Restaurants, cafes including carry-out establishments, drive-through facilities,
R
and other similar uses
R
Activities may be conducted outdoors if developed adjacent to non-
residential uses.
Showroom catalog stores
R
Stationery stores
R
Super drug stores (over 10,000 square feet)
R
Supermarkets and grocery stores
R
Theaters, not including drive-ins
R
Variety stores
R
Vehicle rentals
R
Warehouse outlets
R
Personal Services
Barber and beauty shops
R
Blueprinting and photocopying
R
Business research office related to the administration and operation of a
R
permitted light industrial use
Carpet and rug cleaning
R
Clothes cleaning, pressing, and tailoring shops
R
Clubs, health, fitness, sporting, lodge, fraternal organization and similar uses
R
Day spas
R
Financial accounting, auditing, bookkeeping, tax consultation, etc.
R
Laundromats
R
Massage therapy establishments
R
Newspaper publishing
R
Printing, lithographing, publishing
R
Repair shops for appliances, bicycles, shoes, etc.
R
LIGHT INDUSTRIAL USE GROUP:
Blacksmith shop
R
Carpentry, upholstery & furniture repair
R
Light industrial (manufacturing/ technical/ assembly), subject to:
R
All manufacturing activities shall be located entirely within a building or on
the lot, which is enclosed on all sides by a solid wall or fence a minimum
of 6 feet in height.
No outdoor storage areas shall be stacked or stored to exceed the height
of the screen wall within 50 feet of a residential use.
Outdoor display of finished products is permitted in an area limited to
10,000 square feet.
Wireless communication facilities
R
As stated in Title 23 of the Land Development Code, a wireless
communication facility is a permitted use, and shall not require a
conditional use permit in any zoning district, provided that all the
requirements in Title 23.04.01 are complied with in their entirety.
Wholesaling and warehousing
R
The minimum building setback is 50 feet unless adjacent to non-
residential uses, in which case, no setback is required.
RECREATIONAL AND CULTURAL USE GROUP:
Commercial recreation and athletic facilities
R
Conference and convention centers
R
Cultural and education services
R
Health fitness centers and dance studios
R
Indoor recreation
R
Museum
R
Parks and outdoor recreation facilities
R
Other recreational type uses and facilities
R
Such other comparable uses as determined by the Planning Administrator
R
b. Accessory Uses-
the following accessory uses shall be permitted in conjunction with all
permitted residential uses; accessory uses not listed below, but contained in the residential
zoning designations in Title 5 of the Land Development Code are also allowed:
Community center
R
Community identification elements (gateway and community monumentation
R
signage that conveys information about a region, community or local entity)
Detached accessory structures, such as tool sheds, patios and cabanas,
R
noncommercial hobby shops, children's playhouses, etc.
Detached garages
R
Garage, carport or enclosed storage
R
Home occupations, with an approved Home Occupation Permit
R
Recreation buildings which are part of a multi-family development
R
Sports courts
R
Spas and related structures
R
Workshops and studios
R
c. Conditional Uses:
Feed store
R
Foster and group homes
R
Research and development
R
Self-storage (limit of one), subject to:
R
All storage shall be within enclosed buildings.
All walls or doors visible from adjacent streets and residential properties
shall be surfaced with a non-reflective material.
or street frontage shall be earth tone in color and of masonry, stucco or
similar materials.
Maximum site area: 3 acres
Maximum individual unit size: 300 square feet of floor area.
Veterinary clinic
R
R
conditional use permit.
d. Prohibited Uses:
Contractor's yard
R
Heavy equipment sales or lease
R
Heavy industrial uses
R
The following manufacturing uses:
R
Abrasives
Carbon black and lamp plant
Chemical plant
Soaps and by-products using animal fat
Fertilizers of all types
Glue and sizing manufacturing plant
Graphite manufacturing plant
Gypsum and other forms of plaster base manufacturing
Flammable Insulation manufacturing
Metals extraction and smelting
Paraffin manufacturing
Petroleum and petroleum products
Tannery
Turpentine manufacturing
Wax and wax products
Other similar uses as determined by the Planning Administrator
The following processing uses:
R
Animal by-products processing
Auto salvage yards
Dog and cat food processing
Fertilizers of all types
Rubber reclaiming or processing
Tar or asphalt roofing processing
Other similar uses as determined by the Planning Administrator
3.
Development Area C
a. Permitted Uses:
RESIDENTIAL USE GROUP:
Assisted living centers/ nursing home/ adult daycare/ continuing care facility
R
Churches, temples, and other places for religious services, subject to:
R
The minimum building setback is 50 feet unless adjacent to a non-
residential use, in which case, no setback is required.
A minimum site area of 2 acres is required.
Live/work units
R
No more than 25 percent of the total building square footage on the lot
may be devoted to the work unit.
One additional motor vehicle space is required per Live/Work unit in
addition to the residential requirement. Live/Work units shall be subject
to non-residential development standards.
Multi-family residential
R
Single-family residential (attached and detached)
R
Note: lots for single-family residential detached housing in Development
Area B shall not exceed 3,500 square feet.
COMMERCIAL USE GROUP:
Artist studios
R
Banks and financial institutions, including drive-through and outdoor teller
R
facilities
Limited to a maximum of three (3) drive-through service lanes, with one
(1) restricted drive through automated teller machine (ATM) service only.
Corporate and regional headquarter facilities and offices
R
Day care centers, subject to:
R
The minimum lot size required for a child care center is 14,000 square
feet. There is no minimum for adult day care.
The minimum setback for child care is 25 feet (applies to all subject
property lines). There is no setback required for adult day care.
Educational facilities (private or public) including schools of business, language,
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music, dance, and art (may require reasonable soundproofing) as well as
elementary and secondary schools, subject to:
A minimum lot size of 5 acres.
The minimum setback shall be 25 feet unless adjacent to non-residential
uses. No setback is required adjacent to another non-residential use.
The use of loudspeakers, amplifiers or similar equipment is not permitted
on the school site if located within 100 feet of a residential use.
Hotel, motels and lodging facilities
R
The minimum setback shall be 25 feet unless adjacent to non-residential
uses, in which case, no setback is required.
Medical, professional and general business offices
R
Movie, television and radio studios/stations
R
Park and ride lots
R
Parking structures
R
Plant nurseries, greenhouses and home and garden supplies
R
Public service facilities (government, civic, utility)
R
Commercial Retail
Apparel, furniture and appliance stores
R
Art gallery
R
Automotive supplies/ service stations, auto dealers and car wash
R
Bicycle shops
R
Clinics: medical and dental
R
Convenience Stores
R
Must be part of a fuel dispensing facility
Department stores
R
Drug stores
R
Florist shops
R
Food and beverage kiosks/coffee shops
R
Food stores, including delicatessens, candy stores, and dairy product sales
R
Fuel dispensing facilities
R
Furniture stores
R
General merchandise sales
R
Hardware stores
R
Home improvement centers
R
Office equipment sales and service
R
Package liquor stores
R
Pet and pet supply stores
R
Regional shopping malls
R
Restaurants, cafes including carry-out establishments, drive-through facilities,
R
and other similar uses
R
Activities may be conducted outdoors if developed adjacent to non-
residential uses.
Showroom catalog stores
R
Stationery stores
R
Super drug stores (over 10,000 square feet)
R
Supermarkets and grocery stores
R
Theaters, not including drive-ins
R
Variety stores
R
Vehicle rentals
R
Warehouse outlets
R
Personal Services
Barber and beauty shops
R
Blueprinting and photocopying
R
Business research office related to the administration and operation of a
R
permitted light industrial use
Carpet and rug cleaning
R
Clothes cleaning, pressing, and tailoring shops
R
Clubs, health, fitness, sporting, lodge, fraternal organization and similar uses
R
Day spas
R
Financial accounting, auditing, bookkeeping, tax consultation, etc.
R
Laundromats
R
Massage therapy establishments
R
Newspaper publishing
R
Printing, lithographing, publishing
R
Repair shops for appliances, bicycles, shoes, etc.
R
LIGHT INDUSTRIAL USE GROUP:
Blacksmith shop
R
Carpentry, upholstery & furniture repair
R
Light industrial (manufacturing/ technical/ assembly), subject to:
R
All manufacturing activities shall be located entirely within a building or on
the lot, which is enclosed on all sides by a solid wall or fence a minimum
of 6 feet in height.
No outdoor storage areas shall be stacked or stored to exceed the height
of the screen wall within 50 feet of a residential use.
Outdoor display of finished products is permitted in an area limited to
10,000 square feet.
Wireless communication facilities
R
As stated in Title 23 of the Land Development Code, a wireless
communication facility is a permitted use, and shall not require a
conditional use permit in any zoning district, provided that all the
requirements in Title 23.04.01 are complied with in their entirety.
Wholesaling and warehousing
R
The minimum building setback is 50 feet unless adjacent to non-
residential uses, in which case, no setback is required.
RECREATIONAL AND CULTURAL USE GROUP:
Commercial recreation and athletic facilities
R
Conference and convention centers
R
Cultural and education services
R
Health fitness centers and dance studios
R
Indoor recreation
R
Museum
R
Parks and outdoor recreation facilities
R
Other recreational type uses and facilities
R
Such other comparable uses as determined by the Planning Administrator
R
b. Accessory Uses-
the following accessory uses shall be permitted in conjunction with all
permitted residential uses; accessory uses not listed below, but contained in the residential
zoning designations in Title 5 of the Land Development Code are also allowed:
Community center
R
Community identification elements (gateway and community monumentation
R
signage that conveys information about a region, community or local entity)
Detached accessory structures, such as tool sheds, patios and cabanas,
R
noncommercial hobby shops, children's playhouses, etc.
Detached garages
R
Garage, carport or enclosed storage
R
Home occupations, with an approved Home Occupation Permit
R
Recreation buildings which are part of a multi-family development
R
Sports courts
R
Spas and related structures
R
Workshops and studios
R
c. Conditional Uses:
Feed store
R
Foster and group homes
R
Research and development
R
Self-storage (limit of one), subject to:
R
All storage shall be within enclosed buildings.
All walls or doors visible from adjacent streets and residential properties
shall be surfaced with a non-reflective material.
de visible from adjoining residential properties
or street frontage shall be earth tone in color and of masonry, stucco or
similar materials.
Maximum site area: 3 acres
Maximum individual unit size: 300 square feet of floor area.
Veterinary clinic
R
The r
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conditional use permit.
d. Prohibited Uses:
Contractor's yard
R
Heavy equipment sales or lease
R
Heavy industrial uses
R
The following manufacturing uses:
R
Abrasives
Carbon black and lamp plant
Chemical plant
Soaps and by-products using animal fat
Fertilizers of all types
Glue and sizing manufacturing plant
Graphite manufacturing plant
Gypsum and other forms of plaster base manufacturing
Flammable Insulation manufacturing
Metals extraction and smelting
Paraffin manufacturing
Petroleum and petroleum products
Tannery
Turpentine manufacturing
Wax and wax products
Other similar uses as determined by the Planning Administrator
The following processing uses:
R
Animal by-products processing
Auto salvage yards
Dog and cat food processing
Fertilizers of all types
Rubber reclaiming or processing
Tar or asphalt roofing processing
Other similar uses as determined by the Planning Administrator
4.
Development Area D
a. Permitted Uses:
RESIDENTIAL USE GROUP:
Assisted living centers/ nursing home/ adult daycare/ continuing care facility
R
Churches, temples, and other places for religious services, subject to:
R
The minimum building setback is 50 feet unless adjacent to a non-
residential use, in which case, no setback is required.
A minimum site area of 2 acres is required.
Live/work units
R
No more than 25 percent of the total building square footage on the lot
may be devoted to the work unit.
One additional motor vehicle space is required per Live/Work unit in
addition to the residential requirement. Live/Work units shall be subject
to non-residential development standards.
Multi-family residential
R
Single-family residential (attached and detached)
R
COMMERCIAL USE GROUP:
Artist studios
R
Banks and financial institutions, including drive-through and outdoor teller
R
facilities
Limited to a maximum of three (3) drive-through service lanes, with one
(1) restricted drive through automated teller machine (ATM) service only.
Corporate and regional headquarter facilities and offices
R
Day care centers, subject to:
R
The minimum lot size required for a child care center is 14,000 square
feet. There is no minimum for adult day care.
The minimum setback for child care is 25 feet (applies to all subject
property lines). There is no setback required for adult day care.
Educational facilities (private or public) including schools of business, language,
R
music, dance, and art (may require reasonable soundproofing) as well as
elementary and secondary schools, subject to:
A minimum lot size of 5 acres.
The minimum setback shall be 25 feet unless adjacent to non-residential
uses. No setback is required adjacent to another non-residential use.
The use of loudspeakers, amplifiers or similar equipment is not permitted
on the school site if located within 100 feet of a residential use.
Hotel, motels and lodging facilities
R
The minimum setback shall be 25 feet unless adjacent to non-residential
uses, in which case, no setback is required.
Medical, professional and general business offices
R
Movie, television and radio studios/stations
R
Park and ride lots
R
Parking structures
R
Plant nurseries, greenhouses and home and garden supplies
R
Public service facilities (government, civic, utility)
R
Commercial Retail
Apparel, furniture and appliance stores
R
Art gallery
R
Automotive supplies/ service stations, auto dealers and car wash
R
Bicycle shops
R
Clinics: medical and dental
R
Department stores
R
Drug stores
R
Florist shops
R
Food and beverage kiosks/coffee shops
R
Food stores, including delicatessens, candy stores, and dairy product sales
R
Furniture stores
R
General merchandise sales
R
Hardware stores
R
Home improvement centers
R
Office equipment sales and service
R
Package liquor stores
R
Pet and pet supply stores
R
Regional shopping malls
R
Restaurants, cafes including carry-out establishments, drive-through facilities,
R
and other similar uses
R
Activities may be conducted outdoors if developed adjacent to non-
residential uses.
Showroom catalog stores
R
Stationery stores
R
Super drug stores (over 10,000 square feet)
R
Supermarkets and grocery stores
R
Theaters, not including drive-ins
R
Variety stores
R
Vehicle rentals
R
Warehouse outlets
R
Personal Services
Barber and beauty shops
R
Blueprinting and photocopying
R
Business research office related to the administration and operation of a
R
permitted light industrial use
Carpet and rug cleaning
R
Clothes cleaning, pressing, and tailoring shops
R
Clubs, health, fitness, sporting, lodge, fraternal organization and similar uses
R
Day spas
R
Financial accounting, auditing, bookkeeping, tax consultation, etc.
R
Laundromats
R
Massage therapy establishments
R
Newspaper publishing
R
Printing, lithographing, publishing
R
Repair shops for appliances, bicycles, shoes, etc.
R
RECREATIONAL AND CULTURAL USE GROUP:
Commercial recreation and athletic facilities
R
Conference and convention centers
R
Cultural and education services
R
Health fitness centers and dance studios
R
Indoor recreation
R
Museum
R
Parks and outdoor recreation facilities
R
Other recreational type uses and facilities
R
Such other comparable uses as determined by the Planning Administrator
R
b. Accessory Uses-
the following accessory uses shall be permitted in conjunction with all
permitted residential uses; accessory uses not listed below, but contained in the residential
zoning designations in Title 5 of the Land Development Code are also allowed:
Community center
Community identification elements
Detached accessory structures, such as tool sheds, patios and cabanas,
noncommercial hobby shops, children's playhouses, etc.
Detached garages
Garage, carport or enclosed storage
Home occupations, with an approved Home Occupation Permit
Recreation buildings which are part of a multi-family development
Sports courts
Spas and related structures
Workshops and studios
c. Conditional Uses:
Feed store
R
Foster and group homes
R
Research and development
R
Self-storage (limit of one), subject to:
R
All storage shall be within enclosed buildings.
All walls or doors visible from adjacent streets and residential properties
shall be surfaced with a non-reflective material.
or street frontage shall be earth tone in color and of masonry, stucco or
similar materials.
Maximum site area: 3 acres
Maximum individual unit size: 300 square feet of floor area.
Veterinary clinic
R
d. Prohibited Uses:
Car Wash
Contractor's yard
Convenience Store
Heavy equipment sales or lease
Heavy Industrial Uses
Light Industrial
Manufacturing
Regional shopping malls
The following processing uses:
Animal by-products processing
R
Auto salvage yards
R
Carpet and rug cleaning
R
Cleaning and dyeing
R
Dog and cat food processing
R
Fertilizers of all types
R
Laundry
R
Rubber reclaiming or processing
R
Tar or asphalt roofing processing
R
Other similar uses as determined by the Planning Administrator
R
Note: These residential and commercial uses will need to comply with the design guidelines
from the Town of Marana Land Development Code.
For purposes of perimeter setbacks, the land uses allowed within Silverbell Gateway are
listed below within generalized categories in order of most to least intense.
Light Industrial
R
Retail/ Commercial/ Office
R
Multi-Family Residential
R
Single-Family Residential Attached
R
Single-Family Residential Detached
R
6.
Landscape Buffering and Screening Standards
Land use transitions are required to ensure that the surrounding land uses and permitted
residential uses adjacent to permitted non-residential uses are buffered appropriately
throughout the development. The proposal is to enhance landscaping and screening walls
between these uses. The following is a list of general guidelines for land use transitions.
Where a parcel abuts developed open space, there shall be no bufferyard requirements.
Where a parcel abuts a public street, the minimum landscape buffer shall be 10-feet wide
with a minimum 5-foot high decorative masonry wall except for attached residential.
Commercial and employment uses along Ina and Silverbell Road as well as internal project
roads shall not be required to provide a wall. All or part of the buffer may be within the right-
of-way subject to Silverbell Gateway Design Review Committee (SGDRC) approval.
Bufferyards may be used for passive recreation, and may include recreational trail, seating
and public art. All buffer requirements, including required plants and screening shall be
met.
Refuse areas and loading areas shall be screened from adjoining properties and public
right-of-way in accordance with Town of Marana Land Development Code standards or as
otherwise specified within this Specific Plan.
The perimeter of all commercial parking lots shall be screened in accordance with the
Commercial Design Standards of the Town of Marana Land development Code.
7.
General Landscape Program
A landscape-planting theme will be established, creating a community framework for all
common and public areas. The intent of this landscape theme is to provide high-quality
landscape criteria for building sites, rights-of-way and open space within the development.
The purpose of the landscaping is to soften and blend features between sites to create visual
corridors and connections to the project. Required landscaping quantities will be in
accordance with Title 17 of the Land Development Code. Impacts shall be mitigated using
these standards to ensure that:
Landscaping shall be integrated with building design in internal areas of the site.
Consideration shall be given to plant materials, types, growth rates, canopy size and
required maintenance in relationship to building location, operation, site lines and site
utilities;
A variety of plant materials shall be incorporated, including native, low water use vegetation;
The use of climbing plant materials along walkways and on trellises and pergolas is
encouraged;
All walls and fences shall be painted, stained, or contain integral color. Uncolored gray
block walls will not be permitted;
A minimum tree size of 15 gallons shall be required for all trees.
Trees that produce large canopies and provide shade are especially encouraged in parking
zones;
All planter areas within parking lots shall be provided with trees at the rate of not less than
one tree per eight parking stalls;
All landscape areas shall be irrigated using an underground drip irrigation system. Use of
turf is prohibited except within park areas. Water should be from a non-potable water
source where possible;
All irrigation shall be designed and maintained to be as efficient as possible. This shall be
implemented with the following:
Drip irrigation for trees, shrub beds and areas of ground cover to eliminate
R
evaporation losses;
Efficient sprinkler irrigation that may employ low volume heads and a high irrigation
R
efficiency rating;
Trees within landscape areas should be sited and spaced to avoid conflicts with overhead
light fixtures;
Landscape plans shall be coordinated with above- and below-ground utilities to avoid
conflicts at the time of installation;
New landscaping shall be listed by the Arizona Department of Water Resources/Town of
Marana approved plant list and/or low-water use once established; and
the Town of Marana.
8.
Parking Regulations
Unless contained herein, the Town of Marana Land Development Code parking standards
shall govern except for the following:
Parking shall be shared when multi-use development occurs on a single site. For each
separate use or business or ground floor commercial use in a vertical mixed-use building,
a percent reduction defined in a traffic study and added to a parking covenant is allowed.
Parking shall be shared on two separate properties provided that no shared parking space
is greater than 1,200 feet from the entrance of either use and that legal and physical access
is provided.
Along the Ina and Silverbell Road frontages, no more than 40% of the required parking may
be located along the front and sides of the proposed building(s).
Individual Parking Reduction Plan (IPRP): The Planning Director may approve a
modification to the number of required motor vehicle parking spaces on new and existing
sites through an IPRP.
Applicability
R
The provisions of the IPRP apply to:
Proposed development and redevelopment of a site;
Changes of use in existing development; and,
Any expansion of an existing use or any addition of a change of use to an
existing development.
Permitted Uses and Types of Development
R
A proposal must include one or more of the following uses or types of development:
Combined residential and non-residential development in a single structure
or unified development;
Projects within 1,320 feet (1/4 mile) of a transit stop or public parking facility;
Religious uses where the parking plan will accommodate weekend and
evening use;
Residential care services or housing developments for the elderly or
individuals with physical disabilities;
A project that can accommodate shared parking arrangements for uses with
alternate hours of operation and peak-use times.
The parking area of any existing development may continue to be used in its
current configuration except where a public safety hazard exists, may be
created or adjustments in parking space dimensions are required.
Exception. Restaurants and bars (Food Service and Alcoholic Beverage
Service uses) are not eligible to request an IPRP unless the restaurant or bar
is within a multiple or mixed-use development and the applicant provides
evidence that motor vehicle parking is provided at one space per 100 square
feet gross floor area and outdoor seating area for restaurants and one space
per 50 square feet gross floor area for bars during peak use times.
Individual Parking Reduction Plan Requirements
R
An IPRP must include the following information:
Preparation by a traffic engineer or similar transportation professional;
Number of required and proposed parking spaces. Indicate the data source
(i.e. traffic study, parking plan, ITE trip generation manual, Land Development
Code, etc.) used in establishing the number of proposed parking spaces;
Location of parking spaces, including accessible parking spaces;
Existing and proposed site conditions and uses, including any available on-
street parking;
Site access and traffic circulation patterns;
Location and distance from the project site to existing residential
neighborhoods;
Availability, location, and distance to alternate modes of transportation;
Hours of operation and peak use time(s) of each use;
Evidence that all required parking for the proposed uses will either be on-site
or at an approved off-site parking location;
Existing and proposed shared parking agreements, when applicable. The
shared parking agreement must be prepared in a manner acceptable to the
Planning Director;
For projects within 300 feet of a residential or more restrictive zone, the IPRP
project must address how the proposal will not cause a safety hazard, noise,
or parking impacts on an adjacent existing neighborhood. The IPRP shall
include the following:
1) Methods to avoid potential increases in noise and light intrusion;
2) Methods to deter vehicular access into adjacent residential
neighborhoods using signage or other means; and
3) Methods to prevent drive-through traffic or habitual parking within
adjacent residential neighborhoods or commercial development.
Any other information deemed appropriate by the Planning Director including
a traffic study.
Findings for Approval
R
The Planning Director may approve an IPRP if all of the following criteria are met
in the IPRP and documented in findings:
The zone permits the proposed use(s);
All parking is provided on-site or at an off-site location in accordance with the
dimensional standards contained in the Town of Marana Land Development
Code, Title 22 Off-Street Parking and Loading requirements;
For multiple or mixed use projects, the site can accommodate shared parking
arrangements for uses with alternate hours of operation or peak use times;
Site access and traffic circulation are not obstructed;
Building Code have not been reduced or eliminated;
Vehicular access, drive-through traffic, and habitual parking in adjacent
commercial development and residential neighborhoods is deterred;
Light intrusion onto an adjoining residential use or zone is not created.
Outdoor lighting shall comply with the Town of Marana Outdoor Lighting
Code;
Proposed outdoor seating areas are 100 feet or more from residentially-
zoned properties unless separated by a building. Combined residential and
non-residential development in a single structure or unified development is
exempt from this finding; and,
Outdoor loudspeakers or music (live or recorded) are 600 feet or more from
residentially zoned properties.
Review and Approval Procedures
R
An IPRP for projects within 300 feet of a residential or more restrictive zone
is reviewed in accordance with the Planning Director Approval Procedure.
An IPRP for projects more than 300 feet from residential or more restrictive
Amendments
R
A revised IPRP is required when one or more of the following occurs:
A change of use to a more parking intensive use or different hours of
operation or peak use times than the use shown on the last approved IPRP;
An expansion of a building; or,
An expansion of a use that is more parking intensive than the use it is partially
or entirely replacing.
The parking or the mitigation methods as set forth in the existing IPRP no
longer comply with one or more of the required findings for approval as
provided in the section above.
Handicap Parking spaces shall be in conformance with the Americans with Disabilities Act
(ADA), the Building Code, ICC/ANSI & ADAAG both in dimension and in quality for specific
uses.
On-street parking shall be counted towards parking requirements.
Mixed use parking: For multi-story residential and non-residential uses, parking shall be
provided at a rate of 1 space per 1-bedroom apartment, 2 spaces per unit for each 2
bedroom apartment or larger with no less than one space per unit being provided. In
addition, 1 guest space per three units shall be provided. Parking may be provided off-site
or by a shared parking agreement.
Residential Parking
Residential parking Standards shall be in accordance with the standards delineated in the
Town of Marana Land Development Code.
Visitor parking: On-street parking may be counted toward the visitor parking requirements
Non-Residential Parking
Non-Residential parking Standards shall be in accordance with the standards delineated in
the Town of Marana Land Development Code.
9.
Street Standards
The Silverbell Gateway Specific Plan will consist of a planned road network to improve the
circulation in the area. The main off-site roadways are Ina and Silverbell Roads. Access to
these major roadways will be determined by the eventual siting of land uses, future
construction of the I-10/Ina Road traffic interchange and the planned roadway improvements
to Ina Road.
All roadways shall be in compliance with the Town of Marana Subdivision Street Standards.
Additionally, all landscaped areas within the shall be
maintained by the HOA and regulated by CC&Rs approved by the Town of Marana.
D. Design Guidelines
1.
Purpose and Intent
Each Planning Area is to provide for a mix of uses that foster retail service, employment
and high-density residential housing for the Town of Marana. The intent of these design
guidelines is to ensure compatibility between uses and the proposed development
standards for commercial and residential development. These guidelines will be
applied to both planning areas where appropriate, and in some cases, the guidelines
will require review by the Silverbell Gateway Design Review Committee (SGDRC) and
surrounding land uses.
2.
Applicability
Commercial and residential design guidelines contained in this Specific Plan take
precedence over the General Development Regulations set forth within Title 8 of the
Town of Marana Land Development Code. Standards set forth within this Specific Plan
shall prevail in case of conflict between the Specific Plan and the Land Development
Code.
3.
Design Review Committee
The Master Developer will be responsible for establishing the Silverbell Gateway
Design Review Committee (SGDRC). This Committee will consist of a minimum of five
members responsible for review and approval of architectural styles, screen wall
design, entry features, landscape plans, utility design and construction, and signage
design. The committee will have approval authority on these matters until such time
that the property is entirely transferred from the Master Developer or is assigned to
Builders within the project.
4.
Single-Family Residential Detached Housing
The Town of Marana residential design standards, Title 8 of the Town of Marana Land
Development Code shall be applied to all detached single-family residential
development.
5.
Single-Family Residential Attached and Multi-Family Residential Guidelines
The following residential design standards for the single family attached and multi-
family buildings shall be applied to all residential development.
a. Site Planning:
Development should be planned to maintain view corridors from the interior of the
site as well as from Ina and Silverbell Roads to protect existing views and maximize
the feeling of open spaces. Design approaches include curving streets, road
orientation toward open areas, bulk reduction of the upper stories of buildings and
creation of view corridors.
Where feasible, utilize grading; curb cutting, and drainage techniques to maximize
water harvesting.
Building placement on adjoining parcels should be varied to create a more
interesting streetscape.
b. Architectural Design Guidelines:
comfortable and well-
detailed urban environment by establishing a broad variety of buildings, heights,
architectural form and detail. Scale, proportion, and massing should also establish
architectural patterns or features that relate to adjacent developments. Large
areas of undifferentiated or blank building facades or out-of-scale buildings should
be avoided. Varying proportions are encouraged. The building design and street
level architectural details should reinforce active streetscapes and be of visual
interest to pedestrians.
Building design shall incorporate textured surfaces, projections, recesses, shadow
lines, color, window patterns, overhangs, reveals, changes in parapet height to
avoid monolithic shapes and surfaces.
Each multi-family or attached dwelling unit shall incorporate a range of details and
massing conditions. The architecture shall include at least one of the following
elements:
Covered bay, box windows
R
Recessed windows at least two inches from the building wall
R
Recessed or projected balconies
R
Chimneys made of masonry or other contrasting material that project from
R
the wall plan
Distinct individualized entrances with functional porches or patios
R
Varied roof lines, wherein elements of the dwelling display different heights,
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or where roof design changes more than two planes or directions
A variety of colors, heights and setbacks are encouraged to avoid unarticulated
building facades.
For vertical mixed-use buildings, first floors should have a significant portion of the
facade area with windows that highlight visible activity within and outside the
building. All retail floor space, or space intended for future conversion to retail floor
space, provided on a ground floor of a mixed-use building should have a minimum
floor-to-ceiling height of 11 feet.
All rooftop mechanical equipment shall be screened by incorporating screening
into the structure and by utilizing materials compatible with the supporting building.
It shall be screened in a method, such as line of site sufficient enough to ensure
no adjacent properties are negatively affected by either their appearance or any
noise generated by this equipment.
Integration of fabric/canvas awnings, flat metal awnings, and trellises is
encouraged.
The maximum length of continuous, unbroken fence or wall plane shall be 100
feet. Walls shall be articulated using a combination of decorative columns,
diversity in texture and/or materials, offsets, or landscape pockets.
The use of chain link fencing or exposed cinder block walls is not permitted.
c. Materials:
The following section provides guidance on approved material types, colors, and
treatment.
The use of cast stone lintels, corbels, arches, stone detailing, entablatures, friezes,
columns and other such elements are encouraged. Other materials include:
Adobe brick or brick veneer
R
Smooth or Sand Finish Stucco
R
Stone veneers and faux stone products on building facades
R
Integrally colored and painted concrete masonry units (CMU's). Smooth and
R
split-face units of four, six, and eight inches tall.
Vision and spandrel glasses
R
Ornamental metal fencing
R
Standing seam metal roofing
R
Shade cloth screening
R
Cast stone concrete caps
R
Rusted steel accents
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6.
Commercial Design Guidelines
The commercial design guidelines shall be in conformance with Title 8 of the Land
Development Code, General Development Regulations. Additional commercial design
guidelines have been added to provide further design and development criteria for
Silverbell Gateway.
Live/work units and vertical mixed uses may be incorporated.
First floors of buildings should have a significant portion of the facade area with
windows that highlight visible activity within and outside the building. All retail floor
space, or space intended for future conversion to retail floor space, provided on a
ground floor of a mixed-use building should have a minimum floor-to-ceiling height
of 11 feet.
Energy conservation techniques should be considered during site planning.
Blank walls void of architectural details or other variation are prohibited. All facades
should have a varied design to avoid a monolithic appearance and break down the
building into smaller sections or a more pedestrian scale with each side or section
varying in its architectural features, type, material, and or color.
Frame major project entries with structures, enhanced landscaping, distinctive
entry features and/or public art.
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.
All public art should generally reflect the character, heritage and traditions found
in the southwest.
All potential public art improvements will be reviewed and approved by the
Silverbell Gateway Design Review Committee. Installation will be supervised by
the Silverbell Gateway Design Review Committee and there will be
correspondence with the Marana Arts Council.
7.
Monumentation and Signage
The Master Developer will work with the Planning Director regarding the dedication of
property at the northwest and northeast corners of the intersection of Ina and Silverbell
Roads as well as at a location at the southeast corner of the site for the installation of
gateway monumentation. The developer will be responsible for the design and
construction of any future gateway monument signage. Additionally, any entry
monumentation into Silverbell Gateway along either Ina or Silverbell Roads will be
coordinated with the Planning Director for compliance with all applicable signage
guidelines. In order to ensure installation of a safe and visually appealing signage
program with unifying elements, a comprehensive personal signage plan (PSP) will be
submitted at the time of Development Plan or Subdivision Plat review and shall be
subject to Town of Marana signage regulations.
8.
Lighting
All lighting shall adhere to the Town of Marana Outdoor Lighting Code.
9.
Drainageways Standards
Exhibit III.G.1:Post Development Hydrology, provided in the Land Use Proposal
section of this document, depicts the conceptual drainage design scheme for the
District. This exhibit identifies the location and preliminary alignment for the drainage
features to be constructed. Final design of the drainage features within this area will be
coordinated with the Town of Marana to ensure that both the existing drainage design
elements along Silverbell Road and those bordering the site to the north are compatible
with those in Silverbell Gateway. Typical cross-sections of the drainageways are
shown on Exhibit IV.D.9.
10.
Recreation, Bicycle and Pedestrian Circulation
As part of the platting and development plan review process, a proposed recreation,
bicycle and pedestrian plan will be submitted that describes the proposed trail
connections and any other recreational features to be provided as part of the Specific
Master Association shall determine the ultimate location of recreational, bicycle, and
pedestrian features.
a. Pedestrian and Bicycle Connections
Pedestrian access will be required throughout the development. All public rights-of-
way will be constructed to Town of Marana Street Standards, and where bicycle lanes
are required, all on-street bicycle lanes shall be built in conformance with Town
standards. In addition, the following will be incorporated into the Specific Plan:
A continuous network of on-site pedestrian walkways will be provided to allow for
direct access and connections to and between the following:
The primary entrance or entrances to each commercial building on the site;
R
Any sidewalks or walkways on adjacent properties that extend to the
R
boundaries shared with the commercial development;
Public sidewalks along the perimeter streets adjacent to the commercial
R
development;
Adjacent land uses and development, including, but not limited to, adjacent
R
residential developments and retail shopping centers; and
Shading along pedestrian paths will be provided.
R
At each point that a designated on-site pedestrian walkway crosses a parking lot,
street or driveway, the walkway will be clearly visible to pedestrians and motorists
through the use of one or more of the following delineation methods:
A change in paving material, paving height or paving color;
R
Decorative bollards;
R
A painted crosswalk;
R
Signage; or
R
A safely delineated median walkway buffered by landscaping.
R
b. Proposed Pathways and Trail Connections
An interconnected system of pathways throughout Silverbell Gateway will connect to The
Loop in multiple locations along the eastern boundary as well as to the Silverbell Road
Greenway, bike lanes and other paths in the area. The Loop provides an opportunity for
residents to engage in active recreation, leisure and commuting in addition to offering a
cool, shaded, respite from the Arizona sun.
Parks, Recreation, Trails and Open Space
Master Plan, the site will include a portion of the 5-mile Wild Horse Wash Trail (Pima
Co. Trail #028). This regional trail connection along with any other trails offered on-site
will be constructed as a 10-foot wide hard-surfaced path and may include 2-foot
shoulders on each side. The Wild Horse Wash Trail will be constructed parallel to the
Silverbell Road right-of-way for approximately 350-feet until it reaches the northwest
corner of the site and then follows the northern boundary to
along the Santa Cruz River.
Additional connections to The Loop shared-use path are encouraged every 1,000-feet
to one-quarter mile along the length of the eastern boundary as shown on Exhibit
IV.D.10: Proposed Bicycle and Pedestrian Circulation. The proposed connections to
The Loop are conceptual; final locations will be determined during the
platting/development process.
Pedestrian and multi-use paths will also be constructed within Silverbell Gateway to
provide a safe pedestrian network throughout the community and to neighboring areas.
The following multi-use trail standards shall apply:
Multi-use paths covered in natural substrate such as decomposed granite will be
constructed with 8- to 10-feet of right-of-way within a 20-foot common area.
Paved multi-use paths will be constructed with 12- to 15-feet of right-of-way within
a 20-foot common area.
All trails will be subject to review by the Town of Marana staff.
E.Definitions
A
accessory structure: a structure, or part of a structure, that is (1) incidental to and
customarily associated to the main structure on the site, and (2) located on the same
lot as the principal building.
Examples of an accessory structure to residential uses include, but are not limited to:
detached garages, porches, patios, swimming pools, cabanas, workshops and
studios.
architectural feature: an ornamentation or decorative feature attached to or protruding
from an exterior wall. Features include, but are not limited to windows (e.g. bay
windows), chimneys, columns, awnings, marquee, façade or fascia.
attached housing: a building containing 2 or more dwelling units.
B
banking and financial institutions: a financial institution that engages in deposit banking
and closely related functions such as making loans, investments, and fiduciary
activities. Drive-up windows and drive-thru automated teller machines
(ATM) are permitted as an accessory use.
blacksmith shop: a craft or artistic facility, not intended for industrial scale, where a
metalsmith creates gates, grills, railings, light fixtures, furniture, sculpture tools,
agricultural implements, decorative items, cooking utensils and other objects from
wrought iron or steel.
building height: The vertical dimension of a structure measured from a specified point
on the ground.The vertical distance of a building is measured from design grade
elevation, at any individual point within the building footprint, to the highest point of a
flat roof; to the deck line of a mansard roof; or to the middle (between the eave and
ridge) of the highest gable of a pitched or hipped roof.
C
carpentry, upholstery & furniture repair: an indoor facility, not intended for industrial
scale, that specializes in the restoration and repair of flooring, windows, doors,
cabinetry, furniture, etc. as well as furniture, automobile, boat and aircraft upholstery.
child care facilities: a commercial or non-profit facility that provides shelter, care,
activity, and supervision of children for periods of less than 24 hours a day and is
licensed by the state.
commercial retail: retail sales of any article, substance, or commodity within a building
or structure. Commercial retail uses include, but are not limited to: convenience stores,
gasoline service stations, package liquor stores, grocery stores, drug stores and home
improvement stores, laundry services and retail shops.
communication facilities or telecommunication towers: a structure on which there are
electronic facilities for receiving or transmitting communication signals.
community center: a meeting place used by the community in which community
members may gather for social, educational, recreational or cultural activities. Uses
include recreation, a fitness center, meeting areas, and small food and beverage areas
such as cafés. Community center use may be restricted to dues paying members.
condominium: a single dwelling unit in a multi-unit dwelling or structure, which is
separately owned and which may be combined with an undivided interest in the
common areas and facilities of the property.
convenience store: any retail establishment offering for sale gasoline and a limited line
of groceries and household items intended for the convenience of the neighborhood.
Automotive washing is permitted as an accessory use.
D
detached housing: a site-built building containing only one dwelling unit.
E
educational facilities (public and private): an institution for the teaching of children or
adults including primary and secondary schools, colleges, professional schools, art
schools, trade schools, and similar facilities.
entry monuments: primary points of vehicular entry into the property that are enhanced
with Landscaping, architectural treatments and lighting.
F
feed store: a store selling various kinds of animal food-stock used to feed domesticated
livestock, such as cattle, goats, sheep, horse, chickens, and pigs and other
domesticated animals such as dogs, cats, birds, fish, rabbits and reptiles.
financial services: Accounting, auditing, bookkeeping, tax consultation, collection
agencies, credit services, insurance and investment, security and commodity brokers,
dealers and exchanges, insurance and financial planning.
foster homes: an institution or private residence for children who cannot live with their
families and are therefore placed into a ward, group home or private home of a state
certified caregiver.
G
group homes: a residential structure that is licensed to provide room, board, and
supervised care on an on-going basis, but who do not require continuous nursing care,
for adults over the age of 18 who are aged, mentally ill, developmentally disabled,
physically handicapped, or undergoing treatment or rehabilitation from chemical
dependency.
H
home improvement centers: the retail sale of a diverse range of hardware and related
materials generally used in the maintenance, repair, or construction of building or other
structures, including lawn and garden supplies.
I K
L
Landscape buffer: consists of a land area between two separate land uses consisting
of vertical screening treatments such as plants, berm, fences and or walls to ensure
compatibility between uses and allow for appropriate land use transitions.
land reclamation: the process of creating new land from oceans, lakes, riverbeds and
past open-pit mining operations.
Live/work occupation: An occupation or activity which is clearly incidental and
secondary to uses of the premises as a dwelling and which is carried on wholly or in
part within a main building or accessory building by a member of the family who resides
on the premises. A home occupation use shall not change the residential character of
the property or the neighborhood and shall meet all applicable legal requirements.
lodging facilities: a building in which lodging is offered for compensation for a period
of less than 30 days. This use includes hotels, motels, inns, and bed and breakfast
residences, but does not include group homes and boarding houses.
lot coverage: The area by percent (%) of the site to be occupied by buildings,
driveways and accessory structures.
M
manufacturing: Manufacturing is the assembling, finishing, and compounding of
preprocessed materials into a finished product or component. Manufacturing shall be
limited to indoor uses. Typical uses include the assembly of furniture, cloth goods,
and plastic goods and the compounding of chemicals not otherwise classified as
hazardous materials. Other types of manufacturing may include, but are not limited
to: electronics, instruments, office and machinery, pharmaceutics, laboratories,
manufacture and maintenance of signs novelties and holiday paraphernalia, rubber
and metal stamps, furniture and upholstering, candy, canvas, cellophane, cloth, cork,
felt, fiber, fur, glass, leather, paper, precious or semiprecious stones or metals, plaster,
shells textiles, wood, yarns.
Master Developer: The entity responsible for: (1) Establishing the Silverbell Gateway
Design Review Committee; (2) assuring that development conforms to the Silverbell
Gateway Design Guidelines and Development Regulations; and (3) designating the
custodial agency that will maintain natural undisturbed set-aside areas in accordance
with the Management Program.
SGDRC: The Silverbell Gateway Specific Plan Design Review Committee.
mixed-use: a tract of land, building, or structure developed for two of more different
uses such as, but not limited to, residential, office, retail, public, or entertainment. The
mix of uses may occur either on the same tract of land, but compartmentalized into
separate buildings, or, located within the same building (e.g. retail on the first floor and
office or retail on the floors above the retail).
multi-family: a dwelling that is attached to another dwelling at one or more sides by a
wall, excluding accessory dwellings. Multi-family use includes townhomes, apartment
complexes and residential condominiums.
N
Reserved
O
Reserved
P
personal services: establishments providing non-medically related services generally
related to personal needs, including beauty and barber shops, day spas, massage
therapy establishments, garment and shoe repair shops, laundry services (including
dry cleaning), photographic studios, dance studios, and health clubs. These uses may
include the accessory retail sales of products related to the services provided.
planning area: unique areas of the project guided by land use regulations.
processing and cleaning: processing and cleaning is a use which provides dry
cleaning, dyeing, laundering, or rug cleaning services. Typical uses include dry
cleaning plants, diaper services, and linen supply services.
professional office: a room or group of rooms used for conducting the affairs of a
business, medical, professional, or service industry.
public facilities: any non-commercial land use (whether publicly- or privately-owned)
which is to be used and/or allocated for the general good of the public. These uses
include, but are not limited to: governmental offices, parks, major and minor utilities,
and community centers. Privately-owned facilities will be subject to applicable land
use regulations. Public facilities may also include detective and protective services,
employment services and public utility offices.
Q
quarry: a place, typically a large, deep pit, from which stone or other materials are or
have been extracted.
R
recreational facilities: any area intended for active recreational use, structure, or
building associated with and located on a parks and open space use. Recreational
facilities include, but are not limited to: clubhouses, tennis courts, basketball courts,
baseball diamonds, pools, playground equipment, bleachers, etc.
research and development activities: research and product development is conducting
research of a commercial, industrial, or scientific nature. Included are analytic,
diagnostic, processing, and other types of laboratory services. Typical uses include
assaying, commercial testing, and engineering laboratories. The use includes, but is
not limited to research laboratories and facilities as well as developmental laboratories
and facilities including compatible light manufacturing similar to the following
examples: Biochemical; Chemical; Film and photography; Medical or dental;
Metallurgy; Pharmaceutical; Optical; and X-ray.
residential (single-family attached): A dwelling unit attached to one or more dwelling
units by structural elements common to the attached units with each dwelling unit
located on its own individual lot. The structural elements include common wall
construction, roof, and other similar improvement. Elements like trusses, beams, and
patio walls are not included.
residential (multi-family): is a classification of housing where multiple separate housing
units are contained within one building. The most common form is an apartment
building.
S
self storage: the renting or leasing of space for storage or personal effects. Typical
uses include multiple unit storage facilities or mini-warehouses.
street sideyard: the area adjacent to public or private rights-of-way, excluding alleys.
specific plan: Silverbell Gateway Specific Plan.
subdivision: the division of a lot, tract, or parcel of land into two or more lots, plats,
sites, or other divisions of land for the purpose of residential, industrial, office and
business development or other use.
T
temporary use: any use allowed for a specified period of time. A use not of a permanent
nature.
theaters (not including drive-ins): an outdoor or indoor area or building used for
dramatic, operatic, motion pictures, or other performances
Town: The Town of Marana, County of Pima, State of Arizona together with its
successors and assigns.
traffic impact analysis: a supplement to the master transportation study that addresses
the traffic impacts associated with specific sites and/or subdivisions, identifies
proposed design features to mitigate impacts, and includes a commitment to
implement or pay for such design features within a specified time frame.
U
V
veterinary clinic: a professional practice where veterinary medicine and surgery are
used to treat disease, disorder and injury in animals.
W-Z
A. Purpose
This section of the Specific Plan is intended to provide regulatory procedures designed to guide
the implementation for the Specific Plan throughout the duration of the project. This section also
provides guidance regarding the general administration of amendment procedures to the
Specific Plan. The Provisions below shall apply to the entire project site as defined in this
Specific Plan.
1.
Extent of the Specific Plan to Supplement or Supersede Adopted Town
Zoning Regulations
The Development Regulations section of the Specific Plan addresses only those areas
that differ from the Town of Marana Land Development Code. If an issue, condition or
situation arises that is not covered or provided for in this Specific Plan, those regulations
of the Town of Marana Land Development Code that are in place at the time of
development shall be used by the Planning Director as the guidelines to resolve the
unclear issue, condition or situation.
Adjustment within 15 working days of the date of interpretation.
2.
General Implementation Responsibilities
The implementation of Silverbell Gateway Specific Plan is the responsibility of the
Master Developer, the Builder, the Silverbell Gateway Master Association, the Sub-
Association and the Town of Marana.
The Master Developer is the entity responsible for providing the basic infrastructure
needs including roads, sewer and water in a timely and efficient manner. The Master
Developer forms the Silverbell Gateway Master Association and is responsible for
recording the Master CC&Rs.
The Builder, residential or commercial, is the purchaser of a development area, or
portions of a development area, which may or may not require additional infrastructure
improvements, such as utility extensions or local streets. The Builder is responsible for
all construction and lot improvements not made by the Master Developer within their
area(s) of ownership. Should the Builder purchase a development area without the
infrastructure improvements generally provided by the Master Developer, the Builder
becomes the responsible party for the construction or installation of those
improvements.
At any time, the Master Developer may relinquish its rights and assign any or all rights
to one or more Builders. Associated responsibilities of the Master Developer would
also be transferred to the Builder at that time.
The Silverbell Gateway -profit entity that
governs all The Association
establishes the Design Review Committee that reviews all plans for proposed
construction within the Specific Plan area. It is also responsible for the maintenance
and management of all shared private common areas that are not dedicated to the
Town of Marana or maintained by a subdivision homeowners association. It also may
maintain area dedicated to the Town. The Sub-Association(s) is a non-profit
s for individual subdivisions within
the community. It is responsible for managing, establishing and maintaining community
property and services within the subdivision. It may also establish its own sub-
architectural review committee (SARC) to review all plans for modification, remodel or
any other constructed improvements within the subdivision. The SARC will be
responsible for reviewing variances or appeals.
The Town of Marana Development Services Department will be responsible for
ensuring all policies and standards laid out in the Specific Plan are adhered to during
the review of all development in the Specific Plan. The Town of Marana shall be
responsible for the maintenance and management of all public roadways and
recreation/open space areas dedicated to the Town.
3.
Interpretation
The Planning Director shall be responsible for interpreting the provisions of this Specific
Plan.
Council within fifteen (15) working days from the date of the interpretation.
4.
Development Review Procedures
The SGDRC shall review and approve/disapprove all new construction conducted by
the Builder including all homes, subdivision plats and improvements, development
plans, landscaping, signage and all variances and appeals prior to submittal to the Town
The
of Marana for approval and permitting in accordance with Town procedures.
requirements of the Silverbell Gateway Specific Plan and the development agreements
between Master Developer and the Town of Marana shall not have the effect of
superseding the requirements of the adopted building codes.
Final decisions on
grading, drainage, final road alignment, improvement plans, revegetation and other
matters will be made after the approval of the preliminary plat. Builders will not be
allowed to pull permits until the requisite approval of the plan has been given by the
ARC.
No structures, including signs, shall be erected, improved or altered, nor shall any
grading, excavation, tree removal or any other work which in any way alters the exterior
appearance of any structure or area of land commence unless it has been approved in
writing by the ARC. The ARC will review all development proposals for compliance with
the established Community Design Guidelines.
Approval of a subdivision plat, development plan or building permit is subject to the
following requirements:
Conformance with the Silverbell Gateway Specific Plan, as adopted;
Conformance with the development agreement between the Master Developer
and the Town of Marana;
Dedication of appropriate rights-of-way and easements for roads, utilities and
drainage areas by plat or by separate instrument if the property is not to be
subdivided; and
Preliminary plat, final plat and development plan submittals shall follow Town of
Marana procedures current at the time of application.
The SARC shall review all exterior modifications proposed by homeowners within the
associated subdivision. This includes modifications, remodels, additions and all
landscape improvements not already constructed by the Master Developer or Builder.
Upon the
be sent to the ARC for its approval. If there is no SARC, then the proposed modification
will be sent directly to the ARC for its review and approval.
The primary goal of both the ARC and SARC is to review plans, specifications, materials
and samples to determine if the proposed improvements comply with the Community
Design Guidelines.
compliance only and it assumes no responsibility for non-design compliance issues
including, but not limited to: structural adequacy, quality, capacity or safety of
improvement or structure; soil conditions such as compaction, erosion and stability;
compliance with all building codes and other governmental laws and regulations; or
contractor performance and quality-of work issues.
5.
Specific Plan Amendments
Amendments to the Silverbell Gateway Specific Plan may become necessary for
various reasons including but not limited to responding to changes resulting from new
development conditions, financial conditions, and/or to respond to the requirements of
potential users or builders of the property. The Master Developer, the Town of Marana,
other developers, or agents representing either may request amendments to the
approved Specific Plan.
6.
Administrative Change
Certain changes to the explicit provisions in the Specific Plan may be made
administratively by the Town of Marana Planning Director, provided such changes are
not in conflict with the overall intent as expressed in the Silverbell Gateway Specific
Plan.
of substantial change, as outlined below, shall be subject to appeal to the Town Council.
Categories of administrative changes include, but are not limited to:
The addition of new information to the Specific Plan maps or text that does
not change the effect of any regulations or guidelines, as interpreted by the
Planning Director;
Changes to infrastructure, such as drainage and utilities, which do not
change the overall intent of the Specific Plan;
Any comparable interpretations of the list of permitted and temporary uses
of the property set forth in the Specific Plan;
Changes in land use designation boundaries, division of plan areas or
combinations of areas;
Minor modifications or adjustments to intrusions, encroachments,
easements, rights-of-way, or open spaces, so long as the modifications do
not conflict with the overall intent of the Specific Plan; and
The determination that a use may be allowed which is not specifically listed
as permitted, but which may not be determined as analogous and/or
accessory use explicitly listed as permitted, as made by the Planning
Director.
7.
Substantial Change
This Specific Plan may be substantially amended by the procedure outlined in the Town
of Marana Land Development Code, Title 17 Section 05.06.07, Specific Plan Changes.
The owner or agent of the property may submit to the Planning Director a written
application to amend one or more of the Specific Plan regulations. Depending on the
type of request, the Planning Director may determine the request to be a substantial
change to the Specific Plan. A substantial change requires the applicant to submit all
sections or portions of the Silverbell Gateway Specific Plan that are affected by the
change(s). After review, the Planning Director shall refer the request to amend with his
recommendations to the Planning Commission for noticed public hearing. The
Planning Commission shall make its recommendation to the Town Council which, after
public hearing, shall approve, reject, or modify the proposed amendment.
Aerial Photographs, Pima Association of Governments, 2012.
Town of Marana Land Development Code, Title 8 - General Development Regulations,
revised May 2011.
Town of Marana Land Development Code, Title 6 - Subdivision Requirements, revised
March 2011.
Town of Marana Land Development Code, Title 5 - Zoning, revised May 2011.
Town of Marana General Plan, 2010.
Town of Marana Strategic Plan II, March 2012.
Town of Marana Parks, Recreation, Trails, and Open Space Master Plan, 2010.
FEMA Flood Insurance Rate Map, Pima County, Arizona.
Institute of Transportation Engineers, Trip Generation Manuals, 7Edition, Volumes 1 &
th
3, 2003.
MapGuide, Pima County Geographic Information Systems, 2013.
Pima Regional Trail System Master Plan, revised May 2012.
MARANA ORDINANCENO. 2014.026
RELATING TO DEVELOPMENT; APPROVING A REZONING OF APPROXIMATELY
14.7 ACRES OF LAND LOCATED AT THE SOUTHEAST CORNER OF INA ROAD AND
SILVERBELL ROAD FROM“R-36 RESIDENTIAL”TO “F”SPECIFIC PLAN FOR THE
PURPOSE OF ESTABLISHING THE RIVERSIDE ATSILVERBELL SPECIFIC PLAN AND
APPROVING A MINOR AMENDMENT TO THE GENERAL PLAN TO AMEND THE
LAND USE CATEGORY FROM COMMERCIAL (C) TO MASTERPLAN AREA (MPA)
WHEREAS The Planning Center representsIna & Silverbell 1 Limited Partnership,
referred to as the “Owner”of14.7 acres of land located at the southeast corner of Ina Road and
Silverbell Road (referred to in this Ordinance as the Rezoning Area), depicted on Exhibit “A”
attached to and incorporated in this Ordinance by this reference; and
WHEREAS the Ownerhas authorized The Planning Center to submit applications to
rezone 14.7 acres from “R-36 Residential”to “F”Specific Plan (“this Rezoning”) and amend the
Marana 2010 General Plan from Commercial (C) to Master Plan Area (MPA); and
WHEREAS the Marana Planning Commission held a public hearing on September 24,
2014, and voted 6-0to recommend that the Town Council approve the Specific Plan and minor
General Plan Amendment, subject tothe recommended conditions; and
WHEREAS the Marana Mayor and Town Council held a public hearing on October 21,
2014and determined that the requestedSpecific Plan and minor General Plan Amendment
should be approved.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of
Marana, Arizona, as follows:
Section 1.
The zoning of the Rezoning Area is hereby changed from “R-36 Residential”
to “F”Specific Plan, creating the Riverside at Silverbell Specific Plan, attached to and
incorporated in this Ordinance by this reference.
Section 2.
The minor amendment to the 2010 General Plan is hereby approved, changing
the land use category for the Rezoning Area from Commercial (C) to Master Plan Area (MPA).
Section 3.
This Rezoning is 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 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.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
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Ordinance No. 2014.02610/14/2014 10:54 AM SV/FC
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.
3.A sewer service agreement and master sewer plan shall be submitted by the developer
and accepted by the wastewater provider prior to the approval of any final plat or
development plan.
4.A drainage report must be submitted by the developer and accepted by the Town
Engineer at the development plan or platting stage of this project.
5.Drainage and landscaping will be designed to prevent impacts to and enhance the “The
Loop”trail system and the Santa Cruz bank protection on the east side of the project site.
6.Native riparian vegetation will be used in conjunction with drainage improvements, “The
Loop”trail system and the Santa Cruz River to enhance riparian habitat remaining on the
site and/or mitigate that which has been disturbed.
7.The developer shall dedicate to the Town at no cost all necessary rights of way and
easements as depicted on the Town’s Ina Road, Silverbell Road to Star Commerce Way
road improvement plans, including any reasonable adjustments to said rights of way and
easements as a result of the road improvement plans being incorporated into the Arizona
Department of Transportation’s Ina interchange project.
8.The developer will be responsible for submitting to the Town additional traffic studies at
the development plan or platting stage of this project.
9.The developer of this project will be responsible for the design and construction of
eastbound right-turn (deceleration) lanes at each of the project’s three driveways on Ina
Road.
10.The developer of this project will be responsible for the design and provision of a
southbound left turn land on Silverbell Road at the project’s driveway on that road.
11.If a traffic signal has been constructed by others at the intersection of Ina Road at this
project’s easternmost driveway (as shown on the accepted Traffic Impact Study) prior to
the construction of said driveway, this project’s developer shall be responsible for the
construction of all required traffic signal equipment and provisions of new traffic
signal/phasing/timing plan to accommodate the subject driveway’s traffic.
12.This project is located within the South Marana Transportation and Marana Park Benefit
Areas and will be subject to those fees at time of permitting.
13.An annual report shall be submitted within 30 days of the anniversary of the Town
Council’s approval of the Riverside at Silverbell Specific Plan in accordance with the
requirements defined in the Land Development Code.
14.Upon adoption of the rezoning ordinance by the Town Council’s approval of the
Riverside at Silverbell Specific Plan, the applicant shall provide the Planning Department
the following: one non-bound original; twelve bound copies and ten electronic copies on
CD in PDF format.
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Section 4.
All ordinances, resolutions and motions and parts of ordinances, resolutions,
and motions of the Marana Town Council in conflict with the provisions of this Ordinance are
hereby repealed, effective as of the effective date of this Ordinance.
Section 5.
If any section, subsection, sentence, clause, phrase or portion of this Ordinance
is for any reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions hereof.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
st
this 21day of October, 2014.
Mayor Ed Honea
ATTEST:APPROVED AS TO FORM:
Jocelyn C. Bronson, Town ClerkFrank Cassidy, Town Attorney
-3 -
Ordinance No. 2014.02610/14/2014 10:54 AM SV/FC
Cover
Riverside at Silverbell
Specific Plan
Marana, Arizona
Submitted to:
Town of Marana
Planning Department
11555 West Civic Center Drive
Marana, Arizona 85653
Prepared for:
Ina & Silverbell 1, Limited Partnership
2721 North Oracle Road, Suite 300
Tucson, Arizona 85705
Telephone: (417) 766-0433
Prepared by:
The Planning Center
110 South Church Avenue, Suite 6320
Tucson, Arizona 85701
Telephone: (520) 623-6146
With assistance from:
Stantec Engineering
5151 East Broadway Boulevard, Suite 400
Tucson, Arizona 85711
Telephone: (520) 750-7474
And:
Curtis Lueck & Associates
5460 West Four Barrel Court
Tucson, Arizona 85743
Telephone: 520-743-8748
GPA1407-001
PCZ-14014
August 2014
Section I. Introduction ................................................................................................................... 1
A.Background .................................................................................................................................................. 2
Section II. Inventory and Analysis ................................................................................................ 4
A.Purpose and Intent ....................................................................................................................................... 5
B.Existing Land Uses ....................................................................................................................................... 5
1.Site Location ....................................................................................................................................... 5
2.Existing On-Site Land Use and Zoning .............................................................................................. 7
3.Existing Conditions on Properties within a One-Quarter Mile Radius ............................................... 7
4.Well Sites within 100 Feet of the property .......................................................................................... 9
C.Topography and Slope ............................................................................................................................... 13
1.Hillside Conservation Areas.............................................................................................................. 13
2.Rock Outcrops .................................................................................................................................. 13
3.Slopes of 15% or Greater ................................................................................................................. 13
4.Other Significant Topographic Features ........................................................................................... 13
5.Pre-Development Cross-Slope ......................................................................................................... 13
D.Pre-Conditions Hydrology .......................................................................................................................... 15
E.Vegetation................................................................................................................................................... 17
1.Vegetative Communities and Associations On-Site......................................................................... 17
2.Significant Cacti and Groups of Trees .............................................................................................. 17
3.Special-Status Plant Species ........................................................................................................... 17
4.Vegetative Densities ......................................................................................................................... 18
F.Wildlife ........................................................................................................................................................ 22
1.Letter from Habitat Specialist ............................................................................................................ 22
2.Arizona Game and Fish Department Environmental Review .......................................................... 22
G.Viewsheds .................................................................................................................................................. 24
1.Viewsheds Onto and Across the Site ............................................................................................... 24
2.Area of High Visibility from Adjacent Off-Site Uses .......................................................................... 24
H.Traffic Circulation and Road System ......................................................................................................... 29
1.Existing and Proposed Off-Site Streets ............................................................................................ 29
2.Existing Access and Rights-of-Way ................................................................................................. 31
3.Roadway Improvements ................................................................................................................... 32
4.Existing and Proposed Intersections on Arterials within One Mile and Most Likely to be Used by
Traffic from this Site .......................................................................................................................... 32
5.Existing Bicycle and Pedestrian Ways Adjacent to the Site and Their Connections with Arterial
Streets, Parks and Schools .............................................................................................................. 32
I.Recreation and Trails ................................................................................................................................. 35
1.Open Space, Recreation Facilities, Parks and Trails ....................................................................... 35
J.Cultural Resources ..................................................................................................................................... 37
1.Location of Resources On-Site ......................................................................................................... 37
K.McHarg Composite Map ............................................................................................................................ 39
Section III. Land Use Proposal ...................................................................................................41
A.Purpose and Intent ..................................................................................................................................... 42
B.Design Principles and Vision ...................................................................................................................... 42
C.Relationship to Adopted Plans ................................................................................................................... 42
1.Marana General Plan ........................................................................................................................ 42
2.Marana Strategic Plan ...................................................................................................................... 45
D.Compatibility with Adjoining Development and Location Restrictions ....................................................... 46
1.Adjoining Development Compatibility ............................................................................................... 46
E.Conceptual Development Plan .................................................................................................................. 47
F.Circulation Plan .......................................................................................................................................... 50
G.Post Development Hydrology..................................................................................................................... 51
H.Environmental Resources .......................................................................................................................... 54
1.Waters of the United States .............................................................................................................. 54
2.Federally Endangered Species and Other Special Species ............................................................ 54
3.Wildlife Corridor................................................................................................................................. 54
I.Landscape & Buffering ............................................................................................................................... 54
1.Native Plant Preservation ................................................................................................................. 55
J.Utilities ........................................................................................................................................................ 55
1.Water ................................................................................................................................................. 55
2.Wastewater ....................................................................................................................................... 57
3.Private Utilities .................................................................................................................................. 57
4.Sanitation and Recycling Services ................................................................................................... 57
K.Public Services ........................................................................................................................................... 60
1.Police Service ................................................................................................................................... 60
2.Schools ............................................................................................................................................. 60
3.Fire Service ....................................................................................................................................... 61
L.Recreation and Trails ................................................................................................................................. 63
1.Provision of Recreational Area ......................................................................................................... 63
2.Open Space Ownership ................................................................................................................... 63
3.Off-Site Trail Access and Maintenance ............................................................................................ 64
M.Cultural Resources ..................................................................................................................................... 64
Section IV. Development Regulations .......................................................................................65
A.Purpose and Intent ..................................................................................................................................... 66
B.General Provisions ..................................................................................................................................... 66
1.Applicable Codes .............................................................................................................................. 66
2.Additional Uses ................................................................................................................................. 66
3.Temporary Uses ............................................................................................................................... 67
4.Mix of Uses ....................................................................................................................................... 67
C.Development Standards ............................................................................................................................. 67
1.Mixed-Use Land Use Designation .................................................................................................... 67
2.General Development Standards ..................................................................................................... 70
3.Parking Regulations .......................................................................................................................... 72
4.Landscape Buffering and Screening Standards .............................................................................. 75
5.General Landscape Program ........................................................................................................... 75
D.Design Guidelines ...................................................................................................................................... 76
1.Purpose and Intent............................................................................................................................ 76
2.Applicability ....................................................................................................................................... 77
3.Design Review Committee ............................................................................................................... 77
4.Single-Family Residential Attached and Multi-Family Residential Guidelines ................................ 77
5.Commercial Design Guidelines ........................................................................................................ 79
6.Monumentation and Signage............................................................................................................ 79
7.Lighting .............................................................................................................................................. 80
8.Recreation, Bicycle and Pedestrian Circulation ............................................................................... 80
E.Definitions ................................................................................................................................................... 83
Section V. Implementation and Administration ........................................................................88
A.Purpose ...................................................................................................................................................... 89
1.Extent of the Specific Plan to Supplement or Supersede Adopted Town Zoning Regulations ....... 89
2.General Implementation Responsibilities ......................................................................................... 89
3.Interpretation ..................................................................................................................................... 90
4.Development Review Procedures .................................................................................................... 90
5.Specific Plan Amendments ............................................................................................................... 91
6.Administrative Change ...................................................................................................................... 92
7.Substantial Change .......................................................................................................................... 93
Section VI. Appendix ............................................................................................................94
A. Illustrative Site Plan ................................................................................................................................... 95
B.Bibliography ................................................................................................................................................ 96
List of Exhibits
Exhibit I.A.1: Regional Context ............................................................................................................................ 3
Exhibit II.B.1: Site Location.................................................................................................................................. 6
Exhibit II.B.3: Existing Zoning ............................................................................................................................ 10
Exhibit II.B.3.b: General Plan Designations ....................................................................................................... 11
Exhibit II.B.3.c: Existing Land Uses ................................................................................................................... 12
Exhibit II.C.1: Topography and Slope ............................................................................................................... 14
Exhibit II.D.1: Pre-Development Hydrology ...................................................................................................... 16
Exhibit II.E.1: Vegetative Communities and Associations ................................................................................. 19
Exhibit II.E.2: Site Resource Inventory ............................................................................................................... 20
Exhibit II.E.4: Vegetation Densities .................................................................................................................... 21
Exhibit II.F.1: AGFD Online Environmental Review .......................................................................................... 23
Exhibit II.G.1.a: Photo Key Map ........................................................................................................................ 25
Exhibit II.G.2: Visibility ........................................................................................................................................ 28
Exhibit II.H.1: Traffic ........................................................................................................................................... 30
Exhibit II.H.5: The Loop Map .............................................................................................................................. 34
Exhibit II.I.1: Recreation and Schools ............................................................................................................... 36
Exhibit II.J.1: Archaeological Records Search .................................................................................................. 38
Exhibit II.K.1: McHarg Composite Map ............................................................................................................. 40
Exhibit III.E.1: Conceptual Development Plan .................................................................................................. 49
Exhibit III.G.1: Post Development Hydrology ..................................................................................................... 53
Exhibit III.J.1: Water Service Letter ................................................................................................................... 56
Exhibit III.J.2.a: Existing Sewer Facilities .......................................................................................................... 58
Exhibit III.J.2.b: Wastewater Capacity Response ............................................................................................. 59
Exhibit III.K.3: Fire Service ................................................................................................................................ 62
Exhibit IV.D.8: Proposed Bicycle and Pedestrian Circulation ............................................................................ 82
List of Tables
Table II.E.3: USFWS List of Plant Species for Pima County ............................................................................. 18
Table II.H.2: Roadway Inventory ........................................................................................................................ 31
Table III.K.2: School Capacities & Enrollments ................................................................................................. 60
Table 1: Single-Family (Attached) and Multi-Family Residential Development Standards .............................. 70
Table 2: Non-Residential Development Standards ........................................................................................... 71
Section I.Introduction
A. Background
The Riverside at Silverbell Specific Plan is a planned mixed-use development consisting of
14.7-acres located within the Town of Marana Limits on the southeast corner of Ina Road
and Silverbell Road. Riverside at Silverbell is bounded by Ina Road on the north, vacant
land on the south, the Santa Cruz River and Santa Cruz River Park shared-use path (The
Loop) on the east and Silverbell Road to the west.
Much of the property around the Silverbell and Ina intersection has remained vacant due to
the economic downturn; this project presents an opportunity to transform this crucial piece of
Ina Road frontage between the Santa Cruz River and Silverbell Road into a thriving gateway
development to the Town of Marana.
that supports the viability of proposed commercial development through the offering of
affordable, yet attractive multifamily housing options. The project is envisioned as a gated
luxury apartment and townhome community, most likely located in the eastern portion of the
site adjacent to the Santa Cruz River, with an integrated commercial component on the west
half of the property. With the scheduled improvements to Ina Road and the reconstruction of
the Interstate 10 traffic interchange at Ina soon to become a reality, the timing for this vision is
rapidly approaching.
See Exhibit I.A.1: Regional Context.
Exhibit I.A.1: Regional Context
Section II.Inventory and Analysis
A. Purpose and Intent
The primary purpose of the Development Capability Report section of the Riverside at
Silverbell ties, constraints and various physical
characteristics, the analysis of which will provide a means whereby development is designed
in a sensitive and responsive manner to the physical conditions of the site. Information for
this section was compiled from a variety of sources, including site visits, referencing
topographic, hydrological, archaeological and traffic analyses, and correspondence with staff
from the local jurisdictions. The Development Capability Report follows the Town of Marana
requirements provided in the Town of Marana Land Development Code.
Pursuant to such requirements, information on the following physical components of the site
was compiled to assess the suitability of the property for development:
Existing structures, roads and other development
Topography and slope analyses
Hydrology and water resources
Vegetation and wildlife habitat
Geology and soils
Viewsheds
Cultural resources
Existing infrastructure and public services
B. Existing Land Uses
This section of the Development Capability Report identifies existing zoning, land use and
structures on-site and on surrounding properties, as well as other proposed development in
the project vicinity.
1.
Site Location
The project is situated within the southern limits of the Town of Marana in the
northwest portion of Section 02, Township 13 South, Range 12 East. The property
lies approximately one-mile west of Interstate 10 just west of the Santa Cruz River, on
the southeast corner of the intersection of Silverbell Road and Ina Road. In total, the
site area is approximately 14.7-acres. See Exhibit II.B.1: Site Location.
Exhibit II.B.1: Site Location
2.
Existing On-Site Land Use and Zoning
The site is currently vacant with no existing structures on-site except for an old
abandoned irrigation canal that runs east to west through the middle of the property.
There is also a 16-foot wide Tucson Electric Power (TEP) public utility easement that
crosses the northeast corner of the site. The existing zoning designation on the
property is -36, Single Family Residential, which has a minimum 36,000 square
foot lot size.
3.
Existing Conditions on Properties within a One-Quarter Mile Radius
a. Zoning
The zoning designations of surrounding properties, as depicted in Exhibit II.B.3
are as follows:
North: Town of Marana A (Small Lot Zone), E (Transportation Corridor
Zone), LI (Light Industrial) and VC (Village Commercial)
South: Town of Marana R-16 (Single Family Residential), R-36 (Single
Family Residential) and R-144 (Single Family Residential)
East: Town of Marana R-36 (Single Family Residential), E
(Transportation Corridor Zone) and Pima County SH (Suburban
Homestead Zone)
West: Town of Marana R-10 (Single Family Residential), R-36 (Single
Family Residential), NC (Neighborhood Commercial), VC
(Village Commercial) and Pima County CR-1 (Single
Residence Zone)
b. General Plan Land Use
The 2010 Town of Marana General Plan indicates the site is designated
Commercial. The surrounding general plan designations within one-quarter
mile of the site, as depicted in Exhibit II.B.3.b are as follows:
North: Industrial, Commercial & Santa Cruz Buffer
South: Low Density Residential
East: Industrial & Santa Cruz Buffer
West: Commercial & Low Density Residential
c. Land Use
The land uses of surrounding properties within one-quarter mile, as depicted in
Exhibit II.B.3.c: Existing Land Uses are as follows:
North: Vacant Land
South: Vacant Land, Ina & Silverbell (1-41) Single-Family Residential
Subdivision
East: Vacant Land, Santa Cruz River, The Loop Shared-use Path
and the Ina Land Reclamation Facility
West: Vacant Land, Proposed Silverbell Crossroads Shopping
Center, Silverbell West Single-Family Residential Subdivision,
Bridlewood West (1-41) and Bridlewood West (42-102) Single-
Family Residential subdivisions
d. Number of Stories of Existing Structures
There are no existing structures currently on the site. Two-story homes are
allowed in the Ina & Silverbell subdivision and are expected in the Silverbell
West subdivision, currently under construction, located northwest of the site. All
other homes within a one-quarter mile radius are one-story.
e. Pending and Conditional Rezonings
According to the most recent Town of Marana Planning and Zoning Activity map
dated July 2013, there are no pending or conditional rezonings within a one-
quarter mile radius of the project site. There is a proposal for a specific plan
rezoning referred to as the Silverbell Gateway Specific Plan, case number PCZ-
14012, located directly north of the site across Ina Road on approximately 92
acres.
f. Subdivision/Development Plans Approved
There are four approved subdivision plats within a one-quarter mile radius of the
project site. Silverbell West (currently under construction) will feature one- and
two-story single-family residential homes located northwest of the site.
Bridlewood West (1-41), Bridlewood West (42-102) and Ina & Silverbell (1-41)
are all one-story single-family residential subdivisions located west and south of
the site, respectively.
Silverbell Crossroads Shopping Center is located on the southwest corner of
Ina and Silverbell roads, west of the site, and is currently in development plan
review, DPR-08044.
g. Architectural Styles of Adjacent Development
Existing homes in the area are rural custom-home type single-family residences
with southwest and ranch architectural style. Homes in the Silverbell West
subdivision northwest of the site will likely be more typical of the conventional
production built single-family detached housing, similar to what is nearby in
Silverbell Place to the north.
4.
Well Sites within 100 Feet of the property
According to Pima County Geographic Information Systems and the Arizona
Department of Water Resources, well #619283 is located on-site near the mid-eastern
portion of the property. The pump capacity of the well is 35 gallons per minute
(GPM). Use of the well may be integrated into the water plan for future development,
but if its retention is determined to be infeasible, then it will be capped in accordance
with Town standards. There are no other wells located on-site, or within 100 feet of
the property. See Exhibit II.B.3.c: Existing Land Uses.
Exhibit II.B.3: Existing Zoning
Exhibit II.B.3.b:General Plan Designations
Exhibit II.B.3.c:Existing Land Uses
C. Topography and Slope
The site is mostly flat with little variation in topography. The elevations on the property range
from approximately 2,172 feet near the southwestern corner to approximately 2,166 feet near
the middle of the north property boundary. One un-named wash exits the property at the low
point along the north property boundary with flows between 500 and 1,000 CFS. Existing
Exhibit II.C.1: Topography and Slope.
1.
Hillside Conservation Areas
There are no Hillside Conservation areas on or within 300-feet of the subject property.
2.
Rock Outcrops
There are no rock outcrops on the subject site.
3.
Slopes of 15% or Greater
There is a very small area located in the northeast corner of the site and another small
area in the northwest portion of the site along the old irrigation canal with slopes
between 15 and 25 percent. The surface slope of the property is shown on Exhibit
II.C.1: Topography and Slope.
4.
Other Significant Topographic Features
There are no other significant topographic features such as peaks or ridges on the
project site.
5.
Pre-Development Cross-Slope
The average cross-slope of the property is approximately 2.38%.
The pre-development cross slope calculation and values used are as follows:
Cross-slope = (I x L x 0.0023) / A
Where:
I = contour interval (2
L = total length of contours (7,619)
A = total site area in acres (14.7 AC)
Exhibit II.C.1: Topography and Slope
D. Pre-Conditions Hydrology
The following site hydrology information was analyzed and prepared by Stantec Engineering.
All hydrology information is for illustrative purposes only and is subject to
verification/modification via the drainage report with supporting calculations based on then
existing and proposed conditions at the time of application.
One offsite watershed, draining from the south, impacts the southeast border of the property.
This watershed is approximately 284 acres in size and generates an estimated 100-year peak
discharge of 636 cfs. This flow discharges to the Santa Cruz River, immediately to the east of
the property. Prior to the new transportation improvements at the Ina Road and Silverbell
Road intersection; a 4 acre area watershed west of Silverbell Road discharged surface runoff
across Silverbell Road to the subject property (as is indicated on the FEMA FIRM Shaded
Zone X). However, presently, this offsite impact has been eliminated due to the recent
roadway improvements. The offsite surface runoff now drains north via storm drain pipes to a
culvert crossing west of the Ina Road and Silverbell Road intersection.
The subject site is undeveloped desert grassland with a perimeter elevation of 2170 feet and
an overall approximate depth of 2 feet (2168 feet). Ina Road to the north and Silverbell to the
west are at an elevation of 2170 feet or higher adjacent to the property. The subject property
is approximately 13.4 acres in size and generates an estimated 100-year peak discharge of
27 cfs which drains directly to the Santa Cruz River to the east. Santa Cruz River bank
stabilization improvements, consisting of constructed soil cement, exists along the west bank
adjacent to the subject property. The soil cement is at an elevation of approximately 2170 feet
and appears to contain the 100 year FEMA flow event (therefore, the majority of the site is a
depressed area, approximately 2 feet deep with no direct outlet to the Santa Cruz River). The
500-year FEMA elevation at the southern boundary of the property is at an approximate
elevation of 2175; in the event that a critical care facility is planned and developed at this
location, the FFE should be set at 2175 feet or greater, and the adjacent bank protection may
need to be increased.
Per the current FEMA FIRM Panel 04019C 1655L, effective date: June 16, 2011, the majority
of the site lies in a shaded Zone X; with a minor area at the southeast corner lying in a
Special Flood Hazard Area, Zone AE (resulting from the prior referenced 284 acre
watershed). See Exhibit II.D.1: Pre-Development Hydrology.
E. Vegetation
1.
Vegetative Communities and Associations On-Site
The project site is located on the southeast corner of Ina and Silverbell roads. The
site contains invasive species and some native vegetation typical of that found in the
Arizona Sonoran Desert. The majority of the site has been previously graded and
disturbed. The majority of the site is devoid of vegetation, other than invasive
grasses. The site contains large areas of invasive grasses and invasive Desert
Broom (Baccharis sarothroides).
A small number of Velvet Mesquite (Prosopis velutina) occur on-site. However, the
majority of these trees are suffering from Mistletoe infestation and would be
considered in poor condition.
The Pima County Sonoran Desert Conservation Plan GIS (2011) classifies this site as
Agriculture / Developed / Bare Ground and Sonoran Desert Scrub. Vegetation
density is low. Velvet Mesquite (Prosopis velutina) and Desert Broom (Baccharis
sarothroides) are dominant plant species on the site. The vegetative communities and
densities are depicted in Exhibit II.E.1: Vegetative Communities and Associations.
A portion of the site has been mapped by Pima County as Important Riparian Area
(IRA). However, neither the plant species present nor the plant densities are
indicative of riparian habitat. Large portions of the mapped riparian area are devoid of
vegetation.
2.
Significant Cacti and Groups of Trees
The site does not contain any significant cacti or groups of trees.
3.
Special-Status Plant Species
Arizona Game & Fish has identified one species with special status that may occur
within 3 miles of the project site. Staghorn Cholla (Opuntia versicolor) is designated
as Salvage Restricted (SR).
The U.S. Fish and Wildlife Service (USFWS) identifies four plant species in Pima
County that have protection under the Endangered Species Act (ESA), one plant
species that has been proposed for listing and protection under the ESA, and one
plant species that has a conservation agreement in place to preclude it from listing
1
(Table II.E.3). None of these species are expected to occur on the property.
1
http://www.fws.gov/southwest/es/arizona/Documents/CountyLists/Pima.pdf
Table II.E.3: USFWS List of Plant Species for Pima County
Common NameScientific NameESA Status
Plants
Echinomastus erectocentrus var.
Acuña cactus Proposed Endangered
acunensis)
Allium gooddingii)
Conservation Agreement
Lilaeopsis schaffneriana ssp.
Huachuca water umbel Endangered
recurva)
Amsonia kearneyana)
Endangered
Coryphantha scheeri var.
Pima pineapple cactus Endangered
robustispina)
Echinocactus horizonthalonius
Endangered
var.nicholii)
4.
Vegetative Densities
The Pima County GIS (2013) categorizes the site as Agriculture / Water /
Developed / Bare Ground and Sonoran Desertscrub. According to 2013 Pima
County GIS data, Agriculture / Water / Developed / Bare Ground (low vegetation
density) accounts for 8.1 acres and the Sonoran Desertscrub (low vegetation
density) accounts for 6.2 acres. On the site, vegetation density is very low due to
the large areas of previous disturbance. Exhibit II.E.4: Vegetation Densities,
illustrates the vegetative community densities found on the property.
Exhibit II.E.1: Vegetative Communities andAssociations
ExhibitII.E.4:VegetationDensities
F. Wildlife
1.
Letter from Habitat Specialist
a. Presence of any State-listed Threatened or Endangered Species
There are no state-listed threatened or endangered species located on-site or within
3 miles of the property. The Sonoran Desert Tortoise (Gopherus morafkai) is a
candidate for ESA protection. The Heritage Data Management System (HDMS)
search found that the tortoise occurs within 3 miles of the property. The tortoise
carries sensitive and wildlife of special concern designations.
The California Leaf-nosed Bat (Macrotus californicus) occurs within 3 miles of the
site and carries sensitive, species of concern and wildlife of special concern
designations.
The Cave Myotis (Myotis velifer) occurs within 3 miles of the project area and
carries both a sensitive and species of concern status.
The Fulvous Whistling-Duck or Dendrocygna bicolor occurs within 3 miles of the
specific plan area and carries a species of concern status.
There are 2 wildlife corridors within 3 miles of the project, including: Coyote
Ironwood Tucson Linkage Design and the Tucson Tortolita Santa Catalina
Mountains Linkage Design.
b. High Densities of a Given Species
According to the Arizona Game and Fish Department, there is no evidence that
high densities of a given species exist within the project area.
2.
Arizona Game and Fish Department Environmental Review
In support of this analysis, the AGFD HDMS was accessed via their On-line
Environmental Review Tool, to locate records of occurrence within 3 miles of the
property for these species. The summary page from the HDMS review has been
included as Exhibit: II.F.1: AGFD Online Environmental Review.
The HDMS does include records for one species that does not have Endangered
Species Act (ESA) protection: the Cactus Ferruginous Pygmy-owl (Glaucidium
brasilianum cactorum), which used to have ESA protection. The Pygmy-owl receives
the protections provided by the Migratory Bird Treaty Act and is designated as a
sensitive (S), species of concern, and Wildlife of Special Concern (WSC).
G. Viewsheds
1.
Viewsheds Onto and Across the Site
The Riverside at Silverbell Specific Plan project area is located about a mile west of
Interstate 10 in a developing area within the Town of Marana limits. Residential
developments exist in the vicinity, west of the site. The general landscape is
dominated by bare ground and invasive grasses with a small wash crossing through
the middle of the project area. Viewsheds onto and across the site are mostly
unobstructed due to the lack of dense on-site vegetation. The significant views and
vistas beyond adjacent properties are of the Tortolita Mountains to the north, Pusch
Ridge and Catalina Mountains to the east and the Tucson Mountains situated to the
topography is mostly flat with little over-story vegetation. Development of the subject
property will not block these views for the existing homes in the area.
See Exhibit II.G.1.a: Photo Key Map and Exhibit II.G.1.b: Site Photos.
2.
Area of High Visibility from Adjacent Off-Site Uses
North: The Ina Road alignment is slightly higher in elevation, allowing for increased
visibility when looking south across the site; vegetation is not a limiting factor.
South: The views to the north are somewhat hindered by vegetation along the middle
portion of the south boundary. Otherwise, the site is relatively visible when looking
north.
East: The eastern portion of the specific plan area is relatively flat with slightly
changing topography and a few mature trees that limit the views to the west.
West: Views looking east from Silverbell Road are partially obstructed due to a small
stand of mesquite trees near the northwest corner of the site.
See Exhibit II.G.2: Visibility.
Exhibit II.G.1.a: Photo Key Map
Exhibit II.G.1.b: Site Photos
Photo 1: Looking north across Ina Road from the Photo 2: Looking east along Ina Road from the
northwest corner of the site. northwest corner of the site.
Photo 3: Looking south along Silverbell Road Photo 4: Looking west along Ina Road at the Ina-
Silverbell intersection from the northwest corner of
from the northwest corner of the site.
the site.
Photo 5: Looking north toward the guard rail on Photo 6: From the northeast corner of the project
site, looking east at the Santa Cruz River and
Ina Road from the northeast corner of the site.
bridge.
Exhibit II.G.1.b: Site Photos continued
Photo 7: From the northeast corner of the project Photo 8: From the northeast corner of the project
site looking south along the east property site looking west along the north property
boundary. boundary.
Photo 9: Looking south across the site from a Photo 10: Looking at an on-site abandoned
irrigation canal from a point near the middle of the
point near the middle of the northern boundary.
east property boundary.
Photo 11: Looking east along the south boundary Looking toward the Ina-Silverbell
Photo 12:
intersection at a drainage structure that crosses
from the southwest corner of the parcel.
under Ina Road.
Exhibit II.G.2:Visibility
H. Traffic Circulation and Road System
A Riverside at Silverbell Traffic Impact Analysis (TIA) by Curtis Lueck and Associates has
been submitted under separate cover.
1.
Existing and Proposed Off-Site Streets
Silverbell Road is adjacent to the west boundary of the project area and Ina Road is
adjacent to the north boundary.
No off-site roads are proposed as a part of this project. Existing roadways within
the project area are shown on Exhibit II.H.1: Traffic.
Silverbell Road
Silverbell Road is a four lane principal arterial with a 150-foot right-of-way (ROW).
South of Ina Road the roadway transitions to 2-lanes. The posted speed limit is 45
MPH. According to the Pima Association of Governments (PAG), the average daily
trip (ADT) generation was approximately 11,000 in 2010 and the projected ADT in
the year 2040 is approximately 21,600.
Ina Road
Ina Road is a paved 2-lane arterial with a 150-foot ROW width. The posted speed
limit is 45 MPH. Future plans show Ina Road as a 4-lane roadway with a raised
median.
Cortaro Road
Cortaro Road is a paved 2-lane arterial with a variable ROW width of 90-150-feet.
Some portions of Cortaro Road are 4-lanes, particularly near Arizona Pavilions
Drive and Interstate 10. The posted speed limit is 40 MPH.
Exhibit II.H.1: Traffic
2.
Existing Access and Rights-of-Way
A roadway inventory was conducted to obtain the following information:
Existing and Proposed Right-of-Way;
Whether or not said widths conform to minimum requirements;
Ownership;
Whether or not rights-of-way jog or are continuous;
Number of travel lanes and theoretical capacity and design speed for existing
roads;
Present average daily traffic for existing streets; and
Based on a preliminary visual assessment, a description of the surface
conditions of existing roadways providing access to the site:
Table II.H.2: Roadway Inventory
Silverbell Ina Cortaro
Road Road Road
Major Routes
Arterial Arterial Arterial
Classification
Existing R.O.W. (Feet) 120-200 150 90-150
Future R.O.W. (Feet) 150-200 150 150
Current Number of
2-4 2 (4) 2-4
Lanes (proposed)
Speed Limit 45 45 40
Ownership Marana Marana Marana
11,000 16,000 30,000
ADT (Source, Year) (PAG, (PAG, (PAG,
2010) 2010) 2010)
Capacity (Florida
15,600 15,600
Dept. of 15,600
32,900 32,900
Transportation, 2002)
Conforms to Width
No Yes No
Standards
Surface Conditions Paved Paved Paved
Source: Pima Association of Governments (PAG), Town of Marana General Plan, and Site Visit 9.12.13
3.
Roadway Improvements
The I-10 Ina Road interchange is scheduled to be rebuilt by the Arizona Department
of Transportation (ADOT) commencing in 2016 with an estimated completion date of
2018. The ADOT project is expected to build a grade-separated interchange at Ina
Road with new traffic loops on the interchanges east and west sides. Additionally,
there are five projects listed in the adopted 2040 PAG Regional Transportation Plan
(PAG RTP) within the project area. Four projects are for the Ina Corridor and one is
for Silverbell Road. These projects are:
Silverbell Road Grant Road to Ina Road, Widen to 4-lane roadway , bike
lanes and drainage, Early Timeframe (2013-2020), Tucson, $57,045,000
Ina Road #1 Wade Road to Silverbell Road, Widen to 3-lane roadway,
Middle Timeframe (2020-2030), Pima County, $10,800,000
Ina Road #2 Silverbell Road to Interstate 10, Widen to 4-lane roadway,
includes 2-lane bridge, Early Timeframe (2013-2020), Marana, $11,440,000
Ina Road #2a Bridge over Santa Cruz River, Replace bridge structure, Early
Timeframe (2013-2020), Marana, $6,000,000
Ina Road #3 Interstate 10 to Camino de la Tierra, Widen to 6-lane roadway,
Early Timeframe (2013-2020), Marana, $13,100,000
4.
Existing and Proposed Intersections on Arterials within One Mile and
Most Likely to be Used by Traffic from this Site
The intersection of Silverbell Road and Ina Road will be used by vehicles generated
by the project. Additionally, the intersection of Silverbell Road and Cortaro Road,
located northwest of the site, is likely to be used by traffic from the site. The
intersections of both Ina Road & I-10 and Cortaro Road & I-10 are likely to be used by
motorists travelling east and west as well as by those making north-south movements
via I-10.
5.
Existing Bicycle and Pedestrian Ways Adjacent to the Site and Their
Connections with Arterial Streets, Parks and Schools
Four of the project area roads within one-mile of the project site are designated on the
Tucson Bike Map as bike routes. Ina Road, Silverbell Road and Cortaro Road are all
designated as bike routes with a striped shoulder. The bike route along Silverbell
Road terminates just south of Ina Road where the ROW for Silverbell transitions to 2-
lanes. Pima County GIS shows the bike route along Silverbell extending slightly
further south to where Abington Road intersects the Silverbell Road alignment. The
bike route along Ina Road extends east across I-10, but travelling in the opposite
direction, it terminates approximately 1,800-feet west of the intersection with Silverbell
Road (see Exhibit I.H.1: Traffic). Similarly, the bike route along Cortaro terminates
shortly west of the Cortaro-Silverbell intersection. The east- and west-bound frontage
roads of the I-10 are listed as key connecting streets. Additionally, the Santa Cruz
River Park shared-use path (part of The Loop) borders the east boundary of the site
and connects to a multitude of bike routes within the region, including the Cañada Del
Oro River Park located approximately 1.8-miles southeast of the site. The Santa
Cruz River Park shared-use path also connects to Crossroads at Silverbell District
Park and Coyote Trail Elementary School, located northwest of the site (see Exhibit
II.H.5: The Loop Map).
The Loop trail system is an excellent amenity to the project. The Loop provides
abundant opportunity for recreation, leisure and commuting. Future connections to
The Loop through this project will allow residents access to this vital amenity and will
help to attract the interest of trail users and cyclists utilizing other bike paths in the
area. Additionally, The Loop will help to promote healthy lifestyles by encouraging
daily exercise and travel by means of alternative modes of transportation.
There are sidewalks on both sides of Silverbell Road north of Ina Road. South of Ina
Road, the sidewalk on the east side of the ROW terminates approximately 100-feet
south of the intersection whereas the sidewalk along the west side of Silverbell
extends just past an existing curb cut approximately 675-feet south of the intersection
with Ina Road. Ina Road has sidewalks on both sides of the street for approximately
150 to 200-feet east of the intersection of Ina and Silverbell roads. There are no other
sidewalks adjacent to the project area.
I. Recreation and Trails
1.
Open Space, Recreation Facilities, Parks and Trails
As shown on Exhibit II.I.1, there are four parks: Santa Cruz River Park, Crossroads at
Silverbell District Park, Mike Jacob Sportspark and Saguaro National Park (West)
within one-mile of the project site. Both the Santa Cruz River Park and Mike Jacob
Sportspark are under Pima County jurisdiction, whereas Crossroads at Silverbell
District Park is owned and maintained by the Town of Marana and Saguaro National
Park is under federal jurisdiction. Other parks in the area include Wade McLean Park,
a Marana neighborhood park located approximately 1.7 miles northwest of the site
and Ted Walker Regional Park, a Pima County park located approximately 1.2 miles
southeast of the site.
According to the Town of Mara
Master Plan, there are no existing trails within one-mile of the project site except for a
portion of the Santa Cruz River Park shared-use path (The Loop) and the greenway
along Silverbell Road. There are multiple proposed trails within one-mile of the project
site, including the Anza Trail (along the Santa Cruz River Park) and the 5-mile Wild
Horse Wash Trail (Pima Co. Trail #028). The Pima County Regional Trail System
Master Plan also provides an opportunity to develop 4 additional singletrack trails
south of the site, including Belmont Loop (Pima Co. Trail #127), Belmont Rd (Pima
Co. Trail #146), Gas pipeline/Greasewood Loop (Pima Co. Trail #155) and Hardy
Wash (Pima Co. Trail #160).
Exhibit II.I.1: Recreation and Schools
J. Cultural Resources
1.
Location of Resources On-Site
WestLand Resources, Inc. (WestLand) was contracted to conduct archaeological
nature-and-extent testing of the property in February 2012. More specifically,
WestLand conducted the review to identify on-site archaeology and potential historic
properties (i.e., properties listed in or eligible for listing in the National Register of
Historic Places [NRHP]) that have the potential to be affected by the property
development.
Additionally, the AZSITE database was consulted, which includes records from the
Arizona State Museum (ASM), Arizona State University, the Arizona State Historic
Preservation Office, and the Bureau of Land Management, for previously conducted
surveys and previously recorded sites in the project area.
The records search showed that the entire project area was inspected in 1981 and a
portion may have been inspected in 2003. Additionally, the ASM search identified two
historic properties, one determined to be eligible for listing in the National Register of
Historic Places (NRHP), recorded within the current project area. Fifty-five additional
surveys have been completed within a mile of the current project area between 1955
and 2007.
See Exhibit II.J.1: Archaeological Records Search.
Exhibit II.J.1: Archaeological Records Search
K. McHarg Composite Map
Information regarding topography, hydrology, vegetation, wildlife and views has been
combined to form the McHarg Composite Map, displayed as Exhibit II.K.1. The purpose of
the McHarg Composite Map is to highlight areas that are available for development. Refer to
Section III Land Use Proposal for more information on how the site plan
physical constraints.
Exhibit II.K.1: McHarg Composite Map
Section III.Land Use Proposal
A. Purpose and Intent
The Riverside at Silverbell Specific Plan establishes the framework for the development of a
14.7-acre mixed-use commercial and residential community within the Town of Marana, Pima
County, Arizona. The Specific Plan provides a method for applying standards and guidance to
ensure that this development meets the needs of the community while appropriately
responding to and considering adopted plans, adjacent development, the environment and
site-specific conditions.
This Land Use Proposal responds to the site analysis, technical research, and community
values through the use of regulations or controls to resolve any potential development-related
issues. Once approved, the Specific Plan describes the planning considerations for parcels,
imposes controls on the development of such parcels and is detailed accordingly in the final
plat. The boundaries of this Specific Plan are shown on Exhibit II.B.1.
B. Design Principles and Vision
The Riverside at Silverbell Specific Plan is intended to be developed in accordance
with the following goals and objectives:
Provide a gateway to the Town of Marana;
Preserve and feature the natural beauty of the Santa Cruz River to the east;
Provide quality, upscale multifamily housing options in the Town;
Offer recreational and social opportunities for a variety of age ranges and
needs through interconnected pedestrian space including active and passive
recreation and community gathering spaces;
Maximize the spectacular views of Sombrero Peak and the Tucson Mountains
Provide pathways and trails throughout neighborhood providing pedestrian
and bicycle connectivity and access to the Santa Cruz River Park shared-use
path (The Loop);
Focus development toward the Santa Cruz River, where appropriate, to
maximize its cultural and recreational benefits;
Create visually appealing focal points throughout the community; and
Provide view openings of the majestic mountain backdrop and the Santa Cruz
River to foster a sense of place and allow for visual amenity.
C. Relationship to Adopted Plans
1.
Marana General Plan
The Riverside at Silverbell Specific Plan is in agreement with the overall General Plan,
including the following highlighted goals, policies and actions:
General Plan Goal, Land Use and Growth Element: Adopt sustainable
future
ty of life must be sustained for many generations to come. Conserving
open space and protecting undisturbed land promotes an increase in the general
welfare and wellbeing of local residents by providing trails and amenities for recreation
and sport. Open space, including functional landscaping, provides ecosystem
services that reduce negative storm water runoff effects like erosion, protects wildlife
habitat, and improves water quality by allowing debris and pollution to deposit over
undisturbed land. In order for open space to be a viable use, it needs to be
thoughtfully integrated into community design. Providing a diverse mix of uses
interconnected through open space, pathways and trails fosters sustainable
development that can then be linked to nearby existing developments, open space
and recreation areas.
General Plan Policy: Promote a healthy, adaptable local economy that is vital
to high
levels of services and amenities.
General Plan Action: Provide quality urban spaces, parks and
R
recreation, with trails and walkways that serve the community.
Specific Plan Conformance:
Riverside at Silverbell will provide a mixed-use
development that caters to the need for affordable, yet upscale apartments, condos
or townhomes, commercial and retail space. Single-family homes will be prohibited.
There is a lack of adequate housing options in Marana to meet the growing number
of families moving to Marana and those nearing retirement ages. The 2006-2008
is already at retirement age or will be within the next ten years. Demographic data
also shows a high percentage of families located in Marana, which means a range
of housing options should be made available to accommodate residents at all
income levels. Riverside at Silverbell will provide a holistically designed mixed-use
community featuring multi-family housing units combined with service and retail
amenities that support each other. It provides the opportunity for commercial retail
and services to help enhance the quality of life for Marana residents by reducing
their travel times and subsequent carbon footprint. To that end, Riverside at
Silverbell is envisioned as a well-designed mixed-use development with excellent
multi-modal connectivity.
General Plan Goal, Land Use and Growth Element: Provide opportunities for
Any time a development proposes a quality mix of multifamily residential and
commercial uses with a strong emphasis on design and integration, the residents of
both the existing and proposed communities benefit greatly. By co-locating uses on a
single project site, travel times and transportation costs are reduced as well as
developmental impact on the environment. Implicit in the creation of any mixed-use
development is the range of housing types necessary to create a thriving community
that can accommodate affordability for residents of any socio-economic class.
Providing a diverse housing mix ensures land uses such as industrial, commercial,
retail, institutional, civic and office are complemented with a variety of skilled workers;
thus, attracting future commercial and residential development opportunities to the
Town. Additionally, the combination of high-density residential development with a
commercial component helps make the project financially sound by locating residents
nearby services and amenities they are likely to use on a daily basis.
General Plan Policy: Promote new development that is compatible with
existing land uses.
General Plan Action: Establish appropriate land development
R
designations with densities and intensities that complement existing
natural conditions and residential areas.
General Plan Action: Locate commercial and industrial uses for direct
R
access to arterial or collector roads without generating traffic into
housing areas.
General Plan Action: Encourage mixed use development proposals for
R
future Master Planning Areas in Marana
General Plan Policy: Provide opportunities for a variety of housing types
and economic levels.
General Plan Action: Designate a wide range of residential development
R
densities from low density rural to multi-family urban.
General Plan Policy: Provide a development pattern that minimizes public
expenditures.
General Plan Action: Encourage growth in locations where infrastructure
R
capacity exists or can be easily extended.
General Plan Action: Encourage joint use amenities and public facilities.
R
Specific Plan Conformance:
Riverside at Silverbell is located within the Planning
part of the
Southern Growth Area. The area has been targeted as a prime growth area over
the next decade and as a gateway into the Town of Marana. The land use
designation on the property is Commercial, which is inconsistent with its R-36 zoning
designation. Given the already intensive land use designation on the property and on
the other three corners of the intersection of Ina and Silverbell Roads, it is apparent
that a mix of high-density residential and commercial uses is appropriate.
Riverside at Silverbell will feature high-quality design and development that is
compatible with what exists in the area, as well as a range of residential and
commercial options to accommodate homebuyers and businesses at varying
income levels. According to the 2010 General Plan, there is additional Commercial
designated land immediately surrounding the site to the north and west whereas
the vast majority of land to the northwest is designated as Master Planned Area
and Low Density Residential. Several residential subdivisions exist within the master
planned area west of the proposed Riverside at Silverbell project located on the north
side of Ina Road. The Pima County land to the west consists mainly of Low Density
Residential and the Town of Marana land to the south is also designated Low
Density Residential. East of the Santa Cruz River the land is designated Industrial.
Additionally, Riverside at Silverbell is well served by utilities and has excellent
roadway access along two major arterials.
General Plan Goal, Parks and Recreation Element: Provide a system of
developed parks and recreational facilities
Access to parks and recreational facilities is an important part of well-functioning
opportunities to engage
in outdoor activities. Providing trails and neighborhood parks improves the health of
community residents while allowing them to experience the natural beauty of the
Sonoran Desert. Improving the general welfare and wellbeing of communities through
outdoor recreation helps instill a unique sense of place, and pride in the community,
for residents that enjoy the provided amenities.
General Plan Policy: Support the development of recreational facilities in
new residential areas.
General Plan Action: Require neighborhood parks in all new
R
residential developments following standards described in the 2010
Town of Marana Parks, Recreation, Trails and Open Space Master
Plan.
General Plan Action: Require path/trail easements and constructed
R
elements to link neighborhood parks with residences, schools, and the
public path/trail system.
General Plan Action
R
private recreation facilities (neighborhood parks) to the appropriate
standard as defined in the 2010 Town of Marana Parks, Recreation,
Trails and Open Space Master Plan.
Specific Plan Conformance:
Riverside at Silverbell will feature open space, active
recreation areas, pedestrian pathways and trails. Pedestrian and bicycle connections
will be made to the existing Santa Cruz River Park shared-use path as well as to
existing bike routes in the area. Every effort will be made to maximize connectivity to
and activate use of the Santa Cruz River Park shared-use path. Maintenance of the
parks and trails
by Covenants, Codes and Restrictions (CC&Rs).
2.
Marana Strategic Plan
The Riverside at Silverbell Specific Plan supports the following areas of the Marana
Strategic Plan:
Commerce
Construction of proposed mixed-use community will provide jobs as
well as revenue to the Town through construction sales tax, retail sales tax and
development services fees. Although not identified as one of the nine Economic
Activity Centers in the Marana Economic Roadmap, the Riverside at Silverbell
Specific Plan area is located on the west side of the Santa Cruz River across from the
South Marana Activity Center. Riverside at Silverbell presents a unique opportunity to
expand the boundaries of the South Marana Activity Center to provide greater
economic opportunities for the entire area. It provides housing and other supporting
uses for the business park development adjacent to I-10 and will help to retain and
attract future business.
Community
This new mixed-use residential community will provide new housing
choices for a diverse age range in close proximity to the popular Continental Ranch
and Pima Farms areas, attracting new residents to the Town. Additionally, existing
residents will benefit from the greater availability of commercial goods and services.
Careful development of the site as an interconnected network of supporting uses will
enhance access in and around the project area and transform it into a gateway
destination.
Recreation
Future development shall provide a variety of open space and
recreation opportunities for all ages of its residents, ranging from active and passive
recreation areas to existing pathway and trail connections. Access to the existing
Santa Cruz River Park shared-use path and other bicycle and pedestrian paths in the
area provides connectivity within the Town, neighboring jurisdictions and
unincorporated Pima County leading to a wide array of recreational options.
D. Compatibility with Adjoining Development and Location
Restrictions
1.
Adjoining Development Compatibility
Riverside at Silverbell will have no immediate impact to surrounding uses. The land
immediately surrounding Riverside at Silverbell is entirely vacant. The nearest
development is the Bridlewood West subdivision located west of the proposed
Silverbell Crossroads Shopping Center. The Silverbell West R-10 subdivision,
currently under construction, is located adjacent to the western edge of the parcel on
the northwest corner of Ina and Silverbell Roads. There are residential subdivisions
located further to the west and southwest in unincorporated Pima County as well as
light industrial uses located along the east bank of the Santa Cruz River. The site is
bound by the major arterials, Ina and Silverbell Roads on the north and west,
respectively. Land to the east is impacted by the 100-year flood limits of the Santa
Cruz River. There is also a vacant 54-acre parcel, which is owned by Pima County
adjacent to the south boundary.
The 92-acres of land on the north side of Ina Road is planned for mixed-use under the
the Silverbell Gateway Specific Plan. Riverside at Silverbell is also located
approximately three-quarters of a mile southeast of a master planned area with
several subdivisions within one-mile of the project site. The master planned
communities Pima Farms, Continental Ranch and Continental Reserve comprise
much of the developed land to the northwest. Commercial development is also
located nearby at Cortaro and Silverbell Roads and in the Arizona Pavilions at Cortaro
and Interstate 10. The Marana Gateway Center, located just over one-half mile
northeast of Riverside at Silverbell along Ina Road at Interstate 10, will also provide
economic development for the Town. It is a business park development for retail,
office, industrial and general commercial uses that will complement the mixed-use
development in the Riverside at Silverbell. Lastly, the land on the southwest corner of
Ina and Silverbell is planned as the Silverbell Crossroads Shopping Center. All of
these uses will be mutually beneficial in that, together, they will draw more interest
and traffic to the area than they would individually in order to provide a vibrant mixed-
use gateway to the Town of Marana along the critical corridors, Ina and Silverbell
Roads, which connect Oro Valley to Southern Marana and Northwest Marana to West
Tucson, respectively.
E. Conceptual Development Plan
Much of the property around the Silverbell and Ina intersection has remained vacant due to
the economic downturn; this project presents an opportunity to transform this crucial piece of
Ina Road frontage between the Santa Cruz River and Silverbell Road into a thriving gateway
development to the Town of Marana.
that supports the viability of proposed commercial development through the offering of
affordable, yet attractive multifamily housing options. With the scheduled improvements to
Ina Road and the reconstruction of the Interstate 10 traffic interchange at Ina soon to become
a reality, the timing for this vision is rapidly approaching.
As shown on Exhibit III.E.1:Conceptual Development Plan, there is one mixed-use
development area planned for the site. The development area consists of ingress and egress
along Silverbell Road and three access points along Ina Road. Given that the entire 14.7-
acre site is developable, it is envisioned to complement adjacent land uses by providing a
strong mix of commercial and residential uses integrated with multimodal transportation
options at this site. The location is ideal to cater to nearby residents with neighborhood-level
services and amenities as well as serving the regional market due to its close proximity to
Interstate 10 and location at the intersection of two major arterials. This future mixed-use
gateway activity center is appropriate due to its adjacency to the Santa Cruz River and River
Park shared-use path (The Loop), its location along major arterials and its proximity to
existing master planned communities and future residential growth.
The eastern portion of the site, adjacent to the Santa Cruz River, is envisioned as a gated
luxury apartment and townhome community. Proposed townhomes along the eastern
boundary will be oriented toward the Santa Cruz River to maximize scenic and recreational
use of this vital riparian and river path amenity. Pedestrian and bicycle connections to The
Loop, which upon completion will be 131 miles of shared-use paths, are highly encouraged
along the eastern boundary and through the site. Development in the western portion of the
site is envisioned to complement nearby residential land uses and planned commercial and
mixed-use with a commercial concept consisting of a blend of convenience, retail,
entertainment and office space. Commercial uses envisioned within this Specific Plan include
entertainment uses, an assortment of dining establishments, retail shops, office tenants and a
convenience store with gas station. As per the 2010 General Plan, this land is already
designated for Commercial uses, therefore, this location is ideal to cater to nearby residents,
as well as to residents of outlying areas, with neighborhood-level uses such as a specialty
grocery store, pharmacy, post office or bank. This highlights the discrepancy between the
more intense uses called for in the General Plan versus the low density residential, R-36
zoning designation, which currently exists on the site. Both Silverbell and Ina Roads will
make the commercial uses easily accessible to residents in the immediate vicinity and to
commuters ranging from areas to the east, west, north and south.
A preliminary conceptual site plan is included in Appendix A. This site plan is for illustrative
purposes only and should not be relied upon to establish the relative locations of, or distances
between, any depicted facilities. There are a great number of variations of that plan that
could ultimately be utilized on this site. The plan is intended to show the overall concept for
the site in order to provide direction for traffic and civil engineering studies, relationship of
possible structures to surrounding neighborhoods and possible on-site traffic circulation. It is
not to be considered an actual proposed development plan. It is not based on any
engineering or hydrology studies and final development must be in accordance with the rules
and regulations of this Specific Plan. Specific issues having to do with this sites constraints
will be addressed during the Platting and Development Plan process.
F. Circulation Plan
Ingress and egress will be provided from Silverbell Road and from a point along Ina Road
one-quarter mile east of the Ina and Silverbell intersection. This location was chosen to
coincide with the scheduled roadway improvements along Ina Road set to commence by the
end of 2016 and the subsequently planned median opening. Two additional limited access
points will be located along Ina Road to accommodate the commercial component and
convenience store/gas station envisioned for the western portion of the site.
Interstate 10 is approximately 1 mile east of the site and can be utilized for north/south
movements as well as longer trips east and west. North/south movements can also be made
by utilizing Silverbell Road adjacent to the west boundary of the site. East/west movements
can be made by using either Ina Road or Cortaro Road located north of the site. There are
no off-site right-of-ways proposed for the site because access is already established
through Ina and Silverbell Roads.
A Traffic Impact Analysis (TIA) prepared by Curtis Lueck & Associates and submitted under
separate cover is intended to support the land-use proposal for this rezoning project. The study
addresses the potential traffic impacts associated with the proposed Riverside at Silverbell. The
findings in the TIA are based on the development intensity depicted in the preliminary
conceptual site plan included in Appendix A. Any roadway improvements required by the Town
based on the findings of the Traffic Impact Analysis (as approved by the Town) will be the
Additional traffic studies will be required at the development
responsibility of the developer.
plan or platting stages of this project.
If any right-of-way will be dedicated to the Town of Marana, a Phase I Environmental
Assessment must be completed no more than 180 days prior to the dedication of the right-of-
way.
G. Post Development Hydrology
Based on the proposed commercial development of the property, the 100-year peak
discharge for the site will increase from 27 cfs to 75 cfs. It is anticipated that the onsite
generated runoff will drain directly to the Santa Cruz River. No detention/retention
requirements will be applicable (a detention waiver request will need to be submitted to the
Town; and should be approved due to the proximity of the property to the River). In lieu of
iver will be paid to the Town of
Marana in accordance with the Standards Manual for Drainage Design and Floodplain
management. XIV Detention/Retention basins. 14.4 Fees in Lieu of Detention/Retention
Requirements with acceptable calculations to be contain Onsite
stormwater harvesting may be incorporated within the landscaped areas throughout the
development to satisfy a portion of the retention requirements. The site is recommended to
be raised, at a minimum, to the elevation of 2173 feet which is one foot above the adjacent
base flood elevation shown on the FEMA FIRM within the Zone AE floodplain south of the
property (If Critical Facilities are located within this site they should be Elevated to an
Elevation of 2175 or greater), and to remove the area from ponding conditions, as well as to
slope (west to east) in order to drain directly into the Santa Cruz River.
The existing soil cement bank stabilization along the west bank of the Santa Cruz River
extends from Ina Road to approximately 400 feet south adjacent to the subject property. At
this location the 500-foot erosion hazard setback is reduced to a setback of zero; however
due to the fact that the bank stabilization ends south of the property, the 500 foot erosion
hazard setback may extend partially within the eastern portion of the site (dependent on
future geotechnical and hydraulic evaluations).
The offsite flows will continue to drain along the southeastern property boundary, discharging
to the Santa Cruz River as under existing conditions. Improvements (grading and drainage)
will need to be designed and constructed to limit the water surface elevation increase to a
0.1 foot rise maximum on the adjacent property. The erosion hazard setback limit associated
with the wash impacting the southeast property boundary is 50 feet, measured from the base
flood limits.
The site improvements, based on fill to elevate a minimum of one foot above the 100-year
FEMA FIRM elevation (2173 feet) (If Critical Facilities are located within this site they should
be Elevated to an Elevation of 2175 or greater), may result in the need for a FEMA Letter of
Map Revision (LOMR) if the improvements impact the current Zone AE delineation and/or
base flood elevation.
A stormwater pollution prevention plan (SWPP) submitted to the Town of Marana will be
required prior to the issuance of grading permits for the future development of the site.
Post Conditions Hydrology Standards set forth within this Specific Plan shall not prevail in
case of conflict between the Specific Plan and the Land Development Code. Engineering
sections of the Land Development Code, particularly titles 19 and 21 shall take precedence
over and supersede the requirements contained in this specific plan unless such
requirements are deemed more restrictive.
See Exhibit III.G.1: Post-Development Hydrology.
H. Environmental Resources
1.
Waters of the United States
The U.S. Army Corps of Engineers (Corps) has not been requested to make a
determination of the jurisdictional status of drainage features on the property, either
under Regulatory Guidance Letter (RGL) 08-02, in which the Corps determines only
which features have the potential to be waters of the U.S. (Waters) in a preliminary
jurisdictional determination (PJD), or with the use of a significant nexus analysis, in
which the Corps issues an approved jurisdictional determination (AJD) that identifies
the extent of Waters on the property over which the Corps claims jurisdiction. The
presence of potential Waters on the Riverside at Silverbell property is unlikely given
that the Pima County identified wash does not exist on-site, as noted on the SRI.
2.
Federally Endangered Species and Other Special Species
There are no federally endangered species or other special species present on the
However, this area has been determined to potentially contain suitable
project site.
habitat for the Western burrowing owl. The Western burrowing owl is protected under
the Federal Migratory Bird Treaty Act of 1918 and State Law Titles 17-101 and 17-
235. A burrowing owl survey will be required to be performed 30 days prior to
receiving a grading permit. There will be no cost to the property owner for this service
and construction will not be delayed.
3.
Wildlife Corridor
The site has been designed to preserve remnant wash areas and vegetation that may
be utilized as corridors for the movement of wildlife. A search of the AGFD HDMS
identified the presence of 2 wildlife corridors within 3 miles of the specific plan site; the
Coyote Ironwood Tucson Linkage Design and the Tucson - Tortolita Santa
2
Catalina Mountains Linkage Design. This link is depicted by Beier et al. (2006) as
covering broad areas, without specific paths through the areas defined. The Town of
Marana proposed HCP states that the Tucson Tortolita corridor extends from the
western portion of Saguaro National Park to the Tortolita Fan to the east.
I. Landscape & Buffering
The overall landscape theme will reflect the best attributes of the Sonoran Desert and the
-adapted plant material as well as
regionally appropriate hardscape materials will be used within the development area of the
property. Landscape buffers will reflect the desert plant palette and appearance of the native
Sonoran environment.
2
Beier, P., E. Garding, and D. Majka. 2006. Arizona Missing Linkages: Tucson Tortolita Santa Catalina Mountains Linkage Design.
Report to Arizona Game and Fish Department. School of Forestry, Northern Arizona University.
east side. Riparian plant species may be
located along the east side of the property to reflect the nature of the river habitat.
The conservation of water will be an important priority with the landscape design. Water
harvesting techniques will be employed within the project landscape. Rainwater that is
collected or diverted will supplement the water requirements of the landscape plants. An
underground drip irrigation system will efficiently provide water to the plants while minimizing
water lost to evaporation. The majority of plants within the landscape will be desert adapted
and low water use.
1.
Native Plant Preservation
A Native Plant Preservation Plan (NPPP) shall be prepared in accordance with the
provisions set forth in the Town of Marana Land Development Code. The site layout
topography, hydrology, and the wash
running through the site.
J. Utilities
1.
Water
As shown on Exhibit II.B.3.c. Existing Land Uses, there is one well located on the site.
No other wells are located on-site or within 100-feet of the site. The water supply for
Riverside at Silverbell will be provided by Tucson Water which has been designated
by the state of Arizona Department of Water Resources as having an assured water
supply; therefore, water supply is assured. A water service agreement, Exhibit III.J.1:
Water Service Letter, is required to establish service to the property. Off-site
improvements to connect to the existing system, well sites and storage tanks will need
to be considered along with the infrastructure to serve the proposed development.
Exhibit III.J.1: Water Service Letter
2.
Wastewater
The plan is to be served by public sewer. The project site is tributary to the Ina Road /
Tres Rios Water Reclamation Facility, via the Continental Ranch Interceptor.
Capacity is currently available in the existing 12-inch gravity main sewer line, G-2004-
170, which crosses under the intersection of Silverbell and Ina roads at the northwest
corner of the property and downstream from manhole #3271-10.
A Sewer Service Agreement will be needed prior to development, see Exhibit
III.J.2.a: Existing Sewer Facilities and Exhibit III.J.2.b: Wastewater Capacity
Response.
3.
Private Utilities
Tucson Electric Power (TEP) provides electricity to this area of Pima County. It is
anticipated that TEP will provide power to the site.
It is anticipated that Century Link will extend phone service to the site. Alternatively,
the site may use wireless communications that can be provided by any number of
service providers.
It is anticipated that natural gas service will be offered and provided in the
development of the property, but shall not be required. It is anticipated that service
would be provided by Southwest Gas.
Electricity, natural gas, telecommunications and cable services will be extended to the
project site at the time of development through agreements with individual utility
companies. The following utility companies currently serve this area:
Electricity: Tucson Electric Power
Natural Gas: Southwest Gas Corporation
Telephone: Century Link
Cable: Comcast
4.
Sanitation and Recycling Services
A number of private sanitation service providers may be contracted to serve the site
with comprehensive trash and waste removal, recycling and environmentally safe
waste management services.
Exhibit III.J.2.a: Existing Sewer Facilities
Exhibit III.J.2.b: Wastewater Capacity Response
K. Public Services
1.
Police Service
The nearest Town of
Marana police station is the Town of Marana Police Headquarters located
approximately 10.4 miles northwest of the project site at 11555 West Civic Center
Drive.
2.
Schools
It is anticipated that this project will generate approximately 175 residential units if fully
developed at the target residential densities. Riverside at Silverbell is located within
the Marana Unified School District (MUSD).
MUSD provided the following multipliers to use for student enrollment projections.
(MUSD multipliers do not distinguish between different housing projects):
Elementary: 0.25 students per home (0.25 x 175) = 44 students
Junior High & High School: 0.10 students per home (0.10 x 175) = 18 students
The site will be served by Marana High School, Marana Middle School and either
Coyote Trail Elementary, Rattlesnake Ridge Elementary, Twin Peaks Elementary or
Thornydale Elementary.
There are no schools within one-mile of the project site. The nearest public school is
Coyote Trail Elementary School, located approximately 1.3 miles northwest of the site
at 8000 N. Silverbell Road. See Exhibit II.I.1: Recreation and Schools. The nearest
public middle and high schools are Tortolita Middle School, located approximately 2.7
miles from the project area at 4101 W. Hardy Road, and Mountain View High School
located approximately 3.6 miles to the northeast at 3901 W. Linda Vista Boulevard.
Table III.K.2: School Capacities & Enrollments
School Current Enrollment
School
Capacity (2013-2014)
Marana High School 1900-2200 1864
Marana Middle School 1200 1150
Rattlesnake Ridge Elementary 800+ 660
Twin Peaks Elementary 800+ 510
3.
Fire Service
The entire project site is currently within the Northwest Fire District. The Northwest
Fire District also serves immediately adjacent areas to the north, east, south, and
west of the site.
As depicted in Exhibit III.K.3: Fire Service, the nearest fire station (Northwest Fire
District Station #334) is located at 8165 N. Wade Road, approximately 2 miles
northwest of the project site.
Exhibit III.K.3: Fire Service
L. Recreation and Trails
1.
Provision of Recreational Area
Per the Town of Marana Land Development Code requirements, residential projects
with a gross density greater than or equal to 3.0 residences per acre and containing
50 or more dwelling units shall provide an improved on-site recreation area,
The Riverside at Silverbell will have a
residential density of up to 24 RAC which will necessitate the provision of a functional
recreation area and trails. The use of both active and passive recreational elements
is strongly encouraged as well as the option for indoor recreation space associated
with a multi-family development. Riverside at Silverbell intends to provide recreational
spaces to enhance the quality of life for its residents and provide for a more
aesthetically pleasing mixed-use environment.
Riverside at Silverbell will offer outdoor recreational amenities with the option to
provide indoor recreation as well. Placement and design of outdoor park areas should
create visual focal points that encourage active recreational engagement and
community gathering. The amenities and uses of the park may include: informal turf
area, seating and shade,
and courts, desert landscaping, walks and paths. As shown on the Illustrative Site
Concept provided in Appendix A, the site will accommodate an active recreation area
as part of any proposed residential development, which may include a clubhouse or
similar indoor recreational facility. Proposed commercial areas also provide
opportunities for outdoor gathering spaces, courtyards, plazas, informal shaded
seating areas, pedestrian pathways and promenades. Riverside at Silverbell will offer
at least one distinct connection to the Santa Cruz River Park shared-use path (The
Loop).
The Santa Cruz River and The Loop are excellent amenities to the project. The Loop
trail system currently offers over 100 miles of shared-use paths and upon completion
will total 131 miles. The Loop provides abundant opportunity for recreation, leisure
and commuting. Adjacent to the eastern boundary of the site, the Santa Cruz River
offers views of birds and other desert wildlife. Connections to the Santa Cruz River
Park shared-use path are strongly encouraged from points throughout the community.
Future connections to The Loop through this project will allow residents access to this
vital amenity and will help to attract the interest of trail users and cyclists utilizing other
area bike paths.
2.
Open Space Ownership
Preservation of natural open space, as well as maintenance of modified open space
(common area) within Riverside at Silverbell, shall be the responsibility of the Master
3.
Off-Site Trail Access and Maintenance
The Santa Cruz River and the River Park shared-use path (The Loop) are a valuable
amenity for this proposed mixed-use community. The Loop will eventually be built on
the east riverbank to complement the already existing paved shared-use path on the
west bank. This portion of The Loop will also be improved as part of the Juan
Bautista De Anza National Historic Trail which will extend from the Arizona-Mexico
border all the way to San Francisco, California. Attached residential development
along the eastern boundary will provide pedestrian connections to The Loop shared-
use path; a connection to the river path can also be accommodated in the northeast
corner of the site. In the event that commercial retail development is located along the
eastern boundary, inviting outdoor gathering spaces, seating and shade are
encouraged. As shown on the Illustrative Site Concept in Appendix A, a strong
pedestrian connection to the Santa Cruz River such as a landscaped promenade
should also be provided through any development that extends into the central portion
of the site.
M. Cultural Resources
The project site contains significant prehistoric resources according to the Cultural Resources
Report conducted by WestLand Resources in February 2012.
the site was home to a sprawling Hohokam settlement that dates primarily to the Classic
period (A.D. 1150-1450). According to WestLand, the site has been determined eligible
under Criterion D for inclusion in the National Register of Historic Places (NRHP). Avoidance
or Phase II archaeological data recovery is recommended for Areas 1 and 2a identified in the
Cultural Resources Report submitted under separate cover. WestLand recommends a
Phase II data recovery plan be prepared and approved prior to implementing Phase II data
recovery. All archeological work must be completed prior to issuance of a grading permit.
Section IV. Development Regulations
A. Purpose and Intent
These regulations will serve as the primary mechanism for the implementation of the
Riverside at Silverbell Specific Plan. The following Development Regulations and Design
Guidelines establish the intensity and character of the development by prescribing site-
specific standards that are tailored to the unique qualities of the project. The regulations
contained within this section provide an appropriate amount of flexibility to anticipate future
needs and to achieve compatibility with surrounding land uses.
These development regulations permit the integration for a mixed-use community with
commercial retail, employment, entertainment, and single-family attached and multi-family
housing options. Single-family detached residential development shall be precluded from
Riverside at Silverbell. The regulations and standards shall apply to the Riverside at Silverbell
Specific Plan. The land use designation (planning area) within the Specific Plan shall be as
follows:
Mixed-Use
The development regulations will govern and provide regulatory zoning provisions for the land
use density, intensities, and location criteria within the Riverside at Silverbell Specific Plan.
This section includes standards related to base land use, property use, building setbacks,
building heights and lot coverage. The intent of these standards is to establish clear minimum
development standards, allow for the orderly progression of development, and to provide
flexibility over time without compromising the goals and objectives for this specific plan.
B. General Provisions
1.
Applicable Codes
If an issue, situation, or condition arises that is not addressed by this Specific Plan,
the applicable portions of the Town of Marana Land Development Code that are in
place at the time of development shall apply.
All construction and development within the Specific Plan area shall comply with
applicable provisions of various codes and regulations adopted by the Town of
Marana including, but not limited to, building codes, mechanical codes, electrical
codes, plumbing codes, fire codes, and grading and excavation codes current at the
time of development.
2.
Additional Uses
Whenever a use has not been specifically listed as being a permitted use in the
particular zone classification within the Specific Plan, it shall be the duty of the Town
Planning Director to determine if said use is consistent with the intent of the
designation and compatible with other listed permitted uses.
3.
Temporary Uses
Temporary uses conducted in connection with the development of the property shall
be permitted.
Such uses may include, but are not limited to:
Construction/storage yards
Temporary construction offices and trailers
Fencing
Construction roads
Temporary model units or temporary model unit complex with parking
Temporary sales office
Seasonal retail sales
4.
Mix of Uses
The following shall be applied to the overall site:
Permitted uses are encouraged to be mixed both horizontally and vertically,
subject to applicable building safety codes and regulations;
When practical, multi-story mixed-use buildings shall consist of up to 50 percent
ground floor non-residential building area.
C. Development Standards
1.
Mixed-Use Land Use Designation
a. Permitted Uses:
Apparel, furniture and appliance stores
Art gallery, museum, artist studios
Assisted living centers/ group homes/ nursing home/ adult daycare/ continuing care
facility
Automotive supplies/ service stations and car wash
Self-serve car washes with multiple bays are prohibited.
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Banks and financial institutions, including drive-through and outdoor teller facilities
Limited to a maximum of three (3) drive-through service lanes, with one (1)
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restricted drive through automated teller machine (ATM) service only.
Standalone outdoor teller facilities not associated with an indoor bank or
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financial institution are prohibited.
Barber and beauty shops
Bars and cocktail lounges (independent or part of a restaurant or hotel)
The minimum setback shall be 25 feet unless adjacent to non-residential
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uses, in which case, no setback is required.
Bicycle shops
Carpentry, upholstery & furniture repair
Day care centers, subject to:
The minimum lot size required for a child care center is 10,000 square feet.
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There is no minimum for adult day care.
The maximum building size is 4,000 square feet.
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The minimum setback for child care is 25 feet (applies to all subject property
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lines). There is no setback required for adult day care.
Churches, temples, and other places for religious services, subject to:
The minimum building setback is 50 feet unless adjacent to a non-residential
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use, in which case, no setback is required.
A minimum site area of 2 acres is required.
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Clinics: medical, dental, and veterinary
Clothes cleaning, pressing, and tailoring shops
Clubs, health, fitness, sporting, lodge, fraternal organization and similar uses
Commercial retail
Corporate and regional headquarter facilities and offices
Drug stores
Educational facilities (private or public)
Elementary and secondary charter schools, subject to:
A maximum lot size of 3 acres.
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The minimum setback shall be 25 feet unless adjacent to non-residential
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uses. No setback is required adjacent to another non-residential use.
The use of loudspeakers, amplifiers or similar equipment is not permitted on
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the school site if located within 100 feet of a residential use.
Florist shops
Food and beverage kiosks/coffee shops/cafes
Food stores, including delicatessens, candy stores, and dairy product sales
Fuel dispensing facilities
General merchandise sales
Hardware stores
Hotel, motels and lodging facilities
The minimum setback shall be 25 feet unless adjacent to non-residential
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uses, in which case, no setback is required.
Live/work units
No more than 75 percent of the total building square footage on the lot may
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be devoted to the work unit.
One additional motor vehicle space is required per Live/Work unit in addition
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to the residential requirement. Live/Work units shall be subject to non-
residential development standards.
Medical, professional and general business offices
Multi-family residential
Office equipment sales and service
Package liquor stores
Pet and pet supply stores
Personal services
Plant nurseries, greenhouses and home and garden supplies
Public service facilities (government, civic, utility)
Repair shops for appliances, bicycles, etc.
Restaurants, cafes including carry-out establishments, drive-through facilities, and
other similar uses
Retail
Department stores
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Variety stores
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Recreational and Culture
Commercial recreation and athletic facilities
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Conference and convention centers
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Cultural and education services
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Health fitness centers and dance studios
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Indoor recreation
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Other recreational type uses and facilities
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Schools of business, language, music, dance, and art (may require reasonable
soundproofing)
Activities may be conducted outdoors if developed adjacent to non-residential
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uses.
Services:
Blueprinting and photocopying
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Financial accounting, auditing, bookkeeping, tax consultation, etc.
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Printing, lithographing, publishing
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Shoe repair shops
Single-family residential (attached)
Stationery stores
Supermarkets and grocery stores
Veterinary clinic, small
Such other comparable uses as determined by the Planning Administrator
b. Accessory Uses-
the following accessory uses shall be permitted in conjunction with
all permitted residential uses; accessory uses not listed below, but contained in Title 5
of the Land Development Code are also allowed:
Community center
Community identification elements
Garage, carport or enclosed storage
Home occupations in accordance with the Town of Marana Land Development
Code
Recreation buildings which are part of a multi-family development
Sports courts
Spas and related structures
Theater, not including drive-in
Allowed only as a recreational amenity for multifamily residential projects
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c. Prohibited Uses:
Contractor's yard
Heavy equipment sales or lease
Heavy industrial uses
Light industrial uses
Manufacturing
Processing
Self-storage
Single-family residential (detached)
Wholesaling and warehousing
Wireless communication facilities
2.
General Development Standards
Development within Riverside at Silverbell shall be subject to the following development
standards:
Table 1: Single-Family (Attached) and Multi-Family Residential Development Standards
Land Use Designation
Mixed-Use
Land Use Category
Single-Family Attached Multi-Family
Maximum Gross Density
30 RAC 30 RAC
Minimum Area per
None None
dwelling unit
Maximum Building Height
60 60
(feet)
75 (with mixed-use)
Maximum Lot Coverage
85 85
(%)
Minimum Lot Width (feet)
None None
Minimum Lot Depth (feet)
None None
Minimum Lot Setbacks
None None
Minimum Perimeter Building Setbacks (Feet)
Adjacent to Same or
0 0
More Intense Land Use*
Adjacent to Less Intense
N/A 10 or 1½ Building Height
Land Use*
(whichever is greater)
Arterial Street Setbacks
20 20
Street Setbacks
10 10
Minimum Building
Per building code requirements Per building code requirements
Separation
Parking Requirements
See Section IV.C.3: Parking Regulations and Town of Marana Land
Development Code
Table 2: Non-Residential Development Standards
Land Use DesignationMixed-Use
Commercial, Retail, Office
Land Use Category
75
Maximum Building Height
(feet)
90
Maximum Lot Coverage (%)
None Required
Minimum Lot Width (feet)
None Required
Minimum Lot Depth (feet)
None
Minimum Lot Setbacks
20
Arterial Street Setbacks
10
Street Setbacks
Minimum Perimeter Building Setbacks (Feet)
0
Adjacent to Same or More
Intense Designation or Use*
10 or 1½ Building Height
Adjacent to Less Intense
Designation or Use*
(whichever is greater)
Per building code
Minimum Building Separation
requirements
See Section IV.C.3: Parking
Parking Requirements
Regulations and Town of
Marana Land Development
Code
*For purposes of perimeter setbacks, the land uses allowed within Riverside at Silverbell
are listed below within generalized categories in order of most to least intense.
Retail/ Commercial/ Office
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Multi-Family Residential
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Single-Family Residential Attached
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3.
Parking Regulations
Unless contained herein, the Town of Marana Land Development Code parking standards shall
govern except for the following:
Parking shall be shared when multi-use development occurs on a single site. For each
separate use or business, a ten percent reduction is allowed.
Parking shall be shared on two separate properties provided that no shared parking
space is greater than 1,200 feet from the entrance of either use and that legal and
physical access is provided.
Along the Ina and Silverbell Road frontages, no more than 40% of the required parking may
be located along the front and sides of the proposed building(s). Individual Parking
Reduction Plan (IPRP): The Planning Director may approve a modification to the number
of required motor vehicle parking spaces on new and existing sites through an IPRP.
Applicability
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The provisions of the IPRP apply to:
Proposed development and redevelopment of a site;
Changes of use in existing development; and,
Any expansion of an existing use or any addition of a use to an existing
development.
Permitted Uses and Types of Development
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A proposal must include one or more of the following uses or types of
development:
Combined residential and non-residential development in a single structure
or unified development project;
Projects within 1,320 feet (1/4 mile) of a transit stop or public parking facility;
Religious uses where the parking plan will accommodate weekend and
evening use;
Residential care services or housing developments for the elderly or
individuals with physical disabilities;
A project that can accommodate shared parking arrangements for uses with
alternate hours of operation and peak-use times.
A development may request a reduction in its existing parking when surplus
spaces could be conveyed to benefit another use. The parking may
continue to be used in its current configuration except where a public safety
hazard is created or adjustments in parking space dimensions are required.
Exception. Restaurants and bars (Food Service and Alcoholic Beverage
Service uses) are not eligible to request an IPRP unless the restaurant or
bar is within a multiple or mixed-use development and the applicant
provides evidence that motor vehicle parking is provided at one space per
100 square feet gross floor area and outdoor seating area for restaurants
and one space per 50 square feet gross floor area for bars during peak use
times.
Individual Parking Reduction Plan Requirements
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An IPRP must include the following information:
Preparation by a traffic engineer or similar transportation professional;
Number of required and proposed parking spaces. Indicate the data source
(i.e. traffic study, parking plan, ITE trip generation manual, Land
Development Code, etc.) used in establishing the number of proposed
parking spaces;
Location of parking spaces, including accessible parking spaces;
Existing and proposed site conditions and uses, including any available on-
street parking;
Site access and traffic circulation patterns;
Location and distance from the project site to existing residential
neighborhoods;
Availability, location, and distance to alternate modes of transportation;
Hours of operation and peak use time(s) of each use;
Evidence that all required parking for the proposed uses will either be on-
site or at an approved off-site parking location;
Existing and proposed shared parking agreements, when applicable. The
shared parking agreement must be prepared in a manner acceptable to the
Planning Director;
For projects within 300 feet of a residential or more restrictive zone, the
IPRP project must address how the proposal will not cause a safety hazard,
noise, or parking impacts on an adjacent existing neighborhood. The IPRP
shall include the following:
1) Methods to avoid potential increases in noise and light intrusion;
2) Methods to deter vehicular access into adjacent residential
neighborhoods using signage or other means; and
3) Methods to prevent drive-through traffic or habitual parking
within adjacent residential neighborhoods or commercial
development.
Any other information deemed appropriate by the Planning Director
including a traffic study.
Findings for Approval
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The Planning Director may approve an IPRP if all of the following criteria are met
in the IPRP and documented in findings:
The zone permits the proposed use(s);
All parking is provided on-site or at an off-site location in accordance with
the dimensional standards contained in the Town of Marana Land
Development Code, Off-Street Parking and Loading requirements;
For multiple or mixed use projects, the site can accommodate shared
parking arrangements for uses with alternate hours of operation or peak use
times;
Site access and traffic circulation are not obstructed;
Building Code have not been reduced or eliminated;
Vehicular access, drive-through traffic, and habitual parking in adjacent
commercial development and residential neighborhoods is deterred; and
Light intrusion onto an adjoining residential use or zone is not created.
Outdoor lighting shall comply with the Town of Marana Outdoor Lighting
Code.
Review and Approval Procedures
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Notice will be given to Riverside at Silverbell residential property owners
within 300 feet of the proposed IPRP. Such notice shall be mailed by US
Postal Service 1st class and shall be postmarked at least 15 days prior to
A Decision for an IPRP shall follow the
confirmation to the applicant.
Amendments
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A revised IPRP is required when one or more of the following occurs:
A change of use to a more parking intensive use or different hours of
operation or peak use times than the use shown on the last approved IPRP;
An expansion of a building; or,
An expansion of a use that is more parking intensive than the use it is
partially or entirely replacing.
The parking or the mitigation methods as set forth in the existing IPRP no
longer comply with one or more of the required findings for approval as
provided in the section above.
Handicap Parking spaces shall be in conformance with the Americans with Disabilities
Act (ADA), the Building Code, ICC/ANSI and ADAAG both in dimension and in quality for
specific uses.
Mixed use parking: For multi-story residential and non-residential uses, parking shall be
provided at a rate of 1 space per 1-bedroom apartment, 2 spaces per unit for each 2
bedroom apartment or larger with no less than one space per unit being provided. In
addition, 1 guest space per three unitsshall be provided. Parking may be provided off-
site or by a shared parking agreement.
Residential Parking
Unless contained herein, residential parking Standards shall be in accordance with the
standards delineated in the Town of Marana Land Development Code.
Non-Residential Parking
Unless contained herein, non-residential parking Standards shall be in accordance with the
standards delineated in the Town of Marana Land Development Code.
4.
Landscape Buffering and Screening Standards
Land use transitions are required to ensure that the surrounding land uses and permitted
residential uses adjacent to permitted non-residential uses are buffered appropriately
throughout the development. The proposal is to enhance landscaping and screening walls
between these uses. The following is a list of general guidelines for land use transitions.
Where a parcel abuts open space, there shall be no bufferyard requirements.
Where a parcel abuts a public street, the minimum landscape buffer shall be 10-feet wide
with a minimum 5-foot high decorative masonry wall except for commercial and attached
residential. All or part of the buffer may be within the right-of-way subject to Riverside at
Silverbell Design Review Committee (RSDRC) and Town of Marana Right-of-way
Licensing approval and site visibility requirements.
Bufferyards may be used for passive recreation, and may include recreational trail,
seating and public art. All buffer requirements, including required plants and screening
shall be met.
Refuse areas and loading areas shall be screened from adjoining properties and public
right-of-way in accordance with Town of Marana Land Development Code standards or
as otherwise specified within this Specific Plan.
The perimeter of all commercial parking lots shall be screened in accordance with the
Commercial Design Standards of the Town of Marana Land Development Code.
5.
General Landscape Program
A landscape-planting theme will be established, creating a community framework for all
common and public areas. The intent of this landscape theme is to provide high-quality
landscape criteria for building sites, rights-of-way and open space within the development.
The purpose of the landscaping is to soften and blend features between sites to create
visual corridors and connections to the project. Impacts shall be mitigated using these
standards to ensure that:
To the greatest extent practical, landscaping shall be integrated with building design in
internal areas of the site. Consideration shall be given to plant materials, types, growth
rates, canopy size and required maintenance in relationship to building location,
operation, site lines and site utilities;
A variety of plant materials shall be incorporated, including indigenous, low water use
vegetation;
The use of climbing plant materials along walkways and on trellises and pergolas is
encouraged;
All walls and fences shall be painted, stained, or contain integral color. Uncolored gray
block walls will not be permitted;
A minimum tree size of 15 gallons shall be required for all trees.
Trees that produce large canopies and provide shade are especially encouraged in
parking zones;
All planter areas within parking lots shall be provided with trees at the rate of not less than
one tree per eight parking stalls;
All landscape areas shall be irrigated using an underground drip irrigation system. Use of
turf is prohibited except within park areas. Water should be from a non-potable water
source where possible;
All irrigation shall be designed and maintained to be as efficient as possible. This shall be
implemented with the following:
Drip irrigation for trees, shrub beds and areas of ground cover to eliminate
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evaporation losses;
Efficient sprinkler irrigation that may employ low volume heads and a high
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irrigation efficiency rating;
Trees within landscape areas should be sited and spaced to avoid conflicts with overhead
light fixtures;
Landscape plans shall be coordinated with above- and below-ground utilities to avoid
conflicts at the time of installation;
The majority of new landscaping shall be listed by the Arizona Department of Water
Resources/Town of Marana approved plant list and/or low-water use once established;
and
All common areas shall be maintained by the HOA and regul
D. Design Guidelines
1.
Purpose and Intent
Each Planning Area is to provide for a mix of uses that foster retail service,
employment and high-density residential housing for the Town of Marana. The intent
of these design guidelines is to ensure compatibility between uses and the proposed
development standards for commercial and residential development. These
guidelines will be applied to the Mixed-Use planning area where appropriate, and in
some cases, the guidelines will require review by the Riverside at Silverbell Design
Review Committee (RSDRC) and Town of Marana staff to ensure compatibility with
2.
Applicability
Commercial and residential design guidelines contained in this Specific Plan take
precedence over the General Development Regulations set forth within Title 8 of the
Town of Marana Land Development Code. Standards set forth within this Specific
Plan shall prevail in case of conflict between the Specific Plan and the Land
Development Code.
3.
Design Review Committee
The Master Developer will be responsible for establishing the Riverside at Silverbell
Design Review Committee (RSDRC). This Committee will consist of a minimum of
five members responsible for review and approval of architectural styles, screen wall
design, entry features, landscape plans, utility design and construction, and signage
design. The committee will have approval authority on these matters until such time
that the property is entirely transferred from the Master Developer or is assigned to
Builders within the project.
4.
Single-Family Residential Attached and Multi-Family Residential
Guidelines
The following residential design standards for the single family attached and multi-
family buildings shall be applied to all residential development.
a. Site Planning:
Development should be planned to maintain view corridors from the interior of
the site as well as from Ina and Silverbell Roads to protect existing views and
maximize the feeling of open spaces. Design approaches include open-air
courtyards, ground floor view openings in or in between buildings, road
orientation toward open areas, and bulk reduction of the upper stories of
buildings.
Where feasible, utilize grading; curb cutting, and drainage techniques to
maximize water harvesting.
Building placement on adjoining parcels should be varied to create a more
interesting streetscape.
Pedestrian and bicycle connections should be made to existing and planned
bicycle and pedestrian paths in the area with emphasis on The Loop.
b. Architectural Design Guidelines:
-
detailed urban environment by establishing a broad variety of buildings, heights,
architectural form and detail. Scale, proportion, and massing should also
establish architectural patterns or features that relate to adjacent developments.
Large areas of undifferentiated or blank building facades or out-of-scale buildings
should be avoided. Varying proportions are encouraged. The building design
and street level architectural details should reinforce active streetscapes and be
of visual interest to pedestrians.
Building design shall incorporate textured surfaces, projections, recesses,
shadow lines, color, window patterns, overhangs, reveals, changes in parapet
height to avoid monolithic shapes and surfaces.
A variety of colors, heights and setbacks are encouraged to avoid unarticulated
building facades.
For vertical mixed-use buildings, first floors should have a significant portion of
the facade area with windows that highlight visible activity within and outside the
building. All retail floor space, or space intended for future conversion to retail
floor space, provided on a ground floor of a mixed-use building should have a
minimum floor-to-ceiling height of 11 feet.
All rooftop mechanical equipment shall be screened by incorporating screening
into the structure and by utilizing materials compatible with the supporting
building. It shall be screened in a method, such as line of site sufficient enough to
ensure no adjacent properties are negatively affected by either their appearance
or any noise generated by this equipment.
Integration of fabric/canvas awnings, flat metal awnings, and trellises is
encouraged.
The maximum length of continuous, unbroken fence or wall plane shall be 75
feet. Walls shall be articulated using a combination of decorative columns,
diversity in texture and/or materials, offsets, or landscape pockets.
The use of chain link fencing or exposed cinder block walls is not permitted.
c. Materials:
The following section provides guidance on approved material types, colors, and
treatment.
The use of cast stone lintels, corbels, arches, stone detailing, entablatures,
friezes, columns and other such elements are encouraged. Other materials
include:
Adobe brick or brick veneer
R
Smooth or Sand Finish Stucco
R
Stone veneers and faux stone products on building facades
R
Integrally colored and painted concrete masonry units (CMU's). Smooth
R
and split-face units of four, six, and eight inches tall.
Vision and spandrel glasses
R
Ornamental metal fencing
R
Standing seam metal roofing
R
Shade cloth screening
R
Cast stone concrete caps
R
Rusted steel accents
R
5.
Commercial Design Guidelines
The commercial design guidelines shall be in conformance with Title 8 of the Land
Development Code, General Development Regulations. Additional commercial
design guidelines have been added to provide further design and development
criteria for Riverside at Silverbell.
Live/work units and vertical mixed uses may be incorporated.
First floors of buildings should have a significant portion of the facade area with
windows that highlight visible activity within and outside the building. All retail
floor space, or space intended for future conversion to retail floor space, provided
on a ground floor of a mixed-use building should have a minimum floor-to-ceiling
height of 11 feet.
Proposed outdoor seating areas shall be 100 feet or more from residential
properties unless separated by a building. Combined residential and non-
residential development in a single structure or unified development project is
exempt from this finding.
Outdoor loudspeakers or music (live or recorded) must be 500 feet or more from
residential properties.
Energy conservation techniques should be considered during site planning.
Blank walls void of architectural details or other variation are prohibited. All
facades should have a varied design to avoid a monolithic appearance and break
down the building into smaller sections or a more pedestrian scale with each side
or section varying in its architectural features, type, material, and or color.
Frame major project entries with structures, enhanced landscaping, distinctive
entry features and/or public art.
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.
All public art should generally reflect the character, heritage and traditions found
in the southwest.
All potential public art improvements will be reviewed and approved by the
RSDRC. Installation will be supervised by the RSDRC and there will be
correspondence with the Town of Marana Planning Department.
6.
Monumentation and Signage
The Master Developer will work with the Planning Director regarding the possible
dedication of property at the northeast corner of the property. If it is decided that the
monument signage. Additionally, any entry monumentation into Riverside at
Silverbell along either Ina or Silverbell Roads will be coordinated with the Planning
Director for compliance with all applicable signage guidelines. In order to ensure
installation of a safe and visually appealing signage program with unifying elements,
a comprehensive planned sign program (PSP) will be submitted at the time of
Subdivision Plat or Development Plan review and shall be subject to Town of Marana
signage regulations.
7.
Lighting
All lighting shall adhere to the Town of Marana Outdoor Lighting Code.
8.
Recreation, Bicycle and Pedestrian Circulation
As part of the platting and development plan review process, a proposed recreation,
bicycle and pedestrian plan will be submitted that describes the proposed trail
connections and any other recreational features to be provided as part of the Specific
Plan
a. Pedestrian and Bicycle Connections
Pedestrian access will be required throughout the development. All public rights-of-
way will be constructed to Town of Marana Street Standards, and where bicycle lanes
are required, all on-street bicycle lanes shall be built in conformance with Town
standards. In addition, the following will be incorporated into the Specific Plan:
A continuous network of on-site pedestrian walkways will be provided to allow for
direct access and connections to and between the following:
The Santa Cruz River Park shared-use path (The Loop);
R
The primary entrance or entrances to each commercial building on the site;
R
Any sidewalks or walkways on adjacent properties that extend to the
R
boundaries shared with the commercial development;
Public sidewalks along the perimeter streets adjacent to the commercial
R
development;
Adjacent land uses and development, including, but not limited to, adjacent
R
residential developments and retail shopping centers; and
Shading along pedestrian paths will be provided.
R
At each point that a designated on-site pedestrian walkway crosses a parking lot,
street or driveway, the walkway will be clearly visible to pedestrians and
motorists through the use of one or more of the following delineation methods:
A change in paving material, paving height or paving color;
R
Decorative bollards;
R
A painted crosswalk;
R
Signage; or
R
A safely delineated median walkway buffered by landscaping.
R
b. Proposed Pathways and Trail Connections
An interconnected system of pathways throughout Riverside at Silverbell will connect to
The Loop along the eastern boundary as well as to the Silverbell Road Greenway, bike
lanes and other paths in the area. The Loop provides an opportunity for residents to
engage in active recreation, leisure and commuting in addition to offering a cool,
shaded, respite from the Arizona sun.
Additional connections to The Loop shared-use path combined with passive
recreational elements or outdoor gathering spaces are also encouraged along the
eastern boundary as shown on Exhibit IV.D.8: Proposed Bicycle and Pedestrian
Circulation. The proposed connections to The Loop are conceptual; final locations
will be determined during the platting/development process.
Pedestrian and multi-use paths will also be constructed within Riverside at Silverbell
to provide a safe pedestrian network throughout the community and to neighboring
areas. The following multi-use trail standards shall apply:
Multi-use paths covered in natural substrate such as decomposed granite will be
constructed with 8- to 10-feet of right-of-way within a 20-foot common area.
Paved multi-use paths will be constructed with 12- to 15-feet of right-of-way
within a 20-foot common area.
All trails will be subject to review by the Town of Marana staff.
E.Definitions
A
accessory structure: a structure, or part of a structure, that is (1) incidental to and
customarily associated to the main structure on the site, and (2) located on the same
lot as the principal building.
architectural feature: an ornamentation or decorative feature attached to or
protruding from an exterior wall. Features include, but are not limited to windows
(e.g. bay windows), chimneys, columns or awnings.
attached housing: a building containing 2 or more dwelling units.
B
banking and financial institutions: a financial institution that engages in deposit
banking and closely related functions such as making loans, investments, and
fiduciary activities. Drive-up windows and drive-thru automated teller machines
(ATM) are permitted as an accessory use.
building height: The vertical dimension of a structure measured from a specified point
on the ground.The vertical distance of a building is measured from design grade
elevation, at any individual point within the building footprint, to the highest point of a
flat roof; to the deck line of a mansard roof; or to the middle (between the eave and
ridge) of the highest gable of a pitched or hipped roof.
C
child care facilities: a commercial or non-profit facility that provides shelter, care,
activity, and supervision of children for periods of less than 24 hours a day and is
licensed by the state.
commercial retail: retail sales of any article, substance, or commodity within a
building or structure. Commercial retail uses include, but are not limited to:
convenience stores, gasoline service stations, package liquor stores, grocery stores,
drug stores and home improvement stores, laundry services and retail shops.
communication facilities or telecommunication towers: a structure on which there are
electronic facilities for receiving or transmitting communication signals.
community center: a meeting place used by the community in which community
members may gather for social, educational, recreational or cultural activities. Uses
include recreation, a fitness center, meeting areas, and small food and beverage
areas such as cafés. Community center use may be restricted to dues paying
members.
condominium: a single dwelling unit in a multi-unit dwelling or structure, which is
separately owned and which may be combined with an undivided interest in the
common areas and facilities of the property.
convenience store: any retail establishment offering for sale gasoline and a limited
line of groceries and household items intended for the convenience of the
neighborhood. Automotive washing is permitted as an accessory use as long as it is
limited to a single wash bay.
D
detached housing: a site-built building containing only one dwelling unit. This use is
not permitted within the Specific Plan area.
E
educational facilities (public and private): an institution for the teaching of children or
adults including primary and secondary schools, colleges, professional schools, art
schools, trade schools, and similar facilities.
entry monuments: primary points of vehicular entry into the property that are
enhanced with Landscaping, architectural treatments and lighting.
F
financial services: Accounting, auditing, bookkeeping, tax consultation, collection
agencies, credit services, insurance and investment, security and commodity
brokers, dealers and exchanges, insurance and financial planning.
G
group homes: a residential structure that is licensed to provide room, board, and
supervised care on an on-going basis, but who do not require continuous nursing
care, for adults over the age of 18 who are aged, mentally ill, developmentally
disabled, physically handicapped, or undergoing treatment or rehabilitation from
chemical dependency.
H
home improvement centers: the retail sale of a diverse range of hardware and
related materials generally used in the maintenance, repair, or construction of
building or other structures, including lawn and garden supplies.
I K
L
Landscape buffer: consists of a land area between two separate land uses consisting
of vertical screening treatments such as plants, berm, fences and or walls to ensure
compatibility between uses and allow for appropriate land use transitions.
Live/work occupation: An occupation or activity which is clearly incidental and
secondary to uses of the premises as a dwelling and which is carried on wholly or in
part within a main building or accessory building by a member of the family who
resides on the premises. A home occupation use shall not change the residential
character of the property or the neighborhood and shall meet all applicable legal
requirements.
lodging facilities: a building in which lodging is offered for compensation for a period
of less than 30 days. This use includes hotels, motels, inns, and bed and breakfast
residences, but does not include group homes and boarding houses.
lot coverage: The area by percent (%) of the site to be occupied by buildings,
driveways and accessory structures.
M
manufacturing: Manufacturing is the assembling, finishing, and compounding of
preprocessed materials into a finished product or component. Manufacturing shall
be limited to indoor uses. Typical uses include the assembly of furniture, cloth
goods, and plastic goods and the compounding of chemicals not otherwise classified
as hazardous materials. Other types of manufacturing may include, but are not
limited to: electronics, instruments, office and machinery, pharmaceutics,
laboratories, manufacture and maintenance of signs novelties and holiday
paraphernalia, rubber and metal stamps, furniture and upholstering, candy, canvas,
cellophane, cloth, cork, felt, fiber, fur, glass, leather, paper, precious or semiprecious
stones or metals, plaster, shells textiles, wood, yarns.
Master Developer: The entity responsible for: (1) Establishing the Riverside at
Silverbell Design Review Committee (RSDRC); (2) assuring that development
conforms to the Riverside at Silverbell Design Guidelines and Development
Regulations; and (3) designating the custodial agency that will maintain natural
undisturbed set-aside areas in accordance with the Management Program.
mixed-use: a tract of land, building, or structure developed for two of more different
uses such as, but not limited to, residential, office, retail, public, or entertainment.
The mix of uses may occur either on the same tract of land, but compartmentalized
into separate buildings, or, located within the same building (e.g. retail on the first
floor and office or retail on the floors above the retail).
multi-family: a dwelling that is attached to another dwelling at one or more sides by a
wall, excluding accessory dwellings. Multi-family use includes townhomes,
apartment complexes and residential condominiums.
N
Reserved
O
Reserved
P
personal services: establishments providing non-medically related services generally
related to personal needs, including beauty and barber shops, day spas, garment
and shoe repair shops, laundry services (including dry cleaning), photographic
studios, dance studios, and health clubs. These uses may include the accessory
retail sales of products related to the services provided.
planning area: unique areas of the project guided by land use regulations.
processing and cleaning: processing and cleaning is a use which provides dry
cleaning, dyeing, laundering, or rug cleaning services. Typical uses include dry
cleaning plants, diaper services, and linen supply services.
professional office: a room or group of rooms used for conducting the affairs of a
business, medical, professional, or service industry.
public facilities: any non-commercial land use (whether publicly- or privately-owned)
which is to be used and/or allocated for the general good of the public. These uses
include, but are not limited to: governmental offices, parks, major and minor utilities,
and community centers. Privately-owned facilities will be subject to applicable land
use regulations. Public facilities may also include detective and protective services,
employment services and public utility offices.
Q
Reserved
R
recreational facilities: any area intended for active recreational use, structure, or
building associated with and located on a parks and open space use. Recreational
facilities include, but are not limited to: clubhouses, tennis courts, basketball courts,
pools, playground equipment, etc.
residential (single-family attached): A dwelling unit attached to one or more dwelling
units by structural elements common to the attached units with each dwelling unit
located on its own individual lot. The structural elements include common wall
construction, roof, and other similar improvement. Elements like trusses, beams, and
patio walls are not included.
residential (multi-family): is a classification of housing where multiple separate
housing units are contained within one building. The most common form is an
apartment building.
S
street sideyard: the area adjacent to public or private rights-of-way, excluding alleys.
specific plan: Riverside at Silverbell Specific Plan.
subdivision: the division of a lot, tract, or parcel of land into two or more lots, plats,
sites, or other divisions of land for the purpose of residential, industrial, office and
business development or other use.
T
temporary use: any use allowed for a specified period of time. A use not of a
permanent nature.
theaters (not including drive-ins): an outdoor or indoor area or building used for
dramatic, operatic, motion pictures, or other performances
Town: The Town of Marana, County of Pima, State of Arizona together with its
successors and assigns.
traffic impact analysis: a supplement to the master transportation study that
addresses the traffic impacts associated with specific sites and/or subdivisions,
identifies proposed design features to mitigate impacts, and includes a commitment
to implement or pay for such design features within a specified time frame.
U
unified development project: A unified development project is one in which multiple
uses and/or buildings are built together on the same lot, block or parcel under the
same ownership. The project may or may not have a single developer or builder.
V
W-Z
Definitions
Section V. Implementation and Administration
A. Purpose
This section of the Specific Plan is intended to provide regulatory procedures designed to
guide the implementation for the Specific Plan throughout the duration of the project. This
section also provides guidance regarding the general administration of amendment
procedures to the Specific Plan. The Provisions below shall apply to the entire project site as
defined in this Specific Plan.
1.
Extent of the Specific Plan to Supplement or Supersede Adopted Town
Zoning Regulations
The Development Regulations section of the Specific Plan addresses only those
areas that differ from the Town of Marana Land Development Code. If an issue,
condition or situation arises that is not covered or provided for in this Specific Plan,
those regulations of the Town of Marana Land Development Code that are in place at
the time of development shall be used by the Planning Director as the guidelines to
resolve the unclear issue, condition or situation.
Adjustment within 15 working days of the date of interpretation.
2.
General Implementation Responsibilities
The implementation of Riverside at Silverbell Specific Plan is the responsibility of the
Master Developer, the Builder, the Riverside at Silverbell Master Association, the Sub-
Association and the Town of Marana.
The Master Developer is the entity responsible for providing the basic infrastructure
needs including roads, sewer and water in a timely and efficient manner. The Master
Developer forms the Riverside at Silverbell Master Association and is responsible for
recording the Master CC&Rfor this Specific Plan has not
yet been determined.
The Builder, residential or commercial, is the purchaser of a development area, or
portions of a development area, which may or may not require additional infrastructure
improvements, such as utility extensions or local streets. The Builder is responsible
for all construction and lot improvements not made by the Master Developer within
their area(s) of ownership. Should the Builder purchase a development area without
the infrastructure improvements generally provided by the Master Developer, the
Builder becomes the responsible party for the construction or installation of those
improvements.
At any time, the Master Developer may relinquish its rights and assign any or all rights
to one or more Builders. Associated responsibilities of the Master Developer would
also be transferred to the Builder at that time.
The Riverside at Silverbell -profit entity
that governs all The
Association establishes the Design Review Committee that reviews all plans for
proposed construction within the Specific Plan area. It is also responsible for the
maintenance and management of all shared private common areas that are not
dedicated to the Town of Marana or maintained by a subdivision homeowners
association. It also may maintain area dedicated to the Town. The Sub-
Association(s) is a non-s for
individual subdivisions within the community. It is responsible for managing,
establishing and maintaining community property and services within the subdivision.
It may also establish its own sub-architectural review committee (SARC) to review all
plans for modification, remodel or any other constructed improvements within the
subdivision. The SARC will be responsible for reviewing variances or appeals.
The Town of Marana Development Services Department will be responsible for
ensuring all policies and standards laid out in the Specific Plan are adhered to during
the review of all development in the Specific Plan. The Town of Marana shall be
responsible for the maintenance and management of all public roadways and
recreation/open space areas dedicated to the Town.
3.
Interpretation
The Planning Director shall be responsible for interpreting the provisions of this
Specific Plan. Appeals to the Planning Dir
Town Council within fifteen (15) working days from the date of the interpretation.
4.
Development Review Procedures
The requirements of the Riverside at Silverbell Specific Plan and the development
agreements between Master Developer and the Town of Marana shall not have the
effect of superseding the requirements of the adopted building codes.
The RSDRC
shall review and approve/disapprove all new construction conducted by the Builder
including all homes, subdivision plats and improvements, development plans,
landscaping, signage and all variances and appeals prior to submittal to the Town of
Marana for approval and permitting in accordance with Town procedures. Final
decisions on grading, drainage, final road alignment, improvement plans, revegetation
and other matters will be made after the approval of the preliminary plat. Builders will
not be allowed to pull permits until the requisite approval of the plan has been given
by the ARC.
No structures, including signs, shall be erected, improved or altered, nor shall any
grading, excavation, tree removal or any other work which in any way alters the
exterior appearance of any structure or area of land commence unless it has been
approved in writing by the ARC. The ARC will review all development proposals for
compliance with the established Community Design Guidelines.
Approval of a subdivision plat, development plan or building permit is subject to the
following requirements:
Conformance with the Riverside at Silverbell Specific Plan, as adopted;
Conformance with the development agreement between the Master
Developer and the Town of Marana;
Dedication of appropriate rights-of-way and easements for roads, utilities and
drainage areas by plat or by separate instrument if the property is not to be
subdivided; and
Preliminary plat, final plat and development plan submittals shall follow Town
of Marana procedures current at the time of application.
The SARC shall review all exterior modifications proposed by homeowners within the
associated subdivision. This includes modifications, remodels, additions and all
landscape improvements not already constructed by the Master Developer or Builder.
Upon the wner will
then be sent to the ARC for its approval. If there is no SARC, then the proposed
modification will be sent directly to the ARC for its review and approval.
The primary goal of both the ARC and SARC is to review plans, specifications,
materials and samples to determine if the proposed improvements comply with the
Community Design Guidelines.
design compliance only and it assumes no responsibility for non-design compliance
issues including, but not limited to: structural adequacy, quality, capacity or safety of
improvement or structure; soil conditions such as compaction, erosion and stability;
compliance with all building codes and other governmental laws and regulations; or
contractor performance and quality-of work issues.
5.
Specific Plan Amendments
Amendments to the Riverside at Silverbell Specific Plan may become necessary for
various reasons including but not limited to responding to changes resulting from new
development conditions, financial conditions, and/or to respond to the requirements of
potential users or builders of the property. The Master Developer, the Town of
Marana, other developers, or agents representing either may request amendments to
the approved Specific Plan.
6.
Administrative Change
Certain changes to the explicit provisions in the Specific Plan may be made
administratively by the Town of Marana Planning Director, provided such changes are
not in conflict with the overall intent as expressed in the Riverside at Silverbell Specific
Plan.
of substantial change, as outlined below, shall be subject to appeal to the Town
Council. Categories of administrative changes include, but are not limited to:
The addition of new information to the Specific Plan maps or text that
does not change the effect of any regulations or guidelines, as interpreted
by the Planning Director;
Changes to infrastructure, such as drainage and utilities, which do not
change the overall intent of the Specific Plan;
Any comparable interpretations of the list of permitted and temporary
uses of the property set forth in the Specific Plan;
Changes in the land use designation boundary, division of plan areas or
combinations of areas;
Minor modifications or adjustments to intrusions, encroachments,
easements, rights-of-way, or open spaces, so long as the modifications
do not conflict with the overall intent of the Specific Plan; and
The determination that a use may be allowed which is not specifically
listed as permitted, but which may not be determined as analogous
and/or accessory use explicitly listed as permitted, as made by the
Planning Director.
7.
Substantial Change
This Specific Plan may be substantially amended by the procedure outlined in the
Town of Marana Land Development Code, Title 5 Section 05.06.07, Specific Plan
Changes. The owner or agent of the property may submit to the Planning Director a
written application to amend one or more of the Specific Plan regulations. Depending
on the type of request, the Planning Director may determine the request to be a
substantial change to the Specific Plan. A substantial change requires the applicant
to submit all sections or portions of the Riverside at Silverbell Specific Plan that are
affected by the change(s). After review, the Planning Director shall refer the request
to amend with his recommendations to the Planning Commission for noticed public
hearing. The Planning Commission shall make its recommendation to the Town
Council which, after public hearing, shall approve, reject, or modify the proposed
amendment.
Section VI. Appendix
B. Bibliography
Aerial Photographs, Pima Association of Governments, 2012.
Town of Marana Land Development Code, Title 8 - General Development Regulations,
revised May 2011.
Town of Marana Land Development Code, Title 6 - Subdivision Requirements, revised
March 2011.
Town of Marana Land Development Code, Title 5 - Zoning, revised May 2011.
Town of Marana General Plan, 2010.
Town of Marana Strategic Plan II, March 2012.
Town of Marana Parks, Recreation, Trails, and Open Space Master Plan, 2010.
FEMA Flood Insurance Rate Map, Pima County, Arizona.
Institute of Transportation Engineers, Trip Generation Manuals, 7Edition, Volumes 1 &
th
3, 2003.
MapGuide, Pima County Geographic Information Systems, 2013.
Pima Regional Trail System Master Plan, revised May 2012.
MARANA RESOLUTION NO. 2014-107
RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE THE INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF TUCSON
RELATING TO EFFLUENT
WHEREAS the City of Tucson and Pima County entered into an intergovernmental
agreement in 1979, recorded in the office of the Recorder of Pima County, Arizona, on June 28,
1979 at Book 6059, Page 1088 (the “1979 IGA”); and
WHEREAS the City of Tucson and Pima County amended the 1979 IGA with a
Supplemental Intergovernmental Agreement Relating to Effluent, recorded as Exhibit A to its
authorizing resolutions in the office of the Recorder of Pima County, Arizona, on March 14,
2000, at Docket 11254, Page 1533, and re-recorded with additional signatures as Exhibit A to its
authorizing resolutions in the office of the Recorder of Pima County, Arizona, on February 6,
2004, at Docket 12233, Page 1156 (the “2000 Supplemental IGA”); and
WHEREAS the City of Tucson ownsthe right to put the Effluent derived from the
Metropolitan Area wastewater reclamation facilities (WRFs)to beneficial usepursuant to the
1979 IGA and the 2000 Supplemental IGA, subject to the Conservation Effluent Pool established
in the 2000 Supplemental IGA, the entitlement of Pima County to 10% of the Effluent, and the
entitlement of the Secretary of Interior to the Southern Arizona Water Rights Settlement Act
(SAWRSA)Effluent; and
WHEREAS three Metropolitan Area WRFs are currently operation—the Tres Rios WRF
(formerly known as the Ina Road WRF), theAgua Nueva WRF (which replaced the now-
decommissioned Roger Road WRF), and the Randolph Park WRF; and
WHEREAS Marana owns and operates the Marana WRF and the Rillito Vista WRF
Pursuant to a 2013 settlement agreement with Pima County; and
WHEREAS the Marana WRF and Rillito Vista WRF currently treat sewage derived from
source waters not delivered by Tucson, and were Non-Metropolitan Area WRFs under the 1979
IGA and the 2000 Supplemental IGA while they wereowned and operated by Pima County; and
WHEREAS the City of Tucson has waived its right to control Effluent derived from Non-
Metropolitan Area WRFs, subject to certain conditions in the 2000 Supplemental IGA; and
WHEREAS the Marana WRF and Rillito Vista WRF are not subject to the 1979 IGA and
the 2000 Supplemental IGA, and no Waters of Tucson are treated at the Marana WRF and Rillito
Vista WRF as of the date of this IGA, but the Parties wish to confirm and establish the City of
Tucson’s rights in the eventsewage derived from Waters of Tucson are ever treated at the
Marana WRF, Rillito Vista WRF, or any future Marana-Owned WRFs; and
{00039881.DOCX / 2}
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Resolution No. 2014-10710/10/2014 4:29 PM FJC
WHEREAS the IGA addressed by this resolution is intended to comply with the 2000
Supplemental IGA, which declares that, “Reasonable efforts should be made, consistent with the
principles and purposes of this Supplemental IGA, to give other Water Providers reasonable
access to Effluent derived from the water they supply, so long as they pay all costs associated
with the use of said Effluent” (2000 Supplemental IGA at Section 2.4); and
WHEREAS the Mayor and Council of the Town of Marana find that the best interests of
Marana and its citizens are served by entering intothis intergovernmental agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, that the “City of Tucson—Town of Marana Intergovernmental
Agreement Relating to Effluent” attached to this resolution as Exhibit Ais hereby approved, and
the Mayor is authorized to execute it for and on behalf of the Town of Marana.
IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and
authorized to undertake all other and further tasks required or beneficial to carry out the terms,
obligations, conditions and objectives of the intergovernmental agreement.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 21st day of October, 2014.
Mayor Ed Honea
ATTEST:APPROVED AS TO FORM:
Jocelyn C. Bronson, Town ClerkFrank Cassidy, Town Attorney
{00039881.DOCX / 2}
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Resolution No. 2014-10710/10/2014 4:29 PM FJC
CITY OF TUCSON—TOWN OF MARANA
INTERGOVERNMENTAL AGREEMENT
RELATINGTOEFFLUENT
This intergovernmental agreement (“this IGA”) is entered intoby and between the C
ITY OF
T(“Tucson”),anArizona municipal corporation, and the TM(“Marana”),
UCSONOWN OF ARANA
an Arizona municipal corporation.Tucson and Marana are sometimes collectively referred to as
the “Parties”and each individually referred to as a “Party.”
SECTION I.RECITALS.
The following recitals represent the Parties’general principles of agreement, whichare incorpo-
rated in the specific covenants that follow.
1.1Tucson and Marana are empowered by A.R.S. Title 11, Chapter 7, Article 3 to enter into this
IGA.
1.2Marana owns and operates a water utility within and outside Marana’s town boundaries.
1.3Marana owns and operates a wastewater utilitywithin and outside Marana’s town bounda-
ries.
1.4Tucson is authorized by the Tucson Charter, Chapter IV, Section 1(7) “...to establish, main-
tain, equip, own and operate, works and appliances within and without city for supplying
Tucson and its inhabitants also persons, firms and corporations outside Tucson, including
other municipal corporations, with water....”
1.5Tucson owns and operates a water utility within and outside the city limits of Tucson, and
provides water service within Marana’s townlimits.
1.6Tucsonand Pima County entered into an intergovernmental agreement in 1979, recorded in
the office of the Recorder of Pima County, Arizona, on June 28, 1979 at Book 6059, Page
1088(the “1979 IGA”).
1.7Tucson and Pima County amended the 1979 IGA with a Supplemental Intergovernmental
Agreement Relating to Effluent, recorded as Exhibit A to its authorizing resolutions in the of-
fice of the Recorder of Pima County, Arizona, on March 14, 2000,at Docket 11254, Page
1533, and re-recorded with additional signatures as Exhibit A to its authorizing resolutions in
the office of the Recorder of Pima County, Arizona, on February 6, 2004, at Docket 12233,
Page 1156(the “2000 Supplemental IGA”).
1.8Pursuant to the 1979 IGA and the 2000 Supplemental IGA, Tucsonowns the right to put the
Effluent derived from the Metropolitan Area WRFsto beneficial use, subject to the Conser-
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vation Effluent Pool established in the 2000 Supplemental IGA, theentitlement of Pima
County to 10% of the Effluent, and the entitlement of the Secretary of Interior to the
SAWRSA Effluent.
1.9Three Metropolitan Area WRFs are in operation as of the date of this IGA, the Tres Rios
WRF (formerly known as the Ina Road WRF), theAgua Nueva WRF (which replaced the
now-decommissioned Roger Road WRF), and the Randolph Park WRF.
1.10Pursuant to a 2013 settlement agreement with Pima County, Marana owns and operates the
Marana WRF and the Rillito Vista WRF. The Marana WRF is located northwest of the inter-
section of Luckett and Marana roads, approximately 17 miles northwest of Tucson. The Rilli-
to Vista WRF is located adjacent to the Arizona Portland Cement plant near the Tangerine
Road interchange on I-10 in the unincorporated community of Rillito.The Marana WRF and
Rillito Vista WRF currently treat sewage derived from source waters not delivered by Tuc-
son, and were Non-Metropolitan Area WRFs under the 1979 IGA and the 2000 Supplemental
IGA while they were owned and operated by Pima County.
1.11Tucson has waived its right to control Effluent derived from Non-Metropolitan Area WRFs,
subject to certain conditions in the 2000 Supplemental IGA.
1.12Under Marana’s ownership and operation, the Marana WRF and Rillito Vista WRF are not
subject to the 1979 IGA and the 2000 Supplemental IGA, and no Waters of Tucson are treat-
ed at the Marana WRF and Rillito Vista WRF as of the date of this IGA, butthe Parties wish
to confirm and establish Tucson’s rightsin the event sewage derived from Waters of Tucson
areever treated at the Marana WRF,Rillito Vista WRF, or any future Marana-Owned WRFs.
1.13This IGA is intended to comply with the 2000 Supplemental IGA, which declares that, “Rea-
sonable efforts should be made, consistent with the principles and purposes of thisSupple-
mental IGA, to give other Water Providers reasonable access to Effluent derived from the
water they supply, so long as they pay all costs associated with the use of said Effluent.”
2000 Supplemental IGA, Exhibit 2, at Section 2.4.
NOW, THEREFORE, inconsideration of the mutual promises and covenants contained
in this IGA, the Parties covenant and agree as follows:
SECTION II.STATEMENT OF PURPOSE.
This IGA is intended to create, set forth,and define the relationships between Marana and Tuc-
son regarding the disposition of the following classes of Effluent and to describe the rights and
duties of each Party to the other regarding thisEffluent:
2.1Marana Metropolitan-Treated Effluent
2.2Marana Self-Treated Effluent
2.3Tucson Marana-Treated Effluent
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SECTION III.DEFINITIONS.
Notwithstanding any similarities as may appear when compared to the definitions in the 1980
Groundwater Management Act or elsewherein Arizona Revised StatutesTitle 45, orany other
statute, the following words and phrases shall have the following defined meanings for the pur-
pose of this IGA:
3.1Addendum.An amendment, addition, or deletion to this IGA adopted and approved by the
Parties shall be called an “Addendum’’and shall be numbered and dated, such as “Adden-
dum 1, Adopted May 1, 2015.”
3.2Available Effluent.The quantity of remaining Effluent in any calendar year after the delivery
of SAWRSA Effluent to the United States and the delivery of the Conservation Effluent
Pool.
3.3Conservation Effluent Pool. Effluent from the Metropolitan Area WRFs reserved for Ripari-
an Projects (as defined by the 2000 Supplemental IGA) under Section V of the 2000 Sup-
plemental IGA.
3.4Default.An act or omission that violates this IGA.
3.5Effluent.Wastewater that has received a minimum of secondary wastewater treatment neces-
sary to meet discharge permit standards, including wastewater that has received treatment to
Reclaimed Water standards or higher standards.
3.6Marana DMA. The Marana Designated Management Area as approved by the United States
Environmental Protection Agency under Section 208 of theClean Water Act.
3.7Marana Metropolitan-Treated Effluent. Effluent derived from the Waters of Marana,treated
at a Metropolitan Area WRF, and assigned by Tucson to Marana pursuant to this IGA.
3.8Marana-Owned WRF. A WRF owned by Marana that serves the Marana DMA. As of the
date of this IGA, the Marana WRFand the Rillito Vista WRFare the only Marana-Owned
WRFs.
3.9Marana Self-Treated Effluent. Effluent derived from the Waters of Marana and treated at a
Marana-owned WRF.
3.10Metropolitan AreaWRF.A current or future WRF that serves the Pima County DMA and
(1)isphysically integrated into the existing metropolitan sewerage system; (2) servesany
portion of the integrated water service area of Tucson; or (3) servesany portion of the water
service area of a Water Provider that was served by WRFsin the metropolitan area, as de-
fined in the 1979 IGA, as of February 8, 2000. The Tres Rios WRF, theAgua Nueva WRF,
and the Randolph Park WRF are Metropolitan Area WRFs as of the date of this IGA.
3.11Non-Metropolitan AreaWRF.A current or future WRF that does not meet the definition of a
Metropolitan Area WRF. WRFs in the Marana DMA (currently the Marana WRF and the
Rillito Vista WRF) and the existing WRFsat Mount Lemmon, Arivaca Junction, Avra Val-
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ley, Green Valley, Corona de Tucson, and Pima County Fairgroundsare Non-Metropolitan
Area WRFs.
3.12Pima County DMA. The Pima County Designated Management Area as approved by the
United States Environmental Protection Agency under Section 208 of the Clean Water Act.
3.13Reclaimed Water.Wastewater that has received treatment to a quality suitable for open ac-
cess reuse under state and federal laws.
3.14SAWRSA Effluent. The 28,200 acre feet, plus losses, of annual Effluent entitlement which
Tucson assigned and conveyed to the United States by contract dated October 11, 1983, pur-
suant to the provisions of the Southern Arizona Water Rights Settlement Act (“SAWRSA”).
3.15Tucson Marana-Treated Effluent. Future effluent derived from the Waters of Tucson, treated
at a Marana-Owned WRF, and assigned by Marana to Tucson pursuant to this IGA.
3.16Waters of Tucson.All water purchased, pumped or developed by Tucson in any way, includ-
ing Central Arizona Project water, groundwater, surface water, and Effluent, for which Tuc-
son has a water right or a contractual right.The term “Waters of Tucson” does not include
Tucson water deliveries Marana reimbursed with water credits pursuant to the intergovern-
mental agreement between Tucson and Marana regarding Tucson water service within the
Marana town boundaries recorded inthe Pima County Recorder’s office on December 13,
2000 at Docket 11444, Page 1792or any extensions of it (collectively the “Water Service
IGA”).
3.17Waters of Marana.All water purchased, pumped or developed by Marana in any way, includ-
ing Central Arizona Project water, groundwater, surface water, and Effluent, for which Ma-
rana has a water right or a contractual right.The term “Waters of Marana” includes Tucson
water deliveries Marana reimbursed with water credits pursuant to the Water Service IGA.
3.18WRF. Water reclamation facility.
SECTION IV.PROVISIONS RELATING TO EFFLUENT.
4.1Marana’s Rights to Marana Self-Treated Effluent. Tucson disclaims any right (if any) to put
Marana Self-Treated Effluentto beneficial use, and recognizes Marana’s rightto putMarana
Self-Treated Effluentto beneficial use.
4.2Marana’s Rights to Marana Metropolitan-Treated Effluent.Subject to subparagraphs 4.2.1
through 4.2.4 below, Tucson hereby assigns to Marana its rightto putthat quantity of Marana
Metropolitan-Treated Effluent to beneficial use in any calendar year during this IGA deter-
mined in accordance with Exhibit 1to this IGA.
4.2.1The 1979 IGA and 2000 Supplemental IGA assign the Effluent produced at the
Metropolitan Area WRFsto Tucson.Tucson’s assignment of rights in Effluent to
Marana is subject to such obligations as Tucson may have under the terms ofthe
1979 IGA and 2000 Supplemental IGA with PimaCounty.
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4.2.2The quantity of Effluent assigned by Tucson to Marana annually under this IGA
shall be calculated in accordance with the Effluent Allocation Formula in Exhib-
it1to this IGA.Marana’s share of the Effluent, as calculated pursuant to the Ef-
fluent Allocation Formula, shall be reduced by its proportionate participation an-
nually in providing Effluent to meet the following pre-existing obligations of
Tucson under the 1979 IGA and 2000 Supplemental IGA:
4.2.2.1.Under SAWRSA, to make SAWRSA Effluent available each year to the
United States;
4.2.2.2.To contribute Effluent to the Conservation Effluent Pool established in the
2000 Supplemental IGA; and
4.2.2.3.Under the 1979 IGA and the 2000 Supplemental IGA, the grant to Pima
Countyof the use of 10% of Tucson’s Effluent entitlement remaining after
the SAWRSA Effluent and the Conservation Effluent Pool.
4.2.3The point of delivery of Marana Metropolitan-Treated Effluent will be at the Tres
Rios WRF outfall or at some other point or points reasonably agreed upon in writ-
ing by Tucson and Marana.
4.2.4The schedule for delivery of Effluent assigned to Marana under this IGA shall be
the quantity established by the application of the Effluent Allocation Formula at-
tached as Exhibit 1to this IGA.
4.3Tucson’s Rights to Tucson Marana-Treated Effluent.
4.3.1In consideration of the rights granted to Marana under this IGA, and notwith-
standing any potential claim of right to Effluent derived from Marana-Owned
IGAs pursuant to the doctrine established in Arizona Public Service Co.v.Long,
160 Ariz. 429, 773 P.2d 988 (1989), Marana hereby assigns to Tucson the right to
put Tucson Marana-Treated Effluent to beneficial use in a quantity to be deter-
mined based on the limitations and conditions existing when Marana first begins
treating Waters of Tucson, using the same factor (“F”) used by the Parties as de-
scribed in Exhibit1to this IGA, and adjusting for then-existing obligations of
Marana in a way similar to the adjustment for Tucson obligations as set forth in
Exhibit1to this IGA.
4.3.2Tucson shall be involved in and shall be given an opportunity to comment on any
proposal to revise Marana’s designated management area for sewer service under
Section 208 of the Clean Water Act that results or may result in Tucson water
service areas being brought within Marana’s designated management area.
4.4Recharge of Effluent.
4.4.1Marana shall not oppose any Effluent recharge or storage project, whether a “con-
structed”recharge project or a “managed”recharge project, developed by Tucson
for the storage of Effluent, unless theproject causes material harm to Marana.
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4.4.2Tucson shall not oppose any Effluent recharge or storage project, whether a “con-
structed”recharge project or a “managed”recharge project, developed by Marana
for the storage of Marana Self-Treated Effluent or Marana Metropolitan-Treated
Effluent, unless theproject causes material harm to Tucson.
4.4.3Marana may store Marana Metropolitan-Treated Effluentin the managed or con-
structed rechargefacilities of Tucson pursuant to an Effluent storage permit is-
sued by Arizona Department of Water Resources (“ADWR”) to Marana, on the
same terms and conditions as Tucson’s agreement to store PimaCounty’s Efflu-
ent under Sections 6.5 and 7.2 of the 2000 Supplemental IGA.Additional reason-
able terms for Marana’s use of the recharge facilities may be established by writ-
ten agreement between Marana and Tucson.
4.4.4Tucson will recover for Marana, as part of Tucson’s program to recover its stored
Effluent, Marana Metropolitan-Treated Effluentstored by Marana in a Tucson
managed or constructed recharge facility if, and to the extent that, Marana and
Tucson reach written agreement on the terms of the recovery of thatstored Mara-
na Metropolitan-Treated Effluent.
4.4.5In noevent shall any recharge credits (whether long-term storage credits or annual
storage credits) derived from either Tucson’s Effluent or Marana Metropolitan-
Treated Effluentlead to any water withdrawals within the other Party’s then exist-
ing water servicearea, unless thosewithdrawals are within the area of hydrologic
impact of the Effluent storage facility where the recharge credits were earned or
unless the withdrawal has been approved in writing by the Party from whose wa-
ter service area the withdrawalis to be made.Withdrawals within the Marana
town limits or within the geographic boundaries of the Cortaro-Marana Irrigation
District or Cortaro Water Users’ Association shall be in accordance with the in-
tergovernmental Agreement Regarding Permitting andOperating Managed In-
Channel Recharge of Effluent in the Santa Cruz River Channel recorded in the of-
fice of the Recorder of Pima County, Arizona, on June 6, 2003, at Docket 12066,
Page 3364, and the 2007 Master Recovery Plan Pursuant to that Intergovernmen-
tal Agreement of 2003 Regarding Permitting and Operating Managed In-Channel
Recharge of Effluent in the Santa Cruz River Channel, a copy of which is at-
tached to and incorporated in this IGA as Exhibit 2 to this IGA, as each may be
amended from time to time.
4.4.6Marana (or its Effluent customers) shall be solely responsible for all costs associ-
ated with (1) the recharge, use or reuse of Marana Metropolitan-Treated Effluent,
and (2) delivery of Marana Metropolitan-Treated Effluentto any recharge facility
or useor reuse facility.None of the costs of recharge, use, reuse, delivery or
treatment of Marana Metropolitan-Treated Effluentshall be charged, directly or
indirectly, by Marana to water ratepayers of Tucson or to sewer ratepayers located
within Tucson’s water service area unless thosewater ratepayers or sewer rate-
payers are located within Marana’s boundaries.None of the costs or recharge,
use, reuse, delivery or treatment of Tucson’s Effluent shall be charged, directly or
indirectly, by Tucson to water ratepayers of Marana or to sewer ratepayers located
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within Marana’s water service area unless thosewater ratepayers or sewer rate-
payers are located within Tucson’s boundaries.
4.5Tucson’s Sale of Effluent or Reclaimed Water for Use Within Marana.Tucson will not sell
any Effluent or Reclaimed Water to municipal orindustrial customers for use within Mara-
na’s water service area without Marana’swritten approval.IfMarana’s water service area
expandsin the future, this provision does not apply to any municipalor industrial Effluent
customers of Tucson with whom Tucson has a contractual relationship in effect at the time of
the expansion of Marana’s water service area.
SECTION V.MISCELLANEOUS PROVISIONS.
5.1Force Majeure.If any Party is rendered unable, wholly or in part, by force majeure reasons to
carry out its obligations under this IGA, the obligations of both Marana and Tucson so far as
they are affected by such force majeure shall be suspended during the continuance of any in-
ability so caused, but for no longer period; and such cause shall be so far as possible reme-
died with the best efforts of the disabled Party and with all reasonable dispatch.The term
“force majeure”as employed in this IGA shall mean acts of God, strikes, lockouts or other
industrial or labor disturbances, acts of the public enemy, wars, blockades, insurrections, ri-
ots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, droughts,
unavoidable interruptions in electric power to drive pumps, interruptions by government not
due to the fault of the Parties, including injunctions, civil disturbances, explosions, well col-
lapses, breakage or accident to machinery or transmission facilities, or action or non-action
by governmental bodies in approving or failing to act upon applications for approvals or
permits which are not due to the negligence or willful action of the Parties.Nothing in this
paragraphshall be construed as requiring either Party to settle a strike or labor dispute
against its willor as prohibitingeither Partyat itsown expense from using whatever self-help
remedies may be available to it.
5.2Alternative Dispute Resolution.The following non-binding alternative dispute resolution
process shall be followed for any dispute arising under this IGA:
5.2.1Tucson and Marana shall meet and confer about any controversy or claim arising
out of or related to this IGA, or Default under this IGA, in an attempt to resolve
the matter.If the matter that cannot be resolved by Tucson and Marana, each shall
appoint one arbitrator to a three party panel of arbitrators which will decide the
dispute.The appointment of the two arbitrators will occur within 30 days of the
meeting referred to above.
5.2.2Arbitrators appointed to the arbitration panel shall be skilled and experienced in
the field or fields pertaining to the dispute.The two selected arbitrators shall meet
within 30 days of the later of the two arbitrators’appointment, and at their first
meeting they shall appoint a third neutral arbitrator to complete the arbitration
panel.The third arbitrator shall act as a chairperson of the arbitration panel and
shall direct the arbitration proceedings.
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5.2.3The arbitration process shall be limited to the matter submitted by Tucson or Ma-
rana.The arbitration panel shall not rewrite, amend, or modifythis IGA or any
other agreement between the Partiesor to which either of the Parties is a party.
5.2.4There shall be no discovery beyond the information and documents made availa-
ble during the informal meet and confer process provided for in this section and
the exchange of information or documentation provided for in this IGA.
5.2.5No formal evidentiary hearing shall be provided unless one is requested by either
Tucson or Marana in writing no later than the conclusion of the meeting where the
neutral arbitrator isappointed.If no hearing has been requested, the arbitration
panel will meet as deemed necessary by the panel and shall, in a manner it deems
appropriate, receive evidence, receive argument or written briefs from Tucson and
Marana, and otherwise gather whatever information is deemed helpful by the pan-
el.The arbitration process to be followed shall be informal in nature, and Tucson
and Marana shall not be entitled to trial-type proceedings under, for example,
formal rules of evidence.
5.2.6If Tucson or Marana requests a hearing, the arbitration panel shall meet to receive
evidenceand receive argumentsand written briefs from Tucson and Marana as
follows:
5.2.6.1.The arbitration panel shall, within five days of the appointment of the neu-
tral arbitrator, schedule a date for a hearing, which shall be held within 60
days of the appointment of the neutral arbitrator.
5.2.6.2.Within ten days of the appointment of the neutral arbitrator, Tucson and
Marana shall each submit a brief of no longer than 15 pages setting forth
its case.Thebrief shall include discussion of all issues relevant to the Par-
ty’s case.Each Party shall, as an attachment to its brief, include declara-
tions of not more than two experts and any relevant factual witness.Decla-
rations of expert witnesses must include all opinions to be elicited upon di-
rect testimony and a complete explanation of the basis of these opinions.
Disputes with respect to the sufficiency of declarations or the appropriate-
ness of the testimony shall be resolved by the witnesses available for
cross-examination at the time of the arbitration hearing.Factual witnesses
for which a declaration is prepared shall be made available for cross-
examination at the time of the arbitration hearing only if requested by the
other Party.
5.2.6.3.Each Party shall have the opportunity, within five days of the close of
hearing, to submit a closing brief not to exceed tenpages.The closing
brief shall be argument with no additional factual evidence to be submit-
ted.
5.2.6.4.Factual witnesses shall not be permitted togivetestimonyunder direct ex-
amination.
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5.2.6.5.Each Party shall have a maximum of four hours to present its case in total.
This time shall include opening and closing statements, direct presentation
and any cross-examination of the other party’s witnesses.Each Party shall
have the right to reserve part of its time to present up to one hour of rebut-
tal testimony.
5.2.6.6.The matter shall be deemed submitted at the submission of closing briefs.
5.2.6.7.The panel of arbitrators shall render its final decision in the dispute within
60 days after the date of naming the third arbitrator.If the arbitrators disa-
gree as to the determination, any two of the three arbitrators may join to
form a majority and the decision of those two arbitrators will be final for
the panel.The panel will issue a written decision.
5.2.7If a Partydeclines to accept the decision of the arbitration panel, it may initiate an
action in the appropriate court within 60 days of the issuance of the panel’s writ-
ten decision to obtain a judicial determination of the underlying dispute.If an ac-
tion is not filed within 60 days of the panel’s decision, the decision of the panel
shall be deemed to be final and not subject to judicial review.The decision of the
panel and record of the arbitration shall not be privileged and may be submitted as
part of the record by either Partyin support of its case.
5.2.8All costs incurred by the arbitration panel shall be shared equally by Tucson and
Marana, andthe expenses of the arbitration panel shall be paid expeditiously.
5.2.9A Party shall not be considered in Default for an issue being addressed in the al-
ternative dispute resolution process or appropriate judicial proceedinguntil a final
decision has been rendered.
5.3Information Exchange.Upon reasonable request, Tucson and Marana willprovide to each
other all necessary information and documentation required for the purpose of this IGA, to
the extent the information and documentation is reasonably in its possession.The requesting
Party will reimburse the other Party for all costs of providing the information and documen-
tation, including staff time and reproduction costs.
5.4Attorneys’Fees.In the event of any litigation between the Parties to enforce any provision of
this IGA or any right of either Party under this IGA, the unsuccessful Party agrees to pay to
the successful Party all reasonable costs and expenses, including reasonable attorneys’fees,
incurred in the litigationby the successful Party, all of which shall be included in and as part
of the judgment rendered in theproceeding.
5.5Assignment of IGA.No Party shall have the right to assign this IGA or any interest in this
IGAexcept to their respective successors.This IGA shall be binding on the successors of the
Parties.
5.6Notices.All notices shall be in writing and together with other mailings pertaining to this
IGA shall be made to:
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FOR MARANA:
Town Manager
Town of Marana
11555 West Civic Center Drive, Bldg. A
Marana, Arizona 85653
WITH COPIESTO:
MaranaUtilities Director
Town of Marana
5100 West Ina Road
Tucson, Arizona 85743
Marana Town Attorney
Town of Marana
11555 West Civic Center Drive, Bldg. A
Marana, Arizona 85653
FOR TUCSON:
Director
Tucson Water
P.O. Box 27210
Tucson, AZ 85726
WITH COPY TO:
City Attorney
City of Tucson
P.O. Box 27210
Tucson, AZ 85726
or as otherwise specified from time to time by each Party
5.7Waiver.Waiver by either Party of any breach of any term, covenant or condition contained in
this IGA shall not be deemed a waiver of anyother term, covenant or condition, or any sub-
sequent breach of the same or any other term, covenant, or condition containedin this IGA.
5.8Amendment.This IGA shall not be amended except by written instrument mutually agreed
upon and executed by the Parties.
5.9Entire IGA.This IGA, its exhibits, and its recitals constitutesthe entire agreement between
the Parties regarding the subject matter of this IGA, and supersedesall prior oral and written
agreements of the Parties regarding the subject matterof this IGA.All warranties and guar-
antees and representations shall survive during the life of this IGA.
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5.10Construction and Interpretation.All provisions of this IGA shall be construed to be consistent
with the intention of the Parties expressed in the recitals of this IGA.
5.11Term.The term of this IGA shall be 50 years from the Effective Date, and shall be automati-
callyrenewedfor successive 10-year periods unless a Party gives the other Party notice of
termination at least six months before the end of a respective term.
5.12Authority.Marana represents and warrants that it has legal authority and capacity to enter in-
to this IGA upon the terms andconditions provided within this IGA, and has properly and le-
gally authorized and executed this IGA.Tucson represents and warrants that it has the legal
authority and capacity to enter into this IGA upon the terms and conditions provided within
this IGA, and has properly and legally authorized and executed this IGA.
5.13Legal Jurisdiction.Nothing in this IGA shall be considered as either limiting or extending the
legal jurisdiction of either Marana or Tucson.
5.14Non-severability. If any provision of this IGAis held by a court of law to be in violation in
whole or in part of any applicable local, state or federal ordinance, statute, law, administra-
tive or judicial decision, or public policy, and to be illegal, invalid or unenforceable as writ-
ten, then the Partiesshall make good faith efforts to modify the provision to the minimum ex-
tent necessary to make it or its application valid and enforceable; however, if the Parties are
unable to agree to modify the provision to the extent necessary to make it or its application
valid and enforceable, this entire IGAshall be of no force and effect.
5.15Effective Date.This IGA shall be effective upon filing of the original executed IGA with the
office of the Pima County Recorder.
IN WITNESS WHEREOF, each of the Parties hasexecuted this IGAas of the signature
date below.
CITY OF TUCSONTOWN OF MARANA
Mayor Jonathan Rothschild Mayor Ed Honea
Date:Date:
ATTEST:ATTEST:
City ClerkJocelyn C. Bronson, Town Clerk
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ATTORNEY CERTIFICATION
The foregoing intergovernmental agreement between the Town of Marana and the City of Tuc-
son, has been reviewed on the date set forth belowpursuant to A.R.S. §11-952 by the under-
signed attorneys, each of whomhasdetermined that it is in proper form and within the powers
and authority granted under the laws of the State of Arizona to the Partyrepresented by the
respective undersigned attorney.
Mike Rankin, City AttorneyFrank Cassidy, Town Attorney
City of TucsonTown of Marana
Date:Date:
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EXHIBIT 1
EFFLUENTALLOCATIONFORMULA
Definitions
“Q”is the sum of the following:
The quantity of potable water, in acre-feet, delivered by Marana to its customers within
the service area of MetropolitanAreaWRFs during the previous calendar year, as deter-
mined by billing records; excluding any potable water delivered by Marana for golf
course irrigation, parks irrigation, and other turf irrigation
The quantity of potable water, in acre-feet, delivered by Tucson to its customers whose
water deliveries Marana reimbursed with water credits pursuant to the Water Service
IGA,as determined by billing records
“F”is the agreed factor to be applied to Q to calculate the amount of wastewater delivered to
PimaCounty from Waters of Marana; the agreed factor in this IGA is .62.Tucson and Marana
intend “F”to reasonably approximate the amount of wastewater delivered to MetropolitanArea
WRFsfrom Waters of Marana, and this factor may be altered at the request of either party if
reliable data shows that it does not reasonably approximate these deliveries at the time of the
request.
“W”is the product of “Q”times “F”, equaling the amount of wastewater delivered to Pima
County from Waters of Marana.
“L”is the percentage of Effluent remaining after processing the wastewater at all of the Metro-
politan Area WRFs during the previous calendar year.
“I”is the quantity of wastewater inflow received at all of the Metropolitan Area WRFs during
the preceding calendar year as reported in PimaCounty’s Discharge Monitoring Reports for each
WRF.
“E”is the quantity of Effluent discharged from all of the Metropolitan Area WRFsduring the
preceding calendar year as reported in PimaCounty’s Discharge Monitoring Reports for each
WRF.
“MUGAE”is the gross amount of Effluent derived from the Waters of Marana for the year in
which the calculation is made.
“S”is the SAWRSA Effluent.
“MUS”is Marana’s contribution to S for the year inwhich the calculation is made.
“CEP”is the Conservation Effluent Pool for the previous calendar year.
“MUCEP”is Marana’s contribution to CEP for the year in which the calculation is made.
“MUPE”is Marana’s contribution to Pima County’s share of the Effluent for the year in which
the calculation is made.
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{00000538.DOCX /5}10/8/2014 9:27 AM
“MUE”is the amount of Marana’s Effluent for the calendar year in which the calculation is
made.
Step One—
Calculation of the “L”loss factor.
“E”/“I”= “L”—
the loss factor.
Step Two—
Calculation of the “MUGAE”.
“Q”x “F”x “L”= “MUGAE”—
Marana’s Gross Amount of Effluent
Step Three—
Calculation of amounts of Effluent to be deducted, pursuant to subparagraph4.2.2
ofthe IGA, from the “MUGAE”.
SAWRSA Effluent
(“S”/“E”) x “MUGAE”= “MUS”—
Marana’s contribution to the SAWRSA Effluent.
Conservation Effluent Pool
“CEP”/(“E”–“S”) x (“MUGAE”–“MUS”) =“MUCEP”—
Marana’s contribution to
the Conservation Effluent Pool.
PimaCounty Effluent
(“MUGAE”–“MUS”–“MUCEP”) x .1 = “MUPE”—
Marana’s contribution the Pima
County Effluent.
Step Four—
Calculation of amount of ME for the year in which the calculation is made.
“MUGAE”–“MUS”–“MUCEP”–“MUPE”= “MUE”—
Marana’s Effluent.
Delivery Schedule
.
Marana’s daily entitlement of Effluent will be 1/365 of the “MUE”.
The delivery schedule is subject to modification or adjustment by written Addendum between
the Parties.
EXAMPLE
The following is an example, for illustrative purposes only, of the application of the above for-
mula and delivery schedule assuming the following data:
“Q”The quantity of potable water delivered by Marana to its customers within the area served
by Metropolitan Area WRFs in the previous calendar year was 1,200acre feet of which 200 acre
feet was irrigation water.
“F”The agreed factor is .62.
“I”The wastewater inflow at all Metropolitan Area WRFsin the previous calendar year was
80,000 acre feet.
“E”The Effluent discharged from the Metropolitan Area WRFsin the previous calendar year
was 70,000 acre feet.
“S”The SAWRSA Effluent is 30,000 acre feet.
“CEP”The Conservation Effluent Poolwas 5,000 acre feet in the previous calendar year
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{00000538.DOCX /5}10/8/2014 9:27 AM
Step One
.
—
70,000 divided by 80,000 equals .875the “L”
Step Two
.
—
1,000 times .62 equals 620 acre feet. 620 times .875 equals 542.5 acre feetthe “MUGAE”
Step Three
.
—
30,000 divided by 70,000 equals .4286, .4286 times 542.5 equals 232.5155 acre feetthe
“MUS”
5,000 divided by 40,000 (70,000 minus 30,000) equals .125, .125 times 309.9845 (542.5 –
—
232.5155) equals 38.748 acre feetthe “MUCEP”
542.5 minus 232.5155 minus 38.748 equals 271.23644, 271.23644 times 0.1 equals 27.12364
—
acre feetthe “MUPE”
Step Four
.
—
542.5 minus 232.5155 minus 38.748 minus 27.12364 equals 244.11286 acre feetthe “MUE”
Delivery Schedule
Marana’s total daily delivery entitlement is 244.11286 divided by 365 equals 0.6688 acre feet.
Example Summary
Under the factual assumptions stated in this example, Marana would be assigned 244.11286 acre
feet of Tucson’s Effluent.Marana’s total daily Effluent entitlement would be 0.6688 acre feet.
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MARANA RESOLUTION NO. 2014-108
RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE THE SUNSET RANCH WATER SERVICE TRANSFER AGREEMENT WITH
THE CITY OF TUCSON
WHEREAS the City of Tucson currently provides water service in an area referred to as
the “Sunset Ranch Water Service Area” in theAgreement addressed by this resolution, which
includes all of the land in the Northeast Quarter of the Southeast Quarter of Section29,
Township12South, Range12 East, Gila and Salt River Base and Meridian; including the thirty
lots depicted on the subdivision plat of Sunset Ranch Estates Lots1-30 recorded in the office of
the Pima County Recorder at Book47 of Maps and Plats, Page18 and the three residential lots
located northwest of that subdivision within the said Northeast Quarter of the Southeast Quarter
of Section29; and
WHEREAS the Town of Marana provides water service to the areas located east and
south of the Sunset Ranch Water Service Area; and
WHEREAS the Town of Marana provides, via system interconnect, the water used by the
City of Tucson to serve the Sunset Ranch Water Service Area; and
WHEREAS the Town of Marana desires to purchase and the City of Tucson desires to
sell the Sunset Ranch Water Service Area; and
WHEREAS the Mayor and Council of the Town of Marana find that the best interests of
Marana and its citizens are served by entering into this agreementand acquiring the Sunset
Ranch Water Service Area.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, that the “Sunset Ranch Water Service Transfer Agreement between the
City of Tucson and the Town of Marana” attached to this resolution as Exhibit Ais hereby
approved, and the Mayor is authorized to execute it for and on behalf of the Town of Marana.
IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and
authorized to undertake all other and further tasks required or beneficial to carry out the terms,
obligations, conditions and objectives of the agreement.
{00039891.DOCX /}
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Resolution No. 2014-10810/10/2014 11:17 AMFJC
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 21st day of October, 2014.
Mayor Ed Honea
ATTEST:APPROVED AS TO FORM:
Jocelyn C. Bronson, Town ClerkFrank Cassidy, Town Attorney
{00039891.DOCX /}
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Resolution No. 2014-10810/10/2014 11:17 AMFJC
SRWSTA
UNSETANCHATERERVICERANSFERGREEMENTBETWEEN
CTTM
THEITY OF UCSON AND THE OWN OF ARANA
TAis made and entered into by and between the CT, an Arizona
HISGREEMENTITY OF UCSON
municipal corporation (“T”)and theTM, an Arizona municipal corporation
UCSONOWN OF ARANA
(“M”). TandMare sometimes collectively referred to as the “Parties,”
ARANAUCSONARANA
either of which is sometimes individually referred to as a “Party.”
R
ECITALS
A. Tand Mare municipal water service providers, each of which provides
UCSONARANA
water service in designatedservice areas in and near the jurisdictional boundaries of the Town of
Marana.
B. Tcurrently provides water service in an area known as and referred to in this
UCSON
Agreement as the “Sunset Ranch Water Service Area” with water provided by Mpursuant
ARANA
to an intergovernmental agreement with T.For purposes of this Agreement, the Sunset
UCSON
Ranch Water Service Areaincludes all of the land in the Northeast Quarter of the Southeast
Quarter of Section29, Township12South, Range12 East, Gila andSalt River Base and
Meridian; including the thirtylots depicted on the subdivision plat of Sunset Ranch Estates
Lots1-30 recorded in the office of the Pima County Recorder at Book47 of Maps and Plats,
Page18 and the three residential lots located northwest of that subdivision within the said
Northeast Quarter of the Southeast Quarter of Section29.
C. Mdesires to purchase and Tdesires to sell the Sunset Ranch Water
ARANAUCSON
Service Area based on the terms set forth in this Agreement.
A
GREEMENT
N,, in consideration of the foregoing premises and the mutual covenants set
OWTHEREFORE
forth in this Agreement, the Parties hereby agree as follows:
1.Transfer of Sunset Ranch Water Service Area.
(A)Tshall transfer to Mall of the following:
UCSONARANA
(i)The right to provide water service to the Sunset Ranch Water Service Area and all
land and customers located there.
(ii)All existing lines, valves, and other water-related facilities, a general description
of which is set forth on Exhibit A attached to and incorporated in this Agreement by this
reference.
(iii)Groundwater service area rights.
(iv)Any and all other necessary appurtenances and rights, corporeal and incorporeal,
currently owned or held by Tand used for the provision of water service within or
UCSON
relating to the Sunset Ranch Water Service Area.
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ITY OF UCSONOWN OF ARANAUNSETANCH ATER ERVICE RANSFER GREEMENT
-1 -
(v)Tucson’s obligations to provide water service within the Sunset Ranch Estates
area as established in Section I of that Agreement for Construction of Facilities Under
Private Contract between the City of Tucson and Scenic Farms Development Partnership,
dated April 26, 1996.
(B)Transfer of the Sunset Ranch Water Service Area shall occur automatically effective
January1, 2015, without further action by Tupon M’s payment of the amount
UCSONARANA
specified in paragraph2 below. However, Tshall execute any further documents
UCSON
reasonably requested by Mto evidence the transfer, including without limitation one
ARANA
or more bills of sale, deeds and easements. Tshall provide the documents at the time
UCSON
Mtenders payment pursuant to Paragraph2 below, or, if Mrequests
ARANAARANA
documentation after payment, within ten business days of receiving a written request from
M.
ARANA
2.Payment by M. In consideration of the transfer of the Sunset Ranch Water Service
ARANA
Area as specified in paragraph1 above, Mshall pay Tthe sum of $50,851.00 to be
ARANAUCSON
paid by check within thirty days after the effective date of this Agreement.
3.The Parties’mutual representation about the purchase price. The Parties mutually
represent that the purchase price of $50,851.00 was arrived at by negotiation only, based on the
unique facts and circumstances that apply to the Sunset Ranch Water Service Area. The purchase
price shall not be treated by either Party as reflective of the price Twould accept or
UCSON
Mwould pay on a per-account basis for water accounts that do not share the unique facts
ARANA
and circumstances that apply to the Sunset Ranch Water Service Area. These unique facts and
circumstances include, but are not limited to, the prior history and agreements relating to the
Sunset Ranch Water Service Area.
4.The Parties’ coordination with customers. To the extent possible within the constraints of
any applicable law, the Parties will coordinate with respect to:
(A)the mutual notification of affected customers regarding the transfer of the Sunset
Ranch Water Service Area; and
(B)avoiding customer disruptions; and
(C)transferring customer billing information.
5.T’s representations and warranties. In addition to other representations reflected in
UCSON
the express terms of this Agreement, Trepresents and warrants to Mand upon
UCSONARANA
transfer of the Sunset Ranch Water Service Area shall be deemed to warrant and represent as
follows:
(A)Tucsonwill not to compete or interfere with Marana’s provision of water service to
the Sunset Ranch Water Service Area.
(B)Tucsonis a municipal corporation duly organized, validly existing and in good
standing under the laws of the State of Arizona and has the full power and authority to
execute and deliver this Agreement, and to perform and carry out all covenants and
obligations to be performed and carried out by Tucsonunderthis Agreement.
(C)This Agreement and any deeds, assignments, certificates or other instruments or
documents executed or delivered by Tucsonin connection with the transactions contemplated
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ITY OF UCSONOWN OF ARANAUNSETANCH ATER ERVICE RANSFER GREEMENT
-2 -
inthis Agreementconstitute legal, valid and binding obligations of Tucson, enforceable
against Tucsonin accordance with their respective terms.
(D)To Tucson’s actual knowledge upon good faith investigation, the execution, delivery
and performance of this Agreement by Tucsonand the consummation of the transactions
contemplated inthis Agreementwill not:
(i)result in a breach or acceleration of or constitute a default or event of termination
under the provisions of any agreement or instrument to which Tis a party or
UCSON
bound;
(ii)result in the creation or imposition of any lien, charge or encumbrance on or
against the Sunset Ranch Water Service Area any portion ofit; or
(iii)constitute or result in the violation or breach by Tof any judgment, order,
UCSON
writ, injunction or decree issued against or imposed upon T.
UCSON
(E)To T’s actual knowledge upon good faith investigation, as of the date this
UCSON
Agreement is executed there is no pending litigation affecting the Sunset Ranch Water
Service Area, T’s right to provide water service to the Sunset Ranch Water Service
UCSON
Area,or any of the water related facilities being transferred to Munderthis
ARANA
Agreement. If Tbecomes aware of any litigation affecting the Sunset Ranch Water
UCSON
Service Area, T’s right to provide water service to the Sunset Ranch Water Service
UCSON
Area,or any of the water related facilities being transferred to Munder this
ARANA
Agreement at any timeprior to the payment required by Paragraph2 above, Tshall
UCSON
give prompt written notice thereof to Mbeforeaccepting monies tendered by
ARANA
Mpursuant to this Agreement.
ARANA
(F)Thas not received notice, formal or informal, from any governmental agency
UCSON
of any violation by Tof any laws, ordinances, rules or regulations with respect to the
UCSON
provision of water service to the Sunset Ranch Water Service Area and to T’s actual
UCSON
knowledge upon good faith investigation no such violations exist. If Tbecomes aware
UCSON
of any such violation prior to the payment required by Paragraph2 above, Tshall give
UCSON
prompt written notice thereof to Mbeforeaccepting monies tendered by M
ARANAARANA
pursuant to this Agreement.
6.M’srepresentations and warranties. In addition to other representations reflected in
ARANA
the express terms of this Agreement, Mrepresents and warrants to Tand upon
ARANAUCSON
transfer of the Sunset Ranch Water Service Area shall be deemed to warrant and represent as
follows:
(A)Mis a municipal corporation duly organized, validly existing,and in good
ARANA
standing under the laws of the State of Arizona,and has the full power and authority to
execute and deliver this Agreement, and to perform and carry out all covenantsand
obligations to be performed and carried out by Munderthis Agreement.
ARANA
(B)This Agreement constitutes a legal, valid and binding obligation of M,
ARANA
enforceable against Min accordance with its terms.
ARANA
(C)To M’s actual knowledge upon good faith investigation, the execution,
ARANA
delivery and performance of this Agreement by Mand the consummation of the
ARANA
transactions contemplated in this Agreement will not
{00028174.DOCX/}10/8/20149:38AM
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ITY OF UCSONOWN OF ARANAUNSETANCH ATER ERVICE RANSFER GREEMENT
-3 -
(i)result in a breach or acceleration of or constitute a default or event of termination
under the provisions of any agreement or instrument to which Mis a party or
ARANA
bound; or
(ii)constitute or result in the violation or breach by Mof any judgment, order,
ARANA
writ, injunction or decree issued against or imposed upon M.
ARANA
7.Intergovernmental agreement. To the extent this Agreement constitutes a contract for
services or a joint exercise of powers common to Mand T,it shall be considered an
ARANAUCSON
intergovernmental agreement executed under the authority of A.R.S. §11-952.
8.Notices. All notices, requests and other communications under this Agreement shall be
given in writing and either (i) personally served on the party to whom it is given, or (ii) mailed
by registered or certified mail, postage prepaid, return receipt requested, or (iii) sentby private
overnight courier such as Federal Express or Airborne, or (iv) transmitted by facsimile (provided
that a confirming copy of the facsimile transmission is mailed on the date of such transmission),
addressed as follows:
If to T:
UCSON
CT
ITY OF UCSON
th
255 West Alameda Street, 10Floor
P.O. Box 27210
Tucson, Arizona 85726-7210
(520) 791-4204
Fax (520) 791-5198
If toM:
ARANA
TM
OWN OF ARANA
11555 W. Civic Center Dr.
Marana, Arizona 85653
(520) 382-1999
Fax (520) 382-1945
All notices shall be deemed given when delivered or transmitted by facsimile or, if mailed as
provided above, on the second day after the day of mailing, and if sent by overnight courier, on
the next day after the date of deposit with the courier. EitherParty may change its address for the
receipt of notices at any time by giving written notice thereof to the other Partyin accordance
with the terms of this section. The inability to deliver notice because of a changed address of
which no notice was given, or rejection or other refusal to accept any notice, shall be deemed to
be the effective receipt of the notice as of the date of such inability to deliver or rejection or
refusal to accept.
9.Miscellaneous.
(A)This Agreement may not be modified except in a writing signed by the Parties.
(B)Time is of the essence of this Agreement.
(C)This Agreement shall be governed by and interpreted in accordance with the laws of
the State of Arizona, and any lawsuit to enforce any provision of this Agreement or to obtain
any remedy with respect to this Agreement shall be brought in the Pima County Superior
{00028174.DOCX/}10/8/20149:38AM
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ITY OF UCSONOWN OF ARANAUNSETANCH ATER ERVICE RANSFER GREEMENT
-4 -
Court, and for this purpose the Parties expressly and irrevocably consent to the jurisdiction of
the Pima County Superior Court.
(D)If either of the Parties fails to perform any of its obligations under this Agreement or
if a dispute arises concerning the meaning or interpretation of any provision of this
Agreement, the defaulting party or the party not prevailing in the dispute, as the case may be,
shall pay any and all costs and expenses incurred by the other party in enforcing or
establishing its rights under this Agreement, including, without limitation, court costs and
reasonable attorneys’ fees.
(E)This Agreement may be executed in multiple counterparts, each of which shall, for all
purposes, be deemed an original and all of which, taken together, shall constitute one and the
same agreement.
(F)This Agreement shall be binding upon and inure to the benefit of the Parties and their
respective successors in interest and assigns; provided, however, that no assignment of this
Agreement shall in any way relieve the assignor of its obligations under this Agreement.
(G)This Agreement is subject to A.R.S. § 38-511, which provides for cancellation of
contracts in certain instances involving conflicts of interest.
(H)Upon execution by the Parties, this Agreement shall be filed with the office of the
Pima County Recorder.
I, the Parties have executed this Agreement as of the last date set forth
N WITNESS WHEREOF
below their respective representatives’ signatures, which shall be the effective date of this
Agreement.
CITY OF TUCSONTOWN OF MARANA
Mayor Jonathan Rothschild Mayor Ed Honea
Date:Date:
ATTEST:ATTEST:
City ClerkJocelyn C. Bronson, Town Clerk
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-5 -
ATTORNEY CERTIFICATION
The foregoing intergovernmental agreement between the Town of Marana and the City of
Tucson, has been reviewed on the date set forth below pursuant to A.R.S. §11-952 by the
undersigned attorneys, each of whom has determined that it is in proper form and within the
powers and authority granted under the laws of the State of Arizona to the Party represented by
the respective undersigned attorney.
Mike Rankin, City AttorneyFrank Cassidy, Town Attorney
City of TucsonTown of Marana
Date:Date:
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-6 -
Tiffany Loop
and Twin Peaks
Annexation
CASE ANX1304-001
Proposed
An annexation of approximately 9.2 acres located on the northeast
Tiffany Lp\Twin Peaks
corner of Tiffany Loop and Twin Peaks Rd.
Annex
Data Disclaimer: The Town of Marana provides this map information "As Is" at the request of the user with the understanding that it is not
¯
guaranteed to be accurate, correct or complete and conclusions drawn from such information are the responsibility of the user. In no
event shall The Town of Marana become liable to users of these data, or any other party, for any loss or direct, indirect, special,
05001,000
incidental, or consequential damages, including but not limited to time, money, or goodwill, arising from the use or modification of the data.
Feet
U:\Annexations\Proposed Tiffany Lp and Twin Peaks Annex Letter.mxd