Loading...
HomeMy WebLinkAbout12/05/2006 Blue Sheet Cascada Specific Plan TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: December 5, 2006 AGENDA ITEM: J. 1. a TO: MAYOR AND COUNCIL FROM: Barbara C. Berlin, AICP, Planning Director AGENDA TITLE: PUBLIC HEARING. Ordinance No. 2006.23: Relating to Development; approving and authorizing a rezoning of 1227 acres of land from "F" (Acacia Hills specific plan and Northgate specific plan) and 227 acres of "C" large lot zone to zone "F," creating the Cascada specific plan. DISCUSSION History The Cascada Specific Plan would replace the Acacia Hills and Northgate specific plans, approved in 1988 and 1991, respectively, and rezone 226.76 of"C" property. The Acacia Hills and Northgate specific plans allow from 7,000 to 10,000 dwelling units for a gross density of about seven units per acre, while the proposed Cascada plan would allow 3,806 residences for a gross density of 2.6 units per acre. Accordingly, this Council action represents a voluntary down-zoning of the property. The Planning Commission conducted a public hearing on this proposal on February 6,2006 and unanimously recommended approval with conditions. Since that recommendation, the applicant and the Town have negotiated a development agreement that addresses many ofthose conditions. Also, the applicant has since sold approximately 22 acres of land to the Barclay Group, which has incorporated that land into their application for the Marana Spectrum Specific Plan, now in reVIew. The applicant has made several adjustments to the land use proposal in the specific plan since February. I;irst, as a result of a request by the Pima County Administrator, the applicant has designated a 14.8-acre parcel at the northeast comer of the property as Natural Undisturbed Open Space instead of Medium Density Residential. That parcel will become part of an open space corridor. Second, properties sold to the Barclay Group included land designated as an Employment Center. In removing those parcels, the developer changed a High Density Residential parcel to Employment Center, and incorporated high density residential into the allowed uses for Employment Center. Allowing the residential use where previously excluded would permit 300 additional units, an increase of 8.5%, over the February version of the plan, but remains significantly lower that the existing entitlement. Finally, the Marana Unified School District rejected an offer for a set-aside of a 12-acre school site. The Cascada plan would allow schools Cascada Specific Plan 11/07/06 BCB as a permitted use throughout the project area, but no longer identifies a specific site. Should MUSD reconsider, there would be no need to amend the plan. Location The project is located generally northeast ofthe new Twin Peaks/Linda Vista Interchange, and is bounded on the north by State Trust property, on the east by the Marana corporate limits, on the south by Camino de Manana and Linda Vista Boulevard, and on the west by the Union Pacific Railroad tracks. Land Use Cascada's mix and range of land uses allow for the development of a live-work community and provide a range of housing opportunities. A 470-acre block at the northern end of the project provides one-acre home sites surrounded by natural open space. This area lies north of the Lambert Lane alignment and is somewhat isolated from the remainder ofthe project. A key feature of the project is a 30-acre village center. The village center proposes a pedestrian scaled mixed commercial neighborhood that includes high density housing in live-work units, apartments, and small-lot single family units. It includes public spaces, gathering places, and courtyards surrounding neighborhood retail, offices, entertainment, and other uses and activities customary in a small downtown. Another important feature is that each development block is to contain a mix of lot sizes and housing types. Each block has an assigned maximum number of units, which determines the overall density. However, the unit cap ensures that the block cannot be built out with only one lot size. The project as a whole could achieve a maximum of 3,806 dwelling units; this is roughly halfthe units that the entitled Acacia Hills and Northgate specific plans allow. Within each block the developer intends to plat and build on a range of lot sizes. High density neighborhoods border the village center on the west and southwest, ending at Camino de Manana. Medium density blocks border the higher density blocks. This category includes the Oasis Hills subdivision, which was originally part of the Acacia Hills specific plan. An employment center lies on both sides of Camino de Manana, taking advantage of the new Linda Vista/I-I 0 interchange. The Employment Center may include offices, research and development and other light industrial uses, hotels/motels, regional commercial uses; and medium to high density residential. It excludes manufacturing and warehousing. The plan envisions medium high residential neighborhoods east of the village center and west and north of the high density blocks. Transportation Plan Regional access to Cascada will be from 1-10 at the new Twin Peaks/Linda Vista interchange. Cascada can be reached from the east by Linda Vista Boulevard and Camino de Manana. The plan restricts internal circulation to a north-south spine road that is an extension of Linda Vista and local streets connecting to the spine road. The spine road is interrupted by the village center, but continues as a one-way loop around it. Local streets with a reduced pavement width will be -2- private, while public streets will meet the Town standard. The developer will construct all streets within the project. The major washes that transect the project area pose challenges that the plan proposes to meet through a system of trails. There will be pedestrian access across the major washes, and multi- use trails parallel to the washes. The development agreement for this project requires the applicant to dedicate all rights-of-way needed for any portion of the adjacent regional roadways. The D.A. allows the applicant to construct portions of the Twin Peaks/Linda Vista transportation improvements (TI) to the extent they are necessary for the Cascada project so long as the applicant begins not later than eight months before and finishes not later than the date of the anticipated start of construction of the TI. As currently in effect, the Marana South Transportation Development Impact Fee does not include right-of-way acquisition, so the developer cannot receive credit for the property dedicated for the TI. Accordingly, the Town will collect this impact fee. Open Space, Parks, and Recreation The plan differentiates between open space that provides environmental protection and active recreation areas. The active areas include 59 acres to be designed and operated as a public regional park. Cascada's design team will work with the Marana Parks and Recreation staff to plan this park. Neighborhood parks will serve as the organizing principal for the higher density residential blocks surrounding the village center. Similar to Verrado, a master-planned community in Buckeye, houses will face these internal parks. Subdivision plans will include specific neighborhood park plans. Seven wash corridors transect the project site; these are to remain open with minimal disturbance. A 404 permit, for which the developer has applied to the US Army Corps of Engineers, may regulate whether and how these washes may be disturbed. A 404 permit is pending; however, with the recent Supreme Court Rapanos decision, the role of the Federal government with respect to enforcement of the Clean Water Act remains uncertain. The specific plan requires grade control structures to maintain the natural or design channel grade. The plan depicts drainage way trails along the sides of these washes. Regardless of whether or not a 404 permit is issued, the specific plan requires protection of the wash corridors and incorporates them into the project design. The plan identifies 235 acres ofNUOS on three parcels; parcels 6 and 33 also serve as mitigation land for the Hartman Vistas development. Their inclusion in the Cascada plan as designated open space help ensure that they will, in fact, remain open space. Parcel 5, designated as low density residential, contains 360 acres of natural open space. This open space will allow disturbance only for roadways and building pads; each lot will include open space to remain undisturbed. -3- Cascada obtained a Biological Opinion from US Department of Fish and Wildlife that provides a management plan for wildlife mitigation within the open space. The mitigation plan also limits the number of horses that can use the internal trails at anyone time. Sewer and Water Cascada will connect to the Dove Mountain off-site sewer, which runs along the west and southwestern boundaries, to provide gravity sewer service for a portion of the project. The developer is negotiating an additional outfall sewer line with Pima County Department of Wastewater Management. The low density residential area will use individual septic systems. The developer has entered into an agreement with the Marana water department and has already built a well with a 12-inch supply line along Linda Vista Boulevard to a 500,000 gallon booster station. Per that agreement, when the first 80 dwelling units of the plan are completed, the developer must supply an additional 500,000 gallon reservoir at the booster station and return 16-foot water line down Linda Vista. When 350 units have been built the agreement requires another well on site. Portions of the project area lie within regulated floodplain and will be subject to the Town's floodplain code. Each subdivision plat will require a detailed drainage report before any site disturbance may commence. Cultural Resource The site has had a 100% survey for archeological resources, summarized in the specific plan document. Areas that require additional surveys or data recovery must be addressed before subdivision plats affecting those areas can be approved. Cascada contains an in-use cemetery of the Pascua Yaqui nation. Through consultations with tribal members, the developer agreed to preserve a 50-foot wide buffer around the cemetery and construct a fence. Schools The developer has as recently as last month met with representatives of Marana Unified School District (MUSD) regarding a possible school site; the district rejected the offer of a school site. Instead, there will be a voluntary contribution of $ 1200/dwelling unit. The land use designations allow for community facilities; in the event that the district revises its position, there will remain opportunities for schools within Cascada. Development and Design Standards The Cascada specific plan proposes development and design standards that fully realize the intent of the specific plan process with respect to urban design. Rather than focusing on lot size per se, the plan proposes to use density caps for each development block, along with -4- architectural guidelines to achieve a true mix of housing types and sizes within neighborhoods. The plan establishes a base size for single family detached housing of 3500 square feet (except for the LDR area, with a one-acre minimum lot size) , consistent with Marana's residential design standards. Each residential block, or parcel, will have a maximum density and a maximum lot yield. Residential developments seldom achieve the maxim"!lm lot yield. The proposed densities range from one unit/acre for the LDR; five units/acre for MDR- medium density residential; seven units/acre for MHDR-medium high density; 10 units/acre in HDR; 15 units/acre within the employment center; and 20 units/acre within the village center. The plan requests other modifications from the Town's standards, including: increased height (28'in LDR and MDR; and 30-40' in other districts); increased lot coverage (65%); and reduced setbacks. It also requests the flexibility of no minimum lot dimensions, relying instead on density caps and setback requirements. Cascada proposes its own set of residential design guidelines. These guidelines are written in a much different format than the Town's with the design review committee having significant authority. The design guidelines address platting, including requirements to mix lot sizes and building types, as well as architectural features of individual buildings. The developer has invited the Town to appoint a representative to the Cascada design review committee as a standing member. Benefit Fee Area As noted above, residential construction within the Cascada Specific Plan will be subject to the South Marana Transportation Impact Fee. It is also subject to the Town-wide Park Development Impact Fee. Per the development agreement, the project will be credited against impact fees for all land dedicated for public parks or public access trails, and all costs incurred in the construction or improvement of the regional park or public access trails. Park and trail design and construction must meet with the approval of the Town. Public Comments Prior to the writing of the staff report for the public hearing in February staff received no comments on the proposed rezoning. Immediately prior to the hearing the Town received a letter from the Coalition for Protection of the Sonoran Desert regarding their desire for protection of a 14.8-acre parcel, which has since been removed from development and designated NUOS. During the public hearing a representative of the Lee family interest spoke regarding access to their property off Linda Vista. The property has since been purchased by the Barclay Group and included in the proposed Marana Spectrum specific plan. The Town has also received correspondence from the Pima County Regional Flood Control District (February 9), the Deputy County Administrator (October 4), and the County Administrator (October 24) on both the specific plan and the development agreement expressing concern about drainage for the property. Staffs position has been and remains that the Town has sufficient authority to address drainage and flood control during the platting process. Further, staff believe that the incorporation and protection of natural open space and drainage corridors provide a far better land use plan that do the existing entitlements. -5- ATTACHMENTS Summary application, location map, and specific plan document. Also included are letter from The Planning Center regarding the Cascada design standards and Residential Design Standards Comparison. RECOMMENDATION Staff recommends approval ofthe Cascada Specific Plan subject to the conditions below. CONDITIONS 1. Compliance with all applicable provisions of the Town's Codes, and Ordinances current at the time of any subsequent development including, but not limited to, requirements for public improvements. 2. The ultimate development proposed by this rezoning shall comply with the requirements of the adopted Development Agreement. 3. The property owner(s) shall not cause any lot split of any kind unless approved by the Town of Maran a as a subdivision. 4. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation or relieves the applicant or the land owner from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. Appropriate experts should be retained and appropriate federal and state agencies should be consulted to determine any action necessary to assure compliance with applicable laws and regulations. 5. The developer shall dedicate, or cause to have dedicated, the necessary rights-of-way for Camino de Manana and Linda Vista Boulevard, per the Development Agreement. 6. A water service agreement and a master water plan must be submitted by the developer and accepted by the Utilities Director prior to the approval of water improvement plans. 7. A sewer service agreement and master sewer plan must be submitted by the developer and accepted by Pima County Wastewater Management and the Town Engineer prior to the approval of sewer plans. 8. Before a certificate of occupancy is issued for any dwelling unit on the property, the developer shall have completed or shall provide evidence to the Town's satisfaction that developer has made a diligent effort to complete the process of having the property annexed into a fire district or otherwise provide for fire protection service. 9. All parks and trails within Cascada will be developed by the Master Developer, subject to the approval of the Marana Parks and Recreation Director. Neighborhood parks must be identified in subdivision plats and detailed design as part of the landscape plans for those subdivisions. The regional park shall be designed and constructed by the Master Developer. Design and construction standards, type and number of amenities and phasing shall be approved by the Park and Recreation Director. -6- 10. A homeowners association (HOA) shall be established, acceptable to the Town of Marana, to control, maintain, and manage the residential areas and open space. 11. The Town, or an agreeable third party, shall reserve the right for future site inspection for the purposes of habitat monitoring and management. 12. The Management Program for Natural Undisturbed Open Space, developed with the assistance of the State of Arizona Game and Fish Department and described in the Cascada Specific Plan, shall remain in effect regardless of any change of status of any endangered species for which it was designed. 13. The Town shall reserve the right to monitor and enforce the habitat management responsibilities of the HOA. 14. Minor grammatical and technical changes as required by the Town of Marana shall be made to the Cascada Specific Plan. 15. The Master Developer shall submit an annual report within 30 days of the anniversary of the Town Council's approval of the Specific Plan, in addition to those requirements listed in the Land Development Code. 16. Upon adoption of the ordinance by the Mayor and Council approving the Cascada Specific Plan, the applicant shall provide the planning department with the following final editions of the Cascada Specific Plan: one non-bound original; thirty bound copies; and one digital copy in Microsoft Word or other acceptable format, within sixty days of the adoption. SUGGESTED MOTION I move to approve Ordinance No. 2006.23, rescinding the Acacia Hills and Northgate Specific Plans and adopting the Cascada Specific Plan with conditions. -7- MARANA ORDINANCE NO. 2006.23 RELATING TO DEVELOPMENT; APPROVING AND AUTHORIZING A REZONING OF 1227 ACRES OF LAND FROM "F" (ACACIA HILLS SPECIFIC PLAN AND NORTHGA TE SPECIFIC PLAN) AND 227 ACRES OF "C" LARGE LOT ZONE TO ZONE "F" CREATING THE CASCADA SPECIFIC PLAN. WHEREAS, The Planning Center represent the property owners of approximately 1454 acres ofland located in portions of Sections 9, 10, 11, 14, 15 and 22, Township 12 South, Range 12 East; bounded on the north by State Trust Lands; east by Marana corporate limits; the south by Camino de Manana and Linda Vista Boulevard; and the west by South Pacific Railroad and 1-1O.as depicted on Exhibit "A", attached hereto and incorporated herein by this reference; and, WHEREAS, the Marana Planning Commission held a public hearing on February 22,2006, and at said meeting voted unanimously to recommend that the Town Council approve said rezoning, adopting the recommended conditions; and, WHEREAS, the Marana Town Council heard from representatives ofthe owners, staff and members of the public at the regular Town Council meeting held November 7, 2006, and has determined that the rezoning meets the intent of the General Plan, and should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council ofthe Town of Maran a, Arizona, as follows: Section 1. A minor amendment to the General Plan of approximately 227 acres of land located within portions of Sections 9, 10, 11, 14, 15 and 22, Township 12 South, Range 12 East; bounded on the north by State Trust Lands; east by Marana corporate limits; the south by Camino de Manana and Linda Vista Boulevard; and the west by South Pacific Railroad and 1-10. changing the land use designation from Low Density Residential to Master Planning Area. Section 2. The zoning of approximately 1454 acres ofland located within located within portions of Sections 9, 10, 11, 14, 15 and 22, Township 12 South, Range 12 East; bounded on the north by State Trust Lands; east by Marana corporate limits; the south by Camino de Manana and Linda Vista Boulevard; and the west by South Pacific Railroad and 1-10 is hereby changed from "F" (Acacia Hills Specific Plan and Northgate Specific Plan) and "C" Large Lot Zone creating the Cascada Specific Plan. Section 3. The purpose of this rezoning is to allow the use of the Rezoning Area for mix of residential densities and housing types, commercial uses and recreation and open space, subject to the following conditions, the violation of which shall be treated in the same manner as a violation of the Town of Maran a Land Development Code (but which shall not cause a reversion of this rezoning Cascada Specific Plan Page 1 of3 ordinance): 1. Compliance with all applicable provisions of the Town's Codes, and Ordinances current at the time of any subsequent development including, but not limited to, requirements for public improvements. 2. The ultimate development proposed by this rezoning shall comply with the requirements of the adopted Development Agreement. 3. The property owner(s) shall not cause any lot split of any kind unless approved by the Town of Marana as a subdivision. 4. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation or relieves the applicant or the land owner from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. Appropriate experts should be retained and appropriate federal and state agencies should be consulted to determine any action necessary to assure compliance with applicable laws and regulations. 5. The developer shall dedicate, or cause to have dedicated, the necessary rights-of-way for Camino de Manana and Linda Vista Boulevard, per the Development Agreement. 6. A water service agreement and a master water plan must be submitted by the developer and accepted by the Utilities Director prior to the approval of water improvement plans. 7. A sewer service agreement and master sewer plan must be submitted by the developer and accepted by Pima County Wastewater Management and the Town Engineer prior to the approval of sewer plans. 8. Before a certificate of occupancy is issued for any dwelling unit on the property, the developer shall have completed or shall provide evidence to the Town's satisfaction that developer has made a diligent effort to complete the process of having the property annexed into a fire district or otherwise provide for fire protection service. 9. All parks and trails within Cascada will be developed by the Master Developer, subject to the approval of the Marana Parks and Recreation Director. Neighborhood parks must be identified in subdivision plats and detailed design as part of the landscape plans for those subdivisions. The regional park shall be designed and constructed by the Master Developer. Design and construction standards, type and number of amenities and phasing shall be approved by the Park and Recreation Director. 10. A homeowners association (HOA) shall be established, acceptable to the Town of Marana, to control, maintain, and manage the residential areas and open space. 11. The Town, or an agreeable third party, shall reserve the right for future site inspection for the purposes of natural open space management. 12. The Management Program for Natural Undisturbed Open Space, developed with the assistance of the State of Arizona Game and Fish Department and described in the Cascada Specific Plan, shall remain in effect regardless of any change of status of any endangered species for which it was designed. Cascada Specific Plan Page 2 of3 13. The Town shall reserve the right to monitor and enforce the natural open space management responsibilities of the HOA. 14. The Master Developer shall submit an annual report within 30 days of the anniversary of the Town Council's approval of the Specific Plan, in addition to those requirements listed in the Land Development Code. 15. Minor grammatical and technical changes as required by the Planning Director shall be made before submitting a final edition. 16. Upon adoption of the ordinance by the Mayor and Council approving the Cascada Specific Plan, the applicant shall provide the planning department with the following final editions of the Cascada Specific Plan: one non-bound original; thirty bound copies; and one digital copy in Microsoft Word or other acceptable format, within sixty days of the adoption. Section 4. All Ordinances, Resolutions and Motions and parts of Ordinances, Resolutions, and Motions ofthe Marana Town Council in conflict with the provisions of this Ordinance are hereby repealed, effective as ofthe effective date of Ordinance No. 2006.23. 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 ofMarana, Arizona, this 5th day of December, 2006. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Cascada Specific Plan Page 3 of3 AFFIDAVIT OF PUBLICATION STATE OF ARIZONA COUNTY OF PIMA ss. Audrey Smith, being first duly sworn, deposes and says that (s)he is the legal Advertising Manager of THE DAilY TERRITORIAL, a daily newspaper printed and published in the County of Pima, State of Arizona, and of general circulation in the City of Tucson, County of Pima, State of Arizona and elsewhere, and the hereto attached: PUBLIC NOTICE MARAN A ORDINANCE NO. 2006.23 was printed and published correctly in the regular and entire issue of said THE DAilY TERRITORIAL for 4 issues; that was first made on the 11 th day of December 2006 and the last publication thereof was made on the 14th day of December 2006; that said publication was made on each of the following dates, to-wit: 12/11/06 12/12/06 12/13/06 12/14/06 at the Request of: Town of Marana, Clerk's Office JAM!E C. MWAS Not~,~'V Pul:)lk: - !\rJzol~a P;(";"b CD;_:;t~/ E~\~irc; C2/04/;Ji3 My commission expires: . PUBLIC NOTICE MARANA ORDINANCE NO. 2006.23 RELATING TO DEVELOPMENT; AP. PROVING AND AUTHORIZING A RE- ZONING OF 1227 ACRES Dc LAND FROM "F" (ACACIA HILLS SPECIFIC PLAN AND NORTHGATE SPECIFIC PLAN) AND 227 ACRES OF "C" LARGE LOT ZONE Te ZOI,E "," CREATING THE' :::AS:::'.D" S"C:CiFIC RAN. WHEREAS, The Planning Center repre- sent the property owners of approxi- mately 1454 acres of land located in portions of Sections 9,10,11, 14,15 and 22. Township 12 South, Range 12 Eas;; bounded on the north by State Trust Lands; east oy Marana corporate limits; the south by Camino de Manana and Linda Vista Boulevard; and the west by South Paoific Railroad and 1-1 O.as depicted on Exhibit "A", attached hereto and incorporated herein by this reference: and, WHEREAS, the Marana Pianning Com- mission held a public hearing on Febru- ary 22, 2006, and at said meeting voted unanimousiy to recommend that the Town Council approve said rezoning, adopting the recommended conditions; and, WHEREAS, the Marana Town Council heard trom representatives of the own- ers, staff and m~mbers of the publio at the reguiar Town Council meeting held November 7, 2006, and has determined that the rezoning meets the intent of the General Plan, and should be approved. NQW, THEREFQRE, BE iT ,ORDAINED by the Mavor and Council of the Town of Marana; Arizona, as follows: Section 1. A minor amendment to the General Pian of approximately 227 acres of land located within portions of Sections 9, 10, 11. 14, 15 and 22, Township 12 South. Range 12 East; bounded on the north by State Trust Lands; east by Marana corporate limits; the south by Camino de Manana and Linda Vista Boulevard; and the west by South Pacific Railroad and 1-10. chang- ing the land use designation from Low Density Residential to Master Pianning Area. Section 2. The zoning of approxi- mately 1454 acres of land looated within located within portions of Sections 9, 10,11.14.15 and 22, Township 12 South. Range 12 East; bounded on the north by State Trust Lands; east by Marana corporate limtls; the south by Camino de Manana and Linda Vista Boulevard; and the west by South Pa- cific Railroad and 1-10 is hereby changed from "F" (Acacia Hiils Specific Plan and Northgate Specific Plan) and "C" Large Lot Zone creating the Cas- cada Specific Plan. Section 3. The purpose of this rezon- ing is to allow the use of the Rezoning Area for mix of residential densities and housing types, commercial uses and recreation and open space, subject to the following conditions, the violation of which shall be treated in the same man- ner as a vioiation of the Town of Marana Land Development Cooe (Dut which shall not cause a reversion of this rezoning ordinance): 1. Compliance wrth all applicable provi- sions of the Town's Codes, and .ordi- nances current at the time of any subw seouent development including, but not limited to, requirements tor pubiic im- provements. 2_ The ultimate development proposed by thiS rezoning shall comply with the requirements of the adopted DevelOp- ment Agreement. 3. The property owner(s) shall not cause any lot split of anv kind unless approved by me Town of Marana as a subdivision. 4. No approval, permit or authorization by the Town 01 Marana authorizes viola- tion of any federal or Stat6 lav" or regu- lation or relieves the applicant or the land owner from responsibility to ensure compliance with all applicable federai and state laws and regulations, includ- inq the Endanqered Soecles Act and the Clean Water Act. Appropriate ex- perts should be retained ana approori- ate lederal and state agencies should be consulted to determine anv action necessar\' to assurf~ comoilance. wit:: apDi1cabl~ laws ana regulntJom; :.... Tne oevelOptr Shall oedlcate, or cause to have dedicated. the necessary rights-of-way for Camino de Manana and Linda Vista Boulevard, per the De- velopment Agreement. S.L\. wate~ service agreement and a master water pian must be submitted by tne develoDer and accepted by the Utii'- ties Director prror to the approval at wa- tef imorovement plans. 7. A sewer service agreement and mas- ter sewer pian must be submitted by the develope'r and accepted by Pima County Wastewater Management and tne Town Engineer prior to the approval at sewer olans. 8. Betore a certificate of occuoancy IS Issued for any dwelling unit on the prop- erty. the developer shall have com- Dieted or shall provide evidenc" to the Town's satisfaction that developer has made a diligent effort to complete the process of having the property annexed into a fire district or otherwise provide tOr lIre protection service. 9. Ail parks and trails wrthln Cascada will be developed by the Master Devel- oper, subject to the approval of the Marana Parks and Recreation Director. Neighborhood parks must be identified in subdivision plats and detailed deSign as part of the landscape plans for those subdivisions. The regional park shall be desloned and constructed by the Master Developer. Design and construction standards. type and number of ameni- ties end pnasing shail be approved by the Park and Recreation Director. 10. A homeowners association (HQA) shall be established, acceptable to the Town of Marana, to control, maintain, and manage the resldentiai areas and open space. 11. The Town, or an agreeabie third party. shall reserve the right for future site inspection for the purposes of natu- ral open space management. 12. The Management Program tor Natu- ral Undisturbed .open Space, developed with the assistance at the State of Ari- zona Game and Fish Department and described in the Cascada SpecifiC Plan, shall remain in effect regardiess of any change of status of any endangered species for which it was designed. 13. The Town shail reserve the right to monitor and enforce the natural open space management responsibilities of the HQA. 14. The Master Developer shall submit an annual report within 30 days of the anniversary of the Town Council's ap- proval of the Specific Plan, in addition to those requirements listed in the Land Development Code. 15. Minor grammatical and technical cnanges as requrred by tne Planning Di. rector shall be made before submitting a tinal edition. 16. Upon adoption of the ordinance by the Mayor and Council approving the Cascada Specific Plan, the applioant shali provide the planning department with tne foliowing final editions of the Cascada Specifrc Plan: one non-bound original; thirty bound copies; and one digital copy in Microsoft Word or other acceptable format, within sixty days of the adoption. Section 4. All Ordinances, Resolutions and Motions and parts of .ordinances, Resolutions, and Motions of the Marana Town Councii in conflict with the provi- sions of this Ordinance are hereby re- peale::i, effective as of the effective aate cf Ordinance No. 2006.23. Section 5: If any section, subsection, sentence, clause. phrase or portion of this Ordinance Is for any reason held to be invalid Of unconstitutional by the de- cision OJ' any court cf competent juns- diction, such decision shall not altect tCle validity of the remaining portions hereof. PASSED AND ADOPTED oy the Ma\'o" and Council ot the 10wn of Maran.::.., Ari~ zona, this 5th oay of December. 2006. _Mayor Ed Honea ATTEST: _ Jocelyn C. Bronson. Town Clerk APPRQVED AS TO FORM: _ Franl: Cassidy, Town Anorney All exhibits are on file and available tor vieWIng during normal bUSIness hours i;-I the .office of the Town Clerk, 11555 W. Civic Center Drive, Marana. AZ, 85653. PUBLISH: The Daily Territoriai December 11, 12, 13, 14, 2006 pnord2006.23 a.s