HomeMy WebLinkAbout01/06/2015 Council Agenda PacketM
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MARANA TOWN COUNCIL
REGULAR COUNCIL MEETING
NOTICE AND AGENDA
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, January 6, 2015, at or after 7:00 PM
Ed Honea, Mayor
Jon Post, Vice Mayor
David Bowen, Council Member
Patti Comerford, Council Member
Herb Kai, Council Member
Carol McGorray, Council Member
Roxanne Ziegler, Council Member
Pursuant to A.R. S. § 3 8- 431.02, notice is hereby given to the members of the Marana Town
Council and to the general public that the Town Council will hold a meeting open to the public on
January 6, 2015, at or after 7:00 PM located in the Council Chambers of the Marana Municipal
Complex, 11555 W. Civic Center Drive, Marana, Arizona.
ACTION MAY BE TAKEN BY THE COUNCIL ON ANY ITEM LISTED ON THIS AGENDA.
Revisions to the agenda can occur up to 24 hours prior to the meeting. Revised agenda items
appear in italics.
As a courtesy to others, please turn off or put in silent mode all pagers and cell phones.
Meeting Times
Welcome to this Marana Town Council meeting. Regular Council meetings are usually held the
first and third Tuesday of each month at 7:00 PM at the Marana Municipal Complex, although the
date or time may change and additional meetings may be called at other times and /or places.
Contact the Town Clerk or watch for posted agendas for other meetings. This agenda may be
revised up to 24 hours prior to the meeting. In such a case a new agenda will be posted in place of
this agenda.
Speaking at Meetings
If you are interested in speaking to the Council during the Call to the Public or Public Hearings,
you must fill out a speaker card (located in the lobby outside the Council Chambers) and deliver it
to the Town Clerk prior to the convening of the meeting.
Marana Council Meeting 01/06/2015 Pagel of 262
All persons attending the Council meeting, whether speaking to the Council or not, are expected to
observe the Council rules, as well as the rules of politeness, propriety, decorum and good conduct.
Any person interfering with the meeting in any way, or acting rudely or loudly will be removed
from the meeting and will not be allowed to return.
Accessibility
To better serve the citizens of Marana and others attending our meetings, the Council Chambers
are wheelchair and handicapped accessible. Persons with a disability may request a reasonable
accommodation, such as a sign language interpreter, by contacting the Town Clerk at (520)
3 82 -1999. Requests should be made as early as possible to arrange the accommodation.
Agendas
Copies of the agenda are available the day of the meeting in the lobby outside the Council
Chambers or online at www.marana.com, by linking to the Town Clerk page under Agendas,
Minutes and Recent Actions. For questions about the Council meetings, special services or
procedures, please contact the Town Clerk, at 382 -1999, Monday through Friday from 8:00 AM to
5:00 PM.
This Notice and Agenda Posted no later than 24 hours prior to the meeting, at the Marana
Municipal Complex, 115 5 5 W. Civic Center Drive, the Marana Operations Center, 5100 W. Ina
Road, and at www.marana.com on the Town Clerk page under Agendas, Minutes and Recent
Actions.
REGULAR COUNCIL MEETING
CALL TO ORDER AND ROLL CALL
PLEDGE OF ALLEGIANCE /INVOCATION /MOMENT OF SILENCE
APPROVAL OF AGENDA
CALL TO THE PUBLIC
At this time any member of the public is allowed to address the Town Council on any issue
within the jurisdiction of the Town Council, except for items scheduled for a Public Hearing
at this meeting. The speaker may have up to three minutes to speak. Any persons wishing to
address the Council must complete a speaker card located outside the Council Chambers
and deliver it to the Town Clerk prior to the commencement of the meeting. Individuals
addressing a meeting at the Call to the Public will not be provided with electronic
technology capabilities beyond the existing voice amplification and recording capabilities in
the facilities and the Town's overhead projector /document reader. Pursuant to the Arizona
Open Meeting Law, at the conclusion of Call to the Public, individual members of the
Council may respond to criticism made by those who have addressed the Council, and may
ask staff to review the matter, or may ask that the matter be placed on a future agenda.
PROCLAMATIONS
Marana Council Meeting 01/06/2015 Page 2 of 262
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
PRESENTATIONS
CONSENT AGENDA
The Consent Agenda contains items requiring action by the Council which are generally
routine items not requiring Council discussion. A single motion and affirmative vote will
approve all items on the Consent Agenda, including any resolutions or ordinances. Prior to a
motion to approve the Consent Agenda, any Council member may remove any item from
the Consent Agenda and that item will be discussed and voted upon separately.
C 1 Resolution No. 2015 -001: Relating to Development; Accepting portions of Saguaro
Peaks Boulevard and Hidden Saguaro Trail for maintenance (Keith Brann)
C 2 Resolution No. 2015 -002: Relating to Real Estate; approving and authorizing the
Town Manager to execute a District Office Lease agreement between the Town of
Marana and Representative Ann Kirkpatrick of the U.S. House of Representatives
for the period of January 3, 2015 through January 2, 2017 (Jane Fairall)
C 3 Resolution No. 2015 -003: Relating to Public Works; Approving and authorizing the
Mayor to execute an intergovernmental agreement with the State of Arizona acting
by and through its Department of Transportation for painting ADOT bridges (Scott
Leska)
C 4 Resolution No. 2015 -004: Relating to Technology Services; approving and
authorizing the Mayor to execute a Beacon Hill Communications Site Lease
Agreement with the Estate of Irene Welter and a Beacon Hill Communications Site
Sublease Agreement with Simply Bits, LLC; and establishing an effective date (Jane
Fairall)
C 5 Approval of December 2, 2014 Regular Council Meeting Minutes and December
16 2014 Study Session and Regular Council Meeting Minutes (Jocelyn C. Bronson)
LIQUOR LICENSES
BOARDS, COMMISSIONS AND COMMITTEES
COUNCIL ACTION
Marana Council Meeting 01/06/2015 Page 3 of 262
A 1 PUBLIC HEARING: Ordinance No. 2015.001 Relating to Development; approving
a rezoning of approximately 13 8 acres of land located at the west terminus of Pima
Farms Road, west of the Scenic Drive alignment, from `RR' Resort and Recreation
to `F' Specific Plan for the purpose of establishing the Lazy K Bar Ranch Specific
Plan; approving a minor amendment to the General Plan; and approving and
authorizing the mayor to execute the Lazy K Bar Ranch Development Agreement
(Brian Varney)
A 2 Resolution No. 2015 -005: Relating to Strategic Planning; approving and authorizing
the implementation of Marana Strategic Plan III (Gilbert Davidson)
ITEMS FOR DISCUSSION /POSSIBLE ACTION
D 1 Relating to Legislation and Government Actions; discussion and possible action
regarding all pending state, federal, and local legislation /government actions and on
recent and upcoming meetings of the other governmental bodies (Gilbert Davidson)
EXECUTIVE SESSIONS
Pursuant to A.R. S. § 38-431.03, the Town Council may vote to go into executive session,
which will not be open to the public, to discuss certain matters.
E 1 Executive Session pursuant to A.R.S. §38- 431.03 (A)(3), Council may ask for
discussion or consultation for legal advice with the Town Attorney concerning any
matter listed on this agenda.
FUTURE AGENDA ITEMS
Notwithstanding the mayor's discretion regarding the items to be placed on the agenda, if
three or more Council members request that an item be placed on the agenda, it must be
placed on the agenda for the second regular Town Council meeting after the date of the
request, pursuant to Marana Town Code Section 2- 4 -2(B).
ADJOURNMENT
Marana Council Meeting 01/06/2015 Page 4 of 262
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C? RANA -P
115 5 5 W. CIXgC CENTER DRI VE. NIARANA. ARIZ ONA 8 5 65 3
To: Mayor and Council
Submitted For: Keith Brann, Town Engineer
From: Gus Myers, Engineering Technician
Date: January 6, 2015
Strategic Plan Focus Area:
Not Applicable
Item C 1
Subject: Resolution No. 2015 -001: Relating to Development; Accepting portions of
Saguaro Peaks Boulevard and Hidden Saguaro Trail for maintenance (Keith
Brann)
Discussion:
Approval of this resolution will accept for maintenance a total of approximately 0.52 miles of
public roadway consisting of portions of Saguaro Peaks Boulevard from the intersection of Twin
Peaks Road to the northern limit of the roundabout intersection with Hidden Saguaro Trail and
Hidden Saguaro Trail from Saguaro Peaks Boulevard east for a distance of approximately 1050
feet.
Staff Recommendation:
Staff recommends adoption of the resolution.
Suggested Motion:
I move to adopt Resolution No. 2015 -001, accepting portions of Saguaro Peaks Boulevard and
Hidden Saguaro Trail for maintenance.
Attachments: Resolution 2015 -001
Saguaro Bloom Spine Roads Location Map
Marana Council Meeting 01/06/2015 Page 5 of 262
MARANA RESOLUTION NO. 2015-001
RELATING TO DEVELOPMENT; ACCEPTING PORTIONS OF SAGUARO PEAKS
BOULEVARD AND HIDDEN SAGUARO TRAIL FOR MAINTENANCE
WHEREAS Saguaro Bloom is a 766 acre subdivision located north of Twin Peaks Road
and south of Lambert Lane, according to the plat recorded in the office of the Recorder of Pima
County at Book 58 of maps and plats, Page 23; and
WHEREAS the subdivider has completed the public improvements to Town standards
for a portion of the subdivision; and
WHEREAS the Mayor and Council of the Town of Marana find that this resolution is 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 Town accepts for maintenance, including maintenance of
regulatory traffic control and street signs, the following approximately 0.52 miles of paved
streets located within Saguaro Bloom:
1. That portion of Saguaro Peaks Boulevard from the intersection of Twin Peaks Road to the
northern limit of the roundabout intersection with Hidden Saguaro Trail.
2. Hidden Saguaro Trail from the intersection with Saguaro Peaks Boulevard east for a distance
of approximately 1050 feet, to the current paved terminus.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 6th day of January, 2015.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
Resolution No. 2015 -001
Marana Council Meeting 01/06/2015
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
12/19/2014 10:42 AM GM/F C
Page 6 of 262
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Marana Council Meeting 01/06/2015 Page 7 of 262
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C? RANA -P
11555 W. CIVIC CENTER DRIVE. NIARANA. ARIZ ONA 8 5 6 5 3
To: Mayor and Council
From: Jane Fairall, Deputy Town Attorney
Date: January 6, 2015
Strategic Plan Focus Area:
Not Applicable
Item C 2
Subject: Resolution No. 2015 -002 Relating to Real Estate; approving and authorizing the Town
Manager to execute a District Office Lease agreement between the Town of Marana and
Representative Ann Kirkpatrick of the U.S. House of Representatives for the period of
January 3, 2015 through January 2, 2017 (Jane Fairall)
Discussion:
Since January 2013, Congresswoman Ann Kirkpatrick has leased office space at the Marana
Municipal Complex (MMC). The office space in question is on the first floor of the Administration
Building of the MMC, adjacent to the MMC Community Room currently being used by the
Marana Heritage Conservancy. Representative Kirkpatrick uses the space for constituent services.
The proposed resolution will approve a new lease agreement for the office space with a term
beginning January 3, 2015 and ending on January 2, 2017. Either party may terminate the lease by
giving the other party 30 days' prior written notice. Rep. Kirkpatrick will pay the Town $200 per
month in rent.
Financial Impact:
Representative Kirkpatrick will pay the Town $200 per month pursuant to the lease agreement.
Staff Recommendation:
Staff recommends approval of the lease agreement.
Suggested Motion:
Marana Council Meeting 01/06/2015 Page 8 of 262
I move to adopt Resolution No. 2015 -002, approving and authorizing the Town Manager to
execute a District Office Lease agreement between the Town of Marana and Representative Ann
Kirkpatrick of the U.S. House of Representatives.
Attachments: Resolution 2015 -002
Exhibit A - Lease Agreement
Marana Council Meeting 01/06/2015 Page 9 of 262
MARANA RESOLUTION NO, 2015-002
RELATING TO REAL ESTATE; APPROVING AND AUTHORIZING THE TOWN MANAGER
TO EXECUTE A DISTRICT OFFICE LEASE AGREEMENT BETWEEN THE TOWN OF MA-
RANA AND REPRESENTATIVE ANN KIRKPATRICK OF THE U.S. HOUSE OF REPRE-
SENTATIVES FOR THE PERIOD OF JANUARY 3, 2015 THROUGH JANUARY 2, 2017
WHEREAS Representative Ann Kirkpatrick of the U.S. House of Representatives has a need
for office space in her District for the purpose of serving constituents; and
WHEREAS the Town of Marana has available office space at the Marana Municipal Com-
plex; and
WHEREAS the Mayor and Council of the Town of Marana find it is in the best interests of
its citizens to enter into a lease agreement for the purpose of providing office space to Representative
Kirkpatrick.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, that the District Office Lease agreement between the Town of Marana and
Representative Ann Kirkpatrick of the U.S. House of Representatives attached to and incorporated
by this reference in this resolution as Exhibit A is hereby approved, and the Town Manager is hereby
authorized and directed to execute it for and on behalf of the Town of Marana.
IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and au-
thorized to undertake all other tasks necessary to carry out the terms and objectives of the District
Office Lease agreement.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 6 th day of January, 2015.
ATTEST:
Mayor Ed Honea
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Marana Resolution No. 2015 -002
Marana Council Meeting 01/06/2015 Page 10 of 262
NO LEASE OR ATTACHMENT CAN BE SIGNED BEFORE THEY HAVE BEEN
APPROVED BY THE ADMINISTRATIVE COUNSEL.
The term for a District Office Lease for the 114 Congress may not commence prior to January
3, 2015.
Members should endeavor to lease space through the last day of a congressional term rather
than the last day of a calendar year. For the 114 Congress, leases should end on January 2,
2017, not December 31, 2016.
A. The preamble has three blank lines to be filled in: (1) Landlord's name; (2) Landlord's address;
and (3) Member /Member - Elect's name.
B. Section 1 has three blank lines to be filled in: (1) square footage of the leased office (optional);
(2) street address of the leased office; and (3) city, state and ZIP code of the leased office.
C. Section 2 has boxes that can be checked on whether any lease amenities (such as parking,
utilities, janitorial services, trash removal, etc.) are included in the lease. Note that this checklist
is only for convenience and the listed amenities are not required. Some of the options have a
blank line to be filled in to provide additional information about an amenity.
D. Section 3 has two blank lines to be filled in: (1) date lease begins (must be on or after January 3,
2015); and (2) date lease ends (must be on or before January 2, 2017).
E. Section 4 has one blank line for the monthly rent amount (write "zero" if no rent is to be paid).
F. Section 5 has one blank line — the number of days' notice required for either party to terminate
the lease before the end of the term. A standard period is 30 days, but any figure is acceptable. If
the lease may not be terminated early, enter "N /A" in this blank.
G. Sections 1 -9, other than filling in the blanks, may not be altered or deleted.
H. Section 11 has space provided to list any additional lease provisions.
I. Prior to either party signing a lease, the Member/ Member -Elect must submit the proposed lease,
accompanied by a copy of the District Office Lease Attachment for the 114` Congress, to the
Administrative Counsel for review and approval. If the proposed terms and conditions of the
lease are determined to be in compliance with applicable law and House Rules and Regulations,
the Administrative Counsel will notify the Member /Member -Elect that (s)he may proceed with
the signing of the lease. Please submit the proposed lease and District Office Lease Attachment
either by e -mail in PDF form (leases @mail.house.gov) or fax (202- 225 - 6999).
J. The Member /Member -Elect is required to personally sign the documents. A signed and
dated District Office Lease Attachment must accompany this lease. Once signed by both
parties, the Lease and the District Office Lease Attachment must be submitted to the
Administrative Counsel for final approval. They may be sent by email in PDF form or faxed to
202 - 225 -6999, but the originals still must be submitted by inter office mail (217 Ford House
Office Building, Washington, D.C. 20515) after emailing or faxing.
K. If approved, Administrative Counsel will send the forms to Finance so that payment can begin. If
there are errors on the form, the Member office will be contacted and required to correct them.
Marana Council Meeting 01/06/2015 Page 11 of 262
Pursuant to 2 U.S.C.A. § 4313, and the Regulations of the Committee on House Administration (as
modified from time to time by Committee Order) relating to office space in home districts,
T o f M 1 11 W C ivi c Ce nt e r Driv M AZ 85653
(Landlord's name) (Landlord's street address, city, state, ZIP code)
( "Lessor "), and Ann Kirkp , a Member /Member -Elect of the U.S. House of
Representatives ( "Lessee "), agree as follows:
1. Location. Lessor shall lease to Lessee 144 square feet of office space located at
11 W C ivi c Ce nt e r Driv M AZ 85653
(Office street address)
in the city, state and ZIP code of Marana, AZ 85653
(Office city, state and ZIP)
2. Lease Amenities. Note that this checklist is for convenience only and the listed amenities are not
required. However, the interior wiring of a CAT 5e or better and broadband internet access to the
building will likely expedite the process for the office to be fully operational.
The Lease includes (please check any and complete all that apply):
WlTelephone Service Available. (interior wiring CAT Se or better)
WlBroadband Internet Access to Building. (e.g., COMCAST, COX or like provider)
El Parking. El no. of assigned parking spaces El no. of unassigned parking spaces
F-1 General off - street parking on an as available basis
Utilities. Includes:
FTanitorial Services. Frequency:
FjTrash Removal. Frequency:
E]CaKpet Cleaning. Frequency:
E]Window Washing. ❑Window Treatments.
F]Tenant Alterations Included In Rental Rate
F — JAfter Hours Building Access.
F - ] Office Furnishings. Includes:
FICable TV Accessible. If checked, Included in Rental Rate: El Yes ❑ No
FIBuilding Manama. ❑ Onsite ❑ On Call Contact Name:
Phone Number: Email Address:
3. Term. Lessee shall have and hold the leased premises for the period beginning .January 3 ,
2015 and ending .January 2 , 2017 . The term of this District Office Lease ( "Lease ")
may not exceed two (2) years and may not extend beyond January 2, 2017, which is the end of
the constitutional term of the Congress to which the Member is elected.
4. Rent. The monthly rent shall be $200.00 , and is payable in arrears on or before the
last day of each calendar month. Rent payable under this Lease shall be prorated on a daily basis
for any fraction of a month of occupancy.
Marana Council Meeting 01/06/2015 Page 12 of 262
5. Early Termination. This Lease may be terminated by either party giving 30 days' prior
written notice to the other party. The commencement date of such termination notice shall be the
date such notice is delivered or, if mailed, the date such notice is postmarked.
6. Payments. During the term of this Lease, rent payments under Section 4 of this Lease shall be
remitted to the Lessor by the Chief Administrative Officer of the U.S. House of Representatives
(the "CAO ") on behalf of the Lessee.
7. District Office Lease Attachment for 114 Congress. The District Office Lease Attachment
attached hereto is incorporated herein by reference, and this Lease shall have no force or effect
unless and until accompanied by an executed District Office Lease Attachment for the 114
Congress.
8. Counterparts. This Lease may be executed in any number of counterparts and by facsimile
copy, each of which shall be deemed to be an original but all of which together shall be deemed
to be one and the same instrument.
9. Section Headings. The section headings of this Lease are for convenience of reference only and
shall not be deemed to limit or affect any of the provisions hereof.
10. Modifications. Any amendments, additions or modifications to this Lease inconsistent with
Sections 1 through 9 above shall have no force or effect to the extent of such inconsistency.
11. Other. Additionally, the Lessor and the Lessee agree to the following:
[Signature page follows.]
Marana Council Meeting 01/06/2015 Page 13 of 262
IN WITNESS WHEREOF, the parties have duly executed this District Office Lease as of the later date
written below by the Lessor or the Lessee.
Town of Marana
Print Name of Lessor /Landlord /Company Print Name of Lessee
0
Lessor Signature
Lessee Signature
Name:
Title:
Date
Date
Marana Council Meeting 01/06/2015 Page 14 of 262
The District Office Lease Attachment is a 4 -page document that must accompany every Lease or District
Office Lease Amendment that is submitted for a Member /Member - Elect's District Office.
NO LEASE, AMENDMENT OR ATTACHMENT CAN BE SIGNED BEFORE THEY HAVE
BEEN APPROVED BY THE ADMINISTRATIVE COUNSEL.
The term of a District Office Lease or Amendment for the 114 Congress may not commence
prior to January 3, 2015.
Members should endeavor to lease space through the last day of a congressional term rather than
the last day of a calendar year. For the 114 Congress, leases should end on January 2, 2017, not
December 31, 2016.
Four things are required:
1. the signature of the Landlord and date;
2. the signature of the Member/ Member -Elect of Congress and date;
3. contact information for the person in the Member/ Member - Elect's office whom we should call if
there are any problems or questions (scheduler, etc.); and
4. the signature from the Office of the Administrative Counsel.
A few things to keep in mind:
A. The Member/ Member -Elect is required to personally sign the documents.
B. The Attachment SHALL NOT have any provisions deleted or changed.
C. Even if rent is zero, an Attachment is still required.
D. Prior to either party signing a Lease or Amendment, the Member/ Member -Elect must
submit the proposed Lease or Amendment, accompanied by a copy of the Attachment, to
the Administrative Counsel for review and approval If the Administrative Counsel
determines that the proposed terms and conditions of the Lease or Amendment are in compliance
with applicable law and House Rules and Regulations, the Administrative Counsel will notify the
Member /Member -Elect that (s)he may proceed with the execution of the Lease or Amendment.
Please submit the proposed Lease or Amendment and Attachment either by e -mail in PDF form
(leases @mail.house.gov) or by fax (202- 225 - 6999).
E. Once signed by both parties, the Lease or Amendment and the Attachment must be submitted to
the Administrative Counsel for final approval. The Attachment should be submitted at the same
time the Lease or Amendment is sent to the Administrative Counsel. They may be sent by email
in PDF form or faxed to (202- 225 - 6999), but the originals still must be submitted by interoffice
mail (217 Ford House Office Building, Washington, D.C. 20515) after emailing or faxing.
F. Without a properly signed and submitted Attachment, the Lease or Amendment cannot be
approved and payments will not be made. The parties agree that any charges for default, early
termination or cancellation of the Lease or Amendment which result from actions taken by or on
behalf of the Lessee shall be the sole responsibility of the Lessee, and are not reimbursable from
the Member's Representational Allowance.
G. Lessor shall provide a copy of any assignment estoppel certificate notice of a bankruptcy
or foreclosure or notice of a sale or transfer of the leased premises to the Administrative
Counsel by e-mail in PDF form (leases(kmail.house.gov).
Marana Council Meeting 01/06/2015 Page 15 of 262
1. Incorporated District Office Lease Attachment. Lessor (Landlord) and Lessee
(Member /Member -Elect of the U.S. House of Representatives) agree that this District Office
Lease Attachment ( "Attachment ") is incorporated into and made part of the Lease ( "Lease ") and,
if applicable, District Office Lease Amendment ( "Amendment ") to which it is attached.
2. Performance. Lessor expressly acknowledges that neither the U.S. House of Representatives
(the "House ") nor its Officers are liable for the performance of the Lease. Lessor further
expressly acknowledges that payments made by the Chief Administrative Officer of the House
(the "CAO ") to Lessor to satisfy Lessee's rent obligations under the Lease — which payments are
made solely on behalf of Lessee in support of his /her official and representational duties as a
Member of the House — shall create no legal obligation or liability on the part of the CAO or the
House whatsoever. Lessee shall be solely responsible for the performance of the Lease and
Lessor expressly agrees to look solely to Lessee for such performance.
3. Modifications. Any amendment to the Lease must be in writing and signed by the Lessor and
Lessee. Lessor and Lessee also understand and acknowledge that the Administrative Counsel for
the CAO ( "Administrative Counsel ") must review and give approval of any amendment to the
Lease prior to its execution.
4. Compliance with House Rules and Regulations. Lessor and Lessee understand and
acknowledge that the Lease shall not be valid, and the CAO will not authorize the disbursement
of funds to the Lessor, until the Administrative Counsel has reviewed the Lease to determine that
it complies with the Rules of the House and the Regulations of the Committee on House
Administration, and approved the Lease by signing on page 4 of this Attachment.
5. Payments. The Lease is a fixed term lease with monthly installments for which payment is due
in arrears on or before the end of each calendar month. In the event of a payment dispute, Lessor
agrees to contact the Office of Finance of the House at 202 - 225 -7474 to attempt to resolve the
dispute before contacting Lessee.
6. Void Provisions. Any provision in the Lease purporting to require the payment of a security
deposit shall have no force or effect. Furthermore, any provision in the Lease purporting to vary
the dollar amount of the rent specified in the Lease by any cost of living clause, operating
expense clause, pro rata expense clause, escalation clause, or any other adjustment or measure
during the term of the Lease shall have no force or effect.
7. Certain Charges. The parties agree that any charge for default, early termination or cancellation
of the Lease which results from actions taken by or on behalf of the Lessee shall be the sole
responsibility of the Lessee, and shall not be paid by the CAO on behalf of the Lessee.
8. Death, Resignation or Removal. In the event Lessee dies, resigns or is removed from office
during the term of the Lease, the Clerk of the House may, at his or her sole option, either: (a)
terminate the Lease by giving thirty (30) days' prior written notice to Lessor; or (b) assume the
obligation of the Lease and continue to occupy the premises for a period not to exceed sixty (60)
days following the certification of the election of the Lessee's successor. In the event the Clerk
elects to terminate the Lease, the commencement date of such thirty (30) day termination notice
shall be the date such notice is delivered to the Lessor or, if mailed, the date on which such notice
is postmarked.
Marana Council Meeting 01/06/2015 Page 16 of 262
9. Term. The term of the Lease may not exceed the constitutional term of the Congress to which
the Lessee has been elected. The Lease may be signed by the Member -Elect before taking office.
Should the Member -Elect not take office to serve as a Member of the 114 Congress, the Lease
will be considered null and void.
10. Early Termination. If either Lessor or Lessee terminates the Lease under the terms of the Lease,
the terminating party agrees to promptly file a copy of any termination notice with the Office of
Finance, U.S. House of Representatives, B -245 Longworth House Office Building, Washington,
D.C. 20515, and with the Administrative Counsel by e -mail at leases @mail.house.gov.
11. Assignments. Lessor shall not have the right to assign (by operation of law or otherwise) any of
its rights, interests and obligations under the Lease, in whole or in part, without providing thirty
(30) days prior written notice to Lessee, and any such purported assignment without such notice
shall be void. Lessor shall promptly file a copy of any such assignment notice with the
Administrative Counsel by e -mail at leases @mail.house.gov.
12. Sale or Transfer of Leased Premises. Lessor shall provide thirty (30) days prior written notice
to Lessee in the event (a) of any sale to a third party of any part of the leased premises, or (b)
Lessor transfers or otherwise disposes of any of the leased premises, and provide documentation
evidencing such sale or transfer in such notice. Lessor shall promptly file a copy of any such sale
or transfer notice with the Administrative Counsel by e -mail at leases @mail.house.gov.
13. Bankruptcy and Foreclosure. In the event (a) Lessor is placed in bankruptcy proceedings
(whether voluntarily or involuntarily), (b) the leased premises is foreclosed upon, or (c) of any
similar occurrence, Lessor agrees to promptly notify Lessee in writing. Lessor shall promptly file
a copy of any such notice with the Office of Finance, U.S. House of Representatives, B -245
Longworth House Office Building, Washington, D.C. 20515, and with the Administrative
Counsel by e -mail at leases @mail.house.gov.
14. Estoppel Certificates. Lessee agrees to sign an estoppel certificate relating to the leased
premises (usually used in instances when the Lessor is selling or refinancing the building) upon
the request of the Lessor. Such an estoppel certificate shall require the review of the
Administrative Counsel, prior to Lessee signing the estoppel certificate. Lessor shall promptly
provide a copy of any such estoppel certificate to the Administrative Counsel by e -mail at
leases@mail.house.gov.
15. Maintenance of Common Areas. Lessor agrees to maintain in good order, at its sole expense,
all public and common areas of the building including, but not limited to, all sidewalks, parking
areas, lobbies, elevators, escalators, entryways, exits, alleys and other like areas.
16. Maintenance of Structural Components. Lessor also agrees to maintain in good order, repair
or replace as needed, at its sole expense, all structural and other components of the premises
including, but not limited to, roofs, ceilings, walls (interior and exterior), floors, windows, doors,
foundations, fixtures, and all mechanical, plumbing, electrical and air conditioning /heating
systems or equipment (including window air conditioning units provided by the Lessor) serving
the premises.
Marana Council Meeting 01/06/2015 Page 17 of 262
17. Lessor Liability for Failure to Maintain. Lessor shall be liable for any damage, either to
persons or property, sustained by Lessee or any of his or her employees or guests, caused by
Lessor's failure to fulfill its obligations under Sections 15 and 16 .
18. Initial Alterations. Lessor shall make any initial alterations to the leased premises, as requested
by Lessee and subject to Lessor's consent, which shall not be unreasonably withheld. The cost of
such initial alterations shall be included in the annual rental rate.
19. Federal Tort Claims Act. Lessor agrees that the Federal Tort Claims Act, 28 U.S.C. §§ 2671-
80, satisfies any and all obligations on the part of the Lessee to purchase private liability
insurance. Lessee shall not be required to provide any certificates of insurance to Lessor.
20. Limitation of Liability. Lessor agrees that neither Lessee nor the House nor any of the House's
officers or employees will indemnify or hold harmless Lessor against any liability of Lessor to
any third party that may arise during or as a result of the Lease or Lessee's tenancy.
21. Compliance with Laws. Lessor shall be solely responsible for complying with all applicable
permitting and zoning ordinances or requirements, and with all local and state building codes,
safety codes and handicap accessibility codes (including the Americans with Disabilities Act),
both in the common areas of the building and the leased space of the Lessee.
22. Electronic Funds Transfer. Lessor agrees to accept monthly rent payments by Electronic Funds
Transfer and agrees to provide the Office of Finance, U.S. House of Representatives, with all
banking information necessary to facilitate such payments.
23. Refunds. Lessor shall promptly refund to the CAO, without formal demand, any payment made
to the Lessor by the CAO for any period for which rent is not owed because the Lease has ended
or been terminated.
24. Conflict. Should any provision of this Attachment be inconsistent with any provision of the
attached Lease or attached Amendment, the provisions of this Attachment shall control, and those
inconsistent provisions of the Lease or the Amendment shall have no force and effect to the
extent of such inconsistency.
25. Construction. Unless the clear meaning requires otherwise, words of feminine, masculine or
neuter gender include all other genders and, wherever appropriate, words in the singular include
the plural and vice versa.
26. Fair Market Value. The Lease or Amendment is entered into at fair market value as the result
of a bona fide, arms- length, marketplace transaction. The Lessor and Lessee certify that the
parties are not relatives nor have had, or continue to have, a professional or legal relationship
(except as a landlord and tenant).
27. District Certification. The Lessee certifies that the office space that is the subject of the Lease is
located within the district the Lessee was elected to represent unless otherwise authorized by
Regulations of the Committee on House Administration.
Marana Council Meeting 01/06/2015 Page 18 of 262
28. Counterparts. This Attachment may be executed in any number of counterparts and by
facsimile copy, each of which shall be deemed to be an original but all of which together shall be
deemed to be one and the same instrument.
29. Section Headings. The section headings of this Attachment are for convenience of reference
only and shall not be deemed to limit or affect any of the provisions hereof.
IN WITNESS WHEREOF, the parties have duly executed this District Office Lease Attachment as of the
later date written below by the Lessor or the Lessee.
Town of Marana
Print Name of Lessor /Landlord
0
Lessor Signature
Name:
Title:
Print Name of Lessee
Date
Date
From the Member's Office, who is the point of contact for questions?
Name Phone ( ) E -mail gmail.house.gov
This District Office Lease Attachment and the attached Lease or Amendment have been reviewed and are
approved, pursuant to Regulations of the Committee on House Administration.
Signed
(Administrative Counsel)
Lessee Signature
Date
20
Marana Council Meeting 01/06/2015 Page 19 of 262
U.S. House of Representatives
Substitute W -9 and ACH Vendor /Miscellaneous Payment Enrollment Form
Internal Revenue Code 6109,31 U.S.C. 3322,31 CFR 210 and the 1996 Debt Collection Improvement Act require all entities that do business with the
United States Government to provide a Tax Identification Number (TIN) and Electronic Funds Transfer (EFT) information for payment. PL 93 -579
protects your privacy and mandates that the information never be published or used for any other purpose than to pay you. Please complete all sections
below, sign and return via the email or fax number listed.
RETURN FORM TO: VendorEFT @mail.house.aov FAX NUMBER: (202) 225 -6914
SECTIONI
UNITED STATES HOUSE OF REPRESENTATIVES INFORMATION
ADDRESS
US HOUSE OF REPRESENTATIVES -ACCOUNTING, 3110 O'NEILL FEDERAL BUILDING, WASHINGTON, DC 20515
AGENCY IDENTIFIER
53- 6002523 AGENCY LOCATION CODE 4832 TELEPHONE NUMBER (202) 226 -2277
SECTIONII
PAYEE /COMPANY INFORMATION
NAME (AS SHOWN ON YOUR INCOME TAX RETURN)
CHECK APPROPRIATE BOX FOR FEDERAL TAX CLASSIFICATION (required)
Individual/
Sole C Corporation S Corporation Partnership Trust/Estate
Proprietor
Limited Liability Company Enter tax classification Exempt ❑
(C =C corporation, S =S corporation, P= Partnership) payee
OTHER (Other entities. Enter your business name below as shown on required federal tax
documents "Name" line. This name should match the name shown on the charter or other legal
document creating the entity. You may enter any business, trade, or DBA name on the "Business
name/ disregarded entity name" line.)
BUSINESS NAME /DISREGARDED ENTITY NAME or DBA, IF DIFFERENT THAN ABOVE
TYPE OF TAX IDENTIFICATION NUMBER
SOCIAL SECURITY NUMBER (or)
EIN
ENTER TAX IDENTIFICATION NUMBER
ADDRESS/CITY/STATE/ZIP
PURCHASE ORDER ADDRESS/CITY/STATE/ZIP
CONTACT PERSON NAME
EMAIL
EMAIL
TELEPHONE NUMBER
FAX NUMBER
TELEPHONE NUMBER
FAX NUMBER
REMIT TO ADDRESS
SECTION III
FINANCIAL INSTITUTION INFORMATION
BANK NAME (Branch City, State)
ACH COORDINATOR NAME
TELEPHONE NUMBER
NINE -DIGIT ROUTING TRANSIT NUMBER
DEPOSITOR ACCOUNT TITLE
DEPOSITOR ACCOUNT NUMBER
LOCKBOX NUMBER
TYPE OF ACCOUNT
CHECKING SAVINGS LOCKBOX
SECTIONIV
SOCIO- ECONOMIC INFORMATION
Type of Business
Large Business -No Socio- Economic Designations Minority SmBusiness Sm- Disadv /Minority Sm- Disadv Only SmMin Only
Sm- Disadvantaged Business Prog
❑ 8 (a) Firm HUBZone Program [:] HUBZone Eligible 1:1 Emerging Small Business ❑ women -Owned Business
Other Preference Programs
Buy Indian Directed to JWOD Non - Profit No Preference /Not Listed Small Business Set -Aside Very Small Business Set -Aside
Veteran Owned Status
Non -Vet Owned SmBus Other Vet Owned SmBus Serv- Disabled Vet Other Bus Serv- Disabled Vet Owned SB Vet -Owned Other Bus
Size of Business
(A) 50 or less (B) 51 - 100 (C) 101 - 250 (D) 251 - 500 (E) 501 - 750 (F) 751 - 1,000 (G) Over 1,000 (M) 1 million or less
(N) 1.1 -2 million (P) 2.1 -3.5 million (R) 3.1 -5 million (S) 5.14 0 million (T)10.1 -17 million (Z) Over 17 million
SECTION V CERTIFICATION OF DATA BY PAYEE /COMPANY �
NAME TITLE/POSITION
SIGNATURE
DATE I TELEPHONE NUMBER
USHR 2013 V1
Instructions for Completing
U.S. House of Representatives
Substitute W -9 and ACH Vendor /Miscellaneous Payment Enrollment Form
Section I - Agency Information — Includes the name and address, agency identifier, agency location code and
telephone number for the House of Representatives.
Section II - Payee /Company Information — Print or type the name of the payee /company and address that will
receive payment, social security or taxpayer ID number, contact person name, telephone number and email of the
payee /company. Print or type the purchase order and remit to addresses if different from the payee /company
address. Check the appropriate boxes for federal tax classification.
Section III - Financial Institution Information — Print or type the name and address of the payee /company's
financial institution who will receive the ACH payment, ACH coordinator name and telephone number, nine -digit
routing transit number, depositor (payee /company) account title and account number. Check the appropriate box
for type of account. Payee /Company may include a voided check with this form.
ACH Account Information Located on a Check or Deposit Ticket
FINANCIAL INSTITUTION NAME
ROUTING TRANSIT NUMBER (RTN
ACCOUNT NUMBER
THOMAS B. ANDERSON
129Ft EAS Nt S1HE1T
1 NYWHERC FL IZ345
MY TO
SUNhUST
SunTrusl Bank
101
u+ - 1 :06
SAMPU VW
/CH R'T CO I WO104
f9 _
1:3000000001: 1231,156789011' 010 1
3 4
1. Routing Transit Number (RTN)
— nine digits located between
two symbols. This number
identifies the bank holding your
account and check processing
center.
2. Account number — this is your
complete account number.
Your account number can be
up to 17 digits. Please include
leading zeros.
3. ACH Routing Transit Number —
Automated Clearing House
routing number, use this
number for your Routing
Transit Number (RTN) if you
bank with Sun Trust Bank.
4. Check number — This
information is not necessary -
do not provide
Section IV - Socio- Economic Information — Check the boxes for each category, if applicable: type of business,
small disadvantaged business program, HUBZone program, emerging small business, women -owned business,
other preference programs, Veteran owned status and size of business. Detailed information related to Small
Business programs can be found at http / /www.sba.gov / .
Section V - Certification of Data By Payee /Company — Print or type the name, title /position and phone number of
the Authorized official. The Authorized official must sign and date the form.
name of the financial institution to which the payments are to be directed
financial institution's 9 digit routing transit number;
found on the bottom of a check or deposit ticket or from your Financial Institution
employee's or vendor's name on the account
account number at the financial institution
Marana Council Meeting 01/06/2015 Page 21 of 262
- r
C? RANA -P
115 5 5 W. CIXgC CENTER DII I - E. KARANA. ARIZ ONA 8 5 65 3
To: Mayor and Council
Submitted For: Scott Leska, CIP Engineering Division Manager
From: Frank Cassidy, Town Attorney
Date: January 6, 2015
Strategic Plan Focus Area:
Community
Item C 3
Strategic Plan Focus Area Additional Info:
Initiative 6, Strategy b. Develop a marketing and branding strategy; iii. Implement freeway
interchange and roadway esthetics
Subject: Resolution No. 2015 -003: Relating to Public Works; Approving and authorizing
the Mayor to execute an intergovernmental agreement with the State of Arizona
acting by and through its Department of Transportation for painting ADOT
bridges (Scott Leska)
Discussion:
This ADOT IGA authorizes the Town to paint and to maintain the paint on freeway interchange
bridges throughout Marana. If approved, this item will allow the Town to create a consistent
community identity for the freeway interchanges in Marana, subtly informing residents, visitors,
and businesses that they are in Marana.
Financial Impact:
Fiscal Year: 2015
Budgeted Y /N: Y
Amount: $50,000
The cost associated with this item is included within a road maintenance account within the
Highway User Revenue Fund.
Staff Recommendation:
Marana Council Meeting 01/06/2015 Page 22 of 262
Staff recommends adoption of Resolution 2015 -003, approving and authorizing the Mayor to sign
the ADOT bridge painting IGA.
Suggested Motion:
I move to adopt Resolution 2015 -003, approving and authorizing the Mayor to sign the ADOT
bridge painting IGA.
Attachments: Resolution 2015 -003
Exhibit JPA 14- 0004536
Marana Council Meeting 01/06/2015 Page 23 of 262
MARANA RESOLUTION NO. 2015-003
RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA
ACTING BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION FOR
PAINTING ADOT BRIDGES
WHEREAS the Arizona Department of Transportation and the Town of Marana have ne-
gotiated an intergovernmental agreement to facilitate the Town's painting of ADOT bridges lo-
cated within the town limits of Marana; and
WHEREAS the Mayor and Council of the Town of Marana find that entering into the in-
tergovernmental agreement is in the best interests of the Town of Marana.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, that the Intergovernmental Agreement between the State of Arizona act-
ing by and through its Department of Transportation and the Town of Marana for painting
ADOT bridges (ADOT CAR No. IGA /JPA 14- 0004536 -I; AG Contract No. P001 2014 00328 1)
attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved,
and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana.
IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed
and authorized to undertake all other and further tasks required or beneficial to carry out the
terms, obligations, and objectives of the intergovernmental agreement.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 6th day of January, 2015.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
Marana Resolution 2015 -003 100040552.DOCX /}
Marana Council Meeting 01/06/2015
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
12/22/2014 5:12 PM FJC
Page 24 of 262
ADOT CAR No.: I GA /J PA 14- 0004536 -I
AG Contract No.: P001 2014 003281
Project: Painting ADOT Bridges
Section: Various Locations
Federal -aid No.: N/A
ADOT Project No.: N/A
TIP /STIP No.: N/A
CFDA No.: 20.205 - Highway Planning
and Construction
Budget Source Item No.: N/A
INTERGOVERNMENTAL AGREEMENT
BETWEEN
THE STATE OF ARIZONA
AND
TOWN OF MARANA
THIS AGREEMENT is entered into this date , 2015, pursuant to
the Arizona Revised Statutes §§ 11 -951 through 11 -954, as amended, between the STATE OF
ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the "State ") and the TOWN
OF MARANA, acting by and through its MAYOR and TOWN COUNCIL (the "Town "). The State and the
Town are collectively referred to as "Parties ".
I. RECITALS
1. The State is empowered by Arizona Revised Statutes § 28 -401 to enter into this Agreement and
has delegated to the undersigned the authority to execute this Agreement on behalf of the State.
2. The Town is empowered by Arizona Revised Statutes § 9 -240 to enter into this Agreement and
has by resolution, a copy of which is attached hereto and made a part hereof, resolved to enter into this
Agreement on behalf of the Town.
3. The Town will paint any or all of the existing ADOT bridges, piers and slope paving at the
following interstate 10 Traffic Interchanges (TI): Marana Road — Mile Post (MP) 236.42. Tangerine Road
— MP 240.42, Avra Valley Road — MP 242.95, Cortaro Road MP 246.73 and Orange Grove Road — MP
250.04, hereinafter referred to as the "Project ". The State and the Town will come to an agreement on
the color scheme. The Town will be responsible for all costs associated with Project including, but not
limited to, maintaining the paint and graffiti removal.
4. The Parties will perform their responsibilities consistent with this Agreement, and any change or
modification to the Project will only occur with the mutual written consent of both Parties.
5. The Project will be performed, completed, accepted and paid for in accordance with the
requirements of the Project plans and specifications
THEREFORE, in consideration of the mutual covenants expressed herein, it is agreed as follows:
Marana Council Meeting 01/06/2015 Page 25 of 262
Page 2
II. SCOPE OF WORK
1. The State will:
I GA/J PA 14- 0004536 -I
a. Review the Town's paint color scheme for acceptability and give written approval once
accepted.
b. Issue, per established procedures of the State's Tucson District Permit Office, a valid yearly
blanket Encroachment Permit for the routine /normal maintenance work to be performed by the Town
within the State's rights -of -way. Process any other Encroachment Permits that may be needed to work
within the State's right -of -way to effectively meet the obligations set forth for the Town in this Agreement.
The State agrees all activities that are reasonably required to be performed by the Town under this
Agreement shall be set forth in and covered by the appropriate Encroachment Permit.
c. Notify the Town to re -paint surfaces affected by any repair work completed by the State along
Project areas.
2. The Town will:
a. Provide paint color schemes to the State for review and approval. Once accepted any future
color changes shall require written approval and acceptance.
b. Request and maintain, per established procedures of the State's Tucson District Permit
Office, a valid blanket Encroachment Permit for routine /normal maintenance work provided by the Town
within the State's rights -of -way. Agree to obtain separate permits for any new construction and /or
installations in accordance with the Tucson District's established procedures. The Town agrees all
activities performed by the Town under this Agreement shall be set forth in and covered by the
appropriate Encroachment Permit.
c. Agree all activities performed by the Town or its contractor, under this Agreement shall be set
forth in and covered by the appropriate Encroachment Permit.
d. Re -paint surfaces to an acceptable condition after any repair work has been performed by the
State, upon notification by the State of completion of such work.
e. Upon completion of the Project, assume responsibility of maintaining the painted surfaces to
an acceptable condition and removal of graffiti from painted surfaces at its sole expense.
f. Require written approval and acceptance from the State for any future color change.
III. MISCELLANEOUS PROVISIONS
1. The terms, conditions and provisions of this Agreement shall remain in full force and effect until
completion of the Project. All maintenance obligations contained herein shall be perpetual, unless
assumed by another competent agency. This Agreement may be cancelled at any time, prior to painting
any surface, upon thirty (30) days written notice to the other party. It is further understood and agreed
that, in the event Town cancels this Agreement, the State shall have no other obligation to continue with
the maintenance of paint.
2. The State assumes no financial obligation or liability under this Agreement, or for any resulting
Project. The Town, in regard to the Town's relationship with the State only, assumes full responsibility for
the painting and maintenance, cost over -runs and claims. It is understood and agreed that the State's
participation is confined solely to the fulfillment of responsibilities of the State as specifically set forth
Marana Council Meeting 01/06/2015 Page 26 of 262
Page 3 I GA/J PA 14- 0004536 -I
herein; and that any damages arising from carrying out, in any respect, the terms of this Agreement or
any modification thereof shall be solely the liability of the Town.
3. This Agreement shall become effective upon signing and dating of the Determination Letter by
the State's Attorney General.
4. The Parties warrant compliance with the Federal Funding Accountability and Transparency Act of
2006 and associated 2008 Amendments (the "Act "). Additionally, in a timely manner, the Town will
provide information that is requested by the State to enable the State to comply with the requirements of
the Act, as may be applicable.
5. This Agreement may be cancelled in accordance with Arizona Revised Statutes § 38 -511.
6. The provisions of Arizona Revised Statutes § 35 -214 are applicable to this Agreement.
7. This Agreement is subject to all applicable provisions of the Americans with Disabilities Act
(Public Law 101 -336, 42 U.S.C. 12101- 12213) and all applicable Federal regulations under the Act,
including 28 CFR Parts 35 and 36. The parties to this Agreement shall comply with Executive Order
Number 09 -09 issued by the Governor of the State of Arizona and incorporated herein by reference
regarding "Non- Discrimination ".
8. Non - Availability of Funds: Every obligation of the State under this Agreement is conditioned upon
the availability of funds appropriated or allocated for the fulfillment of such obligations. If funds are not
allocated and available for the continuance of this Agreement, this Agreement may be terminated by the
State at the end of the period for which the funds are available. No liability shall accrue to the State in the
event this provision is exercised, and the State shall not be obligated or liable for any future payments as
a result of termination under this paragraph.
9. In the event of any controversy which may arise out of this Agreement, the Parties hereto agree
to abide by required arbitration as is set forth for public works contracts in Arizona Revised Statutes § 12-
1518.
10. The Parties shall comply with the applicable requirements of Arizona Revised Statutes § 41 -4401
and Title 34 of the Arizona Revised Statutes.
11. The Parties hereto shall comply with all applicable laws, rules, regulations and ordinances, as
may be amended.
12. All notices or demands upon any party to this Agreement shall be in writing and shall be delivered
in person or sent by mail, addressed as follows:
Arizona Department of Transportation Town of Marana
Joint Project Administration Attn: Ryan Benavides
205S. 17 Avenue, Mail Drop 637E 5100 W. Ina Road
Phoenix, Arizona 85007 Marana, Arizona 85743
(602) 712 -7124 (520) 382 -2675
(602) 712 -3132 Fax Fax (920) 382 -2640
13. In accordance with Arizona Revised Statutes § 11 -952 (D) attached hereto and incorporated
herein is the written determination of each Party's legal counsel and that the parties are authorized under
the laws of this State to enter into this Agreement and that the Agreement is in proper form.
IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written.
Marana Council Meeting 01/06/2015 Page 27 of 262
Page 4
TOWN OF MARANA
By
ED HONEA
Mayor
ATTEST:
By
JOCELYN BRONSON
Town Clerk
I GA/J PA 14- 0004536 -I
STATE OF ARIZONA
Department of Transportation
Z
STEVE BOSCHEN, P.E.
Senior Deputy State Engineer, Development
Marana Council Meeting 01/06/2015 Page 28 of 262
J PA 14- 0004536 -I
ATTORNEY APPROVAL FORM FOR THE TOWN OF MARANA
I have reviewed the above referenced Intergovernmental Agreement between the State of
Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the TOWN OF
MARANA, an agreement among public agencies which, has been reviewed pursuant to Arizona Revised
Statutes §§ 11 -951 through 11 -954 and declare this Agreement to be in proper form and within the
powers and authority granted to the Town under the laws of the State of Arizona.
No opinion is expressed as to the authority of the State to enter into this Agreement.
DATED this
day of
2015.
Town Attorney
Marana Council Meeting 01/06/2015 Page 29 of 262
- r
C? RANA -P
115 5 5 W. CIXgC CENTER DRIVE. NIARANA. ARIZ ONA 8 5 65 3
To: Mayor and Council
Submitted For: Jane Fairall, Deputy Town Attorney
From: Frank Cassidy, Town Attorney
Date: January 6, 2015
Strategic Plan Focus Area:
Community, Progress & Innovation
Item C 4
Strategic Plan Focus Area Additional Info:
Community Initiative 2. Provide quality services to keep the community safe and secure. Strategy
b. Preserve Town infrastructure
Progress & Innovation Initiative 3. Maximize the use and integration of technology as a strategic
asset in the delivery of public services. Strategy i. Incorporate the use of mobile technologies to
increase staff efficiencies.
Subject: Resolution No. 2015 -004 Relating to Technology Services; approving and
authorizing the Mayor to execute a Beacon Hill Communications Site Lease
Agreement with the Estate of Irene Welter and a Beacon Hill Communications
Site Sublease Agreement with Simply Bits, LLC; and establishing an effective
date (Jane Fairall)
Discussion:
The Town of Marana's current lease and sublease agreements related to the communications site on
Beacon Hill terminated on December 31, 2014. The lease and sublease proposed for approval by
this agenda item will continue the site lease with the Welter estate and the sublease to Simply Bits.
For the most part, both agreements contain the same provisions as were included in the original
lease and sublease documents. The agreements have a 10 -year initial lease term and two automatic
10 -year renewal periods. The starting rent for each agreement is a 3 % increase over the amounts
paid in 2014, which is the standard increase the parties have been operating under.
Financial Impact:
Marana Council Meeting 01/06/2015 Page 30 of 262
Staff Recommendation:
Staff recommends adoption of Resolution No. 2015 -004, approving and authorizing the Mayor to
execute the Beacon Hill site lease and sublease agreements.
Suggested Motion:
I move to adopt Resolution No. 2015 -004, approving and authorizing the Mayor to execute the
Beacon Hill site lease and sublease agreements.
Attachments: Resolution 2015 -004
181 ExhibitA Welter lease
181 ExhibitB SimplyBits sublease
Marana Council Meeting 01/06/2015 Page 31 of 262
MARANA RESOLUTION NO. 2015-004
RELATING TO TECHNOLOGY SERVICES; APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE A BEACON HILL COMMUNICATIONS SITE LEASE
AGREEMENT WITH THE ESTATE OF IRENE WELTER AND A BEACON HILL
COMMUNICATIONS SITE SUBLEASE AGREEMENT WITH SIMPLY BITS, LLC; AND
ESTABLISHING AN EFFECTIVE DATE
WHEREAS the Town of Marana has a lease with the Estate of Irene Welter, Deceased
( "Welter ") for a communications site on Beacon Hill and a sublease with Simply Bits, LLC al-
lowing its facilities to be located on the Town's leased site; and
WHEREAS the Beacon Hill lease and sublease terms expired on December 31, 2014; and
WHEREAS the Town of Marana desires to extend its Beacon Hill lease and sublease to
maintain Town of Marana communications infrastructure; and
WHEREAS the Town Council finds that the adoption of this resolution is in the best in-
terests of the Town and its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, as follows:
Section 1 . The Beacon Hill Communications Site Lease Agreement with Welter attached
to and incorporated by this reference in this resolution as Exhibit A and the Beacon Hill Com-
munications Site Sublease Agreement with Simply Bits attached to and incorporated by this ref-
erence in this resolution as Exhibit B are hereby approved, and the Mayor is hereby authorized to
execute them for and on behalf of the Town of Marana.
Section 2 . The Town's Manager, Technology Services Director, and staff are hereby di-
rected and authorized to undertake all other and further tasks required or beneficial to carry out
the terms, obligations, and objectives of the agreements referenced in Section 1 of this resolu-
tion.
Section 3 . This resolution is an administrative act and shall be effective immediately up-
on its passage.
{00040554.DOCX /}
Marana Resolution No. 2015 -004 - 1 - 12/23/2014 11:16 AM FJC
Marana Council Meeting 01/06/2015 Page 32 of 262
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 6th day of January, 2015.
ATTEST:
Jocelyn C. Bronson, Town Clerk
{00040554.DOCX /}
Marana Resolution No. 2015 -004
Mayor Ed Honea
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
-2-
12/23/2014 11:16 AM FJC
Marana Council Meeting 01/06/2015 Page 33 of 262
Beacon Hill Communications Site Lease Agreement
between
Town of Marana and Estate of Irene Welter
THIS AGREEMENT is entered into by and between the TOWN OF MARANA, an
Arizona municipal corporation (""Town") and THE ESTATE OF IRENE WELTER, DECEASED,
BY AND THROUGH HER PERSONAL REPRESENTATIVE, BILL WELTER (""Welter"). The Town
and Welter are sometimes referred to collectively as the Parties.
RECITALS
A. Welter owns a parcel of land (the "Land ") and a communications tower on the
Land (the "'Tower"). The Land is located in the northwest quarter of Section 17,
Township 12 South, Range 12 East, Gila & Salt River Meridian, Town of Marana,
County of Pima, State of Arizona, at the top of Beacon Hill, and more particularly
identified as Pima County Assessor Tax Parcel No. 226- 03 -033B. Collectively, the Land
and the Tower are sometimes referred to as the "Property."
B. In or around 1993, the Town began paying Comtronix (which was later bought
out by Nextel Communications) a monthly fee for the operation of the Marana Police
Department ("'MPD' communication system.
C. In approximately 1999, Nextel ceased operating MPD's communication
system, and donated the equipment then being used by MPD to the Town.
D. The MPD communication equipment has continuously been located on the
Land since approximately 1993, when Comtronix placed MPD's radio communications
repeater equipment within a small building on the Land (the "Building ") and attached
an antenna to the Tower.
E. In 2005, the Parties formalized a lease to allow the Town to refurbish and
rebuild the Building, to allow MPD communications equipment to continue to be
located in the Building, and to compensate Welter in settlement of Welter's claim to
compensation for the Town's past use of the Building and the Tower. The "Beacon Hill
Communications Site Lease and Settlement Agreement" between the Parties was
recorded in the Pima County Recorder's office on January 14, 2005, at Docket 12469,
Page 3461 (the "Original Agreement"').
F. Following execution of the Original Agreement, the Town refurbished and
rebuilt the Building (the "Rebuilt Building ") .
G. In 2009, the Parties entered into the "First Amendment to Beacon Hill
Communications Site Lease and Settlement Agreement," recorded in the Pima County
Recorder's office on December 30, 2010 at Docket 13966, Page 415 (the "First
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Amendment ") . Paragraph 2 of the First Amendment authorized the Town to sublease
the Premises, described in the Original Agreement as consisting of all of the following:
(a) the Building and the approximately 600 square feet of the Land where the Building
is located and a reasonable area immediately surrounding the Building to accommodate
the Town Facilities, (b) antenna space on the Tower located on the Land, and (c) all
access and utility easements necessary or desirable for the use of the Building and the
Tower for the installation and maintenance of the Town communication equipment, to
a third -party vendor, Simply Bits, LLC, ("'Simply Bits "), for purposes of allowing
equipment previously installed on the Premises by Simply Bits to remain on the
Premises.
H. In 2011, the Parties entered into the "Second Amendment to Beacon Hill
Communications Site Lease" recorded in the Pima County Recorder's office on
February 16, 2011 at Sequence Number 20110470647 (the "Second Amendment ") to
allow Simply Bits to place additional equipment on the Premises and to modify Simply
Bits' monthly rent for the equipment on the Premises.
I. The term of the Original Agreement ends on December 31, 2014, and the
Parties now desire to enter into this Agreement to allow the Town to continue to lease
the Premises for its communications site and to allow the Town to continue to sublease
the Premises and Rebuilt Building to Simply Bits as set forth herein.
AGREEMENT
NOW, THEREFORE, based on the foregoing Recitals, which are incorporated here
by this reference, the Parties agree as follows:
1. Premises. The "Premises" that are the subject of this Agreement consist of all of
the following: (a) the approximately 600 square feet of the Land where the Rebuilt
Building is located and a reasonable area immediately surrounding the Rebuilt Building
to accommodate the Town Facilities (see paragraph 11 below), (b) antenna space on the
Tower located on the Land, and (c) all access and utility easements necessary or
desirable for the use of the Rebuilt Building and the Tower for the installation and
maintenance of the Town communication equipment. The Premises leased to the Town
by Welter do not include the Rebuilt Building; the Parties expressly agree and
acknowledge that the Rebuilt Building is a part of the Town Facilities as described in
paragraph 11 below.
2. Lease. Welter hereby leases the Premises to the Town for a ten -year period of
January 1, 2015 through December 31, 2024. The lease will automatically renew for up
to two successive ten -year periods on the same terms and conditions as set forth herein,
unless sooner terminated as provided in this Agreement.
3. Sublease to Simply Bits. The Town is hereby authorized to enter into a sublease of
the Premises and Rebuilt Building with Simply Bits for purposes of allowing the Simply
Bits equipment allowed on the Premises and Rebuilt Building pursuant to the Second
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Amendment to remain on the Premises and Rebuilt Building. Simply Bits shall be
permitted to maintain no more than a total of three dishes and a total of up to nine
square feet of panel or sector antennas at four attachment points on the Premises and
Rebuilt Building, collectively. Any increase in the size or number of Simply Bits antennas
or dishes on the Premises and Rebuilt Building requires Welter's and the Towns prior
written approval.
4. Effective Date. This Agreement shall be effective on January 1, 2015 (the "Effective
Date ").
5. Information. Upon Town's request, Welter agrees to provide promptly to Town
copies of all plans, specifications, surveys and maps in Welter's possession relating to
the Land, the Tower, and the elevation of all antennas on the Tower and the frequencies
upon which each operates.
6. Rent.
a. Within 15 business days following the Effective Date and on the first day of
each month thereafter, Town shall pay to Welter as rent $1,100.10 per month (the
"Monthly Base Rent ") .
b. Within 15 business days following the Effective Date and on the first day of
each month thereafter for so long as the Towns sublease with Simply Bits remains in
effect, the Town shall collect from Simply Bits $450.20 per month and pay to Welter
as sublease rent $337.65 per month (the "Sublease Rent ") .
c. Each January 1 beginning on January 1, 2016, the previous year's Monthly
Base Rent and the previous year's Sublease Rent (excluding the additional amount
set forth in paragraph 6(d) below) shall be adjusted upward by 3 %. As so adjusted,
these amounts shall be the amounts paid (not including the additional amount set
forth in paragraph 6(d) below) for that calendar year.
d. The Town shall pay any incremental increase in taxes or other costs owed by
Welter relating to the Land and resulting from the Town's rental or use of the Land,
or from the Town's sublease of the Premises to Simply Bits, including without
limitation any property, rental, sales, use, or other taxes levied by any
governmental entity, or the Town's proportionate share of any costs validly
imposed on the Land by a third party including, by way of example, any
proportionate costs of access to the Land.
7. Effect of Default by Simply Bits. The pass - through arrangement for transferring
payments from Simply Bits to Welter as reflected in this Agreement is being done as a
matter of administrative convenience to the Parties. To that end, the Town shall not be
independently responsible for payment of the Sublease Rent if Simply Bits fails to pay
the Sublease Rent to the Town when due. However, if Simply Bits fails to make timely
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payment of the Sublease Rent, Welter shall have the right to demand that the Town
remove all Simply Bits equipment from the Premises and Rebuilt Building, in addition to
any other remedy Welter may have as a matter of law.
8. W -9. Welter shall provide Town an accurate and executed W -9 Form.
9. Use. While this Agreement is effective, the Town may use the Premises for any lawful
activity in connection with the provision of communications services necessary for the Town's
municipal and governmental operations. The Town is not permitted to use the Premises to
provide third -party communications services other than those addressed in this
Agreement.
10. Cooperation. Welter shall cooperate with Town in making, at Town's expense,
application for and obtaining all licenses, permits and any and all other necessary
approvals that may be required for Town's use of the Premises in a manner consistent
with paragraph 9 above.
11. Town Facilities. On the Premises, Town has the right to construct, erect, maintain,
test, replace, remove, operate and upgrade Town's communications facilities, including
without limitation utility lines, transmission lines, an air - conditioned equipment
shelter, electronic equipment, transmitting and receiving antennas, a standby power
generator, and supporting equipment and structures for all of the foregoing, including
the Rebuilt Building (all of which together are referred to as the "Town Facilities"').
Town has the right to do all work necessary to prepare, maintain and alter the Premises
for Town's communications operations and to install transmission lines connecting the
antennas to the transmitters and receivers. All of Town's construction and installation
work shall be performed at Town's sole cost and expense and in a good and
workmanlike manner. Town shall hold title to the Town Facilities and all of the Town
Facilities shall remain Town's personal property and are not fixtures, including the
Rebuilt Building. Town has the right to remove the Town Facilities at its sole expense
on or before the expiration or earlier termination of this Agreement, and Town shall
repair any damage to the Premises caused by that removal. Upon the expiration or
earlier termination of this Agreement, Town shall remove the Town Facilities from the
Land.
12. Utilities. Town shall pay for the electricity it consumes in its operations at the
rate charged by the servicing utility company. Town shall have the right to draw
electricity and other utilities from the existing utilities on the Property or obtain
separate utility service from any utility company that will provide service to the
Property. Welter agrees to sign such documents or easements as may be required by
said utility companies to provide such service to the Town Facilities, including the grant
to Town or to the servicing utility company at no cost to the Town, of an easement in,
over, across or through the Land as required by such servicing utility company to
provide utility services as provided herein. Any easement necessary for such power or
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other utilities will be at a location acceptable to Welter and the servicing utility
company.
13. Access. Town, Town's employees, agents and contractors shall have access to the
Premises without notice to Welter 24 hours a day, seven days a week, at no charge.
Welter grants to Town, and Town's agents, employees and contractors, a non - exclusive
right and easement for pedestrian and vehicular ingress and egress across the Land as
necessary to install and maintain the Town Facilities. If vehicular or utility access to the
Land is blocked or interrupted, Welter shall cooperate with the Town in any legal
action, at Town's expense, to re- establish the access. Welter acknowledges that Town's
rights of access under this paragraph 13 may also be exercised by Simply Bits pursuant
to the terms of its sublease with the Town.
14. Interference.
a. Town shall operate the Town Facilities in compliance with all Federal
Communications Commission ("'FCC") requirements and in a manner that will not
cause interference with the communication facilities maintained on the property by
any other lessees of the property.
b. Welter shall not, and shall not permit its lessees or licensees to, install new
equipment on or make any alterations to the Premises or the Land that are likely to
cause interference with the operation of the Town Facilities. If interference occurs,
Welter shall use best efforts to eliminate the interference within a reasonable period
of time.
15. Taxes. If personal property taxes are assessed, Town shall be responsible for any
portion of such taxes directly attributable to the Town Facilities. Welter shall pay all
real property taxes, assessments and deferred taxes on the Property.
16. Waiver of Lien. Welter waives any lien rights Welter may have concerning the
Town Facilities, all of which are deemed Town's personal property and not fixtures,
and Town has the right to remove the same at any time without Welter's consent.
17. Termination. This Agreement may be terminated without further liability on
30 days' prior written notice by either Party upon a default by the other Party of any
covenant or term of this Agreement, which default is not cured within 60 days of receipt
of written notice of default, except that this Agreement shall not be terminated if the
default cannot reasonably be cured within such 60 -day period and the defaulting party
has started to cure the default within the 60 -day period and diligently pursues the cure
to completion; provided that the grace period for any monetary default is ten days from
receipt of written notice.
18. Destruction or Condemnation. If the Premises or Town Facilities are damaged,
destroyed, condemned or transferred in lieu of condemnation, Town may elect to
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terminate this Agreement as of the date of the damage, destruction, condemnation or
transfer in lieu of condemnation by giving notice to Welter no more than 45 days
following the date of such damage, destruction, condemnation or transfer in lieu of
condemnation.
19. Insurance.
a. Town, at Town's sole cost and expense, shall procure and maintain on the
Premises and on the Town Facilities, commercial general liability insurance with a
combined single limit of at least $1,000,000.00 per occurrence. Such insurance shall
insure, on an occurrence basis, against all liability of Town, its employees and
agents arising out of or in connection with Town's use of the Premises, all as
provided for in this Agreement.
b. Welter, at Welter's sole cost and expense, shall procure and maintain on the
Property, commercial general liability insurance with a combined single limit of at
least $1,000,000.00 per occurrence. Such insurance shall insure, on an occurrence
basis, against all liability of Welter, its employees and agents arising out of or in
connection with Welter's use, occupancy and maintenance of the Property.
c. Each Party shall deliver one or more certificates of insurance evidencing
coverage as described in this paragraph 19 to the other Party upon execution of this
Agreement. Each Party shall also deliver new certificates of insurance each time the
policy(s) is updated. All certificates shall be delivered to the persons identified in
paragraph 27(d) below for each Party.
d. Each Party shall be named as an additional insured on the other's policy.
Each Party shall deliver additional insured endorsement(s) along with the required
certificate(s) of insurance. The additional insured endorsement form identification
number shall also be included within the description box on the certificate of
insurance and the applicable policy number shall be included on the endorsement.
e. Welter and Town release each other and their respective principals,
employees, representatives and agents, from any claims for damage to any person
or to the Property or the Premises or to the Town Facilities or any other property
thereon caused by, or that result from, risks insured against under any insurance
policies carried by the Parties and in force at the time of any such damage. Welter
and Town shall cause each insurance policy obtained by them to provide that the
insurance company waives all right of recovery by way of subrogation against the
other in connection with any damage covered by any policy. Neither Welter nor
Town shall be liable to the other for any damage caused by fire or any of the risks
insured against under any insurance policy required by this paragraph 19.
20. Liability and Indemnity. Welter and Town shall each indemnify, defend and hold
the other harmless from and against all claims, losses, liabilities, damages, costs, and
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expenses (including reasonable attorneys' and consultants' fees, costs and expenses)
(collectively "Losses ") arising from the indemnifying Party's breach of any term or
condition of this Agreement or from the negligence or willful misconduct of the
indemnifying Party's agents, employees or contractors in or about the Property. The
duties described in this paragraph shall apply as of the Effective Date of this Agreement
and survive the termination of this Agreement.
21. Assignment and Subletting. Except as set forth in paragraph 3 above, Town may
not assign, or otherwise transfer, all or any part of its interest in this Agreement or in
the Premises without the prior written consent of Welter. Welter may assign this
Agreement, which assignment may be evidenced by written notice to Town within a
reasonable period of time thereafter, provided that the assignee assumes all of Welter's
obligations under this agreement. This Agreement shall be binding on and inure to the
benefit of the successors and permitted assignees of the Parties.
22. Simply Bits' Right of Sublease Assignment. Any assignment of Simply Bits' rights in
the sublease shall be subject to Welter's prior written approval, which shall not be
unreasonably withheld. However, Welter's prior approval shall not be required if the
assignment, sublet or transfer: (i) is as a result or part of a merger, consolidation, other
entity level transaction, or a transaction involving the sale of substantially all of Simply
Bits' assets; (ii) has a good faith business purpose which is not designed principally to
avoid the provisions of this paragraph, provided, however, that such assignee, sublessee
or transferee has the expertise and financial wherewithal to fulfill Simply Bits'
obligations under the sublease; or (iii) is to an entity that controls, is under common
control with or is controlled by Simply Bits.
23. Binding Effect. This Agreement shall run with the Land and shall be binding
upon and inure to the benefit of the Parties, their respective successors, personal
representatives, heirs and assigns.
24. Warranty of Title and Quiet Enjoyment. Welter warrants that: (i) Welter owns the
Land in fee simple and has rights of access to it and the Land and improvements on it
are free and clear of all liens, encumbrances and restrictions except those of record as of
the Effective Date; and (ii) Welter covenants and agrees with Town that Town may
peacefully and quietly enjoy the Premises, provided that Town is not in default under
this Agreement after notice and expiration of all cure periods.
25. Repairs. Town shall repair any damage to the Premises or the Land caused by
the negligence or willful misconduct of Town. Upon expiration or termination of this
Agreement, Town shall repair the Premises and the Land to substantially the condition
in which it existed on the Effective Date, reasonable wear and tear and loss by casualty
or other causes beyond Town's control excepted.
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26. Hazardous Material.
a. As of the Effective Date of this Agreement: (1) Town hereby represents and
warrants that it has not and shall not use, generate, handle, store or dispose of any
Hazardous Material in, on, under, upon or affecting the Land in violation of any
Environmental Law (as defined below), and (2) Welter hereby represents and
warrants that (i) Welter has no knowledge of the presence of any Hazardous
Material located in, on, under, upon or affecting the Land in violation of any
Environmental Law; (ii) no notice has been received by or on behalf of Welter from,
and Welter has no knowledge that notice has been given to any predecessor in
interest of the Land, by any governmental entity or any person or entity claiming
any violation of or requiring compliance with any Environmental Law for any
environmental damage in, on, under, upon or affecting the Land; and (iii) Welter
will not permit itself or any third party to use, generate, handle, store or dispose of
any Hazardous Material in, on, under, upon, or affecting the Land in violation of
any Environmental Law.
b. Without limiting paragraph 20 above, Welter and Town shall each
indemnify, defend and hold the other harmless from and against all Losses arising
from (i) any breach of any representation or warranty made in this paragraph 26 by
such Party; and/or (ii) environmental conditions or noncompliance with any
Environmental Law (as defined below) that result, in the case of Town, from
operations in or around the Land by Town or Town's agents, employees or
contractors, and in the case of Welter, from the ownership or control of, or
operations in or around, the Land by Welter or Welter's predecessors -in- interest,
and their respective agents, employees, contractors, owners, guests or other parties.
The duties described in this paragraph 26 shall apply as of the Effective Date of this
Agreement and survive termination of this Agreement.
C. "Hazardous Material" means any solid, gaseous or liquid wastes (including
hazardous wastes), regulated substances, pollutants or contaminants or terms of
similar import, as such terms are defined in any Environmental Law, and shall
include, without limitation, any petroleum or petroleum products or by- products,
flammable explosives, radioactive materials, asbestos in any form, polychlorinated
biphenyls and any other substance or material which constitutes a threat to health,
safety, property or the environment or which has been or is in the future
determined by any governmental entity to be prohibited, limited or regulated by
any Environmental Law.
d. "Environmental Law" means any and all federal, state or local laws, rules,
regulations, codes, ordinances, or by -laws, and any judicial or administrative
interpretations thereof, including orders, decrees, judgments, rulings, directives or
notices of violation, that create duties, obligations or liabilities with respect to: (i)
human health; or (ii) environmental pollution, impairment or disruption, including,
without limitation, laws governing the existence, use, storage, treatment, discharge,
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release, containment, transportation, generation, manufacture, refinement,
handling, production, disposal, or management of any Hazardous Material, or
otherwise regulating or providing for the protection of the environment.
27. Miscellaneous.
a. This Agreement constitutes the entire agreement and understanding between
the Parties, and supersedes all offers, negotiations and other agreements concerning
the subject matter of this Agreement. Any amendment to this Agreement must be
in writing and executed by both Parties.
b. Both Parties represent and warrant that their use of the Land and their
personal property located on it is in compliance with all applicable, valid and
enforceable statutes, laws, ordinances and regulations of any competent
government authority.
c. If any provision of this Agreement is invalid or unenforceable with respect to
any Party, the remainder of this Agreement or the application of such provision to
persons other than those as to whom it is held invalid or unenforceable, shall not be
affected and each provision of this Agreement shall be valid and enforceable to the
fullest extent permitted by law.
d. Any notice or demand required to be given under this Agreement shall be
made by certified or registered mail, return receipt requested, or reliable overnight
courier to the address of the respective parties set forth below:
Welter:
c/o Bill Welter
2341 S Calle Mesa del Oso
Tucson, Arizona 85748
Town:
Town of Marana
11555 W. Civic Center Drive
Marana, Arizona 85653
Attn: Technology Services Director
With a copy to:
Marana Town Attorney
11555 W. Civic Center Drive.
Marana, Arizona 85653
Welter or Town may from time to time designate any other address for this
purpose by written notice to the other Party. All notices under this Agreement
shall be deemed received upon actual receipt.
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e. This Agreement shall be governed by the laws of the State of Arizona.
f. This Agreement shall be recorded by and at the expense of the Town in the
office of the Pima County Recorder.
g. If the Land is encumbered by a mortgage or deed of trust, Welter agrees to
obtain and deliver to Town an executed and acknowledged non - disturbance and
attornment instrument for each such mortgage or deed of trust in a recordable form
reasonably acceptable to both parties.
h. Welter agrees to fully cooperate, including executing necessary
documentation, with Town to obtain information and documentation clearing any
outstanding title issues that could adversely affect Town's interest in or right to use
the Premises created by this Agreement.
i. In any case where the approval or consent of one Party is required, requested
or otherwise to be given under this Agreement, such Party shall not unreasonably
delay or withhold its approval or consent.
j. Each of the Parties represent and warrant that they have the right, power,
legal capacity and authority to enter into and perform their respective obligations
under this Agreement.
k. The captions and headings in this Agreement are for convenience only and in
no way define, limit or describe the scope or intent of any provision of this
Agreement.
1. This Agreement may be executed in duplicate, each of which shall be deemed
an original, and may be executed in counterparts with multiple signature pages
being attached together to form a single document.
m. This Agreement is subject to the provisions of A.R.S. § 38 -511, which
provides for cancellation of contracts by government entities in certain instances
involving conflicts of interest.
n. Nothing in this Agreement shall interfere with the Town's right or ability to
comply with all obligations imposed by law on Arizona municipalities.
o. Welter shall be responsible for compliance with all marking and lighting
requirements of the Federal Aviation Administration (""FAA") and the FCC. Should
Town be cited because the Tower, the Premises or the Land is not in compliance
and should Welter fail to cure the conditions of noncompliance, Town may either
terminate this Agreement or proceed to cure the conditions of noncompliance at
Welter's expense, which amounts may be deducted from the Monthly Base Rent.
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date of the
last signature below.
""Town"':
THE TOWN OF MARANA,
an Arizona municipal corporation
"Welter ":
THE ESTATE OF IRENE WELTER, DECEASED,
BY AND THROUGH HER PERSONAL
REPRESENTATIVE, BILL WELTER
Ed Honea
Mayor
Date
ATTEST:
Jocelyn Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Bill Welter
Personal Representative
Date
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STATE OF ARIZONA
COUNTY OF PIMA
The foregoing
1 20 , by
Welter, deceased.
Seal
� ss.:
nstrument was acknowledged before me this day of
Bill Welter, as Personal Representative of the Estate of Irene
Notary public
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Beacon Hill Communications Site Sublease Agreement
between
Town of Marana and Simply Bits, LLC
THIS SUBLEASE AGREEMENT (this "Sublease ") is entered into by and between the
TOWN OF MARANA, an Arizona municipal corporation ("'Town") and SIMPLY BITS, LLC,
an Arizona limited liability company (""Simply Bits "). The Town and Simply Bits are
sometimes referred to collectively as the Parties, any one of which is sometimes
individually referred to as a Party.
RECITALS
A. In 2005, the Town entered into a lease with the Estate of Irene Welter,
Deceased, by and through her Personal Representative, Bill Welter (""Welter"), for a
communications site located on Beacon Hill. The "Beacon Hill Communications Site
Lease and Settlement Agreement" between the Town and Welter was recorded in the
Pima County Recorder's office on January 14, 2005, at Docket 12469, Page 3461 (the
"Original Welter Lease ") .
B. Following execution of the Original Welter Lease, the Town refurbished and
rebuilt an equipment shelter on the site (the "Rebuilt Building"').
C. In 2009, the Town and Welter entered into the "First Amendment to Beacon
Hill Communications Site Lease and Settlement Agreement," recorded in the Pima
County Recorder's office on December 30, 2010 at Docket 13966, Page 415 (the "First
Amendment to Welter Lease "). The First Amendment to Welter Lease authorized the
Town to sublease the premises subject to the Original Welter Lease to Simply Bits for
the purposes of allowing equipment previously installed on the premises by Simply Bits
to remain on the premises.
D. Also in 2009, the Town and Simply Bits entered into the "Beacon Hill
Telecommunications Site Sublease Agreement Between Simply Bits and Town of
Marana" (the "Original Simply Bits Sublease ") in which the Town subleased the
premises to Simply Bits for the purpose of allowing Simply Bits to operate, maintain
and repair its existing equipment on the premises.
E. In 2011, the Town and Welter entered into the "Second Amendment to Beacon
Hill Communications Site Lease" recorded in the Pima County Recorder's office on
February 16, 2011 at Sequence Number 20110470647 (the "Second Amendment to
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Welter Lease ") to allow Simply Bits to place additional equipment on the premises and
to modify Simply Bits' monthly rent for the equipment on the premises.
F. Also in 2011, the Town and Simply Bits entered into the "First Amendment to
Beacon Hill Telecommunications Site Sublease Agreement Between Simply Bits and
Town of Marana" (the "First Amendment to Sublease Agreement ") to allow Simply Bits
to place additional equipment on the premises and to modify Simply Bits' monthly rent
for the equipment on the premises.
G. The terms of the Original Welter Lease and the Original Simply Bits Sublease
both end on December 31, 2014.
H. The Town and Welter have entered into a new lease agreement for the site
pursuant to the "Beacon Hill Communications Site Lease Agreement" a true and correct
copy of which is attached as Exhibit A to this Sublease and incorporated here by this
reference (the "Welter Lease ").
I. The property that is the subject of the Welter Lease is a parcel of land (the
"Land ") and a communications tower on the Land (the "Tower "). The Land is located
in the northwest quarter of Section 17, Township 12 South, Range 12 East, Gila & Salt
River Meridian, Town of Marana, County of Pima, State of Arizona, at the top of Beacon
Hill, and more particularly identified as Pima County Assessor Tax Parcel No. 226-03 -
033B. Collectively, the Land and the Tower are sometimes referred to as the
"Property."
J. The "Premises" are described in the Welter Lease as follows: a) the
approximately 600 square feet of the Land where the Rebuilt Building is located and a
reasonable area immediately surrounding the Rebuilt Building to accommodate the
Town Facilities, (b) antenna space on the Tower located on the Land, and (c) all access
and utility easements necessary or desirable for the use of the Rebuilt Building and the
Tower for the installation and maintenance of the Town communication equipment.
The Premises leased to the Town by Welter do not include the Rebuilt Building; Welter
and the Town expressly agree and acknowledge that the Rebuilt Building is a part of
the Town Facilities.
K. The Town and Simply Bits now desire to enter into this Sublease to allow
Simply Bits to continue to sublease the Premises for purposes of allowing the Simply
Bits equipment allowed on the Premises and Rebuilt Building pursuant to the First
Amendment to Sublease Agreement to remain on the Premises and Rebuilt Building.
AGREEMENT
NOW, THEREFORE, based on the foregoing Recitals, which are incorporated here
by this reference, the Parties agree as follows:
1. Sublease and Use. The "Premises" that are the subject of this Sublease consist of
both the Premises, as described in Recital J above, and the Rebuilt Building, as
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described in Recital B above. Marana hereby subleases the Premises to Simply Bits for
the purpose of operating, maintaining and repairing the Simply Bits equipment allowed
on the Premises and Rebuilt Building pursuant to the First Amendment to Sublease
Agreement (the "Simply Bits Equipment ") . Simply Bits shall be permitted to maintain
no more than a total of three dishes and a total of up to nine square feet of panel or
sector antennas at four attachment points on the Premises. Any increase in the size or
number of Simply Bits antennas or dishes on the Premises requires Town's and Welter's
prior written approval.
2. Incorporation and Notice of Termination or Modification of Underlying Agreements. To
the extent of the rights and obligations set forth in this Sublease, Simply Bits shall
comply with and be bound by all of the provisions of the Welter Lease. If for any reason
the Welter Lease is terminated or modified in a way that affects the rights of Simply Bits
under this Sublease, Marana shall notify Simply Bits of the termination or modification
as soon as practicable (and in any event not more than ten business days) after becoming
aware of the termination or modification.
3. Term and Termination. The term of this Sublease shall begin on January 1, 2015,
(the "Effective Date ") and shall thereafter be concurrent with the term of the Welter
Lease, as it may be extended from time to time. Simply Bits may terminate this Sublease
at any time if any of the following occurs: (a) Simply Bits is unable to obtain or maintain
any license, permit or other approval necessary for the operation of the Simply Bits
Equipment; or (b) if Simply Bits is unable to occupy and utilize the Premises due to an
action of the FCC, including without limitation, a tack back of channels or change in
frequencies; or (c) if any environmental report for the Premises reveals the presence of
any Hazardous Material, as defined in paragraph 13 below, after the Effective Date.
Anything in the foregoing notwithstanding, Simply Bits may terminate this Sublease for
its convenience and without cause upon six months' notice to Town.
4. Sublease Rent.
a. Within 15 business days following the Effective Date and on the first day of
each month thereafter for so long as this Sublease remains in effect, Simply Bits
shall pay to the Town as sublease rent $450.20 per month (the "Sublease Rent ").
b. Each January 1 beginning on January 1, 2016, the previous year's Sublease
Rent shall be adjusted upward by 3%.
5. Maintenance, Operation and Repair of Equipment.
a. Town shall provide to Simply Bits the existing space used by the Simply Bits
Equipment on the Premises, and access to the Premises in substantially the same
manner as the Simply Bits currently has space and access, and all existing wiring,
cabling and electrical fees to operate the Simply Bits Equipment. Simply Bits shall
be permitted to enter the Premises as Simply Bits reasonably determines is
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reasonably necessary to operate, maintain and repair the Simply Bits Equipment
and to provide any contracted services to Simply Bits customers.
b. Prior to replacing or modifying Simply Bits Equipment or improvements
located on the Premises as of the Effective Date, Simply Bits shall give Town and
Welter a reasonably detailed drawing or written description thereof and shall not
proceed without the prior written approval of Town, acting through its Technology
Services Director, and Welter.
c. All operations, maintenance, repairs and replacement of the Simply Bits
Equipment shall be performed at Simply Bits' sole cost and expense, in a good and
workmanlike manner, only after obtaining any permits required by law, in
compliance with all applicable laws and in a manner designed to minimize any
interference with the operation of other equipment operated by Town and others on
the Premises and in the surrounding area of Beacon Hill owned by Welter. Simply
Bits shall, at its sole cost and expense repair or refinish any surface of the Premises
that is damaged by or during the installation or operation of the Simply Bits
Equipment and caused by Simply Bits or any of its agents, representatives,
employees, contractors, subcontractors, or invitees. If Simply Bits fails to repair or
refinish any such damage, Town may, in its sole discretion, repair or refinish such
damage and Simply Bits shall reimburse Town of all reasonable costs and expenses
incurred in such repair or refinishing, provided, however, that Town shall give
Simply Bits ten days' written notice before taking any action to repair or refinish
damage.
d. Upon the expiration or termination of this Sublease, Simply Bits shall remove
all of the Simply Bits Equipment and other personal property from the Premises in
a manner consistent with the terms of the Welter Lease.
e. Simply Bits, through its designated and approved employees and contractors,
shall be solely responsible for the maintenance and care of the Simply Bits
Equipment and connecting equipment and shall maintain the same in a clean,
sanitary and safe condition and in good repair and free of any defects at all times
during this Sublease.
f. Simply Bits shall label and identify all Simply Bits Equipment with Simply
Bits' name and telephone number.
6. Access. Town acknowledges that pursuant to the Welter Lease, Simply Bits and its
employees, agents and contractors shall have access to the Premises without notice to
Town or Welter 24 hours a day, seven days a week, at no charge.
7. Authorized Personnel List. For security purposes, Simply Bits shall provide Town
with a list of the names of all personnel who are authorized to enter onto the Premises
pursuant to this Sublease. The list shall be updated whenever a change of personnel
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occurs. Town is authorized to block entry to any personnel whose name is not on the
list. This paragraph shall be interpreted as a right, but not an obligation, of Simply Bits
to police or restrict entry onto the Premises.
8. Insurance.
a. During the term of this Sublease, including any extensions, Simply Bits shall
maintain, or cause to be maintained, in full force and effect and at its sole cost and
expense, the following types and limits of insurance. The coverage amounts set
forth below may be met by a combination of underlying and umbrella policies so
long as in combination the limits equal or exceed those stated.
i. Workers' Compensation insurance meeting applicable statutory
requirements and employer's liability insurance with minimum limits of
$100,000 for each accident.
ii. Comprehensive commercial general liability insurance with minimum
limits of $1,000,000 as the combined single limit for each occurrence of bodily
injury, personal injury and property damage and $2,000,000 aggregate.
iii. Automobile liability insurance covering all owned, hired, and non -owned
vehicles in use by Simply Bits, its employees and agents, with personal protection
insurance and property protection insurance to comply with the provisions of
state law with minimum limits of $1,000,000 as the combined single limit for each
occurrence for bodily injury and property damage.
iv. A property insurance policy insuring all of the Simply Bits Equipment.
All proceeds of such insurance shall be used to repair, replace, or remove the
Simply Bits Equipment in a manner consistent with the terms of this Sublease.
b. The commercial general liability policy required by paragraph 8(a)(ii) above
shall name the Town and its agents as additional insureds.
c. Current certificates of insurance and additional insured endorsements for
each insurance policy required to be obtained and maintained by Simply Bits in
compliance with this paragraph 8 shall be filed and maintained with the Town
within 30 days of execution of this Sublease and within ten days of any renewal or
change in such policies. If the Town is not provided current certificates and
additional insured endorsements and must request an updated certificate or
endorsement, Simply Bits shall pay an administrative fee of $25.00 for each
certificate or endorsement so requested; provided, however, that the administrative
fee shall be waived if Simply Bits provides evidence satisfactory to the Town
Attorney that it requested the required certificates and additional insured
endorsements in writing from its insurance provider within 15 days of execution of
this Sublease and within five days of any renewal or change in such policies.
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d. The insurance afforded Simply Bits shall be primary insurance and any
insurance carried by the Town, its agents, officials or employees shall be excess and
not contributory insurance to that provided by Simply Bits. Coverage provided by
Simply Bits shall be primary insurance with respect to all other available sources.
e. By requiring insurance herein, the Town does not represent that coverage
and limits will be adequate to protect Simply Bits. Failure to demand evidence of
compliance with the insurance requirements set forth in this Sublease or failure to
identify any insurance deficiency shall not relieve Simply Bits from, nor be
construed or deemed a waiver of, Simply Bits' obligation to maintain the required
insurance at all times during the term of the Sublease.
f. Simply Bits shall immediately advise the Town of any claim or litigation that
may result in liability to the Town.
g. Simply Bits shall give the Town at least 30 calendar days' written notice prior
to a planned cancellation or reduction of any coverage required by this paragraph 8.
Simply Bits shall give the Town immediate notice of any other cancellation or
reduction of any coverage required by this paragraph 8. Cancellation or reduction
of any coverage required by this paragraph 8 is grounds for termination of this
Sublease by the Town.
h. All insurance shall be affected under valid and enforceable policies, insured
by insurers acceptable to the Town.
i. Simply Bits and Town release each other and their respective principals,
employees, representatives and agents, from any claims for damage to any person
or to the Property or the Premises or to the Simply Bits Equipment or any other
property thereon caused by, or that result from, risks insured against under any
insurance policies carried by the Parties and in force at the time of any such
damage. Simply Bits and Town shall cause each insurance policy obtained by them
to provide that the insurance company waives all right of recovery by way of
subrogation against the other in connection with any damage covered by any
policy. Neither Simply Bits nor Town shall be liable to the other for any damage
caused by fire or any of the risks insured against under any insurance policy
required by this paragraph 8.
j. Simply Bits shall require that each and every contractor and subcontractor
who performs work on the Premises carry, in full force and effect, Workers'
Compensation, comprehensive commercial general liability and automobile liability
insurance coverage of the type which Simply Bits is required to obtain under the
terms of this paragraph 8 with appropriate limits of insurance.
9. Indemnification. Marana and Simply Bits each shall indemnify the other against
and hold the other harmless from any and all costs (including reasonable attorneys'
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fees) and claims of liability or loss which arises out of the use and /or occupancy of the
Premises by the indemnifying party. This indemnity does not apply to any claims
arising from the sole negligence or intentional misconduct of the indemnified party.
The indemnity obligations under this Paragraph will survive termination of this
Sublease.
10. Default. If either Party is in default under this Sublease for a period of (a) ten
days following receipt of notice from the non - defaulting Party with respect to a default
that may be cured solely by the payment of money, or (b) 30 days following receipt of
notice from the non - defaulting Party with respect to a default that may not be cured
solely by the payment of money, then, in either event, the non - defaulting Party may
pursue any remedies available to it against the defaulting Party under applicable law,
including, but not limited to, the right to terminate this Sublease. If the non - monetary
default may not reasonably be cured within a 30 -day period, this Sublease may not be
terminated if the defaulting Party commences action to cure the default within such
30 -day period and proceeds with due diligence to fully cure the default.
11. Assignment. Simply Bits shall not assign, sublet or transfer this Sublease without
prior written approval of Town and Welter; provided, however, that such approval
shall not be required if such assignment, sublet or transfer: (i) is as a result or part of a
merger, consolidation, other entity level transaction, or a transaction involving the sale
of substantially all of Simply Bits' assets; (ii) has a good faith business purpose which is
not designed principally to avoid the provisions of this paragraph, provided, however,
that such assignee, sublessee or transferee has the expertise and financial wherewithal
to fulfill Simply Bits' obligations under this Sublease; or (iii) is to an entity that controls,
is under common control with or is controlled by Simply Bits.
12. Subordination. This Sublease is subject to any bona fide mortgages, ground leases
and all amendments and modifications thereof now or hereafter.
13. Hazardous Substances. Simply Bits agrees that it will not use, generate, store or
dispose of any Hazardous Material (defined below) on, under, about or within the
Premises in violation of any law or regulation. As used in this paragraph, "Hazardous
Material" shall mean hazardous or radioactive material, polychlorinated biphenyls,
friable asbestos or other hazardous or medical waste substances as defined by the
Comprehensive Environmental Response, Compensation and Liability Act, as
amended, or by any other federal, state or local law, statute, rule, regulation or order
concerning environmental matters. This paragraph shall survive the termination of this
Sublease.
14. Taxes. During the term of this Sublease and any extension hereof, Simply Bits
shall be responsible for the declaration and payment of any applicable taxes or
assessments against the personal property owned by Simply Bits located on the
Premises. Simply Bits agrees, upon request of the Town or Welter, to provide the Town
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with timely evidence satisfactory to the Town that all taxes due and payable for Simply
Bits' property have been paid.
15. Recording. This Sublease shall not be recorded. However, the Town agrees to
execute and deliver to Simply Bits a Memorandum of Sublease in the form attached to
and incorporated by this reference in this Sublease as Exhibit B and acknowledges
Simply Bits' right at Simply Bits' sole option and cost to record the Memorandum of
Sublease in the office of the Pima County Recorder.
16. Conflict of Interest. This Sublease is subject to A.R.S. §38 -511, which provides for
cancellation in certain instances involving conflicts of interest.
17. Excusable Delay. If either Party is unable due to causes beyond its reasonable
control to carry out its obligations under this Sublease in whole or in part and if such
Party gives written notice and full details of an Excusable Delay (defined below)
(including, without limitation, a force majeure event) to the other as soon as practicable
after the occurrence of the event, then the obligations of the affected Party will be
suspended to the extent reasonably required as a result of such event. "Excusable
Delay" shall mean an event that is not within the reasonable control of the affected
Party, including, without limitation, war, riots, civil insurrection or acts of a common
enemy, fire, flood, strikes or other labor difficulty, acts of civil or military authority,
including government laws, orders, actions, inactions or regulations, embargoes.
18. Coordination. The Parties shall coordinate with one another to insure that neither
interferes with the other's frequency operations.
19. Miscellaneous.
a. The Town covenants that at all times during the term of this Sublease, the
Town shall not disturb Simply Bits' quiet enjoyment of its rights under this
Sublease so long as Simply Bits is not in default.
b. In the event of any litigation between the Parties, the prevailing Party shall
be entitled to reasonable attorneys' fees.
c. This Sublease may not be modified, nor its provisions waived, except by a
writing signed by each of the Parties hereto.
d. Any notice, correspondence, demand or other communication, which is
required or permitted by this Sublease shall be made by certified or registered mail,
return receipt requested, or reliable overnight courier to the address of the
respective parties set forth below:
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Simply Bits:
Simply Bits, LLC
5225 North Sabino Canyon Road
Tucson, Arizona 85750
Attn: Bradley Feder
Town:
Town of Marana
11555 W. Civic Center Drive
Marana, Arizona 85653
Attn: Technology Services Director
With a copy to:
Marana Town Attorney
11555 W. Civic Center Drive.
Marana, Arizona 85653
In addition, a copy of any notice, correspondence, demand or other
communication required or permitted by this Sublease shall be made by
certified or registered mail, return receipt requested, or reliable overnight
courier to Bill Welter, 2341 South Calle Mesa del Oso, Tucson, Arizona 85748.
Any notice shall be deemed given on the date delivery is receipted or refused.
e. This Sublease shall be governed by the laws of the State of Arizona. The
parties agree that Pima County, Arizona shall be the venue for any litigation
regarding this Sublease.
f. If any term or provision of this Sublease, or the application thereof to any
person or circumstance shall, to any extent, be invalid or unenforceable, the
remainder of this Sublease, or the application of such term or provision to persons,
entities or circumstances other than those as to which it is held invalid or
unenforceable, shall not be affected thereby, and each term and provision of this
Sublease shall be valid and enforceable.
g. This Sublease constitutes the entire agreement and understanding between
the Parties, and supersedes all offers, negotiations and other agreements concerning
the subject matter of this Sublease.
h. The Town acknowledges that in the event of a breach of this Sublease by the
Town, Simply Bits shall have the right to obtain specific performance or other
injunctive relief in addition to monetary damages and any other remedies
permitted by law.
i. The individuals executing this Sublease on behalf of the Town and Simply
Bits each represent that they are authorized to execute this Sublease on behalf of the
Town or Simply Bits, as the case may be, and upon execution hereof this Sublease
shall be binding upon the Town or Simply Bits, as the case may be.
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j. Either Party shall, within ten days after request by the other, provide an
estoppel letter as to such matters as are reasonably requested.
k. This Sublease is an agreement running with the land with respect to the
Premises and, upon any sale or other transfer of the Town's leasehold interest in the
Premises, the Town shall assign this Sublease to the transferee and the transferee
shall assume the obligations of the Town under this Sublease whereupon the Town
shall have no further obligations under this Sublease from and after the date
thereof.
1. The Town and Simply Bits acknowledge that this document shall not be
construed in favor of or against the drafter by virtue of said Party being the drafter.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the Parties have executed this Sublease as of the date of the
last signature below.
""Town"':
THE TOWN OF MARANA,
an Arizona municipal corporation
"Simply Bits ":
SIMPLY BITS, LLC, an Arizona limited
liability company
Ed Honea
Mayor
Date
ATTEST:
Jocelyn Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
STATE OF ARIZONA )
ss..
COUNTY OF PIMA )
Bradley H. Feder
Member
Date
The foregoing instrument was acknowledged before me this day of
1 20 , by Bradley H. Feder, Member of SIMPLY BITS, LLC, an Arizona
limited liability company, on behalf of the company.
Seal
Notary public
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- r
C? RANA -P
11555 W. CIXgC CENTER DRI VE. NIARANA. ARIZ ONA 8 5 6 5 3
To: Mayor and Council
Submitted For: Jocelyn C. Bronson, Town Clerk
From: Suzanne Sutherland, Assistant to the Town Clerk
Date: January 6, 2015
Item C 5
Subject: Approval of December 2, 2014 Regular Council Meeting Minutes and December
16 2014 Study Session and Regular Council Meeting Minutes (Jocelyn C.
Bronson)
Attachments: Regular Meeting 12 -02 -2014
Study Session Meeting 12 -16 -2014
Regular Meeting 12 -16 -2014
Marana Council Meeting 01/06/2015 Page 57 of 262
� n o/S
1 7
� MARANA �
REGULAR COUNCIL MEETING
MINUTES
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, December 2, 2014 at or after 7:00 PM
Ed Honea, Mayor
Jon Post, Vice Mayor
David Bowen, Council Member
Patti Comerford, Council Member
Herb Kai, Council Member
Carol McGorray, Council Member
Roxanne Ziegler, Council Member
REGULAR COUNCIL MEETING
CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 7:02
p.m. Town Clerk Bronson called roll. All Council Members were present.
PLEDGE OF ALLEGIANCE /INVOCATION /MOMENT OF SILENCE. Led by Mayor
Honea.
APPROVAL OF AGENDA. Motion to approve by Council Member McGorray, second by
Council Member Bowen. Passed unanimously.
CALL TO THE PUBLIC
At this time any member of the public is allowed to address the Town Council on any issue
within the jurisdiction of the Town Council, except for items scheduled for a Public Hearing at
this meeting. The speaker may have up to three minutes to speak. Any persons wishing to
address the Council must complete a speaker card located outside the Council Chambers and
deliver it to the Town Clerk prior to the commencement of the meeting. Individuals addressing a
meeting at the Call to the Public will not be provided with electronic technology capabilities
beyond the existing voice amplification and recording capabilities in the facilities and the Town's
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Marana Council Meeting 01/06/2015 Page 58 of 262
overhead projector /document reader. Pursuant to the Arizona Open Meeting Law, at the
conclusion of Call to the Public, individual members of the Council may respond to criticism
made by those who have addressed the Council, and may ask staff to review the matter, or may
ask that the matter be placed on a future agenda.
There were no speaker cards presented.
PROCLAMATIONS
Proclamation honoring Ann Meaders' 20 years of service to the Town of Marana.
Ms. Bronson read the proclamation, and Ms. Meaders was recognized for her service by Mayor
Honea, John Kmiec and former Utilities Director, Brad DeSpain. Ms. Meanders officially retires
on December 12, 2014.
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS. Council
Member Bowen reported on the ribbon - cutting of the year- around farmer's market that was held
at River and Stone. He noted that this event is good for the region, and helps promote
camaraderie and good health.
MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
Mr. Davidson reported that the Council Executive Report for November will be available early
next week. Next, he introduced the Marana Citizens' Forum to present their recommendations to
Council resulting from the Fall 2014 session on job creation and retention. Heath Vescovi-
Chiordi introduced Jeff Voss, who presented on behalf of the Forum group, noting that this
presentation focused primarily on the downtown area.
He began with the goals and objectives with the initial focus to be on Downtown Marana. The
first recommendation was to form and develop a thriving downtown district with parks and
businesses and event areas. The second recommendation was to create a shared work space
facility for businesses wishing to expand. To provide assistance through seminars and training,
and creating a stronger online presence at the town for the initial stages of business development.
The third recommendation was to provide connectivity to adjacent neighborhoods and
destinations such as the Heritage River Park and Santa Cruz shared use path. This
recommendation also included creating good transportation routes, providing parking and good
ingress and egress from the area. The fourth recommendation was to integrate this overall
concept with the YourTown brand for marketing campaigns.
Mr. Voss concluded by acknowledging that the recommendations can be incorporated into the
town's current development efforts to help Marana create an identity as a destination that
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Marana Council Meeting 01/06/2015 Page 59 of 262
embodies the town's heritage along with its vision as a progressive community. Council thanked
Mr. Voss and the delegates. Council Member McGorray asked the delegates present to stand
and be recognized for their contributions. Mr. Davidson
PRESENTATIONS
CONSENT AGENDA. Ms. Bronson noted that there was a correction to the minutes regarding
the members of the Council Committee to review Personnel Action Review Board applications.
The correct members are Vice Mayor Post and Council Members Comerford and McGorray.
Motion to approve as corrected by Council Member McGorray, second by Council Member
Kai. Passed unanimously.
The Consent Agenda contains items requiring action by the Council which are generally routine
items not requiring Council discussion. A single motion and affirmative vote will approve all
items on the Consent Agenda, including any resolutions or ordinances. Prior to a motion to
approve the Consent Agenda, any Council member may remove any item from the Consent
Agenda and that item will be discussed and voted upon separately.
C 1 Approval of November 18, 2014 Council Meeting Minutes (Jocelyn C. Bronson)
LIQUOR LICENSES
BOARDS, COMMISSIONS AND COMMITTEES
COUNCIL ACTION
Al Ordinance No. 2014.029 Relating to Parks and Recreation; amending Marana Town Code
Chapter 13 -2 (Fingerprinting and Criminal History Records Checks of Parks and Recreation
Personnel and Volunteers); amending Section 13 -2 -3 (Fingerprinting of current and prospective
parks and recreation personnel and volunteers; criminal history record information) to provide
that fingerprinting of specified personnel and volunteers shall be permissive rather than
mandatory and clarifying required frequency of fingerprinting; adding new Section 13 -2 -4
entitled "Alternative background investigations "; and declaring an emergency.
Presented by Jane Fairall, who explained that this item and Resolution No. 2014 -120 are
basically to give the town staff a little more flexibility in doing background investigations for
certain employees, volunteers and contractors. Under the current town code, we are required to
do fingerprinting that we send to Department of Public Safety for criminal histories and records
checks for employees, volunteers and contractors that work with children or vulnerable adults.
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While this is a good practice, it takes six to eight weeks to get the results back. As an example,
in some instances the season is over before we get results back on volunteer coaches.
What staff is proposing is not to take away our ability to fingerprint, but that we may fingerprint
rather than we shall, and that speaks to alternative background screening checks. Screening can
be done through a variety of data bases and Social Security information which will yield results
in three to five days. She noted that there is an emergency clause attached to the ordinance.
Council Member Bowen inquired as to the current process and its effectiveness. Ms. Fairall
responded we use the DPS process and we have been fortunate not to have a check come back
on someone we should have hired or contracted with. It is not known how the two processes
compare. Motion to approve by Council Member Bowen, second by Council Member
McGorray. Ms. Bronson polled the Council due to the emergency clause. The Council
Members voted unanimously in favor of the motion.
A2 Resolution No. 2014 -120 Relating to Personnel; approving and adopting amendments to the
Town's Personnel Policies and Procedures, revising Chapter 2 - Employment Process).
Presented by Ms. Machain, who noted that some of the revisions being proposed are directly in
alignment with the ordinance just approved. She went over the various changes. Motion to
approve by Council Member Kai, second by Council Member McGorray. Passed
unanimously.
A3 Resolution No. 2014 -121 Relating to Administration; approving the transfer of up to
$800,000 in budgeted expenditure authority from the General Fund contingency line item to the
Heritage Park, Splash Pad project in the fiscal year 2014 -2015 budget for expenses related to the
construction of the Splash Pad at the Marana Heritage River Park. Ms. Christelman gave an
update on the projects going on this year and the need for the additional funding request of
$800,000 to complete the projects. Going on this year are some improvements to the farm and
the design and construction of the splash pad. The other activity this year is associated with the
Pima County Bond Program. Per our resolution, we requested $32M originally; $16M was
recommended from the County Administrator, and $19M is what the committee is currently
forwarding on for the heritage park project.
The topics being discussed tonight are the farm where it exists now (site of the Harvest Festival)
and the splash pad. At the farm, there is the construction of the parking lot, the addition of some
electrical and fencing and ADA parking and the installation of the garden plots that are being
rented. Some of the requested funding is for a restroom at the farm and for additional
infrastructure for restroom facilities at the splash pad. Right now plans for the splash pad are at
90 %, and the costs are relatively close to what was originally estimated with the exception of a
restroom and showers. With the site improvements and additional parking, we are assuming this
will be a very high traffic area as the only other splash pad in the area is at Brandi Fenton Park,
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which is smaller than Marana's. For the splash pad we are looking at about $1.5M. Currently in
the park impact fee line item, we have $1.16M. We are anticipating a little contingency because
we don't know any potential problems with the farm construction. Adding the farm restroom will
be about $285K. A total request would be $1.94M. If we take what we currently have in the
fund balance from the $1.94M, we are short about $779,777. So the request is for funding not to
exceed $800K Motion to approve by Vice Mayor Post, second by Council Member Bowen.
Passed unanimously.
Council Member Ziegler asked if the maintenance expenses were part of the budget request and
what the annual operation expense would be. Mr. Davidson responded that maintenance is part
of the operations budget, and ongoing maintenance will be part of the Parks and Recreation
budget for 2016 and is not part of this request as construction will probably start in January and
run through the spring. Tom Ellis responded that with utilities and chemicals and replacing parts
from time to time, it is anticipated that annual maintenance costs for the splash pad will be about
$34K. At this time, there isn't a need to add personnel as the staff taking care of the pool and
aquatic facility should be able to take care of the splash pad. Most of the cost is electricity and
water.
A4 Public Hearin Relating to Police Department; discussion, direction and possible action
regarding the need for a new police facility and the funding options to pay for the facility,
including the possible implementation of a temporary 1 /4 or 1 /2 cent dedicated sales tax.
Presented by Chief Terry Rozema, who noted that this is the final public hearing. Mayor
Honea announced the opening of the public hearing. Chief Rozema reviewed the past several
months of community outreach, the need for a new facility and the possible funding options to
pay for it. Erik Montague presented the funding options and existing sources of funds as well as
new revenue sources and some of the challenges for both options. Based on feedback, staff
focused on a temporary dedicated sales tax. He noted that the town has experience with a
dedicated sales tax. A number of jurisdictions throughout Arizona have dedicated sales tax for
public safety and transportation. He then showed an updated sales tax chart of estimates showing
what an 1 /8 cent, 1 /4 cent and 1 /2 cent sales tax could yield to fund the facility. Using an illustrative
example with a variety of funding sources and how long it would take to repay loans, he
reviewed the possible revenues for each. For an 1/8 cent tax, the repayment duration would be a
little under ten years. For a 1 /4 cent tax, it would be a little under five years. For a 1 /2 cent tax,
repayment would be about 2.4 years, and for an impact of about $500K, it would be about 24
years. From a cash flow perspective and dependent upon the monies we collect, it might be better
to cash finance a significantly larger portion of that facility depending on the timing of the
implementation of the tax combined with the construction schedule.
December 2 2014 Meeting Minutes 5
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In response to what our current cash reserves are, Mr. Montague stated that we are just short of
$23M in the general fund. Mayor Honea asked if the $18M cost included infrastructure
improvements, landscaping, sidewalks, etc. or is it just the building. Mr. Montague said it was
his understanding that it was just the cost of the facility and furniture and fixtures, but it does
include a 20 percent contingency. Based on some of the estimates or work done previously by
some of the engineering groups that staff met with, the amount did take into consideration the
location and some of the improvements.
Vice Mayor Post asked why, given the amount of money we've been able to put away in
reserves, are we going out for a sales tax increase and not just paying the bond payment out of
our normal cash flow. Mr. Montague explained the purpose of holding the reserves for use at
appropriate times or for projects. Related to the use of any reserves, we should not to reduce it
below the level of the policy or practice established of not having less than 25 percent of
budgeted expenditures. Mr. Davidson responded that we have a structurally balanced budget
which means that all identified revenue is fully allocated to some expense. The reason we have
been able to put money into the bank is because we have been very efficient with our resources
or we have not been able to complete a project within that fiscal year. So to be able to account
for a full debt service payment means we have to cut out of the budget whatever that debt service
payment would be. That's why, without a lot of sacrifice, we wouldn't be able to program it into
the current budget. Mr. Montague again commented on the use of reserves and why, if we do
use reserves, within a two -three year period, we will be back to 25 percent because of the
limitation we've established relating to those reserves and depending on the economy. That's if
we use 100 percent cash financing for that.
Council Member Comerford asked about the six percent of respondents to the survey that
didn't support the sales tax. Chief Rozema stated that he did some research into the statistical
significance of the concerns that were brought forward, and there is statistical significance based
on a populace of roughly 20,000 voters that we have in Marana. The problem with that is when
you start placing confidence intervals and percentages into the mix is that the people who
completed the surveys listened to the entire presentation, and that wouldn't necessarily be the
case for all voters. He said that he has 100 percent confidence in the people he spoke to and who
listened to the presentations, they overwhelmingly support the project, and it's not just residents,
its business owners as well.
Mr. Montague continued with the estimated impact that might be associated with a dedicated
sales tax. It does provide flexibility in a number of areas. One is the rate or percentage, and
examples have been provided. Duration or length of time is also flexible. We could put a cap
after we collect a particular dollar amount and the tax is rescinded. We can exclude certain
categories or transactions. Of the 91 Arizona cities and towns, approximately 23 have a single
item exemption. For a specific dollar amount of a purchase, it would be taxed at a different or
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lesser rate. Of those 23, approximately ten of them use $5,000 for items such as cars, boats,
motor homes, jewelry and certain large purchases. As an example, for a jurisdiction with a two
percent tax raised to two and a half percent, they might have a single item exemption transaction
for $5,000 or more, and that would be taxed at the lower rate. He gave an example which is used
by the City of Avondale. That could be considered here. The full amount of the item is taxed at
the lower rate. Mayor Honea asked if, for an item over $5,000, you could only tax the first
$5,000 and nothing over that. Mr. Montague stated that it becomes increasingly more complex.
As part of the process should it move forward, we'll need to bring the recommendation to the
Model City Tax Code Commission to be reviewed for consistency and compliance. We may
receive some push back on that from the business community related to their accounting and
business systems. Mr. Davidson clarified that the tax does not apply to food items. The town
does not tax for food consumption, although that option does exist.
Mr. Montague then gave an illustrative example timeline for Council action. Council is not
able to take formal action this evening because we are obligated to provide certain notices under
state statute. Any increase in fee or tax on a business requires a 60 -day notice. For a July start
date, notice would have to be posted on the town's website by the end of February. The earliest
Council could consider the tax would be the second meeting in April. If approved, we would
have ten days to notify the Arizona Department of Revenue as well as the Municipal Tax
Commission of the intended action.
Council Member Ziegler noted that although she recognizes the need for a new police facility,
she has concerns over how to pay for the facility. She is not a proponent of raising the sales tax
in Marana in any amount. She would like to see comparisons on the dedicated sales tax for the
local area. She doesn't feel comparing Marana to Maricopa County cities and towns is
reasonable. A V2 cent sales tax would give us the highest sales tax in the Pima County region.
She also raised the issue of cost of debt or cost per capita, and said she has been told and has
seen that Marana is close to $4,000 per person. She would like to see a comparison on the debt
per capita with southern Arizona towns, a breakdown on the $18M and how that figure was
arrived at as well as the higher level components. She then reiterated her previous comments
about Marana's current debt starting with the 99 -year State Land lease, the Tangerine /Downtown
sewer line, expansion of the sewer, recent taxes, including 17% from the County, override from
Marana Unified School District, the Pima Animal Control Center, and purchase of the sewer
from Pima County. She asked to make a motion, but Mayor Honea noted that several speakers
had yet to be heard.
Mr. Davidson responded that related to sales tax across the region, everyone in Pima County is
at two percent. Oro Valley has recently kicked off a community discussion similar to Marana's
of increasing their sales tax to 2.5 percent. Their sales tax would be permanent, taking half for
police and half to support their park system.
December 2 2014 Meeting Minutes 7
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He continued, saying that we actually have limited debt for the town. The bottom line is that
Marana is a growth community requiring investments on behalf of all residents — roads,
interchanges, public parks and facilities all have a cost. He then referred to the earlier
presentation by the Citizens' Forum that identified that we need to continue to make investments.
So the discussion tonight about a police facility is just one more step in the evolution of the town
— an investment for the future. Overall, our debt is relatively low for the growth potential of
Marana' s future.
In response to Council discuss, Mr. Davidson emphasized that staff first needed to know if there
is actually intent to help fund this project before spending any additional money on planning and
getting into the specific details. So if there is a desire for this Council to move this forward, then
staff will begin the process to start looking at the details of the facility. The $18M figure is based
on engineers who were brought to look at our needs and to give us a comparable to what other
similar facilities have cost in other communities. All of that material has been supplied in
previous sessions. There won't be a breakdown of costs, but it is more about comparables for
square footage, etc. Staff can provide more detail once Council gives direction to move forward.
All the current debt has different funding sources, such as impact fees. While there is an up-
front cash outlay to be expended; then it all gets paid back from the growth coming into the
community. And the same thing will eventually happen for the main sewer plant. All of those
things have been identified and talked about as part of the overall funding impact that this facility
may have.
Ed Stolmaker, President and CEO of the Marana Chamber of Commerce, stated that the
Chamber board voted to support the new police facility with a budget not exceeding $18M. The
board recommended that the proposed sales tax not exceed one -half cent, and that the sales tax
not be applied to retail items of more than $1,000. After hearing from Mr. Montague tonight, he
understood that a potential exclusion of $5,000 may also be considered. The board's decisions
were based on the needs of the police station, the safety issues, the liability issues, and overall
need. The board recommended that the sales tax be the revenue source for building the station
while using some of the other resources that are available, such as some reserves and other
monies, to draw the debt down from $18M to $15M, and do that in a reasonable amount of time
with a sunset when the facility is paid off.
David Morales spoke suggesting that the building of Basha's at Dove Mountain and Fry's at
Gladden Farms be used as benchmarks to be in place before implementing a sales tax. Until
these two items get built it would be a mistake to go on the sales tax. He suggested that Council
go to Harley Davidson and ask them how they feel about the sales tax because it will affect them
directly. He referred to the prior discussion about a splash pad. He believes the town needs to
grow intelligently and responsibly, and he feels that Council is rushing this. He supports the
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police department; however, funding is an issue. He was against the town going into the sewer
business. If the town hadn't gone into the sewer business, this funding would be no problem.
They (the town) will have this "yoke" until there are enough houses to offset it.
John Beale, a resident for 14 years who recently participated in the Citizens' Police Academy
stated that he saw a group of people who love doing what they're doing. He is in favor of the
police facility. If he had a risk manager with him or a quality review specialist, they would run
from the current facility. He believes we are years behind where we should be. The question is
why hasn't it been built before. The town will grow when there is a good thing going, people
want to live here, but you have to have infrastructure and business. With funding, keep it simple.
He knows that he will receive the benefits of this new facility, and there are a lot of people
willing to pay for it. So whatever you decide as the percentage, it's minimal. He is willing to
spend to get his safety in line with the basics.
Marcia Jakab spoke in support of a new police facility. She noted that the Police Chief spoke
to her homeowners' meeting last month, and there was a good group of attendees. People come
to those meetings with a lot of emotion, so she was surprised at how supportive everyone was.
They had no idea of what we don't have. She stated that Marana thinks of itself as a class act,
and we need a police station to support that. She also believes that keeping it simple as the
previous speaker stated, is really important. People voted funding for the County animal shelter.
People are willing to spend the money to get what they want, and we need the services. It would
help attract new residents as well as new police officers, and help retain current employees.
We're trying to go out and get universities and businesses to come and make their headquarters
in Marana. We have to ante up with a police station to match.
Mayor Honea closed the public hearing, and Council Member Ziegler proceeded with her
remaining concerns. She wants to get this project down to $12M without raising taxes. It has
nothing to do with having a new station or not; it's about paying for it. She would rather pay for
it quickly and get it over with. She asked how much we have in reserves now and how much we
can reduce that. Mr. Montague stated that the policy established some time ago has to do with
establishing a 25 percent minimum. Based on current expenditures, it's just under $9M. So we
wouldn't want to reduce reserves at any time to less than $9M. Economic recovery is coming,
but not fast enough. Let's talk about how far we can get that $12M down.
Council Member Kai stated that he understands the need and importance of a first class police
facility, but he has concerns about funding the project with a V2 cent sales tax or more to get this
thing moving. With our economy so fragile now, we don't want to drive Marana shoppers
somewhere else. He asked if a hybrid solution was possible, indicating that the new mall will
definitely have numerous buildings available that will be unoccupied. Possibly we could take a
December 2 2014 Meeting Minutes 9
Marana Council Meeting 01/06/2015 Page 66 of 262
couple of buildings, make a substation, or do whatever the Chief needs. As far as our substation
here in Marana, we could probably remodel that and maybe get by for less than $18M.
Council Member Bowen asked if data was available on how a single item exclusion of $5,000,
would impact the numbers given to Council. Mr. Montague responded that that level of data is
currently not available and will require some cooperation between the town and the business
community. Council Member Bowen indicated that from what Council has heard, most of the
business community that have been approached and many of the citizens want this whether the
Council does or not, and we need to take into account what the citizens want. Vice Mayor Post
suggested taking money from the reserves and moving this project down the road a bit to get a
hard number that Council feels comfortable with as a down payment on this project. Maybe look
at impact fees again and find out exactly what this is going to cost us. We've had three meetings
where we've talked about spending $18M of the public's money. We do need a police station,
but he would like to do it smarter. He suggested using some money to get a design.
Chief Rozema stated that he didn't have the figures as far as the design cost, but the people that
were consulted are in the business of building police facilities, so they based the information on a
number of things. One of those was a needs assessment done about one and a half years ago.
The consultants indicated that for a facility to grow into over the next 30 years would take
roughly 60,000 feet. The cost based on that square footage was roughly $20M. Staff and
consultants worked to refine some of the needs and requirements for the same period and came
up with a facility of about 45,000 square feet for $18M. Although the numbers may seem rough,
the reality is that these consultants do this on a regular basis, so their initial assessments and
estimates are pretty close. The Chief didn't have an actual cost from a design architect at this
time, but could get that information to Council.
Vice Mayor Post stated that he personally would like to see the numbers a little tighter, to know
exactly what we would be comfortable pulling from reserves, exactly what number we would be
comfortable going to our residents with. He was not saying `no'; he was saying let's do things a
little bit cleaner. Council Member Ziegler agreed with Vice Mayor Post. She suggested taking
$2M to do some design studies so Council can see what will be built. She would like the
specifics of what we will be getting for that amount of money.
Motion by Council Member Ziegler, second by Council Member Kai, to continue the item to
receive more detail to a date uncertain. Mayor Honea called the question and asked Ms.
Bronson to poll the Council. Motion failed 5 -2 with Council Members Ziegler and Kai voting
"aye": Mayor Honea asked if there was a second motion. Council Member Bowen moved to
direct staff to initiate the process to adopt a dedicated Y2 cent sales tax to be used for the
construction of the police facility, using $SM from the reserve funds as well as $1M from
RICO funds for the design, engineering, construction and equipment in an amount not to
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exceed $18M with a sunset clause of three years. Second by Council Member Comerford.
Mayor Honea called for the question. Council Member Ziegler asked if the motion included
asking for firm numbers, to which Council Member Bowen responded that it did not. Mr.
Davidson interjected and asked that as part of the discussion on the motion, if there is there an
exemption or cap to a single item purchase. Council Member Bowen stated that he would like
to add an exclusion of $5K for a single item purchase to his motion. Vice Mayor Post asked for
clarification on the motion regarding whether we are just moving forward with the sales tax
option or specifying an actual percentage. Council Member Bowen said that he was specifying
that a V2 cent sales tax be implemented. Mayor Honea asked Ms. Bronson to poll the Council.
The motion passed 6 -1 with Council Member Ziegler voting nay. Council Member Ziegler
noted that her vote was not against a new police facility, but rather due to not having all the facts
and information and putting another burden on the community with another sales tax is not a
fiduciary result of what we are here for. We should be protecting our community.
ITEMS FOR DISCUSSION /POSSIBLE ACTION
D 1 Relating to Legislation and Government Actions; discussion and possible action regarding all
pending state, federal, and local legislation/government actions and on recent and upcoming
meetings of the other governmental bodies. Mr. Davidson noted that on the next agenda,
Council will be considering adoption of the standard legislative agenda for the 2015 session. A
copy of that will be distributed to Council by the end of this week.
EXECUTIVE SESSIONS
Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which
will not be open to the public, to discuss certain matters.
E1 Executive Session pursuant to A.R.S. §38- 431.03 (A)(3), Council may ask for discussion or
consultation for legal advice with the Town Attorney concerning any matter listed on this
agenda.
FUTURE AGENDA ITEMS
Notwithstanding the mayor's discretion regarding the items to be placed on the agenda, if three
or more Council members request that an item be placed on the agenda, it must be placed on the
agenda for the second regular Town Council meeting after the date of the request, pursuant to
Marana Town Code Section 2- 4 -2(B).
December 2 2014 Meeting Minutes 11
Marana Council Meeting 01/06/2015 Page 68 of 262
ADJOURNMENT. Motion to adjourn at 9:26 p.m. by Vice Mayor Post, second by Council
Member Bowen. Passed unanimously.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council
meeting held on December 2, 2014. I further certify that a quorum was present.
Jocelyn C. Bronson, Town Clerk
December 2 2014 Meeting Minutes 12
Marana Council Meeting 01/06/2015 Page 69 of 262
N pW N op%
1 7
9 MARANA 7
JS►ZOS�
STUDY SESSION
MINUTES
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chamber, December 16, 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
STUDY SESSION
CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 6:04
p.m. Town Clerk Bronson called roll. Council Member McGorray was excused. There
was a quorum present.
PLEDGE OF ALLEGIANCE /INVOCATION /MOMENT OF SILENCE. Mayor Honea
noted that the pledge would be given at the regular meeting.
APPROVAL OF AGENDA. Motion to approve by Council Member Ziegler, second by
Vice Mayor Post. Passed unanimously 6 -0.
CALL TO THE PUBLIC
At this time any member of the public is allowed to address the Town Council on any issue
within the jurisdiction of the Town Council, except for items scheduled for a Public Hearing at
this meeting. The speaker may have up to three minutes to speak. Any persons wishing to
address the Council must complete a speaker card located outside the Council Chambers and
deliver it to the Town Clerk prior to the commencement of the meeting. Individuals addressing a
meeting at the Call to the Public will not be provided with electronic technology capabilities
beyond the existing voice amplification and recording capabilities in the facilities and the Town's
overhead projector /document reader. Pursuant to the Arizona Open Meeting Law, at the
conclusion of Call to the Public, individual members of the Council may respond to criticism
December 16, 2014 Study Session Minutes 1
Marana Council Meeting 01/06/2015 Page 70 of 262
made by those who have addressed the Council, and may ask staff to review the matter, or may
ask that the matter be placed on a future agenda. No speaker cards were presented.
DISCUSSION /DIRECTION /POSSIBLE ACTION
D 1 Relating to Council; Discussion and direction related to the adoption of the Marana Strategic
Plan III (originally adopted 2009 and updated in 2012); its five focus areas - commerce,
community, innovation, heritage, and recreation; principle statements supporting each focus
area; and individual initiatives and goals related to each principle statement (Gilbert Davidson)
Mr. Davidson presented this item as the culmination of a year's worth of work through
discussions with Council and study sessions of the Council vision and projects that will be
coming forward in the next few years. From those initial meetings, staff reached out to the public
online and through community and homeowner association meetings, civic groups, a day -long
retreat with members of the Chamber of Commerce, Heritage Conservancy and fire district. The
document before Council tonight is the draft from the input of all parties. It is segmented
according to the five focus areas of commerce, community, innovation, heritage and recreation.
Unique to this document are principle statements supporting each focus area with individual
initiatives and goals related to each principle statement. He will take all Council comments and
add them to the master document to produce the final edits and changes. It will then get the final
design and come back to Council for adoption in January. He noted that there are areas that
overlap. There are similar statements that are made in commerce, community and some of the
focus areas. That is a result of different individuals submitting items. Staff tried to remove some
of those duplications, but some staff felt that they re- emphasized the importance of a particular
item. He noted that Council Member Bowen played a key role in how this document came
together.
He then began with Principal Statement 1 and initiatives for the focus area of Commerce The
importance of this initiative is that everything on the staff side originates from a code or
directive. So staff doesn't have the authority to make up things and must refer back to a code or
policy document. This is what drives the entire land development process. Updating the Land
Development Code will also require adding some budget authority. Referring to Initiative 12,
Council Member Ziegler asked if the ability to utilize and leverage resources of the town to
encourage the development of retail grocery operations in north Marana was within the control
of the town. Mr. Davidson acknowledged that we don't have the ability to control what the
private sector does in terms of its decision to invest somewhere. We can get creative if someone
were to come to the town and was willing to put up their money to get something going. It
doesn't commit us; just lets us leverage our resources if someone is willing to come and talk with
us. With respect to Initiative 7, airport, Council Member Ziegler said it would be great to
leverage our assets to attract people coming to big sporting events in the Phoenix metro area to
get them to land at our airport. Council Member Kai asked if it would be possible for the town
to get involved with Northwest Fire District to make them more user - friendly with new
businesses starting up. Mr. Davidson said we do need to work with them to make sure they have
the same pro- business philosophy that the town has.
December 16, 2014 Study Session Minutes 2
Marana Council Meeting 01/06/2015 Page 71 of 262
Mr. Davidson continued with Principle Statement 2. No questions or comments. Under
Principle Statement 3, Mr. Davidson noted that under Initiative 19, something that could be
added would be trade schools. There are industries that have moved into Marana that have a
specialized workforce such as welders and fabricators. Council Member Ziegler asked if
charter schools could be added under Initiative 18; however Mr. Davidson indicated that it was
captured as part of K -12 education but it could be highlighted. Initiative 23 relating to
maintenance is actually new to get at the heart of what we've been doing so well as part of our
core strategic plan effort. Council Member Ziegler asked if under Initiative 21, it makes sense
to talk about high school scholarships from the private sector.
Under focus area Community Principle Statement 1, Initiative 5 is new to emphasize
emergency and disaster planning for the community. Mayor Honea asked if Initiative 7 could
go under Principle Statement 1 under Commerce as it relates to the Land Development Code.
Mr. Davidson indicated that it could go there. Council Member Ziegler asked if under
Initiative 2, should we put something in about promoting and the successful Marana Explorers
program. Mr. Davidson said that could be added to 2 d. Under Principle Statement 2, there were
no questions. Under Principle Statement 3, Council Member Ziegler asked about Initiative 16,
the arts. Can we find someone in the community who could take a lead on this initiative ?. Mr.
Davidson agreed that her point was well -made. Council Member Ziegler also asked by about
public transit under Initiative 19. Buses going to the new Marana Mall and the Foothills Mall
would be an enhancement, and Mr. Davidson agreed.
Under focus area Innovation there were no questions. Under focus area Heritage Initiative 6,
Council Member Ziegler asked if sweet corn could be added to the crops grown at the Heritage
Farm. Under focus area Recreation there were no questions on the initiatives. Council
Member Ziegler asked if there shouldn't be something in the Plan about the new veterans'
memorial cemetery. She believes there will be a need for a conservancy to help with the repairs
of the cemetery over the next 50 years or so. Mr. Davidson thought it was a great suggestion if
there was no objection from other Council Members. He noted that the town has done quite a bit
over the years to support veterans' efforts and causes and recognize their value in our community
as well as the nation. He can add a piece in the Community section for an ongoing effort to
support veterans and the recognition they deserve. Council Member Bowen brought to the
attention of Council that in addition to the work he and Mr. Davidson have done on this
document, the work done by Mr. Davidson and the department heads needs to be recognized for
the tremendous amount of work they have put into this. What guided the work was coming up
with measures for a timeframe to gauge how the work is coming along. Another point he made is
the work done by Council to leverage their position in the community to get things done and
promote partnerships with other entities. He congratulated and thanked everyone for their
efforts.
Mr. Davidson concluded by stating that if any Council Member has a written copy of notes of
things to add to the Plan, get it to him as soon as possible so that he can get comments into the
master document within the next ten days and get it finalized for adoption by the Council in
January.
EXECUTIVE SESSIONS
December 16, 2014 Study Session Minutes 3
Marana Council Meeting 01/06/2015 Page 72 of 262
Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which
will not be open to the public, to discuss certain matters.
Executive Session pursuant to A.R.S. §38- 431.03 (A)(3), Council may ask for discussion or
consultation for legal advice with the Town Attorney concerning any matter listed on this
agenda.
FUTURE AGENDA ITEMS
Notwithstanding the mayor's discretion regarding the items to be placed on the agenda, if three
or more Council members request that an item be placed on the agenda, it must be placed on the
agenda for the second regular Town Council meeting after the date of the request, pursuant to
Marana Town Code Section 2- 4 -2(B).
ADJOURNMENT. Motion to adjourn at 6:57 p.m. by Vice Mayor Post, second by Council
Member Bowen. Passed unanimously 6 -0.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the study session of the
Marana Town Council meeting held on December 16, 2014. I further certify that a quorum was
present.
Jocelyn C. Bronson, Town Clerk
December 16, 2014 Study Session Minutes 4
Marana Council Meeting 01/06/2015 Page 73 of 262
� n ��
1 7
� MARANA �
REGULAR COUNCIL MEETING
MINUTES
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, December 16, 2014 at or after 7:00 PM
Ed Honea, Mayor
Jon Post, Vice Mayor
David Bowen, Council Member
Patti Comerford, Council Member
Herb Kai, Council Member
Carol McGorray, Council Member
Roxanne Ziegler, Council Member
REGULAR COUNCIL MEETING
CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 7:10
p.m. Town Clerk Bronson called roll. Council Member McGorray was excused; there was a
quorum present.
PLEDGE OF ALLEGIANCE /INVOCATION /MOMENT OF SILENCE. Prior to the Pledge
which was led by Mayor Honea, he announced that Council Member McGorray's son passed
away early this morning. He had been ill for a long period. He asked the audience to please
keep her and her family in their thoughts.
APPROVAL OF AGENDA. Motion by Vice Mayor Post to approve the agenda with the
continuance of item A 1 to the January 6, 2015 meeting. Second by Council Member Kai.
Approved unanimously 6 -01
CALL TO THE PUBLIC
At this time any member of the public is allowed to address the Town Council on any issue
within the jurisdiction of the Town Council, except for items scheduled for a Public Hearing at
this meeting. The speaker may have up to three minutes to speak. Any persons wishing to
December 16, 2014 Meeting Minutes 1
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address the Council must complete a speaker card located outside the Council Chambers and
deliver it to the Town Clerk prior to the commencement of the meeting. Individuals addressing a
meeting at the Call to the Public will not be provided with electronic technology capabilities
beyond the existing voice amplification and recording capabilities in the facilities and the Town's
overhead projector /document reader. Pursuant to the Arizona Open Meeting Law, at the
conclusion of Call to the Public, individual members of the Council may respond to criticism
made by those who have addressed the Council, and may ask staff to review the matter, or may
ask that the matter be placed on a future agenda.
Lori Schaeffler, representing Run for the Wall, presented a Certificate of Appreciation for the
town's support from the Board of Directors and Riders of RFTW 2014. Run for the Wall riders
have been riding through the town for over 21 years.
Mr. Davidson suggested that since the item A 1 was removed from the agenda to January, there
may be speakers who would like to be heard on the issue at this time. Mayor Honea concurred.
David A. Lutz and Sandra Castagno spoke in opposition to the rezoning of the Lazy K Bar
Ranch property. Mr. Lutz's comments related to impact fees and higher taxes and depleted
water resources. Ms. Castagno's comments related to the density of the development disrupting
the habitat and migration patterns of wildlife. Mr. Heller commented generally regarding growth
and changes to plans approved by the Council. Barbara Rose spoke in appreciation of the work
by Council Member McGorray and submitted a copy of the comments she will be making at the
January 6, 2015 meeting. Robert Ferreira and Pat Lopez submitted speaker cards but deferred
their comments to the January 6 meeting. Bob Gilby, president of the Tucson Mountain
Association noted that he submitted a letter of opposition, and he will be back on January 6th.
Ken Scoville commented on what he felt was the disparity between the proposed Strategic Plan
and the Council's position on the Lazy K Bar Ranch item.
PROCLAMATIONS
Proclamation honoring the Military Order of the Purple Heart and proclaiming that
Marana is a Purple Heart Town in the State of Arizona
Mayor Honea asked Mike Dyer to speak regarding Marana as a Purple Heart Town. It was at
Mr. Dyer's request that the proclamation was written. Mike Dyer spoke on behalf of the men
and women who have been wounded or killed in action defending our country. He also thanked
Council Member Kai and the Kai Family for donating the land for the veterans' cemetery. He
also noted that there is a veterans' memorial at Mountain View High School. Further, in the over
40 years he has been in Marana, it has always been a military- supportive community, and it's
getting better all the time. He thanked the town for the proclamation and gave the Town Clerk
the Badge of Military Honor and wristbands for distribution to the Council Members. Mayor
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Honea gave Mr. Dyer the original proclamation and stated that the town would provide copies to
any other veteran's groups who wanted it. Ms. Bronson then read the proclamation.
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
Council Member Bowen talked about the Christmas Tree Lighting and said it was the highlight
event of his time on the Council. He congratulated Vickie Hathaway and the rest of the staff for
going a step beyond anything that has been done before. Council Member Comerford echoed
those comments and also thanked the staff for their hard work in putting such a great event
together. Mayor Honea said the comments from both Council Members Bowen and Comerford
were his sentiments, too. His only concern is that if the event gets bigger, we won't know where
to hold it. Staff did a wonderful job.
MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
No report.
PRESENTATIONS
CONSENT AGENDA. Motion to approve by Vice Mayor Post, second by Council Member
Kai. Passed unanimously 6 -0.
The Consent Agenda contains items requiring action by the Council which are generally routine
items not requiring Council discussion. A single motion and affirmative vote will approve all
items on the Consent Agenda, including any resolutions or ordinances. Prior to a motion to
approve the Consent Agenda, any Council member may remove any item from the Consent
Agenda and that item will be discussed and voted upon separately.
C1 Resolution No. 2014 -122: Relating to Development; Approving a release of subdivision
assurances for San Lucas Block 8 and accepting public improvements for maintenance (Keith
Brann)
C2 Resolution No. 2014 -123: Relating to Development; Accepting the Tiffany Loop Potable
Water Line public improvements for maintenance (Keith Brann)
C3 Resolution No. 2014 -124: Relating to the Police Department; approving and authorizing
the Town Manager to execute a Subgrantee Agreement with the Arizona Department of
Homeland Security for purposes of receiving funds under the 2014 Operation Stonegarden Grant
Program (Lisa Shafer)
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C4 Resolution No. 2014 -125: Relating to Intergovernmental Relations; adopting a 2015
Town of Marana legislative program and authorizing those engaged to lobby on behalf of the
Town of Marana to represent and pursue it (Gilbert Davidson)
CS Resolution No. 2014 -126: Relating to Boards, Commissions and Committees; appointing
Raymond Copenhaver as the Town of Marana citizen representative to the Tucson -Pima
County Bicycle Advisory Committee (Brian Varney)
LIQUOR LICENSES
BOARDS, COMMISSIONS AND COMMITTEES
B1 Resolution No. 2014 -127: Relating to Boards, Commissions and Committees; making
appointments to the Town of Marana Personnel Action Review Board (Jocelyn C. Bronson).
Vice Mayor Post spoke on behalf of the chairman of the committee, and stated that after
reviewing and deliberating on the applications of the five candidates, the Committee
recommends Don Duncan and Connie Steinman be appointed to the Marana Personnel Action
Review Board. Council Member Bowen moved to appoint Don Duncan and Connie Steinman
to the Marana Personnel Action Review Board. Council Member Comerford seconded the
motion. Passed unanimously 6 -0.
B2 Relating to Boards, Commissions and Committees; selecting three potential topics for the
Winter 2015 Marana Citizens' Forum (Jocelyn Bronson). Heath Vescovi- Chiordi presented this
item. He noted that the Forum is reconvening for the Winter 2015 session beginning January Stn.
At that orientation meeting, delegates will be selecting the topic they will be researching and
making a recommendation on. A matrix of eight topics was placed on the dais for each Council
Member to vote for their top three choices to be referred to the delegates. The proposed topics
have come from prior Council recommendations, staff recommendations and older
recommendations that have not been selected. There is no hierarchy to the way the topics are
listed. He asked Council to take a few minutes at the dais to complete the matrix. The
completed topic matrices were then given to the Town Clerk and Mr. Vescovi to compute. The
top three choices will be given to the Forum delegates, and they will choose one to deliberate
over the next 12 weeks. The Town Clerk read the topics into the record.
B3 Approval of Minutes of November 25, 2014 Council Committee for Personnel Action
Review Board Appointments (Jocelyn C. Bronson). Ms. Bronson noted that this item would
normally have been included as a Consent item except as it related to a specific board action.
Mr. Cassidy noted that only the Committee members would be eligible to vote on this item.
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Motion by Vice Mayor Post, second by Council Member Comerford. Passed unanimously 2 -0
with Council Member McGorray being excused.
COUNCIL ACTION
Al PUBLIC HEARING Ordinance No. 2014.030 Relating to Development; approving a
rezoning of approximately 138 acres of land located at the west terminus of Pima Farms Road,
west of the Scenic Drive alignment, from `RR' Resort and Recreation to `F' Specific Plan for the
purpose of establishing the Lazy K Bar Ranch Specific Plan; approving a minor amendment to
the General Plan; and approving and authorizing the mayor to execute the Lazy K Bar Ranch
Development Agreement (Brian Varney) Moved to January 6, 2015.
ITEMS FOR DISCUSSION /POSSIBLE ACTION
D 1 Relating to Legislation and Government Actions; discussion and possible action
regarding all pending state, federal, and local legislation /government actions and on recent and
upcoming meetings of the other governmental bodies (Gilbert Davidson)
EXECUTIVE SESSIONS
Pursuant to A.R.S. § 38-431.03, the Town Council may vote to go into executive session, which
will not be open to the public, to discuss certain matters.
E1 Executive Session pursuant to A.R.S. § 38- 431.03(A)(3), Council may ask for discussion
or consultation for legal advice with the Town Attorney concerning any matter listed on this
agenda.
E2 Executive Session pursuant to A.R.S. § 38- 431.03(A)(1) for discussion, consideration
and possible interviews of candidates for appointment to the Town of Marana Personnel Action
Review Board.
FUTURE AGENDA ITEMS
Notwithstanding the mayor's discretion regarding the items to be placed on the agenda, if three
or more Council members request that an item be placed on the agenda, it must be placed on the
agenda for the second regular Town Council meeting after the date of the request, pursuant to Marana
Town Code Section 2- 4 -2(B).
ADJOURNMENT. Motion to adjourn by Vice Mayor Post, second by Council Member
Bowen at 7:39 p.m. Passed unanimously 6 -0.
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CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the Marana Town Council
meeting held on December 16, 2014. I further certify that a quorum was present.
Jocelyn C. Bronson, Town Clerk
December 16, 2014 Meeting Minutes 6
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- r
C? RANA -P
11555 W. CIVIC CENTER DRIVE. NIARANA. ARIZ ONA 8 5 6 5 3
Item A 1
To: Mayor and Council
From: Brian Varney, Planner II
Date: January 6, 2015
Strategic Plan Focus Area:
Commerce, Community
Subject: PUBLIC HEARING: Ordinance No. 2015.001 Relating to Development; approving a
rezoning of approximately 13 8 acres of land located at the west terminus of Pima Farms
Road, west of the Scenic Drive alignment, from `RR' Resort and Recreation to `F'
Specific Plan for the purpose of establishing the Lazy K Bar Ranch Specific Plan;
approving a minor amendment to the General Plan; and approving and authorizing the
mayor to execute the Lazy K Bar Ranch Development Agreement (Brian Varney)
Discussion:
Summary of Application
The Planning Center, representing Mattamy Tucson, LLC, is requesting approval to rezone
approximately 13 8 acres of land from `RR' Resort and Recreation to `F' Specific Plan for the
purpose of establishing the Lazy K Bar Ranch Specific Plan. The requested rezoning includes an
application for a minor amendment to the Town of Marana General Plan. The application proposes
to amend the existing General Plan land use plan category of Rural Density Residential (RDR) to
Master Plan Area (MPA) to accommodate the proposed Specific Plan zoning. An application has
also been submitted requesting approval of the Lazy K Bar Ranch Development Agreement, which
is intended to provide, among other things, the conditions, terms, restrictions, and requirements for
development and public infrastructure and the financing of public infrastructure.
Rezoning Request
The rezoning area consists of approximately 138 acres. The Lazy K Bar Ranch Specific Plan
proposes two primary land uses: RA (Residential Area) and OS (Open Space). The RA use is
proposed to occupy approximately 62 acres, or 45%, of the project area inclusive of lot area,
roadways, and associated infrastructure. The OS land use is proposed to occupy approximately 76
acres, or 55%, of the project area inclusive of natural undisturbed open space, general open space
(disturbed), and recreation area.
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Marana General Plan
The land use plan within the Town of Marana General Plan designates the rezoning area with the
land use category of Rural Density Residential (RDR), which is characterized by single- family
detached homes on very large properties at a density range of 0.1 to 0.5 residences per acre.
Limited neighborhood commercial development may be allowed within this category. The
application to amend the General Plan requests a minor amendment from Rural Density
Residential (RDR) to Master Plan Area (MPA) to accommodate the proposed specific plan zoning.
The Marana General Plan distinguishes a major amendment from a minor amendment by
consideration of three criteria. The criteria determine whether or not the proposed amendment
would result in a substantial alteration in the land use mixture or balance as established in the
existing General Plan Land Use and Growth Element. The criteria are as follows:
1. The change in land use designation exceeds 80 acres (not including Master Planning Areas).
2. The change results in a two -step increase of the current land use designation.
3. The proposal results in significant alteration, or diversion from an area of the adopted Road
Network including, but not limited to, a change in functional classification.
The request is confirmed by staff to constitute a minor amendment based upon the following:
1. The requested land use category is Master Planning Area.
2. The requested amendment would result in a one -step increase in density range. The existing
range for Rural Density Residential is 0.1 - 0.5 residences per acre. The proposed density of
1.29 residences per acre falls within the range of 0.5 - 2.0 (Low Density Residential).
3. The Roadway Network Plan consists predominantly of major roadways with a minimum
right -of -way of 90 feet. Scenic Drive is not included within the Road Network Plan.
Land Use
The Lazy K Bar Ranch Specific Plan proposes 178 residential lots, roadway infrastructure,
drainage and utility infrastructure, and well as approximately 2.38 acres for recreation not
including an anticipated public trail easement near the north boundary of the project.
Approximately 62 acres (45 percent) of the site will be developed for residential lots and related
infrastructure, and approximately 76 acres (55 %) of the site area will be maintained as open space.
Of the 76 acres, it is anticipated that 34.5 acres (25 percent) will remain as Natural Undisturbed
Open Space, and the remaining will function as general open space (disturbed) and recreation area.
The specific plan proposes both passive and active open space and recreation in the form of a 2.38
acre community recreation area in the location of the existing ranch house, as well as a multitude of
private and public trails. The final subdivision plat for the project will identify and delineate the
location of a public trail easement to be granted to the town at such time that similar trail
easements are secured for trails on the adjacent property to the west. An easement will be granted
on the Lazy K Bar Ranch site within the open space area in close proximity to the north property
line and extend the full length of the property. The easement will enable the Town to construct and
maintain a sustainable trail that connects to a larger regional public trail system.
The topography of the site is characterized largely by undulating terrain with rather significant
slopes in the west and south portions of the site. There are Level 1 restricted peaks and ridges
located in the northwest and southwest corners of the property. Grading will be restricted to lots,
roadways, and necessary ancillary grading for improvements within the project. The low - density,
Marana Council Meeting 01/06/2015 Page 81 of 262
rather clustered design of the project will allow for most drainage to flow naturally. Significant
drainageways within the project will be preserved in their natural state with minimal
encroachments primarily for roadway crossings. Wildlife corridors are maintained in the north and
southeast areas of the site, and wash /roadway culverts will be sized to accommodate smaller
wildlife species.
The proposed development standards are very typical of those in other quality single- family
residential developments. The specific plan proposes three lot size categories within the RA
(Residential Area) land use designation that generally increase in size from east to west within the
project. The smallest lots at a minimum size of 7,200 square feet are located closest to the project's
frontage on Scenic Drive. Lots located near the center of the project are proposed at a minimum of
9,100 square feet, and lots located further west in the upper elevations of the project are proposed
at a minimum lot size of 11,200 square feet. The builder, Mattamy Homes, is anticipating a few
distinct product types all limited to one -story construction. Development will be subject to the
Town's residential design standards.
Access and Circulation
Access for the project is provided via Scenic Drive. The primary access aligns with Pima Farms
Road and will provide both ingress and egress. The secondary access is located approximately 100
feet south of the north boundary of the project and will provide egress only. A gated development
is proposed and the private streets will be maintained by a homeowner's association.
The Town of Marana Traffic Engineering Division has accepted the Traffic Impact Analysis for
the project. The applicant has submitted a design exception request to reduce the required width of
the interior streets in the development. Section 6.0 of the Town of Marana Subdivision Street
Standards Manual specifies a residential street section with two 16 foot travel lanes. The Town
Engineer has accepted a proposed reduction to 12 -foot travel lanes with a two -foot roll curb on
both sides of the street. Parking will only be allowed on one side of the street, as approved by
Northwest Fire District. Sidewalks will be provided on one side of the street for those streets that
serve the largest lots. The streets that serve the mid -sized and smaller lots will include sidewalks
on one side of the street in locations where homes are to be constructed on only one side. In
locations where homes are to be constructed on both sides of the street, sidewalks will be provided
on both sides. Mid -block crossings are provided where needed to allow pedestrians to safely cross
streets. A four -foot natural path will be constructed, in lieu of sidewalk, along the main drive in
order to maintain a suburban character. The benefits of a narrower street section include reduced
maintenance costs, reduction of the urban heat - island effect, reduction in land disturbance, and a
traffic calming effect.
Through extensive review and analysis, Town staff has determined that re- opening Scenic Drive is
critical to ensure effective and efficient neighborhood traffic circulation. The owner /developer will
dedicate to the Town the previously abandoned right -of -way for Scenic Drive along the project's
frontage, and will fully improve /construct Scenic Drive in accordance with the Lazy K Bar Ranch
Development Agreement.
Utilities
The rezoning area will be served by Marana Water via an existing 12 -inch main located within
Pima Farms Road near its intersection with Scenic Drive. It is anticipated that a booster station
will be constructed to supply water to the higher elevations within the project. A water service
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agreement, as well as plans for the water distribution system will be required prior to development.
The owner/ developer will be responsible for constructing all on -site and off -site water
infrastructure needed to serve potable water and fire protection to the project.
Sewer will be provided to the development by Pima County. The Pima County Regional
Wastewater Reclamation Department has indicated that flows from this project can be
accommodated in an existing 10 -inch sewer line located within Pima Farms Road near its
intersection with Sand Dune Place, approximately 2,700 feet east of the project. Other options may
be available in nearby existing lines; however, the owner /developer must obtain confirmation from
Pima County that conveyance and treatment capacity is available for these options prior to platting.
The project is located within the Tucson Electric Power (TEP) service area. TEP has indicated that
an upgrade to the existing overhead line in Pima Farms Road near Scenic Drive may be required to
serve the project. Southwest Gas currently serves the property.
Development Agreement
The Marana Land Development Code provides that the Planning Commission, by adoption of a
resolution that includes 'written findings specifying the facts and information relied upon ....in
rendering [its] decision and recommendation," "shall make a report and recommendation to the
Town Council, by affirmative vote [of] not less that a majority of its voting members," that the
proposed development agreement be adopted as proposed, adopted with modifications, or denied.
The Planning Commission adopted Planning Commission Resolution 2014 -04 at the conclusion of
a November 12, 2014, public hearing. A copy of the Planning Commission resolution is provided
with the backup materials for this item.
Citizen Participation
The applicants conducted a neighborhood meeting on June 2, 2014 at the Stardance Event Center.
The meeting was well attended by approximately 60 community residents and others interested in
the proposed plan. The applicant held an additional neighborhood meeting on August 19, 2014 at
the Stardance Event Center, with an attendance of approximately 3 S . The predominant concerns
expressed by the participants included: project density; increased traffic on surrounding streets;
re- opening of Scenic Drive; the potential for cut - through traffic on Moonfire Drive; environmental
impact; impact to local private wells; and visual impact upon surrounding properties.
Public Notification
The required notice for this public hearing was properly noticed in The Daily Territorial
newspaper, and all property owners within 300 feet of the proposed specific plan area were noticed
by United States Mail of the date, time, and topic of the public hearing. Notice was also posted at
various locations within the community.
Recommended Findings of Fact
1. The property is currently zoned `RR' Resort and Recreation. The proposed change in zoning
from `RR' to `F' Specific Plan will require a minor amendment to the Marana General Plan
from the existing designation of Rural Density Residential (RDR) to Master Planning Area
(MPA).
2. With the acceptance of the recommended conditions, the proposed rezoning is in compliance
with all other development standards of the Land Development Code related to this zoning
classification.
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3. This proposal, with acceptance of the recommended conditions, does not appear to be
detrimental to the immediate area or to the health, safety, and welfare of the inhabitants of the
area and the Town of Marana.
4. The Planning Commission's findings pertaining to the development agreement are contained
in Planning Commission Resolution 2014 -04 provided in the backup materials for this item.
CASE ANALYSIS
Review criteria
1. Ability to comply with development regulations, i.e. water, sanitation, access, developable
parcel, etc.:
With the acceptance of the recommended conditions the development complies with the
requirements of all agencies.
2. Ability to comply with requirements of the zoning regulations, i.e. lot size, frontage, setbacks,
etc.:
With the acceptance of the recommended conditions this proposal complies with the requirements
of `F' Specific Plan zoning and the purpose and intent of the Land Development Code.
3. Consistent with the purpose of the zoning regulations and with the intent of the General Plan:
This proposal is consistent with the purpose and intent of the Land Development Code and the
Town of Marana General Plan Master Planning Area (MPA) land use designation.
4. Compatible with the surrounding area, harmonious with the character of the neighborhood, not
detrimental to the immediate area or the development of the area, and not detrimental to the health,
safety, or welfare of the inhabitants of the area and the Town:
Based upon the requirements and conditions, this proposal does not appear to be detrimental to the
immediate area or to the general health, safety, and welfare of the inhabitants of the area and the
Town of Marana.
Financial Impact:
Fiscal
2015 -2016
Year:
Budgeted
Y
Y /N:
Amount:
$640,000
(estimated)
The development agreement would obligate the Town to reimburse the developer for 40% of the
public improvements cost, as defined in the agreement, for the construction of Scenic Drive.
Although the actual public improvement costs for Scenic Drive are not known at this time, the
Town estimates cost to be approximately $1,600,000 which would obligate the town to reimburse
the developer approximately $640,000 under the development agreement. The source of repayment
of this obligation is construction sales taxes generated and collected from the proposed
development project including the reconstruction of Scenic Road. Due to the source of repayment,
the reimbursements will likely be paid out over a number of fiscal years. The costs associated with
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the development agreement will be included in the fiscal year 2015 -2016 and future budgets, as
appropriate.
Staff Recommendation:
Staff recommends approval of PCZ 1410 -001, Lazy K Bar Ranch Specific Plan, GPA 1410 -001,
General Plan minor amendment, and PCM 1410 -001, Lazy K Bar Ranch Development Agreement,
based upon the recommended findings and subject to the conditions set forth in the draft ordinance
included with these agenda materials.
Planning Commission Recommendation
The Planning Commission heard the request for the proposed rezoning, general plan amendment,
and development agreement at a public hearing held on November 12, 2014. By a vote of 6 -0, the
Commission voted in favor of recommendation to the Town Council approval of the rezoning and
general plan amendment. By a vote of 6 -0, the Commission voted to adopt Planning Commission
Resolution 2014 -04 recommending that the Town Council approve the Lazy K Bar Ranch
Development Agreement.
Suggested Motion:
Staff recommends that the Town Council move one of the following options:
OPTION 1: I move to adopt Ordinance 2015.001, as presented by staff.
OPTION 2: I move to adopt Ordinance 2015.001, as presented by staff, subject to the following
modifications (add as necessary).
Attachments: Ordinance 2015.001
Exhibit 'A' - Legal Description
Exhibit B Lazy K Bar Ranch DA
Location Map
Specific Plan Application
Specific Plan Document - October 2014
Design Exception Application
Scenic Drive Improvements
Planning Commission Resolution 2014 -04
Planning Commission Minutes 11 -12 -2014
7001 PATNA
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MARANA ORDINANCE NO. 2015o001
RELATING TO DEVELOPMENT; APPROVING A REZONING OF APPROXIMATELY 138
ACRES OF LAND LOCATED AT THE WEST TERMINUS OF PIMA FARMS ROAD,
WEST OF THE SCENIC DRIVE ALIGNMENT, FROM `RR' RESORT AND RECREATION
TO `F' SPECIFIC PLAN FOR THE PURPOSE OF ESTABLISHING THE LAZY K BAR
RANCH SPECIFIC PLAN; APPROVING A MINOR AMENDMENT TO THE GENERAL
PLAN; AND APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE LAZY
K BAR RANCH DEVELOPMENT AGREEMENT
WHEREAS LKB Ranch, LLC, LKB Hotel, LLC, and LKB Retained Land, LLC
(collectively the "Property Owners ") own 138 acres of property located at the west terminus of
Pima Farms Road, west of the Scenic Drive alignment, within a portion of Section 29, Township
12 South, Range 12 East, described and depicted on Exhibit "A" attached to and incorporated in
this Ordinance by this reference (the "Rezoning Area "); and
WHEREAS the Property Owners have authorized The Planning Center and Mattamy
Tucson, LLC to submit applications to rezone 138 acres from `RR' Resort and Recreation to `F'
Specific Plan ( "this Rezoning "), amend the Marana 2010 General Plan from Rural Density
Residential (RDR) to Master Planning Area (MPA), and to process a development agreement for
the Rezoning Area; and
WHEREAS the Marana Planning Commission held a public hearing on November 12,
2014 and voted 6 -0 to recommend that the Town Council approve this Rezoning and its
associated General Plan Amendment, and to recommend that the Town Council approve the
Lazy K Bar Development Agreement, subject to the recommended conditions plus one
additional condition to the development agreement; and
WHEREAS The Marana Mayor and Town Council finds that the Lazy K Bar Ranch
Development Agreement, depicted as Exhibit "B" attached to and incorporated in this ordinance
by this reference, is consistent with the Marana General Plan with the proposed amendment,
applicable specific plans, and relevant Town policies; and
WHEREAS the Marana Mayor and Town Council finds that this Rezoning, its associated
General Plan Amendment, and the Lazy K Bar Ranch Development Agreement are in the best
interest of the Town and its citizens and should be approved.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of
Marana, Arizona, as follows:
Ordinance No. 2015.001 - 1 - 12/8/2014 2:35 PM BV /FC
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Section 1. The zoning of the Rezoning Area is hereby changed from `RR' Resort and
Recreation to `F' Specific Pan, creating the Lazy K Bar Ranch Specific Plan, attached to and
incorporated in this Ordinance by this reference.
Section 2. A minor amendment to the General Plan is hereby approved, changing the
land use plan category for the Rezoning Area from Rural Density Residential (RDR) to Master
Planning Area (MPA).
Section 3. The Lazy K Bar Ranch Development Agreement is hereby approved in the
form attached to and incorporated by this reference in this Ordinance as Exhibit B, and the
Mayor is hereby authorized and directed to execute it for and on behalf of the Town of Marana.
Section 4. This Rezoning is sub j ect 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), and which shall be binding on the
Property Owners, the applicant, and their successors in interest (all of whom are collectively
included in the term "Property Owners" in the following 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 Property Owners shall dedicate the right -of -way for and design and construct the
Scenic Drive improvements in accordance with the Lazy K Bar Ranch Development
Agreement.
3. When there is a public trail easement on the adjacent property located west of the Lazy K
Bar Ranch Specific Plan area, the Property Owners shall grant to the Town an easement
for the construction and maintenance of a public trail accessible by the general public
through the Lazy K Bar Ranch Property. The general alignment of the trail is delineated
in the specific plan and detailed in the Lazy K Bar Ranch Development Agreement.
4. A drainage report must be submitted by the Property Owners and accepted by the Town
Engineer prior to Town approval of the preliminary plat.
5. The final design of all streets and circulation facilities, including the gated access and
emergency access, must be accepted by the Northwest Fire District prior to Town
Council consideration of the final plat.
6. The maximum number of residential lots within the Rezoning Area shall not exceed 178.
7. All lots within the Rezoning Area shall be limited to one -story construction.
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 property 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
Ordinance No. 2015.001 -2- 12/8/2014 2:35 PM BV /FC
Marana Council Meeting 01/06/2015 Page 87 of 262
to determine any action necessary to assure compliance with applicable laws and
regulations.
9. The Rezoning Area is within the intended water service area of the Town of Marana.
Prior to approval of the preliminary plat, the Property Owners shall submit a Water
Infrastructure and Phasing Plan (WIP), identifying water use, fire flow requirements, and
all major on -site and off -site water facilities needed to serve the development, including
but not limited to, well source, reservoir, and booster station infrastructure. This plan will
be the basis for a Water Service Agreement to serve the Rezoning Area.
10. The Property Owners 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 the Property Owners
shall arrive at an agreeable solution to the use of those water rights appurtenant to the
affected portion of the Rezoning Area.
11. A sewer service agreement and master sewer plan shall be submitted by the Property
Owners and accepted by the wastewater provider prior to the approval of any final plat or
development plan for the Rezoning Area.
12. If federal permits shall be required for the development of the Rezoning Area, the
Property Owners 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.
13. A 100% desert tortoise survey shall be completed by a qualified biologist at the Property
Owners' expense and approved by the Town prior to the issuance of any grading permits
in the Rezoning Area. Any Sonoran Desert tortoises found on the Rezoning Area shall be
relocated at the Property Owners' expense.
14. Subdivision plats for the Rezoning Area shall be in substantial conformance with the
Land Use Concept Plan set forth in the Lazy K Bar Ranch Specific Plan.
15. The Property Owners shall submit an annual report within 30 days of the anniversary of
the Town Council's approval of the Lazy K Bar Ranch Specific Plan in accordance with
the requirements defined in the Land Development Code.
16. Within 60 days after the adoption of this ordinance, the Property Owners shall provide
the Marana Planning Department with twelve bound copies, and one electronic copy (in
Microsoft Word format) of the Lazy K Bar Ranch Specific Plan, and an electronic copy
(jpeg or other suitable format) of the requested graphics of the Lazy K Bar Ranch
Specific Plan.
Section 5. 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.
Ordinance No. 2015.001 -3- 12/8/2014 2:35 PM BV /FC
Marana Council Meeting 01/06/2015 Page 88 of 262
Section 6. If any section, subsection, sentence, clause, phrase or portion of this ordinance
is for any reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 6 th day of January, 2015.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Ordinance No. 2015.001 -4- 12/8/2014 2:35 PM BV /FC
Marana Council Meeting 01/06/2015 Page 89 of 262
No. 475 -- 5536523
EXHIBIT "A"
PARCEL NO. 1:
THAT PORTION OF THE WEST HALF OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 12 EAST OF THE
GILA AND SALT RIVER BASE AND MERIDIAN, PIMA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER OF SAID SECTION 29, FROM SAID POINT THE NORTH QUARTER
CORNER OF SAID SECTION 29 BEARS NORTH 00 DEGREES 05 MINUTES 54 SECONDS WEST, A
DISTANCE OF 2643.15 FEET;
THENCE SOUTH 89 DEGREES 53 MINUTES 59 SECONDS WEST, A DISTANCE OF 30.00 FEET;
THENCE SOUTH 89 DEGREES 53 MINUTES 52 SECONDS WEST, 113.27 FEET TO A POINT OF
CURVATURE OF A TANGENT CURVE, CONCAVE TO THE NORTH;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 3713.24
FEET, WITH A CHORD OF NORTH 88 DEGREES 37 MINUTES 04 SECONDS A DISTANCE OF 192.40 FEET,
AND A CENTRAL ANGLE OF 02 DEGREES 58 MINUTES 09 SECONDS FOR AN ARC DISTANCE OF 192.42
FEET TO THE POINT OF BEGINNING ON THE ARC OF A NON TANGENT CURVE CONCAVE TO THE
NORTHWEST, A RADIAL LINE OF SAID CURVE THROUGH SAID POINT HAVING A BEARING OF SOUTH
85 DEGREES 10 MINUTES 56 SECONDS EAST;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A RADIUS OF
189.43 FEET, WITH A CHORD OF SOUTH 31 DEGREES 58 MINUTES 04 SECONDS WEST, 172.88 FEET,
AND A CENTRAL ANGLE OF 54 DEGREES 18 MINUTES 00 SECONDS FOR AN ARC DISTANCE OF 179.53
FEET TO A POINT OF REVERSE CURVATURE OF A TANGENT CURVE, CONCAVE TO THE EAST;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, HAVING A RADIUS OF 371.52
FEET, WITH A CHORD OF SOUTH 20 DEGREES 43 MINUTES 32 SECONDS WEST, A DISTANCE OF 461.45
FEET, AND A CENTRAL ANGLE OF 76 DEGREES 47 MINUTES 03 SECONDS FOR AN ARC DISTANCE OF
497.88 FEET TO A NON - TANGENT LINE;
THENCE SOUTH 84 DEGREES 03 MINUTES 26 SECONDS (NEST, A DISTANCE OF 311.38 FEET;
THENCE NORTH 84 DEGREES 34 MINUTES 37 SECONDS WEST, A DISTANCE OF 315.23 FEET;
THENCE SOUTH 21 DEGREES 59 MINUTES 56 SECONDS WEST, A DISTANCE OF 369.74 FEET;
THENCE SOUTH 10 DEGREES 56 MINUTES 46 SECONDS EAST, A DISTANCE OF 393.95 FEET TO THE
SOUTH LINE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 29;
THENCE SOUTH 89 DEGREES 58 MINUTES 25 SECONDS WEST, ALONG SAID SOUTH LINE, A DISTANCE
OF 731.21 FEET;
THENCE NORTH 09 DEGREES 26 MINUTES 54 SECONDS EAST, A DISTANCE OF 459.19 FEET TO A
POINT ON THE ARC OF A NON- TANGENT CURVE, CONCAVE TO THE NORTHEAST, A RADIAL LINE OF
SAID CURVE THROUGH SAID POINT HAVING A BEARING OF SOUTH 09 DEGREES 11 MINUTES 45
SECONDS EAST;
THENCE WESTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A
RADIUS OF 150.00 FEET, WITH A CHORD OF NORTH 44 DEGREES 35 MINUTES 38 SECONDS NEST, A
DISTANCE OF 244.54 FEET, AND A CENTRAL ANGLE OF 109 DEGREES 12 MINUTES 15 SECONDS FOR
AN ARC DISTANCE OF 285.90 FEET TO A POINT OF TANGENCY;
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No. 475 - 5536523
THENCE NORTH 18 DEGREES BB MINUTES 29 SECONDS EAST, A DISTANCE OF 138.16 FEET TO A
POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE WEST;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, HAVING A RADIUS OF 565.13
FEET, WITH A CHORD OF NORTH 01 DEGREES 22 MINUTES 33 SECONDS EAST, A DISTANCE OF 169.64
FEET, AND A CENTRAL ANGLE OF 17 DEGREES 15 MINUTES 52 SECONDS FOR AN ARC DISTANCE OF
174.29 FEET TO A NON - TANGENT LINE;
THENCE SOUTH 69 DEGREES 34 MINUTES 46 SECONDS EAST, A DISTANCE OF 388.00 FEET;
THENCE NORTH 44 DEGREES 35 MINUTES 41 SECONDS EAST, A DISTANCE OF 236.71 FEET;
THENCE NORTH 15 DEGREES 44 MINUTES 50 SECONDS EAST, A DISTANCE OF 352.34 FEET;
THENCE SOUTH 74 DEGREES 15 MINUTES 10 SECONDS EAST, A DISTANCE OF 113.22 FEET TO A
POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTH;
THENCE EASTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, HAVING A RADIUS OF 311.26 FEET,
WITH A CHORD OF NORTH 88 DEGREES 17 MINUTES 59 SECONDS EAST, A DISTANCE OF 186.65 FEET,
AND A CENTRAL ANGLE OF 34 DEGREES 53 MINUTES 43 SECONDS FOR AN ARC DISTANCE OF 189.57
FEET TO A POINT OF REVERSE CURVATURE OF A TANGENT CURVE CONCAVE TO THE SOUTH;
THENCE EASTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A RADIUS OF 1157.33
FEET, WITH A CHORD OF NORTH 83 DEGREES 11 MINUTES 23 SECONDS EAST, A DISTANCE OF 494.57
FEET, AND A CENTRAL ANGLE OF 24 DEGREES 40 MINUTES 30 SECONDS FOR AN ARC DISTANCE OF
498.42 FEET TO A POINT OF TANGENCY;
THENCE SOUTH 84 DEGREES 28 MINUTES 22 SECONDS EAST, A DISTANCE OF 158.24 FEET TO A
POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTH;
THENCE EASTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, HAVING A RADIUS OF 3713.20
FEET, WITH A CHORD OF 85 DEGREES 48 MINUTES 11 SECONDS EAST, A DISTANCE OF 172.39 FEET,
AND A CENTRAL ANGLE OF 02 DEGREES 39 MINUTES 37 SECONDS FOR AN ARC DISTANCE OF 172.41
FEET TO THE POINT OF BEGINNING.
Pa RCEL NO, 2
AN EASEMENT FOR INGRESS AND EGRESS OVER THE FOLLOWING DESCRIBED PROPERTY.
THAT PORTION OF THE WEST HALF OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 12 EAST, OF THE
GILA AND SALT RIVER BASE AND MERIDIAN, PIMA COUNTY, ARIZONA, BEING A STRIP OF LAND 50.00
FEET WIDE LYING 25.00 FEET ONE EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE CENTER OF SAID SECTION 29, FROM SAID POINT THE NORTH QUARTER
CORNER OF SAID SECTION 29 BEARS NORTH 00 DEGREES 05 MINUTES 54 SECONDS WEST 2,643.15
FEET;
THENCE SOUTH 89 DEGREES 53 MINUTES 59 SECONDS WEST 30.00 FEET TO THE POINT OF
BEGINNING;
THENCE SOUTH 89 DEGREES 53 MINUTES 52 SECONDS WEST 113.27 FEET TO A POINT OF
CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTH;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A RADIUS OF 3 1 713.20
FEET, WITH A CHORD OF NORTH 88 DEGREES 37 MINUTES 04 SECONDS WEST 192.40 FEET, AND A
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No. 475 - 5536523
CENTRAL ANGLE OF 02 DEGREES 58 MINUTES 09 SECONDS FOR AN ARC DISTANCE OF 192.42 FEET TO
A POINT OF COMPOUND CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTH, SAID POINT
BEING KNOWN AS "POINT 2094 ";
THENCE CONTINUE WESTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A RADIUS OF
3,713.20 FEET, WITH A CHORD OF NORTH 85 DEGREES 48 MINUTES 11 SECONDS WEST 172.39 FEET,
AND A CENTRAL ANGLE OF 02 DEGREES 39 MINUTES 37 SECONDS FOR AN ARC DISTANCE OF 172.41
FEET TO A POINT OF TANGENCY;
THENCE NORTH 84 DEGREES 28 MINUTES 22 SECONDS (NEST 158.24 FEET TO A POINT OF
CURVATURE OF A TANGENT CURVE CONCAVE TO THE SOUTH;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, HAVING A RADIUS OF 1
FEET, WITH A CHORD OF SOUTH 83 DEGREES 11 MINUTES 23 SECONDS WEST 494.57 FEET, AND A
CENTRAL ANGLE OF 24 DEGREES 40 MINUTES 30 SECONDS FOR AN ARC DISTANCE OF 498.42 FEET TO
A POINT OF REVERSE CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTH;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A RADIUS OF 311.26
FEET, WITH A CHORD OF SOUTH 88 DEGREES 17 MINUTES 59 SECONDS WEST 186.65 FEET, AND A
CENTRAL ANGLE OF 34 DEGREES 53 MINUTES 43 SECONDS FOR AN ARC DISTANCE OF 189.57 FEET TO
A POINT OF TANGENCY;
THENCE NORTH 74 DEGREES 15 MINUTES 10 SECONDS WEST 227.65 FEET TO A POINT OF
CURVATURE OF A TANGENT CURVE CONCAVE TO THE SOUTH;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, HAVING A RADIUS OF 590.48
FEET, WITH A CHORD OF NORTH 81 DEGREES 58 MINUTES 25 SECONDS WEST 158.55 FEET, AND A
CENTRAL ANGLE OF 15 DEGREES 26 MINUTES 29 SECONDS FOR AN ARC DISTANCE OF 159.03 FEET TO
A POINT OF TANGENCY;
THENCE NORTH 89 DEGREES 41 MINUTES 39 SECONDS WEST 109.07 FEET TO A POINT OF
CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTH;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A RADIUS OF 330.00
FEET, WITH A CHORD OF NORTH 81 DEGREES 53 MINUTES 15 SECONDS VILEST 89.65 FEET, AND A
CENTRAL ANGLE OF 15 DEGREES 36 MINUTES 48 SECONDS FOR AN ARC DISTANCE OF 89.93 FEET TO
A POINT ON THE ARC OF A NON- TANGENT CURVE CONCAVE TO THE NORTHWEST, A RADIAL LINE OF
SAID CURVE THROUGH SAID POINT HAVING A BEARING OF SOUTH 73 DEGREES 52 MINUTES 07
SECONDS EAST;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A RADIUS OF
200.40 FEET, WITH A CHORD OF SOUTH 31 DEGREES 15 MINUTES 47 SECONDS VILEST 104.42 FEET,
AND A CENTRAL ANGLE OF 30 DEGREES 15 MINUTES 49 SECONDS FOR AN ARC DISTANCE OF 145.64
FEET TO A POINT OF TANGENCY;
THENCE SOUTH 46 DEGREES 23 MINUTES 42 SECONDS (NEST 113.76 FEET TO A POINT OF
CURVATURE OF A TANGENT CURVE CONCAVE TO THE EAST;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, HAVING A RADIUS OF 142.30
FEET, WITH A CHORD OF SOUTH 19 DEGREES 34 MINUTES 09 SECONDS WEST 128.43 FEET, AND A
CENTRAL ANGLE OF 53 DEGREES 39 MINUTES 05 SECONDS FOR AN ARC DISTANCE OF 133.25 FEET TO
A POINT OF TANGENCY;
THENCE SOUTH 07 DEGREES 15 MINUTES 23 SECONDS EAST 151.24 FEET TO A POINT OF CURVATURE
OF A TANGENT CURVE CONCAVE TO THE WEST;
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THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A RADIUS OF 565.13
FEET, WITH A CHORD OF SOUTH 01 DEGREES 22 MINUTES 33 SECONDS WEST 169.64 FEET, AND A
CENTRAL ANGLE OF 17 DEGREES 15 MINUTES 52 SECONDS FOR AN ARC DISTANCE OF 170.29 FEET TO
A POINT OF TANGENCY;
THENCE SOUTH 10 DEGREES 00 MINUTES 29 SECONDS WEST 138.16 FEET TO A POINT OF
CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTHEAST;
THENCE SOUTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, HAVING A
RADIUS OF 150.00 FEET, WITH A CHORD OF SOUTH 44 DEGREES 35 MINUTES 38 SECONDS EAST
244.54 FEET, AND A CENTRAL ANGLE OF 109 DEGREES 12 MINUTES 15 SECONDS FOR AN ARC
DISTANCE OF 285.90 FEET TO THE POINT OF TERMINATION ON A NON- TANGENT LINE;
THE SIDELINES OF SAID STRIP OF LAND TO BE SHORTENED OR EXTENDED TO MEET AT ANGLE
POINTS;
TOGETHER WITH A STRIP OF LAND 50.00 FEET WIDE LYING 25.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE;
BEGINNING AT SAID "POINT 2094 ", SAID POINT BEING ON THE ARC OF A NON- TANGENT CURVE
CONCAVE TO THE NORTHEAST, A RADIAL LINE OF SAID CURVE THROUGH SAID POINT HAVING A
BEARING OF SOUTH 85 DEGREES 10 MINUTES 56 SECONDS EAST;
THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A RADIUS OF
189.43 FEET, WITH A CHORD OF SOUTH 31 DEGREES 58 MINUTES 04 SECONDS WEST 172.88 FEET,
AND A CENTRAL ANGLE OF 54 DEGREES 18 MINUTES 00 SECONDS FOR AN ARC DISTANCE OF 179.53
FEET TO A POINT OF REVERSE CURVATURE OF A TANGENT CURVE CONCAVE TO THE EAST;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, HAVING A RADIUS OF 371.52
FEET, WITH A CHORD OF SOUTH 20 DEGREES 43 MINUTES 32 SECONDS (NEST 461.45 FEET, AND A
CENTRAL ANGLE OF 76 DEGREES 47 MINUTES 03 SECONDS FOR AN ARC DISTANCE OF 447.88 FEET TO
THE POINT OF TERMINATION ON A NON- TANGENT LINE;
THE SIDELINES OF SAID STRIP OF LAND TO BE SHORTENED OR EXTENDED TO MEET AT ANGLE
POINTS.
PARCEL n!O. 3:
THAT PORTION OF THE WEST HALF OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 12 EAST, OF THE
GILA AND SALT RIVER BASE AND MERIDIAN, PIMA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER OF SAID SECTION 29, FROM SAID POINT THE NORTH QUARTER
CORNER OF SAID SECTION 29 BEARS NORTH 00 DEGREES 05 MINUTES 54 SECONDS WEST, A
DISTANCE OF 2,643.15 FEET;
THENCE SOUTH 89 DEGREES 53 MINUTES 59 SECONDS (NEST, 30.00 FEET TO THE POINT OF
BEGINNING ON A LINE 30.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 29;
THENCE SOUTH 00 DEGREES 06 MINUTES 08 SECONDS EAST, ALONG SAID PARALLEL LINE, A
DISTANCE OF 1305.29 FEET TO THE SOUTH LINE OF THE NORTH HALF OF THE SOUTHWEST QUARTER
OF SAID SECTION 29;
THENCE SOUTH 89 DEGREES 58 MINUTES 25 SECONDS TEST, ALONG SAID SOUTH LINE, A DISTANCE
OF 1,250.00 FEET;
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No. 475 - 5536523
THENCE NORTH 16 DEGREES 56 MINUTES 46 SECONDS WEST, A DISTANCE OF 393.95 FEET;
THENCE NORTH 21 DEGREES 59 MINUTES 56 SECONDS EAST, A DISTANCE OF 369.74 FEET;
THENCE SOUTH 84 DEGREES 34 MINUTES 37 SECONDS EAST, A DISTANCE OF 315.23 FEET;
THENCE NORTH 84 DEGREES 03 MINUTES 26 SECONDS EAST, A DISTANCE OF 311.38 FEET TO A
POINT ON THE ARC OF A NON - TANGENT CURVE CONCAVE TO THE EAST, A RADIAL LINE OF SAID
CURVE THROUGH SAID POINT HAVING A BEARING OF SOUTH 72 DEGREES 20 MINUTES 01 SECONDS
WEST;
THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A RADIUS OF 371.52
FEET, WITH A CHORD OF NORTH 20 DEGREES 43 MINUTES 32 SECONDS EAST, A DISTANCE OF 461.45
FEET, AND A CENTRAL ANGLE OF 76 DEGREES 47 MINUTES 03 SECONDS FOR AN ARC DISTANCE OF
497.88 FEET TO A POINT OF REVERSE CURVATURE OF A TANGENT CURVE CONCAVE TO THE
NORTHWEST;
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, HAVING A RADIUS OF
189.43 FEET, WITH A CHORD OF NORTH 31 DEGREES 58 MINUTES 04 SECONDS EAST, A DISTANCE OF
172.88 FEET AND A CENTRAL ANGLE OF 54 DEGREES 18 MINUTES 00 SECONDS FOR AN ARC DISTANCE
OF 179.53 FEET TO A POINT ON THE ARC OF A NON- TANGENT CURVE CONCAVE TO THE NORTH, A
RADIAL LINE OF SAID CURVE THROUGH SAID POINT HAVING A BEARING OF SOUTH 02 DEGREES 52
MINUTES 01 SECONDS WEST;
THENCE EASTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, HAVING A RADIUS OF 3
FEET, WITH A CHORD OF SOUTH 88 DEGREES 37 MINUTES 04 SECONDS EAST, A DISTANCE OF 192.40
FEET AND A CENTRAL ANGLE OF 02 DEGREES 58 MINUTES 09 SECONDS FOR AND ARC DISTANCE OF
192.42 FEET TO A POINT OF TANGENCY;
THENCE NORTH 89 DEGREES 53 MINUTES 52 SECONDS EAST, A DISTANCE OF 113.27 FEET TO THE
POINT OF BEGINNING.
EXCEPTING THEREFROM, THAT PORTION OF SAID LAND AS CONVEYED TO THE TOWN OF MARANA IN
GIFT DEED RECORDED AS DOCKET 13126, PAGE 490, RECORDS OF PIMA COUNTY, ARIZONA.
ALSO EXCEPTING THEREFROM, THAT PORTION OF SAID LAND LYING WITHIN AND SOUTHERLY OF
THE NORTH LINE, OF THE PARCEL OF LAND CONVEYED TO RANCHO MANANA WEST, LLC, AN ARIZONA
LIMITED LIABILITY COMPANY IN SPECIAL WARRANTY DEED RECORDED AS DOCKET 13044, PAGE 3720,
RECORDS OF PIMA COUNTY, ARIZONA. SAID NORTH LINE TO BE EXTENDED OR SHORTENED AT TO
TERMINATE ON THE WESTERLY AND EASTERLY BOUNDARY LINES OF SAID LAND ABOVE DESCRIBED.
TOGETHER WITH THAT PORTION OF ABANDONED SCENIC DRIVE CONTIGUOUS TO THE EAST LINE OF
THE ABOVE DESCRIBED PROPERTY, AS SET FORTH IN DEED OF ABANDONMENT FROM THE TOWN OF
MARANA RECORDED AS DOCKET 12413, PAGE 3547, RECORDS OF PIMA COUNTY, ARIZONA.
PARCEL NO. 4:
THAT PORTION OF THE WEST HALF OF SECTION 29, TOWNSHIP 12 SOUTH, RANGE 12 EAST OF THE
GILA AND SALT RIVER BASE AND MERIDIAN, PIMA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS;
COMMENCING AT THE CENTER OF SAID SECTION 29, FROM SAID POINT THE NORTH QUARTER
CORNER OF SAID SECTION 29 BEARS NORTH 00 DEGREES 05 MINUTES 54 SECONDS WEST, A
DISTANCE OF 2,643.15 FEET;
THENCE SOUTH 89 DEGREES 53 MINUTES 59 SECONDS WEST, A DISTANCE OF 30.00 FEET TO THE
POINT OF BEGINNING;
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No. 475 -5 53 6523
THENCE SOUTH 89 DEGREES 53 MINUTES 52 SECONDS WEST, A DISTANCE OF 113.27 FEET TO A
POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTH;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A RADIUS OF 3
FEET, WITH A CHORD OF NORTH 87 DEGREES 17 MINUTES 15 SECONDS WEST, A DISTANCE OF 364.68
FEET AND A CENTRAL ANGLE OF 05 DEGREES 37 MINUTES 46 SECONDS FOR AN ARC DISTANCE OF
364.83 FEET TO A POINT OF TANGENCY;
THENCE NORTH 84 DEGREES 28 MINUTES 22 SECONDS WEST, A DISTANCE OF 158.24 FEET TO A
POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE SOUTH;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, HAVING A RADIUS OF 1
FEET, WITH A CHORD OF SOUTH 83 DEGREES 11 MINUTES 23 SECONDS WEST, A DISTANCE OF 494.57
FEET AND A CENTRAL ANGLE OF 24 DEGREES 40 MINUTES 30 SECONDS FOR AN ARC DISTANCE OF
498.42 FEET TO A POINT OF REVERSE CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTH;
THENCE WESTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A RADIUS OF 311.26
FEET, WITH A CHORD OF SOUTH 88 DEGREES 17 MINUTES 59 SECONDS WEST, A DISTANCE OF 186.65
FEET, AND A CENTRAL ANGLE OF 34 DEGREES 53 MINUTES 43 SECONDS FOR AN ARC DISTANCE OF
189.57 FEET TO A POINT OF TANGENCY;
THENCE NORTH 74 DEGREES 15 MINUTES 10 SECONDS WEST, A DISTANCE OF 113.22 FEET;
THENCE SOUTH 15 DEGREES 44 MINUTES 50 SECONDS WEST, A DISTANCE OF 352.34 FEET;
THENCE SOUTH 44 DEGREES 35 MINUTES 41 SECONDS WEST, A DISTANCE OF 236.71 FEET;
THENCE NORTH 69 DEGREES 34 MINUTES 40 SECONDS NEST, A DISTANCE OF 388.00 FEET TO A
POINT ON THE ARC OF A NON- TANGENT CURVE CONCAVE TO THE WEST, A RADIAL LINE OF SAID
CURVE THROUGH SAID POINT HAVING A BEARING OF NORTH 82 DECREES 44 MINUTES 37 SECONDS
EAST;
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A RADIUS OF 565.13
FEET, WITH A CHORD OF SOUTH 01 DEGREES 22 MINUTES 33 SECONDS WEST, A DISTANCE OF 169.64
FEET, AND A CENTRAL ANGLE OF 17 DEGREES 15 MINUTES 52 SECONDS FOR AN ARC DISTANCE OF
170 7A FEET TO A Df1TKIT nrZ TA Alr'Pnl!''V-
ir v.t✓ . v WAI'v 1 vl 1ll1YJLIYL. 1,
THENCE SOUTH 10 DEGREES 00 MINUTES 29 SECONDS WEST, A DISTANCE OF 138.16 FEET TO A
POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTHEAST;
THENCE SOUTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS
OF 150.00 FEET, WITH A CHORD OF SOUTH 44 DEGREES 35 MINUTES 38 SECONDS EAST, A DISTANCE
OF 244.54 FEET, AND A CENTRAL ANGLE OF 109 DEGREES 12 MINUTES 15 SECONDS FOR AN ARC
DISTANCE OF 285.90 FEET TO A NON- TANGENT LINE;
THENCE SOUTH 09 DEGREES 26 MINUTES 54 SECONDS (NEST, A DISTANCE OF 459.19 FEET TO THE
SOUTH LINE OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SAID SEM 2q;
THENCE SOUTH 89 DEGREES 58 MINUTES 25 SECONDS WEST, ALONG SAID SOUTH LINE, A DISTANCE
OF 630.64 FEET TO THE WEST LINE OF SAID SOUTHWEST QUARTER;
THENCE NORTH 00 DEGREES 04 MINUTES 13 SECONDS WEST, ALONG SAID WEST LINE, A DISTANCE
OF 1,308.33 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 29;
THENCE NORTH 00 DEGREES 04 MINUTES 23 SECONDS WEST, ALONG THE WEST LINE OF THE
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NORTHWEST QUARTER OF SAID SECTION 29, A DISTANCE OF 1,317.92 FEET TO THE NORTH LINE OF
THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 29;
THENCE NORTH 89 DEGREES 57 MINUTES 34 SECONDS EAST, ALONG SAID NORTH LINE, A DISTANCE
OF 2,618.54 FEET TO A LINE 38.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID
NORTHWEST QUARTER;
THENCE SOUTH 00 DEGREES 05 MINUTES 54 SECONDS EAST, ALONG SAID PARALLEL LINE, A
DISTANCE OF 1,321.61 FEET TO THE POINT OF BEGINNING.
TOGETHER WITH THAT PORTION OF ABANDONED SCENIC DRIVE AS SET FORTH IN DEED OF
ABANDONMENT FROM THE TOWN OF MARANA RECORDED AS DOCKET 12413, PAGE 3547, RECORDS
OF PIMA COUNTY, ARIZONA.
EXCEPTING THEREFROM, THAT PORTION OF SAID LAND AS CONVEYED TO THE TOWN OF MARANA IN
GIFT DEED RECORDED AS DOCKET 13126, PAGE 490, RECORDS OF PIMA COUNTY, ARIZONA.
Marana Council Meeting 01/06/2015 Page 96 of 262
WHEN RECORDED, RETURN TO:
Marana Town Clerk
11555 West Civic Center Drive
Marana, Arizona 85653
LAZY K BAR RANCH DEVELOPMENT AGREEMENT
TOWN OF MARANA,, ARIZONA
THIS DEVELOPMENT AGREEMENT (this "Agreement ") is made and entered into by and
between the TOWN OF MARANA, an Arizona municipal corporation (the "Town "), and
LKB RANCH, LLC, an Arizona limited liability company ("TKB Ranch" LKB HOTEL,
LLC, an Arizona limited liability company ( "LKB Hotel "), and LKB RETAINED LAND,
LLC (""LKBRL"), an Arizona limited liability company. LKB Ranch, LKB Hotel, and
LKBRL are collectively referred to as the "Owner." The Town and the Owner are
sometimes collectively referred to as the "Parties," either one of which is sometimes
individually referred to as a "Party."
RECITALS
A. LKB Ranch is the current owner of a parcel of land bearing Pima County
Assessor's parcel number 221- 22 -013E and referred to in this Agreement as the "Ranch
Parcel," described as Parcels 2, 5, 6, and 7 in Exhibit A to this Agreement. LKB Hotel is
the current owner of a parcel of land bearing Pima County Assessor's parcel number
221- 22 -013B and referred to in this Agreement as the "Hotel Parcel," described as
Parcel 1 in Exhibit A to this Agreement. LKBRL is the current owner of parcels of land
bearing Pima County Assessor's parcel numbers 221- 22 -013F and 221- 22 -013G and
referred to in this Agreement together as the "LKBRL Parcel," described as Parcel 3 in
Exhibit A to this Agreement. The Ranch Parcel, the Hotel Parcel and the LKBRL Parcel
are referred to in this Agreement collectively as the "Owner's Land." The Owner's Land
is located west of the Scenic Drive alignment and its intersection with Pima Farms
Road.
B. The Owner's Land is the Project Site depicted in the Lazy K Bar Ranch Specific
Plan adopted by Town of Marana Ordinance No. 2015.001.
C. The Parties anticipate that the Owner will develop the Owner's Land into a
project containing a residential subdivision containing 178 lots and other uses consistent
with the Lazy K Bar Ranch Specific Plan and this Agreement (the "'Development").
D. In connection with the Development, the Town has requested the Owner to
construct an extension of Scenic Drive on and off -site of Owner's Land from a point
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approximately 400 feet south of Silverbell Road to the intersection of Pima Farms Road,
as depicted on Exhibit B to this Agreement. The Owner is willing to dedicate a portion
of the Owner's Land (the "New Right -of -Way" legally described in Exhibit C to this
Agreement) and to construct the extension of Scenic Drive and related infrastructure
improvements on the terms and conditions set forth in this Agreement. The
improvements are referred to in this Agreement as the "Scenic Drive Improvements"
and are described in Exhibit D to this Agreement, which also includes additional terms
and conditions concerning the Scenic Drive Improvements.
E. The Development is in compliance with the Town's adopted and approved
General Plan (as defined in A.R.S. § 9 -461).
F. The Development is in compliance with the Lazy K Bar Ranch Specific Plan.
G. The Town is authorized by A.R.S. § 9- 500.05 to enter into a development
agreement with a landowner or other person or entity having an interest in real
property located within the Town to facilitate development of the property by
providing for, among other things, the conditions, terms, restrictions, and requirements
for development and public infrastructure and the financing of public infrastructure.
H. The Town has determined that the reopening of Scenic Drive is in the best
interest of the region and will enhance circulation for the broader community.
I. Reopening Scenic Drive will benefit the Development and enhance overall traffic
circulation within the area.
J. The Town entered into a Pre - Annexation and Development Agreement with LKB,
L.L.C., an Arizona limited liability company, recorded in the office of the Recorder of
Pima County, Arizona, on November 29, 2001, at Docket 11685, Page 3367 (the "2001
PADA ").
K. The land area covered by the 2001 PADA included all of the Owner's Land which
is the subject of this Agreement, plus some additional land not included in this
Agreement.
L. As it applies to the Owner's Land, the Parties intend to terminate, supersede, and
replace the 2001 PADA with this Agreement except as specifically provided in this
Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated
into this Agreement as though fully restated here, and the mutual covenants set forth in
this Agreement, the Parties hereby agree as follows:
1. Term. This Agreement shall become effective upon the later of its execution by all
the Parties and the effective date of the Town Council ordinance approving this
Agreement (the "Effective Date ") . The term of this Agreement shall begin on the
Effective Date and, unless sooner terminated by the mutual consent of the Parties, shall
automatically terminate and shall thereafter be void for all purposes on the 15th
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anniversary of the Effective Date. The Town's reimbursement obligations under
paragraph 10 below shall terminate when the Town has reimbursed the Owner for all of
the Town's Share of Public Improvement Costs or on the 15th anniversary of the
Effective Date, whichever occurs first.
2. Construction of Scenic Drive Improvements. As a condition of the Town's approval of
the Development, and not as a separate legal obligation, the Owner must substantially
complete construction of the Scenic Drive Improvements before seeking occupancy of
any structure authorized by the Lazy K Bar Ranch Specific Plan other than model
homes. Model home lots may not be sold until they have been released from
subdivision assurances.
3. Dedication of right -of -way; maintenance. The Owner shall dedicate the New Right -of-
Way to the Town upon completion of the Scenic Drive Improvements or as part of the
final plat for the Development, whichever occurs first. Once the Scenic Drive
Improvements are completed by the Owner and accepted by the Town, and the
warranty has expired, the Town shall have full maintenance responsibility for the
Scenic Drive Improvements. In exchange for and concurrently with the Owner's
dedication of the New Right-of-Way to the Town, the Town shall abandon to the Owner
pursuant to A.R.S. § 28 -7203 the portion of the cul -de -sac bulb of right -of -way near the
northeast corner of the Owner's Land that lies outside the 60 -foot public right-of-way,
as described and depicted in Exhibit E to this Agreement.
4. Definitions. The following definitions shall apply to this Agreement:
(A) "Construction Sales Tax Revenues" mean those portions of the Town's
transaction privilege taxes (currently 4 %) generated pursuant to Section 8 -415 or
8 -416 of the Marana Tax Code (or corresponding sections of successor codes) from
construction contracting or speculative builder activities occurring as part of the
Development (including but not limited to the construction of the Scenic Drive
Improvements).
(B) "Development" is defined in recital C above.
(C) "Development Regulations" is defined in paragraph 5 below.
(D) "Owner's Land" is defined in recital A above.
(E) "Public Improvement Costs" means all costs, expenses, fees, transaction
privilege taxes and charges actually incurred and paid by or on behalf of the Owner
to contractors, architects, engineers, surveyors, governmental agencies, other
professionals and consultants, and other third parties for materials, labor, planning,
design, engineering, surveying, site excavation and preparation, governmental
permits and payments, payment and performance bonds, other professional
services, and all other costs and expenses related or incidental to and reasonably
necessary for, the acquisition, improvement, construction, installation, or provision
of the Scenic Drive Improvements and warranting them for one year after
completion.
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(F) "Reimbursement Account" means a separate account within the Town's
General Fund or accounted for by an appropriate book or ledger entry designation
for the purpose of making Reimbursement Payments.
(G) "Reimbursement Payments" is defined in paragraph 10 below.
(H) "Scenic Drive Improvements" is defined in recital D above and described in
Exhibit D to this Agreement.
(I) "Town's Share of Public Improvement Costs" means 40% of all Public
Improvement Costs.
5. Development regulations. The Development shall be governed by the Lazy K Bar
Ranch Specific Plan. The Marana Land Development Code, including the written rules,
regulations, substantive procedures, and policies relating to development of land,
adopted or approved by the Mayor and Council (collectively the "Marana Development
Code ") in effect on the Effective Date shall apply to the extent not covered by the Lazy
K Bar Ranch Specific Plan or this Agreement. The requirements of this paragraph are
collectively referred to as the "Development Regulations." In the event of any express
conflict,
(A) The Lazy K Bar Ranch Specific Plan shall control over the terms of the
Marana Development Code on all matters;
(B) The Lazy K Bar Ranch Specific Plan and the Marana Development Code shall
control over the terms of this Agreement as to any zoning or other legislative matter;
and
(C) This Agreement shall control over the terms of the Lazy K Bar Ranch Specific
Plan and the Marana Development Code as to any administrative or procedural
matter.
6. Development review. The Development shall be developed in a manner consistent
with the Development Regulations and this Agreement, which together establish the
basic land uses, and the densities, intensities and development regulations that apply to
the land uses authorized for the Development. Upon the Owner's compliance with the
applicable development review and approval procedures and substantive requirements
of the Development Regulations, the Town agrees to issue such permits or approvals
for the Development as may be requested by the Owner.
7. Public improvements construction and reimbursement. As a condition precedent to
receiving Reimbursement Payments under paragraph 10 of this Agreement, and not as
a separate contractual obligation, the Owner shall, in conjunction with its construction
of the Development and in accordance with the State of Arizona and the Town public
infrastructure construction procurement laws and procedures:
(A) Design and construct the Scenic Drive Improvements; and
(B) Pay all Public Improvement Costs as they become due.
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8. Reimbursement amount. The Town shall make Reimbursement Payments to the
Owner for the Town's Share of Public Improvement Costs pursuant to paragraph 10
below. The Owner shall submit to the Town quarterly statements showing the actual
Public Improvement Costs incurred and paid to date for the Scenic Drive
Improvements. Quarterly statements shall be provided until the total amount of all
Reimbursement Payments to the Owner equals the Town's Share of Public
Improvement Costs, when the Owner shall provide a final statement to the Town
within 60 days. The Owner shall provide the Town with invoices or other backup
information reasonably requested by the Town to confirm the accuracy of the Owner's
quarterly statement of costs and contributions or credits.
9. Reimbursement account. The Town shall deposit the Construction Sales Tax
Revenues into the Reimbursement Account as they are received from the Arizona
Department of Revenue, beginning with the first such revenues generated from the
Development and ending upon the expiration of this Agreement. Funds in the
Reimbursement Account shall be reimbursed to the Owner pursuant to paragraph 10
below.
10. Reimbursement payments. The Town shall pay the Owner within the first 30 days
of each calendar quarter the lesser of (i) the Town's Share of Public Improvement Costs
and (ii) all funds in the Reimbursement Account (""Reimbursement Payments ") .
Reimbursement Payments shall begin the first calendar quarter after all of the following
have occurred: (a) the Owner has incurred Public Improvement Costs for the Scenic
Drive Improvements; (b) the Owner has submitted the first quarterly statement
pursuant to paragraph 8 above; and the Town has received Construction Sales Tax
Revenues generated by the Development. Any funds accrued in the Reimbursement
Account and owed to the Owner for the Town's Share of Public improvement Costs but
not yet disbursed to the Owner upon the expiration of this Agreement shall be paid to
the Owner within 30 days after the expiration of this Agreement.
11. Owner audit. Not more than once each calendar year, the Owner may, at its own
cost, audit Town sales tax returns and other appropriate financial records of the Town
to assure prompt and accurate deposit into the Reimbursement Account of all revenues
as required pursuant to this Agreement. The Owner audit authorized by this paragraph
shall be subject to all applicable laws that may prohibit or limit the dissemination or use
of transaction privilege tax and related information. Before the Owner audit occurs, the
Owner shall obtain and provide to the Town written waivers of confidentiality
sufficient to satisfy the requirements of Arizona Revised Statutes § 42-2003(A)(6) from
each taxpayer whose sales tax returns and other financial records are provided by the
Town in connection with the audit.
12. Annual report. Within 45 days following the end of each Town fiscal year, the
Town shall deliver to the Owner a report of all Construction Sales Tax Revenues
generated by or attributable to the Development which have been utilized by the Town
in determining the amount deposited into the Reimbursement Account. The report shall
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be restricted to information that may be released by the Town without violating
applicable laws that may prohibit or limit the dissemination or use of transaction
privilege tax and related information. The report will not contain information capable of
identifying confidential information of any particular taxpayer unless and until the
Owner has obtained and provided to the Town written waivers of confidentiality
sufficient to satisfy the requirements of Arizona Revised Statutes § 42-2003(A)(6) from
each taxpayer whose confidential information is revealed in the report.
13. Limitations. During the Term of this Agreement, the Town shall not enter into
any agreement or transaction which impairs the rights of the Owner under this
Agreement, including, without limitation, the right to receive the Reimbursement
Payments and the proceeds of the Reimbursement Account in accordance with the
procedures established in this Agreement.
14. Contractor and subcontractor disaggregation of tax information for the Development; re-
lease of tax information. The Owner shall require each contractor and subcontractor re-
sponsible for the payment of construction sales tax for work attributable to the Devel-
opment to separately report construction sales tax attributable to the Development. The
Owner shall exercise reasonable efforts to obtain from each contractor and subcontrac-
tor doing work attributable to the Development a consent to release of tax information
in a form reasonably acceptable to the Town. If the separate report required by this
paragraph is not provided to the Town, the Town shall make a reasonable estimate of
the Construction Sales Tax Revenues derived from the Development based on all in-
formation available to the Town, including information provided by the Owner, and the
good faith certification by the Town's Finance Director shall be considered final and
binding upon the Owner. The final certification of the Town's Finance Director shall be
subject to all applicable laws that may prohibit or limit the dissemination or use of
transaction privilege tax and related information.
15. Permit and review fee waiver. The Town will waive 40 % of all plan review fees and
inspection and construction permit fees for the Scenic Drive Improvements.
16. Town review and approval of plans. Except as expressly provided in this
Agreement, the development and construction of the Scenic Drive Improvements is
subject to the Town's normal plan submittal, review and approval procedures and
construction inspection requirements.
17. Development impact fees. Nothing in this Agreement shall be construed as a waiver
or reduction of development impact fees properly adopted by the Town pursuant to
A.R.S. § 9- 463.05 and applicable to the Development.
18. Public trail dedication. When there is a public trail easement on the adjacent
property located west of the Owner's Land that connects to the Owner's Land, the
Owner shall grant to the Town a permanent public trail easement in the designated
open space in close proximity to the north boundary of the Owner's Land, extending
from the east property boundary to the west property boundary of the Owner's Land.
This trail easement shall generally follow the existing trail alignment to the extent it is
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proximate to the northern boundary of the Owner's Land and complies with the design
goals set forth in this paragraph. The easement shall be the minimum width necessary
for the Town to construct and maintain a sustainable public trail, as reasonably
determined by the Town of Marana Parks and Recreation Department, but in any event
not wider than 30 feet (except by the Owner's consent) . To the greatest extent
reasonably possible, the grade and layout of the trail shall be designed so that water
generally runs across the tread rather than down the tread. Based on direction and
feedback provided by the Town of Marana Parks and Recreation Department, the
Owner shall identify and reserve the easement on the subdivision plat for the
Development. The trail easement shall be granted after the Town constructs the trail
and the constructed trail alignment is legally described to the Parties' satisfaction based
on survey or Global Positioning System equipment.
19. Effect on the 2001 PADA. This Agreement terminates, supersedes, and replaces
the 2001 PADA as it applies to the Owner's Land except as follows:
(A) The provisions of subparagraph 3.2, relating to the oversizing of Town public
water facilities, shall continue to apply to the Owner's Land.
(B) The Owner may continue to use the existing wells on the Owner's Land
referred to in Section 6 of the PADA for construction and irrigation water until
completion of the development of the Owner's Land.
20. Cooperation and alternative dispute resolution.
(A) Appointment of representatives. To further the commitment of the Parties to
cooperate in the progress of the Development, the Town and the Owner each shall
designate and appoint a representative to act as a liaison between the Town and its
various departments and the Owner. The initial representative for the Town (the
"Town Representative ") shall be the Town Manager, and the initial representative
for the Owner shall be James Shiner or a replacement to be selected by the Owner.
The representatives shall be available at all reasonable times to discuss and review
the performance of the Parties and the Development.
(B) Non - performance; remedies. If either Party does not perform under this
Agreement (the "Non- Performing Party ") with respect to any of that Party's
obligations under this Agreement, the other Party (the "Demanding Party ") shall be
entitled to give written notice in the manner prescribed in paragraph 21 below to the
Non - Performing Party, which notice shall state the nature of the non - performance
claimed and make demand that such non - performance be corrected. The Non-
Performing Party shall then have (i) 15 days from the date of the notice within which
to correct the non - performance if it can reasonably be corrected by the payment of
money, or (ii) 30 days from the date of the notice to cure the non - performance if
action other than the payment of money is reasonably required, or if the non -
monetary non - performance cannot reasonably be cured within 30 days, then such
longer period as may be reasonably required, provided and so long as the cure is
promptly commenced within 30 days and thereafter diligently prosecuted to
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completion. If any non - performance is not cured within the applicable time period
set forth in this paragraph, then the Demanding Party shall be entitled to begin the
mediation and arbitration proceedings set forth in this paragraph. The Parties agree
that due to the size, nature and scope of the Development, and due to the fact that it
may not be practical or possible to restore the property to its condition prior to
Owner's development and improvement work, once implementation of this
Agreement has begun, money damages and remedies at law will likely be
inadequate and that specific performance will likely be appropriate for the non-
performance of a covenant contained in this Agreement. This paragraph shall not
limit any contract or other rights, remedies, or causes of action that either Party may
have at law or in equity.
(C) Mediation. If there is a dispute under this Agreement which the Parties cannot
resolve between themselves, the Parties agree that there shall be a 45 -day
moratorium on arbitration during which time the Parties agree to attempt to settle
the dispute by nonbinding mediation before commencement of arbitration. The
mediation shall be held under the commercial mediation rules of the American
Arbitration Association. The matter in dispute shall be submitted to a mediator
mutually selected by the Owner and the Town. If the Parties cannot agree upon the
selection of a mediator within seven days, then within three days thereafter the
Town and the Owner shall request the presiding judge of the Superior Court in and
for the County of Pima, State of Arizona, to appoint an independent mediator. The
mediator selected shall have at least five years' experience in mediating or
arbitrating disputes relating to real estate development. The cost of any such
mediation shall be divided equally between the Town and the Owner. The results of
the mediation shall be nonbinding on the Parties, and any Party shall be free to
initiate arbitration after the moratorium.
(D) Arbitration. After mediation, as provided for in this paragraph 16, any
dispute, controversy, claim or cause of action arising out of or relating to this
Agreement shall be settled by submission of the matter by both Parties to binding
arbitration in accordance with the rules of the American Arbitration Association and
the Arizona Uniform Arbitration Act, A.R.S. § 12 -501 et seq., and judgment upon the
award rendered by the arbitrator(s) may be entered in a court having jurisdiction.
21. 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) sent by 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:
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If to the Town:
TOWN OF MARANA
11555 W. Civic Center Drive, Bldg. A3
Marana, Arizona 85653 -7006
Telephone: (520) 382 -1900
Fax: (520) 382 -1901
If to the OWNER:
LKB HOTEL, LLC
LKB RANCH, LLC
LKB RETAINED LAND, LLC
4224 East Playa de Coronado
Tucson, Arizona 85718
Attn: James Shiner
Telephone: (520) 907 -6436
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. Any party
may change its address for the receipt of notices at any time by giving written notice
thereof to the other parties in accordance with the terms of this section. The inability to
deliver notice because of a changed address of which no notice was given, or rejection
or other 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.
22. 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 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.
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(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
(i) upon the conveyance of all of the Owner's Land to a single grantee, the grantor
shall automatically be released from any further obligation or liability under this
Agreement and this Agreement shall thereafter bind the grantee; and (ii) in no event
shall this Agreement be binding on or burden the property of a purchaser of a home
in the Development.
(G) This Agreement is subject to A.R.S. § 38 -511, which provides for cancellation
of contracts in certain instances involving conflicts of interest.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the last
date set forth below their respective signatures.
THE ""TOWN"":
TOWN OF MARANA, an Arizona municipal
corporation
0
Ed Honea, Mayor
Date:
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
The OWNER ":
LKB RANCH, LLC, an Arizona limited
liability company
0
James Shiner, Manager
Date:
LKB HOTEL, LLC, an Arizona limited
liability company
James Shiner, Manager
Date:
LKB RETAINED LAND, LLC, an Arizona
limited liability company
James Shiner, Manager
Date:
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State of Arizona )
ss
County of Pima )
The foregoing instrument was acknowledged before me on by
James Shiner, Manager of LKB Ranch, LLC, LKB Hotel, LLC and LKB Retained Land,
LLC, each an Arizona limited liability company, on behalf of the LLCs.
(Seal)
Notary Public
LIST OF EXHIBITS
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
100039097.DOCX / 61
Legal Description of the "Owner's Land"
Depiction of Area of Extension of Scenic Drive and Typical Roadway
Sections
Legal Description of New Right -of -Way to be Dedicated to Town
Description of and Specifications for Scenic Drive Improvements
Legal Description and Depiction of Right -of -Way to be Abandoned by
the Town
LAZY K BAR RANCH DEVELOPMENT AGREEMENT
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EXHIBIT A
Legal Description of the "Owner's Land"
r first American rtlr. Commitment for Title Insurance
FIRST AMERICAN TITLE INSURANCE COMPANY
Exhibit A
F le N 7001710:
LEGAL DESCRIPTION
Parcel 1 [116tael Parc2o
That portion of the West Half (W '•:) of Section 29, Township 12 South, Range 12 East, Gila and Salt River
Meridian, Pima County, ALrttona, deecrlbed as follows:
Commencing at the Center of said Section 25, morn said point the North On"uarter (N ..:) corner of said
Section 29 bears North 00 degrees 05 ml n utea 54 seconds West, a distance of 2.643.15 feet=
Thence South 83 degrees 53 minutes 55 seconds 'l1 a distance of 30.00 feet
Thence South 89 degrees 53 minutes 52 seconds 'Fast_ 113.27 feet to a point of curvature of a tangent curve
concave to the Nom
Thence 'iNesterty Moog the arc of said curve, to the right, having a radius of 3.713.20 feet. w1th a chord of
North Be dognim 37 minutes 04 seconds vest 192.40 feet, and a central angle of 02 degrees 58 minutes 09
seconds for an arc distance of 192.42 toot to the POINT OF BEGINNING on the arc of a non - tangent curve
concave to the Northwest, a radial IIne of said curve through said point having a bearing of Sou1i 85 degrees
10 minutes 56 seconds East;
Thence Southywesterty along the arc of said curare, to the right, having a radius of 189.43 toot. 1Atth a chord of
South 31 degrees 58 minutes U seconds West 172.88 feet, and a central angle of 54 degrees 18 minutes 00
seconds for an arc distance of 179.53 feet to a point of reverse curvature of a tangent curve concave to the
East;
Thence Southerly along the arc of said curve, to the lent, having a radius of 371.52 feet, with a chord of South
20 degrees 421 minutes 32 seconds West 461.45 toot, and a central angle of 76 degrees 47 minutes 03 seconda
for an arc distance of 497.88 feet to a non - tangent line;
Thence South 84 degrees 03 minutes 26 seconds West a distance of 311.38 feet:
Thence North 84 degrees 34 minutes 37 8econd+e West, a distance of 315 -23 feet
Thence South 21 degrees 59 minutes 56 s - cande We-t. a distance of 369.74 feet;
Thence South 10 degrees 56 minutes 46 seconds East, a distance of 393.M foot to the South line of bw North
One -Half (N %) of the Southwest On"uarter (SW of said Section 29;
Thence South 89 degrees 58 minutes 25 seconds WesL along said South line, a distance of 731.21 ftet;
Thence North 05 degrees 26 minutes 54 seconds East_ 455.19 feet to a pint on the arc of a non - tangent curve
concave to the Northeast, a radial line of said curve through said point having a bearing of South 09 degrees
11 minutes 45 seconds East;
Thence W'eeterty and Northerly along the arc of said curve, to the rl ht, having a radius of 150.00 feet, with a
chord of North 44 d ree8 35 minutes 38 seconds Weet 241.54 fee and a central an le of 109 d rees 12
e9 9 e9
minutes 15 seconds for an arc distance of 285.90 feet to a point of tangency;
10- _A 4 _'1; Firs _! i_ al's -, _III
h ILA A
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Fie ti,. 70017104
Exhibit A
(Continued)
Thence North 10 degr"s 00 minutes 29 seconds East a distance of 138.16 feet to a point of curvature of a
tangent curve concave to the West.*
Thence Northerly along the arc of said curve, to the left, having a radius of 555.13 feet, with a chord of Norm
01 degrees 22 minutes 33 seconds East 1 G5-" 19K and a central angle of 17 degrees 15 ml n utes 52 seconds
for an arc distance of 170-29 feet to a non- tangent line,
Thence South 69 degrees 34 minutes 40 seconds East 388.00 feet
Thence North 44 degrees 35 minutes 41 seconds East 236.71 16et;
Thence North 15 dagree8 44 minutes 50 seconds East. 352.34169t;
Thence South 74 degrees 15 minutes 10 seconda East. 11322 feet to a point of curvature of a tangent curve
concave to the North=
Thence Easterly along the arc of said curve, to the left, having a radius of 311.26 feet, with 3 chord of North 88
degrees 17 minutes 59 seconds East 186.65 feet~ and 3 central angle of 34 degrees 53 minutes 43 seconds for
an arc distance of 189.57 feet to a point of reverse curvature of a tangent curve concave to the South:
Thence Easterly along the arc of saki curve, to the right, having a radius of 1,157.33 toot, with a chord of North
83 degrees 11 minutes 23 seconds East 494.57 feet, and a central angle of 24 degrees 40 minutes 30 seconds
for an arc distance of 498.42 feet to a print of tangency
Thence South 84 degrees 28 minutes 22 seconds East~ a distance of 158.24 toot *.o a point of curvature of a
tangent curve concave to the North:
Thence Easterty along the arc of said curve, to the left, having a radius of 3,71320 feet, with a chord of South
85 degrees 48 minutes 11 seconds 172.39 teat, and a central angle of 02 degrees 39 minutes 37 seconds for an
arc distance of 172.41 feet to the POINT OF BEGINNING:
(JV Arb 96)
PWCal 2
That por'lon of the West Hatt (6 '.:1 of Section 29. Township 12 South, Range 12 East. Gila and Salt Rigor
MerWlan, Plma County, A.rtzona. deecxlbed 38 toYOWS
Conwne at the Center of said Section 29, trorn said pant the North On"u.artor {N corner of said
Section 29 bears North 00 degrees 05 min utea 54 second$ West, a distance of 2.643.15 feet
Thence South 82 degrees 53 minutes 59 seeonas'A's -st. a distance o* 3a.0C toot to the POINT OF BEGINNING:
Thence South 89 degrees 53 minutes 52 seconds West. ' - 13.27 feet to a point of curvature of a tangent curve
concave to the North:
Thence Westerty along the arc of said curve. to the right, having a radlue of 3.713.20 feet, with a chord of
North 87 degrees 17 minutes 15 seconcle West 564.68 feet, and a een731 angle of 05 degrees 37 minutes 46
seconds for 3n arc: distance o* 3.04.83 feet to a point of tangency
Thence North 84 degrees. 28 minutes 22 seconds West 158.24 toot to a point of curvature of a toropM curve
concave to the South
F-xhb4 A
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Ele N61. - 70017104
Exhibit A
(Con lnued�
Thence Westerly along the arc of said curve, to the left, h3ving a radius of 1,157.33 feet, with a cholyd of South
83 degrees 11 m 23 seconds We 464.57 feet, and 3 central angle of 24 degrees 40 minutes 30 seconds
W an arc distance of 498.42 feet to a print of reverse curr3ture of a tangent curve concave to this North,
Thence Westerly along the arc of said curve, to the right, harv" a radius of 31125 feet~ w ith 3 chord of South
88 degrees 17 minutes 55 seconds Weet 185.65 feet, and a central angle of 34 degrees 53 minutes 43 seconds
for an arc distance of 189.57 feet to a print of tangency;
Thence North 74 C►grees 13 minutes 10 seconds West 113.22 feet=
Thence South 15 degrees 4d minutes 50 seconds West 3 52.34 feet:
Thence South 44 degrees 35 minutes 41 seeorxU West 236.71 feet:
Thence North s5 degrees 34 minutes 40 seconds West 388.00 feet to a point on the arc of a non - tangent curve
concave to the West_ a radial line of said curve through said point having a bearing of North 82 deg 44
minutes 37 seconds East:
Thence Southerly along the arc of said curve, to trw right, having a radius of 5465.13 feet. with a chord of South
01 degrees 22 m inutes 33 seconds West 169.64 feet, and a central angle of 17 degree8 ' 5 minutes 52 se -conds
for an arc distance of 17029 fleet to a point of tangency:
Thence South 10 degrees 00 minutes 25 seconds 'hest 138.16 test to 3 point of curvature of a tangent cures
concave to the Northeast;
Thence Southerly and Easterly along the arc of said curve, to the left. having a radius of 150.00 feet, with a
chord of South 44 degrees 35 minutes 38 seconds East. 244.54 feet, and a central angle of 105 degrees 12
minutes 15 seconds for an arc 08tance of 285.90 feet to a non - tangent line;
Th ncs South 05 degrees 26 minutes 54 seconds West 455.19 feet to the South line of the North Orb - Malt (N
of the Southwest One - Quarter (SW :y of said Section 25,
Thence South 89 degre" 58 minutes 25 seconds West, along said South line. a distance of 630.64 feet to the
West line of said Southwest O n"uarter (S 114):
Thence North 00 degrees 0l minutes 13 seconds 'east~ along said West line, a distance of 1,308.33 feet to the
West On"W rter corner of said Section 25;
Thence North 00 degrees 04 m 23 seconds 'Test, along the West one of the North One-Qw (NW
' of said Section 25, a distance of 1,317.52 feet to the North Nw of the South One-Half �S '�z� of the North
One - Quarter (NW ��:� of said Section 2 ,
Thence North 89 degrees 57 minutes 43 seconds East, along said North Nm, a distance of 2,00-54 Beet to a
line 30.00 feet West of and para with the East Ilr* Of said Northwest One -Quarter (NMI':);
Thence South Oft degrees 05 minutes 54 seconds East along said parallel line, a dstanee of 1,321.61 feet to
the POINT OF BEGINNING_
EXCEPTING THEREFROM that potion conveyed to this Torn of Mar3n3 in Deed recorded In Docket 12413 at
page 3583 and corrected In Docket 13126 at page 490, and being desc Abed as follows:
A portion of that parcel described In DoclKet 10965 at pap 3918 said portion being In On South M 3 tf of the
Northwest Quarter of said Section 29, as follows:
Fsxrri 5 =' 1 60r A i & •.00: P &Jd 6 -1 ALTA ;4�ffvyibmw o.6 -17-36 i
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Fie No.: - 7001710 ►
Exhibit A
(Continued)
Commencing at a brass cap su prey monument stain ped L_ S. 12122 at the center of said Section 29 from wn Ich
a % Inch re ba r with no tag 3! the North Quarter corner of sai Section 29 Iles North 00 degrees 05 minutes 54
seconds W a dis of 2G43.08 feet;
Thence North 0-0 degrees 05 minutes 54 seconds West, along the North -South midsection line of said Section
25, a distance of 1,201.54 feet to Its Intersection with the Easterly projection of th Southerly line W said
parcel;
Thence South 85 degrees 57 minutes 26 seconds West, along said Easterly pro)ectlon, a distance of 30.00 teat
to Its Intersection with the 'Westerly right - - ray lin of Scenic Drive, Road Proceedings No_ 255, records of
Pima County, ,crtzona;
Thence North 00 degrees 05 minutes 54 seconds 'West a long sai West" right - - way line. 3 distance of
159.13 teat to a point on the arc of a non- tangent curve concave to the East, a radial line of said curie through
said point having a bearing of South 15 degrees 22 minutes 22 seconds 'West, sa id point being th Paint of
Beginning-
Thence Northwesterly and Northeasterly along the arc of said curve. to the right, having a radius of 45.00 feet
and a central angle of 125 degrees 40 minutes 44 seconds for a arc distance of 58.71 feet to a point of reverse
curvature of a tangent curve concave to this Northwest;
Thence I40rthea$terly alon the arc of said curve, to the left, having a radlua of 25.00 feet and a central angle
of 55 degrees 09 minutes 00 seconds for an arc distance of 24.06 fee to a post of cusp. said point being on
the Westerly right -Of - sway line of said S conic Drive;
Thence South 00 degrees 05 minutes 54 seconds East along said Westerly right -0f - way line, a di stance of
99.87 feet to the POINT OF BEGINNING.
(JV Alb 99 )
Parcel 3
That portion of the West Half (W %) of Section 29. Township 12 Sou*ti, Range 12 East. Gila and Salt River
IMerldlan, Plrna County, Arizona. described as toflows:
Commencing at the Center of said Section 29, trorn said point the Forth One -Quarter (N 4.4) corner of said
Section 29 bears North 00 degrees 05 minutes 54 seconds West, a distance of 2.643.15 feet
Thence South 85 degrees 53 minutes 59 seconds West, a distance of 3+0.00 teat to the POINT OF BEGINNING
on a line 30.00 feet West of and parallel with the East line of the Southwest One -Quarter (SW' .4 of said
S e tton 29
Thence South 00 degrees 06 minut 06 seconds Ea along said parallel lin a distance of 1,30529 feet to
the South IIns of the North On"alf (N t"z) of the Southwest One -Quarter (SW 44:) of said Section 25;
Thence South 89 degrees 58 minutes 25 seconds West, along said south li ne, a distance of 1,250.0-0 feet;
Thence North 10 degrees 56 mi n utee b6 secon W est 353.95 teat
Thence North 21 degrees 55 minutes 56 seconds East 369.74 feet;
Thence South 84 degrees 34 minutes 37 seoowls East 315.23 fleet
�_ • t ► �tA • ��; P &Je ' I :�_ ABTA ; rtirn�r►�rr2 �. f i
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Fle Nc.: - 70017104
Exhibit A
(Continued)
Thence North 84 degrees 03 minutes 26 seconds East 311.38 feet to a point on the arc of a non - tangent curve
concave to the East. a radial line of said curve through said point having a bearing of South 72 degrees 20
minutes 01 seconds 'Nest:
Thence Northerly along the arc of said curve, to the right, having a radius of 371.52 feet, with a chord of North
20 degrees 43 minutes 32 seconds East 461.4 -5 feet., and a central angle of 76 degrees 47 minutes 03 seconds
for an arc distance of 497.88 feet to a print of reverse curvature of a tangent curve concave to the Northwest:
Thence Northeasterly along the arc of said curve, to the left. having a rablus of 185.43 feet. with a chord of
North 31 degrees 58 minutes 04 seconds East 172.88 feet. and a central angle of 54 degrees 18 minutes 00
seconds for an arc distance of 175.53 feet to a point on the arc of a non - tangent curve concave to the North, a
radial line of said curve through said point having a bearing of South 02 degrees 52 minutes 01 seconds West
Thence Easterly Me" the arc of said curve, to the IeR, having a radius of 3,71 320 feet, with a chord of S outh
88 degrees 37 minutes 04 seconds East 192.40 feet, and a central angle of 02 degrees 58 minutes 05 se-eonda
for an arc distance of 192.42 feet to a print of tangency:
Thence North 89 degrees 53 minutes 52 seconds East a distance of 113.27 feet to the POINT OF BEGINMNG;
EXCEPTING THEREFROM that portfOn conveyed to the Town of Mairana in Deed rec orated In Docket 12413 at
page 3583 and corrected In Docket 13120 at page 490, and being described as follows:
A portion of that parcel deserlibied In Docket 12253 at page 4601, said portion being In the North Maff of the
Southwest Quarter of said Section 29. as follows :
Coinmw cing at the Southeast corner of the North HaK of the Southwest Quarter of said Section 25 from which
the center of said Section 29 Iles North 00 degree® 06 minutes 21 seconds West, a distance of 1305.17 feet
Thence North 00 degrees 06 minutes 21 seconds West alDng the Easterly Ilne of said North Half, a distance of
66.74 feet to a point on the arc of a non - tangent curve concave to the North, a radial line of Said curve through
said print having a bearing of South 19 degrees 34 minutes 38 seconds East
Thence Westerly along the arc of said curve, to the right having a rao" of 45.00 feet and a central angle of
38 degrees 56 minutes 33 seconds for an arc distance of 30.59 test to a point on the westerly right -0f -W3y line
of Scenic Drive, Road Proceedings 14o. 255, records of Pima County, Arizona, said point also being the Point
of Beginning at a point of compound curvature of a tangent curve concave to the East
Thence Northwe8terly and Northeasterly along the arc of said curve. to the right, having a radius of 45.00 feet
and a central angle of 125 degrees 40 minutes 44 seconds for an arc distance of 58.71 feet to a point of
reverse curvature of a tangent curve concave to the Northwest:
Thence Northeasterly alone the arc of said curve to the lefr., having a radus of 25.00 feet and a central angle of
55 degrees 05 minutes 00 seconds for an arc distance of 24.06 feet to a point of cusp. said point being on the
Westerly right -of -way line of said Scenic Drive:
Thence South 00 degrees 06 ndnutee 21 seconds East along the Westerly right -of -way Ono, a distance of
99.87 toot to the Point of Bunning.
FURTHER EXCEPTING THEREFROM that portion conveyed to Rancho Manana West, LLC, an Artzons limited
liability corn piny, by Dow recorde-d In Docket 13044 at page 3720, de$crlbed as fol Iowa :
That p09000 of the North On"aff (N %) of the Southwest One--Quarter (S'A' '-.I of said Section 29, described
as follows:
Form SC i ALTA CoamNMOM o.6- 17-361
EAM A
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FI No 7001710A
Exhibit A
(Conti nued)
Commencing at a LCP at the Southeast corner of said North One -Hal' IN :. fro sa point a Brass Ca
Su rvey onument "R.L_S. 12122" 3t the Northa3st corner of said Southwest Quarter iS'IY
y bears North 00
degrees 05 minutes 08 seconds West 1305.33 f"t:
Thence South 85 degrees 58 minutes 25 seconds West, along the South lin of saki North One -Halt (N %) 09
trio Southwest One -Quarter (SW ti:�, a distance of 30.00 feet to a P "RLS 14145 at the Point of Beginning on
a line 30.00 feet Westerly of and parallel wtth the East line of said Southwest One - Quarter,
Thence continue South 89 de -r3 «s 5 5 minutes 25 South seconds West. along the So line of said North On"alt
(N of the Southwest One-Qu 3ra r 1 S W ��:), a dilsta ce of 1,14.6.07 f rost to a '.:" P "RLS14145 ";
Thence North 24 degrees 48 minutes 19 seconds W est 426.04 feet to a IP "RLS 1414.E
Thence North 21 o6gre-ae 55 minutes 56 seconds East 326.54 Beet to a'.:" IP "RLS 14145 ";
Thence South 88 degrees 21 minutes 37 secon0s East 330.97 feet to a lead piug1tag 'RLS 14145 ;
Thence North 84 drogreas C3 minutes 26 seconds East 311.63 toot to a'..:c IP "RLS 14145 ";
Thence North 85 degrees 53 m inutes 52 seconds East 560.46 feet to %" IP "RLS 141W on a One 30.00 Beet
Westerly of and par31101 with said East line of Southwest One-Quarter (SW `v);
Thence South 00 degrees 06 minutes 08 seconds East. along said parallel one, a distance of 546 feet to a
%r no tag (added tag "RLS 14145 ") at a point of curvature of a tangent curve concave to th Northwest, said
point being on the West line of the parcel described In docket 12413 at page 3.583, Puna County Recorder's
Office. Pima County, Ate,
Thence Southwesterly, along said 'A'eetariy lin along the arc of sa id curve, to the right, having a radius of
25.00 feet, with a chord of South 27 degrees 28 minutes 24 seconds West 23.15 feet, and a central angle of 55
degrees 49 minutes 00 seconds for an arc distance of 24.06 test to a '" IP "RLS 15342 at a point of reverse
curvature of a tangent curve concave to bw East=
Thence Southweaterly and Southeasterly along the arc of saki curve. to the left, having a radius of 45.00 test,
with a chord of South 07 degrees 47 minutes 30 seconds East 80.08 feet_ and an central an I a of 125 degr
40 minutes 44 seconds for an arc distance of 98.71 tenet to a ��4" IP -RLS 15342 on a non Tan ent lin 3 0. o O
teat westerly of and para sol wlth the E ast sins of sa ld S On"uart (SIN
Thence South 00 degrees Os minutes 08 seconds East, along said parallel line, a distance of 66.70 frost to the
Point of Begnnlng.
(JV Arb 101 a portion of 1
E asements for Ingress egress and ut llltle�: - 38 s.et forth In Reciprocal Easement and IN* Agreement recorded
In Docket 12253 at page 4606, 38 3MOCt► =d by Partial Release recorded In Docket 13044 at page 3715.
All that portion of the Westerly One-Halt rlgnt - -way of Scenic Drive, Road Proceedings No. 255, Records of
Pima County. Arizona, lying adjacent to th Easterly Ins of that parcel de►scrlbea In D ocket 10965 at page
3518. Records of said Pima County, Arizona, said porbw being In the South Hatt of the Northwest Quarter of
Section 29, Township 12 South, Range 12 East. GIle and Salt River Meridian, Pima County. 4.rizona, described
as follows
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Fie N c.: - 70017104
Exhibit A
(Cone n ued)
C ommencing at a brass rap survey monument stamped L-S. 12122 at the center of saki Section 25 from which
a %_ r eba r with no tag at the North Quarter comer of said Section 29 Iles North 00 degrees 45 minutes 54
seconds West a dista of 2 G43. W feet:
Thence North 00 degrees 05 minutes 54 seconds West, along the North -South M14- Section line of said Section
25, a distance of 1,021.54 feet to Its Intersection with the Easterly projection of the Southerly lin of said
parcel. said Intersection be the POINT OF BEGINNING;
Thence South 65 degrees 57 minutes 2G seeortios West, along said Easterly projection, a distance of 30.00 feet
to its Intersecfm with the 'Westerly right -0f - way (Ins of said Scenic Drlve:
Thence North 00 de grees 05 minutes 54 seconds West, along said westerly rlght - - W3y lin a distance of
159.13 feet to a point on the arc of a non - tangent curve concave to the North, a radial Ilne of said curve
through said point having a beari of South 19 degrees 22 minutes 22 -seco West.
Thence Easterly along the arc of said curve. to the left^ having a radius of 45.00 feet and a central angle of 38
degrees 56 minutes 33 seconds for an arc distance of 30.59 feet to Its Intersection wl' the North -South M1d-
Se etion line of said Section 29:
Thence South 00 degrees 05 minutes 54 seconds East, along said North -South Mid- Section Ilne, a distance of
155.16 feet to the POINT OF BEGINNING.
Parcel G
4111 that portion of the Weeterly One -half ltd -of -way of Scenic Drive, Road Proceedings No_ 255, Records of
Pima County. Arizona, lying adjacent to the Easterly line of that parcel described In Docket 1 cr955 at page
3518. RecoM of saki Pima County, Arizona, said porbon being In the South Half of the Northwes Quarter of
Section 29. Township 12 South, Range 12 East, Gila and Salt River Merldlan, Pima County, Arizona, described
as fal lows :
CommemIng at the center of said S ection 25;
Thence Northerly along the North -South M Id -S ectl0n line of saki Section 29 to Its Intersection with the
Woetarly projection of the Northerly right - - way line of Pima Farms Road as Wbown In Boost 2 of Rood M 3p8
at pegs 101, records of Pima County, a rtzona, said I ntersection being the POINT OF BEGINNING:
Thence Weste along said Westerly projection to Its Intersection with the 'Westerly right -0f - w3y line of said
Scenic Drive:
Thence Northerly along said W este rl y right -of -way line to its Intersection with a Ilse 300 feet Saute of and
parallel with the Northerly one of the South Half of the Northwest Quarter of said Section 25;
Th ence Easterly along said parallel line to Its Intersection with the Easterly line of the Northwest Quarter of
said Section 25 also being the centerline of Scenic Drive:
Thence Southerly along said Easterly line and along said centerline to the POINT OF BEGINNING
Parcel 7
All that porbon of the Easterly One -Hatt rlght•of - way of Scenic Drive, Road Proceedings No. 255, Records of
Pima County Arizona. lying acipcent to that parcel des In Docket 11445 at ague 1570, Records of said
Pima Count Arizona. said p ortion being In the South Half of this Northeast Quarter of Section 29, Townsh
� P 9 P
12 South, Range 12 East. Gila and Salt River Meridian, Plma County, 4rtzona, descrlt�ed as foll
• �►,�__.�. -. • �r ; F . ' �� �.�i :v J1LTA �:u�►.trbrr�rrt �5►-17
Einat A
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I~ le N - 70017104
Exhibit A
(Conte n ued)
Commencing at a brass cap survey monument stamped L-S. 12122 at the center of said Section 25 from which
a 1 Q Inch rebar with no tag at the North Quarter comer of said Section 25 Iles North 00 degrees 05 minutes 54
seconds West, a distance of 2G43.08 feet:
Thence North 00 degrees 05 minutes 54 seconds 'hest along the North -South Mld- Section IIne 0t said Section
25, a distance of 30.00 feet to Its Intersection with the Westerly projection of the Northerly rlght-0f-w3 line of
PI M 3 Farm Road as shown In Book 2 of Road heaps at page 101, Records of Pima County. Arizona, said
Intersection being the POINT OF BEGINNING;
Thence North 00 degrees 05 minutes 54 seconds West, continuing along said North -South Mid- Section line, a
distance of 1.150.70 feet to a point on the arc of a non - tangent curare concave to the Northwest, a radial IIns of
said curare through said point having a bearing of South 19 degrees 34 minutes 10 seconds East;
Thence Northeasterly along the arc of said curve, to the left, having a radius of 45.00 toot and a central angle
of 70 degrees 31 minutes 44 seconds for an arc distance of 55.99 teat to 3 point of cusp, said point being on
the Easterly right -ot -way line of said Scenic Drive;
Thence South 00 degrees 05 minutes 54 seconds East along saki Easterly right -of -way line, a dstance of
1,193.20 toot to Its Intersection with the Northerly right -of -way II n e of s -31 d PVu Forma Road:
Thence North 89 degrees 57 minutes 40 seconds West along the Westorty projection of saki Northerly right -of -
way line, a distance of 30.00 feet to the POINT OF BEGINNING.
P * j r ' 1 U t .L ALT A C4111'T1 k1dM
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EXHIBIT B
Depiction of Area of Extension of Scenic Drive and T Roadwa Sections
0
lg o
z
7
9L
®O � a
>
W
v
i y
W
0
IL
®� : ®��� 0
W
IL
® Y
•
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EXHIBIT C
Legal Description of New Right -of -Way to be Dedicated to Town
August 8, 2014
WLB No. 113021 -B -001
W: \LEGALS \113021 \Scenic Drive legal description.doc
The LEGAL DESCRIPTION
B PUBLIC RIGHT -OF -WAY
G roup
Inc.
A parcel of land lying within Section 29, Township 12 South, Range 12 East, Gila and
Salt River Meridian, Pima County, Arizona, being more particularly described as follows;
COMMENCING at the North Quarter Corner of said Section 29;
THENCE S 00 0 05'59" E, along the North — South mid - section line of said section 29, a
distance of 1462.48 feet to a point on the arc of a non - tangent curve concave to the
Northwest, said point being the POINT OF BEGINNING;
THENCE Northeasterly, along the arc of said curve to the left, having a radius of 45.00
feet, a central angle of 66 °10'33 ", with a radial bearing in of N 19 °22'48" W and a radial
bearing out of N 85 °33'21" W, for an arc length of 51.97 feet to a point of non - tangency;
THENCE S 00 0 05'59" E, a distance of 1189.63 feet to the North line of Pima Farms
Road as shown on Book 2, Road Maps, Page 101, Pima County Records;
THENCE N 89 0 58'07" W, along said North line, a distance of 60.00 feet;
THENCE N 00 0 05'59" W, a distance of 1150.68 feet to the beginning of a non - tangent
curve concave to the North
THENCE Easterly, along the arc of said curve to the left, having a radius of 45.00 feet, a
central angle of 38 °5634 ", with a radial bearing in of S 19 0 33'46" W and a radial bearing
out of S 19 0 22'48" E, for an arc length of 30.59 feet to the POINT OF BEGINNING,
Prepared By:
THE WLB GROUP, INC.
Peter D. Cote, RLS 44121
Pi p ,LAND S
Al � � C
v 44121 0
PETER D. X
a COTE
.9 f ,
P�
1v A ,
EXPIRES 3 -31 -2015
Page 1 of 2 (Sketch is Page 2)
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Page 117 of 262
CURVE TABLE
CURVE
LENGTH
RADIUS
DELTA
C1
51.97'
45.00'
66 °10'33"
C2
30.59'
45.00'
38 °56'34"
LINE TABLE
LINE
LENGTH
BEARING
L1
1189.63
S00 °05'59 "E
L2
60.00
N89 °58'07 "W
L3
1150.68
N00 °05'59 "W
rn m N
IRONWOOD RESERVE
BK. 58, M &P PG. 81
PIMA FARMS ROAD — —
EXHIBIT TO ACCOMPANY DESCRIPTION
PUBLIC RIGHT — OF— WA Y
SCENIC DRIVE
SECTION 29, T —12S, R —12E, G. S. R. M. ,
PIMA COUNTY, ARIZONA
WLB No. 113021—B-001-1003
N:\113021\survey\Scenic Dr ROW.dwg
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4 CORNER
LO
LO
SEC 29
o (10
T1 2S, R1 2E
° o
POINT OF
Cn
,.I
COMMENCEMENT
IRONWOOD RESERVE
BK. 58, M &P PG. 81
PIMA FARMS ROAD — —
EXHIBIT TO ACCOMPANY DESCRIPTION
PUBLIC RIGHT — OF— WA Y
SCENIC DRIVE
SECTION 29, T —12S, R —12E, G. S. R. M. ,
PIMA COUNTY, ARIZONA
WLB No. 113021—B-001-1003
N:\113021\survey\Scenic Dr ROW.dwg
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EXHIBIT D
Description of and Specifications for Scenic Drive Improvements
1. The Scenic Drive roadway section shall consist of two ten -foot travel lanes
with two -foot shoulders on each side (for a total width of 24 feet) . The roadway shall be
built with a thickened asphalt edge, no curb, and 2" asphalt over 4" aggregate base
(unless a thicker section is recommended by the project geotechnical engineer. Concrete
toe -downs at wash edges will be included in an additional shoulder with a total width
of four feet. The only landscaping of the road and the path (described below) shall be
hydroseeding of disturbed areas. The typical Scenic Drive roadway section as described
above is depicted in Exhibit B to this Agreement.
2. The Scenic Drive roadway section shall be constructed from Pima Farms Road
to approximately 400 feet south of the Silverbell Road intersection (nominally the point
where Scenic Drive becomes a striped roadway in its current state).
3. There shall be a four-foot stabilized decomposed granite natural path mean-
dering along the east side of Scenic Drive from Pima Farms Road to Silverbell Road,
routed to minimize disturbance to existing vegetation with concrete paving at the two
wash crossings. No sidewalk shall be required in addition to the path.
4. All drainage crossings shall be at -grade with no drainage culverts.
5. A minimum of two traffic calming islands with no curb shall be included at lo-
cations to be determined by the Town with input from the neighbors; a third island
shall be included if a suitable location with adequate spacing can be determined with
input from the Town and neighbors. No more than three traffic calming islands shall be
installed as part of the Scenic Drive Improvements. When the road is separated at the
islands, an additional one foot of pavement will be added along the inside of the driv-
ing lane such that the paving width at the islands is thirteen feet per side.
6. For a distance of at least 150 linear feet along the west shoulder of Scenic Drive
south of the northern boundary of the Development, an additional eight feet width of
pavement (for a total Scenic Drive width of 32 feet in this 150 -foot length of Scenic
Drive) shall be built to accommodate future public trail parking. Until the trail is open
to the public, the Town shall install and maintain "no parking"' signs in this area.
7. No improvements will be made to the intersection of Scenic Drive and Silver-
bell Road.
8. No improvements will be made to Pima Farms Road.
9. Except for the New Right-of-Way described in recital D and Exhibit C, no ad-
ditional right -of -way or easements shall be required for the Scenic Drive Improvements.
If additional right -of -way or easements become required by the Town for the construc-
tion of the Scenic Drive Improvements, it shall be the Town's obligation to obtain such
right -of -way or easements at no cost to the Owner.
100039097.DOCX / 61 LAZY K BAR RANCH DEVELOPMENT AGREEMENT 12/29/2014 3:30 PM
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Marana Council Meeting 01/06/2015 Page 119 of 262
10. The Scenic Drive Improvements shall include the costs of any necessary utili-
ty relocations associated with the construction and any permits and approvals from
Pima County for the construction. The Town and the Owner will work cooperatively
and make reasonable revisions to the design of the Scenic Drive Improvements to min-
imize utility relocations.
100039097.DOCX / 61 LAZY K BAR RANCH DEVELOPMENT AGREEMENT 12/29/2014 3:30 PM
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Marana Council Meeting 01/06/2015 Page 120 of 262
EXHIBIT E
Legal Description and Depiction of Right -of -Way to be Abandoned by the Town
August 22, 2014
W LB No. 113021 -B -001
W: \LEGALS \113021 \Scenic Drive CDS abandon.doc
P in
LEGAL DESCRIPTION
PUBLIC RIGHT -OF -WAY
TO BE ABANDONDED
That certain portion of public right -of -way as described in Docket 13126, Page 490, Pima
County Records, lying within Section 29, Township 12 South, Range 12 East, Gila and
Salt River Meridian, Pima County, Arizona, being more particularly described as follows;
COMMENCING at the North Quarter Corner of said Section 29;
THENCE S 00 °05'59" E, along the North — South mid - section line of said section 29, a
distance of 1362.51 feet
THENCE S 89 0 54'01" W, a distance of 30.00 feet to a point on the West right -of -way of
Scenic Drive and the beginning of a non - tangent curve concave to the Northwest, said
point being the POINT OF BEGINNING;
THENCE Southwesterly, along the arc of said curve to the right, having a radius of 25.00
feet, a central angle of 55 °09'00 ", with a radial bearing in of N 89 0 54'01" E and a radial
bearing out of S 34 °56'58" E, for an arc length of 24.06 feet to a point of reverse
curvature;
THENCE Southeasterly, along the arc of said reverse curve to the left, having a radius of
45.00 feet, a central angle of 125 °40'44 ", the chord of which bears S 07 °47'20" E, a
distance of 80.08 feet, for an arc length of 98.71 feet to said West right -of -way;
THENCE N 00 0 05'59" W, along said West line, a distance of 99.87 feet to the POINT OF
BEGINNING,
Prepared By:
THE WLB GROUP, INC.
Peter D. Cote, RLS 44121
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100039097.DOCX / 61 LAZY K BAR RANCH DEVELOPMENT AGREEMENT
-25-
12/29/2014 3:30 PM
Marana Council Meeting 01/06/2015 Page 121 of 262
20
29 �
EXHIBIT TO ACCOMPANY DESCRIPTION OF
PUBLIC RIGHT - OF- WA Y
TO BE ABANDONED
SECTION 29, T -12S, R -12E, G. S. R. M. ,
PIMA COUNTY, ARIZONA
WLB No. 113021—B-001-1003
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100039097.DOCX / 61
LAZY K BAR RANCH DEVELOPMENT AGREEMENT 12/29/2014 3:30 PM
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Marana Council Meeting 01/06/2015 Page 122 of 262
A
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Specific Plan Pima F ad
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PCZ1410 -001 Lazy K Bar Ranch Specific Plan
T h is m ap was g enerat&d from the Torn of M a ram's G 15 We ma pping syste ni
- and is io be used for reference use only. GIS data is constanlFy changing SO layers
a _ , ail that appear o n 1 h is map may o r may in o1 he aCcurate or current depen din g on th e d ale and
�� 0717% 2 ' Ti64% Scale 121 =., time Ihis map was cr�ealed.
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MARANA
Page 123 of 262
MARANA
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PLANNING
11 1. TYPE OF APPLICATION (Check One) 11
F_ Preliminary Plat F Final Plat F_ General Plan Amendment F Variance
F_ Development Plan F_ SWPP F_ Landscape Plan Native Plant Permit
F_ Specific Plan Amendment F_ Conditional Use Permit F Rezone /Specific Plan Native Plant Exception
F_ Significant Land Use Change F_ Minor Land Division F_ Water Plan F_ Annexation
F_ Improvement Plan (specify ype in Description of Project box *J F_ Other
2. GENERAL DATA REQUIRED
Assessor's Parcel
221- 22 -013B, 221- 22 -013E, 221- 22 -013F &
General Plan Designation
Rural Density
Number(s)
221- 22 -013G
(To be confirmed by staff)
Residential
Gross Area Acre / SF
( )
138 acres
Current Zoning
RR (Resort and
To be confirmed by staff
Recreation
Development/ Project
Lazy Bar Ranch
y
Proposed Zoning
p g
F (Specific Plan
S (p )
Name
Project Location
Marana Township 12 South, Range 12 East, Section 29
Description of Project's
Single - family residential subdivision
Property Owner
LKB Ranch LLC, LKB Hotel LLC, and LKB Retained Land LLC
Street Address
8401 N Scenic Dr
Ci ty
State
Zip Code
p
Phone #
Fax #
E -Mail Address
Tucson
AZ
85743
520 - 797 -1110
520 - 797 -2408
jamesshiner@gmail.com
pevans @bvtravel.com
Phone Number/ E -mail
Contact Person
Jim Shiner & Peter Evans
520 - 797 -1110 / i amesshiner @gmail.com
evans@bvtravel.com
Applicant
Mattamy Tucson, LLC
Street Address
9200 E. Pima Center Parkway, Suite 230
City
State
Zip Code
Phone #
Fax #
E -Mail Address
Scottsdale
AZ
85258
480 - 302 -6080
480 - 302 -6076
ryan.huffman @mattamyhomes.com
Phone Number/ E -mail
Contact Person
Ryan Huffman
480 - 302 -6080 / ryan.huffman @mattamyhomes.com
Agent/Representative
The Planning Center
Street Address
110 South Church Ave, Suite 6320
City
State
Zip Code
Phone #
Fax #
E -Mail Address
Tucson
AZ
85701
520 - 623 -6146
520 - 622 -1950
lmorales @azplanningcenter.com
Town of Marana Business
Contact Person
Linda Morales
License No.
125638
3. AUTHORIZATION OF PROPERTY OWNER
I, the undersigned, certify that all of the facts set forth in this application are true to the best of my knowledge and that I am either the
owner of the property or that I have been authorized in writing b the owner to file this application and checklist. (If not owner of record,
attach written authorization from the owner.)?
Linda Morales October 17, 2014
Print Name of Applicant/ Agent Signature Date
CaseLog# Date Received Signature
CRW #
11555 W. Civic Center Drive, Bldg. A2■Marana, AZ 85653- 7003 ■Telephone (520) 382 - 2600 ■Fax (520) 382 -2641
. O-WE
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Marana Council Meeting 01/06/2015
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Page 125 of 262
Lazy K Bar Ranch
Specific Plan
Marana, Arizona
Submitted to:
Town of Marana
Planning Department
11555 West Civic Center Drive
Marana, Arizona 85653
Prepared for:
Mattamy Tucson, LLC
9200 East Pima Center Parkway, Suite 230
Scottsdale, Arizona 85258
Prepared by:
The Planning Center
110 South Church Avenue, Suite 6320
Tucson, Arizona 85701
Telephone: (520) 623 -6146
With assistance from:
The WLB Group, Inc.
4444 East Broadway Boulevard
Tucson, Arizona 85711
Telephone: (520) 881 -7480
GPA 1410 -001
PCZ- 1410 -001
October 2014
Marana Council Meeting 01/06/2015 Page 126 of 262
Lazy K Bar Ranch Specific Plan
SectionI. Introduction ..................................................................................... ..............................1
A. Background .................................................................................................................... ..............................2
Section II. Development Capability Report ................................................... ............................... 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 ................ .............................11
4. Well Sites within 100 Feet of the property ........................................................... .............................13
C Topography and Slope .................................................................................................. .............................17
1 Hillside Conservation Areas ................................................................................. .............................17
31
2 Rock Outcrops ..................................................................................................... .............................17
3 Slopes of 15% or Greater .................................................................................... .............................17
4. Other Significant Topographic Features .............................................................. .............................17
33
5. Pre - Development Cross - Slope ............................................................................ .............................17
D. Hydrology, Water Resources and Drainage ................................................................. .............................19
1 Off -Site Watersheds ............................................................................................ .............................19
2 On -Site Hydrology ................................................................................................ .............................19
3. Existing Drainage Conditions along Downstream Property Boundary ............... .............................20
41
E. Vegetation ...................................................................................................................... .............................24
1. Vegetative Communities and Associations On- Site ............................................ .............................24
2. Significant Cacti and Groups of Trees ................................................................. .............................25
3. Special- Status Plant Species .............................................................................. .............................26
4. Vegetative Densities by Percentage of Plant Cover ........................................... .............................27
F Wildlife ........................................................................................................................... .............................31
1. Letter from Habitat Specialist ............................................................................. ...............................
31
2. Arizona Game and Fish Department Environmental Review ............................. .............................31
G Viewsheds ..................................................................................................................... .............................33
1. Viewsheds Onto and Across the Site ................................................................ ...............................
33
2. Area of High Visibility from Adjacent Off -Site Uses ............................................. .............................33
H. Traffic Circulation and Road System ............................................................................ .............................38
1. Existing and Proposed Off -Site Streets ............................................................... .............................38
2. Existing Access and Rights -of -Way .................................................................... .............................40
3 Roadway Improvements .................................................................................... ...............................
41
4. Existing and Proposed Intersections on Arterials within One Mile and Most Likely to be Used by
Trafficfrom this Site ............................................................................................. .............................41
5. Existing Bicycle and Pedestrian Ways Adjacent to the Site and Their Connections with Arterial
Streets, Parks and Schools ................................................................................. .............................41
I Existing Utility Infrastructure .......................................................................................... .............................41
J Recreation and Trails .................................................................................................... .............................42
1. Open Space, Recreation Facilities, Parks and Trails .......................................... .............................42
Table of Contents i
Marana Council Meeting 01/06/2015 Page 127 of 262
Lazy K Bar Ranch Specific Plan
K .
Cultural Resources ........................................................................................................ .............................44
1. Location of Resources On- Site ............................................................................ .............................44
L .
McHarg Composite Map ............................................................................................... .............................45
SectionIII. Development Plan ...................................................................... ...............................
47
A .
Purpose and Intent ........................................................................................................ .............................48
B .
Design Principles and Vision ......................................................................................... .............................48
C.
Relationship to Adopted Plans ...................................................................................... .............................49
1 Marana General Plan ........................................................................................... .............................49
2 Marana Strategic Plan ......................................................................................... .............................52
D.
Compatibility with Adjoining Development and Location Restrictions .......................... .............................53
1. Adjoining Development Compatibility .................................................................. .............................54
E .
Land Use Concept Plan ................................................................................................ .............................54
F .
Circulation Plan ............................................................................................................. .............................57
G .
Grading Element ........................................................................................................... .............................58
H .
Post Development Hydrology ........................................................................................ .............................58
1. Land Use Concept Plan Response to Hydrologic Characteristics ...................... .............................58
2. Information and Substantiation for Encroachment/Modification of Drainage Patterns ....................59
3. Potential Drainage Impacts to Off -Site Land Use Upstream and Downstream .. .............................59
4. Engineering and Design Features to be used to Address Drainage and Erosion Problems . .........
59
5. Land Use Concept Plan Conformance with Area Plan, Basin Management Plans and Town
Policies............................................................................................................... ...............................
60
I .
Environmental Resources ........................................................................................... ............................... 62
1. Waters of the United States ............................................................................... ...............................
62
2. Federally Endangered Species and Other Special Species ............................. ...............................
62
3 Wildlife Corridor .................................................................................................... .............................62
J .
Landscape & Buffering ................................................................................................ ...............................
62
1 Native Plant Preservation .................................................................................... .............................65
K .
Cultural Resources ........................................................................................................ .............................67
L .
Utilities ........................................................................................................................... .............................67
1 Water .................................................................................................................... .............................67
2 Wastewater ........................................................................................................ ...............................
69
3 Private Utilities ..................................................................................................... .............................69
4. Sanitation and Recycling Services .................................................................... ...............................
70
M .
Public Services ............................................................................................................ ...............................
73
1 Police Service ...................................................................................................... .............................73
2 Schools ................................................................................................................ .............................73
3 Fire Service .......................................................................................................... .............................74
Section IV. Development Regulations ........................................................ ............................... 76
A. Purpose and Intent ...................................................................................................... ............................... 77
B. General Provisions ........................................................................................................ .............................77
Table of Contents ii
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Lazy K Bar Ranch Specific Plan
1 Applicable Codes ................................................................................................. .............................77
..............................4
2 Additional Uses .................................................................................................. ...............................
77
C Development Standards ................................................................................................ .............................78
.............................10
1 Land Use Standards ............................................................................................ .............................78
.............................14
2 Landscaping ......................................................................................................... .............................80
.............................15
3 Landscape Standards .......................................................................................... .............................80
.............................16
4 Parking ................................................................................................................. .............................81
.............................18
5 Lighting ............................................................................................................... ...............................
81
6 Signage ................................................................................................................ .............................81
D. Single Family Residential Detached Housing Design Standards ................................. .............................81
1 Individual Lot Landscaping .................................................................................. .............................81
E. Town of Marana Subdivision Requirements ................................................................. .............................81
1. Provision of Recreational Area .......................................................................... ...............................
81
2 Open Space Ownership ...................................................................................... .............................82
3. Off -Site Trail Access and Maintenance ............................................................... .............................82
F. Minimum Roadway Development Standards ............................................................... .............................83
1. Application .......................................................................................................... ............................... 83
2. Functional Classifications Defined ....................................................................... .............................83
3. Cul -de -sacs ........................................................................................................ ............................... 83
4. Curbing and Sidewalks ...................................................................................... ............................... 83
Section V. Implementation and Administration ......................................... ............................... 85
A. Purpose ......................................................................................................................... .............................86
1. Extent of the Specific Plan to Supplement or Supersede Adopted Town Zoning Regulations ....... 86
2. General Implementation Responsibilities .......................................................... ............................... 86
3. Interpretation ...................................................................................................... ............................... 86
4. Development Review Procedures ..................................................................... ............................... 87
5. Specific Plan Amendments .................................................................................. .............................87
6. Administrative Change ......................................................................................... .............................87
7. Substantial Change ............................................................................................. .............................88
Bibliography.................................................................................................. ............................... 89
List of Exhibits
ExhibitI.A.1: Regional Context ..............................................................................................
..............................4
Exhibit11.8.1: Site Location ....................................................................................................
..............................7
Exhibit 11.6.2: Existing On -Site Land Use .............................................................................
.............................10
ExhibitII.B.3.a: Existing Zoning ............................................................................................
.............................14
Exhibit 11.B.3.b: General Plan Designations .........................................................................
.............................15
Exhibit 11.B.3.c: Existing Land Uses .......................................................................................
.............................16
Exhibit II.C.1: Topography and Slope ..................................................................................
.............................18
Table of Contents iii
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Lazy K Bar Ranch Specific Plan
Exhibit II.D.1: Pre - Development Hydrology ......................................................................... .............................21
..............................8
Exhibit II.D.2.b.1: FEMA FIRM .............................................................................................. .............................22
.............................19
Exhibit II.D.2.b.2: FEMA Floodplain ...................................................................................... .............................23
.............................20
Exhibit II.E.1: SDCP Vegetative Communities, Associations and Densities ....................... .............................28
............................... 25
Exhibit II.E.2: Site Resource Inventory .................................................................................. .............................29
.............................26
Exhibit II.E.3: Vegetation Densities ....................................................................................... .............................30
............................... 40
Exhibit II.F.1: AGFD Online Environmental Review .............................................................. .............................32
.............................51
ExhibitII.G.1.a: Photo Key Map ........................................................................................... .............................34
............................... 55
ExhibitII.G.1.b: Site Photos .................................................................................................. .............................35
.............................64
Exhibit II.G.1.b: Site Photos, continued ................................................................................ .............................36
.............................73
Exhibit II.G.2: Visibility ........................................................................................................... .............................37
ExhibitII.H.1: Traffic .............................................................................................................. .............................39
Exhibit II.J.1: Recreation and Schools ................................................................................. .............................43
Exhibit II.L.1: McHarg Composite Map ................................................................................. .............................46
Exhibit III.E.1: Land Use Concept Plan ................................................................................ .............................56
Exhibit I11.H.1: Post Development Hydrology ........................................................................ .............................61
Exhibit III.J.1: Landscape and Buffering ................................................................................ .............................66
Exhibit III.L.1: Water Service Letter ...................................................................................... .............................68
Exhibit III.L.2.a: Existing Sewer Facilities ............................................................................. .............................71
Exhibit III.L.2.b: Wastewater Capacity Response ................................................................ .............................72
ExhibitIII.M.3: Fire Service ................................................................................................... .............................75
Exhibit IV.F.4: Typical Road Section .................................................................................... .............................84
List of Tables
Table 11.6.2: Existing On -Site Structures ................................................................................
..............................8
Table 11. D.1: 100 -Year Off -Site Peak Discharges .................................................................
.............................19
Table 11.D.2.c: 100 Year Peak Discharge ..............................................................................
.............................20
Table I I. E.1: Species list of plant species observed on site ...............................................
............................... 25
Table II.E.3: USFWS List of Plant Species for Pima County ................................................
.............................26
TableI I . H .2: Roadway Inventory .........................................................................................
............................... 40
TableIII.C.1: Lot Sizes ..........................................................................................................
.............................51
TableI I I. E: Land Use Data ..................................................................................................
............................... 55
Table III.J: Lazy K Bar Prohibited Plant List ..........................................................................
.............................64
Table III.M.2: School Capacities & Enrollments ....................................................................
.............................73
• Table of Contents iv
Marana Council Meeting 01/06/2015 Page 130 of 262
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Page 131 of 262
Lazy K Bar Ranch Specific Plan
A. Background
The Lazy K Bar Ranch (Lazy K Bar) is a 138 -acre property located in the Town of Marana,
directly west of the Ironwood Reserve subdivision. Lazy K Bar is bound on the east by the
Scenic Drive alignment, and by privately held land on the north, west, and south.
Topographically, the property is adjacent to the Tucson Mountains to the west and north,
and a rocky outcropping to the south. These topographic features create a "valley" setting
for the central portion of the property. The site has spectacular views of the Tucson
metropolitan area, Sombrero Peak, and the surrounding Tucson Mountains.
Lazy K Bar Ranch represents an opportunity to plan and develop a special and unique
community grounded in its heritage. A large portion of the property is proposed to remain
as dedicated open space. Significant portions of the proposed open space are contained
in the steeper slope areas, a central community recreational area centered around its historic
buildings, buffers from existing adjacent residences and preserved wash corridors. An
interior loop trail system will enhance on -site recreation. Every effort is made to maximize
the view opportunities through thoughtful road design, careful slope analysis, and
meticulous homesite orientation. The three character areas will provide distinct
neighborhood experiences, but will be linked by open space corridors, trails, and a common
design theme.
Originally homesteaded in 1928, Lazy K Bar Ranch began operations as a guest ranch
starting in 1932. Over the years, as a result of ranching, grazing and guest ranch activities,
roads, trails, parking areas, paddocks, pastures, corrals and structures have created
significant disturbance of the native desert. In 2006, the Guest Ranch was permanently
closed, and attempts to sell to a new resort operator were unsuccessful.
Currently, the Lazy K Bar site has 17 buildings on site, including a ranch office, six adobe
guest casitas, the Mountain Pavilion (meeting /ballroom), barn and stables for horses, as
well as a swimming pool and tennis court. A caretaker resides on the property, which is
fenced, privately gated and closed to the public. At this time, no public access is available
anywhere on the site. Trespassing is strictly prohibited.
The current zoning designation on the property, Resort and Recreation, allows for the
development of hotels, motels, inns, timeshare projects and resorts, substance abuse and
other treatment centers, allowing up to approximately 600 lodging units. This specific plan
proposes residential development with modifications to the development standards for lot
size, grading, lot coverage and maximum building height. The Lazy K Bar Ranch Specific
Plan is proposed to incorporate 178 lots at a gross density of 1.29 residences per acre. The
plan also proposes a variation in lot sizes, a community park and natural open space. The
proposed open space is approximately 55% of the total project area. The amount of
historical disturbance from 85+ years of use on the property is approximately 67 acres, or
49% of the entire project area. While much of the proposed project is located on existing
disturbance areas, other previously disturbed areas that are not proposed for new
development present opportunities for reclamation and revegetation.
E6 Introduction 1 -2
Marana Council Meeting 01/06/2015 Page 132 of 262
Lazy K Bar Ranch Specific Plan
Additionally, the Lazy K Bar Ranch Specific Plan is intended to protect a portion of the
historic elements of the property. Portions of the ranch house, particularly the stone house
portion built by the original homesteaders, will be preserved and serve as a primary focal
point and gathering place for the community. The thematic elements of the community will
respect and celebrate the ranching culture and rich history of Lazy K Bar Ranch. Prominent
cultural artifacts are intended to be preserved on -site. The current owners intend, upon
adoption of the Specific Plan, to catalogue possible constituent items for a heritage display
center. In connecting the Lazy K Bar Ranch to its heritage, it becomes connected to its
neighborhood and its town. The "Mountain Pavilion Terrace" (referred to herein as event
lawn) just south of the Mountain Pavilion, will be preserved as an informal gathering space
for future residents, and will be an excellent location to capture the vistas and the nearby
rock formations.
See Exhibit I.A. 1: Regional Context.
ffi Introduction 1 -3
Marana Council Meeting 01/06/2015 Page 133 of 262
Lazy K Bar Ranch Specific Plan
Exhibit LAA : Regional Context
LEGEND
Site Location Tucson Mountain Park
NORTH p' 72 50' 1^500'
Town of Marana Jurisdictions r
Pima County FILE NAME. regional 6x8 04.mxd
SOURCE; Pima county GIS. 2013
Introduction 1 -4
Marana Council Meeting 01/06/2015 Page 134 of 262
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Page 135 of 262
Lazy K Bar Ranch Specific Plan
A. Purpose and Intent
The primary purpose of the Development Capability Report section of the Lazy K Bar Ranch
Specific Plan is to identify the site's opportunities, 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 southwestern limits of the Town of Marana in the west -
central portion of Section 29, Township 12, Range 12 East. The property lies
approximately three - quarters of a mile west of Interstate 10 just west of Continental
Reserve, at the intersection of Pima Farms Road and North Scenic Drive. In total, the
site area is approximately 138- acres. See Exhibit 11.6.1: Site Location.
ffl Development Capability Report 11 -6
Marana Council Meeting 01/06/2015 Page 136 of 262
Laz K Bar Ranch Specific Plan
Exhibit 11.6.1: Site Location
Site Boundar Project Site is located at, NORTH 0 ' 1000 2000'
Township 12S, Ran 12E. and Sect-Ion 29 1
Township, Ran & Section Site Acrea Approx. 138 AC
Parcel ID #'s- FILE NAME MAR-04-4ocation - 6x8.mxd
Jurisdictional Boundaries 221-22-013B, 221-22-013E- SOURCE Pima Count GIS, 2013
221-22-013F & 221-22-013G
Development Capabilit Report 11-7
Marana Council Meetin 01/06/2015 Pa 137 of 262
LEGEND NOTES:
Lazy K Bar Ranch Specific Plan
2. Existing On -Site Land Use and Zoning
The existing zoning designation on the property is "RR ", Resort and Recreation, which
would potentially allow for the development of a large resort with up to 600 lodging units.
The following accessory uses may be established in the RR zone if they are a part of,
or accessory to a permitted use such as a resort, hotel, motel, inn, timeshare project or
guest ranch: restaurants, bars, cocktail lounges, beauty and barbershops, spas,
treatment centers, outdoor pavilions for outdoor events, live entertainment, and
conference and gathering facilities designed to serve 200 people or less in a single
room. See Exhibit 11.6.2: Existing Zoning. In addition, the Lazy K Bar's historic uses,
including its equestrian, bull riding and the like, remain grandfathered. The Existing On-
Site Structures table demonstrates the total number of existing buildings, with
designated uses and height. There are 17 buildings on the specific plan site including
staff housing, storage, an historic lodge, swimming pool, (7) casitas for guests, covered
parking, horse stalls, tack room, and barn. See Exhibit 11.6.2: Existing On -Site
Structures.
Table II.B.2: Existing On -Site Structures
ffi Development Capability Report 11 -8
Marana Council Meeting 01/06/2015 Page 138 of 262
Building
Existing Building
g g
Current Square
Height
g
Footage
(Stories)
Building 1
Mountain Pavilion &
5431
1
Mountain Pavilion Terrace
(event lawn)
Building
667
1
Storage
Building
Ranch House
7
1
8401 N Scenic Drive
Building
1045
1
Swimming Pool
Building
1905
1
Casita
Building
851
1
Casita
Building?
1
1
ffi Development Capability Report 11 -8
Marana Council Meeting 01/06/2015 Page 138 of 262
Lazy K Bar Ranch Specific Plan
Casita
Building
1692
1
Casita
Building
2022
1
Casita
Building 10
2 586
1
Casita
Building 11
1 120
1
Casita
Building 12
1 115
1
Casita
Building 13
3 195
1
Casita + Covered Parking
Building 14
1 100
1
Casita
Building 15
1 829
1
Ba rn
Building 16
2 290
1
Stable /Tack Room
Building 17
1 192
1
Horse Stall
Total On -Site
37
After years of heavy grazing and other high- impact ranching and recreational activities,
the Lazy K Bar property has experienced significant disturbance. The paddock area,
pasture, horse trails and roadways have the highest amount of disturbance. However,
many other on -site areas have varying degrees of disturbance as well. In total,
approximately 67 acres, 49% of the project area, is historically disturbed. The current
owners, even when the ranch was still operating, restricted ground disturbing activities
in some areas. A partial recovery, particularly in wash areas, is evident.
8B Development Capability Report 11 -9
Marana Council Meeting 01/06/2015 Page 139 of 262
Lazy K Bar Ranch Specific Plan
Exhibit II.B.2: Existina On -Site Land Use
LEGEND
Specific Plan Boundary
NORTH 0' 250' 500'
,
FILE FAME- ex coed 6x8 MAR-04 mxd
SOURCE- Pima County GIS, 2013
ffi Development Capability Report II -10
Marana Council Meeting 01/06/2015 Page 140 of 262
Lazy K Bar Ranch Specific Plan
3. Existing Conditions on Properties within aOne- Quarter Mile Radius
a. Zoning
The zoning designations of surrounding properties, as depicted in Exhibit 11.B.3.a
are as follows:
North: Pima County SR (Suburban Ranch Zone)
South: Town of Marana R -144 (Single Family Residential)
East: Town of Marana F (Pima Farms Specific Plan), RR (Resort
and Recreation) and Pima County SR (Suburban Ranch
Zone)
West: Pima County RH (Rural Homestead Zone)
b. General Plan Land Use
The 2010 Town of Marana General Plan indicates the site is designated Rural
Density Residential. The surrounding general plan designations within one -
quarter mile of the site, as depicted in Exhibit ll. B. 3. b are as follows:
North: Rural Density Residential
South: Rural Density Residential
East: Master Planning Area and Rural Density Residential
West: Rural Density Residential
C. Land Use
The land uses of surrounding properties within one - quarter mile, as depicted in
Exhibit ll. B. 3. c.: Existing Land Uses are as follows:
North: Vacant and Unsubdivided Single - Family Residential
South: Vacant and All Creeds Brotherhood Sanctuary Cove
East: Ironwood Reserve Single - Family Residential Subdivision and
Unsubdivided Single - Family Residential
West: Rural Homestead
Separating the west edge of Ironwood Reserve and the rear yards of the
proposed homes along the eastern boundary of Lazy K Bar is:
8B
Marana Council Meeting 01/06/2015
Development Capability Report II -11
Page 141 of 262
Lazy K Bar Ranch Specific Plan
• A 60 -acre dedicated open space (approximately 615 -feet wide at its
narrowest point);
• Half of the former Scenic Drive 60 -foot right -of -way (equal to 30 feet); and
• A 50 -foot setback from the eastern boundary.
d. Number of Stories of Existing Structures
There are 17 existing structures currently on the site, all of which are one - story.
There are one -story single - family residential homes and some two -story single -
family residential homes located east of the site in the Ironwood Reserve
subdivision. 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 April 2013, there are no pending or conditional rezonings within a one -
quarter mile radius of the project site.
f. Subdivision /Development Plans Approved
There is one approved subdivision plat within a one - quarter mile radius of the
project site. Ironwood Reserve, an adjacent subdivision to the east of Lazy K
Bar, was developed by Diamond Ventures, Inc. in 2004. The development has
a gross area of 125 acres and a total of 246 lots, yielding an approximate density
of 2.0 residences per acre (RAC). Similar to Lazy K Bar, Ironwood Reserve
consists of three different lot sizes, with the largest lots positioned along the west
boundary, mid -sized lots in the middle of the development and the smallest lots
located in the eastern portion of the subdivision. The minimum lot sizes range
from 6,122 square feet for lots in the eastern portion of Ironwood Reserve to 7,179
for lots near the middle of the development and 12,435 square feet for the lots
situated in the western portion of the subdivision.
Continental Crossing Marketplace, Continental Crossing Condos and Tucson III
Retail Center CR Lot 15c located further east of the site are currently in
development plan review, DPR- 08022, DPR -06135 and DPR- 07048,
respectively. Additionally, the Townhomes at Coachline Boulevard, PRV- 07027,
is currently in the preliminary plat stage.
Three additional approved subdivisions are located nearby the site, but are
outside the one - quarter mile radius. Twin Peaks Subdivision, a single family
residential subdivision to the northeast of Lazy K Bar, was developed by Twin
Peaks Development Corporation in 1997. The development has a gross area of
22.91 acres with a total of 78 lots and a gross density of 3.4 RAC.
EB Development Capability Report 11 -12
Marana Council Meeting 01/06/2015 Page 142 of 262
Lazy K Bar Ranch Specific Plan
Twin Peaks Highland, another residential subdivision to the northeast of the site,
was developed in 2004 by D.R. Horton. The development has a gross area of
29.78 acres, a total of 119 lots and a density of 4.0 RAC.
Sunset Ranch Estates, a single family residential subdivision to the southeast of
Lazy K Bar, was developed in 1995 and is owned by Stardance Land, LLC. The
development has a gross area of 34.58 acres, with a total of 30 lots, with 0.87
RAC.
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 Ironwood Reserve
subdivision east of the site are more typical of the conventional tract subdivision
production built single - family detached housing.
4. Well Sites within 100 Feet of the property
According to Pima County Geographic Information Systems and the Arizona
Department of Water Resources, well #634473 is located on -site near the Scenic Drive
and Pima Farms Road alignment. Well #804829 is located within 100 feet of the
property in the center of the northern property boundary. There are no other wells
located on -site, or within 100 feet of the property. See Exhibit 11.B.3.c: Existing Land
Uses.
8B Development Capability Report 11 -13
Marana Council Meeting 01/06/2015 Page 143 of 262
Lazy K Bar Ranch Specific Plan
Exhibit II.B.3.a: Existing Zoning
r
r
,
,
,
,
■
r
•
5
LEGEND
Specific Plan Boundary 0 R -36
r "1 114 Mile Radius R -144
Jurisdictions F
SR NORTH 0" 500' 1
RH
l R FILE NAME zoning_ &8_MAR -04 mxd
C�URCE P c t CIS 2013
RR ima VU" y
8B
Marana Council Meeting 01/06/2015
Development Capability Report II -14
Page 144 of 262
Town of Marana Zoning Pima County Zoning
Lazy K Bar Ranch Specific Plan
Exhibit 11.13.3.b: General Plan Designations
Development Capability Report II -15
Marana Council Meeting 01/06/2015 Page 145 of 262
LE GEND General Plan Land Use Designations Pima County Co P lan Designation
Specific Plan Boundary �� Master Planning A R Transition ng rea Resource ranson NORTH
- — Mt
� o sco 1040
r � 1 /4 Mile Radius
� Low Density Residential Public Preserves
f .
Jurisdictions Rural Density Residential FILE NAME" zoning _ sxB_LKB - 01.md
SOURCE Pima County GIS, 2414
Laz K Bar Ranch Specific Plan
Exhibit II.B.3.c: Existin Land Uses
LEGEND
Specific Plan Boundary NORTH 0'40f 1000, Approved Subdivision Plat Washes F---'�,
100 Foot Radius Approved Development Plan L-11
FILE NAME: ex cond 6x8 MAR-04.mxd
1/4 Mile Radius 10 Wells ( Re g istr y ID Number labeled) SOURCE Pima County GIS, 2013
Development Capabilit Report 11-16
Marana Council Meetin 01/06/2015 Pa 146 of 262
Lazy K Bar Ranch Specific Plan
C. Topography and Slope
The elevations on the property range from approximately 2,410 feet at the southwestern corner
to approximately 2,154 feet at the northeastern corner. Three un -named washes exit the
property at the northeast corner and along the eastern boundary with flows under 500 CFS.
Existing topography at 2' contour intervals is shown on Exhibit 11. C.1: Topography and Slope.
1. Hillside Conservation Areas
There are level 1 restricted peaks and ridges located at the northwest and southwest
corners of the property. Please see Exhibit 11. C. 1: Topography and Slope. According
to Title 19 of the Town of Marana Land Development Code, all development is subject
to a 300 foot setback from each peak or ridge designated as protected.
2. Rock Outcrops
There are rock outcrops along the southern and western boundaries of the subject site.
As noted on the SRI, a small unique rock outcrop is located outside, but within close
proximity to the northwest corner of the property.
3. Slopes of 15% or Greater
There is a small area along the western boundary with slopes between 15 and 25
percent. The southern portion of the site has slopes between 15 and 25 percent, as
well as a large area with slopes greater than 25 percent. The surface slope of the
property is shown on Exhibit 11. C. 1: Topography and Slope.
4. Other Significant Topographic Features
There are two small rocky peaks approximately 2466 feet and 2422 feet in elevation
located outside the project area near the middle of the southern boundary.
5. Pre - Development Cross -Slope
The average cross -slope of the property is approximately 10.47% from the southwest
boundary of the site to the northeast corner.
The pre - development cross slope calculation and values used are as follows:
Cross -slope = (I x L x 0.0023) / A
Where:
= contour interval (2)
L = total length of contours (314,152)
0.0023 = conversion of "square feet" into "acres x 100"
A = total site area in acres (138 AC)
ffi Development Capability Report 11 -17
Marana Council Meeting 01/06/2015 Page 147 of 262
Laz K Bar Ranch Specific Plan
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LEGEND
Specific Plan Boundar 0 - 15% slopes Restricted Peaks & Rid NORTH 0' 250' 500,
Ad Parcels 15-25% slopes F17
2' Elevation Contours Greater than 25% slopes FILE NAME- topo_sJope_6x8 - MAR-04.mxd
SOURCE- Pima Count GIS 2013
Development Capabilit Report 11-18
Marana Council Meetin 01/06/2015 Pa 148 of 262
Exhibit ll.C.1: Topo and Slope
Lazy K Bar Ranch Specific Plan
D. Hydrology, Water Resources and Drainage
The following site hydrology information was analyzed and prepared by The WLB Group, Inc.
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
The off -site areas impacting the project site are from the Tucson Mountains located
north, south, and west of the site. The site is nested within a small valley along the east
side of the Tucson Mountains. The off -site flows are discharging across the west, north,
and south property line in a sheet flooding fashion on mountain slopes greater than 10
percent. In the approved drainage study titled "Ironwood Reserve Final Drainage
Report" prepared by Morrison- Maierle, Inc. dated February 4, 2004; these off -site
watershed analyses were evaluated and verified within this report. This stormwater
runoff is fast moving with erosive velocities and sheet flooding throughout. See Exhibit
ll. D.1: Pre - Development Hydrology.
Acreage of Upstream Off -site Watersheds with 100 -year Discharge Greater Than
100 CFS
Table II.D.1: 100 -Year Off -Site Peak Discharges
Concentration
Drainage Area
Qloo (CFS)
Point
(AC)
OS1
27.4
184
OS5
20.5
151
2.
On -Site Hydrology
a. On -site drainage flow conditions are characterized by:
On -site storm water flow drains from the west to the east predominately by sheet flow
and braided natural channels. The average slope of the site is greater than 4 percent.
Storm water runoff that exits the site is conveyed across vacant desert landscape until
it is intercepted by a channel adjacent to the western boundary of Ironwood Reserve
residential development. This channel directs the flows north in a constructed channel
through a single residential subdivision named Twin Peaks Highlands until it is
ultimately intercepted by the Santa Cruz River located approximately three miles to the
northeast.
All on -site hydrologic analysis will be performed using PC Hydro Method V5.3.1, dated
March 2007. The Pima County PC -Hydro software uses rainfall depths derived from
the Upper Bound of the 90% confidence interval from the NOAH Atlas 14. This data is
available from the NOAA's National Weather Service Hydrometeorological design
studies center precipitation frequency data server, which relies on the latitude and
longitude of the project site. The soil types were provided from the Natural Resource
8B Development Capability Report 11 -19
Marana Council Meeting 01/06/2015 Page 149 of 262
Lazy K Bar Ranch Specific Plan
Conservation Service (NRCS) soils study. Within this report, hydrologic soil types B, C,
and D are present within the project boundary. Using the Pima County Hydrology
Manual, the weighted basin factors range in size from 0.035 to 0.050. The vegetative
cover and density will be determined using recent aerial photographs and site visits.
b. Federally Mapped Floodways and Floodplains:
The development site is located within Zone X, which states "areas determined to be
outside of the 500 -year flood hazard area" as defined by FIRM Panels 04019C1650 -L,
effective date June 16, 2011. See Exhibit II. D. 2. b.1: FEMA FIRM and Exhibit II. D. 2. b. 2:
FEMA Floodplain. According to the Town Of Marana Floodplain Ordinance, all non -
FEMA washes greater than 50 cfs need to be mapped on -site for stormwater flows
exiting and entering the project site. There are nine watercourses on -site under existing
conditions that exceed 50 cfs.
c. 100 -Year Peak Discharge Exceeding 50 cfs:
The peak discharge rates for washes having a 100 -year event flow greater than 50
cfs are shown below:
Table II.D.2.c: 100 Year Peak Discharge
Concentration Point
Drainage Area
(AC)
Q�oo (CFS)
1E
28.8
171
2E
44.0
249
3E
22.5
96
4E
3.0
14
5E
160.0
829
5.1E
48.0
319
5.2E
21.0
146
5.3E
27.0
190
5.4E
15.7
111
5.5E
22.8
1 168
3.
See Exhibit Il. D.1: Pre - Development Hydrology
Existing Drainage Conditions along Downstream Property Boundary
The foothills of The Tucson Mountains are a series of alluvial fans where storm water
runoff is generally conveyed via sheet flow in ill- defined channels. The developments
throughout the watersheds collect and redirect all sheet flow from these alluvial fans
and ultimately deliver it to the Santa Cruz River. The land downstream of the project
site is predominantly comprised of residential and commercial developments.
Furthermore, the downstream parcels also exist within various FEMA flood hazard
zones.
8B Development Capability Report 11 -20
Marana Council Meeting 01/06/2015 Page 150 of 262
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Laz K Bar Ranch Specific Plan
PROJECT
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Exhibit II.D.2.b.1: FEMA FIRM
ED I PANEL 1650L
FIRM
FLOOD INSURANCE RATE MAP
PIMA COUNTY,
ARIZONA
AND INCORPORATED AREAS
PANEL 1650 OF 4750
(SEE MAP INDEX FOR FIRM PANEL LAYOUT)
TAMS
COMMUNITY NUMBER PANEL SUFFIX
MARANA TOWN Ov 040118 1650 L
PD PIMA COUNTY 040673 1650 t-
Notice lo User The Map Nunibqer shoran below should be
used when placin map orders the Communit Number
shorn above shoul be use on i nsur a nce ap phczbo ns f�- i
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MAP REVISED
JUNE 16, 2011
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LAZY K RANCH
SPECIFIC PLAN F-I
2
TOWN OF MARANA >
PIMA COUNTY, ARIZONA
WLBJ0I3#1"3021-A004-040,0
JUNE 2013
Marana Council Meetin 01/06/2015
Development Capabilit Report 11-22
Pa 152 of 262
Lazy K Bar Ranch Specific Plan
Exhibit II.D.2.b.2: FEMA Floodplain
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LEGEND
I : :, Specific Plan Boundary NOTE FEMA Zone X (outside
100-year flood limits
'�� Washes covers entire map area
NORTH 4' 250 500'
FILE NAME: hydro_6x8_MAR- 04.mxd
SOURCE. Pima County GIs, 2013
Development Capability Report 11 -23
Marana Council Meeting 01/06/2015 Page 153 of 262
Lazy K Bar Ranch Specific Plan
E. Vegetation
1. Vegetative Communities and Associations On -Site
The project site is located on the eastern flank of the Tucson Mountains and contains
native vegetation that is typical of that found in the Arizona Sonoran Desert. The site
drains from the southwest to the northeast and there is one well- defined wash running
through the northeastern portion of the property. The property occurs within the Arizona
Upland subdivision of the Sonoran Desertscrub biotic community (Brown and Lowe
1980 Existing vegetation is categorized into two distinct communities; Palo Verde —
Mixed Cacti, in the uplands, and Sonoran Riparian Scrub growing along the wash (Pima
County GIS 2013). See Exhibit II.E.1: SDCP Vegetative Communities, Associations
and Densities
a. Arizona Upland Subdivision, Palo Verde -Mixed Cactus series:
A Site Resource Inventory was completed in accordance with Town of Marana
requirements (See Exhibit II.E.2). Existing upland vegetation across the property is
diverse in vegetation species composition and structure. Dominant species on the
property include foothill palo verde (Parkinsonia microphylla), creosotebush (Larrea
tridentata), triangle -leaf bursage (Ambrosia deltoidea), brittle bush (Encilia farinose),
ocotillo (fouquieria splendens), barrel cacti (Ferocactus wislizenii), saguaro
(Carnegiea gigantea), cholla species (Opuntia sp.), prickly pear species (Opuntia sp.)
and a variety of other small cacti. Smaller numbers of blue palo verde (Parkinsonia
florida) and desert ironwood (Olneya tesota) trees are also present. Mature
ironwoods were not noted on the property.
The health of undisturbed upland vegetation on site is generally good to fair. The
saguaro age structure is healthy. Many of the upland trees are exhibiting some signs
of stress due to current drought conditions.
Portions of the site that have been accessed by clearing operations and /or grazing
vary in condition from denude of any significant vegetation to minimal native
understory vegetation. These areas are largely associated with previous ranching
operations and /or grazing limits dictated by fencing.
b. Sonoran Riparian Scrub vegetation:
Sonoran Riparian Scrub vegetation is associated with the wash running through the
northeast portion of the property. This community is dominated by mesquite trees
(Prosopis velutina), whitethorn acacia (Vachellia constricta), and foothills paloverde
(Parkinsonia michrophyla).
Brown, D.E., and C. Lowe, 1980. Biotic communities — Southwestern United States and Northwestern Mexico. Map. University of Utah
Press. Salt Lake City, Utah.
ffi Development Capability Report 11 -24
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Lazy K Bar Ranch Specific Plan
The exclusive defining factor of the existing riparian vegetation on site is density. This
vegetation is largely the same species makeup as the upland vegetation but with a
greater density of plant coverage due to the concentrated runoff from rainfall. There
are no species more typically defined as riparian in nature such as Hackberry (Celtis
reticulate) or Cottonwood (Populus sp).
Exhibit 11.E.3: Vegetation Densities, illustrates the extent of the two vegetative
communities found on the Lazy K Bar property. Table II.E.1 presents a list of plants
observed during a June 2013 site visit. Also observed, but not listed, were various
bunch grasses and forbs.
Table II.E.1: Species list of plant species observed on site.
2.
SCIENTIFIC NAME
COMMON NAME
Ambrosia deltoidea
Triangle -leaf bursage
Baccharis sarothroides
Desert broom
Carnegiea gigantea
Saguaro cactus
Echinocereus sp.
Hedgehog cactus
Ferocactus wislizenii
Barrel cactus
Fouquieria splendens
Ocotillo
Larrea tridentate
Creosotebush
Mammillaria microcarpa
Pincushion cactus
Olneya tesota
Desert ironwood
Opuntia engelmannii
Prickly pear cactus
Opuntia fulgida
Chain fruit cholla
Opuntia versicolor
Staghorn cholla
Parkinsonia microphylla
Foothills palo verde
Parkinsonia florida
Blue palo verde
Prosopis velutina
Velvet mesquite
Sene alia greggii
Catclaw acacia
Vachellia constricts
White thorn acacia
Significant Cacti and Groups of Trees
The saguaro population appears to have a stable age structure, with many young plants
scattered throughout the site, as well as plants well over 30 feet in height, although the
saguaro population on the property is typical for the area. No unusual groups of native
trees or other native vegetation were noted on the property.
A portion of the site associated with the previous guest ranch facilities contains some
introduced non - native plants such as palm trees, non - native agaves, and ornamental
shrubs.
8B Development Capability Report 11 -25
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Lazy K Bar Ranch Specific Plan
3. Special- Status Plant Species
The U.S. Fish and Wildlife Service (USFWS) identifies five plant species in Pima County
that have protection under the Endangered Species Act (ESA) (Table II.E.3) None of
these species are expected to occur on the property. In addition, the Arizona Game
and Fish Department's (AGED) Heritage Data Management System (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 HDMS also includes records for
numerous other species that do not have Endangered Species Act (ESA) protection
(special- status species), and of lands of environmental concern, such as critical habitat
for species with ESA protection and wildlife linkage corridors. The HDMS does not
include records for any plant species with ESA protection. The summary page from the
HDMS review has been included as Exhibit: II.F.1: AGED Online Environmental
Review.
The HDMS does identify two special- status species within 3 miles of the property; the
Stag -horn Cholla or Opuntia versico /orand the Pima Indian Mallow orAbutilon parishii.
The species are designated salvage restricted (SR), and sensitive (S), salvage
restricted and species of concern (SC) respectively, under the Arizona Native Plant
Law.
Marana's draft Habitat Conservation Plan (HCP) does not include any plant species to
consider.
Table II.E.1 USFWS List of Plant Species for Pima County
Common Name Scientific Name ESA Status
Plants
Acuna cactus
Echinomastus erectocentrus var.
Proposed Endangered
acunensis)
Gooding's onion
Allium gooddingii)
Conservation Agreement
Huachuca water umbel
Lilaeopsis schaffneriana ssp.
Endangered
recurva)
Kearney's blue star
Amsonia kearneyana)
Endangered
Pima pineapple cactus
Coryphantha scheeri var.
Endangered
robustispina)
Nichol Turk's head cactus
Echinocactus horizonthalonius
Endangered
var. nicholii)
2 http: / /www.fws.gov /southwest/es /arizona /Documents /CountyLists /Pima.pdf
8B Development Capability Report 11 -26
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Lazy K Bar Ranch Specific Plan
4. Vegetative Densities by Percentage of Plant Cover
The Pima County GIS (2013) categorizes the upland, Palo Verde — Mixed Cactus
vegetation on the property as medium density, and the Sonoran Riparian Scrub
vegetation along the washes as high density. According to 2013 Pima County GIS
data, the Palo Verde — Mixed Cacti accounts for 112.6 acres and the Sonoran
Riparian Scrub accounts for 12.6 acres. On the site, the high density vegetation
appeared restricted to the limits of the revised IRA. Exhibit II.E.3: Vegetation
Densities, illustrates the vegetative community densities found on the property.
8B Development Capability Report 11 -27
Marana Council Meeting 01/06/2015 Page 157 of 262
Lazy K Bar Ranch Specific Plan
Exhibit 11.E.1: SDCP Vegetative Communities, Associations and Densities
a Ilk
N� o
r)
\ ~
N
r I'
Pima Farms Road
Ik-
•
y �
r
r �� • 1
n -
r
y � r
LEGEND Vegetation Pima County Special Elements
Specific Plan Sonoran Desertscrub Palo Verde - Mixed Cacti (112.6 acres) NORTH 0' 250• 500"
Boundary
now
Parcels Field Verified IRA Sonoran Riparian Scrub (12.6 acres) -- --
FILE NAME, Vegetabon_fix$_MAR- 04_mxd
SOURCEL Pima County GIs, 2013
Development Capability Report II -28
Marana Council Meeting 01/06/2015 Page 158 of 262
Laz K Bar Ranch Specific Plan
Exhibit II.E.2: Site Resource Inventor
SITE RESOURCE INVENTORY
LAZY K BAR RANCH
SRI LEGEND
UNIQUE SIGNIFICANT VEGETATION (NONE)
------ -- - - ---- RIPARIAN AREAS
(FIELDVERIFIEDI
- - - - - - - - - - - 'WILDLIFE CORRIDORS (NONE)
UNIQUE ROCK OUTCROPPINGS
STEE P HI LLS IDE SLOPES > 16% - 2656 SLOPES
I S%
j � L STEEP HILLSIDE SLOPES >25% SLOPES *
FEMA IDO -YEAR REGULATORY FLOOD LIMITS tNONE)
1
5
APPROXIMATE LOCATION • FOR PLANNING PURPOSES ONLY SEE SHEET 4 SEE SHEET - - - - - - - - - - - - - - - - - - - --- - - - - - -- 7-" --------- ----------------------
NOTE: ROCK OUTCROPS IN THE STEEP SLOPES
NOT SHOWN ON PLAN
W.
NDT A PAR-
SEE SHEET
SEE SHEET 7
-
- -- - - --- - - - - - - - - - - - - --- - - - - - - - - - - - - - - - - - - - - - - - - -
SEE SHEET 8 SEE SHEET 8
146.574'
PROJECT LAYOUT
SCALE 1' 20KY
AERIAL 4070 DATE - 20I2
The LAZY
CW #�d W� T Ph�.
WLB
9401 N SCENIC DR
Groupur-m MARANA-ARIZO-N&O5143
I T__., A�— 20,68 7400 _
10 20 20 I
3D 22 29 2
THIS PROJECT M
iNIA FAF&5 Wln
iu
3D 29 2 9 �s
31 32 32 5
:1 LOCATION MAP
LOCATED IN A PORTION OF
SECTION 20, TOWNSH 12 SOUT RAN 12 EAS T.
G ILA & SAL R NE R M € RI DLAN, PIMA COUNTY, AR IZONA
DEVELOPER
MARAZAY HOMES
ATTENTION JEN RUBY
15279 N SCOTTSDALE ROAD 0300
SCOTTSDALE. AZ 85254
PHONE 480 346 2691
SHEET INDEX
SHEET I COVER SHEET
SHEET 2THRU8 AERIAL PHOTO
SITE RESOURCE INVENTORY
LAZY K BAR RANCH
LOCATED IN PORTION OF SECTION 29, TOWNSHIP 12 SOUTH. RANGE '•2 EAST
GILA & SALT RIVER MERIDIAN. PIMA COLNTY, ARIZONA
SITE. RESOURCE INVENTORY
COVER SHEET 113021 AQO 1 "0. L
8
9
Z
w
Development Capabilit Report 11-29
Marana Council Meetin 01/06/2015 Pa 159 of 262
VA
t
SEE SHEET 2
— — SEE SHEET 3
— — — - — — — — - — — — — — - — — — — - - — -
O R
— — — — —
- — - — — - — - — — — — - — — -
---- ---
M 0
M.
j� 5�27 E
FEMA IDO -YEAR REGULATORY FLOOD LIMITS tNONE)
1
5
APPROXIMATE LOCATION • FOR PLANNING PURPOSES ONLY SEE SHEET 4 SEE SHEET - - - - - - - - - - - - - - - - - - - --- - - - - - -- 7-" --------- ----------------------
NOTE: ROCK OUTCROPS IN THE STEEP SLOPES
NOT SHOWN ON PLAN
W.
NDT A PAR-
SEE SHEET
SEE SHEET 7
-
- -- - - --- - - - - - - - - - - - - --- - - - - - - - - - - - - - - - - - - - - - - - - -
SEE SHEET 8 SEE SHEET 8
146.574'
PROJECT LAYOUT
SCALE 1' 20KY
AERIAL 4070 DATE - 20I2
The LAZY
CW #�d W� T Ph�.
WLB
9401 N SCENIC DR
Groupur-m MARANA-ARIZO-N&O5143
I T__., A�— 20,68 7400 _
10 20 20 I
3D 22 29 2
THIS PROJECT M
iNIA FAF&5 Wln
iu
3D 29 2 9 �s
31 32 32 5
:1 LOCATION MAP
LOCATED IN A PORTION OF
SECTION 20, TOWNSH 12 SOUT RAN 12 EAS T.
G ILA & SAL R NE R M € RI DLAN, PIMA COUNTY, AR IZONA
DEVELOPER
MARAZAY HOMES
ATTENTION JEN RUBY
15279 N SCOTTSDALE ROAD 0300
SCOTTSDALE. AZ 85254
PHONE 480 346 2691
SHEET INDEX
SHEET I COVER SHEET
SHEET 2THRU8 AERIAL PHOTO
SITE RESOURCE INVENTORY
LAZY K BAR RANCH
LOCATED IN PORTION OF SECTION 29, TOWNSHIP 12 SOUTH. RANGE '•2 EAST
GILA & SALT RIVER MERIDIAN. PIMA COLNTY, ARIZONA
SITE. RESOURCE INVENTORY
COVER SHEET 113021 AQO 1 "0. L
8
9
Z
w
Development Capabilit Report 11-29
Marana Council Meetin 01/06/2015 Pa 159 of 262
Lazy K Bar Ranch Specific Plan
Exhibit 11.E.3: Vegetation Densities
LEGEND
Specific Plan Boundary High Density
NC)RTH dl' 25(l' 500'
<� Parcels Medium Density , . l
Manicured /Introduced Vegetation Low Density FILE NAME.. Veg_Dens_6x8_MAR- 04.mxd
SOURCE- Pima County GIS, 2013
ffi Development Capability Report 11 -30
Marana Council Meeting 01/06/2015 Page 160 of 262
Lazy K Bar Ranch Specific Plan
F. Wildlife
1. Letter from Habitat Specialist
a. Presence of any State - listed Threatened or Endangered Species
The Sonoran Desert Tortoise (Gopherus morafkai) is a candidate for ESA protection.
The HDMS search found that the tortoise occurs within 3 miles of the property. The
tortoise carries sensitive and wildlife of special concern designations.
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).
8B Development Capability Report 11 -31
Marana Council Meeting 01/06/2015 Page 161 of 262
Laz K Bar Ranch Specific Plan
Exhibit ll.F.1: AGFD Online Environmental Review
The De appreciates the opportunit to provide in-depth commer., inn pro
addiOanal information of errvironrr*ntal documentation becomes available.
Special Status Species Occurrences/Critical Habitat/Tribal Lands within 3
miles of Pro Vicinit
Name
Common Name
FINS
USFS
BLM
State
Abutilon parishm
P1 I TUA Indian Mallow
tic
Co - I rowciod - Tucson Linka
Desi
VOldlit► Corridor
Dendroc biccWor
Fulvous Wbistfin
SC
Glaucidium brasilianum c-actorum
Cactus Ferru P
-3c
AGC
GophefLIS morafkai
Sonoran Desert Tortoise
C A
Wsc
OPLintia versicolor
Sta Cholla
SIR
Tucson - Tortaida - Santa Catalina
Mountains Linka Desi
Wildlite Corridor
2
a
Pro Name: MAH-04
Submitted B Kell Lee
On behalf of: CONSULTING
Pro search ID: 20130603020456
Date.- &312013 10:04-101 AM
Project Cate Development Within Municipalities (Urban
Growth). Residential sin dwellin and associated infraStrLV_-tUre,New
construction
Pro Coordinates ( UTM Zone 12-NAD 83): 486400.745, 3580309.885
meter
Pro Area: 131.991 acres
Pro Perimeter* 3201.910 meter
Count PIMA
USGS 7.5 Minute Quadran ID- 1725
Quadran Name- AURA
.4
Pro localit is currentl bein scoped
Location Accurac Disclaimer
Pro locations are assurne,d to be both precise and
accurate for the purposes of environmental review. The
creator/owner of the Project Review Receipt is solel
responsible for the project location and thus the
correctness of the Project Review Receipt content.
Pa 1 of 7 APPLICATION INITIALS
1�1
Marana Council Meetin 01/06/2015
Development Capabilit Report 11-32
Pa 162 of 262
Arizona's On-linc Em.-ironiiiental Rcvic%N., Tool
Search ID: 20130603020456
Pro ' lect Name: MAR-04
Date: 6`3 2013 10:04-05 AM
Lazy K Bar Ranch Specific Plan
G. Viewsheds
1. Viewsheds Onto and Across the Site
The Lazy K Bar Ranch project area is located on the edge of a developing area within
the Town of Marana limits. Residential developments exist in the vicinity to the north,
south and east of the site, with one residence to the west on the other side of the
mountains in the Avra Valley, almost a half -mile away. Topography within the project
area contains slopes that are greater than 15 percent along the west boundary and in
the southwest portion of the site. Just outside the west boundary, there are steep cliff -
sides and significant topographic features, including a mountain range to the southwest
of the site. The general landscape is dominated by natural desert upland vegetation
with three washes crossing through the project area. Viewsheds onto and across the
site are dominated by mature native trees, cacti, and shrubs. Views of the middle
ground are partially obstructed by vegetation in the foreground. Views of the
background (greater than eight miles) include the Tortolita, Tucson, and Catalina
Mountains.
See Exhibit ll. G.1. a: Photo Key Map and Exhibit ll. G.1. b: Site Photos.
2. Area of High Visibility from Adjacent Off -Site Uses
North: The northern boundary of the specific plan area slopes up to a hillside at the
northwestern corner, which allows for increased visibility south onto the site; the top of
the hill provides increased visibility of homes located just north of the specific plan.
South: The Tucson Mountains, including Brown Mountain, provide increased elevation,
allowing for increased visibility when looking north, across the site; vegetation is not a
limiting factor.
East: The eastern portion of the specific plan area is relatively flat with slightly changing
topography and varying vegetation densities that limit the views to the west.
West: The Tucson Mountains provide increased elevation, allowing for increased
visibility when looking east, across the site; vegetation is not a limiting factor.
See Exhibit ll. G.2: Visibility.
8B Development Capability Report 11 -33
Marana Council Meeting 01/06/2015 Page 163 of 262
Laz K Bar Ranch Specific Plan
Exhibit 11.G.1.a: Photo Ke Map
LEGEND
Specific Plan Boundar
4)0- Photo ID & location photo was taken
NORTH 0 ' 250 500
1
FILE NAME PhctoKeyMap_6x8_MAR-04 mxd
SOURCE- Pima Count DOT GIS, 2013
ffi Development Capabilit Report 11-34
Marana Council Meetin 01/06/2015 Pa 164 of 262
Lazy K Bar Ranch Specific Plan
Exhibit II.G.1.b: Site Photos
r
Photo 1: View looking west onto the site from the Photo 2: View near eastern boundary looking west
eastern property boundary, Scenic Drive. across the site and disturbed area.
I
4 JiF
AP i 4
Photo I View looking north from the eastern Photo 4: View looking southwest from the northeast
portion of the site towards well and water storage. corner of the site.
Photo 5: View looking east from the center of the
site.
WIF I'
� y
4
JLP
AA
Photo 6: View looking north from the northwest
corner of the site.
8B
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Development Capability Report II -35
Page 165 of 262
Lazy K Bar Ranch Specific Plan
Exhibit II.G.1.b: Site Photos, continued
Photo 7: View looking south along the western
boundary from the northwest corner of the site.
Photo 8: View looking northeast from the south -
central part of the site.
Photo 9: View looking east from the eastern portion Photo 10: View looking east from northwestern
of the site. corner of the site.
ROAD
- -• LC - «
M
M
t �
Photo 11: View looking south along Scenic Drive Photos 12: View looking west from a location near
from northeast of the site. the center of the site.
8B
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Development Capability Report II -36
Page 166 of 262
Lazy K Bar Ranch Specific Plan
Exhibit II.G.2: Visibility
ffi Development Capability Report 11 -37
Marana Council Meeting 01/06/2015 Page 167 of 262
LEGEND Visibility
Specific Plan Boundary High NORTH 4' 250' Sao
2' Elevation Contours Medium
Low FILE GAME: visibility _6x8_MAR- 04.mxd
SOURCE: Pima County GIS, 2013
Lazy K Bar Ranch Specific Plan
H. Traffic Circulation and Road System
A Traffic Impact Analysis is being prepared by Southwest Traffic Engineering, LLC and will be
submitted under separate cover.
1. Existing and Proposed Off -Site Streets
Scenic Drive is adjacent to the eastern boundary of the project area. Pima Farms
Road intersects Scenic Drive, providing access to the site from the east.
No off -site roads are proposed as a part of this project. Existing roadways within the
project area are shown on Exhibit H.H. 1: Traffic.
Scenic Drive
Scenic Drive is a 2 -lane minor collector with a 60' right -of -way (R -O -W). The road is
paved north of the Pima Farms Road alignment. However, northbound Scenic Drive
terminates at Pima Farms Road and a small segment of the roadway between there
and the single - family residences to the north is currently closed to thru traffic. North
of the road closure, Scenic Drive continues until it reaches Silverbell Road. South of
Pima Farms Road, Scenic Drive is a 2 -lane dirt road. Southbound Scenic Drive
terminates shortly before entering Saguaro National Park West.
The posted speed limit is 25 MPH. There currently is no average daily trip (ADT)
data for Scenic Drive.
Pima Farms Road
Pima Farms Road is a paved 2 -lane road with a 60' and 67.5' R -O -W. The posted
speed limit is 30 MPH.
ffi Development Capability Report 11 -38
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Laz K Bar Ranch Specific Plan
Exhibit 11.H.1: Traffic
7 NU
o w
eo
TvAn Peaks Road ( 100/150 )
•
%G
� � 4 7 '� �
" win P
0
0
ag
�. /�ry�
X
CD
a) 1?0
'E
U) I Silv
Pima Farms Road ( 67.51X )
76w n M a rain a
Pima Count
0 e *0
LEGEND
Specific Plan Boundar
L One-Mile Radius
Jurisdictional Boundar
Sa National Park
01
L
Bic Routes
Bus Routes ( Sun Tran)
( 1 5011 507 Existin Ri -of Wa
X = No Defined ROW Width
0 Bus Stops
NORTH 0, 1 C.-Io. 3000'
1 MEME
FILL NAME traffic 6x8 MAR-04-mxd
SOURCE Pima County GIS, 2013
ffl
Marana Council Meetin 01/06/2015
Development Capabilit Report 11-39
Pa 169 of 262
,S A"G'UA , R 0/ N,AT 10 N A L j P A R'K'.W,E S T,
Lazy K Bar Ranch Specific Plan
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
Source: Pima Association of Governments (PAG), Town of Marana General Plan, and Site Visit — 3.11.13
ffi Development Capability Report 11 -40
Marana Council Meeting 01/06/2015 Page 170 of 262
Silverbell
Twin
Scenic
Pima
Coachline
Continental
Road
Peaks
Drive
Farms
Blvd
Reserve
Road
Road
Loop
Major Routes
Arterial
Arterial
Minor
Minor
Minor
Minor
Classification
Collector
Collector
Collector
Collector
Existing R.O.W. (Feet)
150 -200
100 -150
60
67.5
90
75
Future R.O.W. (Feet)
150 -200
150
N/A
N/A
90
N/A
Current Number of
4
4
2
2
4
2
Lanes (proposed)
Speed Limit
45
35 -45
25
30 -35
45
45
Ownership
Marana
Marana
Marana
Marana
Marana
Marana
14
7
7
ADT (Source, Year)
(TOM,
(TOM,
N/A
N/A
(PAG,
N/A
2011 )
2011 )
2010
Capacity (Florida
Dept. of
32
15
N/A
15
15
15
Transportation, 2002)
Conforms to Width
Yes
No
Yes
Yes
Yes
Yes
Standards
Surface Conditions
Paved
Paved
Dirt/Paved
Paved
Paved
Paved
Source: Pima Association of Governments (PAG), Town of Marana General Plan, and Site Visit — 3.11.13
ffi Development Capability Report 11 -40
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Lazy K Bar Ranch Specific Plan
3. Roadway Improvements
There are two projects listed in the adopted 2040 Pima Association of Governments
Regional Transportation Plan (PAG RTP) within the project area. Both projects are for
the Twin Peaks Corridor and one has already been completed. These projects are:
• Twin Peaks Road #1 — Sidewinder Lane to Silverbell Road, Widen roadway to
4- lanes, Middle Timeframe (2020- 2030), Pima County, $30,000,000
• Twin Peaks Road #2 — Silverbell Road to new Interstate 10 TI, Construct 4 -lane
roadway and bridge over the Santa Cruz River, Early Timeframe (2010- 2020),
Marana, $21,456,000 — COMPLETED
4. Existing and Proposed Intersections on Arterials within One Mile and Most
Likely to be Used by Traffic from this Site
Pima Farms Road at Continental Reserve Loop will be used by vehicles generated by
the project. Continental Reserve Loop intersects Silverbell Road which acts as the
main arterial for the site and provides access north and south to Twin Peaks Road and
Cortaro Road.
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 that are within one mile of the project site are designated
on the Tucson Bike Map as bike routes. Coachline Road and Continental Reserve
Loop are designated as bike routes with a striped - shoulder. South of the Silverbell
Road and Twin Peaks Road alignment, both roads have a bike route with a striped
shoulder that extends south and east, respectively. North of the intersection of Twin
Peaks Road and Silverbell Road both roads are listed as key connecting streets for
bicyclists. There are no sidewalks adjacent to the project area.
I. Existing Utility Infrastructure
There are 2 wells located on the site or within 100 -feet of the site. A 12 -inch water main exists
within the Pima Farms Road right -of -way east of Lazy K Bar and was installed as an off -site
improvement associated with the development of Ironwood Reserve. The main is stubbed out
to the intersection of Scenic Drive and Pima Farms Road. Public sewer infrastructure exists to
the north and east. Overhead utility lines exist along Pima Farms Road and Scenic Drive.
8B Development Capability Report 11 -41
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Lazy K Bar Ranch Specific Plan
J. Recreation and Trails
1. Open Space, Recreation Facilities, Parks and Trails
As shown on Exhibit H.J.1 there is one park, Continental Reserve Community Park,
within one mile of the project site. The Pima Farms Trailhead Neighborhood Park,
located less than a half mile to the east, is undeveloped and is planned to provide
access to Saguaro National Park West from Continental Reserve. Windmill Park and
Continental Ranch Neighborhood Park are located northeast of the site, approximately
1.1 miles away. Additionally, the proposed Cascada District Park is located
approximately 2.25 miles northeast of the project area. According to the Cascada
Specific Plan, the district park will include sports fields, park amenities such as picnic
areas and an integrated system of trails providing connectivity to the regional trail
system.
According to the Town of Marana's Comprehensive Parks, Trails and Open Space
Master Plan, there are no existing trails within one -mile of the project site.
Approximately one -half mile to the south is the boundary of Saguaro National Park,
which features an extensive trail system. The Pack Rat Trail, Scenic Trail and Passey
Loop Trail are all located in the northeast corner of the park boundary, east of Scenic
Drive. There are multiple proposed trails, including the Anza Trail, within one -mile of
the project site and 3 proposed unpaved, single -track trails, concentrated to the east of
the development. The three single -track trails are clustered around the southern portion
of Ironwood Reserve. There is an existing greenway along Silverbell Road, which is
proposed to extend west along Twin Peaks Road.
There is an existing offsite north -south trail located west of the property boundary which
connects to Sanctuary Cove directly south of Lazy K Bar and eventually to Saguaro
National Park (West) and the Tucson Mountain Park. This trail at the base of the
adjacent rock outcrops traverses rough and rugged, and at times, steep terrain as it
travels further north and especially south toward the base of Sombrero Peak. There
are also several remaining on -site pedestrian and equestrian trails throughout the
property that were used by the ranch and its guests in the past. None of these trails
were ever formally granted public access, nor are they shown on Exhibit H.J. 1:
Recreation and Schools. Existing on -site trails can be seen on the aerial shown in
Exhibit III.E.1: Land Use Concept Plan, which also shows an existing trail leading up
the steep rock cliffs in the southernmost portion of Lazy K Bar that currently connects
the ranch house area with existing off -site trail networks.
8B Development Capability Report 11 -42
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Laz K Bar Ranch Specific Plan
Exhibit _ll._J.1: Recreation and Schools
,, N&scada
O( Park
k' Sc res
Y_
.6A
NA I ON A L/P, A R K W,E ST',-*_2'4,",60 8/acres
LEGEND
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Specific Plan Boundar Existin Parks Existin Trails NORTH
One-Mile Radius Proposed Parks 0 • 0 Proposed Trails FF 0 1500' 3000'
L =No rM===PM
Jurisdictional Boundar Sa National Park
L FILE NAME: schools rec 6x8 MAR-04.mxd
Marana Unified School District Marana Future Trails SOURCL: Pima County UIS, 2013
b
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Elementar
Schoo I
UUindmifil
Park
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ontine tal Reserve
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ffl Development Capabilit Report 11-43
Marana Council Meetin 01/06/2015 Pa 173 of 262
Lazy K Bar Ranch Specific Plan
K. Cultural Resources
1. Location of Resources On -Site
SWCA Environmental Consultants (SWCA) conducted a Class I cultural resources
records review of a 138 -acre property (Lazy K Bar Ranch) in April of 2013. More
specifically, SWCA conducted the review to identify 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.
As part of their research on the property, SWCA consulted the AZSITE database, 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 two archaeological surveys (ASM Accession Nos.
1981- 174.ASM and 1999- 81.ASM) have been conducted in the current project area.
No archaeological sites have been previously recorded within the project area (see
Figure 2). Project 1981- 174.ASM was conducted as part of the Northern Tucson Basin
Surveys (Madsen et al. 1993) and covered the entire current project area. The second
survey, 1999- 81.ASM, was conducted in 1999 by Old Pueblo Archaeology as a part of
the Pima Farms Development Project (Jones 1999) and overlapped the eastern portion
of the current project area. Neither survey identified any cultural resources within the
current project area.
8B Development Capability Report 11 -44
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Lazy K Bar Ranch Specific Plan
L. McHarg Composite Map
Information regarding topography, hydrology, vegetation, wildlife and views has been combined
to form the McHarg Composite Map, displayed as Exhibit 111.1. The purpose of the McHarg
Composite Map is to highlight areas that are available for development. Refer to Section III
Development Plan for more information on how the site plan responds to the site's physical
constraints.
8B Development Capability Report 11 -45
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Laz K Bar Ranch Specific Plan
Exhibit 11.L.1: McHar Composite Map
LEGEND
- j Site Boundar Slope ( 15%-25% ) Visibilit ( Low )
2' Elevation Contour Slope ( >25% ) Note:
FEMA Zone X (outside
Field Verified IRA
.zs Visibilit (Moderate) 100- flood limits) covers
Restricted Peaks and Rid Visibilit (Hi entire map area
NORTH 0 1 250" 50(7
1 1 r =6.==E1 j
FILE NAME: MCHARG EXHIBIT.DWG /8.5X6.5 PIT
ffi Development Capabilit Report 11-46
Marana Council Meetin 01/06/2015 Pa 176 of 262
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Marana Council Meeting 01/06/2015
Page 177 of 262
Lazy K Bar Ranch Specific Plan
A. Purpose and Intent
The Lazy K Bar Ranch Specific Plan establishes the framework for the development of a 138 -
acre 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 Development Plan 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 11.6.1.
B. Design Principles and Vision
The Lazy K Bar Ranch Specific Plan is intended to be developed in keeping with the
following goals and objectives:
• Preserve and feature the natural beauty of the site, including the washes,
riparian areas and rock outcroppings.
• Maximize the spectacular views of Sombrero Peak and the other surrounding
peaks and ridges to the south and west, as well as city views to the east from
all lots throughout the proposed community.
• Minimize cut and fill and avoid development on slope areas to preserve vistas
from other properties.
• Preserve and feature the historic ranching and guest ranch heritage of the site
through preservation of the Mountain Pavilion Terrace (event lawn) and those
portions of the ranch house with the highest historical significance, as well as
through the use of many of the Lazy K Bar Ranch documents, photographs and
objects of interest such as furnishings, a stage coach, signage and other
mementos. These items will be catalogued by the owners of the Ranch.
• Provide a variety of lot sizes and price ranges of homes through a mix of
offerings that are targeted toward "move -up buyers ".
• Offer recreational and social opportunities for a variety of age ranges and needs
through open space, active and passive recreation areas and neighborhood
gathering spaces.
• Provide pathways and trails throughout neighborhood affording pedestrian
connectivity and access to local public trails and the Saguaro National Park.
• Provide buffering for existing residents adjacent to the property through the
provision of natural open space adjacent to these areas and on the north
through adequate grade differential to reduce the visibility of proposed homes
from the sight lines of adjacent residences.
• Focus development on existing disturbed areas and selectively revegetate
previous disturbance where appropriate.
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Lazy K Bar Ranch Specific Plan
• Provide meaningful open space that allows for wildlife movement across the
site while preserving a large portion of the remaining native vegetation.
• Create visually appealing focal points throughout the community.
• Provide view openings of the majestic mountain backdrop to foster a sense of
place and allow for visual amenity.
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.
Lazy K Bar is located within the Planning Area boundary of the Town's General Plan
directly west of 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
the Town's General Plan and Strategic Plan.
The Lazy K Bar Ranch 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
development as a unifying goal to secure Marana's future
Marana's quality 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 for recreation and sport.
Open space, including natural vegetation, provides ecosystem services that reduce
negative storm water runoff effects like erosion, protect wildlife habitat, and improve
water quality by allowing debris and pollution to deposit over undisturbed land.
• General Plan Policy Preserve and protect our natural resources in order to
promote a sustainable community.
• General Plan Action Preserve the Sonoran Desert character by evaluating
appropriate site disturbance standards and preserving native plants.
Specific Plan Conformance: The Lazy K Bar Ranch Specific Plan leaves a
considerable amount of the site undisturbed, preserving nearly 55% of the native
vegetation on -site and minimizing the impact on washes. Similar to the Ironwood
Reserve subdivision to the east, Lazy K Bar will utilize cluster development to avoid
environmentally sensitive areas and provide open space amenity to residents.
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Lazy K Bar Ranch Specific Plan
General Plan Goal, Land Use and Growth Element: Provide opportunities for
diverse developments that maximize the benefits to the community
The provision of a range of housing types and affordability is necessary to create a
thriving community that can accommodate residents of any socio- economic class. By
providing housing for residents of all income levels, 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.
• 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 Develop guidelines for enhancing new development and
mitigating potential impacts on existing neighborhoods.
• 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.
Specific Plan Conformance: Lazy K Bar is located within the Planning Area
Boundary of the Town of Marana's 2010 General Plan and is adjacent to the
Southern Growth Area. The land use designation on the property is Rural Density
Residential, 0.1 -0.5 residences per acre (RAC). The proposed RAC for Lazy K Bar is
1.29 residences per acre. Marana's 2010 General Plan states that a two -step increase
change of the current land use designation will result in a major amendment to the
General Plan. The proposed density of 1.29 RAC is a one -step increase change of the
current land use designation and is therefore considered a minor amendment to the
General Plan. A minor general plan amendment to Master Planning Area to reflect the
proposed "F", Specific Plan zoning is being processed concurrently with this Specific
Plan.
Lazy K Bar will feature high - quality design and development that is compatible with
what exists in the area, as well as a range of lot sizes and housing types to
accommodate homebuyers at varying "move -up buyer" income levels. According to
the 2010 General Plan, there is Rural Density Residential immediately surrounding
the site and the vast majority of land to the east is designated as Master Planned
Area and is developed at higher densities than what is being proposed by this specific
plan. Several residential subdivisions exist within the master planned area east of Lazy
K Bar. The property is positioned west of a single - family residential subdivision,
Ironwood Reserve, and directly south of unsubdivided, single - family residential large
lot homes. To the northeast are the Twin Peaks and the Twin Peaks Highland
subdivisions; both are single - family residential, one- and two - stories. Several other
subdivisions exist east of the site at varying densities.
8B Development Plan 111 -50
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Lazy K Bar Ranch Specific Plan
Table III.C.1: Lot Sizes
Developments
Lot Square Footage
Ironwood Reserve
6
7
12
Lazy K Bar Ranch
(Proposed)
7
9
11
The move -up and second move -up homes proposed for Lazy K Bar Ranch will have
pricing that starts above Continental Reserve and Ironwood Reserve. It is a product
not currently offered in the area and thus meets a plan goal of expanding the upper
end price range of housing offered in the area.
General Plan Goal, Parks and Recreation Element: Provide a system of
developed parks and recreational facilities throughout the community.
Access to parks and recreational facilities is an important part of well- functioning
communities. Given today's sedentary lifestyles, people need 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 their 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.
• 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 Require Homeowner's Associations to maintain 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: Lazy K Bar will feature public trail access and active
recreation areas. Maintenance of the parks and trails within the project will be the
responsibility of the Homeowner's Association, regulated by Covenants, Codes and
Restrictions (CC &Rs). For more information, see section IV. E.1.
ffl Development Plan 111 -51
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Lazy K Bar Ranch Specific Plan
General Plan Goal, Open Space and Trails Element: Protect and preserve natural
open space.
The vast array of wildlife species that persist along the Tucson Mountains help to create
the unique desert landscape so beloved by those in the Town of Marana. Maintaining
critical wildlife habitat and linkages for species movement is an important part of their
persistence in the future, especially considering that each species has its own unique
habitat requirements, migration patterns and range.
• General Plan Policy Develop a connected system of natural open space
preserves that protect wildlife habitat, wildlife linkages, and cultural
resources.
• General Plan Action Preserve, protect, or conserve areas of high -value
habitat and wildlife movement linkages as identified in the Marana Draft
Habitat Conservation Plan (HCP) and the Marana Parks, Recreation, Trails,
and Open Space Master Plan.
• General Plan Action Preserve Natural Undisturbed Open Space (NUOS) to
maintain wildlife access and movement within and through development sites
that are subject to discretionary land use actions, as described in the Draft
HCP.
• General Plan Action Preserve and protect existing natural drainage systems
as identified in the Marana Draft HCP riparian map.
• General Plan Policy Create protected continuous open space linkages and
viable wildlife corridors throughout the community.
• General Plan Action Protect the viability of wildlife corridors mapped in the
Draft HCP, using innovative site planning and design.
Specific Plan Conformance: Lazy K Bar is designed to concentrate grading
activities towards already disturbed areas of the site. Focusing development efforts
away from greenfield development (undisturbed, naturally occurring areas) helps
avoid encroaching onto the streams that traverse the property, protects wildlife
corridors identified in the Town of Marana's Habitat Conservation Plan, and
preserves native vegetation and drainageways. The total amount of open space in
Lazy K Bar is 55 %.
2. Marana Strategic Plan
The Lazy K Bar Ranch Specific Plan is a master planned community in the Town of
Marana consisting of 138 acres of property just west of the Continental Reserve and
Ironwood Reserve residential communities. The purpose of the Specific Plan is to
establish a development plan, regulations and performance standards specific to
providing the flexibility and specificity needed to guide the property's development in a
manner befitting its unique setting and character.
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Lazy K Bar Ranch Specific Plan
The Lazy K Bar Ranch Specific Plan supports the five areas of the Marana Strategic
Plan:
Commerce — Construction of proposed community will provide jobs as well as revenue
to the Town through construction sales tax and development services fees.
Community — This new residential community will provide new housing choices in the
popular Continental Ranch area, attracting new residents to the Town. Offering larger
lots and higher end housing options creates a logical transition in housing product type
and price when moving west through Continental Ranch past the Continental Reserve
and Ironwood Reserve communities. Careful development of the site as a gated
enclave will ensure the preservation of the more environmentally sensitive areas
beyond the site, as well as the suburban lifestyle of existing residents.
Heritage — The historic ranching and guest ranch heritage of the site will live on through
the continued use of the Lazy K Bar name, the preservation of the Mountain Pavilion
Terrace and hardscape, those portions of the original ranch house with the highest
historical significance, and through the use of many of the Lazy K Bar Ranch
documents, photographs, objects of interest, signage and other mementos.
Progress /Innovation — Dedication to a conscientious approach to responsible
development, high - performing homes and cost saving for potential future homebuyers
reflects the intent of the Lazy K Bar Ranch Specific Plan. The community will strive to
incorporate sustainable building practices such as the use of energy efficient
construction materials and appliances as well as innovative site design conservation
techniques to decrease energy usage, minimize impact to the environment, conserve
water and promote healthy lifestyles.
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 natural open space areas and trails. A proposed internal loop trail will connect
to the trail along the northern boundary, offering ample opportunity to enjoy a superb
hike and breathtaking views. Although short, the trail along the northern boundary
proposed for preservation follows a path through an existing stand of saguaros, many
of which will be preserved through the undisturbed open space provided along the
northern boundary. The trail will also be slightly lengthened through the provision of
both an internal trail connection and a public trailhead located at the northeast corner
of Lazy K Bar. The trail along the north boundary will be the only publically accessible
trail located onsite.
D. Compatibility with Adjoining Development and Location Restrictions
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Lazy K Bar Ranch Specific Plan
1. Adjoining Development Compatibility
The specific plan area is located on the western edge of a master planned area with
several subdivisions within one -mile of the project site. The master planned
communities Continental Ranch and Continental Reserve comprise much of the
developed land to the east. Other subdivisions in close proximity to Lazy K Bar include
Ironwood Reserve, Twin Peaks Highland, Silver Moon, Twin Peaks, Sierra Crest,
Sunset Ranch Estates and the Stoneridge subdivision. Coupled with retail and big box
stores near Cortaro Road, these subdivisions lend themselves to improving economic
development within the Town of Marana. Sanctuary Cove, owned and operated by All
Creeds Brotherhood, is a scenic area with trails and a chapel for the public to enjoy.
The chapel is located over 500 feet south of the rock outcrops along the south boundary
of the project area. Ironwood Reserve, a single - family residential subdivision, with one -
and two -story homes and 2.0 RAC, is immediately adjacent to the east of Lazy K Bar.
Similar to Lazy K Bar Ranch, Ironwood Reserve successfully implemented open space
into the subdivision's design while preserving environmentally sensitive areas like
washes running through the site. In comparison, however, Lazy K Bar Ranch will be
less dense with a gross density of 1.29 RAC. Both Twin Peaks and Twin Peaks
Highland, located to the northeast of the site, are single - family residential subdivisions
with one- and two -story homes. The gross density of those two subdivisions is 3.4 and
4.0 RAC, respectively.
E. Land Use Concept Plan
The Lazy K Bar land use concept plan responds to site - specific conditions and environmental
constraints as identified in the site analysis. The plan consists of 178 single - family residential
units with a density of approximately 1.29 designated units per acre (See Exhibit III.E.1: Land
Use Concept Plan). The developer proposes three distinct product types on varying lot sizes
to meet the unique needs, preferences and lifestyles of Arizona homebuyers. The smallest
proposed lot size, located in the eastern portion of the site, is 7,200 square feet with dimensions
of 60'x120. Homes in the middle of the site have a proposed lot size of 9,100 square feet
(70'x130') and the higher elevation lots in the western portion of the site have the largest lot
size; 11,200 square feet with dimensions of 80'x140'. Homes will be limited to single - story.
Consistent with the goal of creating three distinct neighborhoods with individual character, the
developer's product designs will consider current homebuyer lifestyle preferences, timeless
rather than trendy exterior styling, incorporation of popular elements drawn from the developer's
extensive customer experience, and a commitment to crafting inviting neighborhoods and
distinctive places. The developer will build energy efficient homes using innovative construction
techniques and materials.
Lazy K Bar Ranch already exhibits 49% disturbance from previous grading and development.
The greatest areas of disturbance are concentrated around the center of the specific plan site,
extending west and northeast. Currently, the center of the site is dedicated to infrastructure for
supporting ranch operations, including: covered horse stalls and stables for housing livestock,
tack room for storing supplies, housing for staff, casitas for guests, a barn, store and pool to
accommodate guests using the ranch.
8B Development Plan 111 -54
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Lazy K Bar Ranch Specific Plan
The proposed development of Lazy K Bar includes setting aside a large portion, approximately
55% of the total project area for open space. The development is designed to minimize
disturbance of the on -site washes and riparian habitat by limiting development in those areas
to wash crossings for roadways, and focusing residential development on the remainder of the
site and primarily on already disturbed areas. Native plant species left intact will serve as
habitat for Sonoran Desert fauna, providing visual amenity to residents in Lazy K Bar. Every
lot in the community will have a backyard facing natural desert open space; this open space
will be complemented by avoiding development on areas with slopes greater than 15 %,
preserving wildlife corridors, reducing development that encroaches on the two drainageways
that lead out of the specific plan area to the north, and concentrating development on areas
that have already been historically disturbed. A community recreation area, surrounding the
existing ranch house, will serve Lazy K Bar residents along with the other preserved open
spaces and trails. The Lazy K Bar Ranch Specific Plan will safeguard a portion of the historic
nature of the property. The plan preserves, at a minimum, the original stone house portion of
the larger ranch house lodge. This historic structure anchors the community to tie it to the
property and Marana's rich historic past.
The community will be accessed from Pima Farms Road, a 2 -lane minor collector, to the east
of the site. Pima Farms is intersected by Scenic Drive, immediately adjacent to the eastern
boundary of the specific plan. The only point of public access to Lazy K Bar is serviced by Pima
Farms Road; therefore existing residents to the east including those in the Ironwood Reserve
development will be affected by traffic from Lazy K Bar. By driving towards Silverbell Road,
away from the site, Lazy K Bar residents will have access to Interstate 10 and other north -south
major arterials, providing a range of alternate routes for shopping, work, and leisure activities.
Table 111.E: Land Use Data
Area Description
Area
Percent Area
(acres)
Total Site Area
138.2
100
Residential Lots
45.79
33.1
OPEN SPACE
76.01
55
• N.U.O.S.
34.55
25.0
• General Open Space
39.08
28.3
• Recreation Area
2.38
1.7
Private Streets
16.40
11.9
ffl Development Plan 111 -55
Marana Council Meeting 01/06/2015 Page 185 of 262
Lazy K Bar Ranch Specific Plan
2,G10.79
� ■ � � � �i � � � r � � � � � � � � � � � � � � � � r r s �,. �� i • • • y - PROPOSED
TRAIL.HEAD
• • • • • • • • • • • • • • • • ! • • • • • • • • • • • • • • • • ! • ! • •• • • • • • • • ! • •! _ ` -- _,' o &POTENTIAL
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Exhibit III.E.1: Land Use Concept Plan
END
� m m � PROPERTY BOUNDARY
------------- - - - - -- IMPORTANT RIPARIAN AREA (IRA)
304' SETBACK: PROTECTED PEAKS
AND RIDGES
00000000 PUBLIC TRAIL (FUTURE TRAIL EASEMENT 1)
PRIVATE TRAIL
NATURAL PATH (4')
SIDEWALK (4')
}] CURB RAMP
+� RECREATION AREA = 2.38 AC
OPEN SPACE
RESIDENTIAL AREA, 80'140'= 66 LOTS
RESIDENTIAL AREA, 70'X130' = 45 LOTS
RESIDENTIAL AREA, 60'X120' = 67 LOTS
TOTAL LOTS = 178
NOTES
1. AREA OF SUBJECT PROPERTY= 138.2 AC
2.
3.
4.
5.
6.
LAZY K BAR RANCH
EXISTING ZONING = RECREATIONAL RESORT
PROPOSED ZONING = LAZY K BAR RANCH SPECIFIC PLAN
OPEN SPACE (OS) = 76.01 AC, 55% OF SITE
NUOS = APPROX 25% OF SITE
RESIDENTIAL AREA (RA) = 62.19 AC, 45% SITE
. xa
THEPLANNING
GY<O.IF,7 Lk l f AIF�M112;14
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Development Plan III -56
Marana Council Meeting 01/06/2015 Page 186 of 262
Lazy K Bar Ranch Specific Plan
F. Circulation Plan
Ingress /Egress will be provided at a main gated location at Pima Farms Road and Scenic Drive.
It is approximately 1.25 miles from Silverbell Road. A gated egress -only street, which will be
the full proposed right -of -way width, is located at the northeastern corner of the site, providing
a secondary access to Scenic Drive. All electronically controlled access gates including the
main gate, shall be provided with an optical pre - emptive device with key switch back up
approved by the fire code official. In accordance with the 2012 International Fire Code, the
developer will also be responsible for installing no parking signage in accordance with the fire
code and inclusion of the optical pre - emptive device and key switch for all street sections not
meeting minimum widths including all cul -de -sac turnarounds. Either minor modifications to
the proposed road layout will be needed to meet the separation requirements for fire apparatus
access roads outlined in Section D 107.1 of the 2012 International Fire Code or all new homes
will be equipped with an automatic fire sprinkler system to qualify for the design exception in
the adopted fire code.
Interstate 10 is approximately 3 miles east of the site. North /south movements can be made
by utilizing Scenic Drive (southbound travel terminates at base of the Tucson Mountains) or
Silverbell Road to the east of the site. There are no off -site right -of -ways proposed for the
site because access is already established through Pima Farms Road, with more than
adequate existing capacity.
It is worth noting that the average daily trips (ADT) entering and exiting Lazy K Bar Ranch
based on 178 single - family detached homes is vastly lower than the ADT associated with a
600 -room hotel. The current zoning designation of Resort and Recreation would allow a
600 -room hotel or resort on the property. According to the 9t Edition of the Institute of Traffic
Engineers (ITE) Trip Generation Manual, a 600 -room hotel would result in 5,352 vehicle trips
per day (solely for the hotel, without consideration of activities geared toward non - overnight
guests in the ballrooms and restaurants) compared to 1,780 daily trips for 178 single - family
detached residences.
In order to improve regional circulation and to enhance project access, a 60 foot right of way will
be dedicated along the eastern boundary of the project to provide for the reconnection of Scenic
Drive to Pima Farms Road. The developer will enter into a development agreement with the
Town of Marana providing for the developer to construct a new 24 foot width two lane public
roadway connecting Pima Farms Road to Silverbell Road. The development agreement will
additionally provide for reimbursement for a portion of the costs associated with constructing the
new roadway and will additionally provide for construction of an earthen trail along Scenic Drive
and for a public trail easement within the project.
A Traffic Impact Analysis was prepared by Southwest Traffic Engineering, LLC and submitted
under separate cover.
Development Plan III -57
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Lazy K Bar Ranch Specific Plan
G. Grading Element
Grading is directed to selected areas of the Lazy K Bar Ranch Specific Plan project area. After
85 years of intense guest ranch use on this site, it is impossible to credibly identify any
significant undisturbed areas on this property. Grading will impact 45% of the site, leaving
approximately 55% of the specific plan area undeveloped. The following indicates the size of
each area graded and the percentage of the site. The overall allowable grading and related
disturbance includes internal roadways and their right -of -way, building pads, driveways,
accessory structures, utility crossings of natural washes, emergency access and other areas
needed for infrastructure and utilities. Barriers such as temporary yellow rope or similar
methods will be provided for machinery in order to ensure that the grading limits will not be
exceeded and will be constrained to the areas designated for disturbance. The grading will be
done in conformance with the Land Use Concept Plan and the Development Regulations of
Lazy K Bar. In accordance with Title 25 of the Town of Marana Land Development Code, a
Stormwater Pollution Prevention Plan (SWPPP) and Notice of Intent (NOI) to ADEQ for
coverage under the Arizona Pollution Discharge Elimination System (AZPDES) Construction
General Permit is required and will be submitted to the Town for review and acceptance prior
to commencement of grading activities.
H. Post Development Hydrology
1. Land Use Concept Plan Response to Hydrologic Characteristics:
The primary design components for the project drainage structures will be for the
facilities to convey off -site drainage through the project site. The project will utilize
constructed channels or storm drain pipes and on -site detention basins. Ultimately, on-
site stormwater runoff to the downstream project boundaries will be conveyed in a way
that closely mimics existing drainage patterns. Finished floor elevations will be one foot
above the established base flood elevations of adjacent floodplains.
The off-site flows from the Tucson Mountain watersheds will be collected in channels
directing the runoff around the project site. The post - developed 100 -year floodplains
within the project boundaries will be contained within the constructed channel. These
channels will vary in depth from 3 to 6 feet below existing grade and have a longitudinal
slope greater than 0.5% (min). The channels will have side slopes ranging from 3:1 to
1:1. For the slopes steeper than 3:1 or greater, slope protection such as dumped rock,
gunite or grouted rock riprap will be provided for erosion control (See Exhibit 111.H. 1:
Post - Development Hydrology). The constructed channels will direct the stormwater
flows to the northeast corner of the project site where it uniformly sheetflows off the
project site into natural channels.
This project is located within The Town of Marana and is required to comply with all
drainage requirements set forth by the Town. This project is located within a balanced
basin. As a result of being in a balanced basin, reduction of the post - developed runoff,
to pre - developed levels, by means of retention and /or detention will be required for this
Development Plan III -58
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Lazy K Bar Ranch Specific Plan
project to the extent necessary to ensure that, at a minimum, the post - development 2 -,
10 -, and 100 -year peak discharges from the site will not exceed the pre - development
conditions. Also, the project is a residential development larger than one acre in size,
but has a density less than three units per developed acre. Therefore, the project site
will not be required to meet the design requirements for the 5 -yr threshold retention.
The detention volumes for the project will be addressed during the platting and
improvements plans within the Lazy K Bar Ranch Specific Plan area. A master
drainage report will be a requirement for the development of this project.
2. Information and Substantiation for Encroachment /Modification of
Drainage Patterns:
The project site is located in a Zone X as illustrated on the Revised Preliminary Flood
Insurance Rate Map (FIRM) panel 04019C1 650L, June 16, 2011 (see Exhibit II.D.2.b.1:
FEMA FIRM). Although there is no on -site FEMA floodplain encroachments; according
to the Town Of Marana Floodplain Ordinance, all non -FEMA washes greater than 50
cfs need to be mapped on -site for stormwater flows exiting and entering the project site.
The encroachments into these non -FEMA floodplains for purposes of this ordinance,
adversely affects means that the cumulative effect of the proposed development, when
combined with all other existing and anticipated development, will increase the water
surface elevation of the base flood more than one (1) foot where the owner of the land
doing the development owns both sides of the floodplain and no more than 0.1 foot
where only one side is owned. In no case shall the development increase the water
surface elevation more than 0.1 foot on the properties owned by others that are located
upstream and downstream.
3. Potential Drainage Impacts to Off -Site Land Use Upstream and
Downstream:
The post - developed stormwater runoff discharges will be the same as it is under
existing conditions. The channelization of the off -site stormwater flows will concentrate
the stormwater within the channel. These channels will be designed to release the
stormwater downstream mimicking the existing floodplain width, depth, and velocity.
The peak discharge flow rates exiting the project site will not increase since the project
will comply with the Town of Marana retention /detention requirements. This
development will not increase the water surface elevation to downstream facilities more
than 0.1 foot.
4. Engineering and Design Features to be used to Address Drainage and
Erosion Problems:
The lot layout was designed to largely maintain existing drainage patterns. No lots shall
be platted within the locally regulated, developed conditions floodplain or erosion
hazard setback areas as delineated in the final accepted drainage report. The
maximum increase in the existing water surface elevations due to encroachment is
Development Plan III -59
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Lazy K Bar Ranch Specific Plan
limited to one (1) foot where the owner of the land doing the development owns both
sides of the floodplain and no more than 0.1 foot where only one side is owned. Surface
drainage will be prohibited from draining onto the roadway surfaces within Lazy K Bar.
The conveyance of runoff through the proposed development will be accomplished by
a system of concrete, metal or H.D.P.E. pipes and concrete box culverts, channels,
catch basins, sidewalk scuppers, and retention /detention basins. All hydraulic
structures, constructed drainage channels, and retention /detention basins will be
calculated in conjunction with the platting and improvement plans. Riprap aprons may
be used to control erosion at culverts, channels, or basin outlets. Vegetation may also
be used to enhance channels, but preservation of natural channels is not possible since
none exist on the site.
5. Land Use Concept Plan Conformance with Area Plan, Basin Management
Plans and Town Policies:
The design and management of all hydraulic structures and facilities will be in
compliance with the Town of Marana drainage standards and policies. The
development will not adversely impact the parcels up and downstream of the site and
retention will be provided.
Development Plan III -60
Marana Council Meeting 01/06/2015 Page 190 of 262
o -
N �
W 3
N
Lazy K Bar Ranch Specific Plan
I. Environmental Resources
1. Waters of the United States
The applicant is currently preparing a request to the U.S. Army Corps of Engineers
(Corps) to make a determination of the jurisdictional status of drainage features on the
property 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). If a Corps of Engineers 404 Clean Water Permit is
required, the project will have a federal nexus and all cultural resource reviews will need
to be sent to the State Historic Preservation Office (SHPO) for review. Grading permits
will not be issued by the Town until it is determined that all federal permit requirements
have been met.
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
The site has been designed to preserve remnant wash areas and vegetation that may
be utilized as corridors for the movement of wildlife. To enable wildlife use of the
washes, culverts shall be sized to accommodate smaller wildlife species. 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 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. Thirty days
before grading, a 100% area survey must be completed, by a qualified wildlife biologist,
for the Sonoran Desert Tortoise, with a copy of the survey form sent to the Town prior
to issuance of a grading permit.
J. Landscape &Buffering
The overall landscape theme will reflect the best attributes of the Sonoran Desert and the site's
surrounding environment. Native and low -water use plant material (that is deemed non-
invasive in character), as well as regionally appropriate hardscape materials will be used within
the park, landscape buffers, and common areas. Nearly 55 percent of the site will be preserved.
3 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.
Development Plan III -62
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Lazy K Bar Ranch Specific Plan
Buffers and common areas will reflect the plant palette and appearance of the native desert
that dominates the site and honor the cultural and historical relevance of the previous Lazy K
Bar. All planting in common areas as well as on private property will adhere to the Lazy K Bar
Prohibited Plant List (Table III.J).
Residents and visitors to the Lazy K Bar community will be greeted by a mixture of rustic
amenities and materials aesthetically balanced with the appropriate low water use vegetation.
Landscape amenities may include items such as:
• Custom gated entry (reflecting cultural heritage of the ranch)
• Landscaped roadways and medians
• Lazy K Bar Community Ranch House (preserved original stone ranch house)
• Lazy K Bar Mountain Pavilion Terrace (event lawn) preserved for gatherings
• Pathways and trails throughout neighborhoods providing pedestrian access throughout
the entire community
To the extent practical, the majestic views of the surrounding rock formations, Tucson
Mountains, and the city lights will be preserved and given high priority.
The conservation of water will be an important priority with the landscape design. Underground
drip irrigation will serve the low water use plants within the park and selected common areas.
Screening will be accomplished through the use of preserved and planted vegetation as well
as site layout and orientation. Homes backing up to natural areas with sufficient existing
vegetation and screening will have the option of installing view fences along the rear of the lot.
Lazy K Bar development shall prohibit the planting of desert adapted plant species that have
been proven to have the potential for invasive characteristics. Such plants shall be prohibited
in public common areas as well as on private property (front, back or side yards).
The following plant species are prohibited in Lazy K Bar development within common areas
and private areas for both environmental and aesthetic reasons.
Development Plan III -63
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Lazy K Bar Ranch Specific Plan
Table III.J: Lazy K Bar Prohibited Plant List
Botanical Name
Common Name
TREES
Ailanthus altissima
Tree of Heaven
Cedrus sp.
Cedars
Cupressus semperviren
Cypress
Eucalyptus sp.
Eucalyptus
Gleditsia triachanthos inermis
Honey Locust
Grevillea robusta
Silk Oak
Olea europaea
Olives
Oleander sp.
Oleander
Parkinsonia sp. (non- natives)
Non - native Palo- Verdes
Phoenix sp.
Date Palms
Pin us sp.
Pine Trees
Populus Sp.
Cottonwood Trees
Proposis sp. (non- natives)
Chilean, Argentinean or hybrid Mesquites
Rhus lancea
African Sumac
Tamarix aphylla
Athel
Tamarix ramosissima
Salt Cedar
Washintonia sp.
Fan Palms
SBRUBS /ACCENTS
Non - native Ice Plants
Arundo donax
Giant Reed
Asteraceae sp.
African Dais
Baccharis sp.
Desert Broom
Brassica tournefortii
Sahara or African mustard
Bromus rubens
Red Brome
Caesalpinia gillesii
Yellow Bird of Paradise
Caesalpinia pulcherimia
Red Bird of Paradise
Casuarina sp.
Beefwood
Centaurea melitensis
Malta starthistle
Cortaderia selloana
Pampas Grass
Cynodon dactylon
Non-hybrid bermuda
Eragrostis lehmanniana
Lehmann love grass
Eragrostis barrelieri
Mediterranean grass
Erodium sp.
Filaree
Hydrilla sp.
H d ri I l a
Lantana camara
Lantana
Myriophyllum aquaticum
Feather Top or Parrott Feather
Myriophyllum spicatum
Eurasian watermilfoil
Peganum harmala
African Rue
Pennisetum ciliare
Buffel rass
Pennisetum setaceum
Fountain Grass
Development Plan III -64
Marana Council Meeting 01/06/2015 Page 194 of 262
Lazy K Bar Ranch Specific Plan
Pennisetum sp.
Pe n n i setu m
Rhynchelytrum repens
Natal grass
Salvinia molesta
Giant salvinia
Schismus arabicus
Arabian grass
Sorghum halepense
Johnson grass
The vetia sp.
Thevetia
Vinca Minor
Periwinkle
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 the site's topography, hydrology, and the riparian
washes running through the site.
Development Plan III -65
Marana Council Meeting 01/06/2015 Page 195 of 262
Laz K Bar Ranch Specific Plan
Exhibit 111.J.1: Landscape and Bufferin
2,610,79'
PRO P OSED,.
TRAIL
As LAN DSCAPE BUFFERS &
0* 100'LANDSCAP BUFFER
--, /* 0! & POTENTIAL
PA
0008906*680 0 1, 61 _ E 0 0 RKING HISTORIC OPEN SPACE • LEGEND �j �! ff ~ �� -- EGRESS ONLY
'NORTHBOUND.
(SCENIC DRIVE
PROPERTY BOUNDARY
0 -- ----- N
------------- $'OPEN)' OUTHBOU D ------------------- IMPORTANT RIPARIAN AREA (IRA)
---------------------------
HEAD
300'SETBACK: PROTECTED PEAKS
AND RIDGES
DEDICATION
F-1
[SCE DRIVE) ***ease& TRAIL: PUBLIC (FUTURE TRAIL EASEMENT 1)
f
TRAIL' PRIVATE
---- --------- ' /' - -� -- � NATURAL PATH (4')
r ', 1� y -~ -� -" ' r " I �i r r f �1 1 - -- - - ■ o .. ± HISTORICALLY DISTURBED AREA:
A ' ! I /� \ Y // { ��-` I , ; r .� ,•.. APPROX 67 AC
" -- 1 r -_� ` HISTORICALLY UNDISTURBED AREA: APPROX 71AC
M � r � ; r r ` , _ '� � - -- �- � _ -- .� � LANDSCAPE BUFFER
5 BUFFER
>/ <
< PIMA FARMS ROAD
"w X jL
r LLJ
7xJ7 &AUX146
: F
\
z ` HISTORICALLY DISTURBED AREA:-(TY�F) NOTES
79 1. AREA OF SUBJECT PROPERTY 7138.2AC
2. EXISTING ZONING= RECREATIONAL RESORT
\< /> J —_j 3 PROPOSED ZONING = LAZY K BAR RANCH SPECIFIC PLAN
4. OPEN SPACE (OS) = 76.01 AC, 55% OF SITE
T-7 T —7 T T-7 T —F 1 5 NUOS = APPROX 25% OF SITE
_ r / \ �r� 1 _( - >
A --L 6 RESIDENTIAL AREA (RA) 62-19 AC;, 45% SITE
5r 5
100 LANDSCAPE BUFFER 6u 4-
330.99'
%
LAZY K BAR RANCH
C . 100. 203'
TFiEPLANNINGCENTER
11LEN-1i LKW d.---
Development Plan 111-66
Marana Council Meetin 01/06/2015 Pa 196 of 262
Lazy K Bar Ranch Specific Plan
K. Cultural Resources
On April 8, 2013, SWCA, Inc., Environmental Consultants conducted an archaeological survey
of approximately 138 acres of the subject property. Prior to fieldwork, SWCA conducted a site
field search of the on-line AZSITE database for records of previously conducted cultural surveys
and known archaeological sites within or near the project area. The search revealed that the
project area had previously been surveyed twice, in 1981 and 1999. No previously recorded
sites were located within the parcel. SWCA recommends no further archaeological work for
the surveyed parcel.
Although no archaeological sites were discovered on the property, the developer plans to
preserve cultural artifacts representative of the site's heritage as a ranch and homestead.
Some features, such as the bench with stagecoach wheels, may serve as functional
components for the use and enjoyment of community residents. Others items such as the
blacksmith's anvil with stand or the horse drawn coach, may be on display in the outdoor
recreational areas to provide historic interpretation of the Lazy K Bar heritage. The original
stone ranch house, which is being preserved on -site, may also display historic photographs,
wrought -iron ranch implements, antique furniture and light fixtures (wagon wheel chandeliers)
and historic signage.
L. Utilities
1. Water
As shown on Exhibit 11.6.4. Existing Land Uses, there are 2 wells located on the site or
within 100 -feet of the site. The water supply for the Lazy K Bar site will be provided by
the Town of Marana 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 111.L.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.
A 12 -inch main exists within the Pima Farms Road right -of -way east of Lazy K Bar. This
main was installed as an off -site improvement associated with the development of
Ironwood Reserve. The main is stubbed out to the intersection of Scenic Drive and
Pima Farms Road and is intended to serve development up to an approximate elevation
of 2216 -feet. Construction of a booster station is anticipated to be necessary to serve
the higher elevation portion of the site.
Fire flow for residential construction shall be provided by fire hydrants that have been
designed, installed, tested and approved for delivering the minimum fire flow as required
by Section B 105.1 of the 2012 International Fire Code prior to the introduction of
combustible construction on the site.
Development Plan III -67
Marana Council Meeting 01/06/2015 Page 197 of 262
Laz K Bar Ranch Specific Plan
Exhibit 111.L.1: Water Service Letter
n
MARANA
TOWN OF MARANA
WATER DEPARTMENT
Ma 9, 2013
Jason Weber
Maraca Homes
15160 N. Ha Rd.
Scottsdale., AZ 85260
Project: Laz K Bar Ranch
142.36 acres
Dear N-ir. Weber:
WATER SUPPLY
The Town of Marana has been desi b die State of Arizona, Department of Water Resources, as
havin an assured water suppl This does not mean that. water service is currentl available to the
proposed development. The development lies boundar of the Town of Marana water service area.
Therefore, water SLI 1 1 P IN' is assured.
WATER SERVICE
The approval of water meter applications is subject to the availabilit of water service at the time fin
application is made. The developer shall be re to subtnit a water development a
identif water LISe, fire flomp re and all ma on-site and off-site water facilities.
The developer small construct a water distribution s to serve the development and transfer title of
the s to the Town of Marana, in consideration the Town of'Marana shall operate, maintain and
service the s The developer shall have the cost responsibilit to construct both the onsite and
offsite facilities re to serve the potable water and fire protection demands for y our development.
The comments herein made are valid for a period of one y ear onl If y ou have anv q uestions, please call
Our office at 520-382-2570.
Sincerel
John Kmiec
Utilities Director
5100 W INA ROAD = TUCSON, ARIZONA 85743 = PH: (520) 382-2570 = FAX 382-2590 TTY: 382-3499
Development Plan 111-68
Marana Council Meetin 01/06/2015 Pa 198 of 262
Lazy K Bar Ranch Specific Plan
2. Wastewater
The plan is to be served by public sewer. The project site is tributary to the Ina Road
Wastewater Reclamation Facility, via the Continental Ranch Interceptor. There are a
few apparent options available to provide sewer service for the Lazy K Bar project.
The first option is construct approximately 3,200 lineal feet of 8 -inch sewer north within
the Scenic Drive alignment and tie into the 8 -inch sewer (G -97 -128) stub constructed
as part of the Twin Peaks subdivision. This option allows the entire Lazy K Bar project
to be served by the construction of only one outFall off -site sewer line. Capacity within
the G -97 -128 line will need to be confirmed. This option is the most straightforward
approach to providing sewer service to Lazy K Bar.
The second option is to tie into the 10 -inch gravity main sewer (Manhole #4431 -33) line,
G- 2000 -001 at the intersection of Sand Dune Place and Pima Farms Road. This option
requires constructing approximately 2,700 lineal feet of 10 -inch sewer within Pima
Farms Road. The majority of Lazy K Bar can be served by constructing this off -site
line. There are, however, approximately 50 lots within the northeast corner of Lazy K
Bar that will likely be too low in elevation to be served by this outfall sewer. We
understand that capacity is limited within the 8 -inch sewer G- 2004 -054 within Ironwood
Reserve. Connection to this sewer through the Ironwood Reserve common area may
be a viable alternative to constructing the Option One Scenic Drive sewer to serve the
lots in the northeast corner of Lazy K Bar. The G- 2004 -054 sewer appears to be of
sufficient depth and the Ironwood Reserve common area allows for public sewer
installation as stated within the Final Plat dedication language. A thorough review of
the conservation easement and Pima Farms Road vegetation buffer dedication
language should be conducted to confirm feasibility for this option.
A Sewer Service Agreement will be needed prior to development, see Exhibit
111. L. 2. a: Existing Sewer Facilities and Exhibit 111. L. 2. b: Wastewater Capacity
Response. The sewer master plan and agreement will be reviewed and approved
by Pima Regional Wastewater Reclamation Department.
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.
Development Plan III -69
Marana Council Meeting 01/06/2015 Page 199 of 262
Lazy K Bar Ranch Specific Plan
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.
Development Plan III -70
Marana Council Meeting 01/06/2015 Page 200 of 262
Lazy K Bar Ranch Specific Plan
Exhibit III.L.2.a: Existing Sewer Facilities
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FILE NAME: ublit,es 6x8 MAR- 04.mxd
SOURCE, Pima County GIS, 2413
U
Marana Council Meeting 01/06/2015
Development Plan III -71
Page 201 of 262
Laz K Bar Ranch Specific Plan
Exhibit III.L.2.b: Wastewater Capacit Response
Pima Count
Re Wastewater Reclamation Department
201 N. Szofie Ave., 8" Floor
jackson enkins Tucson, Arizona 85701 Website,
Director ( 520 ) 724-6500 htt
Ma 22. 2013
Linda Thompson
The WILB Group
4444 E. Broadwa
Tucson, AZ 85711
Sewera Capacit Investi No.1 3-108 T I
RE, Laz K Bar Ranch, 209 Residential Lots on Parcel # 221-22-0136, -013E & -013F
Projected ADWF of 45,144 g pd.
Greetin
The above referenced project is tributar to the Ina Road Wastewater Reclamation Facilit via the
Continental Ranch Interceptor.
Capacit is not available for the flows from this proposed development in the 8-Inch public sewer G-
2004-052 Flows can be accommodated in the 10-inch public sewer G-2000-001 downstr-mam from
manhole #4431-33. at Pima Farms Road and Sand Dune Place The developer will need to extend the
public sewer approximatel 2,700 feet to the project_
This letter is not a reservation or commitment of treatment or conve capacit for this pro It is
an anal of the s and valid for one y ear. A T 11 Response is re prior to submittal of the
development plan or tentative plat. Allocation is made b the T III Capacit Response,
If further information is needed, please feel free to contact us at ( 520) 740-6534-
e espe
spe
en F P
PCRWRD NPIan � Section
BF-ks
c.- T12S, R12E, Sec. 29
Development Plan 111-72
Marana Council Meetin 01/06/2015 Pa 202 of 262
Lazy K Bar Ranch Specific Plan
M. Public Services
1. Police Service
The project site will utilize the Town of Marana's police service. The nearest Town of
Marana police station is the Town of Marana Police Headquarters located
approximately 7.2 miles northwest of the project site at 11555 West Civic Center Drive.
2. Schools
It is anticipated that this project will generate approximately 178 residential units if fully
developed at the target residential densities. Lazy K Bar 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 178) = 45 students
Junior High &High School: 0.10 students per home (0.10 x 178) = 18 students
The site will be served by Marana High School, Marana Middle School and either
Rattlesnake Ridge Elementary or Twin Peaks Elementary.
There are two public schools within one -mile of the project site and one private school,
Redeemer Lutheran School located approximately one half -mile mile east of the site at
8845 N. Silverbell Road. See Exhibit II.J.1: Recreation and Schools. The nearest public
schools are Twin Peaks Elementary School, located approximately 0.8 miles from the
project area at 7995 W. Twin Peaks Road, and Rattlesnake Ridge Elementary School
located approximately 0.9 miles from Lazy K Bar at 8500 N. Continental Reserve Loop;
both schools serve grades K -6.
Table III.M.2: School Capacities & Enrollments
School
School
Capacity
Current Enrollment
(2013 -2014)
Marana High School
1900 -2200
1864
Marana Middle School
1200
1150
Rattlesnake Ridge Elementary
800+
660
Development Plan III -73
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Lazy K Bar Ranch Specific Plan
Twin Peaks Elementary
800+
510
Redeemer Lutheran School
200
135
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.M.3: Fire Service, the nearest fire station (Northwest Fire
District Station #334) is located at 8165 N. Wade Road, approximately 1.55 miles east
of the project site.
Development Plan III -74
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Laz K Bar Ranch Specific Plan
Exhibit 11I.M.1 Fire Service
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Specific Plan Boundary
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Northwest Fire District
Fire Stations
NORTH 0 - 1.500 3,000'
FILE NAME 1`AAR-04_pubhc_facddies.mxd
SOURCE: Pima Count GIS, 2013
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Development Plan 111-75
Marana Council Meetin 01/06/2015 Pa 205 of 262
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Lazy K Bar Ranch Specific Plan
A. Purpose and Intent
These regulations will serve as the primary mechanism for the implementation of the Lazy K
Bar Ranch Specific Plan. The Lazy K Bar Ranch Specific Plan Development Regulations apply
to the development of buildings, landscape borders and performance criteria for all permitted
uses within the Specific Plan. The regulations contained within this section provide visual
mitigation strategies to ensure appropriate transitioning to surrounding development.
These development regulations apply to the 138 acres of land in the Lazy K Bar Ranch Specific
Plan. Land use designations within the Specific Plan shall be as follows:
• Residential Area (RA)
• Open Space (OS)
The development regulations will govern and provide regulatory zoning provisions for the land
use intensities and location criteria within the Lazy K Bar Ranch Specific Plan. This section
includes standards related to land use, building setbacks, height restrictions and lot coverage.
The intent of these standards is to establish clear minimum development regulations, 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, 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.
Development Regulations IV -77
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Lazy K Bar Ranch Specific Plan
C. Development Standards
1. Land Use Standards
a. Residential Area Designation (RA)
Residential Area regulations shall apply to the Residential Area Designation
(total land outside of the open space (OS) Area). The lands within the
Residential areas may be developed with the following permitted uses.
Permitted Uses:
• Site Built Single - Family Detached Residential Dwelling Units
• Community Recreation Facilities
• Parking
• Utilities
• Emergency Access Drive
• Community Buildings
Accessory Uses:
Accessory buildings located on the same lot within the permitted dwelling,
provided that any permanent building or structure shall be harmonious with
the architectural style of the main building and further provided that all
residential uses are compatible with the residential character of the
neighborhood.
• Children's playhouse
• Greenhouse
• Non - commercial hobby shops
• Patios and cabanas
• Swimming pools, spas and related structures
• Tool sheds
• Guest casitas
Project Accessory Uses:
• One temporary nursery
• Neighborhood Park and other recreational uses
Development Standards Residential
• Minimum Lot Area: 7,200 sf
• Minimum Lot Width: 60 feet
• Minimum Lot Depth: 120 feet
• Minimum Building Separation: 10 feet (if the adopted fire code requires a
separation of more than 10 feet, the greater distance will apply)
• Minimum Setbacks:
• Front yard: 20 feet from the property line to face of garage; 10 feet for
side entry garages and /or livable and architectural components
• Side yard: 5 feet
• Street side yard: 10 feet
• Rear yard: 15 feet
Development Regulations IV -78
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Lazy K Bar Ranch Specific Plan
• Maximum Building Height: 20 feet
• Maximum Lot Coverage: 70%
• Maximum Number of Lots: 178
b. Open Space (OS)
Open Space regulations shall apply to the Open Space Designation (total
land outside of the developed portion of the RA Area). Not all lands within the
Open Space areas will be preserved as natural areas. Some will be
developed as usable open space.
Permitted Uses:
• Trails
• Stormwater Basin
• Landscaping /Revegetation
• Utility Crossings
Project Accessory Uses:
• Community recreation uses, including tennis courts, recreation
building patio shelters and other community facilities common to a
homeowner association
• One temporary nursery
• Neighborhood Park and other recreational uses
• Trails
Environmental Standards
• Natural Open Space Areas of vegetation designated to be preserved
shall be protected during grading and construction activities by
fencing and flagging.
Maintenance
• A Homeowners Association regulated by CC &R's shall manage all
Open Space areas and undeveloped Residential Areas to ensure
continued preservation of these lands.
Development Standards- Open Space
• Minimum Lot Area: None
• Minimum Lot Width: None
• Minimum Lot Depth: None
• Maximum Lot Coverage: None
Development Regulations IV -79
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Lazy K Bar Ranch Specific Plan
2. Landscaping
Natural open space will cover nearly 55 percent of the site. The majority of the
Landscape Buffers will be comprised of Natural Desert. Disturbed areas will be
revegetated with native and low water use plants.
a. Landscape Buffers will be comprised of natural desert and revegetated areas
consisting of regionally appropriate and predominately native species. See Table
III.J: Lazy K Bar Prohibited Plant List. A mixture of upper story (trees) and middle
and lower story (shrubs) will be used to closely mimic the natural vegetative
patterns throughout most of the landscape buffers. In some locations, it may be
necessary to increase the plant density and /or plant species make -up for
functional purposes such as screening. In other areas, accent species (agaves,
ocotillos, yuccas, etc.) and specimen plants may be introduced to highlight
important areas such as entries and visual termini.
b. The average width of the Landscape Buffer shall be 50' along the east and south
sides of the property. The average width of the Landscape Buffer shall be 100'
along the west and north sides of the property. The site contains (4) landscape
buffers: north, south, east, and west.
c. On -site landscaping and revegetation will be in conformance with the Marana
Land Development Code. Any disturbed areas will be revegetated with native
plants. Disturbed areas shall be planted at a minimum rate of (2) plants per 100
square feet (or equivalent thereof). Plants used for revegetation may be potted,
boxed, plugs, or hydroseed.
d. All walls and fences shall be painted, stained, or contain integral color. Uncolored
gray block walls will not be permitted.
3. Landscape Standards
a. Minimum plant sizes shall be - trees: 15 gallon, shrubs & accents: 5 gallon,
ground covers: 1 gallon.
b. Turf is prohibited in private front yards and common areas outside the Recreation
Area. Turf is permitted for community parks and open space associated with the
ranch house and the Mountain Pavilion Terrace.
c. The majority of plants shall be low water use. A minimal use of moderate water
use plants may be used in oasis areas near gathering spaces such as community
parks and the open space associated with the former ranch house.
Development Regulations IV -80
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Lazy K Bar Ranch Specific Plan
d. Plants requiring irrigation shall be irrigated via an underground drip irrigation
system. Turf within the park may be irrigated via underground drip tubing, sprays,
or rotors.
4. Parking
The Lazy K Bar shall comply with the Land Development Code, Title 22 Off - Street
Parking. Additionally, a minimum of 4 spaces will be provided near the original stone
ranch house to accommodate for park area parking.
5. Lighting
All lighting will be in accordance with the Marana Land Development Code, Title 18 —
Outdoor Lighting Code.
6. Signage
All signage shall comply with Title 16 of the Marana land Development Code;
however, the Town agrees to make all reasonable exceptions to accommodate
the use of historical signage currently existing on the site as a means of
commemorating the heritage of the Lazy K Bar Ranch. Such signage will be
confined to common areas within the project and shall also be permitted on the
developer's on -site models and sales center to create consistent signage and
theming throughout the community.
D. Single Family Residential Detached Housing Design Standards
All single - family residential lots are subject to the Residential Design Standards contained in
the Town of Marana Land Development Code if any one lot within the Lazy K Bar Ranch is
16,000 square feet or smaller.
1. Individual Lot Landscaping
Per Town of Marana Land Development Code Requirements
E. Town of Marana Subdivision Requirements
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
the project developer's expense. Although it is not required, Lazy K Bar intends to
provide recreational spaces to enhance the quality of life for its residents.
Development Regulations IV -81
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Lazy K Bar Ranch Specific Plan
Lazy K Bar will feature one main recreational area consisting of the historically
significant portions of the ranch house that will be preserved and the former Lazy K Bar
event lawn "Mountain Pavilion Terrace" (See Exhibit III.E.1: Land Use Concept Plan).
Other buildings located near the southwest corner of the ranch house may also be
preserved, including the "Boardroom" building and the larger "Mountain Pavilion"
building located directly north of the event lawn. The original stone Ranch House will
be preserved and serve as a focal point of community gatherings. This location will
consist of indoor space with interpretation and display of historical elements and
artifacts from the guest ranch. The ranch house and Mountain Pavilion Terrace will also
act as a visual focal terminus for residents as they drive through the community looking
southwest toward the backdrop of the majestic rock formations surrounding Sombrero
Peak. The former Lazy K Bar event lawn "Mountain Pavilion Terrace" (southwest of the
ranch house and directly south of the "Mountain Pavilion" building) will be preserved
and function as an informal outdoor gathering space for residents. Asmall but adequate
number of off - street parking spaces, no less than 4, will be provided within the proposed
recreational area.
The Lazy K Bar recreational area will be located in the area surrounding the stone ranch
house and will be the first focal terminus as residents and guests enter the
community. The expected amenities and uses of the park may include: informal turf
area, seating and shade, historic interpretation of preserved ranch elements, desert
landscaping, walks and paths.
2. Open Space Ownership
Preservation of natural open space, as well as maintenance of modified open space
(common area) within Lazy K Bar, shall be the responsibility of the Master Association
and respective HOA's and regulated by CC &R's approved by the Town.
3. Off -Site Trail Access and Maintenance
As shown on Exhibit 111. E.1, an existing trail leads up the steep rock cliffs in the southern
portion of Lazy K Bar. The existing trail will be extended through the proposed
recreation area and the central portion of the site to connect with the trail along the
northern boundary at a point near the northeast corner of the property. There is also a
connection to an existing on -site trail along the west boundary to form a complete on-
site loop trail. A portion of the trail along the west boundary is not existing and is
proposed. The western boundary trail eventually leads to a junction at the northwest
corner of the property with the equestrian trail that exists along the northern boundary.
A trail shall be provided within the buffer area along the northern property line and an
area shall be set aside for a trail head at the northeastern corner of the property. The
trail shall be open to the public at such times as the Town secures access rights for the
trail to continue beyond the property's northwest corner. A public trail easement will be
provided in accordance with the provisions of the Development Agreement. These
preserved and constructed trails throughout the community are expected to be informal
Development Regulations IV -82
Marana Council Meeting 01/06/2015 Page 212 of 262
Lazy K Bar Ranch Specific Plan
in nature and predominately composed of raked earth to mimic the existing trails
throughout the region. All other onsite trails will be private trails for the use and
enjoyment of Lazy K Bar residents.
F. Minimum Roadway Development Standards
1. Application
These minimum street standards are per Town of Marana street standards. All internal
roadways shall be private roadways, and maintained by the Lazy K Bar Ranch
Homeowner's Association.
2. Functional Classifications Defined
Within Lazy K Bar, the local streets may carry an Average Daily Traffic Volume of up to
1,858 trips per day. Design speed for these local streets is 25 miles per hour. The
directional distribution is estimated at 50% entering and 50% exiting.
3.
Cull-de -sacs
Restrictions on the length of cul -de -sacs contained within the Town of Marana Street
Standards do not apply to Lazy K Bar. There is no restriction on cul -de -sac length,
provided Northwest Fire District is satisfied with the proposed access.
4. Curbing and Sidewalks
Roadway layouts in Lazy K Bar should have a minimum effect on existing drainage
patterns in either sheet flow areas or defined channels. Rolled curbs are appropriate
for Lazy K Bar and will be a minimum of 2.0 feet wide. The design exception request
from David Little, P.E., dated August 12, 2014 has been approved by the Town
Engineer to allow the use of an alternate street section; the Northwest Fire District
approves this section as well.
All internal roads will utilize the roadway section shown in Exhibit IV. F.4. See Exhibit
lll. E.1: Land Use Concept Plan for the location of proposed sidewalks.
Development Regulations IV -83
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Lazy K Bar Ranch Specific Plan
Exhibit IV.F.4: Typical Road Section
10' PUBLIC
10' PUBLIC
UTILITY
U TI L I TY
ROADWAY
ROADWAY
MAINTENANCE
MAINTENANCE
& SIGNAGE
& SIGNAGE
EASEMENT
EASEMENT
1 R/w
R/W
I
46' TRACT/'COMMON AREA
J
I
2'
12' 12'
1 C`
LANE
LANE
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2 .
2.00%
I 2.00%
3
Q
f
f i
I
S `-
W
2' WIDE JOINT
UTILITY TRENCH
24" ROLL CURE
& GUTTER
5' SIDEWALK PGDOT j
STD DTL NO. 200 (TYP)
NOT TO SCALE
Group °
1-:01 JUVA -001 Planning)Roa"ay SecHans%Raad Sedion - Typkal,dwg Rotta& Jul. 30, 2011
Development Regulations IV -84
Marana Council Meeting 01/06/2015 Page 214 of 262
Lazy K Bar Ranch Specific Plan
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.
Appeals to the Planning Director's interpretation may be made to the Board of
Adjustment within 15 days of the date of interpretation.
2. General Implementation Responsibilities
The implementation of the Lazy K Bar Ranch Specific Plan is the responsibility of the
Master Developer and the Town of Marana.
The Master Developer is the entity responsible for providing the basic infrastructure
needs, including roads and utilities, buildings, improvements and site development.
At any time, the Master Developer may relinquish its rights and assign any or all rights
to one or more successors. Associated responsibilities of the Master Developer would
also be transferred to the future Homeowner's Association at that time.
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.
3. Interpretation
The Planning Director shall be responsible for interpreting the provisions of this Specific
Plan. Appeals to the Planning Director's interpretation may be made to the Board of
Adjustment within fifteen (15) days from the date of the interpretation.
Implementation V -86
Marana Council Meeting 01/06/2015 Page 216 of 262
Lazy K Bar Ranch Specific Plan
4. Development Review Procedures
All development shall be conducted substantially in accordance with the development
regulations outlined in Section IV of this document. All development plans and
subdivision plats for Lazy K Bar shall be subject to and implemented through the review
and approval process adopted by the Town of Marana. In addition, all development is
subject to the building permit process as outlined by the Town of Marana.
5. Specific Plan Amendments
Amendments to the Lazy K Bar Ranch 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 any of the foregoing may request
amendments to the approved Specific Plan.
6. Administrative Change
The Planning Director's decision regarding administrative changes and determination
of substantial change, as outlined below, shall be subject to appeal to the Board of
Adjustment. Categories of administrative 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 changes 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.
• 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.
Implementation V -87
Marana Council Meeting 01/06/2015 Page 217 of 262
Lazy K Bar Ranch Specific Plan
7. Substantial Change
This Specific Plan may be substantially amended by the same procedure as it was
adopted. 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. Each
request shall include all sections or portions of the plan that are affected by
the change. The Planning Director shall determine if the amendment would
result in a substantial change in plan regulations, as defined in the Town of Marana
Land Development Code. 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.
Implementation V -88
Marana Council Meeting 01/06/2015 Page 218 of 262
Lazy K Bar Ranch Specific Plan
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, 7th Edition, Volumes 1 &
3
MapGuide, Pima County Geographic Information Systems, 2013.
Pima Regional Trail System Master Plan, revised May 2012.
Bibliography 89
Marana Council Meeting 01/06/2015 Page 219 of 262
MARANA
%I\
ruNrw+c
1. TYPE OF APPLICATION LChack One __ I
P Plat 0 Final Plat Elcenerai Plan Amendment Variance
Develop Plan [:Iswpp Elan dscape Plan ] Native Plant Permit
P Am endment OCond i ti o r a l Use Permit EIRezone/5P Plan 1 ative Plant Exception
S c lan en
Few
E] Signiftcant Land Use Change Minor Land Division W, t,, pl 1:1 Annexabon
LJ hnprovemmt plan (sce tie in De scri ptiori o _ Fro -e t boy,*) Subdivision Design Exos -
11555 W, Civic Center Drive, Bidg. A2*Marana. AZ ,85653 70o3■Telephone (520) 382 -26QO ■Fax (520) 382 -2641
Marana Council Meeting 01/06/2015 Page 220 of 262
2 . GENERAL DATA REQUIRED
Assessoes Parcel
221-22-013E; 013B, 413G, 01 3F
General Plan Designation
1 V
cant
Co mm e rcia l a
Numbers)
To be confirm
[ by stain
G ross Area (Acre/SF)
138 Ac /6,011 , 280 sq . ft
Current Zoning
(To be conf finned by staff)
R R
velopment/ Project
Lazy K Bar Ranch
Prop Zoning
P 8
Specific Plan
P
Name
Project Location
West of 1 - 1 o at the Intersection of Pima Farms Rd and North Scenic Dr; Sec 29, T1 2S, R 13E
Description of Project*
Design Exception for the street =ss motion for Lazy K
Pro perty owner
LKB LLC
Street Address
8401 N. Scenic Drive
C O Y Tucson
Tucson
Zip Code Phone #
Fax # E-Mail Address
AZ 85743
-- --- _ _ _. __- - - _ _ - _
James Shiner
jamesshinerOgmall.com
Phone Number/ E-mail owl- E
]ame sett �r @ gmaii. com �Q� �� 7 — 4 3
onta P erson
Ap plicant
Sane as Above
Street Address
City
State
Zip Code
Phone #
Fax #
E-Mail Address
Phone Number/ E -mail
ontact Person
A g ent/Repmse dive
The WLB Group
Street Address
X444 E . Broadway Blvd.
State Zip Code Phone #
1 85711 1 881 - 7480
Fax # E - Mail Address
1 881-7492
City
Tucson
AZ
David Little
dlittle L wlbgroup.com
Town of Business
128
I
P n
Contact ersa
License lea.
I AUTHORIZATION OF PROPERTY OWNER
1, the undersign, ed, certify
th o t all of the facts set forth in this applicAtion are true to t he best of my ki it) �v le dge and that I am either the
owner of the property or that I have been authori in writing by the owner to file t pbcat and ciecldist. (If not owner of record,,
attach written autho a dio em the
Print Name of App licant ,A Pnt
Da (e
CaseLog# _
Date Received
signa
CR'W#
11555 W, Civic Center Drive, Bidg. A2*Marana. AZ ,85653 70o3■Telephone (520) 382 -26QO ■Fax (520) 382 -2641
Marana Council Meeting 01/06/2015 Page 220 of 262
GroupT e
August 12, 2014
Mr. Keith Brann, PE
Town of Marana Engineer
11555 W. Civic Center Drive
Marana, AZ 55653
Subject: LAZY K BAR RANCH
STREET SECTION DESIGN EXCEPTION
WLB No. 113021 -A-004
PCZ -13029
Dear Keith.
Engineering ■ Planning
Surveying 9 Urban Design
Landscape Architecture
This narrative has been prepared in support of the Subdivision Design Exception required for
the proposed Lazy K Bar Ranch focal street section. We are requesting relief from the
requirements within Section 6.0 of the Town of Marana's Subdivision Street Standards Manual.
STREET WIDTHS
Marana's typical local street detail calls for 16 foot travel lanes. We are requesting approval for
12 foot travel lanes with 2 foot roll curb on both sides. Parking will only be allowed on one side
of the street. This cross section is supported by Northwest Fire (see enclosed email
correspondence).
Lane widths of 12 feet are consistent with the required local street section lane widths within
Pima County and consistent with previously approved reduced width street sections ( <16 ft) in
the Town of Marana. The proposed reduction in pavement reduces maintenance costs, heat
island effect, land disturbance area and slows traffic down within the neighborhoods. A
narrower road section also gives the developments a rural feel and generally increases the
aesthetic value of the development.
SIDEWALKS
The developer proposes to build sidewalks only on one side of the street within the area
designated for 60 foot wide lots in order to enhance the upscale feel of the community and to
minimize the development footprint of the roads.
Within areas designated for 60 and 70 foot wide lots, sidewalks will be built along both sides of
the street where both sides of the street are fronted by homes. Sidewalks will be built on one
side of the street where there are homes on only one side of the street or where there are not
homes on either side of the street.
Engineering • Planning - Surveying o Urban Design Landscape Architecture
Offices located in Tucson, Phoenix, Flagstaff, Las Vegas a E -mail: tucsongwlbgroup.com
4444 East Broadway v Tucson, Arizona 85711 a (520) 881 -7480 o FAX 1520) 881 -7492
Marana Council Meeting 01/06/2015 Page 221 of 262
T
Groin
Mr. Keith Brann, PE
August 12, 2014
Page 2 of 2
In order to maintain the character of the project, sidewalks will not be included along the entry
road, which is not fronted by any homes.
The proposed sidewalk locations are shown in the latest version of the Specific Plan.
Please let me know if you need any further information to process our request. Thank you for
your help.
Sincerely,
The WLB Group, )tic.
.
I
36234
DAVID W. Z:
LITTLE
r�s J u l 0
David W. Little, PE
Senior Project Manager
Attachments:
Application
Street Cross Section Exhibit
Northwest Fire Approval Email
Marana Council Meeting 01/06/2015 Page 222 of 262
Marana Council Meeting 01/06/2015 Page 223 of 262
Brian Varney
From: Pratt, James <jpratt a@northwestfire.org>
Sent: Friday, August 08, 2014 1:40 PM
To: David Little
Subject: RE: Lazy K Street Sections
Thanks, That sounds like it will meet our requirements as well with the no parking fire lane signage. ,Jim
From: David Little [mailto:dlittle wlb rou .com]
Sent: Friday, August 08, 2014 1:38 PM
To: Pratt, James
Subject: Lazy K Street Sections
Hi Jim - We spoke on the phone as few weeks ago about NW Fire's requirements for the street sections in Lazy K. We
are submitting a Design Exception application to the Town to formally get the Town's approval for our request and we'll
provide a copy to you as well.
We are proposing 24 feet of asphalt with 2 foot roll curb on both sides, for a total width of 28 feet. One side of the road
will be signed as no parking. Town staff has indicated they will support this request. I believe it works for you as well,
correct?
Thank you for your help. - David
Marana Council Meeting 01/06/2015 Page 224 of 262
MARANA PLANNING COMMISSION
RESOLUTION NO, 2014 -04
A RESOLUTION OF THE TOWN OF MARANA PLANNING COMMISSION, MAKING A
WRITTEN REPORT AND RECOMMENDATION TO THE MARANA TOWN COUNCIL
CONCERNING THE PROPOSED LAZY K BAR RANCH DEVELOPMENT AGREEMENT
FOR THE PROPERTY LOCATED WEST OF THE INTERSECTION OF PIMA FARMS
ROAD AND SCENIC DRIVE; MAKING FINDINGS IN CONNECTION WITH THE
PLANNING COMMISSION'S DECISION AND RECOMMENDATION; AND
AUTHORIZING THE CHAIR TO PRESENT THE PLANNING COMMISSION'S FINDINGS
AND RECOMMENDATION TO THE TOWN COUNCIL
A. Report. The Marana Planning Commission hereby reports to the Marana Town Council, as
follows:
1. The proposed Lazy K. Bar Ranch Development Agreement (the "Lazy K DA") was
brought for consideration before the Marana Planning Commission at its regular meeting on
November 12, 2014 (the same agreement was brought for consideration on September 24,
2014).
2. The agenda materials for the November 12, 2014 Marana Planning Commission regular
meeting included the following:
a. A draft of the proposed Lazy K DA identified by the number "00039097.DOCX / 5
and "9/16/2014 3:27 PM" in the footer, with Exhibits A. B, C, D, and E.
b. A staff report providing an overview of the Lazy K DA.
c. A staff - prepared draft of Marana Planning Commission Resolution No. 2014 -04.
3. The Marana Planning Commission held a public hearing on the proposed Lazy K DA,
where representatives of the property owner and members of the public were provided an
opportunity to make comments and give feedback.
B. Findings. Based on the documents provided in the record, the staff report, and the public
testimony, the Marana Planning Commission makes the following findings:
1. The proposed Lazy K DA will promote and facilitate orderly and planned development
of property located west of the intersection of Pima Farms Road and Scenic Drive.
2. The proposed Lazy K DA will provide the owner and developer with certain assurances
and protection of rights that they will be able to proceed with development of the affected
property in accordance with:
a. The Lazy K DA.
{00040157 DOCX /I - 1 - 11/3/2014 10:00 AM FJC
Marana Council Meeting 01/06/2015 Page 226 of 262
b. The Lazy K Bar Ranch Specific Plan as recommended for approval by the Planning
Commission on November 12, 2014, subject to adoption and any revisions by the Marana
Town Council.
c. The Marana Land Development Code and Marana Town Code, to the extent not
superseded by the documents referenced in the preceding two paragraphs.
3. The proposed Lazy K DA is consistent with the Marana General Plan and the Marana
Strategic Plan.
C. Recommendation. Based on the foregoing report and findings, the Marana Planning
Commission recommends that the Marana Town Council approve the Lazy K DA with the
following corrections and revisions:
r r G_
D. Authorization. The Marana Planning Commission hereby a Li thori zes Thomas Schnee, the
Chair of the Planning Commission, to present the Planning Commission's findings and
recommendations at one or more Marana Town Council meetings regarding this matter.
PASSED AND ADOPTED BY THE PLANNING COMMISSION OF THE TowN OF MARANA,
ARIZONA, this 12th day of November, 2014, on a vote of (,e in favor, opposed, and / absent.
Thomas Schnee, Chairman
ATTEST:
4rri Byle fanning Commission Clerk
100040157 DOCx /1
-2-
1` 1
11/3/2014 10:00 AM FJC
,0
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Marana Council Meeting 01/06/2015 Page 227 of 262
W MARANA7
PLANNING COMMISSION MEETING
MINUTES
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, November 12, 2014, at or after 6:30 p.m.
Thomas Schnee, Chairman
Don Duncan, Vice Chair
Terry Fehrmann, Commissioner
Marcia Jakab, Commissioner
Steve Miklosi, Commissioner
Richard Miller, Commissioner
John Officer, Commissioner
REGULAR PLANNING COMMISSION MEETING
CALL TO ORDER. Chairman Schnee called the meeting to order at 6:30 p.m.
PLEDGE OF ALLEGIANCE AND INVOCATION /MOMENT OF SILENCE
Led by Chairman Schnee.
ROLL CALL. Terri Byler, Planning Commission Secretary called roll. Commissioner Jakab
absent.
CALL TO THE PUBLIC. No speaker cards presented.
APPROVAL OF AGENDA. Motion to approve by Commissioner Miklosi, seconded by
Commissioner Officer. Passed unanimously 6 -0.
ANNOUNCEMENTS. None
GENERAL ORDER OF BUSINESS. Approval of October 29, 2014 meeting minutes.
Motion to approve by Commissioner Fehrmann, seconded by Commissioner Miklosi. Passed
unanimously 6 -0.
1IPage
Marana Council Meeting 01/06/2015 Page 228 of 262
PUBLIC HEARINGS
PCZ -1401 -001 Lazy K Bar Ranch Specific Plan. Relating to Development; an
application requesting a recommendation to the Marana Town Council for approval to
rezone approximately 138 acres of land from `RR' Resort and Recreation to `F' Specific Plan
for the purpose of establishing the Lazy K Bar Ranch Specific Plan; requesting a
recommendation for approval of a minor amendment to the General Plan; and, requesting a
recommendation for approval of the Lazy K Bar Ranch Development Agreement. Presented by
Brian Varney who noted that the project was brought before the Commission in August of
2014 with a vote of 5-0, recommending approval to the Town Council. The Town Council
heard the request in October of 2014 with a vote of 5-1, in favor of a motion to approve.
However, the motion failed because it required a super - majority vote as a result of the protest.
Mr. Varney noted that the building heights on all 178 lots have been reduced to one story.
There are two proposed land uses: RA (Residential Area) and OS (Open Space.) The existing
land use designation under the General Plan is Rural Density Residential (RDR), with a
proposed amendment to the General Plan to Master Plan Area (MPA) to accommodate the
proposed Specific Plan rezoning. The project will include the construction and reopening of
Scenic Drive. The proposed density of the project is 1.29 residences per acre. Mr. Varney
stated that approximately 45% of the site will be developed for residential lots and related
infrastructure and 55% will be maintained as open space. The primary access will be off of
Pima Farms Road with a secondary access off of Scenic Drive.
Linda Morales — Planning Center — addressed the Commission.
Chairman Schnee opened the public portion of the hearing.
Pat Lopez discussed the letter he presented to staff earlier in the day. He was concerned about
the grading area and stated if the Commission adopted his grading proposal it would only affect
29 lots. Mr. Lopez stated that the grading area is important because of the wildlife corridors.
He also requested that the area north of the existing drainage be maintained.
Darla Sidles discussed Saguaro National Park, which is in close proximity to the proposed
project. She feels the proposed specific plan compromises the integrity of Saguaro National
Park. Chairman Schnee inquired as to the proximity of the development to Saguaro National
Park. Ms. Sidles stated that the distance is slightly less than a 1 /2 mile.
Dave Robertson opposes the project. He is not against development but is concerned about
high density near Saguaro National Park.
Joan Pettit opposes the project. She felt these decisions will affect the community for a long
time. Ms. Pettit was very concerned about the water issue. While attending one of the
neighborhood meetings she felt there was a threat of withholding water if the residents didn't
agree to annex into the town.
Brooke Mitchell opposes the project. She was concerned about the water and state if the
development is approved by Council, it is possible that the popular referendum may be
initiated.
2 Page
Marana Council Meeting 01/06/2015 Page 229 of 262
Barbara Rose opposes the project. New development should be balanced by concerns about
local and regional issues. She felt the Town should promote "green" homes.
David Lutz opposes the project. He is concerned about water and higher taxes. He urged the
Commission to vote no.
Carolyn Campbell supports the alternative plan which Mr. Lopez presented. She encouraged
the Commission to adopt that plan or at least delay their vote until they have met with the
developers and work together on a new plan.
Robert Ferrera opposes the project. He disagrees that the plan is in conformance with the
existing neighborhood and encourages a new plan that would have a lower impact on the
community, as well as lower density.
Joyce Obiol opposes the project due to the high density. She feels the wildlife corridor is very
important and it is our responsibility to take care of the land for the future generations.
Elizabeth Howell opposes the project. She feels that Saguaro National Park is a national
treasure and it is important that we protect it from encroaching development. She is concerned
about the high density development. Ms. Howell urged the Commission to decline the proposal
as it currently stands and work on an alternative plan.
Ms. Morales addressed the water concerns. She noted that she was present at the neighborhood
meeting and felt there was some confusion on what the presenter meant, adding there was
never any threat of withholding water. The point the presenter was trying to make was water
mains will be brought to the project site and if the county residents chose to annex into the
town they would have the option to connect to it. Ms. Morales stated that an annexation would
have to be part of it for the service to take place.
Ms. Morales clarified that the proposed development is approximately Y2 mile from Saguaro
National Park. The project does not border it. Ms. Morales also stated the Town's desire to
keep this a very high quality community, including open space behind each house with no
back -to -back lots.
The conditions with the reopening of Scenic Drive were discussed.
Ed Stolmaker noted that annexing into the Town and hooking up to Marana water is one of
the options for the families on Scenic Drive. Currently they are waiting to see what happens to
their wells.
Chairman Schnee asked for clarification on water provisions for the county residents. Mr.
Cassidy indicated that if annexed into the Town, the county residents could connect to Marana
water. Mr. Cassidy stated that it wouldn't be free. There would be impact /connection fees
associated with those connections.
Chairman Schnee closed the public hearing and opened the item to discussion by the
Commission. Chairman Schnee, Vice Chair Duncan, Commissioner Miklosi, Commissioner
Miller, Commissioner Fehrmann and Commissioner Officer commented.
3 Page
Marana Council Meeting 01/06/2015 Page 230 of 262
Motion to approve the Lazy K Bar Ranch Specific Plan and the General Plan minor
amendment, with the addition of wildlife friendly fencing to include along the south border,
by Commissioner Miklosi, seconded by Commissioner Miller. Passed unanimously. 6 -0.
Commissioner Jakab absent.
Motion to approve Lazy K Bar Ranch Development Agreement by Commissioner Fehrmann,
seconded by Commissioner Miller. Passed unanimously. 6 -0. Commissioner Jakab absent.
COMMISSION ACTION. None.
INFORMATIONAL ITEMS /POSSIBLE ACTION ITEMS. None
FUTURE AGENDA ITEMS. None
ADJOURNMENT
Motion to adjourn at 8:10 p.m. by Chairman Schnee, seconded by Commissioner Fehrmann.
Passed unanimously 6 -0.
CERTIFICATION
I hereby certify that the foregoing are the true and correct minutes of the Marana Planning
Commission meeting held on November 12, 2014. I further certify that a quorum was present.
Terri Byler, PiLning Commission Secretary
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Marana Council Meeting 01/06/2015 Page 231 of 262
F . ANN RODRIG'' _ RECORDER
I �
RECORDED BY: T:
VLJ �� 11685
DEPUTY RECORDER PAGE. 3367
7995 NO • OF PAGES: 9
� SSA RO � E SEQUENCE : 2 200 12300782
TOWN OF XkRAIqA 11/29/2001
ATTN: TOWN CLERK �I O AG 16:12
13251 N LON ADAMS RD
NARAN AZ 85553 MAIL
AMOUNT PAID $ 10
When recorded return to:
Daniel J. Hochuh, Esq.
Hochuh & B enavidez, P.C.
220 E. Wetmore Road, Suite 110
Tucson, AZ 85705
PRE - ANNEXATION AND DEVELOPMENT AGREEMENT
TOWN OF MARANA, ARIZONA AND LIMB, L.L.C.
I
Marana/IKB PrcannMatian Agrc mcnt
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Marana Council Meeting 01/06/2015 Page 232 of 262
1
PRE - ANNEXATION AND DEVELOPMENT A REEMENT
THIS AGREEMENT is entered into by the TOWN OF MARANA an Arizona '
municipal
corpora (the "Town "), a nd LKB, L.L.C., an Arizona limited liability comp "L "
Y � Y C � ).
VMERE LKB is the owner of property located within Pima County
. , y, ono legally
described on Exhib A (the "Property'). LKB and the Town desire that the Property be annexed
into the corporate limit of the Town and become an inte al art of the T
�' p awn,
NOW, THEREFORE, in consideration of the forego in remises and the mutual '
g g p u ual promises
and agreements set forth herein, the part ies hereto state, co nfirm and ag as follows:
gs'
1 An ne xatim. The Town has initiated the annexation process b film •
In' y g a blank annexation
petition with Pima County Recorder consistent with the re of S -
� Se ction 9 471 of
the Arizona
Revised Statutes and all other application laws, ordinances and rules (the
"Annexation Laws " ), to annex the Property into the Town. The Town shall t'
me1y publish,
mail and post the required notices and hold one or more public hearings, as . p g , required under
the Annexation Laws in connection with the annexation of the Prop in
p y t o the Town.
Following the public hearing, LKB shall sign and deliver annexation et iti
p ons for the
Property. It is understood by the parties that the Town Council retains the discretion to
approve or deny the annexation ordinance.
2 Extra D v Io m nt F In order to induce LKB to enter into
o this Agreement, the
Town agrees that the Town shall not charge LKB an development fees impact Y p pact fees or
growth fees pursuant to A.R.S. § 9- 463.05 or otherwise (hereinafter collectively
,�
Development Fees) for residential (not lodging) development of an orti
Prop that p Y p on o f th
Pra e
p y are greater than or in addition to the Development Fees actually sed b
cor porate Y y
the Town elsewhere within its ca
rp a lrmi'ts far comparable projects or developments.
Development Fees as defined herein are not intended to include an taxes administrative
y dm�n�strat�ve
inspection nspection fees, review fees, or other fees charged throughout the T
g g awn, and are
intended to include only those fees which are assessed against development i
g p n order to pay
for capital improvements to infrastructure as contemplated b A.R.S. 9-463-05.
p Y §
3 Over - Sizing The Town and LKB agree that:
3.1 Except as provided in subsection 3.2 below, in no event shall the Town require LKB
or any of its affiliates to over size any utility lines or other facilities other than water
so as to be available to serve other pro
or r
p J properties unless the Town pays or
causes a third party to pay the greater of (i) the proportionate share of the entire cast
of planning, en ineerin
g engineering, permitting and constructing the utility line or
other facility based on projected use, or (i) the oversizing cast. The third pa
payment must be remitted on or before any payments by LKB are due.
3.2 In the event that LKB submits a development request to the Town for the Property
the Town may require LKB or any of its affiliates to oversize an Town munic
. .. Y pal
water lines or facilities so as to be available to serve water to other J ro`ects or
P
Mar WTXB Preannmatim Agn ==t Page 2 of S
Marana Council Meeting 01/06/2015
Page 233 of 262
properties in the vicinity of the Property. As other parties connect to said oversized
municipal water Fines or facilities, such parties shall pa their resp ective projected
y p p J
share proportionate to their use ofthe municipal water line or facility and LKB shall
be reimbursed as set forth in one applicable water Service Agreement.
4 Pmhl mn,roygments As soon as reasonably possible, and at no cost or expense to LKB,
the Town shall:
4.1 Install signs on Silverbell Road near Pima Farms Road and both Continental Loop
intersections showing the direction to the Lazy K Bar Ranch hotel and resort.
4.2 Work with Pima County to improve the junctions o f S ilverbell Road Twin a
� Pe
ks
and S enic Drive so that those roads intersect at angles that are acceptable to the
Town Engineer.
4.3 Close Scenic Drive from Pima Farms Road north to the south boundary of Moonrise
Ranch and from the Sahuaro National Park to 100 feet north of the south boundary
of the Property, and work toward abandonment of said properties as soon as
reasonably possible.
4.4 Improve Pima Farms Road to the Town's standard sp ecifications for a
p paved
permanent all- weather access.
4.5 Attempt to procure funding and assistance from Pima County for a
ty, sewer
main line extension to the Property.
5 on final Zoning.
5.1 The land uses that are lawfully conducted on the Property n Pima Count prior t
y County o
annexation translate to the Resort and Recreation (RR) Zone and the R -144
Residential (R -144) Zone in the Town's Land Use and Development Code. The
historical use of the of the Property as a guest ranch with lodg and related
g g
ancillary activities is a legal nonconforming use under the existin g Suburban Ranch
(SR) Zone in Pima County. The annexation laws require the Town to translate the
zoning for the Property from the lawful uses, activities and zoning n Pima Cou
y
to Town zoning upon annexation without permitting densities or uses that are eater
�
than those ermined in Pima
p County prior to annexation. In order to establish
original Town zoning which is Consistent with the current lawful uses of the
Property, and which minimizes non uses, s, upon annexation the Town
shall impose the Recreation and Resort (RR) Zone and the R -144 Residential ( R-
144 Zone on the Property.
5.2 In the event that a court f
o competent ,jurisdiction determines that subsection 5.1
�
above is not permitted by law, LKB may apply for rezoning of the Property to RR
p �
and R -144 and t
under he Towns Land Use and Development Code, and ifthe Town does
not grant such rezoning, the Town shall be in breach of this Agreement and LKB
Mamna(LKB Prcannacalbn Agw mcm
Page 3 of 8
Marana Council Meeting 01/06/2015 Page 234 of 262
shall be entitled to damages as well as such other relief and remedies as are available
at law or in equity.
5.3 To the extent the uses and activities conducted on the Property in Pima •
. Ppe y County prior
to annexation are authorized by law, the Town recognizes such lawful uses as legal
nonconforming uses, and agrees that g
g gr such uses may be continued as a legal non-
conforming uses after the Property is annexed into the corporate, jurisdictional � , j and
geographic Iimits of the Town.
5.4 The noise and sound levels permitted or exempted 'n Puna Count shall
County be allowed
on the Property until the Town adapts a noise ordinance, at which time LKB will
comply with such ordinance. Notwithstanding the rovisions of such '
p noise
ordinance, LKB shall be permitted maximum averse levels for amplified m
g usic of
at least 55 decibels from 7:04 a.m. to 10:30 p.m., and 50 decibels from 10:3 .m.
to 7:00 a.m. Decibel limits p
smuts will not apply to human voices that are not p line. electronicall y
amplified, and will be as measured at the p r
6 Wells The Town acknowledges that LKB now rovides water serv
p to the Property from
its own wells, and the Town covenants and agrees that LKB will be ermi
p tted to continue
to do so until such time as LKB is unable to do so, or the Town acquires the he LKB water
system for just compensation.
7 Financin . The Town and LKB agree that sanitary ewers drainage, t
Y � g , potable water, traffic
circulation and traffic control systems, multi -use paths, landscaping, li lighting g g golf
courses schools and
public facilities may be acquired or constructed through the creation
of one or more community facilities districts, sanitar istricts municipal '
' � � p improvement
districts and combinations thereot subject to Town approval and in accordance with
applicable law.
8 Notices. All notices, filings, consents, approvals and other commu nicat i ons unications provided for
in this Agreement or given in connection herewith shall be valid iv
validl g iven, filed, made,
delivered or served if in writing and delivered personals o r overnig car
. Y Y gh rier, or sent by
United States first class (or registered or certified) mail, osta a prepaid, p g p P addressed as
follows:
If to the Town: Town of Marana
13251 North Lon Adams
Marana, Arizona 85653
Attention: Mike Hein Town Manager �
with a copy to: Hachuli & Benavidez, P.C.
220 East Wetmore Road S
Tucson, Arizona 85705
Attn: Daniel Hachuli, Esq. 3
If to LKB: LKB, L.L.C. 3
790 Panorama Road
Mmnal XB Premnaatinn Agimmcnt Page 4 of 8
Marana Council Meeting 01/06/2015 Page 235 of 262
Tucson, Arizona 85704
Attn: James Shiner
with a copy to: T. Patrick Griffin
Haralson, Miller, Pitt & McAnally, P.L. C.
One South Church Avenue, Suite 900
Tucson, Arizona 85701
or to such other addresses as either party hereto may from time to time desig in writing gn g
delivery in a like manner. Notices, filings, consents, ap and communicati o n given by
personal delivery, or by overnight carrier, shall be deemed iven, received and effective e upon
delivery, and if given by mail shall be deemed delivered forty-eight ( 48) hours Poll .
owing deposit
in the U.S. mail, postage prepaid and addressed as set forth above.
9 Hierarchy of Documents In the event of a conflict or Inconsistency y, o the extent
permitted by law, this Agreement shall take precedence over the applicable ordinances,
s,
rules, regulations, permit requirements, development fees, other requirements, q rements offici
and/or
policies of the Town.
10 -Caunt parts. This Agreement may be executed in two or more co rp s, each of
which shall be deemed an original, but all of which together constitute one and the a
s me
instrument. The signature pages from one or more counterparts may be removed from su ch
th
counterparts and such signature pages all attached to a single instrument so that the
signatures of all parties may be physically attached to a single document.
11 Headings. The descriptive headings of the paragraphs of this Agreement are inserted for
convenience only and shall not control or affect the meaning or construction of any of the
provisions hereof.
12 Exhibits and Recitals, Any exhibit attached hereto shall be deemed to ha been
incorporated herein by this reference with the same force and effect as if full set forth
Y in
the body hereof. The Recitals set forth at the beginning of this Agreement are incor porated
�' rp ed
herein and the parties hereby confirm the accuracy thereof.
13 Further Acts. Each of the parties hereto shall rom tl execute and deliver p P Y e all such
documents and perform all such acts as reasonably necessa , from time to time to a
�' carry rry out
the matters contemplated by this Agreement. The parties agree that all conditions and
contingencies set forth in this Agreement are critical in the development o f the Prop
p �
14 . Time is of the essence of each of the terms and rovisio
p ns o f this
Agreement. G
8
S
15 InUrement. This Agreement shall be binding upon and shall inure to the benefit of
the
parties to this Agreement and their respective successors and assigns. 3
15 Term. The term ofthis Agreement shall commence on the date and at the time an ordinance
approving and adopting this Agreement is approved by the Town Council and shall
Mmn&UB Prcannmaim Ag=mcnt Page 5 of 8
Marana Council Meeting 01/06/2015 Page 236 of 262
terminate on the 25" anniversary of such date unless extended by mutual agreement of the
parties. Termination of this Agreement shall not affect the zo ning of the . Pra ert
p y
17 No Partne i . Nothing contained in this Agreement shall create any
partnership, joint venture or other arrangement between LKB and the Town. No term or
provision of this Agreement is intended or shall be for the benefit of an y p erson,
organization or entity not a party hereto, and no such other person, organization or entity
shall have any right to cause of action hereunder.
18 Entirg Agr=elll. This Agreement constitutes the entire agreement between the p arties
hereto pertaining to the subject matter hereof. All prior and contemporaneous agre ements ,
representations and understandings of the parties, oral or written, are superseded and merged
into this Agreement.
19 Amendment. This Agreement may be amended only by a written amendment executed by
the Town and LKB.
20 mood Standing; ALthoritX. LKB represents and warrants to the Town that (a) LKB is duly
formed and validly existing under the laws of the State of Arizona and qualified to do
business in the State of Arizona, and (b) the individual executing this Agreement on behalf
ofLKB are authorized to do so. The Town represents and warrants to LKB that (1) the Town
is a municipal corporation duly formed and validly existing under the laws of the State of
Arizona, and (ii) the individual(s) executing this Agreement on behalf of the Town are
authorized to do so.
21 " ' ty. If any portion of any provision of this Agreement is declared void or
unenforceable, such portion shall be severed from this Agreement and the remainder of the
provision and remainder of this Agreement shall remain in full force and effect. The p arties
acknowledge and agree that, although the parties believe that the terms and conditions
contained in this Agreement do not constitute an impermissible restriction of the p olice
power of the Town, and that it is their express intention that such terms and conditions be
construed and applied as provided herein, to the fullest extent possible, it is their further
intention that, to the extent any such term or condition is found to constitute an
impermissible restriction of the police power of the Town, such term or condition shall be
construed and applied in such lesser fashion as may be necessary to reserve to the Town all
such power and authority that cannot be restricted by contract.
22 tau to nt . Any party to this agreement (the "requesting " art m a y , an time
p y) y� y , I
and from time to time, deliver written notice to any other party requesting uch other art I'
g party B
(the "providing party') to provide Yn writing that, to the knowledge of the rovidin art
P g party, G
(a) this Agreement is in full force and effect and a binding obligation of the parties, this
Agreement has not been amended or modified either orally or in writing, and if so amended,
identifying the amendments, and (c) the request party is not in default in the p erforman ce
of its obligations under this Agreement, or if in default, to describe therein the nature and 3
amount of any such defaults (a "Status Statement "). A party receiving a request hereunder
shall execute and return such Status Statement within twenty (2a) days following he receipt
g �
thereof. The Town Manager or any Assistant Town Manager shall have the ri g ht to execute 2
Mamna4XB Prmnntacatinn Ag=mcnt Page 6 of 8
Marana Council Meeting 01/06/2015 Page 237 of 262
any Status Statement requested by LIMB hereunder. The To • •
Town shall have no liability for
monetary damages to LKB, and transferee or mortgagee, or an other •
from or Y person �n connection
with, resulting based upon the issuance of any Status Statement hereunder
23 Gove ag Law This Agreement shall be ov .
g erred by and construed m accordance with
the laws of the State of Arizona, and the arties consent •
Ariz p t to and venue �n Puna
County, Arizona. In particular, thrs Agreement is subject to the provisions
511.
J p ors of A.R.S. � 38-
IN WITNESS WHEREOF, the parties have executed this A •
Agreement to be effective on the
date and at the time an ordinance approving and adopting this Agreement is ap b the Town
Council of the Town of Marana. p �'
Date: 2!,V . CPO, o�Jel
ATTEST:
APPROVED AS TO FORM AND
AUTHORITY
The foregoing Agreement has been
reviewed by the undersigned attorney
who has deternvned that it is in proper
form and within the power and authority
granted under the laws of the State of
Arizona to the Town of Maz
Daniel J. Hoc q.
Attorney for Town of Martina
TO OF MARANA , an Arizo n muni c
corporation al
p
OF �4v!
i
c �Apo�r F � r.
E�1L
Z.
1 �1�I1t1�
Date: l � � f �s � o / LKB, L.L.C., an ' ona limned liability company
B
Mar WIXB Pmwnaation Agwmmt Page 7 of 8
Marana Council Meeting 01/06/2015 Page 238 of 262
U
I 7112�2 - wl ""'y
LAW--- -- . ,
STATE OF ARIZONA )
County of Pima �
The foregoing instrument was acknowledged before b � g ore me th1S1� � day of AW � 2�� I ln t �'` t h ,
e �� of LKB, L.L. C., an Arizona
l imited liability company, on behalf of said limit .
ed ab ty company.
Notary blic
MY commission Expires:
flFF'CIAL SEAL
JULIA A. BALDWIN
NOTARY PUBLIC - ARIZONA
PIMA COUNTY
My Comm. Expires ,duty 18, 2003
f
Y
3
Mara &UB Pfcannaation Agmcmcnt Page 8 of 8
Marana Council Meeting 01/06/2015
Page 239 of 262
I R
R& IIC
LE DE S CRIP TION
PARCEL I:
The South Half of the Northwest ua
q rter and the North Half ` of the Southwest uarter
Section 29, Township 12 South Ran q of
. Range 12 East, Gila and Salt river Base and Meridian
Pima County, Arizona. _
EXCEPT the North 300.00 feet of the south Half of the Northwest quarter of said Secti
29; and ton
EXCEPT a strip of land 30 feet wide
running along the East side of the above tract and d
now occupied by pi County c Highway No. 25�, known as Scenic Drive
PARCEL 2:
The North 300 feet of the South Half of
the Northwest quarter of Sect 29 To •
12 South, Range 12 East, Gila and Sal , nshap
t River Base and Meridian, Pima Count .
County, Ancona.
EXCEPT any portion thereof ly ing within
y g n Pima County Public Highway No. 255
as Scenic Drive. Y ,known
140\ 85894 .001 \LKBrLLC\2001111514155600
Marana Council Meeting 01/06/2015
Page 240 of 262
- r
C? RANA -P
11555 W. CIVIC CENTER DRIVE. NIARANA. ARIZ ONA 8 5 6 5 3
Item A 2
To: Mayor and Council
From: Gilbert Davidson, Town Manager
Date: January 6, 2015
Strategic Plan Focus Area:
Commerce, Community, Heritage, Recreation, Progress & Innovation
Strategic Plan Focus Area Additional Info:
The Marana Strategic Plan is the Town's policy document setting a strategic vision of the
community through five focus areas - commerce, community, innovation, heritage, and recreation.
Strategic Plan III is a comprehensive update to the overall plan and includes new principle
statements, initiatives, goals, and measurements.
Subject: Resolution No. 2015 -005: Relating to Strategic Planning; approving and authorizing the
implementation of Marana Strategic Plan III (Gilbert Davidson)
Discussion:
The Marana Strategic Plan is the Council's policy document for the future vision of the community.
It is divided into five focus areas - commerce, community, innovation, herita e, and recreation.
Within each focus area are principle statements that describe how Marana should operate. These
principle statements support the long -term vision of each focus area. Each principle statement has
multiple initiatives and goals. The initiatives and goals serve as the working plans until a new
update is adopted by Council, in approximately two years. The working plan is carried out by staff
through various means. Strategic plan items are included in the annual budget document, which is
approved by Council. In addition, individual departments incorporate initiatives and goals into
their work plans and are reported to the Council and public via the Council Executive Report and
other annual review documents.
Strategic Plan III ( SPIII) was developed with input from multiple community partners. It started as
a series of Council study sessions in 2013 and individual meetings with Council about the direction
of the Town for the next couple years. A one -day strategic planning session was held with input
from the Marana Chamber of Commerce, Marana Unified School District, Northwest Fire, and all
department heads and other key staff members. In addition, input from the community was
obtained from neighborhood and community meetings and an on -line submittal form. SPIII builds
Marana Council Meeting 01/06/2015 Page 241 of 262
upon the first two plans and sets an even brighter future for the Marana community.
Staff Recommendation:
Recommend approval.
Suggested Motion:
I move to adopt Resolution No. 2015 -005, approving and authorizing the implementation of
Marana Strategic Plan III.
Attachments: Resolution 2015 -005
Strategic Plan III (Final)
Marana Council Meeting 01/06/2015 Page 242 of 262
MARANA RESOLUTION NO. 2015-005
RELATING TO STRATEGIC PLANNING; APPROVING AND AUTHORIZING THE
IMPLEMENATION OF MARANA STRATEGIC PLAN III
WHEREAS the Town of Marana has engaged in a year -long process that included
council input and direction, an online citizen feedback forum, and meetings with neighborhood
and community groups to update the key focus areas and initiatives that constitute the Town of
Marana Strategic Plan; and
WHEREAS the Town of Marana has updated its Strategic Plan document to serve as the
foundation for the Town's future, including land use planning, budget development and
assessment of individual and organizational performance; and
WHEREAS the Town Council finds that adoption of the updated Town of Marana
Strategic Plan is in the best interests of the Town and its residents.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
Section 1. The Marana Strategic Plan III, attached to and incorporated by this reference in
this resolution as Exhibit A. is hereby approved, and the Town Manager is hereby authorized to
implement 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 carry out the terms, obligations, and
objectives of the Marana Strategic Plan III.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 6th day of January, 2015.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
Resolution No. 2015 -005
Marana Council Meeting 01/06/2015
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
8/7/2014 10:13 AM FJC
Page 243 of 262
FOCUS AREA: Commerce
PRINCIPLE STATEMENT 1
We will support commerce and business by being creative and flexible in order to
produce innovative solutions that exceed customer expectations.
INITIATIVES:
1. Update the Land Development Code to enhance simplicity, understanding
and ease of use (Planning, Legal)
a. Engage the business community in the Land Development Code
update by providing opportunities for review, comment and dialogue
b. Explore other jurisdictions' codes for ideas and course of action
c. Identify format and structure
d. Develop a scope, retain consultant and commence work on the update
within a year
e. Include low impact development standards to provide greater
flexibility with design and sensitivity to environmental concerns
MEASUREMENT: Complete LDC update within two years from adoption of
Strategic Plan III
2. Continuously review and improve process and procedures in the business
development Center (Development Services)
MEASUREMENT: Achieve 90% or greater approval rating through customer
satisfaction surveys
3. Research and evaluate innovative practices and best practices to enhance
business and commerce development (Planning, Building Safety,
Engineering, Manager's Office)
MEASUREMENT: Departments and teams to allocate at least 20 hours per
year researching and investigating new ideas for possible inclusion as a
business development tool
4. Provide technical licensing and permitting assistance and education support
with state and federal entities for new and existing businesses (Development
Services)
MEASUREMENT: Achieve 90% or greater approval rating through customer
satisfaction surveys
5. Explore /facilitate the use of business attraction and retention tools including
the use of local, state and federal incentive programs (Development Services,
Economic Development)
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MEASUREMENT: On-going
6. Create a "solutions team" to facilitate rapid response for business inquiries,
help solve process problems and minimize the points of contact for
permitting or other procedures (Development Services, Planning, Building
Safety, Manager's Office)
MEASUREMENT: Achieve 90% or greater approval rating through customer
service surveys
7. Promote the use of the Marana Airport and increase its visibility for business
development opportunities (Airport, Economic Development)
a. Develop a marketing campaign that leverages the advantages of the
Marana Airport as a business (or event) travel destination and
business operations hub
b. Identify and collaborate with local corporations and /or hotels to
market the airport as a business (or event) travel destination for
private /corporate planes
c. Identify targets /recipients of marketing materials
MEASUREMENT: Draft marketing plan complete within two years of
adoption of Strategic Plan III
8. Collaborate with the Marana Chamber of Commerce to update its "Buy Local"
marketing plan with additional strategies such as development of a
credit /debit /gift card program (Economic Development)
MEASUREMENT: On-going
9. Expand the on -line capability of the business development center (Economic
Development, Development Services)
a. Develop web applications for services and processes to include
application submittal and project tracking
b. Ensure that policies and procedures are on -line, easily located and
understandable
c. Implement on -line bill pay
MEASUREMENT: To be completed within two years of adoption of Strategic
Plan III
10. Create a workforce development strategy, including identification of partner
organizations, including MUSD, Pima Community College, University of
Arizona, and other higher educational institutions (Economic Development)
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MEASUREMENT: Identification of partners and areas of expertise, inventory
of current and projected business needs (based on Marketing plan)
11. Develop a marketing plan to promote Marana's economic development
assets to current and potential business (Economic Development)
a. Promote the development of business parks /incubators
b. Identify targeted recipients
MEASUREMENT: Complete within one -year of adoption of Strategic Plan III
12. Utilize and leverage resources of Town to encourage the development of
retail grocery operations in North Marana (Economic Development,
Manager's Office)
a. Investigate all tools and strategies to facilitate the development of a
grocery store in the North Marana area
MEASUREMENT: On-going
13. Leverage the Town's coordinating capability to facilitate customer
interaction with multiple governmental agencies involved in the
development process (Development Services, Planning, Building,
Engineering, Utilities)
a. Designate a single point of customer contact for coordinating the
requirements of multiple special districts (utilities and fire) serving
the Town to facilitate customer service and efficiencies in permitting
and development activities
b. Develop a "master" permit application to include basic information to
be used by all entities, eliminating multiple application forms
c. Explore standardization of permit tracking software or other
electronic workflow tracking among and between different entities
MEASUREMENT: On- going, monitor monthly
PRINCIPLE STATEMENT 2
We will create strategic infrastructure plans that support the attraction and
retention of career - centered business and commerce in our Economic Activity
Centers.
INITIATIVES:
14. Conduct infrastructure studies for the Tangerine Corridor, Tangerine Road /I-
10 Activity Center and the Airport (Engineering, Utilities, Public Works,
Economic Development)
MEASUREMENT: To be completed within two years of adoption of Strategic
Plan III
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15. Develop design guidelines that create and promote a sense of place and
visual "destination" for downtown Marana (Planning)
a. Engage experts and key stakeholders in developing design guidelines
b. Establish common design features for the downtown such as street
lighting, signs, public furniture and art, building facades and other
attributes, massing, and pedestrian- friendly streets
c. Identify additional planning and other resources required to make
downtown business - ready, including parking and infrastructure plans
MEASUREMENT: Completion of design guidelines, including process and
schedule for stakeholder /community outreach
16. Explore opportunities for annexation to enhance economic activity centers,
including lands within the Town's General Plan planning area
MEASUREMENT: On-going
17. Prepare a comprehensive public utilities master plan that includes power,
communications and Town infrastructure including consideration of funding
strategies (public and private) (Utilities, Engineering)
MEASUREMENT: Draft plan completed within two years of adoption of
Strategic Plan III
PRINCIPLE STATEMENT 3
We will seek and retain diverse industries and commerce in order to promote
sustainable economic health.
INITIATIVES:
18. Cultivate and participate in state and national partnerships such as Arizona
Commerce Authority (ACA), TREO and Site Selector's Guild (SSG) to promote
Marana and its assets as a community of choice for career - oriented business
and commerce (Economic Development)
MEASUREMENT: Identify partnerships, cost /benefit and key town
representatives
19. Market the town's high quality K -12 education as a compelling factor for
families relocating as part of business /industry recruitment efforts
(Communications and Marketing, Manager's Office)
a. Schedule joint Town Council and MUSD Board meetings
b. Explore, discuss and advance partnership opportunities
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c. Collaborate on legislative agenda and advocacy where mutually
beneficial
d. Identify ways to cross - market and promote each entity
MEASUREMENT: On-going
20. Town projects and initiatives should include outreach (where appropriate)
to universities, colleges, and K -12 education as a way to promote educational
opportunities and improved project /initiative outcomes (All departments)
a. Departments working on specific projects should consider if
individual students, student teams, or entire classes could be utilized
to help assist with the project or initiative
MEASUREMENT: On-going
21. Seek opportunities to attract the physical presence of higher educational
entities for classroom instruction, research, and community investment
(Manager's Office, Economic Development)
MEASUREMENT: On-going
22. Facilitate with the support of the Marana Chamber of Commerce, internship
opportunities at local businesses for students in K -12 and higher educational
institutions (Economic Development)
MEASUREMENT: On-going
23. Implement the tourism master plan and partner with local industry to
expand Marana's tourism outreach (Economic Development)
a. Ensure proper staffing is in place to effectively implement the tourism
master plan
b. Allocate financial resources for marketing and partnership
opportunities
MEASUREMENT: To be completed within one -year of adoption of Strategic
Plan III
24. Allocate Town resources to ensure travel ways, public spaces, parks, public
facilities, and other community spaces are clean, maintained, and present
Marana's high standard of excellence (Public Works)
MEASUREMENT: On- going, monitor monthly
25. Allocate and maximize Town resources to recruit, maintain and expand
businesses and industry (Economic Development)
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a. Review and identify financing tools; evaluate tax increment financing
and develop policies as required
b. Create and utilize a "solutions team" for rapid response and
deployment of development related and business
attraction /retention /expansion issues
c. Develop and implement job- shadowing or on- the -job training for
employees involved in the development process to expand town
knowledge base (see also Progress and Innovation Focus area)
MEASUREMENT: On- going, Number of financing tools identified and
evaluated
26. Develop partnerships throughout the state and region to assist Marana in
commercial and industrial development activities (Economic Development)
a. Leverage key staff and elected official participation with local,
regional and state entities engaged in economic development
b. Identify legislative needs; develop draft language; engage in legislative
advocacy to support efforts to attract, retain and expand commerce
and industry
MEASUREMENT: On-going
27. Create a comprehensive Town marketing plan with individual departmental
plans as supporting elements (Communications and Marketing)
a. Consideration should be given to other marketing efforts and the
tourism plan
b. Individual departments should all tie into the Town's marketing plan
ensuring consistency of message and appearance
MEASUREMENT: To be completed within two -years of adoption of Strategic
Plan III
FOCUS AREA: COMMUNITY
PRINCIPLE STATEMENT 1
We will maintain and enhance our reputation as a safe and well - planned
community.
INITIATIVES:
1. Establish, maintain and update a preventive maintenance plan for Town
assets (Public Works, Utilities, Engineering)
a. Identify Level of Service (LOS) standards for parks, sidewalks,
paths, landscaping, and roads
b. Identify timeline for maintenance and improvements
c. Identify proposed funding sources
Strategic Plan III 6
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d. Link maintenance plan to annual budgeting process
MEASUREMENT: LOS maintained, citizen response surveys
2. Provide a responsive, community and service - oriented professional police
department (Police)
a. Ensure facilities and support areas are consistent with current best
practices and professional norms
b. Maintain police response times at or above the national standards.
c. Implement best practices from Crime Prevention Through
Environmental Design (OPTED) as part of the development review
process.
d. Continue community - policing efforts such as the school resource
officer program, Neighborhood Watch, and Tri -Star (multi- housing
program)
MEASUREMENT: Monitor monthly, ensuring level of service standards
are met
3. Leverage the Town's coordinating capability to facilitate enhanced customer
interaction with multiple governmental and external agencies (All
Departments)
a. Ensure Marana residents and business owners experience excellent
customer service interactions
MEASUREMENT: On- going, monitor monthly
4. Enhance the way - finding sign program (Communications and Marketing,
Engineering, Public Works)
a. Identify and install signs for downtown district and Marana Town
limits /gateway signage
MEASUREMENT: To be completed within two -years of adoption of Strategic
Plan III
5. Maintain updated emergency response, continuity of operations and disaster
recovery plans (Safety and Emergency Management)
a. Identify participants and ensure that staff receives training
b. Establish and maintain regional partnerships for emergency response
and disaster recovery
MEASUREMENT: On- going, monitor monthly
6. Explore and research innovative community planning ideas for incorporation
into processes, procedures, and codes
a. Seek to build a clear sense of place
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b. Encourage quality in design and construction
c. Develop incentives, allow flexibility to achieve development
enhancements
MEASUREMENT: On- going, include as part of Land Development Code
update
7. Update the Land Development Code to include low impact development
standards to provide greater flexibility with design and sensitivity to
environmental concerns (Planning, Legal)
MEASUREMENT: To be completed within two -years of adoption of Strategic
Plan III
PRINCIPLE STATEMENT 2
We will use unique and creative approaches to engage and reach out to citizens.
INITIATIVES:
8. Market Marana as a destination for unique, family - friendly events (Special
Events, Parks, Communications and Marketing)
a. Promote Marana's low -cost or non -cost admission to events to
increase attendance and participation
b. Identify new ways of promoting programs and events
c. Maintain and expand sponsorships through advertising and other
forms of recognition
d. Staff a booth dedicated to Marana services and key initiatives as
signature events to better inform citizens
MEASUREMENT: Attendance, citizen survey, social media comments
9. Evaluate and continuously improve citizen participation and community
outreach (Town Clerk, Manager's Office, Marketing and Communications)
a. Solicit evaluation and feedback from program participants using
survey tools like Survey Monkey
b. Routinely review and update the Marana Citizens' Forum to ensure
current and fresh information
c. Maintain and evaluate metrics on Marana's website and social media
outreach
d. Identify creative options to market the town's website and mobile app
to residents
e. Expand Marana's mobile app to increase use and engagement
f. Develop an ongoing outreach program to inform neighborhoods and
businesses about capital improvement projects and streets
maintenance
Strategic Plan III 8
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MEASUREMENT: On- going, monitor monthly
10. Identify and implement continual improvements to the Town's website to
engage residents, business owners, and visitors (Communications and
Marketing, Technology Services)
a. Implement on -line bill pay services for all departments who collect
fees and fines for general services
b. Monitor content on the Town's website and social media sites for
timeliness and depth of information
MEASUREMENT: On- going, monitor monthly, citizen survey
11. Engage and support Veteran/ Military groups to be a part of community
activities, including the Veterans Cemetery associations
MEASUREMENT: On-going
12. Facilitate regular interactions with neighborhood groups, HOAs, and other
community groups (Community Development)
a. Provide Town updates, listen to concerns and issues, and provide a
personalized way to anticipate changes taking place in the community
MEASUREMENT: Attend four community group meetings each quarter, on-
going, monitor monthly
PRINCIPLE STATEMENT 3
We will invest in a well- managed government that provides reliable services and
quality amenities for citizens and businesses.
INITIATIVES:
13. Maintain an accurate infrastructure inventory and align future infrastructure
expansion with planned and /or complimentary capital improvement
projects (Engineering, Public Works)
MEASUREMENT: On- going, monitor every six months
14. Develop policies and procedures to achieve a bond rating of AA or higher
(Finance)
MEASUREMENT: On- going, annual work plan
15. Provide opportunities for training, development, and leadership assignments
to prepare individual employees for advancement opportunities within the
Marana organization (Human Resources, All departments)
MEASUREMENT: On-going
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16. Maintain a structurally balanced budget utilizing appropriate revenues with
associated expenses (Finance)
a. Encourage resiliency with the development of each fiscal year budget
MEASUREMENT: Annual budget process
17. Develop aTown -wide public art program to install and showcase unique art
pieces reflecting and celebrating the Marana community (Community
Development)
a. Identify and install a unique Marana art piece in the roundabout near
the Marana Municipal Complex
b. Identify criteria and ways to evaluate public art proposals with Town
projects
c. Encourage private development projects to include unique public art
pieces as value added components
MEASUREMENT: Complete within two -years of adoption of Strategic Plan III
18. Identify a financially sustainable long -term solution for the Tortolita
Preserve State Land lease (Legal, Finance, Manager's Office)
MEASUREMENT: Resolution of issue completed within one -year of adoption
of Strategic Plan III
19. Identify creative ways to plan neighborhoods and future growth areas with
meaningful open space, trail connectivity, and active recreation areas
(Planning)
a. Identify opportunities during the development review process to
connect and enhance open -space amenities.
MEASUREMENT: On- going, monitor yearly as part of annual review
20. Identify public transit needs and cost - effective options for facilitating public
transit (Community Development)
MEASUREMENT: On-going
21. Provide annual training for the Council Code of Ethics /Conduct (Town
Manager's Office, Legal)
a. Engage University of Arizona Ethics program to provide specialized
training
b. Utilize information and staff talent from the League of Arizona Cities
and Towns
MEASUREMENT: Hold annual review
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22. Hold annual Council /Leadership team strategic plan review and goal setting
for budget preparation
MEASUREMENT: Annual meeting held and issues identified for
budget /strategic planning
23. Develop a dashboard view of critical indicators for Council and public to
better understand financial, personnel, and program /project status (Finance,
Technology Services, Communications and Marketing)
MEASUREMENT: Monthly update provided on -line and presented at
department head meeting
24. Adhere to the principles and tenets of the Council /Manager form of
government, including the ICMA Code of Ethics (Manager's Office, Legal)
MEASUREMENT: Hold annual review
25. Continually seek and evaluate new water resources to increase the Town's
water portfolio (Utilities)
MEASUREMENT: On-going
FOCUS AREA: INNOVATION
PRINCIPLE STATEMENT 1
We will explore bold ideas and best practices as a catalyst for forward - thinking and
visionary community leadership.
INITIATIVES:
1. Encourage, reward and facilitate innovative ideas (Human Resources)
a. Recognize employees and members of the community through
recognition and rewards programs
b. Identify methods and opportunities for showcasing Marana
achievements
c. Participate in award and recognition events for Town programs,
projects and services as opportunities arise
MEASUREMENT: Program elements implemented within one -year of
adoption of Strategic Plan III
2. Invest in professional development and continuous learning for employees
including education assistance, cross - department staff rotation, job - related
training and certification (Human Resources)
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a. Encourage Town staff to seek certifications and credentialing to
expand professional expertise
b. Link employee training to an identified need or goal
c. Identify and implement asuccession /growth development plan
for Town employees (Human Resources, Manager's Office)
MEASUREMENT: On-going
3. Enhance Marana is on -line presence to increase visibility, information -
sharing and community engagement (Technology Services, Communications
and Marketing)
MEASUREMENT: On- going, monitor monthly
4. Develop an on -line educational tool to highlight departments and Town of
Marana services (Manager's Office, Communications and Marketing)
MEASUREMENT: To be completed within one -year of adoption of Strategic
Plan III
5. Research and develop policies that support choices for environmental design
and energy efficient construction (Planning, Engineering)
MEASUREMENT: To be completed within two -years of adoption of Strategic
Plan III
PRINCIPLE STATEMENT 2
We will excel in communication and in the work we produce through internal
collaboration and partnerships.
INITIATIVES:
1. Create and engage multi - disciplinary work teams to ensure that in -house and
external projects incorporate best practices, effective communications, and
serve multiple service delivery goals (All departments)
MEASUREMENT: On-going
2. Facilitate formal and informal two -way communication with employees and
among and between departments to ensure better outcomes and avoid
missed opportunities (All departments)
MEASUREMENT: On- going, monitor monthly with department heads
3. Practice and support team - centered management (Human Resources, All
departments)
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a. Define values and best practices
b. Embed into performance management instruments and recruitment
practices
MEASUREMENT: On -going
4. Ensure accurate, timely, and sufficient information is available to employees
and the public on the Town's website, social media sites, and other media
sources (Communications and Marketing, Technology Services)
MEASUREMENT: On- going, monitor weekly
PRINCIPLE STATEMENT 3
We will align our organizational culture and internal processes and procedures to
support an efficient and effective business - focused model for service delivery.
INITIATIVES:
S. Ensure all information systems are current, relevant, and are easily
accessible (Technology Services)
MEASUREMENT: On- going, monitor monthly
6. Enhance the Intranet to better serve employees (Technology Services,
Human Resources, Communications and Marketing)
MEASUREMENT: On- going, monitor monthly
7. Implement performance -based pay philosophy and develop a pay incentive
plan linked to the performance system (Human Resources, Manager's Office)
a. Create aperformance -based pay system based on objective criteria
linked to strategic plan goals and cultural values
MEASUREMENT: On- going, Annual review through budget process
8. Support an organization of excellence through Values in Action initiatives
(Human Resources, Manager's Office)
MEASUREMENT: On- going, monitor monthly
9. Encourage organization and individual leadership through participation in
professional organizations and achievement of professional certifications (All
Departments)
a. Support individual employee recognition by professional
organizations
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MEASUREMENT: On-going
10. Formalize process improvement reviews of Town practices to continually
improve efficiencies and effectiveness (Human Resources, Manager's Office)
MEASUREMENT: On-going
FOCUS AREA: HERITAGE
PRINCIPLE STATEMENT 1
We will seek to preserve the unique history and culture of Marana for generations to
come.
INITIATIVES:
1. Document Marana's history including its neighborhoods and business
districts with maps, photos, written histories, and artifacts (Community
Development, Technology Services, Manager's Office)
a. Work with community partners and heritage organizations to create
oral and written history using traditional and social media outlets
b. Encourage the use of on -line educational resources
c. Develop an inventory of places
d. Identify significant historic properties, areas, images and traditions
e. Begin the planning process for recognizing /preserving historic places
f. Explore staffing needs related to supporting heritage focus area
MEASUREMENT: On-going
2. Collaborate with historic preservation organizations (Community
Development, Airport, Parks, Manager's Office)
a. Collaborate with the Heritage Conservancy
b. Partner with the Pima Air and Space Museum and Pinal Air Park to
promote the area's aviation history
c. Plan for museum /cultural exhibits at the Heritage Park such as Cotton
Oil Producer's Building
d. Seek opportunities to attract cultural and historic displays for public
viewing
e. Provide support to the Heritage Conservancy for the annual Founders'
Day celebration
MEASUREMENT: On-going
3. Update and implement the Heritage Park Master Plan to showcase Marana's
history while maximizing economic development, tourism opportunities and
community events (Manager's Office, Parks)
Strategic Plan III 14,
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a. Develop a business plan for the Heritage Park, including engaging
stakeholders
b. Continue implementation of the Heritage Park Master Plan
c. Identify locations for interpretative historic monuments and markers
within the Heritage Park and at various locations of historic
significance around town
d. Capitalize on cotton as the second wedding anniversary gift as an
export tourism product
MEASUREMENT: Yearly progress report
4. Develop preservation incentive codes /overlay process to protect any current
or future historical areas (Planning, Community Development)
MEASUREMENT: Identified as part of Land Development Code Update
process
5. Expand and promote Marana Cotton Festival (formerly Fall Harvest Festival)
as a showcase of the Marana quality of life and its farming and ranching roots
(Special Events, Parks)
MEASUREMENT: Annual process
6. Identify ways to promote and expand Marana's agricultural interests with
"Farm to Table ", U -Pick, Farmer's markets, field trips, and unique crops
(Special Events)
MEASUREMENT: On-going
7. Strengthen agricultural research and development in the Marana area by
engaging Universities and private interests (Economic Development)
a. Partner with universities, agricultural cooperatives and other
professional /academic organizations to initiate research and
development programs including those involving unique crops
MEASUREMENT: On-going
8. Identify architectural design standards for infrastructure projects that reflect
key attributes and images of Marana's history (Planning)
a. Encourage innovative ways to reflect Marana's history through
architectural design
MEASUREMENT: To be completed within one -year of the adoption of
Strategic Plan III
FOCUS AREA: RECREATION
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PRINCIPLE STATEMENT 1
We will design, build and maintain appropriate high quality recreational amenities
to enhance the quality of life for Marana residents and visitors.
INITIATIVES:
1. Expand Marana's Loop system (Planning, Parks)
a. Continue working with partners and neighboring jurisdictions to develop
an extensive multi -use trail system in the Tortolita Mountains
b. Provide connection points, benches, shade, water fountains and
restrooms as part of new park amenities
c. Encourage all new residential and commercial developments to find
unique and creative ways to add value and to extend physical linkages to
the Marana Loop system
MEASUREMENT: On- going, monitor with each new development project
2. Pursue recreational and tourism development opportunities and projects
(Parks, Economic Development)
a. Implement recreational aspects of the tourism master plan
b. Support youth and amateur athletic programs as a way to generate
community involvement, recreational tourism, and showcasing
Marana's public facilities
c. Partner with public and private entities to promote Marana as a
recreation destination
d. Continue to promote recreational and tourism opportunities at
regional sporting events
e. Continue partnership with Oro Valley to promote trails and tourism
amenities
MEASUREMENT: On-going
3. Encourage grade- separated path and trail crossings at all arterial streets,
railways and major drainage ways (Engineering, Planning, Parks)
MEASUREMENT: On-going
4. Review and update the Parks Master Plan, aligning the plan with the Town's
strategic vision related to recreation
a. Identify future regional, district, and community parks
b. Identify linkages to tie neighborhoods, commercial centers and other
areas together through bike lanes, trails, multi -use paths, and other
recreational open space areas
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c. Seek ways to generate community interest to invest, support, and
volunteer to help establish an even greater parks and recreation
system
MEASUREMENT: Complete update within two -years of adoption of Strategic
Plan III
S. Identify and implement policies and procedures to ensure all projects within
Marana promote the recreation focus area to include connectivity, recreation
spaces, view sheds, multi -modal opportunities, and open space (Parks,
Planning)
MEASUREMENT: On- going, monitor with each project
PRINCIPLE STATEMENT 2
We will promote a healthy and active lifestyle through Town programs and
community partnerships.
INITIATIVES:
6. Engage residents with creative and exciting neighborhood programming
events such as movies, concerts, plays, and art exhibits (Special Events,
Parks)
MEASUREMENT: Citizen survey, social media comments, on -going evaluation
of each event
7. Ensure that new development (residential and commercial) includes
connections to pathways and trail systems (Planning, Parks)
MEASUREMENT: Monitor with each project
8. Continue to create path, greenway and trail linkage to parks, recreation
facilities, schools, commercial development and other public infrastructure
(Planning, Parks)
a. Identify a master trails, bike, pathway, sidewalk plan for the Marana
community, linking together the unique and separate development
areas of the community
MEASUREMENT: Monitor with each project, review annually
9. Support a multi -event complex plan for joint -use community centers or
similar assets for a wide range of recreational and cultural amenities
(Manager's Office, Planning, Parks)
MEASUREMENT: On-going
Strategic Plan III 17
9
Marana Council Meeting /06/2015 Pa 9 a 260 of 262
10. Develop "Friends of the Parks" volunteer corps (Parks)
MEASUREMENT: Complete within one -year of the adoption of Strategic Plan
III
11. Seek partnerships with public and private entities to provide programs and
enhanced services (Parks)
a. Develop unique relationships to deliver programs and services
without creating additional long -term financial commitments
MEASUREMENT: On-going
12. Develop strategies to engage the full spectrum of citizens (youth, young
adults, parents, seniors) in recreational programming and activities (Parks)
a. Utilize partnerships as a way to deliver programming services, if
possible
MEASUREMENT: Monitor monthly, on -going
13. Identify strategies to enhance and expand the Marana Senior program to be
more inclusive, engaging, and dynamic (Parks)
MEASUREMENT: On- going, monitor monthly, customer satisfaction surveys
14. Identify strategies to enhance and expand youth programs and activities with
the goal to attract new families to the Marana community due to the
reputation and service excellence provided by these programs (Parks)
MEASUREMENT: On-going
PRINCIPLE STATEMENT 3
We will capitalize on the uniqueness and value of the Sonoran Desert in our
community planning and tourism attraction efforts.
INITIATIVES:
15. Use recreation facilities and programming as opportunities to highlight the
unique Sonoran Desert (Parks)
MEASUREMENT: On-going
16. Identify regional destinations and recreational areas to showcase, educate
and communicate about the Sonoran Desert (Parks, Economic Development)
MEASUREMENT: On- going, annual review
Strategic Plan III 8
9
Marana Council Meeting /06/2015 Pa 9 a 26 of 262
17. Develop tourism package about Marana's unique geography and recreational
opportunities that can accompany a variety of marketing materials (tourism,
commerce, sporting events) (Economic Development)
MEASUREMENT: Complete within one -year of adoption of Strategic Plan III
Strategic Plan III 9
Marana Council Meeting 01/06/2015 Page 2610f 262
LAZY K BAR RANCH
SPECIFIC PLAN
1.6.15
REGIONAL LOCATION MAP
THE PLANNIN GCE NTER
Group, Inc.
cy divosion of TPC,
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RESIDENTIAL AREA, 80'1 40' = 66 LOTS
RESIDENTIAL AREA, 70'XI30'= 45 LOT
OPEN SPACE (OS) = 76.01 AC, 55% OF SITE
NUOS z APPROX 25% OF SITE
THF PLANNING ICE NTER
CONCEPTUAL SITE PLAN a divosion of l C Group, Inc.
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1. The site plan shall be revised such that no encroachment of residential lots shall occur
into a 300 -foot buffer on the western side of the property. Disturbance within this area will
be limited to the local roadway, roadway cut slopes, the internal loop trail per the Specific
Plan and utilities. Revegetation for disturbed areas utilizing native trees, shrubs and seed
mix shall be permitted within the buffer;
2. The Land Use Concept Plan provided in Exhibit I 11. E. 1 of the Specific Plan shall be
replaced with the attached site plan.
3. Disturbance of the 150 -foot buffer along the northern side of the property shall be
limited to utilities, public trail and reseeding of native plants in disturbed areas;
4. No lots shall encroach into Important Riparian Areas as delineated in the Specific Plan;
5. The sidewalk along the westernmost roadway shall be located on the eastern aspect
adjacent to the residential lot; as provided in the Specific Plan. No sidewalk shall be
placed on the western side of the roadway adjacent to the buffer where there are no
residential lots;
6. Said westernmost roadway shall incorporate vegetative screening along its western
aspect, adjacent to the buffer, as follows: native trees, including ironwood, mesquite,
foothills and blue palo verde and catclaw acacia shall be established and maintained in a
staggered fashion no less than 40 feet on center; native shrubs, such as hackberry,
wolfberry and other lycium species, shall be interspersed amongst the trees; native
groundcover, such as mammalaria, opuntia species, brittlebush, triangle leaf bursage and
native grasses shall be incorporated within the vegetative screening. All vegetation within
the vegetative screening area, with the exception of saguaros and ironwoods, shall be
established and maintained via irrigation for a period not less than five years prior to any
weaning off supplemental irrigation. Irrigation may continue indefinitely, as needed, to
maintain the vegetated screen of the buffer. Vegetation mortality within the vegetative
screening area shall trigger replanting of identical plants to supplement the species that
died. A plant palette for the vegetative screening area shall be developed with the
assistance of the Coalition for Sonoran Desert Protection.
7. Native existent salvageable ironwoods and saguaros within any authorized
disturbance area shall be transplanted and re- established on site with mortality triggering
replacement of said species. Disturbance of saguaros greater than six feet in height shall
be mitigated by planting and establishing two saguaros between four and six feet in height
for each saguaro greater than six feet in height disturbed. Saguaros and ironwoods shall
be monitored for a ten year period and mortality shall trigger replacement of same;
8. The Homeowner's Association shall be responsible for controlling and
eradicating non - native invasive species in all common areas;
9. No fencing of individual residential lots shall be allowed except for ordinary
and customary side and rear fencing and walls of a typical residential subdivision. All new
fencing along the perimeter of the property required per the Specific Plan shall be wildlife-
friendly fencing as described by the Arizona Game and Fish Department; and
10. Conditions #1, #3, #6, #7, #8 and #9 shall be recorded in the project's CC &R's
to ensure the future Homeowners Association is aware of and obligated to follow these
restrictions.
88 THE PLANNIN GCE NTER
cy divosion of T C, Group, Inc.
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THF PLANNINGCENTER
SCENIC DRIVE IMPROVEMENTS a divosion of TPC Group, Inc.
SITE LOCATION MAP &SITE PLAN
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Group, Inc.
cy divosion of TPC,
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H Conceptual Site Flan date: 08.26.14 p h- A 5 0 - 5 9 ip. ri T!? 5 6 f- 4 599 -7486
CONCEPTUAL MAIN ENTRANCE THEPLANNINGCENTER
cy divosion of TPC, Group, Inc.
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LAZY K B AR RANCH Themil r g date: 08.26.14 P, 45u L,1j1),79S6 1.480.6-99 ?986
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October 2014 Plan
Boundar
Curb
Lots
ROW
Trail- Existin
Trail- Proposed
Marana Wildlife Corridor
Surface Mana
National Park Service ( NIPS )
Private Land No Color)
State Trust Land
4 -4.7
J4
A
jF
4
W"
49 4d
0'4 4F 1 1 WAS, —.6m.
ear
"ok
-
IV
t
jF* T
.
.. o . 5 355 LF
. Me
-.
, y
- A.
-
, .�
. , 4. . 4 �.•,
349 L F
A 596 LF
1482 L
IIA I
Wildlife Connectivity
• The Project is respectful of the General Plan's
Wildlife Corridor
• There are no available data to indicate that
wildlife use of the corridor will be adversely
affected by the project development
• After development,, the narrowest portion of
the corridor plus buffer will be more than 75
percent greater than the existing narrowest
point
Le
Marana VMldlife
Corridor
Area Visible
From An Point
Alon Trail
Not Visible
Visible
Surface Mana
National Park
S erv i ce (N P S)
tate Trust Land
rivate Land ( No
Color
OL M"
- - - -------- - - - - --
244
<410
�40
_74EC
bo
2
'290
, 3 Ob 0 .50 .,090
Sa National Monument
7
�
�� Ali r� t� ! F � _,a l —FY i��7— P '_'. t�4
q
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Q
Q
Li
P 7M
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4 q
x
07)
F
< '
-Ti
National Monument jkj
_
LLJ
0
State Trust Land
l
= ,tom ,{ ,4
7 Le g end
Marana Wildlife Corridor
Surface Mana
National Park Service ( NP S
S
F
I
Ir
State Trust Land
Private Land No Color)
Sensitivit
Anal
0%-10%
10%-20%
% - 3D%
30%-40%
40%-50%
50%-60%
60%-70%
,2.0% - 80%
90%-100%
Sa National Monument
'K
22v V
U
222P
QY
4 J I ���;'
<
Il
C3
■
ti
Sa National Monument
k .
fill
0
0
I I � � -� ply
O
State Trust Land
Le
Affected Trail Areas
No Visibility
1 % - 10 %
11 %-25%
4! _T Imo/ f r
- �.. M � r ," t �,.�' ,F + { f r ,. �� x �� F� +i y + � r �-- . -� �- �',��� � ,� . � �. : t ' � fir - k `, f ; � {• j - q ' r'1 {
` ^ � + ' r r _ - -.� ,4 F. ti p W r 1 '- f +r ;`• L.,;...r A
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f
ti ~�r�
,
II--� � — r -- _ ,f � � , F I + ..r r � • } �+ lli 1 Y �� - ' - �� - + r r r .
I= -f � -'� � f � �`4 � '` � - � � `�� � � i �� y -•
_ r
2 6 % -5 0 %
I i
76% -1 00% L.� -_r 4y�, +}y f. L ; a'ry� { T 1 717 �7
■ J i r 1 . � -. � t.. - � ., � _ j� _`L +;/`-.,5�'S ,.. k 4 +` 14.,4. iF p T� ' � i _ ;S +� /
' fX C C ,o
-
Note. Vegetation Was not
factored in this visibilt model.
, .� �" � , mo t. ! •:\ - '
- 1]7 I ! 3_ } s
±y
1 \
M now F L, G -' r ` x i ;._4+ i' ^3'
.. I y j
9E
!
—
_ 5- II li t i y
y. I ". °� y f 1 _. q ` f .. ;rte. F4 �+ i /
Z +:J.. -, -
t
r f
2,. �,�� e I Saguaro Nat Monument
t,+
OL `
r 2 31 .. t" 24,4
J
}
e -5
._11 L
ff
rr, I
. I 0
� 5 "5,3, ,'.
SL rd
f 4000 � - RT
. I
Saguaro National Monument � Mate trust Land
I
' I
I !
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