Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
01/20/2015 Council Agenda Packet
M RA N WON N MARANA TOWN COUNCIL REGULAR COUNCIL MEETING NOTICE AND AGENDA 11555 W. Civic Center Drive, Marana, Arizona 85653 Council Chambers, January 20, 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 20, 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 01/20/2015 Pagel of 278 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 01/20/2015 Page 2 of 278 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 -006: Relating to Special Events; approving the Town of Marana Signature Event Series consisting of the Star Spangled Spectacular, the Marana Cotton Festival and the Marana Holiday Festival &Christmas Tree Lighting (Vickie Hathaway) C 2 Resolution No. 2015 -007: Relating to the Marana Regional Airport; approving and authorizing the Town Manager to execute Amendment # 1 to the Airport Development Reimbursable Grant Agreement for Grant Number E5 S10 between the State of Arizona by and through the Department of Transportation and the Town of Marana for design and replacement of taxiway and runway guidance signs and lighting (Lisa Shafer) C 3 Resolution No. 2015 -008: Relating to Police Department; approving and authorizing the Chief of Police to execute a State and Local HIDTA Task Force Agreement between the United States Department of Justice, Drug Enforcement Administration and the Marana Police Department (Lisa Shafer) C 4 Resolution No. 2015 -009: Relating to Parks and Recreation; approving and authorizing the Mayor to execute an agreement between the Town of Marana and S & S Bluegrass Promotions, LLC regarding the planning, development and presentation of the 2015 Marana Bluegrass Festival (Tom Ellis) C 5 Resolution No. 2015 -010: Relating to Community Development; approving and authorizing Town staff to submit the Town of Marana's updated priority list of proposed bond projects to the Pima County Bond Advisory Committee for consideration for inclusion in future Pima County general obligation bond elections (Lisa Shafer) Marana Council Meeting 01/20/2015 Page 3 of 278 C 6 Resolution No. 2015 -011 Relating to Real Property; approving and authorizing the Mayor to execute the Home Plate Easement Exchange Agreement with B and J Sports, LLC, for the exchange of easements on property located about 500 feet east of the intersection of Silverbell and Continental Reserve Loop /Coachline Boulevard (Frank Cassidy) C 7 Resolution No. 2015 -012: Relating to Public Works; approving and authorizing the Mayor to execute an intergovernmental agreement with the City of Tucson for participation in the Regional Transportation Data Network Communication System (Scott Leska) C g Approval of January 6, 2015 Regular Council Meeting Minutes (Jocelyn C. Bronson) LIQUOR LICENSES L 1 Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an application for a Person Transfer and a Location Transfer of a Series 7 Beer and Wine Bar liquor license submitted by Jared Michael Repinski on behalf of Holiday Inn Express located at 8373 N. Cracker Barrel Road, Tucson, Arizona 85743 (Jocelyn C. Bronson) BOARDS, COMMISSIONS AND COMMITTEES COUNCIL ACTION A 1 PUBLIC HEARING: Ordinance No. 2015.002: Relating to Development; approving a rezoning of approximately 3.2 acres of land located on the southeast corner of the Twin Peaks Road and Tangerine Road intersection from "C" (Large Lot Zone) to "NC" (Neighborhood Commercial) (Steve Cheslak) A 2 PUBLIC HEARING: Ordinance No. 2015.003: Relating to Development; amending Marana Ordinance No. 2002.19, which rezoned approximately 61.2 acres of land located on the west side of Silverbell Road, south of Ina Road from Zone R -144 to R -16, by increasing the maximum number of residential units from 41 to 56, increasing the total site disturbance from 30% to 37%, and making various other modifications (Cynthia Ross) A 3 Ordinance No. 2015.004: Relating to Utilities; amending Town Code Title 14 (Utilities) by adding Chapter 14 -10 (Industrial wastewater ordinance) (John Kmiec) Resolution No. 2015 -013: Relating to Utilities; declaring as a public record filed with the Town Clerk the amendments adopted by Ordinance No. 2015.004, amending Town Code Title 14 (Utilities) by adding Chapter 14 -10 (Industrial wastewater ordinance) (John Kmiec) Marana Council Meeting 01/20/2015 Page 4 of 278 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 01/20/2015 Page 5 of 278 - r C? RANA -P 115 5 5 W. CIVIC CENTER DI I - T. NIARANA. ARIZ ONA 8 5 65 3 To: Mayor and Council From: Vickie Hathaway, Assistant to the Town Manager Date: January 20, 2015 Strategic Plan Focus Area: Community, Heritage Item C 1 Strategic Plan Focus Area Additional Info: Strategic Plan III: Community Initiative 8: Market Marana as a destination for unique, family friendly events. Heritage Initiative 5: Expand and promote Marana Cotton Festival as a showcase of the Marana quality of life and its farming and ranching roots. Heritage Initiative 6: Identify ways to promote and expand agricultural interests with "Farm to Table ", U -Pick, Farmer's markets, field trips, and unique crops. Subject: Resolution No. 2015 -006: Relating to Special Events; approving the Town of Marana Signature Event Series consisting of the Star Spangled Spectacular, the Marana Cotton Festival and the Marana Holiday Festival &Christmas Tree Lighting (Vickie Hathaway) Discussion: Approval of the proposed resolution will establish the Star Spangled Spectacular, the Marana Cotton Festival (formerly the Harvest Festival), and the Marana Holiday Festival & Christmas Tree Lighting as the official lineup for the Town of Marana Signature Event Series. The annual Founders' Day Celebration has been taken over by the Marana Heritage Conservancy and will continue to have support from the Town of Marana as a supporting sponsor. Staff Recommendation: In accordance with the Marana Strategic Plan, staff recommends approval. Suggested Motion: Marana Council Meeting 01/20/2015 Page 6 of 278 I move to adopt Resolution No. 2015 -006, approving the Town of Marana Signature Event Series. Attachments: Resolution 2015 -006 Marana Council Meeting 01/20/2015 Page 7 of 278 MARANA RESOLUTION NO. 2015-006 RELATING TO SPECIAL EVENTS; APPROVING THE TOWN OF MARANA SIGNATURE EVENT SERIES CONSISTING OF THE STAR SPANGLED SPECTACULAR, THE MARANA COTTON FESTIVAL AND THE MARANA HOLIDAY FESTIVAL & CHRISTMAS TREE LIGHTING WHEREAS the Town of Marana is dedicated to marketing Marana as a destination for unique, family - friendly events, promoting low -cost or no -cost admissions to increase attendance and participation at events, identifying new ways of promoting programs and events, and maintaining and expanding event sponsorships through advertising and other forms of recognition as directed by the Community focus area of the Strategic Plan; and WHEREAS the Town of Marana is dedicated to honoring and recognizing our country's freedom and those who fought for it with the July 4 Star Spangled Spectacular; and WHEREAS the Town of Marana is dedicated to expanding and promoting the Marana Cotton Festival as a showcase of the Marana quality of life and its farming and ranching roots as directed by the Heritage focus area of the Strategic Plan; and WHEREAS the Town of Marana is dedicated to engaging families and showcasing the community's K -12 schools with the Marana Holiday Festival & Christmas Tree Lighting; and WHEREAS the Special Events Division, under the direction of the Town Manager's Office, is dedicated to fulfilling those initiatives; 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 of Marana Signature Event Series, consisting of the Star Spangled Spectacular in July, the Marana Cotton Festival in the Fall, and the Marana Holiday Festival & Christmas Tree Lighting in December, is hereby approved. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms and conditions of this resolution. 1 Resolution No. 2015 -006 Marana Council Meeting 01/20/2015 Page 8 of 278 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 20 day of January, 2015. ATTEST: Jocelyn C. Bronson, Town Clerk Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney 2 Resolution No. 2015 -006 Marana Council Meeting 01/20/2015 Page 9 of 278 - r C? RANA -P 11555 W. CIVIC CENTER DRI - T. KARANA. ARIZ ONA 8 5 6 5 3 To: Mayor and Council From: Lisa Shafer, Community Development Director Date: January 20, 2015 Strategic Plan Focus Area: Not Applicable Item C 2 Subject: Resolution No. 2015 -007: Relating to the Marana Regional Airport; approving and authorizing the Town Manager to execute Amendment #I to the Airport Development Reimbursable Grant Agreement for Grant Number ES S 10 between the State of Arizona by and through the Department of Transportation and the Town of Marana for design and replacement of taxiway and runway guidance signs and lighting (Lisa Shafer) Discussion: The Council originally approved the execution of this grant agreement on September 16, 2014, via Resolution No. 2014 -083. Pursuant to the proposed amendment to the agreement, the Arizona Department of Transportation (ADOT) has increased the award to the Town of Marana for the Airport Development Reimbursable Grant from $515,000 to $555,555. The purpose of this increase to the grant is to aid in the financing of the Runway End Identifier Lights (REIL's) in addition to the replacement of 50 taxiway and runway incandescent guidance signs and 25 in- ground taxiway edge lights. All of the signage and lights will be replaced with more energy efficient LED signage and lighting. These replacements will increase the safety of the Marana Regional Airport as well as bring the airport into compliance with the new guidance standards set forth by the FAA. Marana placed this project on the State's Airport Capital Improvement Program (ACIP) and it scored high on safety, therefore it was chosen by ADOT to be funded in this budget cycle. This grant is a 90/10 split on funding with ADOT reimbursing Marana up to a maximum of $500,000. Financial Impact: Fiscal Year: 2015 Budgeted Y /N: Yes Marana Council Meeting 01/20/2015 Page 10 of 278 Amount: $555,555 The total amount requested in the grant was $555,555. ADOT's share is up to $500,000 and the Town is required to pay the remaining 10% of $55,555. This is an increase of $4,055 from the original award. Staff Recommendation: Staff recommends approval of Amendment #I to the Airport Development Reimbursable Grant Agreement. Suggested Motion: I move to adopt Resolution No. 2015 -007, approving and authorizing the Town Manager to execute Amendment #I to the Airport Development Reimbursable Grant Agreement for Grant Number E5 S 10 between the State of Arizona by and through the Department of Transportation and the Town of Marana for design and replacement of taxiway and runway guidance signs and lighting. Attachments: Resolution 2015 -007 Exhibit A - Amendment #I to Agreement Marana Council Meeting 01/20/2015 Page 11 of 278 MARANA RESOLUTION NO. 2015-007 RELATING TO THE MARANA REGIONAL AIRPORT; APPROVING AND AUTHORIZING THE TOWN MANAGER TO EXECUTE AMENDMENT #1 TO THE AIRPORT DEVELOPMENT REIMBURSABLE GRANT AGREEMENT FOR GRANT NUMBER E5 S 10 BETWEEN THE STATE OF ARIZONA BY AND THROUGH THE DEPARTMENT OF TRANSPORTATION AND THE TOWN OF MARANA FOR DESIGN AND REPLACEMENT OF TAXIWAY AND RUNWAY GUIDANCE SIGNS AND LIGHTING WHEREAS A.R.S. § 28 -8411 authorizes the Town Council of the Town of Marana to undertake all activities necessary to acquire, establish, construct, own, control, lease, equip, improve, maintain, operate and regulate an airport; and WHEREAS A.R.S. § 28 -8413 authorizes the Town of Marana to accept and receive federal and other monies for the acquisition, construction, enlargement, improvement, maintenance, equipment or operation of an airport and to enter into agreements regarding the receipt of such monies; and WHEREAS on September 16, 2014, the Town Council adopted Resolution No. 2014 -083 approving and authorizing execution of an Airport Development Reimbursable Grant Agreement for Grant Number E5S 10 with the state of Arizona for design and replacement of taxiway and runway guidance signs and lighting; and WHEREAS the state of Arizona desires to increase the amount of the grant award to the Town for Grant Number E5 S 10; and WHEREAS the Town Council finds that entering into an amendment to the Airport Development Reimbursable Grant Agreement with the state is in the best interests of the Town and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. Amendment #1 to the Airport Development Reimbursable Grant Agreement for Grant Number E5 S 10 between the State of Arizona by and through the Department of Transportation and the Town of Marana attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Town Manager is hereby authorized to execute it for and on behalf of the Town of Marana. Resolution 2015 -007 Marana Council Meeting 01/20/2015 Page 12 of 278 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 this resolution. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 20 day of January, 2015. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney Resolution 2015 -007 2 Marana Council Meeting 01/20/2015 Page 13 of 278 Grant Number E5S10 Town of Marana Marana Regional Airport Arizona Department of Transportation Multimodal Planning Division Aeronautics Group Airport Development Reimbursable Grant Agreement Amendment Number #1 AMENDMENT to the Airport Development Reimbursable Grant Agreement E5 S I o dated September 26, 2014, between the STATE of ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION, through its Multimodal Planning Division (the "State ") and the Town of Marana, a political subdivision of the State of Arizona ( "the Sponsor "). AGREEMENT rI'he Airport Development Agreement dated September 26, 2014, is amended as follows: I. Revise Exhibit C. Schedule one, the project's description From: Design and replace 50 twy and rwy incandescent guidance replacement signs with LED signage and replace 25 in- ground twy edge lights to increase safety. To: Design and replace 50 twy and rwy guidance signs with LED signs, replace 25 MITLs with LEDs, replace REILs with LEDs. 2. Paragraph 2 of the obligations is replaced by the following: The maximum reimbursement available from the State to the Sponsor shall be five hundred thousand dollars ($500,000.00). 3. All other provisions of the Airport Development Agreement remain applicable and unchanged except as herein modified. 4. This Airport Development Agreement Amendment is effective upon the signature of the representative of the State. Page I of 2 Marana Council Meeting 01/20/2015 Page 14 of 278 Grant Number E5S10 Town of Marana Marana Regional Airport IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized respective officers. QT ❑ TIP • State of Arizona Department of Transportation Multimodal Planning Division ►� Mil ki Cofb- 0 2 Town of Marana Marana Regional Airport By: Title: Joseph S. Omer, Director Date: WITNESSED BY: Signature'. Print Name: Date: Signature: Title: Date: WIrTNESSED BY: Signature: Print Name: Date: Page 2 of Marana Council Meeting 01/20/2015 Page 15 of 278 - r C? RANA -P 11555 W. CIVIC CENTER DI I - T. KARANA. ARIZ ONA 8 5 6 5 3 To: Mayor and Council From: Lisa Shafer, Community Development Director Date: January 20, 2015 Strategic Plan Focus Area: Not Applicable Item C 3 Subject: Resolution No. 2015 -008: Relating to Police Department; approving and authorizing the Chief of Police to execute a State and Local HIDTA Task Force Agreement between the United States Department of Justice, Drug Enforcement Administration and the Marana Police Department (Lisa Shafer) Discussion: Currently the Town of Marana Police Department has an officer in a grant funded position under the High Intensity Drug Trafficking Area (HIDTA) program with the Pima County /Tucson Metro Counter Narcotics Alliance (CNA). A recent change in the supervisory staffing has allowed a unique opportunity for the Marana officer to continue to work in the HIDTA program but be a Credentialed Task Force Officer with the Drug Enforcement Administration (DEA). This federal credentialing will benefit the Marana Police Department and the officer greatly. The Town will not incur any additional costs associated with the change and the officer will continue to be paid through the HIDTA grant agreement. Financial Impact: Fiscal Year: 2015 Budgeted Y /N: No Amount: 0 This grant has no impact on the budget. The officer's salary and benefits are currently being paid out of separate grant agreement With CNA. Staff Recommendation: Staff recommends approval of the agreement. Marana Council Meeting 01/20/2015 Page 16 of 278 Suggested Motion: I move to adopt Resolution No. 2015 -008, approving and authorizing the Chief of Police to execute the Task Force Agreement between the United States Department of Justice, Drug Enforcement Administration and the Marana Police Department for Fiscal Year 2015. Attachments: Resolution 20015 -008 Exhibit A to Resolution - Agreement Marana Council Meeting 01/20/2015 Page 17 of 278 MARANA RESOLUTION NO. 2015-008 RELATING TO POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE CHIEF OF POLICE TO EXECUTE A STATE AND LOCAL HIDTA TASK FORCE AGREEMENT BETWEEN THE UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION AND THE MARANA POLICE DEPARTMENT WHEREAS evidence has shown that trafficking in narcotics and dangerous drugs exists in the Pima County area; and WHEREAS the United States Department of Justice, Drug Enforcement Administration (DEA) has established a DEA Tucson Task Force whose mission is to investigate, prosecute and disrupt illicit drug trafficking in the State of Arizona; and WHEREAS currently the Town of Marana Police Department has an officer in a grant - funded position under the High Intensity Drug Trafficking Area (HIDTA) program with the Pima County/Tucson Metro Counter Narcotics Alliance (CNA); and WHEREAS A recent change in the supervisory staffing has allowed a unique opportunity for the Marana officer to continue to work in the HIDTA program but be a Credentialed Task Force Officer with the Drug Enforcement Administration; and WHEREAS the Mayor and Council of the Town of Marana find it is in the best interests of its citizens to enter into this task force agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, approving the State and Local HIDTA Task Force Agreement between the DEA and the Marana Police Department, attached to this resolution as Exhibit A, and author- izing the Chief of Police to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the task force agreement. -1- Resolution No. 2015 -008 Marana Council Meeting 01/20/2015 Page 18 of 278 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 20th day of January, 2015. ATTEST: Jocelyn C. Bronson, Town Clerk Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney -2- Resolution No. 2015 -008 Marana Council Meeting 01/20/2015 Page 19 of 278 ExHIBIT A TO RESOLUTION No. 2015 -008 STATE AND LOCAL HIDTA TASK FORCE AGREEMENT BETWEEN DRUG ENFORCEMENT ADMINISTRATION AND MARANA POLICE DEPARTMENT This agreement is made this day of , 2015, between the United States Department of Justice, Drug Enforcement Administration (hereinafter "DEA "), and the Marana Police Department (hereinafter "MPD "). The DEA is authorized to enter into this cooperative agreement concerning the use and abuse of controlled substances under the provisions of 21 U.S.C. § 873. Whereas there is evidence that trafficking in narcotics and dangerous drugs exists in the State of Arizona and that such illegal activity has a substantial and detrimental effect on the health and general welfare of the people of the State of Arizona, the parties hereto agree to the following: 1. The DEA Sierra Vista Office (Officer detailed to the DEA Tucson Task Force) will perform the activities and duties described below: a. disrupt the illicit drug traffic in the State of Arizona area by immobilizing targeted violators and trafficking organizations; b. gather and report intelligence data relating to trafficking in narcotics and dangerous drugs; and c. conduct undercover operations where appropriate and engage in other traditional methods of investigation in order that the task force's activities will result in effective prosecution before the courts of the United States and the State of Arizona. 2. To accomplish the objectives of the DEA Sierra Vista Office (Officer detailed to the DEA Tucson Task Force), the MPD agrees to detail one (1) experienced Officer to the DEA Sierra Vista Office for a period of not less than two years. During this period of assignment, the MPD Officer will be under the direct supervision and control of DEA supervisory personnel assigned to the Task Force. 3. The MPD Officer assigned to the Task Force shall adhere to all DEA policies and procedures. Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the Task Force. 4. The MPD Officer assigned to the Task Force shall be deputized as Task Force Officers of DEA pursuant to 21 USC 878. 100040704.DOCX / 12015 Marana PD — Sierra Vista HIDTA Agreement Page 1 Marana Council Meeting 01/20/2015 Page 20 of 278 ExHIBIT A TO RESOLUTION No. 2015 -008 5. To accomplish the objectives of the DEA Sierra Vista Office (Officer detailed to DEA Tucson Task Force), DEA will assign six (6) Special Agents to the Task Force. HIDTA will also, subject to the availability of annually appropriated funds or any continuing resolution thereof, provide necessary funds and equipment to support the activities of the DEA Special Agents and MPD Officer assigned to the Task Force. This support will include: office space, office supplies travel funds, funds for the purchase of evidence and information, investigative equipment, training and other support items. 6. During the period of assignment to the DEA Sierra Vista Office (Officer detailed to the DEA Tucson Task Force), the MPD will remain responsible for establishing the salaries and benefits, including overtime, of the MPD Officer assigned to the Task Force and for making all payments due them. HIDTA will, subject to availability of funds, reimburse the MPD for overtime payments made by it to the one (1) MPD Officer assigned to the DEA Sierra Vista Office for overtime, up to a sum equivalent to 25 percent of the salary of a GS -12, Step 1 law enforcement officer general schedule locality pay tables, rest of the United States table (currently $17,374.25), per officer. Note: Task Force Officers overtime "Shall not include any costs for benefits, such as retirement, FICA, and other expenses. " 7. In no event will the MPD charge any indirect cost rate to DEA for the administration or implementation of this agreement. 8. The MPD shall maintain on a current basis complete and accurate records and accounts of all obligations and expenditures of funds under this agreement in accordance with generally accepted accounting principles and instructions provided by DEA to facilitate on -site inspection and auditing of such records and accounts. 9. The MPD shall permit and have readily available for examination and auditing by DEA, the United States Department of Justice, the Comptroller General of the United States and any of their duly authorized agents and representatives, any and all records, documents, accounts, invoices, receipts or expenditures relating to this agreement. The MPD shall maintain all such reports and records until all litigation, claim, audits and examinations are completed and resolved or for a period of three (3) years after termination of this agreement, whichever is sooner. 10. The MPD shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, as amended, and all requirements imposed by or pursuant to the regulations of the United States Department of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, H and I. 11. The MPD agrees that an authorized Officer or employee will execute and return to DEA the attached ON Form 4061/6, Certification Regarding Lobbying; Debarment, suspension and Other Responsibility Matters; and drug -Free Workplace Requirements. The MPD acknowledges that this agreement will not take effect and no federal funds will be awarded until the completed certification is received. 100040704.DOCX / 12015 Marana PD — Sierra Vista HIDTA Agreement Page 2 Marana Council Meeting 01/20/2015 Page 21 of 278 ExHIBIT A TO RESOLUTION No. 2015 -008 12. When issuing statements, press releases requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or part with federal money, the MPD shall clearly state: (1) percentage of the total cost of the program or project which will be financed with federal money and (2) the dollar amount of federal funds for the program or project. 13. The MPD understands and agrees that HIDTA will provide the MPD Task Force Officer with vehicles suitable for surveillance. HIDTA through DEA will furnish mobile radios for installation in the HIDTA Task Force vehicles and HIDTA will assume the cost of installation and removal. HIDTA will be financially responsible for the purchase of fuel for the leased vehicles and for providing routine maintenance, i.e., oil changes, lubes and minor tune -ups via the HIDTA lease contractor. DEA and HIDTA procedures for reporting and investigating automobile accidents involving Official Government Vehicles (OGVs) -HIDTA lease vehicles shall apply to accidents involving the leased vehicles furnished to the MPD personnel, in addition to whatever accident reporting requirements the MPD may have. 14. While on duty and acting on task force business, the MPD Officer assigned to the HIDTA Task Force shall be sub j ect to all DEA and federal government rules, regulations and procedures governing the use of OGVs for home to work transportation and for personal business. The HIDTA Executive Committee acknowledges that the United States is liable for the actions of Task Force Officers, while on duty and acting within the scope of their federal employment, to the extent permitted by the Federal Torts Claim Act. 15. The term of this agreement shall be effective from the date in paragraph number one until September 30, 2015. This agreement may be terminated by either party on 30 days advance written notice. Billing for all outstanding obligations must be received by DEA within 90 days of the date of termination of this agreement. HIDTA will be responsible only for obligations incurred by MPD during the term of this agreement. For the Drug Enforcement Administration: Douglas W. Coleman Special Agent in Charge For the Marana Police Department: Terry S. Rozema Chief of Police Date Date 100040704.DOCX / 12015 Marana PD — Sierra Vista HIDTA Agreement Page 3 Marana Council Meeting 01/20/2015 Page 22 of 278 - r C? RANA -P 11555 W. CIVIC CENTER DRIVE. NIARANA. ARIZ ONA 8 5 6 5 3 To: Mayor and Council From: Tom Ellis, Parks & Recreation Director Date: January 20, 2015 Strategic Plan Focus Area: Community Item C 4 Strategic Plan Focus Area Additional Info: Strategic Plan III identifies Community as one of its five focus areas and includes the initiative to market Marana as a destination for unique, family- friendly events. Subject: Resolution No. 2015 -009 Relating to Parks and Recreation; approving and authorizing the Mayor to execute an agreement between the Town of Marana and S & S Bluegrass Promotions, LLC regarding the planning, development and presentation of the 2015 Marana Bluegrass Festival (Tom Ellis) Discussion: On March 4, 2014, the Town Council adopted Resolution No. 2014 -020, approving an agreement with S & S Bluegrass Promotions for the purpose of assisting the Town and two non - profit associations in presenting the 2nd Annual Marana Bluegrass Festival on April 12 -13, 2014. S & S Bluegrass Promotions plans, implements, and manages bluegrass related special events and books bluegrass bands for concerts, festivals, and events. If approved, this item will approve an agreement that provides for S & S to take the lead in planning, coordinating, promoting and presenting the third annual edition of the Festival, as particularly described in the Scope of Work attached to the agreement. Financial Impact: Fiscal Year: 2015 Budgeted Y /N: Y Amount: $2,500 Marana Council Meeting 01/20/2015 Page 23 of 278 Total compensation of $2,500 will be paid to S & S Bluegrass Promotions under the agreement which is included in the current year budget. In addition, the Town will provide in -kind support for the Festival totaling $6,944.00. Staff Recommendation: Staff recommends approval of the agreement between the Town of Marana and S & S Bluegrass Promotions, LLC for the 2015 Bluegrass Festival. Suggested Motion: I move to adopt Resolution 2015 -009, approving and authorizing the Mayor to execute the agreement between the Town of Marana and S & S Bluegrass Promotions for the 2015 Marana Bluegrass Festival. Attachments: Resolution 2015 -009 Exhibit A to Resolution 2015 -009 Agreement Scope of Work - Exhibit A to Agreement Vendor Indemnification Form - Exhibit B to Agreement Spreadsheet Town In -Kind Support - Exhibit C Marana Council Meeting 01/20/2015 Page 24 of 278 MARANA RESOLUTION NO, 2015-009 RELATING TO PARKS AND RECREATION; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE TOWN OF MARANA AND S & S BLUEGRASS PROMOTIONS, LLC REGARDING THE PLANNING, DEVELOPMENT AND PRESENTATION OF THE 2015 MARANA BLUEGRASS FESTIVAL WHEREAS on January 6, 2015, the Town Council adopted the Town of Marana Strategic Plan III which identifies Community as one of its five focus areas and includes the initiative to market Marana as a destination for unique, family - friendly events; and WHEREAS for the past several years, the Town, in collaboration with several non - profit entities and others in the local bluegrass community, has presented the Marana Bluegrass Festival; and WHEREAS S & S Bluegrass Promotions ( "S & S ") is an Arizona limited liability company organized to plan, implement and manage bluegrass - related special events and to book bluegrass bands for concerts, festivals and events; and WHEREAS on March 4, 2014, the Town Council adopted Resolution No. 2014 -20 approving an agreement with S & S regarding S & S's participation in the presentation of the 2014 Marana Bluegrass Festival (the "2014 Agreement "). The 2014 Agreement was effective on March 4, 2014, and had an initial term of one year; and WHEREAS the Town and S & S desire to terminate the 2014 Agreement and enter into a new agreement for S & S to plan, develop and present the 2015 Marana Bluegrass Festival (the "Festival ") with support and assistance from the Town as described in this Agreement; and WHEREAS the Town Council finds that approval of an agreement related to the planning, development and presentation of the 2015 Marana Bluegrass Festival as set forth in 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, ARIZONA, as follows: SECTION 1. The agreement between the Town of Marana and S & S Bluegrass Promotions, LLC regarding the planning, development and presentation of the 2015 Marana Bluegrass Festival, 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. 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 agreement. Resolution No. 2015 -009 - 1 - Marana Council Meeting 01/20/2015 Page 25 of 278 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 20th day of January, 2015. ATTEST: Jocelyn C. Bronson, Town Clerk Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney Resolution No. 2015 -009 -2- Marana Council Meeting 01/20/2015 Page 26 of 278 EXHIBIT A To RESOLUTION No. 2015 -009 AGREEMENT BETWEEN THE TOWN OF MARANA ANDS & S BLUEGRASS PROMOTIONS, LLC FOR THE 2015 MARANA BLUEGRASS FESTIVAL THIS AGREEMENT (the "Agreement ") is entered into by and between the TOWN OF MARANA, an Arizona municipal corporation (the "Town ") and S & S BLUEGRASS PROMO- TIONS, LLC, an Arizona limited liability company ("'S & S "). The Town and S & S are sometimes collectively referred to in this Agreement as the "Parties," each of which is sometimes individually referred to as a "Party." RECITALS A. In January 2015, the Town Council of the Town of Marana adopted the Town of Marana Strategic Plan III (the "'Plan"). The Plan identifies Community as one of its five focus areas. Under the Community focus area, the Plan includes an initiative to market Marana as a destination for unique, family - friendly events. B. For the past several years, the Town, in collaboration with several non - profit enti- ties and others in the local bluegrass community, has presented the Marana Bluegrass Festival. C. S & S Bluegrass Promotions is an Arizona limited liability company organized to plan, implement and manage bluegrass - related special events and to book bluegrass bands for concerts, festivals and events. D. On March 4, 2014, the Town Council adopted Resolution No. 2014 -20 approving an agreement with S & S regarding S & S's participation in the presentation of the 2014 Marana Bluegrass Festival (the "2014 Agreement"'). The 2014 Agreement was effective on March 4, 2014, and had an initial term of one year. E. The Town and S & S desire to terminate the 2014 Agreement and enter into a new agreement for S & S to plan, develop and present the 2015 Marana Bluegrass Festival (the "Festival ") with support and assistance from the Town as described in this Agree- ment. F. The Town finds that the benefits to the Town resulting from S & S's production and presentation of the 2015 Marana Bluegrass Festival have a value at least equal to the fair market value of the in -kind support and assistance and compensation to be provid- ed to S & S by the Town pursuant to this Agreement. {00040643.DOC /} 2015 S & S MARANA BLUEGRASS FESTIVAL AGREEMENT 1/6/2015 JF -1- Marana Council Meeting 01/20/2015 Page 27 of 278 EXHIBIT A To RESOLUTION No. 2015 -009 AGREEMENT NOW, THEREFORE, based on the foregoing recitals, which are incorporated here as the intent of the Parties in entering into this Agreement, and in consideration of the terms of this Agreement, the Parties hereby agree as follows: 1. Termination of 2014 Agreement. The 2014 Agreement is hereby terminated by mu- tual consent of the Parties. 2. Services to be performed by S & S. S & S shall plan, develop and present the 2015 Marana Bluegrass Festival at Ora Mae Harn Park, 13250 N. Lon Adams Road, as set forth in this paragraph 2, and in the Scope of Work, attached hereto and incorporated herein by this reference as Exhibit A. The Festival will be held April 10 -12, 2015, during the times mutually agreed upon by the Parties. The Festival will include performances by bluegrass bands and musicians, food and craft vendors, and other related activities. a. S & S shall recruit, select, approve and contract with musicians and vendors for the Festival. The vendors may include food and crafts exhibitors and other exhib- itors consistent with the theme of the Festival and the terms of this Agreement. S & S shall ensure that all Marana Bluegrass Festival vendors possess a current Town of Marana business license as of the date of the Festival. S & S shall also en- sure that all food vendors possess a current and appropriate permit from the Pima County Health Department, if required, as of the date of the Festival. b. S & S shall ensure that all Festival vendors enter into a release and indemnifi- cation agreement in the form set forth in Exhibit B, attached hereto and fully incor- porated herein by this reference. c. All marketing and promotional materials produced by S & S for the Festival must be approved by the Town prior to their use and distribution. d. S & S shall provide sufficient staffing to present and run the Festival on both days. e. S & S shall provide security for the Festival pursuant to a security plan ap- proved by the Town. 3. Payment and invoices. Except as otherwise agreed to in a written amendment to this Agreement signed by the Parties, for all services and work performed by S & S pursuant to this Agreement, the Town shall pay S & S the comprehensive, inclusive flat fee of $2,500.00 as follows: a. S & S shall submit an invoice to the Town Representative for $1,000.00 on or about the date of execution of this Agreement. b. S & S shall submit an invoice to the Town Representative for $1,500.00 upon final accounting and payment of all outstanding accounts after the Festival. c. Each invoice submitted by S & S to the Town shall include: i. The days when the work and services were performed. {00040643.DOC /} 2015 S & S MARANA BLUEGRASS FESTIVAL AGREEMENT 1/6/2015 JF -2- Marana Council Meeting 01/20/2015 Page 28 of 278 EXHIBIT A To RESOLUTION No. 2015 -009 ii. The milestones or goals achieved pursuant to this Agreement, where appli- cable. iii. Reference to Town tracking numbers, including Purchase Order numbers, authorizing payment for the work and services addressed by the invoice. d. The Town shall pay S & S within 30 days after the Town Representative ap- proves S & S's invoice or any portion of it. 4. Support and assistance to be provided by the Town. In addition to the payment set forth in paragraph 3 above, the Town shall provide in -kind support and assistance, at no cost to S & S, as set forth in Exhibit C, attached hereto and incorporated herein by this reference. 5. Expenses; admission and other activity fees. Except as provided in paragraphs 3 and 4 above, S & S shall be responsible for all of its operating expenses. S & S may assess, collect and retain admission and other activity fees from parties who wish to attend and participate in the Marana Bluegrass Festival. The Town makes no guarantee or promise regarding the amount of compensation S & S will receive due to admission and other activity fees. a. S & S shall make available to the Town for inspection any books, ledgers or statements kept by S & S regarding activities conducted pursuant to this Agreement. b. S & S shall be liable for all taxes applicable to the proceeds received by S & S under this Agreement, whether those proceeds are from the Town pursuant to para- graph 3 above, or are from other sources. The Town shall not withhold or pay feder- al, social security, or state income taxes or workers' compensation out of the pro- ceeds payable by the Town under this Agreement, unless duly ordered to do so by a court or other government authority with jurisdiction. 6. Effective date and duration. This agreement shall be effective as of the signature date of the last Party to sign this Agreement, and shall remain in effect until May 31, 2015. Notwithstanding the foregoing, the indemnification provisions set forth in para- graph 10 below shall survive termination of this Agreement. 7. Relationship of the parties. In the performance of the services contemplated by this Agreement, S & S shall act solely as an independent contractor, and nothing expressed or implied in this Agreement shall be construed to create the relationship of employer and employee, partnership, principal and agent, or to create a joint venture between the Town and S & S. 8. Use of Town logo and seal. The Town grants S & S a limited license to use, at no cost, the Town's logo and seal in S & S's performance of the services described in this Agreement. S & S shall not use the Town's logo and seal for any other purpose or use. S & S shall not modify, revise or alter the Town's logo or seal in any way. 9. Insurance. S & S and any subcontractor who performs any work for S & S under this Agreement shall maintain insurance throughout the term of this Agreement from {00040643.DOC /} 2015 S & S MARANA BLUEGRASS FESTIVAL AGREEMENT 1/6/2015 JF -3- Marana Council Meeting 01/20/2015 Page 29 of 278 EXHIBIT A To RESOLUTION No. 2015 -009 carriers acceptable to the Town with the following required minimum coverages and limits: Commercial General Liability U.S. $1,000,000 per occurrence U.S. $2,000,000 aggregate a. S & S shall deliver one or more certificates of insurance evidencing coverage as described in this paragraph 9, including coverage required of any subcontractor, to the Town upon execution of this Agreement and prior to commencing any activities pursuant to this Agreement. S & S shall also deliver new certificates of insurance each time the policy(s) is updated. All certificates shall be delivered to the Town's Parks and Recreation Director. b. The Town shall be named as an additional insured on the commercial general liability insurance policies required by this paragraph 9. As an additional insured, the Town shall be provided coverage for any liability arising out of operations per- formed in whole or in part by or on behalf of S & S or any subcontractor. S & S shall deliver additional insured endorsement(s) along with the certificate(s) of insurance required by subparagraph (a) above. The additional insured endorsement form identification number shall also be included within the description box on the certif- icate of insurance and the applicable policy number shall be included on the en- dorsement. c. All policies required pursuant to this paragraph 9 shall be endorsed to contain a waiver of transfer of rights of recovery (subrogation) against the Town, its agents, officers, officials, and employees for any claims arising out of S & S's or any subcon- tractor's work or service. Endorsements evidencing this waiver of subrogation shall be provided to the Town along with all other insurance documentation required by this Article. d. The certificate(s) shall also stipulate that the insurance afforded S &Sand any subcontractor shall be primary insurance and that any insurance carried by the Town, its agents, officials or employees shall be excess and not contributory insur- ance to that provided by S & S or any subcontractor. Coverage provided by S & S and any subcontractor shall be primary insurance with respect to all other available sources. e. The insurance requirements specified in this paragraph 9 may not be changed or modified except by written agreement signed by both Parties. f. S & S 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 9. S & S shall give the Town immediate notice of any other cancellation or reduction of any coverage required by this paragraph 9. Cancellation or reduction of any cover- age required by this paragraph 9 is grounds for termination of this Agreement by the Town. {00040643.DOC /} 2015 S & S MARANA BLUEGRASS FESTIVAL AGREEMENT 1/6/2015 JF -4- Marana Council Meeting 01/20/2015 Page 30 of 278 EXHIBIT A To RESOLUTION No. 2015 -009 10. Indemnification. S & S agrees to defend, save, hold harmless, and indemnify the Town, its officials, employees, agents, successors, and assigns from and against any and all manner of claims, suits, lawsuits, action or actions, causes or causes of action, liabili- ties, damages, and other claims and demands of whatsoever nature or kind, in law or in equity, in tort or in contract, or otherwise caused by or resulting from S & S's errors, omissions, or negligent acts in the performance of services pursuant to this Agreement, or the errors, omissions or negligent acts of any party S & S contracts with in the per- formance of services pursuant to this Agreement, anyone directly or indirectly em- ployed by S & S, or anyone for whose acts S & S may be liable. 11. Regulatory compliance and approvals. Each Party shall at its own expense comply with all applicable federal, state and local laws, rules, and regulations in connection with its obligations under this Agreement. As part of this obligation, S & S shall obtain any and all permits required by the Town, the Northwest Fire District or any other appropriate regulatory agency for its activities under this Agreement. In consideration of the services to be performed by S & S under the terms of this Agreement, to the ex- tent legally permissible, the Town agrees to waive all Town of Marana review and per- mit fees that S & S would normally be required to pay for S & S's activities pursuant to this Agreement. 12. Notices. All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: If to the Town, to: TOWN OF MARANA Attn: Parks and Recreation Director 11555 W. Civic Center Drive - Bldg A3 Marana, AZ 85653 If to S & S, to: S & S BLUEGRASS PROMOTIONS, LLC Attn: James Sanchez 4701 W. Linda Vista, Apt. 12102 Tucson, Arizona 85742 13. Entire agreement. This Agreement constitutes the entire agreement and under- standing of the Parties pertaining to the subject matter of the Agreement and super- sedes all offers, negotiations, and other agreements of any kind. All prior and contem- poraneous agreements, representations and understandings of the Parties, oral or writ- ten, are superseded and merged in this Agreement. 14. Authority to execute agreement. The individuals executing this Agreement hereby represent that they have full right, power, and authority to execute this Agreement on behalf of their respective Parties. 15. Force majeure. Notwithstanding any other term, condition or provision of this Agreement to the contrary, if any Party to this Agreement is precluded from satisfying or fulfilling any duty or obligation imposed upon it due to labor strikes, material short- {00040643.DOC /} 2015 S & S MARANA BLUEGRASS FESTIVAL AGREEMENT 1/6/2015 JF -5- Marana Council Meeting 01/20/2015 Page 31 of 278 EXHIBIT A To RESOLUTION No. 2015 -009 ages, war, civil disturbances, weather conditions, natural disasters, acts of God, or other events beyond the control of such Party, the time period provided herein for the per- formance by such Party of such duty or obligation shall be extended for a period equal to the delay occasioned by such events. 16. Immigration laws. S & S warrants that it will at all times comply with all federal immigration laws and regulations that relate to their employees and with Arizona Re- vised Statutes section (A.R.S. §) 23 -214 (A). S & S acknowledges that pursuant to A.R.S. § 41 -4401 and effective September 30, 2008, a breach of this warranty is a material breach of this Agreement subject to penalties up to and including termination of this Agreement, and that the Town retains the legal right to inspect the papers of any em- ployee who performs work or services pursuant to this Agreement to ensure compli- ance with this warranty. 17. Conflict of interest. This Agreement is subject to the provisions of A.R.S. § 38 -511, which provides for termination in certain instances involving conflicts of interest. 18. Attorneys' fees. The prevailing Party in a civil action to enforce this Agreement shall be entitled to recover from the other Party, in addition to any relief to which such prevailing Party may be entitled, all costs, expenses and reasonable attorneys' fees in- curred in connection with that civil action. 19. Governing law. This Agreement shall be construed in accordance with the laws of the State of Arizona. 20. Termination. Either Party may terminate its participation in this Agreement for any reason upon at least 15 days' prior written notice to the other Party. 21. Miscellaneous. a. This Agreement may not be modified except in a writing signed by both of the Parties. b. The captions and section numbers appearing in this Agreement are inserted only as a matter of convenience, and do not define, limit, construe or describe the scope or intent of such sections or articles of this Agreement. c. 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 consti- tute one and the same agreement. [SIGNATURE PAGE FOLLOWS] 100040643.DOC /} 2015 S & S MARANA BLUEGRASS FESTIVAL AGREEMENT 1/6/2015 JF -6- Marana Council Meeting 01/20/2015 Page 32 of 278 EXHIBIT A To RESOLUTION No. 2015 -009 IN WITNESS WHEREOF, the Parties have duly executed this instrument below. The ""Town": TOWN OF MARANA, an Arizona munici- pal corporation "S & S" : S & S BLUEGRASS PROMOTIONS, LLC, an Arizona limited liability company Ed Honea, Mayor Date: ATTEST: Town Clerk Date APPROVED AS TO FORM: Town Attorney Date STATE OF James Sanchez, Member Date Federal I.D. # )ss. County of ) The foregoing instrument was acknowledged before me this day of 2015 by James Sanchez, member of S & S BLUEGRASS PROMO- TIONS, LLC, an Arizona limited liability company, on behalf of the LLC. (Seal) Notary Public 100040643.DOC /} 2015 S & S MARANA BLUEGRASS FESTIVAL AGREEMENT 1/6/2015 JF -7- Marana Council Meeting 01/20/2015 Page 33 of 278 EXHIBIT A To RESOLUTION No. 2015 -009 LIST OF EXHIBITS Exhibit A: Scope of Work Exhibit B: Form of Release and Indemnification Agreement Exhibit C: Spreadsheet listing Town In -Kind Support and Assistance 100040643.DOC /} 2015 S & S MARANA BLUEGRASS FESTIVAL AGREEMENT 1/6/2015 JF 8 Marana Council Meeting 01/20/2015 Page 34 of 278 EXHIBIT A to AGREEMENT BETWEEN TOWN OF MARANA AND S & S BLUEGRASS PROMOTIONS, LLC 2015 MARANA BLUEGRASS FESTIVAL S &S BLUEGRASS PROMOTIONS, LLC — Scope of Work — 2015 Marana Bluegrass Festival Perform and coordinate pre - Festival planning and Festival management activities to include: Direct Marana Bluegrass Festival Committee activities; select, organize and manage Festival Committee, schedule and run meetings Festival Stage Management; provide a Master of Ceremonies, prepare, coordinate, and manage performance schedule Contract Festival sound system provider with appropriate equipment and experience amplifying acoustic music in an outdoor venue Select and contract headline performers Design 2015 Marana Bluegrass Festival Program, including performance schedule, band bios, and Festival information Provide 2015 Marana Bluegrass Festival promotion; flyer distribution to regional festivals and bluegrass organizations, media contact and public service announcement in Tucson, Phoenix, and Flagstaff markets Perform radio spot for KXCI community radio Create and maintain Marana Bluegrass Festival website www.maranafestival.com Coordinate and staff volunteer effort Collect Festival gate and vendor receipts; pay outstanding Festival accounts 100040646. DOCX /} Marana Council Meeting 01/20/2015 Page 35 of 278 EXHIBIT B to AGREEMENT BETWEEN TOWN OF MARANA AND S & S BLUEGRASS PROMOTIONS, LLC 2015 MARANA BLUEGRASS FESTIVAL Release and Indemnification Agreement In consideration of the acceptance of my Vendor Application for the Marana Bluegrass Festival to be held April 10 -12, 2015, I do hereby, for myself, my child /ren, my heirs, executors and assigns, release the Town of Marana (Town) and S & S Bluegrass Promotions, LLC (S & S), and their respective agents, officials and employees from liability for any harm, injury, or damage, which I, or my minor child /ren, may suffer while participating in the above - described event. This includes all risks that are connected with the event whether foreseen or unforeseen. Additionally, I agree to defend, save, hold harmless, and indemnify the Town and S & S, and their respective officials, employees, agents, successors, and assigns from and against any and all manner of claims, suits, lawsuits, action or actions, causes or causes of action, liabilities, damages, and other claims and demands of whatsoever nature or kind, In law or In equity, in tort or in contract, or otherwise caused by or resulting from my errors, omissions, or negligent or intentional acts in connection with the above - described event. I am of lawful age and legally competent to execute this Agreement. I understand the terms of this Agreement and have agreed to its terms as my own free act. If I am acting on behalf of an organization, I certify that I am the agent of the organization, I am acting on the organization's behalf, and I am duly authorized to execute this Release and Indemnification Agreement on the organization's behalf. By signing below, I acknowledge that I have read and agree to abide by all the terms, conditions, rules and regulations outlined in this Vendor Application Form and that I have read and understand the terms of this Release and Indemnification Agreement and agree that I shall be bound by its terms and conditions. {00040648. DOCX /} Marana Council Meeting 01/20/2015 Page 36 of 278 Marana Council Meeting 01/20/2015 Page 37 of 278 EXHIBIT C Town of Marana In -Kind Support Assistance to 2015 Marana Bluegrass Festival Resource Unit Unit Quantity Unit Cost Total Ora Mae Harn Park Soccer Field ea /day 1 $95.00 $190.00 Ball field ea /day 5 $95.00 $950.00 Ramada ea /day 5 $160.00 $1,600.00 Ramada large ea /day 1 $192.00 $384.00 Pavillion ea /day 1 $240.00 $480.00 Showmobile stage event 1 $400.00 $400.00 Event Set up hour 48 $21.00 $1,008.00 Event custodial hour 28 $21.00 $588.00 Event Tear Down hour 24 $21.00 $504.00 Administrative Support hour 30 $28.00 $840.00 Total Support $6,944.00 Marana Council Meeting 01/20/2015 Page 37 of 278 - r C? RANA -P 11555 W. CIVIC CENTER DRI - T. KARANA. ARIZ ONA 8 5 6 5 3 Item C 5 To: Mayor and Council From: Lisa Shafer, Community Development Director Date: January 20, 2015 Strategic Plan Focus Area: Heritage, Recreation Strategic Plan Focus Area Additional Info: The projects presented to the Pima County Bond Advisory Committee directly align with the Heritage and Recreation Initiatives of the Town of Marana's Strategic Plan. We will design, build and maintain appropriate high quality recreational amenities to enhance the quality of life for Marana residents and visitors. We will promote a healthy and active lifestyle through Town programs and community partnerships. We will seek to preserve the unique history and culture of Marana for generations to come. Subject: Resolution No. 2015 -010: Relating to Community Development; approving and authorizing Town staff to submit the Town of Marana's updated priority list of proposed bond projects to the Pima County Bond Advisory Committee for consideration for inclusion in future Pima County general obligation bond elections (Lisa Shafer) Discussion: The Pima County Bond Advisory Committee is going through the process of approving funding levels for projects that will be recommended to the Board of Supervisors to be placed on the ballot for a possible 2015 Bond Election. In April of 2014, the Council approved a priority list of potential bond projects that was provided to the Bond Committee. Since that time all of the projects, with the exception of one, have been eliminated due to lack of funding from the Bond Committee. On November 21, 2014 the Bond Committee recommended the Marana Cultural and Heritage Park be included in the Bond Package and funded at $19 million. During this meeting County Administrator, Chuck Huckleberry, stated that if the Town chose to, it could allocate $3 million of that $19 million to another project within the Town of Marana. Upon reviewing critical Town needs, major renovations to the Ora Mae Harn pool was identified as a potential project for inclusion in the Bond Program (totaling $3 million) . The Marana Pool was originally constructed 30 years ago and has been maintained consistently Marana Council Meeting 01/20/2015 Page 38 of 278 over the years first by Pima County Parks and Recreation and, starting in 1992, by the Town of Marana. This renovation project is intended to add amenities and improve the aquatic program offerings for residents and surrounding areas. The project will add swim lanes, splash features for young children, and zero depth entry. The much needed renovations will also bring the pool facilities into compliance with new ADA regulations. The Marana pool is utilized by the Marana Marlins, a non - profit recreational swim team coordinated by local parents and serving over 300 youth swimmers, the Northwest YMCA, which provides low cost swim lessons to residents, and Marana Middle School students during their physical education classes in the spring and fall. Last summer, the pool had an average of 100 swimmers or more daily during open swim. An updated priority list is attached for approval and submission to the Bond Committee. Additionally, a status update to the previous 2014 priority list has also been attached for Council's information. Staff Recommendation: Staff recommends approval of the Town's updated priority list of proposed bond projects. Suggested Motion: I move to adopt Resolution No. 2015 -010, approving and authorizing Town staff to submit the Town of Marana's updated priority list of proposed bond projects to the Pima County Bond Advisory Committee. Attachments: Resolution 2015 -010 Exhibit A Current Priority List Previous Project Status Update Pool Project Request Heritage Park Project Request Marana Council Meeting 01/20/2015 Page 39 of 278 MARANA RESOLUTION NO, 2015-010 RELATING TO COMMUNITY DEVELOPMENT; APPROVING AND AUTHORIZING TOWN STAFF TO SUBMIT THE TOWN OF MARANA' S UPDATED LIST OF PROPOSED BOND PROJECTS TO THE PIMA COUNTY BOND ADVISORY COMMITTEE FOR CONSIDERATION FOR INCLUSION IN FUTURE PIMA COUNTY GENERAL OBLIGATION BOND ELECTIONS WHEREAS the Pima County Bond Advisory Committee evaluates submissions from Pima County and the incorporated jurisdictions within Pima County in order to recommend a package of projects for inclusion in general obligation bond elections; and WHEREAS on February 12, 2013, the Town Council adopted Resolution No. 2013 -011 ap- proving a list of proposed bond projects to be submitted to the Bond Committee for consideration for inclusion in future bond elections; and WHEREAS on April 1, 2014, the Town Council adopted Resolution No. 2014 -034 approving an updated list of proposed bond projects to be submitted to the Bond Committee for consideration for inclusion in future bond elections; and WHEREAS the Mayor and Council of the Town of Marana find it is in the best interests of its citizens to submit a new updated list of proposed projects to the Pima County Bond Advisory Committee, including a request for funding for renovations to the Marana Pool at Ora Mae Hare Park. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town of Marana's updated list of proposed bond projects attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and Town staff is hereby authorized and directed to submit the list to the Pima County Bond Advisory Committee for and on behalf of the Town of Marana. SECTION 2. The Town's Manager and staff are hereby directed and authorized to under- take all other and further tasks required or beneficial to carry out the terms, obligations, and objec- tives of this resolution. -1- Resolution No. 2015 -010 Marana Council Meeting 01/20/2015 Page 40 of 278 PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 20th day of January, 2015. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney -2- Resolution No. 2015 -010 Marana Council Meeting 01/20/2015 Page 41 of 278 EXHIBIT Ranking Project Project Request 1 PR213 Marana Cultural & Heritage Park 32 2 Marana Pool Renovation 3 3 FC8 *Barnett Linear Channel 6 4 FC9 *Lower Santa Cruz River Levy 7 5 CD4 *Affordable Housing (Marana) 1 6 CD5 *Neighborhood Housing Stock Retention Fund 1 7 FM39 *North Marana Library & Multi- Generational Community Center 16,700,000 8 PR210 *Bureau of Reclamation Sports Park 17,500,000 9 PR211 *Southern Marana Multi- Generational Community Center 5 *Projects previously elimated from Bond Package Marana Council Meeting 01/20/2015 Page 42 of 278 Ranking Project Project Request Status 1 Marana Heritage River Park Economic Development 20,000,000 Projects 1 & 2 were combined into one project and the Bond Committee recommended funding at 19 million. 2 PR213 Marana Cultural & Heritage Park 17,800,000 3 FC8 Barnett Linear Channel 6,000,000 Bond Committee did not recommend any funding 4 FC9 Lower Santa Cruz River Levy 7,000,000 Bond Committee did not recommend any funding 5 CD4 Affordable Housing (Marana) 1,500,000 Bond Committee did not recommend any funding 6 CD5 Neighborhood Housing Stock Retention Fund 1,000,000 Bond Committee did not recommend any funding 7 FM39 North Marana Library & Multi- Generational Community Center 16,700,000 Bond Committee did not recommend any funding 8 IPR210 Bureau of Reclamation Sports Park 17,500,000 Bond Committee eliminated on 4/25/2014 9 IPR211 Southern Marana Multi- Generational Community Center 5,400,000 Bond Committee did not recommend any funding Partner Project FM84 Marana Health Center Expansion Marana Health Center revised location to Flowing Wells Marana Performing Arts /Community Center Bond Committee did not recommend any funding Norther Marana Library /MUSD Bond Committee did not recommend any funding Marana Council Meeting 01/20/2015 Page 43 of 278 Department: Town of Marana Parks and Recreation Department New Project: December 2014 2014 Bond Election Proposed Project Project Name: Marana Pool Renovation Location: This project is located at Ora Mae Harn Park, 13250 N Lon Adams Road, which is within the incorporated jurisdiction of the Town of Marana. Scope: Design and construction of upgrades to the aging 25 yard Marana Pool including redesign and replacement of all plumbing and filtration systems; removal of diving well; add lanes; modify and replace concrete deck and gutter; add zero depth entry to meet ADA codes with child area /splash toys and slide tower; improve lighting, replace deck amenities, and update the pool bath house to meet ADA codes and add family changing facilities, perform interior cosmetic and amenity upgrades, renovate, redesign, and upgrade all HVAC, plumbing, and electrical systems; improve the efficiency of the patron admission process. Benefits: This project addresses the aquatic recreation needs of the N Marana and surrounding county residents. It updates the existing pool facility adding 15 years to the assets lifespan. Costs: $3,000,000 Bond Funding: $3,000,000 Other Funding: None identified at this time Fiscal Year Project Start and Finish Date: The project start and finish dates will be determined as part of the Bond Program Implementation Phase and through intergovernmental agreements with Pima County. Project Management Jurisdiction: The Town of Marana will have project management jurisdiction for this project. Future Operating and Maintenance Costs: Operation and maintenance costs for this project will be part of the Town of Marana budgeting process. Anticipated costs for the additional facility amenities and programing are $58,000. There is also the opportunity of increased revenue with the added amenities. Regional Benefit: The direct benefit of the project is to the pool users in north Marana and surrounding Pima County, including students at Marana Middle School who use the pool as part of their physical education classes. Marana Council Meeting 01/20/2015 Page 44 of 278 Requestor: Town of Marana Date: January 2015 2014 Bond Election Proposed Project Project Name: Marana Cultural and Heritage Park Location: The Marana Heritage River Park is located just north of the Santa Cruz River, in portions of Sections 33 and 34, T11S R11E. The site straddles Heritage Park Drive and is located just west of Tangerine Farms Road. Interstate 10 (1 -10) is approximately two miles to the east. Scope: Complete the design and construction of the Marana Heritage River Park (sports, performance and event facilities and infrastructure) Site development, reconstruction of public facilities to serve as interpretive and exhibition spaces, heritage and arts facilities, access (pedestrian and vehicular), parking, convenience facilities, picnic areas, demonstration areas, areas of passive recreation, economic development opportunities and trail connections to the Santa Cruz River are all contained in the site plan. Benefits: The long -term vision for the park is to showcase Marana's agrarian culture by integrating demonstration farming, community gardens, arts and cultural exhibits, performance and event venues, equestrian facilities, and a farmer's market as the centerpiece of a thriving commercial district and tourist destination. As the Town of Marana works to create a safe community with a strong sense of place, where diverse people are motivated to be involved and feel connected, needed and appreciated it is important that the Town develop key initiatives and high - quality projects. The Heritage River Park celebrates Marana's rich history and agricultural heritage and provides an opportunity to offer a sense of place for the community and economic benefits through private — public partnerships. The Marana Heritage River Park tells the story of region's past and Marana's role. It celebrates honors and interprets the community's history and culture as part of an integrated recreation experience. Located along the Santa Cruz River, the park will highlight the importance of the river and water and the role of agriculture in the arid southwest from prehistory through modern farming and agribusiness. Residents and visitors will be able to explore the evolution of the rural landscape through educational programs, art events, interactive exhibits, living history, and recreation. By partnering with private investors and community -based organizations, the Town aims to create an economically viable destination for both locals and tourists alike. The Heritage Park project features four distinct development areas: the Heritage Farm, Heritage Plaza, Heritage Park, and Heritage Ranch, all connected with an extensive system of walking /biking trails and shared -use paths. Heritage Farm One element of the Marana Heritage River Park is the Marana Heritage Farm. This learning farm provides an opportunity for Marana citizens to learn how to grow fruits and vegetables. Water has been Marana Council Meeting 01/20/2015 Page 45 of 278 the foundation for community farming throughout history and served as a central factor in the development of what is now known as Marana. The learning farm showcases Marana and the region's heritage through farming and irrigation demonstrations and relevant exhibits providing an outdoor classroom for adults, children and families. The Heritage Farm will feature community gardens, an open -air farmer's market, commercial kitchen facilities and flexible space for public and private use. The Community Gardens will link area residents with agrarian opportunities passed down as the rich farming heritage of the community evolved. The Garden is a place where individuals and families can grow a portion of their own food in a collaborative environment, benefiting from the experience of other gardeners. Small garden plots with shared composting, tool storage, and water will be made available to the community. Heritage Plaza The Marana Heritage Plaza provides a flexible space where a tree -lined central court serves as a shady space for family or community celebrations. Successful development of commercial partnerships is central to the viability of the Marana Heritage River Park. Bringing together rustic structures with updated and new amenities developed for commercial uses allows the Town to provide space within the Marana Heritage River Park. This creates a business - friendly environment while providing a tourism destination. Heritage Park The Heritage River Park offers the community family - friendly play areas with attractions geared for every age. Themed areas may include a tractor playground, outdoor amphitheater and an agrarian influenced splash pad and provide learning opportunities throughout the park. The Marana Heritage River Park has been designed to highlight the importance of water use in the Santa Cruz River Valley. Marana has a long and rich history with more than 4,200 years of continuous human occupation. Long before the coming of the Spanish Conquistadors and missionaries in the 17th Century, the area was inhabited by the Hohokam people who developed extensive canal systems and used waters from the Santa Cruz River to irrigate crops. After WWI that Marana became primarily an agricultural center, producing mainly cotton, but also wheat, barley, alfalfa and pecans. Heritage Ranch Marana and the region's proud heritage of ranching and rodeo come to life at the Marana Heritage Ranch. This facility will draw participants and viewers to experience the rich western culture kept alive through equestrian activities, concerts, fairs, and special events. The Santa Cruz River Shared -Use Path is part of an integrated fully - linked trail system. It provides visitors and residents an alternative mode of transportation for access to park amenities. The path is part of the Juan Batista de Anza National Historic Trail and The Loop. It features rest nodes with benches, bike racks, shade, and landscaping. The path provides a safe ADA accessible path for recreational purposes and equestrian access to the Santa Cruz River. Marana Council Meeting 01/20/2015 Page 46 of 278 Total Cost Estimate: $64,000,000 Bond Funding: Requested - $32,000,000. Pima County Bond Committee Recommended - $16,000,000 Other Funding: In addition to the land contribution and $2,000,000 already invested into development of the Park, the Town will leverage additional General Fund, private investment and grant dollars to maximize the impact of Pima County Bond funds. Total Cost Estimate by Major Task: $16,000,000 Site Design 1 Earthwork /Drainage 2 Transmission line relocation 450,000 Site utilities 2 New roadway & Parking 2 Site furnishings 300,000 Pedestrian walkways 195,000 Ramadas and group gathering area 375,000 Maintenance area & storage 250,000 Equestrian arenas 1 Stock pens 175,000 Spectator seating 68,000 Arena Lights 250,000 Site fencing and gates 83,000 Restroom building 754,000 Participant and Spectator parking 850,000 Tangerine Road turn bay 150,000 Performance amphitheater 750,000 Lighted Soccer Field 900,000 Lights and fencing for existing ball fields 325,000 Landscaping 270,000 Fiscal Year Project Start and Finish Date: The project start and finish dates will be determined as part of the Bond Program Implementation Phase and through intergovernmental agreements with Pima County. Project Schedule by Major Task: • Site Design -8 months • Earthwork /Drainage /Transmission line relocation -3 months 0 Project Construction -9 months Marana Council Meeting 01/20/2015 Page 47 of 278 Project Management Jurisdiction: The Town of Marana will have project management jurisdiction for this project. Operating Jurisdiction: The Town of Marana will have operating jurisdiction for this project. Future Operating and Maintenance Costs: Maintenance costs, estimated at $315,000 (indirect and administrative) - for park improvements will be paid by the Town of Marana using General Fund dollars. The Marana Heritage Farm will be included as acreage in the Town's park inventory and programmed into the resource allocation for park maintenance as part of the Town's annual budget process. Both on- going funds for maintenance and one time funds for park development will be programmed as available. The Town of Marana Parks and Recreation Department will maintain all areas of the Heritage River Park property not encumbered to another entity through a "partner -use agreement ". This includes, but is not be limited to, all entry points, fallow fields, fence lines, irrigation systems, landscaping, park facilities, paths, road frontage and service drives. Maintenance regimens will be based on best practices appropriate for the site to insure that Town of Marana Park Standards are met. Regional Benefit: Full development of the Marana Heritage Park will provide a recreation destination for the region. Its convenient location off of 1 -10 allows for easy access for tourist and visitors. Supervisor District of Project Location: District 3 Marana Council Meeting 01/20/2015 Page 48 of 278 - r C? RANA -P 11555 W. CIVIC CENTER DRIVE. NIARANA. ARIZ ONA 8 5 6 5 3 Item C 6 To: Mayor and Council From: Frank Cassidy, Town Attorney Date: January 20, 2015 Strategic Plan Focus Area: Not Applicable Subject: Resolution No. 2015 -011 Relating to Real Property; approving and authorizing the Mayor to execute the Home Plate Easement Exchange Agreement with B and J Sports, LLC, for the exchange of easements on property located about 500 feet east of the intersection of Silverbell and Continental Reserve Loop /Coachline Boulevard (Frank Cassidy) Discussion: B and J Sports, LLC, owns the former Monkey Business site on Silverbell Road, east of Continental Reserve Loop /Coachline Boulevard, and is in the process of establishing a new restaurant called Home Plate. The site has existing access and water easements held by the Town. B and J Sports has requested the Town to grant partial releases of the existing easements. Meanwhile, the Utilities Department has determined that it needs a new public waterline and pipeline easement across the Home Plate site as part of its overall system needs. B and J Sports is willing to exchange the easement rights the Town needs for no compensation in exchange for a partial release of the existing easements and waiver of the normal fees associated with the partial release. Financial Impact: Town staff believes the combined value of the portions of the existing easements the Town is releasing and the fees the Town would forego as part of this agreement is less than the value of the new easement the Town is obtaining. Town staff has offered to acquire the new easement using the normal appraisal process, and to charge the normal fees for releasing the existing easements, but B and J Sports believes that any additional compensation it may be owned is not worth the potential delays associated with that process. B and J Sports and Town staff believe that the proposed agreement is the most expedient and fairest way to handle this exchange. Marana Council Meeting 01/20/2015 Page 49 of 278 Staff Recommendation: Staff recommends adoption of Resolution 2015 -011, approving and authorizing the Mayor to execute the Home Plate Easement Exchange Agreement. Suggested Motion: I move to adopt Resolution 2015 -011, approving and authorizing the Mayor to execute the Home Plate Easement Exchange Agreement. Attachments: Resolution 2015 -011 Exhibit A Home Plate Easement Exchange with Exhibits Marana Council Meeting 01/20/2015 Page 50 of 278 MARANA RESOLUTION NO. 2015-011 RELATING TO REAL PROPERTY; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE HOME PLATE EASEMENT EXCHANGE AGREEMENT WITH B AND J SPORTS, LLC, FOR THE EXCHANGE OF EASEMENTS ON PROPERTY LOCATED ABOUT 500 FEET EAST OF THE INTERSECTION OF SILVERBELL AND CONTINENTAL RESERVE LOOP /COACHLINE BOULEVARD WHEREAS BAND J SPORTS, LLC, owns an improved parcel of land consisting of approximately two acres and a restaurant /commercial building located on the south side of Silverbell Road, about 500 feet east of its intersection with Continental Reserve Loop /Coachline Boulevard (the "Home Plate Parcel "); and WHEREAS the Home Plate Parcel is burdened by a perpetual access easement and an existing water and pipeline easement granted to and held by the Town; and WHEREAS BAND J SPORTS has requested the Town to grant partial releases of the existing access easement and water and pipeline easement to accommodate its development of the Home Plate commercial enterprise on the Home Plate Parcel; and WHEREAS the Town needs a new public waterline and pipeline easement across the Home Plate Parcel as part of its overall system needs; and WHEREAS the Town and BAND J SPORTS are willing to exchange the easement rights in accordance with the Home Plate Easement Exchange Agreement; and WHEREAS the Mayor and Council of the Town of Marana find that the best interests of Marana and its citizens are served by entering into the Home Plate Easement Exchange Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the Home Plate Easement Exchange Agreement attached to this resolution as Exhibit A is hereby approved, and the Mayor is authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the agreement. {00040715.D0CX /} Resolution No. 2015 -011 - 1 - 1/9/2015 2:19 PM FJC Marana Council Meeting 01/20/2015 Page 51 of 278 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 20 day of January, 2015. ATTEST: Jocelyn C. Bronson, Town Clerk Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00040715.D0CX /} Resolution No. 2015 -011 -2- 1/9/2015 2:19 PM FJC Marana Council Meeting 01/20/2015 Page 52 of 278 HOME PLATE EASEMENT EXCHANGE AGREEMENT (Town of Marana, Arizona) THIS AGREEMENT ( "Agreement ") is made and entered into by and between THE TOWN OF MARANA, an Arizona municipal corporation (the "Town "), and BAND J SPORTS, LLC, an Arizona limited liability company ("B&F). The Town and B &J are sometimes collectively referred to as the "Parties," each of which is sometimes individually referred to as a "Party." RECITALS A. B &J owns an improved parcel of land consisting of approximately two acres and a restau- rant /commercial building located on the south side of Silverbell Road, about 500 feet east of its intersection with Continental Reserve Loop /Coachline Boulevard, Pima County Assessor's Parcel Number 221- 21 -004F, legally described in Exhibit A to the Special Warranty Deed rec- orded in the office of the Pima County Recorder on December 23, 2014 at Sequence 20143570787 (the "Home Plate Parcel "). B. The Home Plate Parcel is burdened by a perpetual access easement recorded in the Pima County Recorder's office on November 1, 2007 at Docket 13173, Page 1603, Sequence 20072120348 (the "Access Easement ") and an existing water and pipeline easement recorded in the Pima County Recorder's office on August 30, 2007 at Docket 13130, Page 3690, Sequence 20071690729 (the "Existing Water & Pipeline Easement "). C. The Access Easement and the Existing Water & Pipeline Easement were granted to, and are held by, the Town. D. To accommodate its use and further development of the Home Plate Parcel, B &J has re- quested the Town to grant partial releases of the Access Easement and the Existing Water & Pipeline Easement. E. Unrelated to the further development of the Home Plate Parcel, the Town has determined that it needs a new public waterline and pipeline easement (the "New Water & Pipeline Ease- ment") across the Home Plate Parcel as described in Exhibit A and depicted in Exhibit B at- tached to and incorporated by this reference in this Agreement. F. B &J is willing to grant the New Water & Pipeline Easement to the Town in exchange for the partial releases of the Access Easement and the Existing Water & Pipeline Easement as described in detail below and the other terms of this Agreement. G. The Town is willing to grant partial releases of the Access Easement and the Existing Wa- ter & Pipeline Easement as described in detail below in exchange for the New Water & Pipeline Easement and the other terms of this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants set forth in this Agreement, the Parties hereby agree as follows: {00040710.DOCX /} 1/9/2015 5:18 PM TOWN OF MARANA /B AND J SPORTS HOME PLATE EASEMENT EXCHANGE AGREEMENT -1- Marana Council Meeting 01/20/2015 Page 53 of 278 1. Exchange of easements. No later than March 1, 2015, the Parties will complete the follow- ing exchange: (A) Town to B &J. The Town, acting through its Town Engineer, shall execute one or more instruments prepared and/or approved as to form by the Marana Town Attorney releas- ing the following: (i) That portion of the Access Easement legally described in Exhibit C and depicted in Exhibit D attached to and incorporated by this reference in this Agreement. (ii) That portion of the Existing Water &Pipeline Easement legally described in Ex- hibit Eand depicted in Exhibit F attached to and incorporated by this reference in this Agreement. (B) B &J to Town. B &J shall execute one or more instruments prepared and /or approved as to form by the Marana Town Attorney granting the New Water &Pipeline Easement to the Town. 2. Recording. The instruments referred to in paragraph 1 above shall be simultaneously rec- orded in the office of the Pima County Recorder at the Town's cost, if any. 3. Waiver of certain Town fees. The Town shall waive its customary fees for title review, abandonment, release, development agreement preparation, Council action, and any other fee that would normally be required for the release of easements. This paragraph does not apply to other Town fees associated with construction and development of the Home Plate Parcel, such as any applicable building code fees, development fees, water and sewer connection fees, etc. (if any), all of which are not waived by this paragraph. 4. Miscellaneous. (A) This Agreement may not be modified except in a writing signed by the Parties. (B) 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. (C) If either Party 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 Agree- ment, 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 estab- lishing its rights under this Agreement, including, without limitation, court costs and rea- sonable attorneys' fees. (D) 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. (E) This Agreement is subject to A.R.S. § 38-511, which provides for cancellation of contracts in certain instances involving conflicts of interest. (F) Exhibits referred to in this Agreement are attached to and incorporated by refer- ence as if set forth in full in this Agreement. {00040710.DOCX /} 1/9/2015 5:18 PM TOWN OF MARANA /B AND J SPORTS HOME PLATE EASEMENT EXCHANGE AGREEMENT -2- Marana Council Meeting 01/20/2015 Page 54 of 278 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the last date set forth below their respective signatures. THE "TowN" : " B &J" : TOWN OF MARANA, an Arizona municipal BAND J SPORTS, LLC, an Arizona limited corporation liability company Ed Honea, Mayor Date: ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney State of Arizona 0 Rick James, Member Denise Borg, Member Date: ss County of Pima ) The foregoing instrument was acknowledged before me on by Rick James, Member of BAND J SPORTS, LLC, an Arizona limited liability company, on behalf of the LLC. (Seal) Notary Public State of Arizona ss County of Pima ) The foregoing instrument was acknowledged before me on by Denise Borg, Member of BAND J SPORTS, LLC, an Arizona limited liability company, on behalf of the LLC. (Seal) Notary Public {00040710.DOCX /} 1/9/2015 5:18 PM TOWN OF MARANA /B AND J SPORTS HOME PLATE EASEMENT EXCHANGE AGREEMENT -3- Marana Council Meeting 01/20/2015 Page 55 of 278 LIST OF EXHIBITS Exhibit A Legal Description of the New Water & Pipeline Easement to be granted by B &J to the Town Exhibit B Depiction of the New Water & Pipeline Easement to be granted by B &J to the Town Exhibit C Legal Description of the portion of the Access Easement to be released by the Town Exhibit D Depiction of the portion of the Access Easement to be released by the Town Exhibit E Legal Description of the portion of the Existing Water & Pipeline Easement to be released by the Town Exhibit F Depiction of the portion of the Existing Water & Pipeline Easement to be released by the Town {00040710.DOCX /} 1/9/2015 5:18 PM TOWN OF MARANA /B AND J SPORTS HOME PLATE EASEMENT EXCHANGE AGREEMENT -4- Marana Council Meeting 01/20/2015 Page 56 of 278 * *1 ilf OLARIS 3528 N FLOWING WELLS RD 10 AND TUCSON, ARIZONA 85705 SURVEYING, L L C TEL: 520 - 322 -6400 FAX: 520 - 322 -6401 LEGAL DESCRIPTION —Job No. 14146 November 5, 2014 EXCLUSIVE PUBLIC WATERLINE &PIPELINE EASEMENT: An Exclusive Public Waterline & Pipeline Easement over a portion of Parcel "A" per Book 46 at Page 71 of Surveys, Pima County Records, as described in Docket 12571 at Page 5959, Pima County Records, located in the Northeast quarter of Section 28, Township 12 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona, being more particularly described as follows: Beginning at the Southwest corner of said Parcel "A "; Thence South 58 °41'11 "East 26.84 feet upon the Southwest line of said Parcel "A ", Thence North 10°00'06 "East 131.39 feet to the Northeast line of said Parcel "A ", to the Southwest right -of -way of Silverbell Road, to a non - tangent curve, turning to the right, concave to the North, from which the radius point bears North 15 East at 10,100.00 feet distant; Thence Northwesterly upon said curve, upon the Northeast line of said Parcel "A ", upon the Southwest right -of -way of Silverbell Road, through a delta angle of 0008,33 " and an arc length of 25.13 feet to the Northwest corner of said Parcel "A "; Thence South 10 0 00'06" West 124.21 feet upon the West line of said Parcel "A" to the Point of Beginning. Area of said easement contains 3,194.8 square feet or 0.07 acres, more or less. 35543 � TODD�A. EXPIRES 12 -31 -15 Marana couiE"M T WOM1 -TOME PLATE EASEMENT EXCHANGE AGREEMEN�ge 57 of 278 Cl R= 10100.00' 8qS 0 =00 45'52 sk S 74° /S F C ' v o- o ° " L V 4g O ,, B L= 134.75 NG r7 r& L= 100.00 � E 9 S • � � » D � 8 ° KT L � o > » 949 ` .3 N 15 48 29 E N 15 1 1 10 E 0 , 1 p 0 KT P q0 cv d - (RADIAL) %� 949 G 56 co 46 PG PC 5 2 N � ; J , � CIR��, 100.00 cv NEW WATER N 7 . d- J LINE EASEMENT 4 ° 48 50 ,, ;2 0 CO AREA = 3,194.8 S.F. W 36 .65 Q m 2 ALUM. CAP CURVE RADIUS DELTA ANGLE ARC LENGTH "RLS 12122" C 1 10100.00' 0 °08'33" 25.13' 7 POINT OF BEGINNING LINE BEARING DISTANCE L1 S 58 °41 ' 1 1 " E 26.84' L2 N 10 0 00'06" E 131.39' L3 S 10 0 00'06" W 124.21 ' ICI SOUTHWEST S CORNER s8� PARCEL "A" � 'SA '7 a N OF 111 � I CO AI qAN 2� \2,\ Q 33s6\ �h A � ,7 c �.� \ �p� � � �' 35543 � O �A �� TOD�D� A. a' 10 GRAPHIC SCALE: 1 Inch = 60 Feet F r1. ry s,- q 15 o so so 120 Q R2�NA, R OLARIS EXPIRES 12 -31 -15 AND POLARIS JOB NO. 14146 DATE: NOV. 5 2014 SURVEYING, LLC EXHIBIT OF AN EXCLUSIVE PUBLIC WATERLINE &PIPELINE 3528 N. FLOWING WELLS RD. EASEMENT OVER A PORTION OF THE PARCEL DESCRIBED IN TUCSON ARIZONA 85705 DOCKET 12571 PAGE 5959, LOCATED IN THE N.E. 114 OF SECTION TEL.: (520) 322 -6400 . FAX: (520) 322 -6401 28 T. 12 S., R. 12 E., G. & S. R. M., PIMA COUNTY, ARIZONA * *1 ilf OLARIS 3528 N FLOWING WELLS RD 10 AND TUCSON, ARIZONA 85705 SURVEYING, L L C TEL: 520 - 322 -6400 FAX: 520 - 322 -6401 LEGAL DESCRIPTION —Job No. 14146 November 5, 2014 PARTIAL ABANDONMENT OF PUBLIC ACCESS EASEMENT: The abandonment of a portion of a Public Access Easement described in Docket 13173 at Page 1603, Pima County Records, over a portion of Parcel "A" per Book 46 at Page 71 of Surveys, Pima County Records, as described in Docket 12571 at Page 5959, Pima County Records, located in the Northeast quarter of Section 28, Township 12 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona, being more particularly described as follows: Commencing at the Southwest corner of said Parcel "A "; Thence North 10'00'06" East 64.54 feet upon the Northwest line of said Parcel "A" to the most Westerly point of said existing Access Easement described in Docket 13173 at Page 1603, Pima County Records; Thence South 74 1 45'12" East 20.00 feet upon the Southwest line of said existing easement to a curve, turning to the right, concave to the Southwest, with a radius of 4.50' feet; Thence Southerly upon said curve, through a delta angle of 84 0 45'18" and an arc length of 6.66 feet to the Point of Beginning of said abandonment area; Thence South 10 0 00'06" West 48.28 feet to a non - tangent curve, turning to the right, concave to the West, from which the radius point bears South 22 West 2.00 feet distant; Thence Southerly upon said non - tangent curve, through a delta angle of 98 0 51'11 " and an arc length of 3.45 feet; Thence South 31 '23'19" West 0.52 feet; Thence South 58°36'41 " East 11.33 feet to a non - tangent curve, turning to the right, concave to the West, from which the radius point bears South 31 1 23'13" West 5.00 feet distant; Thence Southeasterly upon said non - tangent curve, through a delta angle of 78 and an arc length of 6.83 feet, Thence South 58 0 41'11 " East 366.23 feet to a non - tangent curve, turning to the right, concave to the South, from which the radius point bears South 07 East 3.00 feet distant; Thence Easterly upon said non - tangent curve, through a delta angle of 38 and an arc length of 2.01 feet; Thence South 58 0 49'15" East 4.75 feet; Page 1 of 2 Marana couE fPWV1° 2 °MI -TOME PLATE EASEMENT EXCHANGE AGREEMEIpge 59 of 278 Thence North 34'10'09" East 183.97 feet; Thence North 55 West 3.56 feet to a curve, turning to the right, concave to the East, with a radius of 5.00 feet; Thence Northwesterly upon said curve, through a delta angle of 67 0 06'05" and an arc length of 5.86 feet; Thence North 55 0 49'51 " West 35.09 feet; Thence South 48 West 27.29 feet to a non - tangent curve, turning to the right, concave to the West, from which the radius point bears South 15 West 18.00 feet distant; Thence Southerly upon said non - tangent curve, through a delta angle of 108 °59'01" and an arc length of 34.24 feet; Thence South 34 0 10'09" West 95.48 feet to a curve, turning to the right, concave to the North, with a radius of 31.50 feet; Thence Westerly upon said curve, through a delta angle of 87 0 1703" and an arc length of 47.99 feet; Thence North 58 X6'39" West 306.98 feet to a curve, turning to the right, concave to the Northeast, with a radius of 10.00 feet; Thence Northwesterly upon said curve, through a delta angle of 68°36'45" and an arc length of 11.98 feet; Thence North 10'00'06" East 30.54 feet; Thence North 66 0 45'11 " West 26.71 feet to the Point of Beginning. The area of said abandonment contains 13,934.6 square feet or 0.32 acres, more or less. 35543 TODD A. HOUT ` Vned EXPIRES 12 -31 -15 Page 2of2 Marana couE fPWV1° 2 °MI -TOME PLATE EASEMENT EXCHANGE AGREEMEIpge 60 of 278 R= 10100.00' N 0 =00 °45'52" �3 L= 134.75 100.00' 0) N 15 °11'10" E Ll S/� � S �e48� S�OF e � R /N ,� ,. , ., , , , � � oKr 9 �FLL R e 8j9 9.4 96 P 56 46 341 ......... EX /STING ` � 7 1' SVRV 100.00' a ..POINT OF ........... . Z (0 ' BEGINNING � � MKT �3��5 EA SEtij N X4 ' 4 8 >5 .� � m �.. 2» ALUM. CAP ........................ RLS 12122 ........... c3 � PARCEL A � .... . ............................ ............................. � �� �8 SOUTHWEST \ :::::::::: DKT. 12571 ....� , PG. 5959 �......... �.........�. L7 CORNER `� 13K 46 PG 71, SURVEYS � ..... PARCEL � �::::::::�'..�58. A.P.N. 221- 21 -004F � �cr � 'x,.63 rn ............. S X58. :�.. �, PORTION EXISTING ACCESS \ q S 8• � ,, \� j � ;..�' \306 EASEMENT TO BE � ^. 00, �0 7�.. `�.�'F :::.....�9 ABANDONED � �......... �L .Al AREA = 13,934.6 S.F. lb ` �,. 0.32 ACRES � h - ��r AI C� ...::::::::::::/ � � '�' � 35543 � O 4( \ ''''''''''''''''''''''''''''' '� � TODD A. � F � � ROUT GRAPHIC SCALE: 7 Inch = 60 Feet L6..,� �, �� ,< .... .. 9ned 15 o so so 120 L . Q gR2 �NA, V•`'P' POLARIS JOB NO. 14146 C4 P EXPIRES 12 -31 -15 F2 OLARIS DATE: NOV. 5 AN EXHIBIT OF A PARTIAL ABANDOMENT OF AN EXISTING SURVEYING, LLC PUBLIC ACCESS EASEMENT OVER A PORTION OF THE 3528 N. FLOWING WELLS RD. PARCEL DESCRIBED IN DKT. 12571, PG. 5959, PIMA TUCSON ARIZONA 85705 COUNTY RECORDS, LOCATED IN THE N.E. 114 OF SECTION TEL.: (520) 322 -6400 FAX: (520) 322 -6401 PAGE 1 OF 2 28, T. 12 S., R. 12 E., G. & S. R. M,,, PIMA COUNTY, ARIZONA LINE BEARING BEARING RL1 DISTANCE L1 N 10 °00'06" E 64.54' L2 S 7 2" E 20.00' L3 S 10 0 00'06" W 48.28' L4 S 31 W 0.52' L5 S 58 °36'41 " E 11.33' L6 S 58 E 4.75' L7 N 55 °48'22" W 3.56' L8 N 55° 49' 51 " W 35.09' L9 S 48 0 06'59" W 27.29' L10 N 10 °00'06" E 30.54' L1 1 N 66 °45' 1 1" W 26.71 ' R LINE BEARING DISTANCE RL1 S 22 °32'08" W 2.00' RL2 S 31 °23' 13" W 5.00' RL3 S 07 E 3.00' RL4 S 15° 1 1 '08" W 18.00' CURVE RADIUS DELTA ANGLE ARC LENGTH C 1 4.50' 84° 45' 18" 6.66' C2 2.00' 98 °51 ' 1 1 " 3.45' C3 5.00' 78° 12'56" 6.83' C4 3.00' 38 0 28'13" 2.01' C5 5.00' 67 °06'05" 5.86' C6 18.00' 108 0 59'01 " 34.24' C7 31.50' 87 7 47.99' C8 10.00' 68 °36'45" 11.98' 41 F2 OLARIS AND SURVEYING, LLC 3528 N. FLOWING WELLS RD. TUCSON, ARIZONA 85705 TEL.: (520) 322 -6400 FAX: (520) 322 -6401 PAGE 2 OF 2 ICA Ljj 35543 cc TODD A. HOUT �. 'geed ONA, X)! POLARIS JOB NO. 14146 DATE: NOV. 5, 2014 EXHIBIT OF A PARTIAL ABANDOMENT OF AN EXISTING PUBLIC ACCESS EASEMENT OVER A PORTION OF THE PARCEL DESCRIBED IN DKT. 12571, PG. 5959., PIMA COUNTY RECORDS, LOCATED IN THE N.E. 1/4 OF SECTION 28 T. 12 S., R. 12 E., G. & S. R. M., PIMA COUNTY . , ARIZONA F2 OLARIS 3528 N FLOWING WELLS RD AN TUCSON, ARIZONA 85705 SURVEYING, L L C TEL: 520 - 322 -6400 FAX: 520 - 322 -6401 LEGAL DESCRIPTION —Job No. 14146 November 5, 2014 PARTIAL ABANDONMENT OF WATERLINE &PIPELINE EASEMENT: The abandonment of a portion of an existing Water Line & Pipeline Easement described in Docket 13130 at Page 3690, Pima County Records, over a portion of Parcel "A" per Book 46 at Page 71 of Surveys, Pima County Records, as described in Docket 12571 at Page 5959, Pima County Records, located in the Northeast quarter of Section 28, Township 12 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona, being more particularly described as follows: Commencing at the Southwest corner of said Parcel "A "; Thence South 58 " East 406.54 feet upon the Southwest line of said Parcel "A" to the Southernmost corner of said existing Water Line Easement; Thence North 30 East 68.09 feet upon the Southeast line of said existing easement to the Point of Beginning of said abandonment; Thence continue North 30 East 104.88 feet upon said Southeast line; Thence North 59'05'37" West 32.54 feet; Thence South 30 0 54'23" West 25.00 feet; Thence South 59 0 05'37" East 7.54 feet; Thence South 30 0 54'23" West 78.45 feet; Thence South 55 East 25.04 feet to the Point of Beginning. The area of said abandonment contains 2,792.8 square feet or 0.06 acres, more or less. I , 35543 TODD A. ROUT 1 ` greed NA %3! EXPIRES 12 -31 -15 MaranacouiE"M ILTOMI-iOME PLATE EASEMENT EXCHANGE AGREEME N� 63 of 278 c) a N � N N (p 1 I � r) N � N • (/�� I o Z co 0 ( • o a o o Q o � R= 10100.00' S B gs�s D =00 °45'52" S�LV C RB �. ,4 0 E GS L= 134.75' 100.00' c 5 � � N 15° 11'10" E 0� 94 �� /Q 8j9.3� BK 46 9-49 pG 53� 2 1' SUR 100.00' LINE BEARING DISTANCE L1 N 59 °05'37" W 32.54' L2 S 30 °54'23" W 25.00' L3 S 59° 05' 37" E 7.54' L4 S 55 °48'39" E 25.04' \ 376 65 2" ALUM. CAP -� PARCEL "A" "RLs 12122" DKT. 12571, PG. 5959 PORTION EXISTING WATER BK 46 PG 71, SURVEYS & PIPELINE EASEMENT A.P.N. 221 21 - 004F TO BE ABANDONED AREA= 2,792.8 S.F. EXISTING WATERLINE 10 6 PG 66NT DKT 13414 v . .:.:...... <7 A� SOUTHWEST S S� � � � � � � � EXISTING WATER & s� 1.�.�.�.�.�.�.�.��.�.. L3 CORNER �� �� � q 8 g�, �,', . . . . . � PIPELINE EASEMENT PARCEL A A 7�.. �. . . . . h '`� ��.�.�.��q��� � ...... � •N � � \ DKT 13130 PG 3690 �.� .�.�.�.�.�q�.� 33 Q , s �' ��GQ` 'AYIGATFSG'QG oj '8� o � , ��P . � � � � 35543 � � s 3��� ��� \�.�.�.�.�.�. .� �A�:/ p� O O�� T OUT qned GRAPHIC SCALE 1 Inch = 60 Feet .. ^ � EXPIRES 12 -31 -15 15 0 30 60 120 Q� POLARIS JOB NO. 14146 R OLARIS DATE: NOV. 5 AND EXHIBIT OF A PARTIAL ABANDOMENT OF AN EXISTING SURVEYING, LLC WATERLINE &PIPELINE EASEMENT OVER A PORTION OF THE 3528 N. FLOWING WELLS RD. PARCEL DESCRIBED IN DKT. 12571, PG. 5959., PIMA COUNTY TUCSON ARIZONA 85705 RECORDS LOCATED IN THE N.E. 114 OF SECTION 28 T. 12 S., R. TEL.: (520) 322 -6400 FAX: (520) 322 -6401 12 E., G. & S. R. M,., PIMA COUNTY, ARIZONA - r C? RANA -P 11555 W. CIVIC CENTER DRIVE. NIARANA. ARIZ ONA 8 5 6 5 3 To: Mayor and Council From: Frank Cassidy, Town Attorney Date: January 20, 2015 Strategic Plan Focus Area: Not Applicable Item C 7 Subject: Resolution No. 2015 -012: Relating to Public Works; approving and authorizing the Mayor to execute an intergovernmental agreement with the City of Tucson for participation in the Regional Transportation Data Network Communication System (Scott Leska) Discussion: If approved, this resolution will authorize the Town of Marana to participate in the Regional Transportation Data Network (RTDN), giving the Town access to the regional signal coordination and management system as part of a regional effort to operate traffic signals as efficiently as possible and to facilitate prompt and appropriate emergency response by enabling first responders to view intersection and freeway crash sites before leaving the station. The City of Tucson is the lead agency for the RTDN, which is funded through PAG. Staff Recommendation: Staff recommends adoption of Resolution 2015 -012, approving and authorizing the Mayor to execute the Intergovernmental Agreement between the City of Tucson and the Town of Marana for Participation in the Regional Transportation Data Network Communication System. Suggested Motion: I move to adopt Resolution 2015 -012, approving and authorizing the Mayor to execute the Intergovernmental Agreement between the City of Tucson and the Town of Marana for Participation in the Regional Transportation Data Network Communication System. Attachments: Resolution 2015 -012 195 Exhibit RTDN I GA Marana Council Meeting 01/20/2015 Page 65 of 278 Marana Council Meeting 01/20/2015 Page 66 of 278 MARANA RESOLUTION NO. 2015-012 RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF TUCSON FOR PARTICIPATION IN THE REGIONAL TRANSPORTATION DATA NETWORK COMMUNICATION SYSTEM WHEREAS the City of Tucson applied for and received a $3M Federal Highway Administration (FHWA) earmark in 2005 to begin planning and developing a regional, integrated communications network and to expand then - existing communications capabilities; and WHEREAS the Tucson Regional Transportation Data Network (the "RTDN "), described in the TUCSON RTDN IMPLEMENTATION PLAN approved by the Pima Association of Governments (PAG) Transportation Systems Subcommittee on September 19, 2008, is the product of the FHWA earmark; and WHEREAS additional funds by PAG have been programed and dedicated to the expansion and operation of the RTDN; and WHEREAS the City of Tucson is the lead agency for administration of the RTDN, and has primary responsibility for the operation and management of the RTDN; and WHEREAS this intergovernmental agreement will authorize the Town of Marana to have access to the regional signal coordination and management system as part of a regional effort to operate traffic signals as efficiently as possible and to facilitate prompt and appropriate emergency response by enabling first responders to view intersection and freeway crash sites before leaving the station; and WHEREAS the Mayor and Council of the Town of Marana find that the best interests of Marana and its citizens are served by entering into this intergovernmental agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the Intergovernmental Agreement between the City of Tucson and the Town of Marana for Participation in the Regional Transportation Data Network Communication System attached to this resolution as Exhibit A is hereby approved, and the Mayor is authorized to execute it for and on behalf of the Town of Marana. IT IS FURTHER RESOLVED that the Town Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, conditions and objectives of the intergovernmental agreement. {00040709.DOCX /} Resolution No. 2015 -012 - 1 - 1/9/2015 2:19 PM FJC Marana Council Meeting 01/20/2015 Page 67 of 278 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 20 day of January, 2015. ATTEST: Jocelyn C. Bronson, Town Clerk Mayor Ed Honea APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00040709.DOCX /} Resolution No. 2015 -012 -2- 1/9/2015 2:19 PM FJC Marana Council Meeting 01/20/2015 Page 68 of 278 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TUCSON AND THE TOWN OF MARANA FOR PARTICIPATION IN THE REGIONAL TRANSPORTATION DATA NETWORK COMMUNICATION SYSTEM THIS INTERGOVERNMENTAL AGREEMENT (this "IGA ") is made and entered into by and between the CITY OF TUCSON, an Arizona municipal corporation ( "Tucson ") and the TOWN OF MARANA, an Arizona municipal corporation ( "Marana "). Tucson and Marana are sometimes collectively referred to as the "Parties," either of which is sometimes individually referred to as a "Party." RECITALS A. In 2005, Tucson applied for and received a $3M Federal Highway Administration (FHWA) earmark to begin planning and developing a regional, integrated communications network and to expand then - existing communications capabilities. B. The Tucson Regional Transportation Data Network (the "RTDN "), described in the TUCSON RTDN IMPLEMENTATION PLAN approved by the Pima Association of Governments Transportation Systems Subcommittee on September 19, 2008, is the product of the FHWA earmark. C. Additional funds by Pima Association of Governments (PAG) have been programed and dedicated to the expansion and operation of the RTDN. D. Tucson is the lead agency for administration of the RTDN, and has primary responsibility for the operation and management of the RTDN. E. One of the purposes of the RTDN is to give RTDN - participating agencies access to the regional signal coordination and management system as part of a regional effort to operate traffic signals as efficiently as possible and to facilitate prompt and appropriate emergency response by enabling first responders to view intersection and freeway crash sites before leaving the station. F. Marana and Tucson mutually desire for Marana to participate in the RTDN as set forth in this IGA. G. The Parties are authorized to enter into this IGA under the authority granted by A.R.S. § 11 -952. AGREEMENT Now, THEREFORE, in consideration of the foregoing premises and the mutual covenants set forth in this IGA, the Parties hereby agree as follows: {00040126.DOCX / 31 1/9/2015 1:50 PM INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TUCSON AND THE TOWN OF MARANA FOR PARTICIPATION IN THE REGIONAL TRANSPORTATION DATA NETWORK COMMUNICATION SYSTEM -1- Marana Council Meeting 01/20/2015 Page 69 of 278 1. Mutual access to the RTDN. Marana consents and allows for the connection of Marana's traffic signal controls and traffic cameras to the RTDN, giving Marana and all other RTDN - participating agencies all of the following: a. Access to all RTDN - participating agencies' traffic cameras. b. The ability to transmit and receive data and video from the RTDN. c. Access to the regional Traffic Signal Central Control System for region -wide signal synchronization and management. d. Access to the system's display of the status of each traffic signal, its current timing, emergency preemption status, and traffic signal failure alerts. 2. Specific coordination activities. Marana will provide all of the following at no charge to Tucson or to other RTDN- participating agencies: a. Permission to install RTDN communication and control equipment on Marana property. Tucson will provide Marana detailed specifications on the equipment's operating characteristics and mounting attachment for Marana's approval prior to installation. The RTDN equipment installed at Marana's properties will be maintained with funds from Grants, PAG or Marana. b. Permission to connect the RTDN equipment to Marana's power source, both commercial and emergency back -up generator and /or battery. c. Access to the RTDN equipment for emergency repairs in a timely manner (24/7) and reasonable access for routine repairs in compliance with Marana's requirements. d. Access to the RTDN to transmit and receive data. 3. Fees. No fees will be charged to Marana or other RTDN - participating agencies. 4. Liabilities. All liabilities will lie with the facility /real estate property owner and with the contractor performing the work. 5. Effective date; term,. termination. This IGA shall become effective upon filing a fully executed original with the office of the Recorder of Pima County, Arizona, and shall be of perpetual duration, subject to termination by either Party upon 90 days written notice of termination to the other Party. 6. Miscellaneous. a. This IGA may not be modified except in a writing signed by the Parties. b. This IGA 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 IGA or to obtain any remedy with respect to this IGA 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. c. If either of the Parties fails to perform any of its obligations under this IGA or if a dispute arises concerning the meaning or interpretation of any provision of this IGA, the defaulting Party or the Party not prevailing in the dispute, as the case may be, shall pay any {00040126.DOCX / 31 1/9/2015 1:50 PM INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TUCSON AND THE TOWN OF MARANA FOR PARTICIPATION IN THE REGIONAL TRANSPORTATION DATA NETWORK COMMUNICATION SYSTEM -2- Marana Council Meeting 01/20/2015 Page 70 of 278 and all costs and expenses incurred by the other Party in enforcing or establishing its rights under this IGA, including, without limitation, court costs and reasonable attorneys' fees. d. This IGA is subject to A.R.S. § 38 -511, which provides for cancellation of contracts in certain instances involving conflicts of interest. e. Upon execution by the Parties, this IGA shall be filed with the office of the Recorder of Pima County, Arizona. IN WITNESS WHEREOF, the Parties have executed this IGA as of the last date set forth below their respective representatives' signatures. CITY OF TUCSON Mayor Jonathan Rothschild Date: ATTEST: TOWN OF MARANA Mayor Ed Honea Date: ATTEST: Roger Randolph, City Clerk Jocelyn C. Bronson, Town Clerk ATTORNEY CERTIFICATION The foregoing intergovernmental agreement between the City of Tucson and the Town of Marana has been reviewed on the date set forth below pursuant to A.R.S. § 11 -952 by the undersigned attorneys, each of whom has determined that it is in proper form and within the powers and authority granted under the laws of the State of Arizona to the Party represented by the respective undersigned attorney. Mike Rankin, City Attorney City of Tucson Frank Cassidy, Town Attorney Town of Marana Date: Date: {00040126.DOCX / 31 1/9/2015 1:50 PM INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TUCSON AND THE TOWN OF MARANA FOR PARTICIPATION IN THE REGIONAL TRANSPORTATION DATA NETWORK COMMUNICATION SYSTEM -3- Marana Council Meeting 01/20/2015 Page 71 of 278 - r C? RANA -P 115 5 5 W. CIVIC CENTER DRI - T. KARANA. ARIZ ONA 8 5 65 3 Item C g To: Mayor and Council From: Suzanne Sutherland, Assistant to the Town Clerk Date: January 20, 2015 Subject: Approval of January 6, 2015 Regular Council Meeting Minutes (Jocelyn C. Bronson) Attachments: January 6, 2015 Council Meeting Minutes Marana Council Meeting 01/20/2015 Page 72 of 278 � n o/S 1 7 � MARANA � REGULAR COUNCIL MEETING MINUTES 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 REGULAR COUNCIL MEETING CALL TO ORDER AND ROLL CALL. Mayor Honea called the meeting to order at 7:04 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 Bowen, second by Vice Mayor Post. 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 January 6, 2015 Meeting Minutes 1 Marana Council Meeting 01/20/2015 Page 73 of 278 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. Sara Bauer, on behalf of Avra Valley Fire District, spoke regarding the opening of their fourth fire station at Red Rock and invited everyone to attend. PROCLAMATIONS MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS Council Member McGorray thanked everyone for their generous outpouring of love and support regarding the passing of her son. It was sincerely appreciated. MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS Mr. Davidson noted that the Council Executive Report will be available online. PRESENTATIONS CONSENT AGENDA. Motion to approve by Vice Mayor Post, second by Council Member Bowen. 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. Cl Resolution No. 2015 -001: Relating to Development; Accepting portions of Saguaro Peaks Boulevard and Hidden Saguaro Trail for maintenance (Keith Brann) C2 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 F airall) January 6, 2015 Meeting Minutes 2 Marana Council Meeting 01/20/2015 Page 74 of 278 C3 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) C4 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) CS 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 Al PUBLIC HEARING: Ordinance No. 2015.001: 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. Mayor Honea opened the public hearing. Brian Varney presented the staff report. Linda Morales from the Planning Center, representing the applicant, presented the proposal with additional information on the site plan and the conditions negotiated earlier in the day with the Coalition for Sonoran Desert Protection regarding habitat and wildlife corridors. Ms. Morales then introduced Jim Tress, president of Westland Resources, who was involved in the original HCP on the site. Mr. Tress spoke on behalf of the applicant. He gave a brief presentation to address concerns from previous hearings on the effects of the proposed development on wildlife corridors and visual resource impacts to the national park. He noted that the agreement reached with the Coalition today is very compatible with the existing corridor established within the Marana General Plan and open space areas that have been set aside. He then reviewed with Council some slides to provide that context with regard to the adjacent urban landscaped areas to the east and the less developed areas to the west. He addressed the effect of slope. The literature was reviewed with regard to mule deer and he found a number of studies completed at the U of A and at Picacho Peak and other areas that show that mule deer can very regularly use slopes up to 76 percent. The most mule deer found at this site was in the 25 -50 percent slope. January 6, 2015 Meeting Minutes 3 Marana Council Meeting 01/20/2015 Page 75 of 278 He noted that the project has a bit of history. Westland Resources prepared the first habitat conservation plan when the pygmy owl was listed as an endangered species for this property. The first element of the plan was to provide for the continued operation of the guest ranch and the guest ranch facility. But as a contingency with the Fish and Wildlife Service a large lot option to allow for residential development compatible with the pygmy owl if the guest ranch no longer proved viable. One of the things in this plan is that the clearing envelopes approved by the Fish and Wildlife Service went right up to the boundaries like the HCP. In response to public concerns about that, the plan was revised to show what is in the specific plan. He then indicated the 300 -foot boundary and the 150 -foot setback worked out with the Coalition today. It has substantially pulled property away from the wildlife corridor that was established in the General Plan to the benefit of the corridor. He concluded that on this issue the project is very compatible as it has been developed with the Coalition and the developer. Another concern expressed was visual impact to the national park. Mr. Tress then showed representations of every spot within the field of view that can be seen from trails within the project, regardless of whether it's seen one time or 100 times. These are highlighted in yellow. He then proceeded with an analysis of the sensitivity or how much of the site will be seen by putting approximately 700 points along the trails which are set six feet above the ground surface within the proposed development plan. Because of the 20 -foot height limit, he put a 30 -foot elevation within the center of each of the lots, evaluated all the pixels within the field of view as to how many points on the trail system can view that particular pixel. From that you can see that the sensitivity from the trails is much less than from the adjacent urban development. This is all driven by terrain coming into or leaving the park. This is not unexpected or surprising to the hiker on the front side of a range to see more existing development that you would walking toward the park. Most of the trail system here has no view of the development. There were no questions from Council. Mayor Honea then called upon those individuals who had presented speaker cards. Donald Heller indicated his continued opposition to the zoning change. Darla Sidles, Superintendent of Saguaro National Park, noted that the Park is less than one -half mile from the proposed development. She made several references to the town's General Plan goals and actions to conserve habitat and specifically the Park and a partnership between the town and the Park to establish lower density levels within one mile of the Park. She stated that the Park has stated their opposition to this development numerous times with little consideration given to their concerns. She also referred to a request made to Council prior to the holidays to be more involved in the project and for reconsideration of the current proposal for more time to work with all of the stakeholders to develop a viable proposal. No response was given by any Council Member. Robert Newtson, Executive Director of the nonprofit Friends of Saguaro National Park. He spoke on behalf of the 2300 members and donors to defer action on the proposal and requested that the developers sit down with the National Park Service to address January 6, 2015 Meeting Minutes 4 Marana Council Meeting 01/20/2015 Page 76 of 278 some of the Park's concerns. His members joined with the Park representatives in expressing their concerns when the project was before the Planning Commission in August. Robert Ferreira, a Tucson area resident since 1958 and from 1978 to 2004, he was a close neighbor to Lazy K Bar Ranch. He spoke on behalf of 11 property owners and others in close proximity to Lazy K. The strong majority of the neighborhood in which Lazy K is positioned is made up of scenic and protected natural open space and custom homes on 3.3 acre lots or larger. These property owners are not against the development of Lazy K, but it is the amount of homes as designated by the specific plan that these neighbors are opposed to. They believe a lower density would be more in harmony and compliance with the existing neighborhood. Pat Lopez stated that he appreciated the efforts of the Coalition and the efforts of Mattamy Homes and the Planning Center to address concerns of those in opposition to the project. Those people that he represents reluctantly support the compromise that has been worked out by the Coalition, but who remain seriously concerns about what this portends for the future. On his own behalf he asked Council to keep in mind that they are the caretakers for the future of the community, not just Marana. Hardy Smith, a property owner east of the development, believes this will be a quality development when it's done. The problem for him is the density in relationship to the rest of the neighborhood. Most properties are 3.3 acres and open space. He echoed the remarks of Mr. Lopez and Ms. Sidles. Ken Scoville noted that he has been involved is historic preservation issues in the Tucson area for 30 years. He focused first on the buildings on the property. He strongly advocated for the stone building, the original building on the site, to be preserved. If there is any way to save the three casitas, that would be his preference, but at least save one. He believes that both the stone building and the casitas will be a good sales amenity as well as an historical amenity. He is also concerned about building and growth while respecting the environment. This has been an issue is the area for 60 years. His last comment concerned representative government. Barbara Rose asked Council to consider the additional concerns expressed about the proposal. She thanked the town and Mattamy Homes for working with the residents, but she believes more can be done. She referenced her prior work with the town and Lazy K Bar regarding watershed. She also asked Council to consider the long -term consequences of the proposed project and to act on the wise planning of previous years. She also disputed the project as a "minor amendment" to the specific plan but rather saw it as a major change. She also provided some sections of the HCP for review that directly pertain to the wildlife linkage that Lazy K Bar is located in. She concluded by saying that while it might seem they are on the opposite sides with the town, she believes everyone wants the same thing for the community — clean air, clean water, clean soil, good work, and good education for all. Carolyn Campbell, representing the Coalition for Sonoran Desert Protection, spoke in reference to her many previous conversations with the Council and town staff. The mission of the Coalition is to work piece by piece to protect open space and the environment. She thanked Mattamy Homes for the many meetings they attended with her and for agreeing to the 10 additional conditions that are before Council. She also thanked Linda Morales from the Planning Center for her hard work to incorporate the conditions which have to do with the connectivity from the protected parks and January 6, 2015 Meeting Minutes 5 Marana Council Meeting 01/20/2015 Page 77 of 278 to save and salvage some of the old growth Ironwood forest and saguaros on the north side. This is significantly better than what they've been looking at. If the revised site plan and those 10 conditions are adopted by Council, she is able to support the project. She concluded by saying that she hopes this parcel and its development can be looked at as a transition from the more urban areas of Marana to Saguaro National Park and the White Stallion and other open spaces toward less development. She further asked that the home builders and the owners talk with Saguaro National Park and their concerns. Mayor Honea closed the public hearing. Council Member Ziegler commented that she and the Council appreciated Carolyn's input over the years. Marana has taken a lot of her research and comments to heart. She also acknowledged the role of the Planning Center in getting the project to this point. Relative to bringing in the National Park for input on the project she hopes the Park Service will be involved in future projects should there be any that impact the Park. She apologized on behalf of the town for any perceived slight; it was not intentional. She thanked everyone for coming together in a mutual discussion. It isn't easy for the Council either. There were no further comments from the Council. Upon motion by Council Member Ziegler to adopt Ordinance No. 201 5.001 as presented by staff subject to the ten conditions mentioned in Linda Morales' presentation. Second by Vice Mayor Post. Mayor Honea noted that this item requires a supermaj ority vote. Town Clerk Bronson polled the Council. Council Members Bowen, Ziegler, Kai and Vice Mayor Post and Mayor Honea voted in favor. Council Members Comerford and McGorray voted against. Motion failed 5 -20 A2 Resolution No. 2015 -005 Relating to Strategic Planning; approving and authorizing the implementation of Marana Strategic Plan III. Gilbert Davidson said that he had made line by line modifications based on the input when he last presented the plan to Council. Before Council is a markup of what the final copy will look like. With Council's consideration and approval tonight, staff will begin to publish the document. It will be on the town's website. Hard copies will be available for distribution. Council Member Ziegler asked if the document included the comments from Council. Mr. Davidson said that it did, especially the comment about including the veteran component. Some of the other comments were general in terms of follow -up with certain things. Mayor Honea said that the staff did a phenomenal job putting this strategic plan together. It's something to be proud of; it's how we live our life. Vice Mayor Post moved to approve Resolution No. 2015 -005, second by Council Member Ziegler. Passed unanimously. ITEMS FOR DISCUSSION /POSSIBLE ACTION 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 stated that there is nothing yet, but staff will give periodic updates as bills begin moving through the system. Marana will be January 6, 2015 Meeting Minutes 6 Marana Council Meeting 01/20/2015 Page 78 of 278 working with the League of Arizona Cities and Towns, who will be monitoring any impacts to municipal government. We will be paying attention to the state budget and declarations made by incoming members of the legislature and the governor as to how they will be making up budget deficits through various revenue streams that could affect municipal operations. 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). Council Member Ziegler if the landscaping project at Sandario and Marana Roads was complete and would a debriefing on that be appropriate. Mr. Davidson responded that not everything is complete due to some of the work that had to be done at McDonald's. There are some minor modifications that still need to be made. Curbing was added to restrict vehicles from being driven onto the landscaping. Overall, it's made a bold statement coming off that exit ramp with the new monument, fencing, and landscaping. We've gotten a lot of positive comments, and we'll continue to maintain that. If there are ways to expand and improve the overall entrance into the north part of Marana, we'll do that. There was a Council authorization to spend $200K. As part of upcoming budget discussions, we can talk about adding more landscaping to this area and others as well as maintenance costs for next year. ADJOURNMENT. Motion to adjourn at 8:09 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 January 6, 2015. I further certify that a quorum was present. January 6, 2015 Meeting Minutes 7 Marana Council Meeting 01/20/2015 Page 79 of 278 Jocelyn C. Bronson, Town Clerk January 6, 2015 Meeting Minutes 8 Marana Council Meeting 01/20/2015 Page 80 of 278 - r C? RANA -P 115 5 5 W. CIXq C CENTER DRIVE. NIARANA. ARIZ ONA 8 5 6 5 3 Item L 1 To: Mayor and Council Submitted For: Jocelyn C. Bronson, Town Clerk From: Suzanne Sutherland, Assistant to the Town Clerk Date: January 20, 2015 Subject: Relating to Liquor Licenses; recommendation to the Arizona Department of Liquor Licenses and Control regarding an application for a Person Transfer and a Location Transfer of a Series 7 Beer and Wine Bar liquor license submitted by Jared Michael Repinski on behalf of Holiday Inn Express located at 8373 N. Cracker Barrel Road, Tucson, Arizona 85743 (Jocelyn C. Bronson) Discussion: This application is for a Person Transfer and a Location Transfer of a Series 7 Beer and Wine Bar liquor license to the Holiday Inn Express located at 8373 N. Cracker Barrel Road, Tucson, Arizona 85743. Pursuant to state law, the application was posted at the premises where the business is to be conducted. The posted notice provided that residents within a one mile radius from the premises may file written arguments in favor of or opposed to the issuance of the license with the Town Clerk's Office within 20 days of the posting. Any written arguments received by the Clerk's Office for or against the proposed liquor license are attached to this item and will be submitted to the Department of Liquor Licenses and Control (DLLC). Town staff has reviewed this application to determine whether the applicant is in compliance with zoning, building and other legal requirements for the business. Additionally, the Marana Police Department has conducted a local background check. The Town Council must enter an order recommending approval or disapproval of the application within 60 days after filing of the application. Pursuant to state statute, a license will only be issued after a satisfactory showing of the capability, qualifications and reliability of the applicant and "in all proceedings before the town council, the applicant bears the burden of showing that the public convenience requires and that the best interests of the community will be substantially served by the issuance of a license." Marana Council Meeting 01/20/2015 Page 81 of 278 If the Council's recommendation is for disapproval, the order must include an attachment stating the specific reasons for the recommendation of disapproval and including a summary of the testimony or other evidence supporting the recommendation. If the Council enters an order recommending approval of the application, or makes no recommendation, then no hearing before the Arizona state liquor board will take place, unless the director of the DLLC, the liquor board or a resident within a one mile radius from the premises requests a hearing. If the Council enters an order recommending disapproval of the application, or if the director, board or a resident within a one mile radius from the premises requests a hearing, then the state board will hold a hearing regarding the application. At the hearing, the state board will consider all evidence and testimony in favor of or opposed to the granting of the license. The decision of the board to either grant or deny an application will normally take place within 105 days after the application has been filed, unless the director of the DLLC deems it necessary to extend the time period. Staff Recommendation: Staff recommends that an order recommending approval be submitted to the DLLC for this liquor license application. Suggested Motion: OPTION 1: I move to adopt and submit to the DLLC an order recommending approval of the application for a Person Transfer and a Location Transfer of a Series 7 Beer and Wine Bar liquor license submitted by Jared Michael Repinski on behalf of Holiday Inn Express, located at 8373 N. Cracker Barrel Road, Tucson, Arizona 85743. OPTION 2: I move to adopt and submit to the DLLC an order recommending disapproval of the application for a Person Transfer and a Location Transfer of a Series 7 Beer and Wine Bar liquor license submitted by Jared Michael Repinski on behalf of Holiday Inn Express located at 8373 N. Cracker Barrel Road, Tucson, Arizona 85743. Attachments: Redacted LL Application DLLC Descriptions of Common Types of Liquor Licenses Local Governing Body Recommendation Affidavit of Posting Marana Council Meeting 01/20/2015 Page 82 of 278 Arizona De partment of Li Licenses and Control' 800 West Washin 5th Floor Phoenix, Arizona 85007 RECEIVE641 www.azl*i 602-542-5141 COPY DEC 19 2014 APPLICATION FOR LI UOR LICENSE Town of Maras TYPE OR PRINT WITH BLACK INK Clerk's Office Notice: Effective Nov. 1, 1997, All Owners, Agents, Partners, Stockholders, Officers, or Managers actively involved in the day to day operations of the business must attend a Department approved li law trainin course or provide proof of attendance within the last five y ears. See pa 5 of the Li Licensin re SECTION I This application is for a: SECTION 2 T of ownership: ❑ MORE THAN ONE LICENSE El INTERIM PERMIT Complete Section 5 ❑ J.T.W.R.O.S. C Section 6 El N EW LICENSE Complete Sections 2, 3, 4, 13, 14, 15, 16 ❑ INDIVIDUAL Complete Section 6 Z PERSON TRANSFER (Bars & Li Stores ONLY) ❑ PARTNERSHIP Complete Section 6 Complete Sections 2, 3, 4, 11, 13, 15, 16 El CORPORATION Complete Section 7 ® LOCATION TRANSFER (Bars and Li Stores ONLY) ❑ LIMITED LIABILITY CO. Complete Section 7 Complete Sections 2, 3, 4, 12, 13, 15, 16 - ❑ CLUB Complete Section 8 ❑ PROBATE/MLL ASSIGNMENT/DIVORCE DECREE 0GOVERNMENT Complete Section 10 Complete Sections 2, 3,4, 9, 13, 16 (fee not re ❑ TRUST Complete Section 6 El GOVERNMENT Complete Sections 2,3,4,10,13,15,16 ❑ OTHER (Explain) SECTION 3 T of license and fees LICENSE #(s): 07100246 1. T of License(s): 07 Beer & Wine Bar Department Use Onl 2. Total fees attached: $ APPLICATION FEE AND INTERIM PERMIT FEES ( IF APPLICABLE) ARE NOT REFUNDABLE. The fees allowed under A.R.S. 44-6852 will be cha for all dishonored checks. monamm" 0� � � � MWEEMMI NOWEEMM � � � � MEENNOM" � � � 40000MM � SECTION 4 Applicant 1 . El Mr- Repinski vu Owner /A Name: 1711 Ms , (insert one name ONLY to appear on license) 2. Corp./Partnership/L.L.C.- MRHP Ma rang Inc. (Exactl as it appears on Articles of Inc. or Articles of Or Jared f 16. Michael Last First Middle 81 5- :,-: S W to 3. Business Name: Holida Inn Express usal uc-1 (Exactl as it appears on the exterior of premises 4. Principal Street Location 8373 N. Cracker Barrel Rd. ( Do not use PO Box Number) cit 5. Business Phone: 520 12-4777 Da Phone: 480 664-0389 Count Zip Email: i repinski22@ y ahoo.com 6. Is the business located within the incorporated limits of the above cit or town? ❑YES NNO 7. Mailin Address: P.O. Box 6252 Chandler AZ 85246 Cit State Zip 8. Price paid for license onl bar, beer and wine, or li store: T $ T — $. DEPARTMENT USE ONLY lei . Fees: c>�U +� Application Interim Permit Site Inspection Fin Prints $ ����� •1i�1 TOTAL OF ALL FEES Is Arizona Statement of Citizenship & Alien Status For State Benefits complete? YES ❑ NO e_,., � 1 ..1 Accepted b Date:— Lic.# C 71a),L-e"Lt(l) *Disabled individuals re special accommodation, please call (602) 542-9027. Marana Council Meetin 01/20/2015 Pa 83 of 278 Tucson Pima 85743 '.' '1 N 6 Interim Permit: 1. if you intend to operate business when you appiicafian izs _pending you will need' :are I "" it -P; .)unit pu�suant_to A.R.S. 4-203.01. 2. There MUST be a valid license of the same type you are applying for currently issued to the location. 3. Enter the license number currently at the location. 4. Is the license currently in use? ❑ YES ❑ NO If no, how long has it been out of use? ATTACH THE LICENSE CURRENTLY ISSUED AT THE LOCATION TO THIS APPLICATION. I , , declare that I am the CURRENT OWNER., AGENT, CLUB MEMBER, PARTNER, (Print full name) MEMBER, STOCKHOLDER, OR LICENSEE (circle the title which applies) of the stated license and location. State of County of ( Signature) The foregoing instrument was acknowledged before me this My commission expires on: Day day of Month , Year (Signature of NOTARY PUBLIC) .ten � "Mmm M MWAN � � � � � � � � � .. � � � �w � � SECTION 6 Individual or Partnership Owners: EACH PERSON LISTED MUST SUBMIT A COMPLETED QUEST10NNAIRE (FORM LICO101), AN "APPLICANT" TYPE FINGERPRINT CARD, AND $22 PROCESSING FEE FOR EACH CARD. 1. Individual: Last First Middle % owned Mailing Address City State Zip Partnership Name: (Only the first partner listed will appear on license) C imifearA 1 acf Piraf NAir, Ira 0J n%AOnneA McMinn ❑tArirrncz-c (ihi 5ZfnfP Tin ) Y R A S S E C E N F 1 T 2. Is any person, other than the above, going to share in the profits/losses of the business? ❑ YES ❑ NO If Yes, give name, current address and telephone number of the persons). Use additional sheets if necessary. Last First Middle Mailinq Address City, State, Zi Tele hone# 2 Marana Council Meeting 01/20/2015 Page 84 of 278 7 Corporation /Lir iced 1_iabiii Co.: IcA(,'H PERSON LISTED MUST SUBMIT A CC3MPLEf ED QUESTIONNAIRE (FORM LIC0101), AN "AP LICA1T" TYPE FINGERPRIN ANQ $22,.Pl QC - -S . N FEE FOR EACH CARD. )e CORPORATION Complete questions 7, Z 3, 5, 5, 7, and 8. El L. L. C. Complete 1, 2, 4, 5, 6, 7, and 8. 1. Name of Corporation /L.L.C.: _ M RHP Para I nc ( Exacfly as it appears on Articles of Incorporation or Articles of Organization) 2. Date Incorporated /Organized: 7 - 28 - 1999 State where Incorporated /Organized: Arizona 3. AZ Corporation Commission File No.: 0883068 -0 Date authorized to do business in AZ: 7-- 281999 4. AZ L.L.C. File No: Date authorized to do business in AZ: 5. Is Corp. /L. L. C. Non-profit? 0 YES Z NO 6. List all directors, officers and members in Corporation /L.L.C.: Last First Middle Title Mailing Address City State Patel Ramesh 'G14A_ - ( President 10891 N. Canada Hill Ct. Oro Valley AZ. 85737 Patel Narmada Q_- �N- -x q, `J Secretary 10891 N. Canada Hill Ct. Oro Valley AZ. 85737 (ATTACH ADDITIONAL SHEET IF NECESSARY) 7. List stockholders who are controlling persons or who own 10% or more: Last First Middle % Owned Mailing Address City State Zip Patel Ramesh 1,3 vk A `` .,� QA; !S to 0 10891 N. Canada Hill Ct. Ora Valley AZ. 85737 (A I I ACH AUDI I IONAL 6HCL I It NI;C:CZj:5AKY) 8. if the corporation /L.L.C. is owned by another entity, attach a percentage of ownership chart, and a director/officer/member disclosure for the parent entity. Attach additional sheets as needed in order to disclose personal identities of all owners. SECTION 8 Club Applicants: EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE (FORM LIC0101), AN "APPLICANT" TYPE FINGERPRINT CARD, AND $22 PROCESSING FEE FOR EACH CARD. 1. Name of Club: -- Date Cha (Exactly as it appears on Club Charter or Bylaws) 2. Is club non- profit? ❑ YES ❑ NO 3. List officer and directors: (Attach a copy of Club Charter or Bylaws) Marana Council Meeting 01/20/2015 Page 85 of 278 (ATTACH ADDITIONAL SHEET IF NECESSARY) 3 SECTION 9 Probate, VVill Assignment or Divorce Decree of an existing Bar or Liquor Store License: 1. Current Licensee's Name: (Exactly as it appears on license) . _._ .Last First Middle 2. Assignee's Name: Last First Middle 3. License Type: License Number: Date of Last Renewal: 4. ATTACH TO THIS APPLICATION A CERTIFIED COPY OF THE WILL, P TE DISTRIBUTION INSTRUMENT, OR DIVORCE DECREE THAT SPECIFICALLY DISTRIBUTES THE LIQUOR LIC TO THE ASSIGNEE TG THIS APPLICATION. SECTION 10 Government: (for cities, tow�aa;'o r counties only) 1. Governmental Entity: 2. Person /designee: Last First Middle Contact Phone Number A SEPARATE LICENSE MUST BE OBTAINED FOR EACH PREMISES FROM WHICH SPIRITUOUS LIQUOR IS SERVED. SECTION 11 Person to Person Transfer: Questions to be completed by CURRENT LICENSEE (Bars and Liquor Stores ONLY- Series 00,07, and 09). 1. Current Licensee's Name: ZHOU ZI--YU NIA Entity: OWNER (Exactly as it appears on license) Last First Middle (lndiv., Agent, etc.) 2. Corporation /L.L.C. Name: NIA (Exactly as it appears on license) 3. Current Business Name: BAMBOO VILLAGE (Exactly as it appears on license) 4. Physical Street Location of Business: Street 181 N. 2nd AVE. City, State, Zip AJO AZ 85321 5. License Type: #7 & WINE 6. If more than one license to be transfered: License Type: NIA 7. Current Mailing Address: (Other than business) Street 668 EAST MARY LANE City, State, Zip GILBERT, AZ 85295 8. Have all creditors, lien holders, interest holders, etc. been notified of this transfer? N YES ❑ NO 9. Does the applicant intend to operate the business while this application is pending? ❑ YES ❑ NO If yes, complete Section 5 of this application, attach fee, and current license to this application. 10. 1, ZI -YU ZHOU License Number: N/A , hereby authorize the department to process this application to transfer the (print full name) privilege of the license to the applicant, provided that all terms and conditions of sale are met. Based on the fulfillment of these conditions, I certify that the applicant now owns or will own the property rights of the license by the date of issue. 11 ZI -YU ZHOU , declare that I am the CURRENT OWNER, AGENT, MEMBER, PARTNER (print full name) STOCKHOLDER, or LICENSEE of the stated license. 1 have read the above Section 11 and confirm that all statements are true, correct, and complete. -- State of County of (Signature of CURRENT LICENSEE) The foregoing i nstrumen as ackno _ ledged beWre me this OFFICIAL S s r My commission expires on: Marana Council Meeting 01/20/2015 License Number: 07100246 AMY BO M NOTARY PUBLIC .. STATE OF A MA MARICOPA COUNTY ,�.,. My Comm. Expires ,duly 30, 2d18 Year 4 n re NOTARY. - -PUBLIC) Page 86 of 278 Bill of Sale IN CUNSIDERA.'HON OF THE SUM OF: * ** Eleven Thousand Seven Hundred Fifty Dollars And No Cents ** *lawful currency of the United States of America, and other valuable consideration, receipt of which is hereby acknowledged, the SELLER: Zi --Yu Zhou hereby grants, bargains, sells and transfers unto the BUYER: MRHP Marana, Ine., an Arizona Corporation and his, her or their heirs, personal representatives, or assigns, to have and to hold forever, the following described personal property, goods or chattels: That certain State of Arizona Liquor License 407100246 FUWrHERMORE, Seller warrants that he, she or they are the lawful owner of said goods and hereby certifies, under oath, that he, she or they have good right to sell the sane as aforesaid, and that the above described property is free and clear of all claims, liens and other encumbrances whatsoever, EXCEPT, as specified herein. Seller further agrees to warrant and defend same against the lawful claims and demands of all persons whomsoever. DATED, December 15, 2014 Zi--Yu Lhou State of ARIZONA. ss: County of Maricopa On December 15, 2014, before me, the undersigned, a Notary public in and for said County and State, personally appeared Zi -Yu :thou, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand al seal. AM y g lA _ N AAWft 0'� HN�� o RRICOP", COi A, V vwq ublzc gym. Expres jjr1y30t 016 Escrow No.: 00143914 BT"CAS H Marana Council Meeting 01/20/2015 Page 87 of 278 .. ..... rx b� 'sL _ ____ Yv ^� � •,, - e� T � ^ ' A ys a.v+3C' "- {. :.Tn �4 3 .Y e fi e f � - '.3: ¢`,. e :�5 1r' � • .. "� ..�- �`v��� ��, �.•; : ^+n om •. •. y •�rT L . Yc F � � ^ v $ "' ... }.` ,.. -. �/.'u s r��� • . - � ",r„Y? . e]• fi• -YS �-t .l � +. ?'....... .5' 'C�� r:•"• - ',! ?" rE' S Er:r•" -' 4 sS .•.. ¢ •� .l wr r k.. C .'!uj.•.^, =�` �i :'c'r- r. -:'.. �3 s �//' :i ,s mac'^ �- �.. • • �� ` n ` •z ..Y ' +� r'r: �f" � t `r ,•� .+Y"- :�•r;.: '�c rr .x.;� .a °.' ?.� :�,.. 3 F C 5, tN. , i/• ! .F' .9'fisr: r'rS }h = R A i . = �,•'�.'a"°. -a.. -- .`•�:a . ��' ^• � r)i: :Y ' �k. T R3 ° rr +�.`• ,rr. i ,.ti.. n r.. •i' • '•'.'Ci' , r a . •� •'F _ J r t � �3' .x +I.. ,¢ yr. .:� . •�r`. • �" :' .rs - ° cr' `S`. �'• :�l �� • � r•.><, • r•?s ••} 5' _ ?' D •✓. F s x P , l i •• . 'r� �• - x wrf " "V� ". [ y -f .G F. ifY Y2. - 9.. r :� � }' P r . �: r.. '$`•i!' Y. r `e p - f i s `u L `�+& ., F, n . - t•nn �' v-"� " .��^.,.�. �.:' -`\ $"` . �� `�4 �`" s� 9 � . Y.' `. a5'....n . {� ! zr � .2. `4 �.,n .i n � y 8 • ..K' h 'e �: ••L.. C'in i z.R34 ...h, .�-�•° •ls�.:_ SF'•.. .1' A s - r3i. .T .z5 •}-"' ^.y ?7 '4 r:;S, ' "aa ••y,.: r. e' ": rf'�i' °.r %r - - S r f ? �� 9 •�. �- a c G n.57. :, °I Y •��'' �i�� F�� � .;LlsY'• 3 r r]w •�Y'Y.t' LS' C rg ..^ - C pF «�. T F v h rvry t . -• "FN':.nr :$ r F ]'���.� •' \ �'2 ? • �� �.� � `= 3 � .]'? ^' 's� -'S • � .i � .. 7.. .J. �`/ � -.: e:"F.'.'�.%�Y- ���.'. , ]. a} ]i x� •:✓. .l. -e • ..✓`., e •vC `. I'll' o•�i`s C i ..� . K r- •` + .ar d ^.''[t .�.. °er' r •'`' ••r'^ez " r e . s' rs .� '�,. a J , � - :+�.•.•: • rY i•r �-= a ` •x.. _`� a . s "`�v" .r•.,'' , e r r..r -:i ,SF +y.. .3in` "•.. g� 7 X7,3•,., r a r 7.7. . 3Y:',y'51 "w �., yr ' :v . �n� +;.. .L . ` ", r, .?�. � �: `-: • - ce r=➢ P' r > i' `'` :Y L.C4'� + : . _ • L'.r f'r3. d..•F �'=. .6, s 5 Y : Y.v. PS' .�'1T.: .^.` %±L: �''n .S' z •i k '%�� -• • •'� 'S +G�s YY cr 1 S. S ri•i'•• a:sr' 9� i't � 'r' y�L L x,t r te;;•;•„ -: , x . � ''•'>s,.��;., . ..� � �' t . zs• •.z,'.- -; � '� :.fi . ���,:,= ' ..x • R•� .a,.^ rY' `xa: • �.. ¢�i'•.:re n"•'( �h:' . r •. F% ;' id7 a.•�`' - ti. ��.' :'s � '"+i •n � � 'x' - F� !.n.:�••'.!�y�� ' � � .Y 3a �: G� ••a f.. fl - S. • al ., .,.x, �-. , r 9.• L• n• - ..S �S• arrih .. n• .�. �::J eve' <; ^.,.•, .. - ':3 � • .:., � . : 'Ex va vJ :l•' '� . rir• ;,- : . y. ,.. °.:: z . _"c. •�s« r.` a:;w : '� "s � s ' 4 t^ , te:. . P r s. ., ;: :i`" � ''.�= " •��i •..T'` ..F s. a - .4�::. ' F'' ��r.•` ,:Y 1 ..'.3 ; # = .r^ ,"°'f'r.:^ «.. °•�,- Fs• 9 r'.� F"" .,} :£ .E ?F• .S n�- 7 7e - fir ,y ...jam'. .�'' `i'.. YY J Ir - :... i ••a f�i e^Z's? a.i F "' F 1. ¢ y t � .J. r,`A ?+. /�. L J`r.. p "Y'.v� y . 6b .`•t- ` :x .. -"� : f ' • f•. • -N'' n � "; �' •,1•: v ' "� • ����-- .'�a, a% ..n '` -: �7Z4 "�' . �'.:i.. " , a ri }� i. ^.0 : �`• ;.j;:r ...:C,y`r. ..I'•-- ^: =. a. F .L. .f.-.. kj...... ` . -h "v:� 'r:t ff _ _ wr . 3 'n. •'.4°j -.v.. •,�.'::�" r 47 '•v'`� -� � � ti•. .'� 3? f ..YrO - e a'Y - ,..<. -.j t.... �,•. �_°v - r•R =::::. •� k � :;�/. '3 c't;- ':F•..: v� :'� 'u , i• "`"•G9: ^�, R 4<'"::z.. = :r' •?.' . r - .•r' -r ..�' - SU" �• }� ' L- `�.' •Fa. y�`. . n•�. S? ...' S -w S V.o�.:. •'y,•' ,'A" .�S•`:? .� •k . �"�c ,u f $• �. � 2',:Y S .ice' � .• .. -G •`•` � . ors' �'^�= �' � i f.•'.� - A'�c'; .'r�� .3a,:• ^ IJ =.(. •, - rtca:s - o . &v- •'� .� . �-' 3 -. • 37:' -�'•�. .•r.? te°RS, c, GS :M1M .N ,�'€ .r�r' >rN l A•Lt'.. w./�i'n •', rt.:' n5 ` ...3,w :s � y� ,4 a(.• . =✓Si °'•. v'�s ^"i -S°r i. s`.. "r i 1 t 'rim '�- •.'`a.. �: -5 `'+• �"�:'•"`, r.' . .•c+"R� : af ^,�,.. ° r�,y .5' :'-¢. a y.=.?' ^ "•. • <` . eFc'.�; i y r !J; a , ", d'f#aq .u. �^krn , s • :r. x rs tic � .8� r ..J . :�• .�' ,�. �•:-, .: '?�i. . � .fit' ,. •,xW .li'. : "$e. .('.... . l: .ir�i' ,r, q. ''�' .,+P;. -,nZc - `.w»'\ .Jr" f.'2.:•. . !i.. 480- � r'L: .i.� YF'.. � f"�' r� �.:r � : )'r, �� '•+ i ?' t�� •.e7r � : � 'c.T S. � L 5 's}IJ:^ r;[.;•e.v R., ti' Y.gj`c o� 'dc 4 • 5�' + s! ' .o- � ,�: � ..� r:. F •wr � �a �f ., r 'r:y �'• W • - h .k+ V�': �Fi. •'''Zr .F'.' hi rr ".5= `"•�. 'n::+r' A s - .b. c �'. �. .,�',^ r;y::• nq ""A . •� :'o•c . S n � �'r:v.'•' rt' � � L - y rq. �••, 's 7 F• . -f+"'' `� 3- .d • /?ae�. � �� r rte' ::� •K. \fit �• °�F y, . <cf� $:' :5,..^ -• .K• e M+: ^+ z E L "P. ••'r r fir, 7• •. r.. S• ^�:?�. • .E , - r � •9is 'r .'fir [[��. o - n-~. �r ^ .�,. • ,. y s ^r•`: � . 4':. r 1 d p F. •'7'• :� - R• M t f t =: C:G L� �.•�i•v v? `K- . r ' n ^ ^n G'S' ,'. 1; � � L' �''Si '4. �. �v.• a r`F v' � 'C' ..{C'r• •iS• _ h C.i'a E 5'� •.4 ♦yh��� n :� 'r . f � " '�' ve1, -. ..§ . 4. n .1.. 3 ^..L n �" ." o� °'•,. -.?y , .1fib- "•.'. , - r' 1- L ° '�,. y� . C � � b .�i a S �• � E' Y .- ..ra• r . E' .' 7 w 7 �" F '7'�'- -a �a . : -'R1f; :n: a•. �.•. v,Y.,' °:Y �. _ �l. ��ggFfi .y� r� a '}. .•d'.Y - -i � la r `,h �. yy ¢¢ ,�55 ' •N.: • . ,�rte-�• '•3. .F � .`�,. 3 • .�'• iF E' I .�� '� • j {?`• g �..�!` r r� °?i �- °r<.:...• �s , .•pf - rr . C' � ' ^• '� - ' -t - �•'• .p' r q., s r C`'C. - i ✓ sl •3. � r s �r •f � .r _ r. , l e i` " .,. . - 5 eh s.y ,. .r?• "�' �G fr t,.r. ;��x - .�- .S°h i•.S ^T" `?- • r t A F ' 'Y t G - .,.,y: S J .]• :'{ Y W r r- vx. f �'7• .rb. • . J 7••,:. S � � - n •k•. rte'' . :, 1. •�"'.�. • � °.`" d° 1 ��, >x`•:: . \. .,r!i'� `.C. •'•b L� �. .•'iri" '�Y (•�$ _ • `�'��.Y T�.. �.. ? .J '%:$ Ke ' `•s, ' - •a-a': `i s..� ., ��k c;,."•: a '+. {'ir° . $• '..$ � •:'� r '.f" c -'� • ^° �'. ...h+aq �.'L, , kG' r- !� �' •,ti't . � • ..'x -. +s.]' " � ... °• •`' C •s3 a ^� '•:t n• s�. -.a- "ems' -'' a�• -s •n •c �S;°:.';`•� , a. a. `a. 'cc. ' e' .S ".�^ }:�. ..may 3 . "f°`. es�..' ^�. •s -tY ^^'•,� ��rsrs ' 1. 7.a : �II,"6: s "� •' -F "`s. 'afti' "21 "''•• • 'Y . st ti •. F ' I! �r %. ' .sue:"" .Y -,f � � . �?L �r' •: ` .. .�: -?�. r�".w "r'�:�` r "`�v .. .R.. .._. F="': , - { i :.Y F 7 •. �."h.:` -c,. °$:- :'7 •t ��Sn `A. .7• . "r n.'9:•� h' .`w " •c-:: � , : C •r ° `s .. t':�. : L .� . y .......: • ;sC = r . ^ � .; . ;tip,,;.. a' � � 4'.ti:.• , °i :: 7 � - f w � �re� y ea a _,..�:..�.�"_• - � n� • .r ,.� �Z- r .. �. ,.1 aw.} a • fie. ., C .. ' Z ..� "....,a%,.r....- :...W. - -. r . - r,.y_, _._ -. .. -. -- .. ..., -..,. +a... • ��.: �._.. r... ... - ... .. k.. �- , -.. .__- '�..... ... .. .k• _ - •,�. • P - :. �c� i�,:. .... .x_ ._ �,, .. , ca�a k'�. ^• fi. J5 � �:. k y s °�y :• ry }MRS ", p. UJ 0 r -'�'"• "" .'� ��' s 'p'a" f ♦r te. � : � ` �� • k fiJ• x • 7'� kk5iii r �• F. •°?-'• - �YyFt? rIH,'S� - 'M'? S11 ku � ;; mod` a •^�M��� • ``+� "� : �•.,�_ �:r max.:: � -.:- -. f 00 M r' W 5 Y F .,.i,•. �•n' „x �M ' i . F r - off S `• ` - r 1 4 F �.� •' k v z i �..� • y�y -• ply � � 1 .: f Ay ASR,:' 5 . Vi a^ r.y.'�}r.¢ � ` � A•,::'1` �'`� 4 � •• i ���;� � mfr ;�„••��', • ; T �. �L rf� - - - ���' ..- . ..y..... - ; .. -... __ ..- . _ . �_. _ : " i -.. __.' -. - :E :i^ ..- .M1...., .,.-- •- . -:"�: - -R..,. --- . -y ^---- ..�»r..- .•..r�...Y.- - .•,r ..�•,.. --.. 0. .Ir• r 7 Y S ' . c'"t' rR. •- :� - R Y % °' r . _ t� r�' r,�u� °2.. " „�,,N'•° =.�. -. '( .r" . S = .. :�.F . �>•. � '<�:+ i•`.i•'• tom.. y. 4r � rte`''• e t r .a +:. - '.7. .:? •. a . . rT i': 9 LA+r� r •t � 'C- � -` T"� r . S f 31, ';�� cy c^r '^r r h� :'r• 4 s .F µ `maw' , � � - ,r , d= m � ^Wr _ .st' `'* r' .r W ."'�?�.' • ' r �k . '.' -'F• •.s4. x '''r `c• _ 4... � u ° - n "� 5 ` 'i ^ �c..... '� .•� Sr , , r r9. �' >"^r R.•' _ y�a�. ..r^� �.,.. .R:. �` 33'' •.i .�.. - s+' • tea. .f �. '�: '. ~ k y � w'�. ° -�'r- '!•t: a'�.: .. ? ./g )r.. � :r f•^i.i Y nr ••b � .4's r '�d Y • Y F' :'S 'b' ,fir •Mx• r' Y. L c:b' S Y r�i � '"=n. Y'✓.. } '�• H 7 rf[� ., } .P _ � .a1.� a". �•F. �' y r/ rw:. � J. . if. • ,�: ?K' o 7T � � i'. i � : ( ' 4 rY a - p ' , K cry:' , .3• § _ ~.L . ' �`5 'r - •.5 ' 4 'iC �• -4 d'• ° i 7'h` . < �.' • •k � "C "'`3F r >e•" �� _y. r m. S�u. �' : d ' -`v. ••k 1'7.c J 'e.•,F.•' ea. n�. sFs3_- _ 4e ec=`.. ^- �:•'P.: �.n, s . of � -�. � a •� _ r r,f r� � r =,c. ,.n d'r �s• • � ' °w' .. ° =`�c�: a " . i .:�a �c v-, . r• - •�s � r r:. .Jh' u • r '��`� -5, ' � •yam '.ai - v €�"• . s ...°•F . . 3 • rac • � d, d f a n.¢. r . � � . re ��}. ¢' �{ .r. "• .,�..c. �..�.'5a.' ' 4 L• �r* •'=i" ��cc •� v, . ti::: ..sue' � >i` `'i •.�wt•r d • °a'q• r v. � • :r... e �:�` Fy• } . Pr " �' f+ .� - � - ..e`'e.`. -' G ''fir^ ,S c �. � • . •'�' -�::, l• - � • r T .�' j:. +' �•'�"✓" �fR. ',+ •'•r ' 't " ` . y...t y J . •bX.. �" ..r.' -� +t is .,YSw..'� , �•-� - tt C' • xJ'. •Nf' v : �.. .rryc.3: , f_ -. < • -g ". E'r.]•^ •..✓. .•f9 r-'S -7 '7' [a •). , �' a� ' rlrs• :'rf P ih•Y - S - '' ,. '• 1'v Fa ". ?,. o-y �,x rXa ` °' "�P• ^ :C °��' ..F... _ � rya i r a.-• .r:.s. - *`r' r,. � `s : Kam`' • °�' :.; .� ,s =. ,� x r . nq:.... �: :.� s . z 7 -r':4. 3'a: .•° -� " ' ' ? s° . • ' >':... K� wk. F' ' ,n f•^• a .. _ � ° � ..�.... '�' ^' �C':t . r l�. �, r - •. 3• T- . ?+•.r- � .N''¢ • "• { �e..- - �. � 6 r : �£ � �+ A f� . r' • -�. '• �F Y' ]� � '. j �� • .a2' � ..,l;:•� 'VL- ;�'n �' '?.1 .'.'�� �' f- :'!�•.'••': �.. �rW Sb. � ¢ C al.. ' � •r-' . ;s. � ' `5 s -<, . ..,y =w •'a . n % a :., fi e- .*, •w •:�. �' s... ``'� :�• .7. i�� r r• x s'•. �`... 3 7 '�.5•. � ^4Yr'vF'. _.. �'' s � ..(. � y. �lr"•• i : r''h' "'... . !f }'_� .• `�_.. ``+«.' � r,,�- � , f•'.`•:. ` .t�' 'T: '' x . "/F �'s. •� , h ' \ � ".'..r .¢+' • ',y� sw 1. ..a -a"" i " ^1`ti " . eS Y' T" "+: 1 c-s 3 �` / ^.� 2 L "C �S`' � Y n . A 9 M[ S'. < / • 9 � C .� s�L. "i-•" 3r. �•y '.f -}}. -, s.F ,r•� Ss: . s'F 'h ' e YT'. ` �Y'f t fir- - , t • F' •�'. .f.. � v <"?.°o•i• .•ta' • .i. .9 .h • ",'H . : w . E ' •"F 9, y x i ' a � •�naY "3 J s`: , ;.. : v , f.. �rr'••, �� rrr � . ;.,. ...,:�, - c .r, arx,._...." r'f..'r''•=..: ti, .ry . ���' 'a' r K,:. cs� '� 1 �, , Lh � '�Rr, i . ! i + M w -K' f] e -F'. . 4 ^v" R . >`. •s f . '`�� . J r i . 5 4 L v, -rC". a ? > - ./� Y •r-'v° 'a . F e• . -'s _ - a Y" •Ja• ':.F . ^ i •a' y ' � ..Z t S' a E ?Y.m =L � � •V' ' .. r-i• • r 3 e•. e'S�i ' do 'AZ E . 1, r x • y:•. r�� r r•r ,x, ...�'` s' , �' x• x Ac.. � 1: • �, a 1;' ,.q �. •. • was - , rr , �.w_,;.: ,,� • ^L .� �., a,{':! '� • _ t �^ e •.�-. , z "ir. d '.a �v � *7r • . ar .r 2 '•r.' . y�. r ' .••r: ;,,� . _ +;) S•. ' L . > '` .., J � a ,,.. r �`3', S .�' <w. 3': r3' ^ ^'k r-'9�. S. , J.r'f.Y .. � ".. �:} •'F ,� � � :%H'' R. •.i L R'. �•• r.... ...F Y Li h�ry .�r •?-•. _'. �• -�',. e 1 � ��,, .55'.. ~� S� .Fr•n.?"�; ?•'' 'J '3 As. .- � � • 't :! •`n v QE ^.i' ..1� .If. �.: is hs ., r w; =" ^� ' S '3 � 3' rf = " r �s� "'a ..r, a . R� i s Ze F,. .{ • : F 'i' �r . � i c • r z. r i f .a. .*- o r t • , • P'+ 's ¢7 a n • : • f�- r Y : t ..j a fir' � . � • 'e • _ N.hc :.� s. .c- r .. k .� ' e . a • r . � . r : � .r s Y ''f e . }.c. , S. ' d - Ir. "'a� ..� "t •� ..,.. < <'- G�e`' r.. -- : J ems,.' n � - • .r�` • •/". �' ` -- • "'= �..:ay -�. " r te`' • .v 1 + n� na ,. Yr• ,^. S ECTION 1 Location t o Location Transfer: (Bars and Liquor Stores ONLY) APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE , - . _ - _ 1 . Current Business: N ame Bamboo Viilagc (Exactly as it appears on license) Address 1810 N• grid Ave. Ain, AZ. 85321 2. New Business: (Physical Street Location) 3. License Type: 07 Beer & Wine 4. if more than one license to be transferred: License Type: License Number: 5. What date do you plan to move? Currently Operating What date do you plan to open? Currently Open �TC3N �3 Questions far all in -state applicants exc the se a lying for g.overnmen ellm restaurant licenses (series 5, 11, and 12) A.R.S. § 4 (A) and (13) state that no retailer's license shall be issued for any premises which are at the time the license application is received by the director, within three hundred (300) horizontal feet of a church, within three hundred (300) horizontal feet of a public or private school building with kindergarten programs or grades one (1) through (12) or within three hundred (300) horizonal feet of a fenced recreational area adjacent to such school building. The above paragraph DOLS NOT apply to: a) Restaurant license (§ 4- 205.02) b) Hotel/motel license (§ 4- 205.01) 1. Distance to nearest school: 7000 2. Distance to nearest church: 6000 Address 5250 W. Cortoro Farms Rd. Marana, Az. 85742 City, State, Zip 3. l am the: ❑ Lessee ❑ Sublessee ❑ owner 10 Purchaser (of premises) 4. if the premises is leased give lessors: Name - Address City, State, Zip 4a. Month rental /lease rate $ What is the remaining length of the lease yrs. mos. 4b, What is the penalty if the lease is not fulfilled? $ or other (give details - attach additional sheet if necessary) 5. What is the total business indebtedness for this license /location excluding the lease? $ Milli Please list lenders you Owe money to. 5 Name Holiday Inn Express Address 8373 N. Cracker Barrel Rd. Marana, AZ. 85743 License Number: 071 00246 c) Government license (§ 4- 205.03) d) Fenced playing area of a golf course (§ 4 -207 (8)(5 )} ft. Name of school Coyote Trail Elementary Address 8000 N. Silverbell Rd. M arana, AZ. 85743 City, State, Zip ft. Dame of church Desert Son Comunity C hurch Marana Council Meeting 01/20/2015 Page 89 of 278 (ATTACH ADDITIONAL SHEET IF NECESSARY) 6. What type of business will this license be used for (be specific)? Hotel E T1oN 1 a coy - Un e 7. Has a license or a transfer license for the premises on this application"*b60" a-d�hi key the state within the past one (1) year? 1:1 YES N NO If yes, attach explanation. 3. Does any spirituous liquor manufacturer, wholesaler, or employee have any interest in your business? ❑ YES N No 9. Is the premises currently licensed with a liquor license? ❑ YES N No If yes, give license number and licensee's name: License # (exactly as it appears on license) Name SECTION 1 4 Restaurant or hotel /motel license applicants: 1. Is there an existing restaurant or hotel /motel liquor license at the proposed location? [] YES ❑ NO If yes, give the name of licensee, Agent or a company name: and license #: Last First 2 . If the answer to question 1 is YES, you may qualify for an Interim Permit to operate whileyour application is pending; consult A.R.S. § 4-203.01; and complete SECTION 5 of this application. 3. All restaurant and hotel /motel applicants must complete a Restaurant operation Plan .(Form LIC0114) provided by the Department of Liquor Licenses and Control. 4. As stated in A.R.S. § 4-205.02.G.2, a restaurant is an establishment which derives at least 40 percent of its gross revenue from the sale of food. Gross revenue is the revenue derived from all sales of food and spirituous liquor on the licensed premises. By applying for this ❑ hotel /motel ❑ restaurant license, I certify that I understand that I must maintain a minimum of 40 percent food sales based on these definitions and have included the Restaurant Hotel /Motel Records Required for Audit (form LIC 1013) with this application. applicant's signature As stated in A.R.S § 4- 205.02 (8 ), l understand it is my responsibility to contact the department of Liquor Licenses and Control to schedule an inspection when all tables and chairs are on site, kitchen equipment, and, if applicable, patio barriers are in place on the licensed premises. with the exception of the patio barriers, these items are not required to be properly installed for this inspection. Failure to schedule an inspection will delay issuance of the license. If you are not ready for your inspection 90 days after filing your application, please request an extension in writing, specify why the extension is necessary, and the new inspection date you are requesting. To schedule your site inspection visit www.azliquor.gov and click on the "Information" tab. applicants initials SECTI N '1 6 Diagram of Premises: (Blueprints n ot accepted, diagram must be on this form) 1. Check ALL boxes that apply to your business: 91 Entrances /Exits Liquor storage areas Patio: CR Contiguous ❑ Service windows ❑ Drive -in windows ❑ Non Contiguous 2. Is your licensed premises currently closed due to construction, renovation, or redesign? If yes, what is your estimated opening date? month /day /year 3. Restaurants and hotel /motel applicants are required to draw a detailed floor plan of the kitchen and dining areas including the locations of all kitchen equipment and dining furniture. Diagram paper is provided on page 7. 4. The diagram (a detailed floor plan) you provide is required to disclose only the area(s) where spiritous liquor is to be sold, served, consumed, dispensed, possessed, or stored on the premises unless it is a restaurant (see #3 above). 5. Provide the square footage or outside dimensions of the licensed premises. Please do not include non - licensed premises, such as parking lots, living quarters, etc. As stated in A.R.S. § 4- 207.01 (8), 1 understand it is my responsibility to notify the Department of Liquor Licenses and control when there are changes to boundaries, entrances, exits, added or deleted doors, windows or service windows,or increase or decrease to the square footage after submitting this initial drawing. applicants initials 6 ❑ YES ® No Marana Council Meeting 01/20/2015 Page 90 of 278 SECTION 15 Diagram of Premis s 4. In this diagram please show only the area where spirituous liquor is to be sold, served, Con.sutined, dispensed, possessed or stored. It must show all entrances, exits, interior walls, bars, bar sto o l-s, hi-top tables, dining tables, dining chairs, the kitchen, dance floor, stage, and game room. Do not include parking lots, living quarters, etc. when completing diagram, North is up If a legible copy of a rendering or drawing of your diagram of premises is attached to this application, please write the wards "diagram attached" in box provided below. A f, ,Q, 4 ( Ac- L-t 10 SECTION 16 Signature Block . E i 1, Jared Michael Repinski , hereby declare that I am the OWNER /AGENT filing this (print full name of applicant) application as stated in Section 4, Question 1. 1 have read this application and verify all statements to be true, correct and p o lete (signature of appli : nf'listed ' S ction 4, Question 1) rr r . r My commission expires on Day Month Year Marana Council Meeting 01/20/2015 State of County of The foregoing instrument was acknowledged before me this of t ay:. onth J Year F ` ( 1 J sig f NOTARY PUBLIC OFFICIAL SEAS._ 4 rt a: �� _� n SELE�lA MAf�f E GC�N�ALFS �� ; "' f = NOTARY PUBLIG - Suite of Arizona .A MARICOPA COUNTY My Comm. Expires February 12, 2016 Page 91 of 278 �C(a- C &xc �-LA Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses I;PriPc, h Bar The bar (series 6) liquor license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and /or location to location within the same county and allows the holder both on- & off -sale retail privileges. This license allows a bar retailer to sell and serve all types of spirituous liquors, primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off -sale ( "To Go ") privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. A.R.S. § 4- 206.01.F. states that after January 1, 2011, the off-sale privileges associated with a bar license shall be limited to no more than 30% of the total annual sales receipts of liquor by the licensee at that location. Payment must be made no later than the time of delivery. Off -sale ( "To Go ") package sales of spirituous liquor can be made on the bar premises as long as the area of off -sale operation does not utilize a separate entrance and exit from the ones provided for the bar. A hotel or motel with a Series 6 license may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty -one (21) years of age. Access to the minibar is by a key or magnetic card device and not furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m. Series 7 Beer and Wine Bar The beer and wine bar (series 7) liquor license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and/or location to location within the same county and allows the holder both on- & off -sale retail privileges. This license allows a beer and wine bar retailer to sell and serve beer and wine (no other spirituous liquors), primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A retailer with off - sale ( "To Go ") privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. A.R.S. § 4- 206.01.F. states that after January 1, 2011, the off - sale privileges associated with a bar license shall be limited to no more than 30% of the total annual sales receipts of liquor by the licensee at that location. Off -sale ( "To Go ") package sales can be made on the bar premises as long as the area of off -sale operation does not utilize a separate entrance and exit from the one provided for the bar. Payment must be made no later than the time of delivery. {00018233.DOC / 21 Marana Council Meeting 01/20/2015 Page 93 of 278 Department of Liquor Licenses and Control Descriptions of Common Types of Liquor Licenses Series 9 Liquor Store The liquor store (series 9) license is a "quota" license available only through the Liquor License Lottery or for purchase on the open market. Once issued, this liquor license is transferable from person to person and /or location to location within the same county and allows a spirituous liquor store retailer to sell all types of spirituous liquors, only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off-sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 9 (liquor store) licensees and applicants may apply for unlimited sampling privileges by completing the Sampling Privileges form. Series 10 Beer and Wine Store This non - transferable, off -sale retail privileges liquor license allows a retail store to sell beer and wine (no other spirituous liquors), only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. A retailer with off -sale privileges may deliver spirituous liquor off of the licensed premises in connection with a retail sale. Payment must be made no later than the time of delivery. Series 10 (beer and wine store) licensees and applicants may apply for unlimited sampling privileges by completing the Sampling Privileges form. Series 11 Hotel /Motel This non - transferable, on -sale retail privileges liquor license allows the holder of a hotel /motel license to sell and serve all types of spirituous liquor solely for consumption on the premises of a hotel or motel that has a restaurant where food is served on the premises. The restaurant on the licensed premises must derive at least forty percent (40 %) of its gross revenue from the sale of food. The holder of this license may sell spirituous liquor in sealed containers in individual portions to its registered guests at any time by means of a minibar located in the guest rooms of registered guests. The registered guest must be at least twenty -one (21) years of age. Access to the minibar is provided by a key or magnetic card device and may not be furnished to a guest between the hours of 2:00 a.m. and 6:00 a.m. Series 12 Restaurant This non - transferable, on -sale retail privileges liquor license allows the holder of a restaurant license to sell and serve all types of spirituous liquor solely for consumption on the premises of an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food. Failure to meet the 40% food requirement may result in revocation of the license. {00018233.DOC / 21 Marana Council Meeting 01/20/2015 Page 94 of 278 Print form Arizona Department of Liquor Licenses and Control 800 West Washington, 5th Floor Phoenix, Arizona 85007 www.azliquor.gov 602- 542 -5141 LOCAL GOVERNING BODY RECOMMENDATION Marana 07100246 CITY OW F STATE APPLICATION # Pima Marana COUNTY OF ARIZONA. CITY OW COUNTY It LL2014 -10 ORDER # At a Regular meeting o the Marana Town Council f of the Cit own ounty (Regular or Special) (Governing Body) Marana 0th January 2015 of .� held on the day of the (Da (Month) (Year) Jared Michael Repinski , application of for a license to sell spirituous liquors at 07100246 7 the premises described in Application # , License Class Series was considered as provided by Title 4, A.R.S. as amended. IT IS THEREFORE ORDERED that the APPLICATION of Jared Michael Repinski is hereby recommended for (approva a license to sell spirituous liquors of the class, and in the manner designated in the Application. IT IS FURTHER ORDERED that a Certified Copy of this Order be immediately transmitted to the Department of Liquor Licenses and control, Licensing Division, Phoenix, Arizona. DATED AT Marana, Arizona 0th January This day of (Month) lic 1 0 07 0 5/2 009 (Yea 0 CITY OWN COUNTY CLERK * Disabled individuals requiring special accommodations please call the Department 2015 Marana Council Meeting 01/20/2015 Page 95 of 278 Print Form ARIZONA DEPARTMENT OF LIQUOR.:. LICENSES AND CONTROL AFFIDAVIT OF POSTING..'%:.'.. ...... . . Last First Middle Business Address: 07100246 License #: 8373 N. Cracker Barrel Road Tucson 85743 Street City Zip 1 hereby certify that pursuant to A.R.S. § 4 -201,1 posted notice in a conspicuous place on the premises proposed to be licensed by the above applicant and said notice was posted for at least twenty (20) days. Print Name of City /County Official ,A. S,-;L Title Signature Telephone # Date Signed Return this affidavit with your recommendation (i.e., Minutes of Meeting, Verbatim, etc.) or any other related documents. If you have any questions please call (602) 542 -5141 and ask for the Licensing Division. Individuals requiring special accommodations please call (602) 542-9027 L 0119 4/2009 Marana Council Meeting 01/20/2015 Page 96 of 278 - r C? RANA -P 115 5 5 W. CIVIC CENTER DRIVE. NIARANA. ARIZ ONA 8 5 65 3 To: Mayor and Council From: Steven Cheslak, Planner II Date: January 20, 2015 Strategic Plan Focus Area: Commerce Item A 1 Strategic Plan Focus Area Additional Info: Implementation of this proposed rezoning will help promote development in the Dove Mountain Activity Center as called for in Initiative 6 within the Commerce Focus Area. Subject: PUBLIC HEARING: Ordinance No. 2015.002: Relating to Development; approving a rezoning of approximately 3.2 acres of land located on the southeast corner of the Twin Peaks Road and Tangerine Road intersection from "C" (Large Lot Zone) to "NC" (Neighborhood Commercial) (Steve Cheslak) Discussion: Summary of Application TRP Twin Peaks LLC is requesting approval to rezone approximately 3.2 acres of land from "C" (Large Lot Zone) to "NC" (Neighborhood Commercial). The property is located on the southeast corner of the Twin Peaks Road and Tangerine Road intersection. Rezoniniz Request The rezoning area is comprised of one lot encompassing approximately 3.2 acres. The parcel was annexed into the Town on July 17, 1990 via Ordinance 1990.26. During the annexation, the zoning was translated from Pima County SR (Suburban Ranch) to the equivalent Town of Marana zoning "C" (Large Lot Zone). In this rezoning application, the applicant is proposing to rezone the lot from "C" to "NC" (Neighborhood Commercial). The "NC" zoning district is intended to accommodate business and commercial uses that serve the neighboring residential areas. Marana General Plan The Marana 2010 General Plan designates the land within the proposed rezoning area as "C" Commercial, which accommodates commercial development that serves the residential development with both pedestrian connectivity and automobile access. Other appropriate uses Marana Council Meeting 01/20/2015 Page 97 of 278 serving the community under this designation may include schools, parks, recreational areas, and religious institutions. Land T Tie The single lot within the proposed rezoning area is currently vacant and undisturbed land. There are no adverse conditions unique to the rezoning area that would preclude commercial development. Topographic grades range from 0.5 to 3 percent and the area is not affected by a FEMA Special Flood Hazard Area or localized off -site watershed. A preliminary drainage study has been completed to assess the current conditions and provide a basic understanding of the on -site and off -site drainage conditions. Future commercial development of these lots will require a detailed drainage report that will also assess proposed conditions and provide the final drainage solution. Post - development drainage conditions will not result in any negative impacts to the surrounding properties. Should the rezoning request be approved, all future commercial development proposed for the rezoning area will be subject to all applicable plan review and approval procedures through the Town of Marana including, but not limited to, development plan, landscape plan, native plant permit, and all associated improvement plans and construction documents. All proposed commercial development will meet or exceed the Town's Commercial Design Standards in order to ensure high quality and attractive development. The Neighborhood Commercial zoning district allows such land uses as medical, dental, and veterinary clinics, food stores, office buildings, restaurants, and similar uses. Commercial land uses are subject to minimum site size of one (1) acre and maximum lot coverage by structures is limited to thirty -five (35) percent. A special buffer area of a minimum of twenty-five (25) feet is required adjacent to all residential uses. Building heights are limited to thirty (30) feet. The adjacent properties to the east, west and south also have the "C" zoning designation. There is currently a residence directly to the east and vacant parcels to the south. The land to the west, across Twin Peaks Road, is part of a large tract of undeveloped land owned by the State of Arizona. To the north, across Tangerine Road, the property is zoned F - Dove Mountain Specific Plan. There has been significant residential and commercial growth within the Dove Mountain development and nearby Dove Mountain Commercial Center. Access and Circulation Access to the site is possible off of Twin Peaks Road and Hollywood Boulevard with limited access on to Tangerine Road. A more detailed access and circulation study associated with this project, both off -site and on -site, will be reviewed during the development plan and improvement plan review processes. Any roadway or traffic control improvements required by the findings of a Town - accepted traffic study shall be designed and constructed by the owner /developer. As a condition of this rezoning, the owner of the property shall be dedicating seventy -five (75) feet of land along the northerly border of the Rezoning Area for additional right of way on Tangerine Road and fifteen (15) feet of land along a portion of the southerly property line that will complete the full sixty (60) foot half width of right of way on Hollywood Boulevard. Infrastructure The rezoning area is currently in the service areas of all utilities. Sewer service is available from Marana Council Meeting 01/20/2015 Page 98 of 278 Pima County's regional public sewer system via an existing sewer line in the Tangerine Road right -of -way. Marana Municipal Water is the intended service provider, however, Tucson Water currently provides water in the general area and may provide water to the site under a service agreement with all parties. TRICO Electric and Southwest Gas service areas also cover the general vicinity. Citizen Participation The applicant and Planning Department Staff have discussed the rezoning application with the surrounding neighbors and there has been no objection to the project. Public Notification The public hearing for this request was properly advertised and all property owners within 300 feet of the subject property were notified by mail of the proposed use and date of the public hearing. As of the date of this report, staff has not received any correspondence in support of or in opposition to the proposed rezoning. Recommended Findings of Fact 1. The site is currently zoned "C" (Large Lot Zone). The proposed change in zoning from "C" to "NC" (Neighborhood Commercial) is consistent with the purpose and intent of the Town of Marana General Plan. 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. 3. This proposal, with acceptance of the recommended conditions, does not appear to be potentially detrimental to the immediate area or to the health, safety, and welfare of the inhabitants of the area and the Town of Marana. CASE ANALYSIS Review Criteria 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. 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 is consistent with the purpose and intent of the Land Development Code and the Town of Marana General Plan. 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 Town of Marana General Plan Commercial land use designation. Compatible with the surrounding area, harmonious with 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 County: Based on the requirements and conditions, this proposal does not appear to be detrimental to the immediate area and to the general health, safety, and welfare of the inhabitants of the area and the Town of Marana. Marana Council Meeting 01/20/2015 Page 99 of 278 Conditions of Rezoning The conditions of rezoning presented with the proposed draft ordinance are modified and re- worded from the conditions presented to the Commission on December 17. Over the holidays, the Town's Legal Department and Planning Department worked together to create a standard rezoning ordinance template, to simplify and standardize the ordinance and rezoning condition language. Included with the backup materials is an explanation and redline /strikeout comparison of the revisions to the conditions of rezoning. Except for the addition of the standard desert tortoise study provision, which was omitted from the list of conditions taken to the Commission, the revisions do not substantively change the conditions as recommended by the Planning Commission. Staff Recommendation: Planning Commission The Marana Planning Commission held a public hearing on this rezoning on December 17, 2014, and voted 6 -0 (Jakab absent) to recommend that the Town Council approve PCZ 1410 -002 Twin Peaks & Tangerine Rezoning with the following additional condition: Development plans for the Rezoning Area shall require approval of the Planning Commission at a public hearing. This condition has been added to the proposed ordinance as condition 18. Staff recommends approval subject to the conditions of Ordinance No. 2015.002, including the condition added by the Commission. Suggested Motion: I move to adopt Ordinance No. 2015.002, approving the rezoning PCZ 1410 -002 Twin Peaks & Tangerine Rezoning, subject to the recommended conditions set forth in the ordinance. Attachments: Ordinance 2015.002 Exhihit A PCZ 1410 -002 Twin Peaks & Tangerine Rezoning Location Map Application Zoning conditions revisions Marana Council Meeting 01/20/2015 Page 100 of 278 MARANA ORDINANCE NO. 2015.002 RELATING TO DEVELOPMENT; APPROVING A REZONING OF APPROXIMATELY 3.2 ACRES OF LAND LOCATED ON THE SOUTHEAST CORNER OF THE TWIN PEAKS ROAD AND TANGERINE ROAD INTERSECTION FROM "C" (LARGE LOT ZONE) TO "NC" (NEIGHBORHOOD COMMERCIAL) WHEREAS TRP Twin Peaks LLC (collectively the "Property Owners ") own 3.2 acres of land located in Section 1, 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 submitted an application to rezone the Rezoning Area from "C" Large Lot Zone to "NC" Neighborhood Commercial ( "this Rezoning "); and WHEREAS the Marana Planning Commission held a public hearing on this Rezoning on December 17, 2014, and voted 6 to 0 with one Commissioner absent to recommend that the Town Council approve this Rezoning, subject to the conditions recommended by staff and adding new condition 18 below; and WHEREAS the Marana Town Council held a public hearing on this Rezoning on January 20 2015 and determined that the requested Rezoning should be approved. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. The zoning of the Rezoning Area is hereby changed from "C" Large Lot Zone to "NC" Neighborhood Commercial. Section 2. This Rezoning is subj 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, 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 and payment of application fees and applicable development impact fees. 2. A master drainage study must be submitted by the Property Owners and accepted by the Town Engineer prior to Town approval of a preliminary plat or development plan for any portion of the Rezoning Area. 3. A detailed traffic impact analysis must be submitted by the Property Owners and accepted by Town staff prior to approval of a preliminary plat or development plan for any portion of the Rezoning Area. The exact location and operations of any proposed driveways for the {00040619.DOCX / 31 Ordinance No. 2015.002 - 1 - 1/6/2015 4:41 PM SC /FC Marana Council Meeting 01/20/2015 Page 101 of 278 development of the Rezoning Area will require the approval of the Town Engineer based on the findings of the traffic impact analysis. 4. A water infrastructure and phasing plan (WIP) must be submitted by the Property Owners and accepted by the water provider prior to approval of a preliminary plat for any portion of the Rezoning Area. The WIP shall identify all on -site and off -site water facilities needed to serve the proposed development. The WIP shall include all information required by the water provider, such as (but not limited to) analysis of water use and fire flow requirements, and well source, reservoir, and booster station infrastructure needed to serve the proposed development. If the water provider requires a water service agreement as a condition of service to the proposed development, the Property Owners must enter into a water service agreement with the water provider consistent with the accepted WIP. 5. A master sewer plan must be submitted by the Property Owners and accepted by the Pima County Regional Wastewater Reclamation Department (the "wastewater utility ") prior to the approval of any final plat or development plan for the Rezoning Area. The master sewer plan shall identify all on -site and off -site wastewater facilities needed to serve the proposed development, and shall include all information required by the wastewater utility. If the wastewater utility requires a sewer service agreement as a condition of service to the proposed development, the Property Owners must enter into a sewer service agreement with the wastewater utility consistent with the accepted master sewer plan. 6. The Property Owners must design and construct any roadway, drainage, water, and wastewater improvements, and dedicate or acquire any property rights associated with those improvements, that the Town requires based on the data and findings of the accepted traffic impact analysis, the accepted master drainage study, the accepted WIP, the accepted master sewer plan, and other studies approved in connection with the approval of a preliminary plat or development plan for any portion of the Rezoning Area. 7. No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation or relieves the Property Owners from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. The Property Owners should retain appropriate experts and consult appropriate federal and state agencies to determine any action necessary to assure compliance with applicable laws and regulations. 8. 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. 9. Prior to the issuance of any grading permits, 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, if federal permits are required for the development of the Rezoning Area. 10. 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 {00040619.DOCX / 31 Ordinance No. 2015.002 -2- 1/6/2015 4:41 PM SC /FC Marana Council Meeting 01/20/2015 Page 102 of 278 the Rezoning Area. Any Sonoran Desert tortoises found on the Rezoning Area shall be relocated at the Property Owners' expense. 11. The Property Owners shall not cause any lot split of any kind without the written consent of the Town of Marana. 12. The Property Owners shall dedicate an additional 75 feet of land along the northerly property line of the Rezoning Area to the Town of Marana. 13. The Property Owners shall dedicate an additional 15 feet of land along a portion of the southerly property line of the Rezoning Area to the Town of Marana that will complete the full 60 foot half width of right of way for Hollywood Boulevard. 14. A cultural resources survey must be completed and submitted to the Town for review and approval prior to any site disturbance 15. Town staff is authorized to require minor grammatical and illustrative changes to the Rezoning Site Analysis document. 16. Before recordation of a final plat or the approval of a development plan, the Property Owners shall have completed or shall provide evidence to the Town's satisfaction that the Property Owners have made a diligent effort to complete the process of having the Rezoning Area annexed into a fire district or have otherwise provided for fire protection service to the Rezoning Area. 17. No residential uses shall be allowed in the Rezoning Area. 18. Development plans for the Rezoning Area shall require approval of the Planning Commission at a public hearing. Section 3. All ordinances, resolutions and motions and parts of ordinances, resolutions, and motions of the Marana Town Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 20 day of January, 2015. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00040619.DOCX / 31 Ordinance No. 2015.002 -3- 1/6/2015 4:41 PM SC /FC Marana Council Meeting 01/20/2015 Page 103 of 278 W W W 0 0 CD CD O O NJ C) (31 CD 0 00 Foxtud SGSM FoamJ BCSN n can tin g NW in conurcto N 4 on 1-12-12 8!r2524E 2637.63 N892531'r, 2637,66R. — -12-12 cor,efion I �Ovecbcsffic ,ignal d tra TANGERINE ROAD (Book 7Rosd Map Page 83) T4 tension dec4ic lines ding foaft SCIIEDULE B ITEMS Section 11 PER TITLE REPORT 3. Book 202 of Deeds Pa 295 unle 5. Draina Easement and Restrictive Covenant Docket 13706 Pa 3330 recorded December 16, 2009 and re-recorded in Docket 13724, Pa 2067 Januar 13, 20 6. Temporar Construction Easement Docket 13706 Pa 3355 recorded December 16, 2009 re-recorded Januar 13, 201 in Docket 13724, Pa 2097, P 1. Assessors parcel map 2. Road Map Book 7 Pa 83 -J N89'25'24"E 209.58 3. Ri of Wa Plan for Dove Mountain Blvd Extension �� I J� 7 Rwbus-- 25.00 _ — D1h11 - 90q4 L 21; q_ Len 39,37 4. Record of Surve SEQ No.20111470013 5. Ri of Wa Plan for Dove Mountain Blvd Extension 25' Electric casement Project No, 2001-52 Pa 348 of 352. Vir Shaner 6.Record of Surve Book 5 Pa 3 dated 5315 W. Tan Rd Docket 13724 Pa 2058 (See note #10) Parcel# 216-02-0130 / -+ast line Ri -of-W y line Docket 13724 Pa 2D y )NLN isfing sidewalk / -East line "Fewpom contraction line easement" Docket 13724 Pa 2067 II co note #9 tension dec4ic lines ding foaft SCIIEDULE B ITEMS Section 11 PER TITLE REPORT 3. Book 202 of Deeds Pa 295 unle 5. Draina Easement and Restrictive Covenant Docket 13706 Pa 3330 recorded December 16, 2009 and re-recorded in Docket 13724, Pa 2067 Januar 13, 20 6. Temporar Construction Easement Docket 13706 Pa 3355 recorded December 16, 2009 re-recorded Januar 13, 201 in Docket 13724, Pa 2097, West line Ri line_ Docket 13724 Pa 2058 n Area = 142 s ft 3.262 Acres ° ix S89110'58"W 20.00 B , 'el PIA Z See note NJ 1) dins - 25.00 —T Dmitin easement nice line Delta- 891461511 Docket 13724 Pa 2067 )135'53" ( rM Lon 39.17 SO( F, �1. — 15.00 N89207"E 185.10 md pin 89'20TT 44-57 Itf 5 1317 CP y 9*24'0 T? N8 7"E Found 3"BCSM I iLVD HOLLYWOOD in castin Dirt road Ed pawnwd d pin -- — — — — — — — — — ---- 701m PIS 13178 16"CP Linda Carrol Attn: Linda Fortman 2042 W. Amy Dr. oncrete curb Tucson, AZ 85705 t & gut- (typ) Parcel# 216-02-016A Found BCSM c astin g Wi e section 1- 1 2-12 f '"o , CURRENT PROPERTY INFORMATION Owners- GLP KANSAS CITY LLC PO Box 414740 Kansas Cit MO 64141-4740 Docket 10593 Pa 1428 Parcel No. 216-02-01 SA Zonin Lar Cat C Acrea 3,262 acres Area: 142,115 s feet LEGEND EMB - Electric meter box FH- Fire h HC - Handicapped parkin TMB - Irri meter box W - Irri valve LP - Li pole MH- Manhole 011- Overhead utilit lines PP - Power pole S- Sewer line SP - Service pole S1, Street li Traff- Traffic TS - Traffic si T Si Traffic Si WM - Water meter WV Water valve N Scale 1 " = 40' GENERAL NOTES 1.4- Indicates set J" steel pin mkd RLS 25405, unless noted. 2.9- Indicates found I" steel pin mkd RLS 25071 unless noted. 3. M - Measured 4. R - Map or Deed Record 5. C - Calculated 6. * Basis of Bearin South 00'49'02" East, West line of the Northwest Quarter of Section 1, Township 12 South, Ran 12 East, G.S.R.B. & M., Pima Count Arizona per le description as shown in title report b Fidelit National Title Insurance Co. Order No.50001312-050-BAS dated June 5, 2013. 7. This surve is based on title report provided b Fidelit National Title Compan Order No. 50001312-050-BAS dated June 5, 2013. 8. There are under utilities on this propert before di call Blue Stake for location. 9. This temporar construction easement recorded in Docket 13706 at Pa 3355 has been terminated as noted in "A under Term, 10. Docket 6612 at Pa 882 was not mentioned in the title report. This easement is shown on a Record of Surve that is recorded in Se pa 349 Of 352 of Dove Mountain Blvd Extension project 2001-52. 11. This dirt road appears to be used onl b utilit companies to maintain the utilit boxes show on this surve 12.Tbere is an irri s alon the west propert line. 13. It appears tha the nearest sewer to subject propert is north of Tan road. RESULTS OF ALTA/ACSM SURVEY (URBAN) Of the West Half of the Northwest Quarter of Lot 4 in Section 1, Township 12 South, Ran 12 East, Gila and Salt River Base and Meridian, Pima Count Arizona. EXCEPT the West 30 feet tereof, and EXCEPT the South 30 feet thereof and also EXCEPT an portion l within Tan Road as shown on Road Map recorded in Book 7 of Road Maps at Pa 83 and also Except an portion conve to the Town of Marana b Deed recorded December 16, 2009 in Docket 13706, Pa 3323 re-recorded Januar 13, 2010 in Docket 13724, Pa 2058, records of Pima Count Arizona. CERTIFICATION To: TRP Dental 11, P.L.L.C., an Arizona professional limited liabilit compan GLPKANSAS CITY,LLC, an Arizona, limited liabilit compan and Fidelit National Title A This is to certif that this map or plat and the surve on which it is based were made in accordance with the 201 "Minimum Standard Detail Re for ALTA/ACSM Land Title Surve jointl established and adopted b ALTA and NSPS, and includes items 1,2,6 throu 11, 16, 19, and 20 of Table A thereof. The field work was completed on Jul 19, 2013. Date: 254o ? E7T M. e T UEMOD si seal Re No. 25405 M X =r � 0 Cr � 0 rMIL REFERENCE MAPS 1. Assessors parcel map 2. Road Map Book 7 Pa 83 3. Ri of Wa Plan for Dove Mountain Blvd Extension Project No. 2001-52 Pa Roadwa Plan Tan Road Project No.2005-061 Pa 349 of 352. 4. Record of Surve SEQ No.20111470013 5. Ri of Wa Plan for Dove Mountain Blvd Extension Project No, 2001-52 Pa 348 of 352. Vir Shaner 6.Record of Surve Book 5 Pa 3 dated 5315 W. Tan Rd October 21 1986 Parcel# 216-02-0130 West line Ri line_ Docket 13724 Pa 2058 n Area = 142 s ft 3.262 Acres ° ix S89110'58"W 20.00 B , 'el PIA Z See note NJ 1) dins - 25.00 —T Dmitin easement nice line Delta- 891461511 Docket 13724 Pa 2067 )135'53" ( rM Lon 39.17 SO( F, �1. — 15.00 N89207"E 185.10 md pin 89'20TT 44-57 Itf 5 1317 CP y 9*24'0 T? N8 7"E Found 3"BCSM I iLVD HOLLYWOOD in castin Dirt road Ed pawnwd d pin -- — — — — — — — — — ---- 701m PIS 13178 16"CP Linda Carrol Attn: Linda Fortman 2042 W. Amy Dr. oncrete curb Tucson, AZ 85705 t & gut- (typ) Parcel# 216-02-016A Found BCSM c astin g Wi e section 1- 1 2-12 f '"o , CURRENT PROPERTY INFORMATION Owners- GLP KANSAS CITY LLC PO Box 414740 Kansas Cit MO 64141-4740 Docket 10593 Pa 1428 Parcel No. 216-02-01 SA Zonin Lar Cat C Acrea 3,262 acres Area: 142,115 s feet LEGEND EMB - Electric meter box FH- Fire h HC - Handicapped parkin TMB - Irri meter box W - Irri valve LP - Li pole MH- Manhole 011- Overhead utilit lines PP - Power pole S- Sewer line SP - Service pole S1, Street li Traff- Traffic TS - Traffic si T Si Traffic Si WM - Water meter WV Water valve N Scale 1 " = 40' GENERAL NOTES 1.4- Indicates set J" steel pin mkd RLS 25405, unless noted. 2.9- Indicates found I" steel pin mkd RLS 25071 unless noted. 3. M - Measured 4. R - Map or Deed Record 5. C - Calculated 6. * Basis of Bearin South 00'49'02" East, West line of the Northwest Quarter of Section 1, Township 12 South, Ran 12 East, G.S.R.B. & M., Pima Count Arizona per le description as shown in title report b Fidelit National Title Insurance Co. Order No.50001312-050-BAS dated June 5, 2013. 7. This surve is based on title report provided b Fidelit National Title Compan Order No. 50001312-050-BAS dated June 5, 2013. 8. There are under utilities on this propert before di call Blue Stake for location. 9. This temporar construction easement recorded in Docket 13706 at Pa 3355 has been terminated as noted in "A under Term, 10. Docket 6612 at Pa 882 was not mentioned in the title report. This easement is shown on a Record of Surve that is recorded in Se pa 349 Of 352 of Dove Mountain Blvd Extension project 2001-52. 11. This dirt road appears to be used onl b utilit companies to maintain the utilit boxes show on this surve 12.Tbere is an irri s alon the west propert line. 13. It appears tha the nearest sewer to subject propert is north of Tan road. RESULTS OF ALTA/ACSM SURVEY (URBAN) Of the West Half of the Northwest Quarter of Lot 4 in Section 1, Township 12 South, Ran 12 East, Gila and Salt River Base and Meridian, Pima Count Arizona. EXCEPT the West 30 feet tereof, and EXCEPT the South 30 feet thereof and also EXCEPT an portion l within Tan Road as shown on Road Map recorded in Book 7 of Road Maps at Pa 83 and also Except an portion conve to the Town of Marana b Deed recorded December 16, 2009 in Docket 13706, Pa 3323 re-recorded Januar 13, 2010 in Docket 13724, Pa 2058, records of Pima Count Arizona. CERTIFICATION To: TRP Dental 11, P.L.L.C., an Arizona professional limited liabilit compan GLPKANSAS CITY,LLC, an Arizona, limited liabilit compan and Fidelit National Title A This is to certif that this map or plat and the surve on which it is based were made in accordance with the 201 "Minimum Standard Detail Re for ALTA/ACSM Land Title Surve jointl established and adopted b ALTA and NSPS, and includes items 1,2,6 throu 11, 16, 19, and 20 of Table A thereof. The field work was completed on Jul 19, 2013. Date: 254o ? E7T M. e T UEMOD si seal Re No. 25405 M X =r � 0 Cr � 0 rMIL SITE ANALYSIS REPORT Project: Case Number: Revision Date: Property: Location: Type of Request: Applicant: Twin Peaks and Tangerine Rezoning PCZ1 440=002 December 2, 2014 3.262 Acres, Assessor Parcel ID 216- 02 -015A Southeast corner of Twin Peaks and Tangerine Rezone from "C" Large Lot to Neighborhood Commercial TRP Twin Peaks, LLC Prepared By: Del Post, Esq. Datsopoulos, MacDonald & Lind, P.C. Central Square Building 201 W. Main St., Suite 201 Missoula, Montana 59802 (520) 850 -0508 Marana Council Meeting 01/20/2015 with assistance from: Ricardo Aguirre, P.C. Coe & Van Loo Consultants 4550 N. 12 Street Phoenix, Arizona 85014 (602) 285 -4788 o -r� Pa e 105 of 278 IK TABLE OF CONTENTS REZONE IMPACT NARRATIVE Page 1 PART I - SITE INVENTORY AND ANALYSIS I -A Existing Land Uses Page 2 I -B Topography Page 10 I -C Hydrology Page 12 I -D Vegetation Page 14 I -E Wildlife Page 16 I -F Viewsheds Page 25 I -G Traffic Page 25 I -H Recreation and Trails Page 26 I -I Cultural /Archeological /Historic Resources Page 28 I -J McHarg Composite Map Page 28 PART II - LAND USE PROPOSAL II -A Project Overview Page 30 II -B Tentative Development Plan Page 30 II -C Existing Land Uses Page 31 II -D Topography Page 33 II -E Hydrology Page 33 II -F Vegetation Page 33 II -G Wildlife Page 34 II -H Viewsheds Page 34 II -I Traffic Page 34 II -J Public Utilities Page 35 II -K Impacts to Public Services Page 35 II -L Recreation and Trails Page 36 II -M Cultural, Archaeological and Page 36 Historic Resources PART III - CONCEPTUAL DEVELOPMENT PLAN REQUIREMENTS III -A Conceptual Development Plan III -B Boundaries and Dimensions of the Subject Property III -C Name and Right of Way Width of All Adjacent and Internal Streets and Alleys III -D Location and Dimensions of All Proposed and Existing Buildings Involved III -E Existing Adjacent Structures III -F Existing and Proposed Building Land Use For Each Building Activity Area III -G Existing and Proposed Building Square Footages, Page 37 Page 37 Page 37 Page 37 Page 37 Page 37 Page 37 Marana Council Meeting 01/20/2015 ; Page 106 of 278 Bibliography Page 41 Marana Council Meeting 01/20/2015 ii Page 107 of 278 Types of Units, Density and Lot Coverage Calculations and Building Heights III -H The Yards and Spaces Between Existing and Page 39 Proposed Buildings III -I Existing Topography and Proposed Grading, Page 39 Showing All Slopes III -] Proposed Parking Layout, Including Number of Page 39 Spaces Required and Provided, Vehicular, Pedestrian and Service Accesses, Driveways, Maneuvering Areas, Loading and Trash Areas III -K Screen Locations, Existing and Proposed Walls, Page 39 Fences, etc., Indicating Height, Design and Materials III -L The Location and Description of Any Storage or Page 39 Open Land Activities to Take Place Outside the Buildings, Including Square Footage of Such Activities III -M Landscape Concept Plan Page 39 III -N Location of All Existing Trees or Manmade Features Which are to Remain or be Removed III -O Current and Proposed Locations of All Utilities to Page 39 Service the Project, Including Electrical Telephone, Water, Sewer and Gas, including Easements III -P Location, Size, and Dimensions of Existing and Page 39 Proposed Signs III -Q The Locations and Description of the Amenities Proposed Page 40 Bibliography Page 41 Marana Council Meeting 01/20/2015 ii Page 107 of 278 TABLE OF EXHIBITS Ex. I -A.1 Regional Site Location Map Ex. I -A.2 Boundary /Existing Land Use Map Ex. I -A.3 Surrounding Zoning Map Ex. I -A.4 Location of Wells Map Ex. I -B.1 Topography Map Ex. I -C.2 Flood Insurance Rate Map Ex. I -D.1 Vegetation Map Ex. I -E.1 Draft HCP Conservation Zones & Wildlife Linkages Ex. I -E.2 Arizona's On -line Environmental Review Tool Ex. I -H.1 Recreation and Trails Map Ex. I -J.1 McHarg Composite Map Ex. II -C.1 Rezoning Area Map Ex. III -B.1 Boundary Map Page 3 Page 5 Page 7 Page 9 Page 11 Page 13 Page 15 Page 17 Page 18 Page 27 Page 29 Page 32 Page 38 Marana Council Meeting 01/20/2015 ; ; ; Page 108 of 278 REZONE IMPACT NARRATIVE If approved, this rezone request will further two important strategic initiatives identified in the Town's Strategic Plan: increasing land-use potential within the Dove Mountain Activity Center (Commerce, 4(b)(ii)); and promoting development within the Dove Mountain Activity Center (Commerce, 6(a)(ii)). This rezone request concerns 3.2 acres of undeveloped vacant land located at the southeast corner of Tangerine Road and Twin Peaks Road (the "Property""). The owner of the Property seeks a rezoning from " "C" Large Lot to Neighborhood Commercial. With the Town's completion of Twin Peaks Road in 2010, the Town created an important gateway to one of the most unique residential, recreational, and tourism destinations in all of Southern Arizona. This property is located at that gateway. The Town invested significantly in Twin Peaks Road, and the Town is on the verge of making further significant investments to widen and improve Tangerine Road. Yet despite the adjacency of the Property to this critical gateway - in which the Town has and w i l l yet make significant investments - the Property as it is presently zoned does not enable the Town to receive a return on its investment. This rezone request will enable the Town to begin to recover a return on its investment and will promote the type of commercial development called for in the Town's Strategic Plan, General Plan, and Economic Roadmap. While the owner does not currently have any specific development plans with the Property, the rezoning request will permit the applicant to pursue commercial development opportunities that will benefit the Town of Marana. Because of the unique location of the Property at the gateway of the Tortolita Mountain Park, Dove Mountain community, and the world renowned Ritz Carlton Resort, there are a variety of responsible and sensible commercial uses for the Property that will create employment within Marana, increase sales tax revenues to the Town, and promote the beauty and uniqueness of the Sonoran desert experience. The owner believes the zoning designation of Neighborhood Commercial is the most suitable zoning designation for the Property as such designation will permit uses such as, for example, banks, drug stores, medical and dental offices, restaurants, convenience stores, and other small scale retail uses. Marana Council Meeting 01/20/2015 Page 109 of 278 PART I — SITE INVENTORY AND ANALYSIS A. EXISTING LAND USES 1. Site Location Described and Mapped This rezoning request pertains to a single 3.262 acre lot of undeveloped and vacant land located at the southeast corner of Tangerine Road and Twin Peaks Road. The site is currently zoned "C" Large Lot and there are no uses and no structures on the site. If the rezone is granted, the site would be rezoned to Neighborhood Commercial under the Town of Ma ra na's Land Development Code. The site is designated in the Town of Ma ra na General Plan as Commercial, which is consistent with the Neighborhood Commercial zoning designation. The site location is described and mapped on Map I -A.1, Regional Site Location Map. Marana Council Meeting 01/20/2015 Page 110 of 278 Al T R T 0 L I T A SA U N T A I N o P A R K PIMA COUNTY 7 I ljo r i Site Location rT 'N T 0 R T L I T A P R E S V E JEW -.7 4r�w __ will W.L_ xr rn ❑ _ ON rn ❑ r Z .- _ II ........... 14. a 1 7 4- M"m ORO 1 7 4- 2. Existing Land Uses Described and Mapped There are no land uses presently on the site. The existing land use conditions are generally depicted on Map I -A.2, Boundary /Existing Land Use Map. Marana Council Meeting 01/20/2015 Page 112 of 278 T 0 R T 0 L I T A W 0 U N T A I N , " # P A R K, 4 0 ---------- Vo w .1k T 0 L I T A . . . . . . . ...... — EE E y . R V 3 .3.� .......... Rezone/Site Location M F-1 ► F-1 F-1 POW F-1 M > 44 M I 2 3 &A i I Plannin Area Boundar A Airport Commercial Industrial Open Space Parks and Recreation Public/Institutional Residential Multi Famil Residential Sin Famil Rivers, Washes and Draina Vacant/Undeveloped CAP Canal Pima /final Count Boundar Marana Town Limits I 2 3 &A i I 3. Property Within 1 /4 Mile of Site To the west and southwest of the site lies approximately 633 acres of undeveloped land owned by the State of Arizona, which is also zoned "C" Large Lot. The Town of Marana General Plan designates the northeast corner of the State's parcel, or the southwest corner of Tangerine Road and Twin Peaks Road, as commercial. To the north lies the master planned residential community known as Dove Mountain, which is governed by the "Dove Mountain Specific Plan ". Dove Mountain is a large residential area with commercial activities within the community such as restaurants, golf courses, and, most notably, the world renowned Ritz Carlton Resort. Within the Dove Mountain Specific Plan, there is a gas station and convenience store located adjacent to the site at the northeast corner of Tangerine Road and Dove Mountain Blvd., as well as a shopping center with retail uses within the shopping center. The properties within 1 /4 mile to the south and southeast of the site are undeveloped lands zoned as "C" Large Lot and R -36, and all designated as Commercial by the Town of Marana's General Plan. The properties within a 1 /4 mile to the east are also zoned as " "C" Large Lot and R- 36 and appear to contain single story structures and outbuildings of a residential nature. These properties are also designated as Commercial by the Town of Marana's General Plan. At the time of this application, there is one active project and it is PRV141 - 001 Tangerine Ridge, a subdivision preliminary plat, east of this project. The surrounding zoning is depicted on Map I -A.3, Surrounding Zoning Map. Marana Council Meeting 01/20/2015 Page 114 of 278 v L =-- v ^^�' w n 0 N O N O :-i V 6 �a 1 - -- I 1 1 1 1 ------------------ I I 1 I 1 I I 1 Site ❑o❑ation 1 I 1 I 1 ❑ar ❑e [lot ❑ 1 I 1 'W 'TANGERINL Fit? 1 - 1 !I 1 I 1 1 I� 1 1 1 I 1 1 1 1 1 1 F O z SOMEONE D F-1 v z F-1 �f i Pilr1tia ( I)U This map is a user generated static output from an It --4 Internet mapping site and is for reference only. Data layers that appear on this map are subject to Pima County's ITD GIS disclaimer and use restrictions. Legend Q Site ❑o❑ation ❑ar ❑e [lot ❑ R❑❑ R❑❑❑ Do❑e Mo❑ntain S pe EHEI P la n ... Ell[[] Mi16 Radi❑s TOM M 0 10 �'� 101= U ' F 4. Location of Wells /Well Sites and Ownership within 100 feet of Property There are two wells within the approximate area of the site. One registered to a Patricia G. Fitzpatrick of 5315 W. Tangerine Rd, Marana, Arizona and another registered to William and Wada Shaner of 5255 W. Tangerine Rd, Marana Arizona. Both wells are for residential use. Both wells are general depicted on the attached Map I -A.4, Location of Wells Map. Marana Council Meeting 01/20/2015 Page 116 of 278 � IN w :3 CD CD C) N) C) C) Al 1208 a 81 � 4 b Feet m F-I F-I Cl) F-I 0 > n > 0 z 0 F-I 1208 a 81 � 4 b Feet 6. TOPOGRAPHY The property is relatively flat and slopes from the northeast to the southwest at approximately 3.0 percent. The topographic conditions are depicted on Map I -13.1, Topography Map. Additional information is provided below: • The property is not subject to any hillside conservation requirements. • There are no rock outcrops on the properties. • There are no slopes of 15% or greater on the properties. • There are no significant topographic features and the property remains in natural state. Marana Council Meeting 01/20/2015 Page 118 of 278 ■ • • ■ ► Oe WN 4 lot M J d1i ES j + ' J�, Al + p 1A � y � uY w TT �ry�c• i+F M w } Al', fir. L r " '' y• t ; i, dO do SO Y - I - i • e s _ 4 Y a "N p , i 41 All ■i 1 R a. ( ~.+ • M »� a r 'I� 7' '1 " IA' I i ii ',��? .'T 'M " T A T 1RIF 1 Y - .45 4w r " x• Ix a 5 . �, �' r qq r w _gip u fit Ir ir " M a. P _re • , ' _„ ate. , - ii h , } y M V►'° W" r ' I �J Wdo Le ' IM M Pot �u ~ M . Project Site Bo undar y w; - `' ... w ems• s All Existing M Contours � M tsv C . ~ _— Existing Minor Contour .,r 41 P 2� .M IF 0 D ,� � , '` � '' ". • •'''� I, '° " fit ' . y * � 1 50 300 N:107�02473010el Posts I Ito ra h ma .mxd Ft 5 -Feet Contour Data from Pima County GIS Department, 2008 Figure 1 Topography M Background Image Esri Maps and Data 201 C. HYDROLOGY The rezoning area is not affected by any offsite watersheds because similarly to the subject property, the surrounding areas slope from the northeast to the southwest at approximately 3.0 percent. According to the Topography Map and the Pima County GIS Maps, there are no washes entering and /or existing on the property. There is an existing offsite watershed to the east of the subject property as depicted on Map I -C.2, Flood Insurance Rate Map. This offsite watershed should be considered and evaluated as part of any future drainage report. The existing development located in the northeast corner of Tangerine Road and Dove Mountain Boulevard conveys the off -site runoff south across Tangerine Road and enters an existing watershed (referenced above) located approximately 270 feet east of the property. Additionally, there are no localized offsite watersheds with a 100 year discharge greater than or equal to 100 cfs that affect the subject property. The on -site runoff generally sheet flows with shallow depths of flow. There are no on -site washes which generate a 100 year discharge greater than or equal to 50 cfs. Along the downstream property boundary, the on -site runoff travels south parallel to Twin Peaks Road and then exits the property along the southern property boundary. In addition, the property is not affected by a FEMA Special Flood Hazard Area. The Pima County Arizona and Unincorporated Areas Flood Insurance Rate Map (FIRM) Panel No. 04019C1065L, dated June 16, 2011 indicates the site falls within Zone X. Zone X is defined by FEMA as an area outside of the 0.2% annual chance flood. See Map I -C.2, Flood Insurance Rate Map. As there is no development plan being submitted at the present time, it is unknown how future development may impact drainage upstream and downstream. In addition, it is unknown what engineering and design features will be used to address such impacts, if any. As a result, a more detailed engineering response will be prepared and compiled at the point of development and in conjunction with the submission of a development plan with the Town of Marana. Marana Council Meeting 01/20/2015 Page 120 of 278 i c 1 I IYY 1 IM #� Oft WA w P r µ � - an u-w fps, 0 1. Its f' � 1 - aA � f �' $ � � � - •� ",�� +�''' , i 0 - - # . s [E ETH ■ � I IR s r 9 , 0_ r if E ► , FP's -� � _ i r ... : a y PANEL 1 06L IN * ,_ � _ + I i .. . ,. R t 1 '" � � MIFw I '*# � 'i x r FIR _ iMw y :. 1 . a'M� r a - ' 1 I i !� -- - w ..'"� M ' N G E R[r y • " * ��.. FLOOD INSURANCE MATE MAP -- _ me-i 7 1 7 1 . L� 1 ■�,YI ''" ■�7 #Y�� • , , I ` e L ■ 1 T i. a C U L � 1 1 "..�� � , P , ARIZONA A ND I N C6} f`OW�TED .XRf, A - :fir*' � „ . ,.•� . .� � � t i Y 4 . : r 1 ,.. , • ' � `71u w _ ` l !� � el 'L Ft °" vy4 FI I T ' k i r , - "` PANEL 1065 F 475 µ, ,� Y Y � = 4 x ,� _� + E l� t r�EMPI�ID}{ � FOR FIFA P�IVELL,���UTi byi �" , � ' tlF ` '9RI • ry li �71 LA It AN C0W7AIf4: %* Ir T L �L`�Fif4lUGtirIT7 WIf 6ER PANEL :3IJFFI;■ r I r w r r+ ' i % . l r e * � * 1 1 ; e — fop r �4 �rl w � �t�I, OL JI ' t , , OF I to ?i i 1 �� r �,. u 3 r► t i, t i P . "' r + 7� �,' PP i ■ f TRTff J1 .. i � I - � ! ■ y FA r r 7 I t Nu�rnber fiR0` Al Gael Q'' h' dpi his y _ us� . J wwhtr1 r1�Al► IYU Iry 13Ydars: three {io11711'Imil Num"r 4 " ~ � S.Wv �1 aba%Q sh L6 d � $ IJSI+2#� I Il I f l54ffi�P1G° :I II�]II '�borfb flel 119E+ „ � � r l� ,. � � � k+ y y � � " � �- S41GC C:r1711141 IC} 1 . y . ' a a l ' � � Ir � � '4F � �� , + >, � ; yti., ■ ' � �, �' ,M a „� g r.' � � _ �' r eFLF . �.� �' �! it< MAP NUMBER � � � � r -�� # .� �� .� # a ~ . I ti Y 1 _. �' �.' '+�I Y n �' • * J _'Y,�'a = R yam, N 45 yy F ly y u ' I " • * i:/ Y ` •,, +J •�' P y i •� - i .. 'e R 4 ;. qa X . 4 .' " W. i 1 i- 1 • �t_ r�,i, •�. # E a� I� MAP REVISED � -, � , A � � � " ,� � � e ,� � � x �• � �'.I � r +Y .' I� t - Ir a 4 A 1 �• , _ �, * + ` r # P 3 w ' s JU NE 1 20 j � "` * } �' k �* .« r F - _ , it I ,117f�M q � ~ �. � e r 6 � In- ,Ix j ., � �, - ,� ,a r.ry n K - � � •nF.t�; � "� p. ,�. Fe der aI Fin rg uc � ' hna ill �iffeIn , . � ate. � � .+ �,� � Y � F; 4 0 , .„ �L +, ' i , ` ,# y: i # r•� 'fit ,. ~ " �" P! • - w * �... a . ■ y� r _ +.p a : [ 10 , a , � ,* p IF ❑ � J� � # # � � �. '.., i r +�' i•iF� to + I� * M � + ' �' -: S IR "R , - ! A - � � .. - 77Rk � � I f C r i ■ � y� �k O Legend i Jz ° 1M• , D ` P roject Site Boundary r "r � �„ , t _ , F At i o k ,i Rte` W1111=11401 ' � *r' 116 0 � Z \M0 47301IDel Pos#\ 11�I" IRM Map.m ° ,' "�' r , -""t 4'`' !', `' + P. (/� ! o1 .. . . , - w. file Wr Land Use: Pima County GIS Map Fl � ns ra n ce F ate a Back round Irna e: Esri M a s and Data 201 �� re 1 Z I� L-1 M D. VEGETATION The site generally consists of natural desert vegetation, primarily Mesquite, Palo Verde, Saguaro Cacti, cholla cactus (cylindropuntia fulgida), prickly pear cactus (opuntia) and creosote bush. The only Federally listed threatened or endangered species is the Saguaro Cacti. The density of the onsite vegetation is medium as is depicted in Map I -D.1, Vegetation Map. No areas are designated as high- density vegetation. Marana Council Meeting 01/20/2015 Page 122 of 278 4fE A # .0. Q :� , ; r ,�. t # r A 111X + # , _ i n., ♦ ., • ' M1+A V « - * „ a..- .lr::r.. _, _ o IR. I e # ai �. y 1 ' ' F ` *. r " r 4. A. M I r M µ ` r { fS ►' IN 1#7 w 1 ■ c « � � _. , � � �' 9F N !. - - , :� � 4 � � � � �'4.►i \: } �4, >•� �.,N � •: r I � � .�Ih � , ' * � y 4 CAI # ♦ r V !, e e w 4 Y,� '' iNa *! t IJ' !' a '�_ ■ k p� f Y '�`:. #i, f ., X � t �' , fx. N # . "4 k. r I r. -T_ - - a , i + 7 I, « MON r _ , It A 4 r* 4 41_1 � # ' F ' w SL - y A►' N „ .,� R w t11 CAI[ � ,. ' p # T*np„ r 7u ..„ ^F ., a it a, ,—f k IF T y " ', ".:?, Jk. ■ "�. ,, . + +. ° �i =.+ ' ,`s "91'" c '* ° " .+i b e '1'�' •� a F' e# . _. ' r. ,,. .. .il_C. X u ��w • j. #, Y a 4 4 y �yrw * •* y a „ { , pit 4 .49 7 r . { x I AD t rwe i ri s ' # i' '� " ''� F f; y Ok s #' # Y i, C a� ' . � �'� � � � � � �` # �,+ r� " w r . ', �' 7• .# Ry , I. �' �, � ■ � ;.. �!�>� F ' a �, i �. a # . ice , „" do 4 F 1 yy� « "A v „ �' I ... ,ry '� y ;., d, "alr•�mey - .I.. 4 e ' _ ' i'. M y ,# A . 'fir 7 '� a � f t � ` �ip� •r ��' '�, I �' � y I� �' � . 11 f7'•p M1 , : I III 0 t �I � . .,1 r e e • �• •; k,� 1` F ,' ^'(may I +* Yr+n�y. # WIT Y< ' or v 6 a . *, a #- k ii T^ A • ,•"''1 F �' '. .. II. « " cif - y ^4 s - � "«I.� , j e , � • p : .� • y , x , Pro 10 �,& *01 Y . . I A I V4W Ilk ;01 14 0 Le - �7y� 1 % P * w i d� + 10 V I , Ve : . �.. Saguaro 4 " • ' w i * +E rn T F ^ v 'gip) « I� ■ ■■ 8 4L 1, 471 - r F k t w �� , Y 0. 10 0 200 1�:�MO247301`0el PostkGISNegetation M p.mxd , `�' - , Feet V F eMa Background Image: E Maps and Data, 2012 zqqq E. WILDLIFE The Town of Marana has exhausted significant efforts to develop a Draft Habitat Conservation Plan (HCP) designed to protect wildlife in the Town while balancing the property rights and commercial interests of Ma ra na's residents and businesses. The site is included within the Planning Area of the Town's HCP. However, the HCP does not identify any riparian habitat, aquatic habitat, existing wildlife corridors, or proposed wildlife corridors on the site. Additionally, the site is not located within the HCP Conservation Zones and Wildlife Linkages. The HCP further identifies the site as Commercial. See Draft Environmental Impact Statement for the Town of Marana Habitat Conservation Plan, March 2009. See Map I -E.1, Draft HCP Conservation Zones & Wildlife Linkages. The Arizona Game and Fish Departments Arizona On -Line Environmental Review Tool has been accessed and current records indicate the presence of no listed threatened or endangered species in the project vicinity within a 3 mile radius. That same report does indicate Special Status Species Occurrences of six (6) special status species within 3 miles of the project area. See I -E.2, Arizona's On- line Environmental Tool. All proposed commercial development for the rezoning area will be subject to review and approval of a development plan by the Town of Marana. Such review will include a biological review by the Environmental Engineering Division and requirements, if any, will be determined at that time. Marana Council Meeting 01/20/2015 Page 124 of 278 i . 1 '4 f 4-. W _ 1. ,. - .4: W - -W PIMA COUNTY {' T �• � _ � 3 °� '{ a 'I r ' +�;r iiip•FFF� =.ti I I f 4 k \ PRESERVE k h .. p r,r �• ,�• d . Rezone /Site Location p I I L I e J ❑ - Y lam• Cn P IL' Z ❑ ` l • Z : O ❑ f. Z ❑ IF Cn CIO`) �� rlf • 1 rn I rn M06v w, MAR ANA Figure 4.1 HCP Conservation Zones and Wildlife Linkages Background Imagery: July 2010 NAIP Aerial Photography File: U: \PW_Environmental \HCP\ 2011 \12 15 08 for CH\ Figure 4.1 HCP Conservation Zones and Wildlife Linkages.mxd © 7 -11 Town of Marana N %,I WC / \�,�E zt S 0 0.5 1 2 3 Miles Zone 1 Zone 2 Zone 3 Proposed Corridors °•••••••••' Existing Corridors Washes Marana Town Limits HCP Planning Area County Line Background Imagery: July 2010 NAIP Aerial Photography File: U: \PW_Environmental \HCP\ 2011 \12 15 08 for CH\ Figure 4.1 HCP Conservation Zones and Wildlife Linkages.mxd © 7 -11 Town of Marana N %,I WC / \�,�E zt S 0 0.5 1 2 3 Miles Oz � O M B F-1 ;a 0 z M 0 zz D F-1 ;a o M Z F-1 F m * m Arizona's On-line Environmental Review Tool Search III: 21 0 1409 02 024400 Pr(�Ject Name: TRH` Twin Pcaks, LLC Date. 9/2/2014 12.31:49 PM Project Location Project Name: TI P Twin Peaks, LLC Submitted B Del Post On behalf of: CONSULTING Pro Search ID: 20140 0202 0 Date: 9/2/2014 12:31.43 PM Project Cate Development Within Municipalities (Urban Growth Commercial/industrial (mail) and associated infrastructure, New construction Pro Coordinates (UTM on 12-NAD 83): 492492.890, 3587402.405 meter Pro Area: 3.395 acres Pro ect Perimeter: 531,77 8 meter Count PIMA USGS 7.5 Minute Quadran ID: 1683 Quadran Name: RUELAS CANYON Project localit is currentl bein scoped Location Accurac Disclaimer Project locations are assumed to be both precise and accurate for the purposes of environmental review. The creator /owner of the Pro Review Receipt is solel responsible for the pro location and thus the correctness of the Pro Review Receipt content. The Department appreciates the opportunit to provide in-depth comments and pro review when additional information or environmental documentation becomes available. Special Status Species Occurrences/Critical Habitat/Tribal Lands within 3 miles of Pro Vicinit Name Common Name FWS US FS BL M State A chr Golden Ea BGA S G31,'1LA.'1d1U1T1 brasilianum cactorurn fo SC S S VVSC Gupherus niorafkal Sonoran Desert Tortoise C" S RUELA y 7 0 74— N r 1. S T144 N I%# Project Name: TI P Twin Peaks, LLC Submitted B Del Post On behalf of: CONSULTING Pro Search ID: 20140 0202 0 Date: 9/2/2014 12:31.43 PM Project Cate Development Within Municipalities (Urban Growth Commercial/industrial (mail) and associated infrastructure, New construction Pro Coordinates (UTM on 12-NAD 83): 492492.890, 3587402.405 meter Pro Area: 3.395 acres Pro ect Perimeter: 531,77 8 meter Count PIMA USGS 7.5 Minute Quadran ID: 1683 Quadran Name: RUELAS CANYON Project localit is currentl bein scoped Location Accurac Disclaimer Project locations are assumed to be both precise and accurate for the purposes of environmental review. The creator /owner of the Pro Review Receipt is solel responsible for the pro location and thus the correctness of the Pro Review Receipt content. The Department appreciates the opportunit to provide in-depth comments and pro review when additional information or environmental documentation becomes available. Special Status Species Occurrences/Critical Habitat/Tribal Lands within 3 miles of Pro Vicinit Name Common Name FWS US FS BL M State A chr Golden Ea BGA S G31,'1LA.'1d1U1T1 brasilianum cactorurn Cactus Ferru P SC S S VVSC Gupherus niorafkal Sonoran Desert Tortoise C" S Tucson - Tortolila - Santa Catalina Mouniains Linka Desi Wildlife Corridor IT urnamoca macdou Tumamoc GlobebLn(FY S R Pa 1 of 7 APPLICATION INITIALS: T 0) ED (D 0 h 00 Arizona's On-line Environmental Review Tool Search ID: 2014090.2-024400 PrO Name: TRP Twin Peaks, LLC Datc-, 9/2/'2014 1,2-31:49 PM Please review the entire receipt for project t recommendations and/or species or location information and retain a cop for future reference. If an of the information y ou provided did not accuratel reflect this project, or if pro plans chan another review should be conducted, as this determination ma not be valid. Arizona's On-line Environmental Review Tool: 1. This On-iine Environmental Review Tool in has g enerated recommendations re the potential impacts of y our pro on Special Status Species (SSS and other wildlife of Arizona. SSS include all U.S. Fish and Wildlife Service federall listed, U.S. Bureau of Land Mana sensitive, U.S. Forest Service sensitive, and Arizona Game and Fish Department (Department reco species of concern. 2. These recommendations have been made b the Department, under authorit of Arizona Revised Statutes Title 5 ( Amusements and Sports 17 (Game and Fish and 28 ( Transportation). These recommendations are preliminar in scope, desi to provide earl considerations for all species of wildlife, pertinent to the project t y ou entered. 3. This receipt, g enerated b the automated On-line Environmental Review Tool does not constitute an official project review b Department biolo and planners. Further coordination ma be necessar as appropriate under the National Environmental Polic Act ( NEPA) and/or the Endan Species Act ( ESA ) . The U.S. Fish and Wildlife Service (USFWS) has re authorit over all federall listed species under the ESA_ Contact USFWS Ecolo Services Offices: http://arizonaes.fws. Phoenix Main Office ,2321 W, Ro Palm Road, Suite 103 Phoenix, AZ 85021 Phone 602-242-0210 Fax 602-242-2513 Tucson Sub-Office 201 North Bonita, Suite 141 Tucson, AZ 85745 Phone 520-670-6144 Fax 520-670-6154 Fla Sub - office 323 N. Leroux Street, Suite 101 Fla AZ 86001 Phone 928-226-0614 Fax 928-226-1099 Disclaimer: 1. This is a preliminar environmental screenin tool. It is not a substitute for the potential knowled g ained b havin a bioio conduct afield surve of the pro area. 2. The Department's Herita Data Mana S ( HDIVIS) data is not intended to include potential distribution of special status species. Arizona is lar and diverse with plants, animals, and environmental conditions that are ever chan Conse man areas ma contain species that biolo do not know about or species previousl noted in a particular area ma no lon occur there. 3. Not all of Arizona has been surve for special status species, and surve that have been conducted have varied g reatl y in scope and intensit Such surve ma reveal previousl undocumented population of species of special concern, 4. HDMS data contains information about species occurrences that have actuall been reported to the Department. Arizona Game and Fish Department Mission To conserve, enhance, and restore Arizona's diverse wildlife resources and habitats throu a protection and Pa 2 of 7 APPLICATION INITIALS: T 0) ED (D 00 0 h 00 An'zona's On-line Enviromiiental Review Tool Search ID: 201409021024400 Pro Mime: T Twin Peaks. LLC Date- 9/2./2014 12-31-49 PM mana pro g rams, and to provide wildlife resources and safe watercraft and off-hi vehicle recreation for the 0 en appreciation, and use b present and future g enerations. Project Cate Development Within Municipalities (Urban Growth),Commerciallindustrial (mail) and associated infrastructure,New construction Pro T Recommendations- Based on the project t entered-, coordination with Arizona Department of Environmental Qualit ma be re (http://www.azde Based on the project t entered; coordination with Arizona Department of Water Resources ma be re (http://www.water-az. Based on the project t entered; coordination with Count Flood Control districts ma be re Based on the project t entered: coordination with State Historic Preservation Office ma be re http,l/azstateparks.com/SHPO/index.htmI Based on the project t entered; coordination with U.S. Arm Corps of En ma be re (http://www.sp1.usace.arm Communities can activel support the sustainabilit and mobilit of wildlife b incorporatin wildlife plannin into their re plans, their re transportation plans, and their open space/conservation land s pro An effective approach to wildlife plannin be with the identification of the wildlife resources in need of protection, an assessment of important habitat blocks and connective corridors, and the incorporation of these critical wildlife components into the communit plans and pro Communit planners should identif open spaces and habitat blocks that can be maintained in their area, and the necessar connections between those blocks to be preserved or protected. Communit planners should also work with State and local transportation plannin entities, and planners from other communities, to foster coordination and cooperation in developin compatible development plans to ensure wildlife habitat connectivit The Department P s g uidelines for incorporatin wildlife considerations into communit plannin and developments can be found at http-//www.az Development plans should provide for open natural space for wildlife movement, while also minimizin the potential for wildlife-human interactions throu desi features. Please contact Pro Evaluation Pro for more information on livin with urban wildlife. Durin plannin and construction, minimize potential introduction or spread of exotic invasive species. Invasive species can be plants, animals (exotic snails), and other or (e. microbes), which ma cause alteration to ecolo functions or compete with or pre upon native species and can cause social impacts (e. livestock fora reduction, increase wildfire risk The terms noxious weed or invasive plants are often used interchan Precautions should be taken to wash all e utilized in the pro activities before and after pro activities to reduce the spread of invasive species. Arizona has noxious weed re ( Arizona Revised Statutes, Rules R34-244 and R34-245). See Arizona Department of A Pa 3 of 7 APPLICATION INITIALS: � � � ED � � 00 Arizona On-line Eovirmuniental Review Tool Search ID: 20140902024400 Twin Peaks, Ll[ Date: 9/2/2014 12:31:49 PM webaite for restr plants http://www.azda.gov/PSD/quarantine5.htm. Additiona the U.S. Department of Agriculture has information regarding pest and invasive plant control methods including: pestioide, herbdda, biological control agents, and mechanical oontnz| http://www.usda.gov/wps The Department regulates the impodaUon. purchasing, and transportation of wildlife and fish (Restricted Live VN1d|ife). please refer to the hunting regulations for furtherinfonnationhttp://www.azgfd.gov/h17hunting_m|as.shtrni During the planning stages of your projec please consider the local or regional needs of wildlife in regards iomovoment,connacUvib/.ond access io habitat needs. Loss of this permeability prevents wildlife from accessing resources, finding mates, reduces gene flow, prevents wildlife from re-colonizing areas where local extirpations may have occurred, and ultimately prevents wildlife from contributing to ecosystem functions, such ao pollination, seed dispersal, control of prey numbers, and resistance to invasive species. (n many cases, streams and washes provide natural movement corridors for wildlife and should be maintained in their natural state. Uplands also support large diversity of species, and should be contained within important wildlife movement corridors. In oddiUon, maintaining biodiversi1y and ecosystem functions can be facilitated through improving designs of structures, fences ' roadways, and culverts 10 promote passage for a variet of wildlife. Minimizat and mitigation of impacts to wild and fish species due to changes in water quality, quantity, chemistry, temperature, and alteration to flow regimes (timing. magnitude, duration. and frequency of floods) should be evaluated. N1m/m/zo impacts to springs, in-stream flow, and consider irrigation improvements 10 decrease water use. |f dredging ina project component, consider timing of the project )norder ,o minimize impacts to spawning fish and other aquatic species (including spawning seasons). and to reduce spread of exotic invasive species. VVe recommend early direct coordination with Project Evaluation Program for projects that could impact water resources, wetlands, streams, springs, and/or riparian habitats. Planning consider impacts of lighting intensity on mammals and birds and develop measures or alternatives that can bo taken toincrease human safety while minimizing potential impacts to wildlife. Conduct wildlife surveys to determine spec within project area, and evaluate proposed activities based on species biology and natural history io determine if artificial lighting may disrupt behavior patterns orhabitat use. The Department recommends that wildlife surveys are conducted io determine ifnoise-sensitive species occur within the pro area. Avoidance or minimization measures could include conducting project activities outside of breedin seasons. The Department requests further coordination toprovide project/spec specific recommendations, please contact Project Evaluation Pro directl Trenches should bs covered or back-filled aaaoonaspossb|e. Incorporate escape ramps in ditches or fencing along the perimeter to deter small mammals and horpk*fauna(mnokos. lizards, tortoise) from entering ditches. Project Location and/or Species recommendations: Heritage Data Management System records indicate that one ormore listed, proposed, or candidate species or Critical Habitat (Designated or Proposed) have been documented in the vicinity of your project (refer to page 1 of the receipt). Please contact Ecological Services Office US Fish and Wildlife Service 2321 yy. Royal Palm Rd. Phoenix, AZ85O21-4951 Phone: 602-242-0210 Pa 4 of 7 APPLICATION INITIALS: Arizona's On-hiie Eiivironmental Review Tool Search ID- 20140902024400 Pr' I cct Name: T Twin Peaks, LLB' Date: 9/2012014 12;31 :4 .P Fax: 602-242-2513 Herita Data Mana S records indicate that one or more native plants listed on the Arizona Native Plant Law and Anti Act have been documented within the vicinit of y our project area (refer to pa 1 of the receipt). Please contact: Arizona Department of A 1688 W Adams Phoenix, AZ 85007 Phone: 602-542-4373 HDMS records indicate y our project is in or near an identified wildlife habitat linka corridor. Project plannin and implementation efforts should focus on maintainin ade opportunities for wildlife permeabilit For information on the linka assessment and wildlife species that ma be affected refer to. http-://www.corridordesi Contact y our Arizona Game and Fish Department Re Office for specific pro recommendations: http://www.az Terms of Use T W ED CD --.I. co CD 0 �h Recommendations Disclaimer: 1. Potential impacts to fish and wildlife resources ma be minimized or avoided b the recommendations g enerated from information submitted for y our proposed project. 2, These recommendations are proposed actions or g uidelines to be considered durin preliminar project development. 3. Additional site specific recommendations ma be proposed durin further NEPA/ESA anal or throu coordination with affected a 4. Makin this information directl available does not substitute for the Department's review of pro proposals, and should not decrease our opportunit to review and evaluate additional pro information and/or new project proposals. 5. The Department is interested in the conservation of all fish and wildlife resources, includin those Special Status Species listed on this receipt, and those that ma have not been documented within the pro vicinit as well as other g ame and nori wildlife. 6. Further coordination re the submittal of this initialed and si Environmental Review Receipt with a cover letter and project plans or documentation that includes project narrative, acrea to be impacted, how construction or project activit are to be accomplished, and pro localit information (includin site map 7. Upon receivin information b AZGFD, please allow 30 da for completion of pro reviews. Mail re to* Project Evaluation Pro Habitat Branch Arizona Game and Fish Department 5000 West Carefree Hi Phoenix, Arizona 85086-5000 Phone Number: (623) 236-7600 Fax Number: (623 236-7366 B usin this site, y ou acknowled that y ou have read and understand the terms of use. Department staff ma revise these terms periodicall If y ou continue to use our website after we post chan to these terms, it will mean that y ou accept such chan If at an time y ou do not wish to accept the Terms, y ou ma choose not to use the website. This Environmental Review and pro plannin website was developed and intended for the purpose of screenin pro for potential impacts on resources of special concern. B indicatin y our a to the terms of use for this wel site. y ou warrant that y ou will not use this website for an other purpose. 2. Unauthorized attempts to upload information or chan information on this website are strictl prohibited and ma be punishable under the Pa 5 of 7 APPLICATION INITIALS: Afizoiia's Oii -line Elivironiiiental Review Tool Scareli ID. 20140902024400 Pr( Name: TRP Tw1in Peaks, LLC Date. 9/2/2014 12:31:49 PM Computer Fraud and Abuse Act of 1986 and/or the National Information Infrastructure Protection Act . 3. The Department reserves the ri at an time, without notice, to enhance, modif alter, or suspend the website and to terminate or restrict y our access to the website. 4. This Environmental Review is based on the project stud area that was entered. The review must be redone if the project stud area, location, or the t of pro chan If additional information becomes available, this review ma need to be reconsidered. 5. A si and initialed cop of the Environmental Review Receipt indicates that the entire receipt has been read b the si of the Environmental Review Receipt. Securit T W ED (D --.I. 0 �h The Environmental Review and pro plannin web application operates on a complex State computer s This s is monitored to ensure proper operation, to verif the functionin of applicable securit features, and for other like purposes. An usin this s expressl consents to such monitorin and is advised that if such monitorin reveals possible evidence of criminal activit s personnel ma provide the evidence of such monitorin to law enforcement officials. Unauthorized attempts to upload or chan information to defeat or circumvent securit measures; or to utilize this s for other than its intended purposes are prohibited. This website maintains a record of each environmental review search result as well as all contact information. This information is maintained for internal trackin purposes. Information collected in this application will not be shared outside of the purposes of the Department. Print this Environmental Review Receipt usin y our Internet browser's print function and keep it for y our records. Si of this receipt indicates the si has read and understands the information provided. Si Date - Proposed Date of Implementation- Please provide point of contact information re this Environmental Review. Application or or responsible for project impletnentation A Contact Name- Add ress: If the Environmental Review Receipt and supportin material are not mailed to the Department or other appropriate a within six (6 months of the Pro Review Receipt date, the receipt is considered to Cit State, Zip: be null and void, and a new review must be initiated_ Pa 6 of 7 APPLICATION INITIALS: An"zona's On-line Environmental Review Tool Search ID- 20140902024400 Project Name: TRP Twin Peaks, LLC Date: 9/2/2014 12-31:49 PM 0 Phone: rn E-mail: rn cn Person Conductin Search (if not applicant) A Contact Name: Address-, Cit State, Zip- Phone- E-mail- Pa 7 of 7 APPLICATION INITIALS: F. VIEWSHEDS Views onto and across the subject properties from adjacent properties are mapped on Map I -11, McHarg Composite Map. There are views to the north of the Tortolita Mountains. There are also somewhat obstructed views to the east of the Catalina Mountains. There are views to the south and southwest of the Tucson Mountains and a view to the west of the Silverbell Mountains. G. TRAFFIC The property is located at the intersection of Tangerine Road to the north and Twin Peaks Road to the east. Tangerine Road is an arterial roadway as designated by the Town of Marana Major Routes Rights of Way Plan. Twin Peaks is also an arterial roadway as designated by the Town of Marana Major Routes Rights of Way Plan. The site is bounded to the south by a local street named W. Hollywood Blvd, which intersects (not signalized) with Twin Peaks Road at the southwest corner of the site. Access to the site is presently through W. Hollywood Blvd. There are no proposed off -site streets between the site and the arterial streets. Tangerine Road Tangerine Road is an arterial roadway owned by the Town of Marana. The existing right of way near the site is 125 feet. With the assistance of the Pima Association of Governments (PAG) and the Regional Transportation Authority (RTA), the Town of Marana is currently planning to widen and improve Tangerine Road from the Town's most eastern municipal limits (just east of Thornydale Road) west to I -10. After the project is complete, the Town's right of way on Tangerine Road will be 350 feet as reflected in the Town of Marana Major Routes Plan. With this rezone request, the owner understands the Town will require a dedication of approximately 125 feet to the Town of Marana of additional right of way along Tangerine Road as a condition of this rezoning. Tangerine Road contains one lane of travel in each direction. The capacity of the roadway, at level of service (LOS) D, is approximately 35,820 trips per day. The posted speed limit through the rezoning area is 45 miles per hour, and the design speed is 50 miles per hour. The Pima Association of Governments traffic volumes map indicates that there are approximately 6,322 average daily trips (ADTfs) along Tangerine Rd. between I -10 and Twin Peaks Road. There is presently no access to the site from Tangerine Road. Although there are no roadway improvements being proposed at the present time, the owner will agree to make reasonable improvements required of the Town of Marana upon development. There presently are no bicycle or pedestrian paths along Tangerine Road adjacent to the site but such paths are planned with the widening of Tangerine Road. Marana Council Meeting 01/20/2015 Page 133 of 278 Twin Peaks Road Twin Peaks Road is an arterial roadway owned by the Town of Marana. Twin Peaks is aligned north /south and extends south to I -10. Twin Peaks Road turns into Dove Mountain Blvd. north of Tangerine Road. The existing right of way is 150 feet and it is not anticipated that the Town will require further right of away dedication from the owner. Twin Peaks Road contains two travel lanes in each direction separated by a raised landscaped median. Both sides of the road in the vicinity of the rezoning area include multi -use lanes, vertical curb and a concrete sidewalk. The capacity of the roadway, at level of service (LOS) D, is approximately 35,820 trips per day. The posted speed limit through the rezoning area is 45 miles per hour, and the design speed is 50 miles per hour. The Pima Association of Governments traffic volumes map indicates that there are approximately 7,197 average daily trips (ADT"s) along Twin Peaks Road between I -10 and Tangerine Road. At the present time, the site has physical access from the paved surface of W. Hollywood Blvd. Although there are no roadway improvements being proposed at the present time, the applicant will agree to make reasonable improvements required of the Town of Marana upon development. There is a multi -use path on the west side of Twin Peaks and a pedestrian sidewalk along the east side. The path and sidewalks provide connectivity to the Town of Marana's system of parks, trails and paths maintained by the Parks and Recreation Department. H. RECREATION AND TRAILS There is a small Neighborhood park located to the north of the site within the Dove Mountain Specific Plan area called Dove Mountain Park. Dove Mountain Park is a Neighborhood Park maintained by the Dove Mountain Home Owners Association. Additionally, there is a small private park located in the Dove Mountain Preserve Subdivision, on W. New Shadow Way. There are no existing paths or trails along Tangerine Road. Twin Peaks Road is bounded on the west by a multi -use trail that extends from I -10 north to Tangerine Road. There is also a pedestrian sidewalk along the east side of Twin Peaks Road immediately adjacent to the site which also extends from I -10 north to Tangerine Road. The path and park described above are depicted on Map I -H.1, Recreation and Trails Map. Additionally, Map I -H.1 depicts the Town of Marana's proposed trails which are signified by a pink- dashed line on the map. The Town of Marana is planning to construct a Regional Park planned near the intersection of Tangerine Road and Camino De Marana, which is approximately 1.4 miles to the east of the rezoning site. Marana Council Meeting 01/20/2015 Page 134 of 278 1 N - N O f■ C � One Mile Radius from Site Location A� �raR T O F RM1 a LiND4 I. CULTURAL /ARCHAEOLOGICAL /HISTORIC RESOURCES Previous Cultural Resources reviews have been performed in areas around the site in connection with the Town's construction of Twin Peaks Road in 2010, and in preparation for the Town's Capital Improvement Program project of reconstructing Tangerine Road due to commence in 2016. There is no development plan being submitted with this rezone request, and, at the present time, the owner does not presently contemplate any specific development project on the site. Accordingly, because no development is taking place in conjunction with this rezone application, an archaeological letter and cultural resources survey is not being submitted at the present time. An archaeological letter and cultural resources survey will be performed and submitted to the Town of Marana prior to or during any future development review process concerning the site. 31 MCHARG COMPOSITE MAP The McHarg Composite has been created to graphically integrate characteristics of the site, including topography, hydrology, vegetation, and visibility. See Map I- J.1, McHarg Composite Map. Marana Council Meeting 01/20/2015 Page 136 of 278 F-1 0 mv F] 0 U) F-1 F I > \0247301XDe1—Post\G1SXMcHar Composite Map.mxd > M H g Co po-site Map MU -- ' / Project Site Boundary Existing Maj Contouna | � ~= ------' Existing Minor Contours l Vegetation Mesquite and Palo Verde Saguaro Visibility HighVisivU{tv /' MediumVleiv|Uty FEMA Zones AO 0 100 200 Feet 5-Feet Contour Data from Pima Count GIS Department, 2008 Back Ima Esri Maps and Data, 2012 1 111 PART II - LAND USE PROPOSAL A. PROJECT OVERVIEW The rezoning area is located at the highly traveled intersection of Twin Peaks Road and Tangerine Road. The site borders the large residential community of Dove Mountain and the Town anticipates significant future residential and commercial growth in the surrounding area. The Town's General Plan identifies the site - and immediately surrounding areas - as Commercial. The owner desires to change the current zoning of "C" Large Lot to a Neighborhood Commercial zoning designation in order to accommodate future commercial development on the site. While the owner has not identified a specific use or created a development plan, the owner believes the site is well positioned and suited for commercial uses such as banks, drug stores, medical and dental offices, restaurants, convenience stores, gas stations, and other small scale retail uses, all of which would be supported by the Neighborhood Commercial zoning designation. All necessary engineering and site planning work will be addressed through development plan and improvement plan processes in accordance with the Town of Marana regulations at the time of proposed development. All required studies and reports including drainage, traffic, and archaeology will be performed during the development review process as required by the Town of Marana. As noted above, the proposed rezoning is in conformance with the Land Use Plan within the Marana 2010 General Plan, which designates this area as Commercial. B. TENTATIVE DEVELOPMENT PLAN A tentative development plan is not included with this rezone application. The existing property owner will leave the site in its current condition as an undeveloped and vacant parcel until arrangements are made to develop the property commercially. At the present time, the owner does not anticipate that a development plan will be immediately forthcoming. Rather, the development plan will be deferred until development conditions are more favorable and the owner and /or developer is able to secure physical access to sewer infrastructure. The gross area of the rezoning area is 142,115 square feet or approximately 3.262 Acres. Any future development proposed for the site will be required to adhere to all Town of Marana regulations including such development standards as: Intensity Standards: o Minimum site size: none, except that 1 acre per free standing pad use is required. Marana Council Meeting 01/20/2015 Page 138 of 278 o Maximum Site Size: 15 acres. o Floor Area Ratio: The combined floor area ratio for all principal buildings, together with all accessory building, shall not exceed .5. o Maximum lot coverage: The total ground area occupied by all buildings shall not exceed thirty -five percent of the lot. Site Development Standards: o Street Set Back: minimum 20 feet from any street lot line. o Side and Rear Yard Setback: minimum of 20 feet from any side or rear lot line; o Special Buffer adjacent to Residential Areas: along any property line either used or planned for residential use, a buffer area shall be provided which shall be at least twenty -five (25) feet in depth, measured from the property line. o Building Height: No principal building shall exceed thirty (30) feet in height; no accessory building or other structure shall exceed twenty -five (25) feet in height. Access and Traffic Control: o All Access and Traffic Control standards and requirements contained in Section 05.11.02 (Neighborhood Commercial) of the Town of Marana Land Development Code, Pima County Subdivision and Development Street Standards, and other applicable engineering manuals and criteria. Additionally, all commercial development proposed for this site will be subject to the Marana Commercial Design Standards, as defined in Section 08.07 of The Town of Marana Land Development Code. C. EXISTING LAND USES Map II -C.1, Rezoning Area Map, depicts the boundaries of the zoning designation within and adjacent to the rezoning area. Map I -A.2, Boundary /Existing Land Use Map, depicts the existing land uses on the surrounding properties. The Rezoning Area measures 3.262 acres and contains one parcel. The uses permitted by this rezone are consistent with the Town of Marana's General Plan, Economic Road Map, and Strategic Plan. These important planning documents all foresee and, indeed, encourage commercial uses on the site and surrounding lands that will be permitted by this rezoning request. The surrounding properties will be minimally impacted by the rezone and by any proposed commercial development on the site. As discussed above, there are already existing commercial uses immediately to the north of the site, including a gas station, convenience store, bank, restaurants, professional offices, and other light Marana Council Meeting 01/20/2015 Page 139 of 278 O 0 (D (D cn C) C) C) 1AJ—L m� Dm O (L h vamo KW FwAd =k n w*=W NJ Car wakk 1- 1 2-12 NW1414'9 --N01 6'.q N XKV7VUM UJ7 M R *WSM16M 1-12-12 TAN GEIRTIME ROAD a Radkor. 11 ,. —08bo—". 41 '1" - — --- -- —, - -- - I --- -- - - — kqLl" dkVITIM Li 25 VAUCtric ft*"Vnr Dackvt D124 P '.Rim (Sw WW OT) le I EAA li tki Df',WJ loo NkAet 11734 h TtkiM SCH 1.�—LE 13 FTEMS Smion U PER TffLE REPORT 3. Book 202 of Duds Pa 295 unlc A Ail V S. DrainW Flu=ent and Restfictive Covenant Docks[ 13706 PW 3330 rmorded Dxcm ber 16, 2009 mW re-imorded in Dwi-et 13724, Pa 2067 Januar 13, 20 10, IddirwPA 6. Teni Construction Ememmt Ekx*d 13706 Page 3355 meorded Demniber tlae -Ta"M N,mminw1ion Hn& cownru" j 16, 2009 re-rewrded Januar 13, 2010 in Docket 13724, Pa 2047. I � � I � []�akrt J x�'#� tie 21�� ~� I Ea area W* N9 I Wma line tti r aT v r itra 4 gel 01 o ff I I Am = 142.,1 15 s ft 3,262 Acres 1 .1 Rezone from "C" Lar Lot to Nei Commercial a -TOWA f, pia W 51 S 111.1 1 RL 7 . J11 L Y — HOLLYWOOD BLVD RLS 1179 Unda C=01 Atm. Linda h-,wman 2042 W, Am Dr, uru rata curb Tucson, AZ 85705 Parcc[4 216-02-016A t in enrtFnlg 4V1 1. Ass r,% par ml n 2. RuM Map Bm)k 7 Pa 93 3. Right of Wa Plan for Dove Mountain Wvd Fxtenqion Pwiecl No. 200 -52 Pa Roadwa Plmm Tan R,,, .# Project Nia.2005-061 Pa 3 44 of 352. 4. Record of Surve S ND�2D I 1 14700 13 5. Ri of Wa Plan for DoveMountnin Blvd Extension Project No. 2(14 1 -52 N 348 of 352. V4nia ShAner 6-Rceord of Surve Book i ftu 3 dwed 5315 W. Tan Rd October 21 1986 Parcel# 216-02-0130 CUMENT PROPFRTY NFORMA11 CNvoc= GLP KANISAS QW LLC PO Box 414740 K Cit MO 64141-4740 Docket 10593 Pa R28 Paxel No, 216-02-015A Zon i 11 La at C Acrea 3,262 arcs Area, 142,1 s feet LEGFN0 ENM - F- lectric rarer box FH - Firc h HC - Handicapped pad6n IMB - Trri racer box TV - Irri -,-Aivc LP - Li pole Nffl- manhole OH - Ovottead wRit lines PP - I-owcr pole S- S cwcr lim Sp- scrVice pole SL- strwt fi Tmft- Traffic TS - Traffic si T Si Traffic Si WN4 - Wau7 meter WV - Water -%ulvc retail uses. The uses that will be permitted with this rezone will be consistent with these uses. The property to the west and south of the site is undeveloped vacant land. Accordingly, the impacts, if any, to these lands will be minimal or nonexistent. Notably, the Town's General Plan anticipates commercial uses on the adjacent portions of these lands. The property immediate to the east of the site is used as single family residential property. Any development of the site in the future w i l l be compliant with the Town of Marana Land Development Code which, as noted above, contains special requirements to mitigate impacts on adjacent residential uses, including setbacks, screening, buffering, and landscaping. D. TOPOGRAPHY The topographic conditions identified in the Inventory and Analysis section of this document will not be altered through this process. As mentioned above, the owner has not submitted a development plan as of yet regarding this site. However, the owner understands that additional engineering and technical analysis will be required by the Town of Marana during the development plan process, and all topographical conditions will be addressed comprehensively at that time. This site does not contain any hillsides, rock outcrops, or slopes of 15 percent or greater and thus any future development will not involve encroachment of these areas. E. HYDROLOGY As noted above, a definitive plan for future commercial development has not yet been prepared. The existing property owner will leave the site in its current condition as a vacant, undeveloped parcel until arrangements are made to develop the property commercially. Therefore, drainage conditions will not immediately change from their current state. At such time that a development plan is submitted for the site, the owner understands and acknowledges that a f u l l drainage report will be required. The future drainage report shall be designed in conjunction with the Pima County Hydrology Method and all applicable design standards with the Town of Marana. F. VEGETATION: As discussed above, the property owner at the present time plans to leave the site in its current condition as a vacant, undeveloped parcel until further arrangements are made to develop the property commercially. The owner acknowledges and understands that adherence with the Environmental Resource Preservation, Native Plant Protective and Landscape Requirements contained in Title 17 of the Town of Marana Council Meeting 01/20/2015 Page 141 of 278 Marana Land Development Code will be required upon submittal of the development plan. Adherence to the Native Plant Preservation Ordinance will be achieved and maintained during the development plan review process. The plant inventory' method will be employed and compliance will be demonstrated through the mitigation provisions of the LDC. G. WILDLIFE: As noted above, the owner is not submitting a development plan at the present time. As such, there will be no impact to wildlife with this rezoning request. It is unlikely that future development will impact wildlife either. The Town's Draft Habitat Conservation Plan does not identify any riparian habitat, aquatic habitat, existing wildlife corridors, or proposed wildlife corridors on the site. Additionally, the site is not located within the HCP Conservation Zones and Wildlife Linkages. The Draft HCP further identifies the site as Commercial. See Draft Environmental Impact Statement for the Town of Marana Habitat Conservation Plan, March 2009. Map I -E.1, Draft HCP Conservation Zones & Wildlife Linkages. H. VIEWSHEDS The visibility of the site can be achieved primarily from Tangerine Rd. and Twin Peaks Rd. from motorists, pedestrians and path users. When developed, the landscape buffers required with future development will adequately mitigate any potential negative visual impacts along those street frontages. High visibility of commercial developments is typically desired from arterial roadways, and such visibility w i l l be sought when developed. But the owner w i l l work cooperatively with the Town to promote a balance between visibility and promotion of aesthetics and visual attractiveness. When developed, it is anticipated that views from the site to the north and of the Tortolita Mountains will be minimally impacted. Views to the west will be unimpaired. Views to the east of the Catalina Mountains may be slightly impacted; however, required buffers and screening will mitigate those impacts. I. TRAFFIC A tentative development plan is not included with this rezone application, as it is anticipated that the land uses within the rezoning area will remain unchanged in the near future. When arrangements are made to develop the property, a more detailed traffic analysis will be performed. Per discussions with the Town of Marana Traffic Engineering Division, the information required under Section II -I will be deferred until a development plan pertaining to the site is submitted. At that time, the owner will agree to implement the requirements of a forthcoming traffic study and analysis. The owner or developer will be responsible for all onsite and offsite improvements required as a result of proposed development. Marana Council Meeting 01/20/2015 Page 142 of 278 31 PUBLIC UTILITIES The site w i l l be served with utilities as follows: a. Sewer. The site is located within the service area of Pima County Regional Wastewater Reclamation Department (PCRWRD) and is tributary to the Tres Rios Water Reclamation Facility via the Continental Ranch Interceptor. Capacity for this project is currently available in the two sewers to the north of Tangerine Road: G- 2003 -088 or G- 2005 -136. Due to topography, a lift station may be necessary. The owner / developer will obtain written documentation from RWRD that treatment and conveyance capacity is available for any new development within the rezoning area, no more than 90 days before submitting any tentative plat, development plan, preliminary sewer layout, sewer improvement plan or request for building permit for review. Sewer service agreements will be executed between the property owner /developer and the PCRWRD at the time of development plan review and approval and such agreements will be consistent with all terms and conditions reflected in the comment letter of December 1, 2014 submitted by the Planning Section of the PCRWRD in connection with this rezoning request. b. Water. While the Town of Marana has no water infrastructure at or near the site, the site is within the service area of Town of Marana Utility Department. However, the City of Tucson's service area is immediately adjacent to the site and the City has water service infrastructure in the right of way at the south east corner of Tangerine Rd. and Twin Peaks Rd. The owner will work cooperatively with Town of Marana and the City of Tucson for the provision of water service to the site. c. Electricity. The site is within the service area of Trico Electric Cooperative, Inc. and electric lines are adjacent to the site. d. Natural Gas, Southwest Gas has main lines in the area but not on the site. When development occurs on the site, the owner will determine whether natural gas service is required and /or appropriate and, if so, will work with Southwest gas for the provision of such service. Any necessary utility infrastructure or easements related to utility installation w i l l be obtained by the developer at the time of development. K. IMPACTS TO PUBLIC SERVICES Due to the limited size of the project area, it is anticipated that future development will have minimal impact upon public services. Development within the rezoning area will be served by the Marana Police Department. The Town of Marana has a Marana Council Meeting 01/20/2015 Page 143 of 278 Police substation located approximately 12 miles west of the site at 11555 West Civic Center Drive. The entire project site is currently outside of all fire districts. The Northwest Fire District serves immediately adjacent areas to the north of the site. Northwest Fire has an existing station (No. 37) located approximately 1.5 miles north of the site at 13001 N. Tortolita Road. In order to adhere to the Town of Marana's 2010 General Plan, the project area will be annexed into the Northwest Fire District or into another public fire district. The owner will contract with a private refuse hauling company to address solid waste needs. Assuming that the site will be developed in a commercial capacity, it is expected that the development will have no impact upon the Marana Unified School District. Ultimately, the project will likely be financially beneficial to the Town of Marana and Marana Unified School District due to the additional sales tax and property tax generated by the future commercial development. Additionally, impacts to area public parks is anticipated to be minimal or non - existent. L. RECREATION AND TRAILS Given the size of the rezone site (3.262 acres), it is unlikely that recreational areas will be provided with future commercial development within the rezoning area. In the event that recreational space is provided, the ownership is likely to be retained by the owner of the respective property. It is anticipated that any future commercial development will include a certain amount of natural or modified open space, as the Neighborhood Commercial zoning district requires a special buffer area adjacent to properties utilized or planned for residential development. Such areas of open space will likely be retained by the owner. As discussed above, there is an existing Town of Marana maintained trail running north and south along the west side of Twin Peaks Road. Access to the trail from the rezone site may be facilitated through the signalized intersection at Twin Peaks Road and Tangerine Road. However, trail access may be limited or prohibited by future wildlife fencing installed as part of the Marana Capital Improvement Project for Tangerine Road. Trail access will be planned and coordinated in conjunction with and with the approval of the Town of Marana Capital Improvement Project manager for Tangerine Road. M. CULTURAL, ARCHAEOLOGICAL AND HISTORIC RESOURCES A cultural resources survey will be performed and submitted to the Town of Marana prior to or during the development review process. The owner will take all reasonably necessary measures for the protection of all cultural and historical Marana Council Meeting 01/20/2015 Page 144 of 278 resources that may exist on the site and, if reasonably achievable, incorporate any such resources into any future commercial development. PART III -- CONCEPTUAL DEVELOPMENT PLAN REQUIREMENTS A. Conceptual Development Plan. A development plan is not included with this rezone application. The existing property owner will leave the site in its current condition as a vacant, undeveloped parcel until arrangements are made to develop the property commercially. At the present time, the owner does not anticipate that a development plan will be immediately forthcoming. Any future development proposed for the site will be required to adhere to all Town of Marana regulations including such development standards set for above in Part II section B. B. Boundaries and Dimensions of the Subject Property. See Map III -B.1, Boundary Map. C. Name and Right of Way Width of All Adjacent and Internal Streets and Alleys. There are no internal streets or alleys on the site. Tangerine Road is adjacent to the site on the north with a right -of -way width of 225 feet. As discussed above, an additional dedication of 125 feet for Tangerine Road will be required of the applicant as a condition of this rezoning. Twin Peaks Road is adjacent to the site on the west with a right of way width of 125 feet. N. Hollywood Blvd. is adjacent to the site on the south with a right -of -way width of 60 feet. D. Location and Dimensions of All Proposed and Existing Buildings Involved. There are no existing or currently proposed buildings on the site. E. Existing Adjacent Structures. Bordering the site on the east is a residential lot of 4.3 acres in size. There are three single family structures of a single story as well as an outbuilding on the residential lot. F. Existing and Proposed Land Use For Each Building Activity area. The rezone site is currently undeveloped vacant land. The proposed land use pursuant to this rezone application is commercial under the Neighborhood Commercial zoning designation. G. Existing and Proposed Building Square Footages, Types of Units, Density and Lot Coverage Calculations and Building Heights. There are no existing or currently proposed buildings on the site. Future buildings will be of a single story commercial nature, but there is no development plans at the present time. When the site is developed, the owner or developer will submit a development plan with the Town of Marana and will comply with all density, set Marana Council Meeting 01/20/2015 Page 145 of 278 O 0 (D (D C) C) C) A-L F-1 0 F-1 Z ❑ F-1 Wm litre $ti W& an 1:061nd BCSM . NW cnr wbeti 1-1342 -- -------- 'W=4 VmCk TANGE RWE ROAD MIAMI Dom MW (W aA 7 W%md M IF# P) � C40 i%r LW rt"tww- 25JW et p�Pkehmmt 91i�I D040 1 1724 F 241 k (See cate.0 1 b line Pip[- W 4 line ME ling - rempmtr y eftrom"lian linq Qviamor 2061 FOUW MMM n %mb= Ni wr & 1, 12- 12 SCHEDOILE B MEMS Scqfion U PER TITLE REPORT I B40k 202 of De ois Pa 245 unk*ble. 5. Dmiu FAswmt amd Restrictive Covenant Dtwket 13706 Pap 3330 rwomod Dwonber 16, 20M and re-mmrded in Docket 13 724, Pa 206? Junua 13, 20 6. Tempimmr Comtruction FAwnwnt Docket 13706 Pa 3355 rccogdW December 16, 2009 re-recordW Janmr 13, 20 in Docket 13 724, PI e 209-7. Rezone area REFERPNCEMIATS rr 1. Anew= patce) map 2. Road Map Ek)ok 7 P 83 K Ri of Wa PLIM for Dove Moun Lain Blvd E11 icsn Project M), 2001-52 Pa Roadwa Plan Tawrine Road PmjW No-20OS-061 Pa 349 of 352. 6' 4. Record of SuErve SECS No,20111470013 t4 S. Ri of Way Plan for Dove Mounixi n RM Emnsim Area — 142,115 s ft Nect No. 2001-52 Page 348 of 352, EO Vir Shimer 6. Record of Survey Book 5 Page 3 dated 3.262 Acres -5315 W Tunuerine Rd October 21 198 01 I I 0H Panel# 216-02-0130 Wril-VIER-W Rezone from "C" Lar Lot to Nei Commercial Fowd BCSM Ow "':hon I -12 - 13 CURRENT PROPERTY MFORVIATION Owwm: GLP KANW CITY LLC PO Box 414740 Koms Cit MO 641414740 Docket 10593 Pa 1428 Parcel No. 216-02-015A 7A- suin Lu Cat C Acrea 3.262 acres Aml. 142.1 s feet LEGEND ENtH - Efectfic nwtr box FH - Firc hvdwi HC - Handicapped parkin tMB - Irri nun W box IV- *isfltk�n Valvc LP - L —7 L 00113 = w V MH- Manhole ON - Overhead uri[it lines 9,17 0001W 13724 PO4V 2W' Powerpole S- AIL NRV241071111 MAO smice P OIC SL- L Tmfr- Traffic -Found pin Al S lh78 IWO LO - WM - Waler meter NWV241V"E HOLLYWOOD BLVD waurvalve Tf Linda C-L=ol Attw Linda Fortman 2042 W. Am Dr. -Co unba attbl Tucson, AZ 85705 & g ourr (Wp) I Parcel-# 216-G2-016A Fowd BCSM Ow "':hon I -12 - 13 CURRENT PROPERTY MFORVIATION Owwm: GLP KANW CITY LLC PO Box 414740 Koms Cit MO 641414740 Docket 10593 Pa 1428 Parcel No. 216-02-015A 7A- suin Lu Cat C Acrea 3.262 acres Aml. 142.1 s feet LEGEND ENtH - Efectfic nwtr box FH - Firc hvdwi HC - Handicapped parkin tMB - Irri nun W box IV- *isfltk�n Valvc LP - Li pole MH- Manhole ON - Overhead uri[it lines PP - Powerpole S- 'Sower late SP - smice P OIC SL- sow I*t Tmfr- Traffic TS - 'rraffio sip 7' Si Tnaffic Si WM - Waler meter WV - waurvalve back, lot coverage calculations, and building height regulations of the Town of Marana Land Development Code. H. The Yards and Spaces Between Existing and Proposed Buildings. There are no existing or currently proposed buildings on the site. I. Existing Topography and Proposed Grading, Showing All Slopes. The existing topography is depicted above in Part I, Map I -13.1, Topography Map. There is no proposed grading plan at the present time. 3. Proposed Parking Layout, Including Number of Spaces Required and Provided, Vehicular, Pedestrian and Service Accesses, Driveways, Maneuvering Areas, Loading and Trash Areas. This information will be provided upon submittal of a development plan with the Town of Marana. K. Screen Locations, Existing and Proposed Walls, Fences, etc., Indicating Height, Design and Materials. This information will be provided upon submittal of a development plan with the Town of Marana. L. The Location and Description of Any Storage or Open Land Activities to Take Place Outside the Buildings, Including Square Footage of Such Activities. This information will be provided upon submittal of a development plan with the Town of Marana. M. Landscape Concept Plan. This information will be provided upon submittal of a development plan with the Town of Marana. N. Location of All Existing Trees or Manmade Features Which are to Remain or be Removed. This information will be provided upon submittal of a development plan with the Town of Marana. O. Current and Proposed Locations of All Utilities to Service the Project, Including Electrical Telephone, Water, Sewer and Gas, including Easements. As discussed above in Section II J, there is sewer capacity currently available in two existing Pima County Regional Wastewater Reclamation Department (PCRWRD) sewers to the north of Tangerine Road near the site. City of Tucson water has water service mains immediately adjacent to the northwest corner of the site. Southwest Gas has service infrastructure in the area. There are various providers of telephone service in the area. When a development plan is submitted with the Town of Marana, the owner will make arrangements to procure necessary services and will grant utility easements as necessary and appropriate. P. Location, Size, and Dimensions of Existing and Proposed Signs. There are no existing or proposed signs on the property. Marana Council Meeting 01/20/2015 Page 147 of 278 Q. The Locations and Description of the Amenities Proposed. This information will be provided upon submittal of a development plan with the Town of Marana. Marana Council Meeting 01/20/2015 Page 148 of 278 BIBLIOGRAPHY Existing Land Use Information Sources Survey by Everett Trueblood Land Surveying; Town of Marana; Marana Geographic Information System (MARGIS); Pima County MapGuide; Pima County Assessor's Office; existing aerial photography; site visits / survey. Topography Sources Pima Association of Governments; Topographic mapping MARGIS; Pima County MapGuide. Hydrology Sources Preliminary Drainage Study, dated August 29, 2011, by Mike Hansen, PE; Stormwater Detention /Retention Manual, Pima County Department of Transportation and Flood Control District/ City of Tucson DOT; Pima County Arizona and Unincorporated Areas Flood Insurance Rate Map. Well Sites Arizona Department of Water Resources - well registry. Vegetation Sources Town of Marana Geographic Information System (MARGIS); site survey. Wildlife Sources The State of Arizona Game and Fish Department; Town of Marana Habitat Conservation Plan. Viewshed Sources Site survey. Traffic Sources Town of Marana; Pima Association of Governments. Recreation and Trails Sources Town of Marana, Parks and Recreation Department, Parks Master Plan. Cultural /Archaeological /Historic Resources Sources Town of Marana. Marana Council Meeting 01/20/2015 Page 149 of 278 MARANA PLANNING L4 6 v i4 R I j] L Iffil W-IRV Subject Propert 7 1 titi IV r'? E0 in Map Case: PCZ1410-002 Twin Peaks & Tan g erine Rezonin Location: Southeast corner of Twin Peaks Rd & Tan g erine Rd intersection -4 R❑ to chan the zonin of 3.2 acres from 46C33 Lar Nei Commercial Pa 150 of 278 M PLAN NING 1. TYPE of APP (Check one) ❑ Preliminary Plat � Final Plat ❑ General Plan Amendment ❑ Variance El SWPP Dl,andscape Plan El Native Plant Permit El Develo ment Plan Development 1:1 Conditional Use Permit Rezone / Specific Plan El Native Plant Exception Specific Plan Amendmen Land Use Change Minor Land Division [I EI S L 0 Water Pla n ❑ gn g E:] Improvement Plan ❑ e in Description of Project box* Other - 2. GENERAL DA TA REQ _ _ 7 i - — Des l Plan i nation Assessors Parcel 216_02_01 Genera g Commercial Number _ — - ( be co nfirmed b y staff) - Gross Area Acre /SF) 3.22 acres 1 142,115 sq ft Current Zoning staff) �, � ,� Large Lot confirmed b ( To be y Development/ Project Proposed Zoning Neighborhood Comm Na TRP Twin Peaks � p g Project Location Southeast corner of Tangerine Road and Twin Peaks Road Description of Project* , Rezone �Y Pro P er owner TRP Twin Peaks, LLC Street Address 12090 N. Thornydale Road, Suite 106 City i State I Zip Code Phone # Fax # Marano AZ 8565 8 520- 906 -4155 Contact Person Applicant Street Address City Del Post same as owner State Zip Code Phone # E -Mail. Address Phone Number l E -mail 1 520 - 850_0508 / dpost@dmllaw.com FFax I E -Mail Address Phone Number /E-mail C ontact P 1 M Del Post of Datsopoulos MacDonald & Lind, P.C. — — S treet Addre 201 W. Main St., Suite 201 i C tY State Zip Code Phone # Fax # E -Mail Address Missoula MT 59802 520 - 850 - 0508 406 543 - 0134 dpost @dmllaw.com F _ Del Post Town of Marano Business License No o n ta Pe 131291 ,. _ - 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 l�nowledge and that I am either the owner of the property or that I have been authorized in writing by the owner to file this application and checklist. (If not owner of record, attach written Guth '� at from the owner.) 0 0, P N &-% 66%1�� eA 7 IRP L�zl . �, Z a-e� -_ P rint Name of A 1 icant/ A nt Sig nature Date CaseLog# Date Received Si nature - - CRW # A) 1A a o 115 W. Civi C enter Dr Bl dg. A2■Marana, AZ 85653 -7003 ■Telephone (520) 382- 2600 ■Fax (520) 382 - 2641 Marana Council Meeting 01/20/2015 Page 151 of 278 TANGERINE AND TWIN PEAKS REZONING CONDITIONS COMPARISON OF CONDITIONS AS PRESENTED TO THE COMMISSION ON DECEMBER 17, 2014 AND THOSE PRESENTED TO THE COUNCIL ON JANUARY 20, 2015 The Legal Department and Planning Department worked together over the holidays to create a standard rezoning ordinance template, primarily to simplify and standardize the ordinance and rezoning condition language. The rezoning ordinance for the Tangerine and Twin Peaks Rezoning uses the new template, and makes revisions to the list of staff - recommended conditions of rezoning as presented in the Planning Commission's December 17 meeting agenda packet. The following table compares the list of staff - recommended conditions found in the rezoning ordinance draft presented as part of the Council's January 20 meeting agenda materials (the "Is" column) to those presented to the Commission (the "Was" column). Is WAS EXPLANATION 1 1 Effect on prior and existing ordinances clarified and reworded 2 3 Standard master drainage study provision clarified by using words and phrases as defined the ordinance 3 13 Standard traffic impact analysis provision clarified by using words and phrases defined in the ordinance 4 5 Standard water infrastructure and phasing plan provision clarified by using words and phrases defined in the ordinance and re- worded to conform to current standard procedures 5 6 Standard master sewer plan provision clarified by using words and phrases defined in the ordinance and re- worded to conform to current standard procedures 6 13 New standard condition to require construction and dedication of any facilities as identified in the approved traffic, drainage, water, and sewer plan. The old comprehensive traffic study condition (# 13) included this language for traffic infrastructure, but the requirement was implied for other types of infrastructure. Now it is spelled out. 7 4 Standard federal or state law conformance provision clarified by using words and phrases defined in the ordinance 8 7 Standard water rights transfer provision clarified by using words and phrases defined in the ordinance 9 8 Standard Corps of Engineers provision clarified by using words and phrases defined in the ordinance 10 N/A Standard desert tortoise study provision was omitted from commission list 11 2 Standard no further lot splitting provision clarified by using phrase defined in the ordinance 12 9 Special right of way condition clarified by using words and phrases defined in the ordinance 13 10 Special right of way condition clarified by using words and phrases defined in the ordinance 14 11 No change 15 12 Special Rezoning Site Analysis provision clarified for chronological consistency {00040653.DOCX / 21 - 1 - 1/6/2015 4:44 PM FC Marana Council Meeting 01/20/2015 Page 152 of 278 Is WAS EXPLANATION 16 14 Standard fire district annexation provision clarified by using words and phrases defined in the ordinance 17 15 No change 18 N/A Added by Planning Commission 1. .Compliance with all applicable provisions of the Town's codes and C--).:.Pi.A,.-i.:.n current at the time of any subsequent development including, but not limited to, requirements for public improvements and payment of application fees and a��licable develop impact fees. 2.A master drainage study must be submitted by the Property Owners and accepted by the Town Engineer prior to Town approval of a preliminary plat or development plan for any portion of the Rezoning Area. 3. A detailed traffic imbact analvsis must be submitted by the Property . %IXX%.1 N_,f VV XX%w/X/ _L_�%/ V Owners and accented by Town staff prior to annroval of a nreliminary plat or development p lan for any portion of the Rezoning Area. The exact location and operations of any proposed driveways for the development of the Rezoning Area will require the approval of the Town Engineer based on the findings of the traffic act analvsis= "'lzr-ri�rr� 4. �A water infrastructure and phasing p lan (WIP) must be submitted by the Property Owners and accented by the water provider prior to a of a p relimina ry plat for any p ortion of the Rezoning Area. The WIP shall identify all on -site and off -site water facilities needed to serve the proposed development, ' . The WIP shall include all information required by the water provider, such as (but not limited to) analysis of water use and fire flow requirements, and well source, reservoir, and booster station infrastructure. V X %_.1 %V %11 V needed to serve the pro -osed development. If the water provider requires a water service agreement as a condition of service to the proposed develop the Property Owners must enter into a water service agreement with the water p rovider consistent with the acce WIP. 5. A master sewer plan must be submitted by the Property Owners and accepted by the Pima County Regional Wastewater Reclamation Department (the "wastewater 4p4R&%V4E1e+utilitYD prior to the approval of -a0y final plat or development plan.. for the Rezoning Area. The master sewer lap shall identify all on -site and off -site wastewater facilities needed to serve the proposed development, and shall include all information required by the wastewater utility. If the wastewater utility requires a sewer service agreement as a condition of service to the {00040653.DOCX / 21 -2- 1/6/2015 4:44 PM FC Marana Council Meeting 01/20/2015 Page 153 of 278 p roposed development, the Property Owners must enter into a sewer service agreement with the wastewater utility consistent with the accepted master sewer plan. 6. The Property Owners must design and construct any roadway, drainage, water, and wastewater improvements, and dedicate or acquire any property ri g hts associated with those improvements, that the Town requires based on the data and findings of the acce traffic impact analysis, the acce master drainage study, the acce WIP, the acce master sewer plan, and other studies approved in connection with the approval of a p reliminary p lat or development plan for any portion of the Rezoning Area. 7. 4—.No approval, permit or authorization by the Town of Marana authorizes violation of any federal or state law or regulation or relieves the a4A4ALe-ant of 'Le lani� Property Owners from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. The Property Owners should retain appropriate experts and consult appropriate federal and state agencies k be determine any action necessary to assure compliance with applicable laws and regulations. 8. The F V %./ L 11 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. 9. Prior to the issuance of any grading permits , the Property Owners shall submit evidence S .a" b%ea w, �t�c to the Town that all federal permit requirements have been met through the Corps of Engineers and the State Historic Preservation Office if federal permits are required for the develop of the Rezoning Area 10. A 100% desert tortoise survey shall be completed by a qualified biologist at the Property Owners' expense and a by the Town p rior to the issuance of any g rading p ermits in the Rezoning Area. Any Sonoran Desert tortoises found on the Rezoning Area shall be relocated at the Property Owners' expense. 11. The F F %W-L LI J %-If VV X Property Owners shall not cause any lot split of any kind without the written consent of the Town of Marana. 12. The Property Owners shall dedicate °z wT° an additional 75 feet of land along the northerly property line of the Rezoning Area to the Town of Marana. 13. The Property Owners shall dedicate °z L:%T° %' ° ' a 'rGU Nel E4 an additional 15 feet of land along a portion of the southerly property line of the Rezoning Area to the Town of Marana that will complete the full 60 foot half width of right of way efi Hollywood Boulevard. 14. 44-.-A cultural resources survey must be completed and submitted to the Town for review and approval prior to any site disturbance {00040653.DOCX / 21 -3- 1/6/2015 4:44 PM FC Marana Council Meeting 01/20/2015 Page 154 of 278 15. Town staff is authorized to . 7 L-YJLL.Y JL-JLJL" L/%./ LYL4-L/ %/%.1111 re wire minor grammatical and illustrative changes psi ^ r tO TA;; T:, r^ ,,; l the Rezoning Site Analysis document 16. Before recordation of a final plat or the approval of a development plan, the Property Owners shall have completed or shall provide evidence to the Town's satisfaction that the Pronerty Owners have made a diligent effort to complete the process of having the �Rezonin� Area annexed into a fire district or have otherwise �ro envided for fire protection service to the Rezoning Area. 17. 4-5—.No residential uses shall be allowed in the Rezoning Area. 18. Development plans for the Rezoning Area shall require approval of the Planning Commission at a public hearing. Document comparison by Workshare Compare on Tuesday, January 06, 2015 3:07:59 PM Inp❑tC Document 1 ID file: //X: /WDOX /TNATDOCS /D EVE LOP /TPCORR /0004065 5.DOCX Description 00040655 Document 2 ID file: //X: /WDOX /TNATDOCS /D EVE LOP /TPCORR /0004064 9.DOCX Description 00040649 Rendering set Standard ❑e ❑end C Insertion A 4PA ro � � :PJn Moved to Style change Format change Inserted cell Deleted cell Moved cell Split /Merged cell Padding cell Statisti Cs C Count {00040653.DOCX / 21 -4- 1/6/2015 4:44 PM FC Marana Council Meeting 01/20/2015 Page 155 of 278 Insertions 49 Deletions 54 Moved from 2 Moved to 2 Style change 0 Format changed 0 Total changes 107 {00040653.DOCX / 21 - 5 - 1/6/2015 4:44 PM FC Marana Council Meeting 01/20/2015 Page 156 of 278 - r C? RANA -P 115 5 5 W. CIVIC CENTER DRIVE. NIARANA. ARIZ ONA 8 5 65 3 Item A 2 To: Mayor and Council From: Cynthia Ross, Planner II Date: January 20, 2015 Strategic Plan Focus Area: Community Subject: PUBLIC HEARING: Ordinance No. 2015.003 Relating to Development; amending Marana Ordinance No. 2002.19, which rezoned approximately 61.2 acres of land located on the west side of Silverbell Road, south of Ina Road from Zone R -144 to R -16, by increasing the maximum number of residential units from 41 to 56, increasing the total site disturbance from 30% to 37 %, and making various other modifications (Cynthia Ross) Discussion: Background The Mayor and Council adopted Marana Ordinance No. 2002.19 on September 17, 2002, rezoning approximately 61.2 acres of land from the "R -144" zoning designation (Single Family Residential, minimum lot size 144,000 square feet) to the "R -16" zoning designation (Single Family Residential, minimum lot size 16,000 square feet) for the purpose of developing a 41 lot single family residential subdivision. Applicant Proposal to Modify Rezone Conditions The applicant proposes to modify the original rezoning conditions 6, 7, 9, 13, 19 and 22 from Marana Ordinance No. 2002.19. Substantial changes in the applicant's proposal are conditions 9 and 13. In condition 9, the applicant proposes to increase the number of lots from 41 to 59, an additional 18 lots, and increase the disturbance from 30% to 37%, a 7% increase. In condition 13, the applicant proposes to remove the condition that restricts 2 -story homes to lots along Silverbell Road. Eight 2 -story homes are currently allowed in the subdivision. This proposal would increase the number of 2 -story home lots from 8 to 25, an additional 17 potential 2 -story home lots. Staffs Review of the Proposal Marana Council Meeting 01/20/2015 Page 157 of 278 Staff s review of the applicant's request to modify certain rezoning conditions includes an analysis of the 23 original rezoning conditions found in Ordinance 2002.19. The intent, in addition to reviewing the applicant's requested changes is to ensure that the rezoning conditions are current, accurate and comprehensive. Minor wording adjustments have been recommended for rezoning conditions other than those specifically requested by the applicant. Finally, additional conditions have been recommended which are common provisions in today's rezoning language. These new conditions, as well as the modified conditions, will ensure the development meets the intent of the Town of Marana's adopted policies and procedures. An explanation has been provided as an attachment that details the changes made to the rezoning conditions. Planning Commission Public Hearin A public hearing on this case was held by the Planning Commission on December 17, 2014. The Commission recommended approval of 36 rezone conditions to include the 23 modified existing conditions, staff recommended conditions, and the recommended conditions outlined in a letter from the Coalition for Sonoran Desert Protection dated 12/16/14. The following condition modifications are important to highlight as they will substantively change the conditions of the original ordinance. Condition #9 — Modification would limit the maximum number of lots to 56. The applicant requested 19 additional lots for a total of 59. The Planning Commission requested 3 lots (reflected on the tentative development plan) be removed on the west side of the Rezoning Area supporting a total of 5 6. Condition # 13 - Modification would require that all homes in the subdivision be limited to 1 -story with certain peripheral lots (identified in the tentative development plan) limited to a maximum height of 20 feet. The original ordinance allowed for eight 2 -story homes. Condition # 14 - Changes the average graded pad envelope of 10,000 to include driveways, but not utilities; require the pad envelopes be graded individually; prohibits mass grading of the entire 58.78 gross acre parcel; and requires grading envelopes in excess of 10,000 to be re- vegetated with vegetation identical to that existent on the pad. Recommendation to Town Council The Legal Department and Planning Department worked together over the holidays to create a standard rezoning ordinance template, primarily to simplify and standardize the ordinance and rezoning condition language. The rezoning ordinance for the Ina and Silverbell Rezoning Area uses the new template, and makes revisions to the list of staff - recommended conditions of rezoning as presented in the Planning Commission's December 17 meeting agenda packet. The ordinance presented for Council approval has eliminated the following Planning Commission recommended conditions because they would be redundant to rezoning language found in the standard rezoning ordinance template. • Change the affected lots within the Floodplain and Erosion setbacks that will require Floodplain Use Permits to lots 34 -55; See condition 1 of Ordinance No. 2015.003 • Clarify that the lots that have a cross slope greater than 15% will be based on an "average" cross slope; See condition 1 of Ordinance No. 2015.003 • All required fees of the Marana South Transportation Benefit Area shall be paid by the Marana Council Meeting 01/20/2015 Page 158 of 278 developer in accordance with Ordinance 2014.012; See condition 1 of Ordinance No. 2015.003 • The property owner shall dedicate, or cause to have dedicated, the necessary rights -of -way for the Ina and Silverbell Rezoning Area including any necessary dedications along Silverbell Road; See condition 7 of Ordinance No. 2015.003 • A detailed traffic analysis shall be submitted and accepted by staff prior to approval of any preliminary plat; This has already been completed and accepted by the town staff • Prior to or upon requesting a building permit for a lot, the lot owner shall obtain a Type 1 grading permit form the Town of Marana prior to commencing any grading operation; See condition 1 of Ordinance No. 2015.003 • Lots located within the floodplain and Erosion Hazard Setback line will require a Floodplain Use Permit. Lots affected are Lots 34 -55; See condition 1 of Ordinance No. 2015.003 • Lots that develop on 15% or greater slopes shall comply with Marana's Hillside Development Zone ordinance; See condition 1 of Ordinance No. 2015.003 A super - majority or three - fourths favorable vote is required to affirm this request. The protest letters received from those qualifying adjacent property owners are included in the attachments for your review. Staff Recommendation: Staff recommends approval subject to the recommended conditions. Suggested Motion: I move to adopt Ordinance 2015.003, approving the Ina and Silverbell Change of Conditions subject to the recommended conditions. Attachments: Ordinance 2015.003 Tentative Development Plan - Exhibit A Impacted Parties Invasive Non - Native Species Subject to Control List Location Map Ordinance 2002.19 Change of Rezone Request Letter Coalition for Sonoran Desert Protection Letter Comparison of Conditions History of Rezoning Conditions Protest Letters Marana Council Meeting 01/20/2015 Page 159 of 278 MARANA ORDINANCE NO. 2015.003 RELATING TO DEVELOPMENT; AMENDING MARANA ORDINANCE NO. 2002.19, WHICH REZONED APPROXIMATELY 61.2 ACRES OF LAND LOCATED ON THE WEST SIDE OF SILVERBELL ROAD, SOUTH OF INA ROAD FROM ZONE R -144 TO R -16, BY INCREASING THE MAXIMUM NUMBER OF RESIDENTIAL UNITS FROM 41 TO 56 INCREASING THE TOTAL SITE DISTURBANCE FROM 30% TO 37 %, AND MAKING VARIOUS OTHER MODIFICATIONS WHEREAS Fidelity National Title Trust 60204 and its beneficiary C & C Construction (collectively the "Property Owners ") own the Ina & Silverbell subdivision recorded in the office of the Recorder of Pima County, Arizona on May 11, 2006 in Book 61 of Maps and Plats at Page 20, Sequence 20060910729, consisting of a gross area of 58.78 acres of land (the "Rezoning Area "); and WHEREAS the Mayor and Council of the Town of Marana adopted Marana Ordinance No. 2002.19 on September 17, 2002, recorded in the office of the Pima County Recorder on September 27, 2002 at Docket 11894, Page 5220, Sequence 20021880958 ( "the Original Rezoning Ordinance "); and WHEREAS the Original Rezoning Ordinance rezoned the Rezoning Area from R -144 (single family residential, minimum lot size 1440,000 sq. ft.) to "R -16" (single family residential, minimum lot size 16,000 sq. ft.), subject to certain conditions set forth in the Original Rezoning Ordinance; and WHEREAS the Property Owners have submitted an application to modify the conditions of rezoning set forth in the Original Rezoning Ordinance; and WHEREAS the Marana Planning Commission held a December 17, 2014 public hearing on Property Owners' application to modify the rezoning conditions, and voted 5 to 1 with one Commissioner absent to recommend that the Town Council amend the rezoning conditions as modified and supplemented by the Commission based on feedback from the Property Owners, the public, Town staff, and the Coalition for Sonoran Desert Protection; and WHEREAS the Marana Town Council held a January 20, 2015 public hearing on Property Owners' application to modify the rezoning conditions and determined that the requested application should be approved subject to certain amendments. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Marana, Arizona, as follows: Section 1. The rezoning adopted by the Original Rezoning Ordinance and amended by this ordinance is referred to as "this Rezoning." 100040632.DOCX / 21 Ordinance No. 2015.003 - 1 - 1/8/2015 1:40 PM FJC Marana Council Meeting 01/20/2015 Page 160 of 278 Section 2. The conditions of rezoning set forth in the Original Rezoning Ordinance are hereby replaced with the following conditions of rezoning, 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 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 and payment of application fees and applicable development impact fees. 2. Any preliminary plat or development plan for any portion of the Rezoning Area shall be in substantial conformance with the tentative development plan (shown as "Exhibit A" attached to and incorporated by this reference in this ordinance) presented to and approved by the Town Council as part of this Rezoning. 3. A master drainage study must be submitted by the Property Owners and accepted by the Town Engineer prior to Town approval of a preliminary plat or development plan for any portion of the Rezoning Area. 4. The Property Owners shall design and construct a continuous left -turn lane along the entire frontage of the Rezoning Area. The design shall be subject to approval by the Town Engineer. 5. A water infrastructure and phasing plan (WIP) must be submitted by the Property Owners and accepted by the water provider prior to approval of a preliminary plat for any portion of the Rezoning Area. The WIP shall identify all on -site and off -site water facilities needed to serve the proposed development. The WIP shall include all information required by the water provider, such as (but not limited to) analysis of water use and fire flow requirements, and well source, reservoir, and booster station infrastructure needed to serve the proposed development. If the water provider requires a water service agreement as a condition of service to the proposed development, the Property Owners must enter into a water service agreement with the water provider consistent with the accepted WIP. 6. A master sewer plan must be submitted by the Property Owners and accepted by Pima County Regional Wastewater Reclamation Department (the "wastewater utility ") prior to the approval of any final plat or development plan for the Rezoning Area. The master sewer plan shall identify all on -site and off -site wastewater facilities needed to serve the proposed development, and shall include all information required by the wastewater utility. If the wastewater utility requires a sewer service agreement as a condition of service to the proposed development, the Property Owners must enter into a sewer service agreement with the wastewater utility consistent with the accepted master sewer plan. 7. The Property Owners must design and construct any roadway, drainage, water, and wastewater improvements, and dedicate or acquire any property rights associated with those improvements, that the Town requires based on the data and findings of the accepted traffic impact analysis, the accepted master drainage study, the accepted WIP, the accepted master sewer plan, and other studies approved in connection with the approval of a preliminary plat or development plan for any portion of the Rezoning Area. {00040632.DOCX / 21 Ordinance No. 2015.003 -2- 1/8/2015 1:40 PM FJC Marana Council Meeting 01/20/2015 Page 161 of 278 8. The final design of all streets and circulation facilities, including any gated or emergency access, must be accepted by the Northwest Fire District prior to Town Council consideration of a final plat for any portion of the Rezoning Area. 9. The Rezoning Area shall be limited to a maximum of 56 lots. (Lots 55, 56, and 57 as shown on Exhibit A shall be eliminated.) Site disturbance in the Rezoning Area shall not exceed 37% or 948,000 square feet. 10. No approval, permit or authorization by the Town of Marana authorizes violation of any Federal or State law or regulation or relieves the Property Owners from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. The Property Owners should retain appropriate experts and consult appropriate Federal and State agencies to determine any action necessary to assure compliance with applicable laws and regulations. 11. 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. 12. Prior to the issuance of any grading permits, the Property Owners shall submit evidence to the Town that all federal permit requirements have been met through the Army Corps of Engineers and the State Historic Preservation Office, if federal permits are required for the development of the Rezoning Area. 13. The Property Owners shall not cause any lot split of any kind without the written consent of the Town of Marana. 14. The Property Owners shall provide the necessary authorization and documentation from the Western Area Power Administration (WAPA) with the subsequent plat submittal. 15. All open space easements and wildlife corridors shall be left entirely undisturbed and in their natural desert state, except for necessary utility installations, which shall be revegetated. All such easements and corridors shall be dedicated to the appropriate entity, acceptable to the Town and at a time acceptable to the Town. All utilities shall be underground, and all utility trenches shall be revegetated to be identical with the surrounding desert with the exception of the overhead electric WAPA easement which shall be to WAPA specifications. 16. No home in the Rezoning Area shall exceed one story. Lots 23 -34 and Lots 55 and 59 as shown on Exhibit A shall have a maximum height of 20 feet. 17. The preliminary plat for the Rezoning Area shall establish a minimum lot size of 16,000 square feet, with an average graded pad envelope of 10,000 square feet, including driveways, but not including utility installations. Pad envelopes will be graded individually. The 58.78 acre Rezoning Area parcel will not be mass graded. Any graded building envelope in excess of 10,000 square feet shall be re- vegetated with vegetation identical to that existent on the site. 18. There shall be no connectivity between Waycross Road, Martingale Lane, Bridle Way, or Abington Lane and any access point, right of way, road, or lot within the Rezoning Area. {00040632.DOCX / 21 Ordinance No. 2015.003 -3- 1/8/2015 1:40 PM FJC Marana Council Meeting 01/20/2015 Page 162 of 278 19. Any grading within areas of 15% or greater slopes for driveways, walls, or other utilities shall be minimized and require approval by the Town Engineer. 20. There shall be a 75 -foot "No Disturbance" bufferyard along the southern boundary of the development, except on Lot 33 (as identified on Exhibit A) which shall provide a 100 -foot "No Disturbance" bufferyard. 21. There shall be a 40 -foot "No Disturbance" bufferyard along the western boundary. 22. The Property Owners, through the Town of Marana's normal notification process, shall notify the impacted parties, as specified in Exhibit B attached to and incorporated by this reference in this ordinance, if any request is made to modify, eliminate, or add to the conditions listed in this ordinance. 23. The minimum width of the two designated wildlife corridors shall be 200 feet and, where possible, revegetation shall occur in disturbed areas beyond the 200 -foot minimum width. 24. These conditions in their entirety, and all associated attachments, shall apply to the current proposal and to any and all subsequent proposals regarding development, subdivision, or rezoning of the Rezoning Area. 25. This Rezoning is subject to the Residential Design Standards found in the Marana Land Development Code as amended from time to time. 26. The Property Owners agree to enter into a finance contract establishing their contribution for schools. The Property Owners shall provide written documentation that an agreement with the Marana Unified School District is completed prior to the issuance of the first single - family residential building permit for the Rezoning Area. A receipt of payment shall be provided with each individual residential building permit. 27. No fences or walls shall be constructed on lot lines outside the individual grading disturbance envelopes for each lot, and such language shall be placed in the Conditions, Covenants and Restrictions. 28. All outdoor lighting shall be down -lit and shall adhere to "dark sky - friendly" lighting design, and such language shall be placed in the Conditions, Covenants and Restrictions. 29. The centerline of the internal loop road's southern entrance to Silverbell Road will be no less than 340 feet north of the 100 -year floodplain of the Animal Wash, the large wash shown on the southern portion of the tentative development plan and such language shall be placed in the Conditions, Covenants and Restrictions. 30. There will be no grading encroachment into the Erosion Hazard Setback on Lots 18 -25 inclusive, Lots 34 -46 inclusive, Lots 49 -50, and Lots 52 -55 (as identified in Exhibit A) and such language shall be placed in the Conditions, Covenants and Restrictions. 31. All Natural Undisturbed Open Space set - asides shall be protected in perpetuity, by either a Restrictive Covenant or Conservation Easement and such language shall be placed in the Conditions, Covenants and Restrictions. Prior to or upon requesting a building permit for any lot in the Rezoning Area, the Property Owners shall record a covenant, to run with the land, memorializing the terms of this condition. 32. Free - ranging domestic animals shall be prohibited in the subdivision and such language shall be placed in the Conditions, Covenants and Restrictions. {00040632.DOCX / 21 Ordinance No. 2015.003 -4- 1/8/2015 1:40 PM FJC Marana Council Meeting 01/20/2015 Page 163 of 278 33. No backyard gates shall be constructed leading to undisturbed open space areas on each lot or within the two onsite wash corridors and such language shall be placed in the Conditions, Covenants and Restrictions. 34. Upon the effective date of this Ordinance, the Property Owners shall have a continuing responsibility to remove from the Rezoning Area invasive non - native species, including those listed in Exhibit C attached to and incorporated by this reference in this ordinance. Acceptable methods of removal include chemical treatment, physical removal, or other known effective means of removal. Property Owners and future owners of individual lots in the Rezoning Area shall keep private lots including enclosed yards free of invasive non- native plant species detailed in Exhibit C. Prior to or upon requesting a building permit for any lot in the Rezoning Area, the Property Owners shall record a covenant, to run with the land, memorializing the terms of this condition. 35. The Property Owners shall place "no trespassing" signs along the south boundary of the Rezoning Area and signs directing people to stay out of the washes. Section 3. All ordinances, resolutions and motions and parts of ordinances, resolutions, and motions of the Marana Town Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. Section 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 20th day of January, 2015. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {00040632.DOCX / 21 Ordinance No. 2015.003 -5- 1/8/2015 1:40 PM FJC Marana Council Meeting 01/20/2015 Page 164 of 278 nt tive ® Ex hibit A Te v I rent Plea - 7_-k L 'END S '�'` * , .. " �' it "" f • i.. E + a a r ' ----------------- L 0 T - - AI� I - ENV FLOPE . - r / " \ f t F 7 6 - _ �+eA ,4 r a _ �_ . • ' e ,. ! i re xs ol�f at 111 ,_ A R, -e_ r �-_r� PLAI b s T 's �7 = HA7 5 - _ K IF + M ` T r �4 k . _ �� ML 'LF r ' I ,f �I ra a ' Wam Eno *I 200'MIN WILDLIFL CORRIDOR " . r I . —fO I ST'01-W (201 MAX) of a r . M a 1 ,., LI ICI IT r lw b , 4 Pao ALL 2 STORY r - (RED) TURN TO BLUE r V 6 ;- r >w y 1 STO RY PER PLANNIN 54 • 'y G COMMISSION 1 Y k , � 4 1 _ I r X LOTS ELIMINATED PER � f � i ce' - ' �.� �' � d w qq - '* r. {' _ ry PLANNING COMMISSION )'2 7 -r 't - r 36 ' a r -_ _ T' xt . , _ air ` *, 4 132 .4 r -, i _ t u 2 k 4A �' I Tr �. � WWI � ' - -. - .._� t . *��+{ 'M F , �/ '�� y � , ,.a ■ �� �. � r I IL I -Y ! 4 4 . m m r `� '$� "", , t' a- " - y r wi.l�. ..r•..Y a of 278 rz IMPACTED PARTIES 1 6701 N Waycross Rd 2 6745 N Waycross Rd 3 6750 N Waycross Rd 4 6760 N Waycross Rd 5 5660 W Abington Ln 6 6745 N Abington Rd 7 6760 N Abington Rd 8 6700 N Abington Rd 9 5651 W Abington Ln 10 6650 N Waycross Rd 11 5855 W Abington Ln 12 6645 N Waycross Rd 13 5460 W De Green Ln 14 5445 W De Green Ln 15 5650 W Belmont Rd 16 5930 W Belmont Rd 17 5740 W Belmont Rd LEGEND N 0' 300' 600' O NR Subject Property , � �_. ® Impacted Parties Marana Coun n I 15 Imp acted FILE NAM@agpAa6d IaRZa 6x8_CAC- 04.mxd SOURCE: Pima County GIS, 2014 Exhibit C Invasive Non - Native Plant Species Subject to Control Scientific Name Common Name Ailanthus altissima Tree of Heaven Alhogi pseudolhogi Comelthorn Arundo donax Giant reed Brossica tournefortii Sahara mustard Bromus rubens Red brome Bromus tectorum Cheotgross Centourea melitensis Malta starthistle Centourea solstitalis Yellow starthistle Cynodon doctylon Bermuda grass (exclude sod hybrid) Digitoria spp. Crabgrass Eloeognus angustifolia Russian olive Erogrostis spp. Lovegross (exclude E. intermedia, plains lovegross) Melinis repens Natal grass Mesembryon them um spp. Iceplont Peganum harmolo African rue Pennisetum ciliare Buffelgross Pennisetum setaceum Fountain grass Rhuslancea African sumac Solsolo spp. Russian thistle Sch in us spp. Pepper tree Schismus arabicus Arabian grass Schismus borbatus Mediterranean grass Sorghum holepense Johnson grass Tomorix spp. Tamarisk Marana Council Meeting 01/20/2015 Page 167 of 278 Ina Et Silverbell Rezone Change of Rezone Conditions PCM1410 -002 h tj L IM * 4�"M I V 1 yy co Ib Lf I fA MARANA A re b Fidelit National Title Tr 60204 to modif the rezonin conditions of Marano Ordinance 2002.19, adopted on September 17, 2002, approvin the Ina and Silverbell Rezone of approximatel 58.78 acres. The propert lies approximatel 1.2 miles west of Interstate 10 on Silverbell Road approximatel one- q uarter mile south of the intersection of Ina and Silverbell roads. Th is ni ap was g ene rated from the Town -Df M aran a's G I S Web mapp in s e n, and i s tc, be used fof referein ce us-a o n l G I S d ata is constanfl ch an i n g so i-a rs that ap i3e a r Grp this m ap may or mzy not be a ccuuate ar cu rre A d-aperi ding on t1i e d ate an Marana Council Meetin 01/20/2015 time this map was created Pa 168 of 278 F. ANN RODRIGUEZ RECORDER RECORDED BY: b► DEPUTY RECORDER 0503 PE1 SMARA TOWN OF MARANA ATTN: TOWN CLERK 13251 N LON ADAMS R MARANA AZ 85653 DOCKET: 11894 PAGE: 5220 �,� ��' NO. OF PAGES: 6 SEQUENCE: 20021880958 09/27/2002 'q tr aft• ORDIN 16: 3 8 MAIL AMOUNT PAID $ 8.50 MARANA ORDINANCE NO. 2002.19 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TAN OF MARANA ARIZONA, APPROVING A REZONE REQUEST BY THE UNfVE Z ONA RS OF ARJ FOUNDATION, TO REZONE APPROXIMATELY 61.2 ACRE OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 2 TOWNSHIP 13 SOUTH, RANGE 12 EAST, ON THE WEST SIDE OF SILVERB ELL ROAD., SOUTH OF INA ROAD, FROM ZONE "rR- 1 44"" ( SIN GLE FAMILY RES IDENTIAL, MDVDVfUM LOT SIZE 144,000 SQ. FTJ, TO 'PR- 161-1 (SINGLE FAMILY RESIDENTIAL, MII'q��� LOT SIZE 163 000 SQ- FT.), AS SE S OR v S PARCEL NUMBER 2? 1- 4 040-0430. WHEREAS, The UllivcTsi[Yof Arizona Foundation is the owner of approximate1v 61-2 acres of land located in the Northeast Quarter of Section 2., Township 13 South, Ran 12 Ea"Stl� West of Silverbell Road, south of Ina Road., as depicted on Exhibit "Alt, attached hereto and inco . Tporated 1,ereln b this reference and WHEREAS, in reviewing the rezonin re staff recommended to the Plannin and ot Zonin Commission the approva of the rezonin re subject to several conditions and WHEREAS, the Marana Plannin Commission,, after a public hearin considered this rezonin re on June 26, 2002, and voted 5 to I in favor of recommendin that the Town Council approve said rezone, adoptin the recommended staff conditions and WHEREAS, the Marana Town Council heard from representatives of tile owner staff and members of the public at the re Token Council meetinc held September 17 2002, and has determined that the rezon*n in corrforrn't "i'th ihe General Plan and should be approved, sub to 23 conditions. NOWT, THEREFORE, BE IT ORDAINED b the Ma and Council of ToiAm ofMarana5 Arizona, as follows: I Section 1. The zoning Of approximatel 61.2 acres located in the northeast q uarter of Section ToxNmship 13 South, Ran 12 East., west of Sih?erbell Road and south of Ina Road is herebv chanued from zone "'R- 1449'j (sin famil residential, in' i nini ul-n lot size 144,000 s ft. to R - (sin e famil residential, mn=um lot size 16- 0 0 0 s - ft .), A s s e s sorts Parcel Number 214-040-04-3'0. Section 2. The purpose of this rezonin is to allow the creation of sin famil detached homes., subject to the followinor • conditions: C) 4 I • Thiss rezonin is -a] Id for three y ears from the date of ToA-m Council approval provided that if the de�!eloper fails to have a plat recorded prior to the three y ears the propert shall revert to the ori.6nal Zonin withow further action by the Town Council. Marana Ordinance No 2002.19 Marana Council Meetin 01/20/2015 Z� ' Pacr e I Pa 169 of 278 2. Compliance with all provisions of the Tovvn's Codes, ordinances and olic' Plan. p ies of the General 3. The preliminary plat shall be in general conformance with the tentative devel action shall be c apment plan. 4. ArchaeaIogiGal surface inspection conducted and have clearance provided prior to any ground disturbing activiti 5. The applicant shall Provide the necessary authorization and documentation and from th X14 astern Area Power Administration (MIA -'A) with the subsequent plat submittal. 6• The final arrangemcn.t of lots 38 - 41 as well as the design and arrangement g of the access that serves these lots shall be configured in such a way that is satisfactory to the Town Engineer and the Planning Director. 7. Access to Lot 8 shall be from SilverbelI Road and shall be at a location Development Services Administrator, acceptable to the 8. A continuous left cum l ane shall be installed at the applicant's expense along frontage on Siaverbell Road subject g the project site s t to the approval ofthe Development Services Ad m i n i strator . 9. The rezoning site shall be limited to a maximum of 41 lots. The ro j ect' shall not exceed 30 %. .� s moss site disturbance 10. All open space easements, public trails, and/or wi ldlife corridors shall be left ent irely and m their natural desert state excep � nd� sturb�d p for necessary utility instal lati ons, as approved by the Development S ervices Administrator, which shall be revegetated. All such casements, trails, and corridors shall be dedicated to the appropriate entity, acceptable to th Tows and at a time acceptable to the Town. All utilities shall be underground, and all utility trenches shall be revegetated to be identical with the surrounding desert, where practical H. No approval, permit, or authorization of the Town of Maran a auth the applicant arid/or landowner to violate any applicable federal or state laws or ' res regulations or relieves ar�d:�or landowner .Worn responsibility � es the applicant P lty to ensu compliance with all applicable federal and state laws and regul including the Endangered Species Act and the Clean water Act. you are hereby advised to retain appropriate expert and /or consult with ap propriate fade ,- federal and � late agencies to detern PP ne any actions necessary to assure compliance i0th ap plicable lams and regu Iadons. 12. All required fees of the Marana South Transportation Benefit Area shall be aid th in accordance with Ordinance 2001.02. P y e developer 13. No ho on the proposal site sh a I I exceed one I story, !� � , except along S i1 verbell P,oad, nl ch may 'be ti 2 stories. Lots adjacent to the "Pest property line tdp lot numbers 18 31 3 and 7 sha II be Iim iced to a rnax irnuni h+ei ght of 2°0-- feet. however there will b an I Moot buiIdi n C contour line that cannot be exceeded, that will be deter ned based upon the highest existin g elevation in the building envelope. Lots adjacent to the south properl lin td 11.1?, 13 14 15 7 16 and � P lot num hers. 1 ) shall be limited to a maximum height of -10 feet. 14. The prelim es not to exceed preliminary plat for the project site shall establish graded pad envelopes 16.000 square feet, Mth an average graded pad envelope of 14,400 square feet, not including drivew installations. Any g } s and utility y graded area �n excess of 14,400 square feet shall be revegetated to be identical with the surrounding vegetation. 15. There shall be no connectivity between Ik- aycross Road, Martin ale Lane Bridle Way, ay, or Abington Lane and any access point, right of way, road, or lot within the ro'ect area. 16. Combined with Condition 10. p 17. Any grading within areas of 15 % or greater slopes for driveways, walls, or other utilities shall be minimized and require approv by the Development Services Administrator and the PIannzng Director. Marina Ordinance No. 2002.19 s r- ' Pa e ' Marana Council Meeting 01/20/2015 Page 170 of 278 1 S. The developer shall agree to enter an a r -ement ,Fi th the i m acted art i es as F p a specified in Exhibit "B", regarding development standards for lots 12-19 and 31-38 and any encroac undisturbed buffer areas adjacent into to nei ghbors. ue ag�'eernent shall be approved by a major of the d im acte p arties p rior to re � i rni rya impacted p P plat consideration and shall be enforceable solely by I e , rnpacted party or parties as It sted in t c specified attachment. 19. The applicant shall provide an area of undisturbed open sp aloe the southe g m boundary equivalent to the rear setback of the R-144 zone, or - feet wh the 7er i i s greater at the time of adoption, except on Lot 1 S, which shall provide an undisturbed open space along boundary of 100 -feet. p p g +� southern 20. The applicant shall provide a 40 -root setback along the western boundary. The setback back shall be preserved as open space, and any arrea disturbed within this setback shall be re vegetated t0 g be identical with the surrounding vegetation. 21. The applicant. through the Town of Marana normal notif cation rocess p , shalI notify t e Impacted Parties, as specified in Exhibit "B ", if any request is made to rnodi ,. eliminate or add d to the conditions listed herein. 22. The nlinimuzn width of the two designated wildlife corridors shall be 200 -feet and where possible, revegetation shall occur in undisturbed areas beyond the 204 -foot minimum wi dth. 23. These conditions in their entirety, and all associated attachments, shall be included h vet thi parcel for dle current proposal, and for any and all subsequent ro osals re ardin dev elopment, P P regarding e eloprnent, su or rezoning of this property. Section 3. All Ordinances, R esolutions and Motions and arts o f Ordinances, � P antes, . Motion Resolutions, and Motions of the Marana Town Councl I to conflict with the provisions of this ordinance are hereby repealed, effective as of the effective d of Ordinance No. 2002.19. Section = If any section, subsection, sentence, clause, prase or Ort on of P p Ordinance is for any reason held to be invalid or unconstitutional by the decision of an cOu of com . y petent�ur� sd�ction, such decisioij shall not affect the validity of the remaining P ortions hereof � r PASSED AND ADOPTED by the Mayor and Council of the Town of Maran 17' day A rizona, this 17 day of September, 2002. ATTEST: o elyn Ent/ Town Cle AS FO1 Rani el J. H C uli As Town Attorney and not personally M arana Ordinance No. 2002. Marana Council Meeting 01/20/2015 J V Its 0 01: ' Ih ZQ Of AA�� i E MW IS Page Page 171 of 278 s A a qy ♦ - R f Exhibit A All that portion of Lots 1, 2 and 5 and the Southwest Quarter of the Northeast Quarter of Section 2, Township 13 South, Range 12 East, Gila and Salt River Base and Meridian, Pima County, Arizona, lying Southwesterly of the West right of way line of Silverbell Road. EXCEP T iNG the following described parcel: 3EGINNING at a point in the West line of said Northwest Quarter of the Northeast Quarter 17.3 feet South of the Northwest corner thereof; THENCE Southeasterly along the Southwesterly line of what is known as Silverbell Road, following the course of said road, 609.2 feet to a paint; �f fr �r�r w�/ ��� xw wj. w r� wf 1w w 4. r►I►tr�4 1 nE -N%..� Yvewrt 4 r i.t c m - et i� ore u1 M Q LU o V60 9AJL I i L. a fl ^f Said Noftffi Arest Quarte.r of the Northeast Quarter; i HENCE North along Said West line 449.3 feat, more or less, to the POINT OF BEGINNING. ALSO EXCEPTING that portion of the Northwest Quarter of the Northeast Quarter of said Section 2, conveyed to 41.R.C. Nourse by Deed dated March 1, 1949, bounded and described as follows: BEGINNING at a point on the North and South center line of said Section, which point is 30.35 feet Southerly from the North Quarter corner of said Section, said point also being the intersection of the North and South center fine of said Section 2, with the Southwest right of way line of the Pima County Silverbell Road; T: 1"&" in o Southwesterly direction along the said Southwest right ofway line of said SilverbeIl Road. a d istan ce of 115 8. °0 feet to a point; THENCE Westerly and parallel with the North fine of said Section 2, a distance of 770.0 feet to a point which intersects the North and South center line of said Section; ' THENCE Northerly along the said Noah and South center line of said Section, a distance of 800.20 ;eet to the P OIN T OF 3EEGINNING. I Marana Council Meeting 01/20/2015 Page 172 of 278 r Me Rep 1p w _6 Mpg dP 41 T N lilt O -J) I. q % I q fi r I d 41 �4 JL P- .1�1. r: L r P r . % 4 7-� T77 p a % d gdp 4, r . r [clei pj Estill 9 F 9 19t .r . _V d EA + r 0 9 9w F I- (W Ol ? 1. F L.7 F qp IF - -, h t. 16 +p r i '� �.�� t y.tia , ,+ r .9, 9 d ' k F d % 9' L A d 9 p M2 % w L W Y t ;2 w 31- F R. gr % LY- 9 + .9 9 9 4 A r + v V. r + • r 0 F 9 1 % A + LZ F - iti.ly �h r eo. ter 7�'.a r P -Y L I . r - t I I I • p .1 Ill ", ' r 11 1-r . L 0 , - . . . w li L �V cj r r I P 49 j % F'S � - I - f 9 ; r 9 % 9. -%Wd 4 'ek • 9r I i � �,,% 9 fop I i P 9 iir tq • rpAq j 0 " I . , - _ . , � : P. ., I C L I%b. V r 9 i Ellu , j " 1 - .: . � -,r,' j 9 :9- 9, 'L. 9 p 9 ■ Lik d- IL' flh 9 F' Lllj V 9 4 1 . , .9 1. 9 j 4 r 91P 9 ' Lr 9 0 P J. L 0 9 9 9 n ��. r bi- fj 't". - P P,- w d. C11.1 2 JL L 9 r I r k % IN,? r L U .1 . 0" 1 1, 3-1 L? 1. q,'%'r., % 9 -L-- q 1 % 4- 'p 9 A 1 9t rp 9 r -.9 1 9� IF. -9 r 9 - IL, *I � M L.; * 9 • r . b _ .,,.. 9 ■ 9!_ - f I 4. 1 1 4 L _ r ..: 9: 4' 0- - IF [L - 4 L fell - , � j l , L - � ` �'% - -'r- . .' \ - q j . - I % P 9 f L! 9 �b&4 9 9 F k Ill- L. - r1l F- 4.1pr% .4 e ...4 Fir r .JP r -(' :� j j 7 r 1-, _%; 9 9 9-� I . : . I - - _; . . 1 .1 r 4 (i I � 5 ." t �- , N 4 F 9 - -,7 9;.t r, 9 . k F P. "q J ..9 6 . 1 r. .9 L*-- tl �7- F 4 , f L7 % % 9 . , j L. a P , - , . v P1 rI -, _ , _. %. - -, - -, LL I "o A .:o 4 , - - 1 j - . I P. 41 % T j.�k L!.,i X_ : & 1 ,;I: C 4. I i r. r.,- J k 94 • .1 91 91 r Lr 'L + - p r 9 41, 4 J� 'W 1. 4 A , , I -, ;�; �1 I b 0 1 1,% L _ �r 9 9 1, r &F "*�L,i I ♦''. , 9 9'. r 9 9 L r d L L . Wk 9bilre V L�1 1 11% L '�L ram -9k V. L - 7 X � T...; . 9 d I 7j �q -4 9 9 fL f 9. 9 , . . I I � 0 .1 % % P 'e'; L P, A 9e 9 9 y 9 �,3 A' - 7.4 A 9r %4% 1 911- 9 L 9 - k 9 9"i L.5 % 9 r .9 T- 9 1 - : .' j I - _- 9- . , % X , r A ! - . . : . '. . - d - I r I L. 4 rL L L . 0 . - _.., , , . - - P r, r N . , r L r % - - ?� � I I n ' L 1 . 9 I-Cl . r j L � '�' j L. - Ill 4A S :4 % . I 9 I+ 1 0 9 0 if - I , % - .1 . , 4 - - I � . 9 9 . 4 Ir , j % jw� % L � r 11 1 . _ . 'L - 3 : - -- o 9 9 ;• ;� d• +• __ �� �JL Y 0 , . . 11 , 1 r- . L . L 19 L L - Al J 0 L % , j I L ,; , 9 9 1 9 L' 01% , ,.L a 6'449 % 4 L - %. 1 1. . ... - h L . : - - , . . . . .. ' I . - . . . . p % 9 L 0. 1 1 4,'. -A-L '%-pq%4 16 X k + 9 9 + I L P9 9 ' % L, t , - ' ' ' ' , ■ , . , . _ . . . , , , . , F - I . . : 1 � , r. �6 1 9 1 ., - % 9 9 7- r 7 % 9 % % : . . . % . . . . . - . I % 01 L 9 L P . 9 r r +W 1 0 9 9 , % I P . 9 W I L P: lL 11 • 9 L d 9 -4 1 9 % L `; .1 9. L _ 41 % F 9 9; 9 9 r 9 1.0 + V - F 9 'L I r I , J . ' . 11 :: J .-I 1,ll q 01 1 ' ' L 9f 9 L % r % F L %1 q,9 b or L • 9 p r r 3 L 9 ir r 11 L % I % L L 9?, 7 C 4 9 F I + 1L P r 9 L T 9 id fr L 9 _: r I - j , 4 9 9 9 L % % IL TF P .4' 1 0 1 ,r - L 7 I .4 0 . 'N . + 17 F l. 9 ti Id 1 4" 1 9 L 9 _1 9 9 + 9 1 P 5F. P - lag r r r 41 + J - `1 r.6, L 9 4 _9 % r . 9 , f L 91 9 V L 9 ' 9 J.- 9 r 9 . 1. % dl L 1 9 'L 9 � LL N k 9 lei 9, T -C F Lr 4A 5 d - %..- ' _ F b F. . r2 21 r f 4 1 � 1 9 L 9 Z. 6 % t 1 9 L jj � F 9 r r 9 9 % :4 1 V6._ F I L' . L' L % ki. J � : t '. - .- 4 .. ---, % Ar _L 1 Ll ± s. ,J.; JLr_ 1,' §p [ I J 0 1 h t 9 4.1 r 9 . w 9 � La E;4 L J'L 94 .7 T 9 % r % 6 *, T , L " "' , 4 9 4' 3 L r96 i&j r 9 �6 l' r. A 1 9 V, �b % L P % tj - 4 - T I:rT7' .f 9 141 -d I L '16 9 -4 % . long I % k - mf , :*W41 Wyal 1. 111E w w 0 c 0 CD CD 0 N 0 N 0 Al cn 0 0 00 6760 , Vv Ay -- ~` r 6750 N WAYCROSS .{' 645 N SAYS 6761 N WAY e W ABfNGTON 6645NW� - � AYCROSS - 0 Wit. 2 N ABINGTON_� 6760 N ABINGTdN 6700 N ABiNGTON X 5460 W DE GREEN N W E S IMPACTED PARTIES 5660 W. A61f1 9 1 - 0 1) Ltl 6650 N vcro 6745 N Wa cros 5330 W Belrrion f 5651 W A xf) . lon �� � 5445 W ❑eGr'eerl L n _ 5855 W. A5Jr1 toll Ln 6645 N Wa cross 6701 N W a crass Rd — 6740 W Belmont 5650 W Belmont 6750 N Waycross 5460 W DeGreen U 6760 N W cross 6745 N Abin [ors Rd 6760 N Abin (on Rd 6700 N A rig ton Rd _. Fs.MaNr ROAD - 5930 W BELMON� i 5445 w DE GREEN p - - -L�_ -� - 5 651 W ABINGTON - - - 5740 _ 5 {�� ~ � -- - _W BELMONT 650 i - - � VY BP I AA� 1 1 5 300 e „ 11 H 11 1 I1�H� 'l l�lll �If �lf� `fll�l Iflf1 }f EXHIBIT "g•• impacted Parties iC47 ajou;') THE PLANNINGCENTER o division of !PC Group, Inc. October 21, 2014 Mr. Ryan Mahoney, Planning Director Town of Marana 11555 W. Civic Center Dr. Marana, AZ 85653 Attention: Christen Bilow Subject: Ina & Silverbell Rezoning Change of Condition Request Dear Mr. Mahoney: This letter is to respectfully request that Mayor and Council remove the rezoning conditions # 6, 7, 9 and 13 from Marana Ordinance No. 2002.19 approving a rezoning of approximately 61.2 acres of land located on the west side of Silverbell Road, south of Ina Road from zone R -144 to R -16. We ask that this request be placed on the Planning Commission Agenda for December 17, 2014. Condition #6 stipulates the final arrangement of Lots 38 -41, as well as the design and arrangement of the access that serves these lots. This condition is not applicable due to the renumbering of the lots within the proposed development. We request the removal of this condition because the configuration of, and access to, Lots 38 -41 on the Tentative Development Plan was redesigned and approved per final plat PRV- 03070f. Condition #7 requires that access to lot 8 shall be from Silverbell Road, and shall be at a location acceptable to the Development Services Administrator. This condition is not applicable due to the renumbering of the lots within the proposed development. We request the removal of this condition because the configuration of, and access to, lot 8 on the Tentative Development Plan was redesigned and approved per final plat PRV- 03070f. Condition #9 limits the rezoning site to a maximum of 41 lots, and allows a gross site disturbance of no more than 30 %. The maximum gross disturbance of 30% was stipulated due to the status of the cactus ferruginous pygmy owl as an endangered species. The owl was delisted in 2006 subsequently eliminating the 30% disturbance limitation. Additionally, the economic downturn has resulted in a shift in housing demand for smaller, more affordable homes. Although eighteen additional homes are proposed, only an additional 15% disturbance is a 110 s church ste 6820 tucsan az 85701 0 520.623.6146 f 520.622 � 1950 Marana Council Meeting 01/20/2015 azplanningcenter.com Page 175 of 278 requested since proposed homes will be situated on 10,000 square foot building envelopes to maximize the amount of open space on each lot and throughout the entire subdivision. With the inclusion of the 200' wide wildlife corridors along the two on -site washes, the amount of proposed disturbance in the new site plan conforms to the recommendations in the HCP, which designates the site as Zone 3 with 40 -70% natural undisturbed open space (NUOS). We request the removal of this condition based on conformance with the recommendations set forth in the Marana HCP, the delisting of the pygmy owl and the demand shift in the market for new housing as a result of the economic recession. Condition #13 states that no home on the proposal site shall exceed one story, except along Silverbell Road, which may be two stories. The condition was written with the intent of protecting the views and privacy of adjacent existing neighbors. The previous condition is unclear on what constitutes as homes "along Silverbell Road ". Under the strictest interpretation of the condition, only the lots depicted in the Tentative Development Plan along the Silverbell Road frontage would be allowed to exceed one - story, resulting in a mere 8 two -story homes and only 7 under the newly proposed Preliminary Concept Replat. Additionally, two -story homes will be provided per direction from Town planning staff. We request the removal of this condition. The proposed development will provide single - story restrictions along the west and southern boundaries in accordance with those shown on the Preliminary Concept Replat which reflects the direction of planning staff to honor the intent of protecting the views and privacy of adjacent existing neighbors. Condition #19 specifies the minimum setback requirements along the southern boundary of the project area, and specifically references Lot 18. This condition is not applicable due to the renumbering of the lots within the proposed development. We are requesting the amendment of referenced lot number 18 to reflect updated numeration of the new Preliminary Concept Replat, which is number 56. Condition #22 designates a minimum width of 200 feet for the two wildlife corridors to be preserved on -site, but states that revegetation shall occur in undisturbed areas beyond the 200 - foot minimum width. This condition is confusing and needs to be rewritten. It implies that undisturbed areas need to be revegetated with species that may or may not be native. We ask that this condition be amended to remove or clarify the intent of revegetating undisturbed natural open space areas. If the goal is to supplement existing native vegetation in certain areas, those locations need to be identified and specifically called out for augmentation. Attached to this correspondence is the Preliminary Concept Replat for the proposed project based on the requested removal of conditions 6, 7, 9 and 13 with amendments to conditions 19 and 22. Marana Council Meeting 01/20/2015 88 Td�_PLANNINCENTER c1 alv'11i,r ' of TFC: Group, Inc. Page 176 of 278 The Preliminary Concept Replat utilizes the same roadway configuration as approved final plat PRV- 03070f with the addition of a complete cul -de -sac in the southwest corner to meet the Town's Subdivision Street Standards. The required setbacks along the south and west boundaries will also be shown on the Preliminary Concept Replat. We are prepared to meet to discuss any questions you may have regarding this request. Please feel free to contact me at (520) 623 -6146. Thank you for your consideration. Sincerely, Brian Underwood Project Manager Marana Council Meeting 01/20/2015 88 TdE- PLANNIN CENTER c1 alv , 11i,r. , of TFC: Group, Inc. Page 177 of 278 f or ^"awu°` Sonoran Desert Protection 30E_Onlmsity Blvd-. Suite 1oD Tucson Arizona 85705 p(5oo)388-99oo~f(uzo)7s1-noe www-som«mmdvsvrLorg December l6,2Ol4 *azu"c��m,Law Mr. Thomas Schnee, Chair /= the Public Interest Town ofMerene Planning Commission Arizona Lea ucome=°mn Voters Education Fund llS55VV. Civic Center Dr. Arizona Native Plan Societ Merene,AZO5G53 Bat cc"^",°°oo","'e,"a"o"", c�cabe/o"ns°'°uFo" RE: PCM1410-002 Ina & Si|verbe|| Change of Rezone Conditions Association Center m, Biolo D'w"u, cen°^"Envi"��o"tall Dear Chair Schnee and Commissioners: uon"=�ns Center m,s"./ro" mental s.^,". Defenders of Wimlife Thank you for the opportunity to provide comments on the proposed Change of Rezone ���watc^ ,h �w�^/�m�� Conditions for Ina & Si|verbe||, being considered by the Commission on December 17 . The s��� Fa Coalition proposed Change of Conditions amends a rezoning that was adopted by the Town in 2002. Env .ui,�." Lai and Cultural u��vationo�anizaoon | am writing on behalf of the Coalition for Sonoran Desert Protection. Founded in 1998 and Eov i"�m="Law Societ ,,.e"d,mcabenr,/eta comprised of 41 organizations, the Coalition works to achieve long-term conservation of Friends u,ro"°o°^Forest biological diversity and ecological function of the Sonoran Desert through comprehensive Friends u Madera mn on land -use planning in Pima County. Friends a Sa National Park Friends u��ollu" This — 60-acre parcel contains important habitat for wildlife movement between Saguaro Gates Pass Area Nei ba'h"od National Park and the Santa Cruz River, primarily through the Animal Wash and Association wmm oeec!51S«^ncm undeveloped swaths ofland on existing developed parcels tothe south and southwest, and Nei bo'xood Coo ^`/o""' directly east to a Pima County—owned parcel, which in turn provides wildlife connectivity ore"~~m=^D" directly to the Santa Cruz River. Northwest Nei ^x/""ce Protect Land and The configuration of development on the parcel as approved in 2002 was not conducive to Nei borhood S°m=ml Rea ^w�2rs hod protecting wildlife movement. As such, the Coalition has been working with the property sd"=/D" Tea "` owner's representatives in order to improve permeability through the parcel over that Save the Scenic s°n=m*"` provided by both the proposed Change of Conditions end the original �OO� rezoning. We y°�c����"�c��" � ' ch"'te' also conducted two site visits to the property. The result of this collaboration has been Sierra c/°m-u."co"oro"p submitted as Exhibit /� updated Tentative Development Plan and reflected in the revised mmW�/w=�"m�m�= Sk Isla "uAl/ia°ce and additional Conditions, listed below. S Isla "uWatch Societ for Ecological The Coalition is prepared to support this request and the lot configuration as proposed in R""to'a`'on Son Man ^*^Mpod the updated Tentative Development Plan, dated December 17 2014 and entitled Exhibit A Studies mm�te (etteched). This updated Tentative Development Plan was developed cooperatively with the Son �anm��"/mreGuild Soum°""°rnofollogica/ property owner and Coalition representatives and is e significant improvement over the /""�° original development plan. To"ol" Horn =°n" Association Tucson Audubon Societ The Coalition respectfully requests that the following language be adopted as Conditions: Tucson Herpetolo Societ Tucson M=nm/"^^`"oc/"`'"" 0 The following will replace Condition 3: The preliminary plot shall be in substantial mI dian* Network "^/e conformance with the tentative development plan (shown as Exhibit A). ������= 0 The following language will replace Condition 14: The preliminary plat for the project site shall establish onn/ninunn lot size of16,OOOsquare feet, with on average graded pad envelope of 10,000 square feet, including driveways but not including utility installations. Pad envelopes will be graded individually. The 5D.78 acre parcel will not be Marana Council Meetin 01/20/2015 Pa 178 of 278 2 mass bladed. Any graded building envelope in excess of 10,000 square feet shall be re- vegetated with vegetation identical to that existent on the site. • An additional Condition will state: No fences /walls shall be constructed on lot lines outside the individual grading disturbance envelopes for each lot and such language shall be placed in the Conditions, Covenants and Restrictions. • An additional Condition will state: All outdoor lighting shall be down -lit and shall adhere to "dark sky friendly" lighting design and such language shall be placed in the Conditions, Covenants and Restrictions. • An additional Condition will state: The centerline of the internal loop road's southern entrance to Silverbell Road will be no less than 340 feet north of the 100 -year floodplain of the Animal Wash, the large wash shown on the southern portion of the development plan and such language shall be placed in the Conditions, Covenants and Restrictions. • An additional Condition will state: There will be no grading encroachment into the Erosion Hazard Setback on Lots 18 -25 inclusive, Lots 34 -46 inclusive, Lots 49 -50, and Lots 52 -55 and such language shall be placed in the Conditions, Covenants and Restrictions. • An additional Condition will state: All Natural Undisturbed Open Space set - asides shall be protected in perpetuity, by either a Restrictive Covenant or Conservation Easement and such language shall be placed in the Conditions, Covenants and Restrictions. Prior to or upon requesting a building permit for a lot, the owner(s)/developer(s) shall record a covenant, to run with the land, memorializing the terms of this condition. • An additional Condition will state: Free - ranging domestic animals shall be prohibited in the subdivision and such language shall be placed in the Conditions, Covenants and Restrictions. • An additional Condition will state: No backyard gates shall be constructed leading to undisturbed open space areas on each lot or within the two onsite wash corridors and such language shall be placed in the Conditions, Covenants and Restrictions. • An additional Condition will state: Upon the effective date of the Ordinance, the owner(s)/developer(s) shall have a continuing responsibility to remove invasive non - native species from the property, including those listed in Attachment. Acceptable methods of removal include chemical treatment, physical removal, or other known effective means of removal. Lot Owners shall keep private lots including enclosed yards free of invasive non - native plant species, including those listed below. This obligation also transfers to any future owners of property within the rezoning. Prior to or upon requesting a building permit for a lot, the owner(s)/developer(s) shall record a covenant, to run with the land, memorializing the terms of this condition. Invasive Non - Native Plant Species Subject to Control Ailanthus altissima Tree of Heaven Alhagi pseudalhagi Camelthorn Arundo donax Giant reed Brassica tournefortii Sahara mustard Bromus rubens Red brome Bromus tectorum Cheatgrass Centaurea melitensis Malta starthistle Marana Council Meeting 01/20/2015 Page 179 of 278 3 Centaurea solstitalis Yellow starthistle Cynodon dactylon Bermuda grass (exclude sod hybrid) Digitaria spp. Crabgrass Elaeagnus angustifolia Russian olive Eragrostis spp. Lovegrass (exclude E. intermedia, plains lovegrass) Melinis repens Natal grass Mesembryan them um spp. Iceplant Peganum harmala African rue Pennisetum ciliare Buffelgrass Pennisetum setaceum Fountain grass Rhus lancea African sumac Salsola spp. Russian thistle Schinus spp. Pepper tree Schismus arabicus Arabian grass Schismus barbatus Mediterranean grass Sorghum halepense Johnson grass Tomarix spp. Tamarisk By adhering to the site configuration as depicted in the attached Exhibit A, and with the adoption of the above revised and additional conditions, the Coalition is prepared to support PCM1410 -002. Thank you for your consideration. Carolyn Campbell Executive Director cc: Cynthia Ross, Planner II Ryan Mahoney, Planning Director Attachment: Exhibit A. Tentative Development Plan Marana Council Meeting 01/20/2015 Page 180 of 278 n 11 , . r` , �,�, . ` .._ 5 t.� �" .11, { � a � ,8!! .. ar • - - 'fir : _ . -' 'rAi E -' ° -,' -... - +t',r - "w �y, '� -. -•-` i t >• ;Y - - 1 . k.. •. _ lit � ". ':`� ' , ��I �(, r � -. -j.: �. '. ti�i�•.�.,arn _ . l _ r..,, w � .. _ .�4• IF ws' �'• _ � e� � � .��.���1 � .i r, � y:��l',yfL '.�i � _ �i a# r i " 1 1 ° , � 1 rr. �, • , ;. . -. � - °� w �K.� *. � � • S -_, Ir , s '! . 'FBI � � • � i . . � `�� �dF 1. . . - '4 1 r :' ■ ' F ,,, 1 d d 1 W f lrr ,r i • Y u - y.rr q _. - _ s _,_ l -°'p r�. -., .� ° �. ` : ' - ,� r y •. ,,�!' �* e., Ay,: -d. • �.. °�.�. *¢ p. r. -: ME � 'w S r ,u" `.t ' y _ ` °a �,.� ti• .. -��, � All ' 4a • " �i a x _�.� . r - E 9.: +'A': `�•_ +•• 1- . '.ga - '-`.. r ° "�J _ ,�� 'Bodge 1 }te , i ' _#"•°If F s y �7E..i �� �. ' k i 4•i rq i _ ` 1[ - 4 .: ,� ?v . �.,` • �," F ■ l I.�. 1 a� ' R �'r = a .r � • IM,'_ �` • ' . , _•� ,_ � �,, . r ' ir, r •i��I�r '-'� , •.^, , - e � `�'R� - � I 6 "i + � w, s,'� �' r " " � -,. a '' '1 # ', ",.,+e , 4 j. � fi � , .r• •• - � �- ,= �' ; � -� '� a -. � a,+' - , • `k • '+'� '� c,^` ":. R�, '.G • '- i { ! !, � T •• - 4 ti.._ -,.. ... -:: _. yY_'°s- ,. , ..;,�+, r I�r . saw ° n. rS..•r - ,ti', ° �' _ �+'�,^ "�7' �` '=� °� '... _ �Y �•. � .�:1 ,�. �r?�}+ E a r F•_' Y �'t• Y �! 'S• �'�': r r-., +f �, I } w r� ',�.. ` 1°'F " �'_•+..�.I, �:,: _ IL - F •s ` "r►'yP° !� El. -•; u .yr •>r -- r • _ a ` - °- Y •ak - . • # is . �^ � R' ��. , -. . �i ar . y , IF w - _ r ir e -S + r 1 9 •.: =, 56,728 SF - - �' i 'S 't - rt'.. _ - _ r ! + .. N' • y e• , � ' . S _ �P 71: °,•'�. • �•R � ��• �' ...� 4 s _ • � , ', ; Z fir, ." a � fit! d� �' � � ' , - � I �,- Lu _ y . y 4 K • �r 14. '� , i F 5 r N . B II z r' f i - i x „ , �n �, • 46,885 SF � r -., ., _. :_ '• .: - r - M qr I S4 • !.t 21,321 SF ( a F _ , n. • y 44 x ._ boo .. 20,0 Felt figr ° - 779 . 4 - 6,089., SF l4r. * F r s rY',�' , rte xL. #'a �� x ti + ° '� 1 _ *, 4 • ° p y am,• . , a ' 1 * _ .ar ��e• , !�•. •r 57 , ..o. 44 -- - . -' - 444 °.+ ,+ __ ,yII ! :aw.'_+� - ^ti y, Y . - �1leh -'. . +' �� + ' ,' - _ ' "' : * %k %k k R' 7 y . �'*. ` +- - 7 • F * r 7 ei _ 2 SF a �a r- '#+# 3 r �• , .4- 10 5� �r �� #''"'' °1 y.f ' OYRFLOODPLAIN 0 a jp� � _ 48,889 SF ,, •w {'.a'r't , ,�_ !� �',� _ ��e. ■�',` .-'�� - P �< M ,+ 1 1 r,• } , r.' v ti EROSION HAZARD SETBACK 0835 SF 15 .•x' E ., i, .'k a + T ! 1�'� �• R - - ,* ..'� �• - • ! '!� + ,€ 0 L ,a;• ,I I . 42 " ' 1 r. IF 15% OR MORE SLOPES 0 F n y Y yy }�. * 44 1 d:� r i s �a� s°.f ° °,"' '1.1f b?_ , ., a 9,� • *r 1, ROADWAY 56 a -. q_ R 40 w 7,588 SF e * 'i� ; r5 / °w`r'k +@° 1 -� a 4►T y . ' 14 Nr a '1 , ti : e - r `'K . r ' *1 x CORRIDOR -' 125,501 SF ,I 4 59,596 SF 4 I 6,011 SF I�iry .� ■ ° M: !. �; 579 SF r } �L4Y�. + �a FEMA ZONE A - 4 _ *4 §p! - 1 i �rT r ■ 7 - ' -- -� -� 1T4 , F . :. # a �+ - �P� " Alw* aaa. "', �„ , .. J Y IG O 1. .. 1 � �,. s y 53 ' . ,� G RAD I N G ENVELPE A X AII • _ I •, , r • � r ..30,908 SF_ 8,802 SF ' 1. �, rt rr '° ��� .,�., � , 1 0 MAK • 1 t .; j ; ,il ` y -� � . ' LIMITED TO 1 STORY 22,600 SF i . - 4 .a 1 a ■ `(.: c1 , i °� 54 , . - •, ' t. i' fir" { J - :�� r f ` LI ' • v. - ' 23,532 SF ,, ' , .. ' �' . ' ' rr -,. . • - :: +' r ' LIMITED TO 1 STORY � 2 39 3,1 , ~ g 6,032 SF te r , , 1; �" ■ .ti,�1F� L_ i r 'r 2- STORIES ALLOWED - r „ - '.. w, ,a * ** •, '�"... ° .,, C.i... - y °. 1 .. '.` ... - ".. • 1r °l 1 11 - .�.� .1 E v •. -_ . t . 55 w 8858 3 * 3 SF y� �� .,. '° - .. " 8,286 '� 7,759 SF 37,36 SF ± +° °E _ 4 * SITE AREA =58.78 AC (2,560,371 SF) lye # * •1 . #° . Mme. `�5. j ,: TOTAL DISTURBED AREAS: 1 O 34,763 SFe . y; j I a•� r y- ';yep, .i ROW AREAS AND PRIVATE DRIVEWAYS = 228,DOD SF a. +r ",. 3 444 44* 1 4 J- To 21,27 SF I �"" * 9 ', , • } =' t�.. DRAINAGE STRUCTURES /ROW DAYLIGHT ASSUME NO CHANGE d 35,726 SF 44 r a ": +. 7, _ .r,gr ( ) =130 DOO SF 12 ^ _ i ! +'+' *. PADS AND DRIVEWAYS: 10,000 SF PER LOT (AVERAGE) = 590,009 SF 7 ` : 28,987 SF +:' , , �'r� Irk �.rr, +, ,'t TOTAL - 94 F # 8,00 0S I " %AREA DISTURBED =37.0% ' • .�' - "v__ '° ,. ell ° y_ � I 7:. �. - r � ',. y �'�_ 1 � - A�� al °___ .._ • i ;. 444 ''�4 *4. ° 4 k, - ` �� 1 �' . •Y/� f ,. f� 21 " / � ,� � • ` + ° '�' �` � ' '° � -{ • The follawin lots will re wire a FIc14d lain Use Permit .I 36,990 SF n F 1 �. .dr ° 11���,.i a b!p 30,441 SF 22 i ,456 SF - - Ir ; -,� jy, ,'�J °Y'Mp It r Lots within E rosion Hazard Setback Line: 19,1 SF 9 0 . , 4 a� },.+� , _ _' a ' ,, - �! " ` ' `,c: er', ' s �' t ° -'' ` 35, 36, 37, 3S, 39, 46, 41, 42, 43, 44, 45, 46, 47, 50, 51, 53, 55, 56 / re _ - __. , _ , F * � ' «1 Mm ' Iil �' Lots within FEAlIAZone A: 35 a _\ :, 444 *44" - � �} :1'e k rr �'�: Alone • �Y , _t 3,171 $F ..r, ` .p - 22 I p ° +i� �,a� '�'.. '�;+ 51! ,d'S =I � - - .T� - -�1• �. 8, 6,205 SF _ . ak = . * , .���•.� •1 T 21275 sF w r ' r•._ h•ti ; � � .. 17 971 SF , , :._ 18,741 SF .. ,I y +�� hF �.I�a �' r ,� , • �' a ,#�`,;# , °► ,r 34 - M EXHIBIT 'A' ar h 1R" . 28,422 SF °�--•� - 24 4 zt� ` "1�'���,� _ , :. ° •" I '18,067 SF �..�. - i cy i . t j� i11,'.'�' #il � �Ir ��,�,ti'�° ,�: ,,r�Sa�� °: o let`s rj" ` y • r f` .�7)y � +-� i. * °y " d1 # -y f l y►. -y ORACLE ENGINEERING G ROUP. INC. 'IZ` 3 ' 199 E F T LoYe TE f 0 1 29 fi y, } 29 p � ,, 'P I: ►, r ` lY 1r nR l M ~ "LIN az 11:FIF (rol e9� 111 25,547 SF 28 • 27 26 -' , " - ° - - ,1 - ' J, r / • r� 22,927 SF >� °� •. 'r, .; � _ ,,X r _ - 41,098 � SF . .- 4 4 • _ *.. -. - .. - - .;.e'r y ■ - �, a� ; Ni 14. _ PRELIMINARY CONCEPT REPEAT . . ` UNDISTURBED #. �;• ;: MIR 1 , ti - -- - - - -- : -�I NA & SIL EBBELL + UNDISTURBED x. _ A .7 .a& � _. _,' .. � .- E °, _.: ''� -:. !r. 8f LOTS 1 7HRU 59 ti J_ mugs 41K kv U . � A Portion of the SE 112, Sec. 2 , ., �. V '.' b , . � + � �, - - - �� • or __ T13S, R12E, C &SRB &M, Town of Moreno, Arizono I5,' FIELD BOOK NO. DRAW Na NUMBER- e I _ I .. _ .. ,. ,. ,• t , �r_ � . '�' 4 ., � ,v ._ • � � ,_ _ �,,,,J,� 4 MK T 10/14 . m , r _ `# _ - ��� eating 01/° 0l20� fE f +_i" �t y` i eF - Y Y 1� r • _ - - _ DRAWN BY 181 of 278 r' ' •, MK7 0/14 �. f Y. s • ! •- •i,� ,{ + .' 4 ECUED DY DATE: SHEET OF SIW - _ - Ti PS 4 /1 RI PCM1410-002 INA & SILVERBELL REZONING CONDITIONS COMPARISON OF CONDITIONS AS PRESENTED TO THE COMMISSION ON DECEMBER 17, 2014 AND THOSE PRESENTED TO THE COUNCIL ON JANUARY 20, 2015 The Legal Department and Planning Department worked together over the holidays to create a standard rezoning ordinance template, primarily to simplify and standardize the ordinance and rezoning condition language. The ordinance for the Ina & Silverbell Rezoning uses the standardized conditions from the new template, and makes revisions to the list of conditions of rezoning as recommended for approval by the Planning Commission at its December 17 meeting. The following table compares the list of staff - recommended conditions found in the rezoning ordinance draft presented as part of the Council's January 20 meeting agenda materials (the "Is" column) to those recommended for approval by the Commission (the "Was" column). The condition designation in the "Was" column corresponds to the designation found and explained in the "History of Rezoning Conditions" document provided as additional backup information for this agenda item. Is WAS EXPLANATION 1 B2 Effect on prior and existing ordinances expanded to include all applicable fees and impact fees N/A B 12 Marana South Transportation Benefit Area condition deleted; it and all other impact fees are now covered by condition 1 2 D3 Standard tentative development plan conformance provision, using words and phrases defined in the ordinance 3 C6 Standard drainage report condition, using words and phrases defined in the ordinance 4 B8 Special condition of this rezoning, resulting from already - completed and approved traffic impact analysis, using words and phrases defined in the ordinance N/A C5 Standard traffic analysis condition deleted. The traffic impact analysis was completed and approved for the existing subdivision. The small number of new units will not require a new traffic analysis. 5 N/A Standard water infrastructure and phasing plan provision. It was inadvertently omitted from the original ordinance and from the staff - recommended conditions. 6 C4 Standard master sewer plan provision clarified by using words and phrases defined in the ordinance and re- worded to conform to current standard procedures 7 Cl New standard condition to require construction and dedication of any facilities as identified in the approved traffic, drainage, water, and sewer plan. Old condition C 1 included this language for traffic infrastructure, but the requirement was implied for other types of infrastructure. Now it is spelled out. 8 C9 Standard requirement for gated or emergency access to be reviewed by Northwest Fire District, clarified using phrase defined in the ordinance 9 X9 Special condition on lot count and disturbance, unchanged {00040694.DOCX /} - 1 - 1/8/2015 3:58 PM FC Marana Council Meeting 01/20/2015 Page 182 of 278 Is WAS EXPLANATION 10 B11 Standard State or Federal law provision, using words and phrases defined in the ordinance 11 C8 Standard water rights transfer provision clarified by using words and phrases defined in the ordinance 12 B4 Standard Corps of Engineers provision clarified by using words and phrases defined in the ordinance 13 C3 Standard no further lot splitting provision clarified by using phrase defined in the ordinance 14 AB5 Special WAPA condition clarified by using phrase defined in the ordinance 15 B 10 Special non - disturbance condition, unchanged 16 X13 Special height provision, re- worded and clarified by using phrase defined in the ordinance 17 D14 Special grading provision, re- worded and clarified by using phrase defined in the ordinance 18 AB 15 Special access provision, re- worded and clarified by using phrase defined in the ordinance 19 B 175 Special grading provision, no change 20 B 19 Special "no disturbance" provision, clarified by adding reference to Exhibit A 21 B20 Special "no disturbance" provision, unchanged 22 AB21 Special notification provision, with wording clarified and adding phrase defined in the ordinance 23 AB22 Special wildlife corridor provision, unchanged 24 AB23 Special applicability provision, re- worded for general clarity and adding phrase defined in the ordinance 25 C2 Standard residential design provision, re- worded to add word defined in the ordinance 26 C7 School funding condition, unchanged 27 E 1 Special fence and wall provision, slightly re- worded for general clarity 28 E2 Special outdoor lighting condition, with minor grammatical revision 29 E3 Special loop road location condition, slightly re- worded for general clarity 30 E4 Special erosion hazard setback grading provision, clarified by adding reference to Exhibit A 31 E5 Special NUOS provision, slightly re- worded for general clarity and to add phrases defined in the ordinance 32 E6 Special free - ranging domestic animal provision; unchanged 33 E7 Special gates- to -NUOS provision, unchanged 34 E8 Special non - native species provision, re- worded for general clarity and to add phrases defined in the ordinance and to add reference to Exhibit C N/A CIO Grading permit condition, deleted as unnecessary. This is a general LDC requirement N/A XC 11 Floodplain use permit condition, deleted as unnecessary. This is a general LDC requirement N/A C12 Hillside Development Zone condition, deleted as unnecessary. This is a general LDC requirement. {00040694.DOCX /} -2- 1/8/2015 3:58 PM FC Marana Council Meeting 01/20/2015 Page 183 of 278 Is WAS EXPLANATION N/A XC 13 Hillside Development Zone average cross slope condition, deleted as unnecessary. This is a general LDC requirement. 35 X. Special "no trespassing" and wash signs requirement, re- worded for general clarity and to add phrases defined in the ordinance 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 and payment of application fees and applicable development impact fees . 2. I 2 . Any preliminary plat or development plan for any portion of the Rezoning Area shall be in substantial conformance with the tentative development plan (shown as "Exhibit A4 attached to and incorporated by this reference in this ordinance) presented to and approved by the Town Council as part of this Rezoning 3. C A master drainage repaft tudy must be submitted by the Property Owners and accepted by the Town Engineer prior to Town approval of tea preliminary plat or development plan for any portion of the Rezoning Area 4. The Property Owners shall design and ° ^Nst +4 ef construct a continuous left -turn lane along the ' entire frontage of the Rezoning Area The design shall be subject to approval by the Town Engineer. 1 5. A water infrastructure and phasing plan (WIP) must be submitted by the Property Owners and accepted by the water provider prior to approval of a preliminary plat for any portion of the Rezoning Area. The WIP shall identify all on -site and off -site water facilities needed to serve the proposed development. The WIP shall include all information required by the water provider, such as (but not limited to) analysis of water use and fire flow requirements, and well source, reservoir, and booster station infrastructure needed to serve the proposed development. If the water provider requires a water service agreement as a condition of service to the proposed development, the Property Owners must enter into a water service agreement with the water provider consistent with the accepted WIP. A Q PuT J al- C14:%4--VT1f-%1Qh nffeeffieftJ Q14LvAittlaid Lu iLp- Dpaup-IA4AP-1p 6. .* .A master sewer plan must be submitted by the Property Owners and accepted by Pima County Regional Wastewater Reclamation Department (the "wastewater utility ") prior to the approval of any final plat or development plan for the Rezoning Area. The master sewer plan shall identify all on -site and off -site wastewater facilities needed to serve the proposed development, and shall include all information required by the wastewater utility. If the wastewater utility requires a sewer service agreement as a condition of service to the proposed development, the Property Owners must enter into a sewer service agreement with the wastewater utility consistent with the accepted master sewer plan. {00040694.DOCX /} -3- 1/8/2015 3:58 PM FC Marana Council Meeting 01/20/2015 Page 184 of 278 7. > 'Le e aeessla ru ricxLts AI SiI3i 12 A.At'.The Property Owners must design and construct any roadway, drainage, water, and wastewater improvements, and dedicate or acquire any property ri g hts associated with those improvements, that the Town requires based on the data and findings of the accepted traffic impact analysis, the accepted master drainage study, the accepted WIP, the accepted master sewer plan, and other studies Wroved in connection with the approval of a preliminary plat or development plan for any portion of the Rezoning Area. 8.9. * The final design of all streets and circulation facilities, including any gated or emergency access, must be accepted by the Northwest Fire District prior to Town Council consideration of t4ea final plat for any portion of the Rezoning Area 9..* The Rezoning Area shall be limited to a maximum of 56 lots. (Lots 55, 56, and 57 as shown on Exhibit A shall be eliminated.) Site disturbance in the Rezoning Area shall not exceed 37% or 948,000 square feet. 10. B0 11. * No approval, permit or authorization by the Town of Marana authorizes violation of any Federal or State law or regulation or relieves the Property Owners from responsibility to ensure compliance with all applicable St t federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. The Property Owners should retain appropriate experts key* and consult appropriate Federal and State agencies le Ot to determine any action necessary to assure compliance with applicable laws and regulations. 11. 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. 12. Prior to the issuance of any grading permits ,the Property Owners shall submit evidence to the Town that all federal permit requirements have been met through the Army Corps of Engineers and the State Historic Preservation Office if federal permits are required for the develop of the Rezoning Area 13. The F V %VXt1 . 7 %-.IVV Property Owners shall not cause any lot split of any kind without the written consent of the Town of Marana. 14. The A.4mmlie. Property Owners shall provide the necessary authorization and documentation from the Western Area Power Administration (WAPA) with the subsequent plat submittal. 15. BLO 101. *-All open space easements and wildlife corridors shall be left entirely undisturbed and in their natural desert state, except for necessary utility installations, which shall be revegetated. All such easements and corridors shall be dedicated to the appropriate entity, acceptable to the Town and at a time acceptable to the Town. All utilities shall be underground, and all utility trenches shall be revegetated to be identical with the surrounding desert with the exception of the overhead electric WAPA easement which shall be to WAPA specifications. {00040694.DOCX /} -4- 1/8/2015 3:58 PM FC Marana Council Meeting 01/20/2015 Page 185 of 278 16. �*-No home e*in the 4,IE. Area shall exceed one story. Lots 23 -34 and Lots 55 and 59 as shown on Exhibit A shall have a maximum height of 20 feet. 17. . *-The preliminary plat for the Rezonina Area shall establish a minimum lot size of 16,000 square feet, with an average graded pad envelope of 10,000 square feet, including driveways, but not including utility installations. Pad envelopes will be graded individually. The 58.78 acre Rezoning Area parcel will not be mass Wade graded. Any graded building envelope in excess of 10,000 square feet shall be re - vegetated with vegetation identical to that existent on the site. 18. ^ R' 5 . * There shall be no connectivity between Waycross Road, Martingale Lane, Bridle Way, or Abington Lane and any access point, right of way, road, or lot within the afea Rezoning Area. 19. . * Any grading within areas of 15% or greater slopes for driveways, walls, or other utilities shall be minimized and require approval by the Town Engineer. 20. . * There shall be a 75 -foot "No Disturbance" bufferyard along the southern boundary of the development, except on Lot 33 (as identified on Exhibit Al which shall provide a 100 - foot "No Disturbance" bufferyard. 21. . * There shall be a 40 -foot "No Disturbance" bufferyard along the western boundary. 22. ^ R �' X . * The Property Owners, through the Town of Marana's normal notification process, shall notify the impacted parties, as specified in Exhibit B attached to and incorporated by this reference in this ordinance, if any request is made to modify, eliminate, or add to the conditions listed 1, in this ordinance. 23. ^ R . * The minimum width of the two designated wildlife corridors shall be 200- feet and, where possible, revegetation shall occur in disturbed areas beyond the 200 -foot minimum width. 24. ^ R � 2 . * These conditions in their entirety, and all associated attachments, shall bea dpai� VVJLFI.JLJL LJLJLJLL)I _ a 1 to the current proposal and Ito any and all subsequent proposals regarding development, subdivision, or rezoning of ythe Rezonin Area. 25 This reRezoning is subject to the Residential Design Standards found in the Marana Land Development Code as amended from time to time. 26. . * The Property Owners agree to enter into a finance contract establishing their contribution for schools. The Property Owners shall provide written documentation that an agreement with the Marana Unified School District is completed prior to the issuance of the first single - family residential building permit for the Rezoning Area. A receipt of payment shall be provided with each individual residential building permit. 27. ILF_�J I . * No fences or walls shall be constructed on lot lines outside the individual grading disturbance envelopes for each lot, and such language shall be placed in the Conditions, Covenants and Restrictions. 28. All outdoor lighting shall be down -lit and shall adhere to "dark sky - friendly" lighting design, and such language shall be placed in the Conditions, Covenants and Restrictions. 29. The centerline of the internal loop road's southern entrance to Silverbell Road will be no less than 340 feet north of the 100 -year floodplain of the Animal Wash, the large wash {00040694.DOCX /} -5- 1/8/2015 3:58 PM FC Marana Council Meeting 01/20/2015 Page 186 of 278 shown on the southern portion of the tentative development plan and such language shall be placed in the Conditions, Covenants and Restrictions. 30. There will be no grading encroachment into the Erosion Hazard Setback on Lots 18 -_25 inclusive, Lots 34 -46 inclusive, Lots 49 -50, and Lots 52 -55 (as identified in Exhibit Al and such language shall be placed in the Conditions, Covenants and Restrictions. 31. All Natural Undisturbed Open Space set - asides shall be protected in perpetuity, by either a Restrictive Covenant or Conservation Easement and such language shall be placed in the Conditions, Covenants and Restrictions. Prior to or upon requesting a building permit for -aMy lot in the Rezoning Area, the Property Owners shall record a covenant, to run with the land, memorializing the terms of this condition. 32. £ Free-ranging domestic animals shall be prohibited in the subdivision and such language shall be placed in the Conditions, Covenants and Restrictions. 33. � No backyard gates shall be constructed leading to undisturbed open space areas on each lot or within the two onsite wash corridors and such language shall be placed in the Conditions, Covenants and Restrictions. 34. £ Upon the effective date of this Ordinance, the Property Owners shall have a continuing responsibility to remove from the Rezoning Area invasive non - native species , including those listed in T*���Exhibit C attached to and incorporated by this reference in this ordinance. Acceptable methods of removal include chemical treatment, physical removal, or other known effective means of removal. Property Owners and future owners of individual lots in the Rezoning Area shall keep private lots including enclosed yards free of invasive non -- native plant species, detailed in Exhibit C. Prior to or upon requesting a building permit for aaa lot in the Rezoning Area, the Property Owners shall record a covenant, to run with the land, memorializing the terms of this condition. FRIVIN - rrIrP.WMes lft 1 W9 _ . _ .. . WAV _ . _ • _ . . _ • _ _ . . , . . _ . . . . M.T. . ,mm1. 1= ] OEM O[ OL,- S��l�t���- Jt��l� 4 . • . . . . • 35. The V V Property Owners shall place "no trespassing" signs z a the VIVI alb the south boundary of the Rezoning Area and signs directing people to stay out of the washes. Document comparison by Workshare Compare on Thursday, January 08, 2015 1:53:23 PM {00040694.DOCX /} -6- 1/8/2015 3:58 PM FC Marana Council Meeting 01/20/2015 Page 187 of 278 Inp❑t❑ Document 1 ID file: / /X:MDOX /T NAT DOCS /D EVE LOP /OTHER /00040689. Insertions DOCX Description 00040689 Document 2 ID file: / /X:MDOX /T NAT DOCS /D EVE LOP /OTHER /00040690. Moved to DOCX Description 00040690 Rendering set standard ❑e ❑e n d ❑ Insertion izp rod fr Moved to Style change Format change Inserted cell Deleted cell Moved cell Split /Merged cell Padding cell Statisti❑s❑ Count Insertions 84 Deletions 106 Moved from 0 Moved to 0 Style change 0 Format changed 0 Total changes 190 {00040694.DOCX /} - 7 - 1/8/2015 3:58 PM FC Marana Council Meeting 01/20/2015 Page 188 of 278 HISTORY OF REZONING CONDITIONS PCM1410 -002 INA & SILVERBELL CHANGE OF REZONE CONDITIONS REZONING CONDITIONS: ORDINANCE 2002.19 TO DECEMBER 17 COMMISSION ITALICS - APPROVED BY PLANNING COMMISSION KEY: "A "= Conditions in Ordinance 2002.19 "B "= Planning staff recommended revisions to conditions in Ordinance 2002.19 as proposed in the December 17 Commission meeting agenda materials "C "= Planning staff recommended additions to conditions as proposed in the December 17 Commission meeting agenda materials "D "= Coalition for Sonoran Desert Protection recommended revisions to conditions in Ordinance 2002.19 as proposed in December 16 letter from Carolyn Campbell "E "= Coalition for Sonoran Desert Protection recommended additions to conditions as proposed in December 16 letter from Carolyn Campbell " "= Conditions as approved by the Marana Planning Commission at its December 17 meeting (those marked with "X" are Commission - unique conditions) Al. This rezoning is valid for three years from the date of Town Council approval provided that if the developer fails to have a plat recorded prior to the three years the property shall revert to the original zoning without further action by the Town Council. B 1. The amended rezoning authorized by this ordinance is valid for three years from the effective date of this ordinance; provided, that if the developer fails to have a plat recorded prior to three years, the Marana Town Council may cause the property to revert to its former zoning classification upon compliance with the Town Council may cause the property to revert to its former zoning classification upon compliance with the requirements of A.R.S. § 9- 462.01 (E). X1.* [Delete A11BI] A2. Compliance with all provisions of the Town's Codes, Ordinances and policies of the General Plan. B2.* 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 forpublic improvements. A3. The preliminary plat shall be in general conformance with the tentative development plan. B3. The preliminary plat shall be in general conformance with the updated tentative development plan. {00040679.DOCX / 41 - 1 - 1/8/2015 1:51 PM FJC Marana Council Meeting 01/20/2015 Page 189 of 278 D3.* The preliminary plat shall be in substantial conformance with the tentative development plan (shown as Exhibit A). A4. Existing Archaeological surface inspection shall be conducted and have clearance provided prior to any ground disturbing activities. B4.* Prior to the issuance of any grading permits for this project, the property owner shall submit evidence to the Town that all federal permit regulations have been met through the Army Corps of Engineers and the State Historic Preservation Office. ABS.* The applicant shall provide the necessary authorization and documentation from the Western Area Power Administration (WAPA) with the subsequent plat submittal. A6. The final arrangement of lots 38 - 41 as well as the design and arrangement of the access that serves these lots shall be configured in such a way that is satisfactory to the Town Engineer and the Planning Director. B6.* [Delete A 6] A7. Existing Access to Lot 8 shall be from Silverbell Road and shall be at a location acceptable to the Development Services Administrator. B7.* [Delete A7.] A8. A continuous left turn lane shall be installed at the applicant's expense along the project site's frontage on Silverbell Road, subject to the approval of the Development Services Administrator. B8.* The developer shall be responsible for the design and construction of a continuous left- turn lane along the project's frontage. The design shall be subject to approval by the Town Engineer. A9. The rezoning site shall be limited to a maximum of 41 lots. The project's gross site disturbance shall not exceed 30 %. B9. The Rezoning Area shall be limited to a maximum of 59 lots. Site disturbance in the Rezoning Area shall not exceed 37% or 948,000 square feet. X9.* The Rezoning Area shall be limited to a maximum of 56 lots. (Lots 55, 56, and 57 as shown on Exhibit A shall be eliminated.) Site disturbance in the Rezoning Area shall not exceed 37% or 948, 000 square feet. A10. All open space easements, public trails and /or wildlife corridors shall be left entirely undisturbed and in their natural desert state, except for necessary utility installations, as approved by the Development Services Administrator, which shall be vegetated. All such easements, trails, and corridors shall be dedicated to the appropriate entity at a time acceptable to the Town. All utilities shall be underground, and all utility trenches shall be revegetated to be identical with the surrounding desert, where practical. B10.* All open space easements and wildlife corridors shall be left entirely undisturbed and in their natural desert state, except for necessary utility installations, which shall be revegetated. All such easements and corridors shall be dedicated to the appropriate entity, acceptable to the Town and at a time acceptable to the Town. All utilities shall be underground, and all utility trenches shall be revegetated to be identical with the {00040679.DOCX / 41 -2- 1/8/2015 1:51 PM FJC Marana Council Meeting 01/20/2015 Page 190 of 278 surrounding desert with the exception of the overhead electric WAPA easement which shall be to WAPA specifications. Al 1. No approval, permit, or authorization of the Town of Marana authorizes the applicant and /or landowner to violate any applicable federal or state laws or regulations, or relieves the applicant and /or landowner from responsibility to ensure compliance with all applicable federal and state laws and regulations, including the Endangered Species Act and the Clean Water Act. You are hereby advised to retain appropriate expert and /or consult with appropriate federal and state agencies to determine any actions necessary to assure compliance with applicable laws and regulations. B 11. * 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 landowner from responsibility to ensure compliance with all applicable Federal or State laws and regulations, including the Endangered Species Act and the Clean Water Act. Appropriate experts should be retained and appropriate Federal and State agencies should be consulted to determine any action necessary to assure compliance with applicable laws and regulations. Al2. All required fees of the Marana South Transportation Benefit Area shall be paid by the developer in accordance with Ordinance 2001.02. B 12. * All required fees of the Marana South Transportation Benefit Area shall be paid by the developer in accordance with Ordinance 2014.012. A13. No home on the proposal site shall exceed one (1) story, except along Silverbell Road, which maybe two (2) stories. Lots adjacent to the west property line (Tentative Development Plan lot numbers 18, 31, 36 and 37) shall be limited to a maximum height of 20 -feet. However there will be an 18 -foot building height contour line that cannot be exceeded, that will be determined based upon the highest existing elevation in the building envelope. Lots adjacent to the south property line (tdp lot numbers: 11, 12, 13, 14 15 16 and 17) shall be limited to a maximum height of 20 feet. B13. Aone - story, 20 foot maximum height restriction shall be placed upon the Lots adjacent to the south and west boundaries of the development which includes Lots 23 -34 and 55- 59 in the updated Tentative Development Plan. X13.* No home on the proposed site shall exceed one story. Lots 23 -34 and Lots 55 and 59 as shown on Exhibit A shall have a maximum height of 20 feet. A14. The preliminary plat for the project site shall establish graded pad envelopes not to exceed 16,000 square feet, with an average graded pad envelope of 14,400 square feet, not including driveways and utility installations. Any graded area in excess of 14,400 square feet shall be revegetated to be with identical vegetation. B 14. The preliminary plat for the project site shall establish graded pad envelopes not to exceed 16,000 square feet, with an average graded pad envelope of 10,000 square feet, not including driveways and utility installations. Any graded area in excess of 10,000 square feet shall be revegetated with native vegetation. D14.* The preliminary plat for the project site shall establish a minimum lot size of 16,000 square feet, with an average graded pad envelope of 10, 000 square feet, including {00040679.DOCX / 41 -3- 1/8/2015 1:51 PM FJC Marana Council Meeting 01/20/2015 Page 191 of 278 driveways but not including utility installations. Pad envelopes will be graded individually. The 58.78 acre parcel will not be mass bladed. Any graded building envelope in excess of 10, 000 square feet shall be re vegetated with vegetation identical to that existent on the site. AB 15. * There shall be no connectivity between Waycross Road, Martingale Lane, Bridle Way, or Abington Lane and any access point, right of way, road, or lot within the project area. A16. Combined with Condition 10. B 16.* [Delete A16.] A17. Any grading within areas of 15% or greater slopes for driveways, walls, or other utilities shall be minimized and require approval by the Development Services Administrator and the Planning Director. B 17. * Any grading within areas of 15% or greater slopes for driveways, walls, or other utilities shall be minimized and require approval by the Town Engineer. A18. The developer shall agree to enter an agreement with the impacted parties identified in Exhibit "B ", regarding development standards for lots 25 -34 and 56 -58 and any encroachment into undisturbed buffer areas adjacent to neighbors including restrictions of any disturbance in the undisturbed open space area. Such agreement shall be approved by a majority of the impacted parties prior to preliminary plat consideration and shall be enforceable solely by the impacted party or parties as listed in the specified attachment. B18.* [Delete A] 8. j A19. The applicant shall provide an area of undisturbed open space along the southern boundary equivalent to the rear setback of the R -144 zone, or 75 -feet, whichever is greater at the time of adoption, except on Lot 18, which shall provide an undisturbed open space along the southern boundary of 100 -feet. B 19. * There shall be a 75 foot "No Disturbance " bufferyard along the southern boundary of the development, except on Lot 33 which shall provide a 100 foot "No Disturbance " bufferyard. A20. The applicant shall provide a 40 -foot setback along the western boundary. The setback shall be preserved as open space, and any area disturbed within this setback shall be revegetated to be identical with the surrounding vegetation. B20.* There shall be a 40 foot "No Disturbance " bufferyard along the western boundary. AB21.* The applicant, through the Town of Marana normal notification process, shall notify the impacted parties, as specified in Exhibit "B ", if any request is made to modify, eliminate, or add to the conditions listed herein. AB22. * The minimum width of the two designated wildlife corridors shall be 200 feet and where possible, revegetation shall occur in disturbed areas beyond the 200 foot minimum width. {00040679.DOCX / 41 -4- 1/8/2015 1:51 PM FJC Marana Council Meeting 01/20/2015 Page 192 of 278 AB23.* These conditions in their entirety, and all associated attachments, shall be included with this parcel for the current proposal, and for any and all subsequent proposals regarding development, subdivision, or rezoning of this property. Cl.* The Property Owner shall dedicate, or cause to have dedicated, the necessary rights -of- way for the Ina and Silverbell Rezoning Area including any necessary dedications along Silverbell Road. C2.* This rezone is subject to the Residential Design Standards found in the Marana Land Development Code as amended from time to time. C3.* The property owner shall not cause any lot split of any kind without the written consent of the Town of Marana. C4.* A sewer service agreement and master sewer plan shall be submitted by the Developer and accepted by the wastewater provider prior to the approval of any preliminary plat. C5.* A detailed traffic analysis shall be submitted and accepted by staffprior to approval of any preliminary plat. C6.* A drainage report must be submitted by the Developer and accepted by the Town Engineer prior to Town approval of the preliminary plat. C7.* The Property Owners agree to enter into a finance contract establishing their contribution for schools. The Property Owners shall provide written documentation that an agreement with the Marana Unified School District is completed prior to the issuance of the first single-family residential building permit for the Rezoning Area. A receipt of payment shall be provided with each individual residential building permit. C8.* The property owner shall transfer to Marana, by the appropriate Arizona Department of Water Resources form, those water rights being IGR, Type I or Type II for the Town providing designation of assured water supply and water service to the Rezoning Area. If Type I or Type II is needed on the Rezoning Area, the Town and developer /property owners shall arrive at an agreeable solution to the use of those water rights appurtenant to the affected portion of the Rezoning Area. C9.* The final design of all streets and circulation facilities, including any gated or emergency access, must be accepted by the Northwest Fire District prior to Town Council consideration of the final plat. C10.* Prior to or upon requesting a building permit for a lot, the lot owner shall obtain the appropriate grading permit from the Town of Marana prior to commencing any grading operation. Cl 1. Lots located within the Floodplain and Erosion Hazard Setback line will require a Floodplain Use Permit. Affected Lots include 19, 20, 33 - 46, 49, 50, 52 - 55. XC11.* Lots located within the Floodplain and Erosion Hazard Setback line will require a Floodplain Use Permit. Affected Lots include 34 - 55. C12.* Lots that develop on 15% or greater slopes shall comply with Marana's Hillside Development Zone ordinance. {00040679.DOCX / 41 -5- 1/8/2015 1:51 PM FJC Marana Council Meeting 01/20/2015 Page 193 of 278 C13. No lot shall have a cross slope greater than 15% outside of natural undisturbed open space areas. XC 13 . * No lot shall have an average cross slope greater than 15% outside of natural undisturbed open space areas. E 1. * No fences /walls shall be constructed on lot lines outside the individual grading disturbance envelopes for each lot and such language shall be placed in the Conditions, Covenants and Restrictions. E2.* All outdoor lighting shall be down -lit and shall adhere to "dark sky friendly " lighting design and such language shall be placed in the Conditions, Covenants and Restrictions. E3.* The centerline of the internal loop road's southern entrance to Silverbell Road will be no less than 340 feet north of the 100 year floodplain of the Animal Wash, the large wash shown on the southern portion of the development plan and such language shall be placed in the Conditions, Covenants and Restrictions. E4.* There will be no grading encroachment into the Erosion Hazard Setback on Lots 18 25 inclusive, Lots 34 -46 inclusive, Lots 49 -50, and Lots 52 -55 and such language shall be placed in the Conditions, Covenants and Restrictions. E5.* All Natural Undisturbed Open Space set asides shall be protected in perpetuity, by either a Restrictive Covenant or Conservation Easement and such language shall be placed in the Conditions, Covenants and Restrictions. Prior to or upon requesting a building permit for a lot, the owner(s)/developer(s) shall record a covenant, to run with the land, memorializing the terms of this condition. E6.* Free - ranging domestic animals shall be prohibited in the subdivision and such language shall be placed in the Conditions, Covenants and Restrictions. E7.* No backyard gates shall be constructed leading to undisturbed open space areas on each lot or within the two onsite wash corridors and such language shall be placed in the Conditions, Covenants and Restrictions. E8.* Upon the effective date of the Ordinance, the owners) /developer(s) shall have a continuing responsibility to remove invasive non - native species from the property, including those listed in Attachment. Acceptable methods of removal include chemical treatment, physical removal, or other known effective means of removal. Lot Owners shall keep private lots including enclosed yards free of invasive non native plant species, including those listed below. This obligation also transfers to any future owners of property within the rezoning. Prior to or upon requesting a building permit for a lot, the owners) /developer(s) shall record a covenant, to run with the land, memorializing the terms of this condition. X.* The developer will place "no trespassing" signs regarding the property to the south and signs directing people to stay out of the washes. {00040679.DOCX / 41 -6- 1/8/2015 1:51 PM FJC Marana Council Meeting 01/20/2015 Page 194 of 278 November 30, 2014 12-01-1 4 A09 :05 RCVS Dear Marana Zoning and Planning Committee: I am writing you in regards to the Ina /Silverbell Change of Conditions. I live on Bridle way, which is a cul -de -sac street that borders with the proposed development of the 59+ acre property and where I daily walk my dogs. My husband and I moved to Tucson in 1980 from the Los Angeles area, because we wanted to own a home and raise a family away from city lights and sidewalks. The area of Ina /Silverbell where we built our house was a perfect match of a neighborhood with desert surroundings of wildlife nearby. I realize the need for growth and business profit, as the City of Marana knows that more houses means more taxes. However, I have also watched what Marana has done in the past 34 years with building up the Continental Ranch, Continental Reserve, Gladden Farms, and Dove Mountain areas. Don't we have enough "cookie cutter" houses with sidewalks? Keeping the proposed area in a more natural state for residents and wildlife would only enhance attracting people to the Marana area. The new construction on the NW corner of Ina /Silverbell this year has caused more wildlife to come into our neighborhood I feel. It was in March that I witnessed a mountain lion walk cross Broomtail early in the morning; bobcat sitings have become more frequent; my neighbor has a pygmy owl living on their front porch; mule deer is seen more often, not to mention coyotes crossing my property daily. These animals will continue to be displaced with the amount of construction taking place in this area. Therefore, I ask you to rec take place on this parcel. on a decision made in 2002, allowing the increase of an don't turn Marana into what we left in 1980. onsider allowing construction to And if you must allow it based that you at least consider NOT additional 18 homes. Please Los Angeles is and the reason Sincerely, Pamela K. Gaiser Marana Council Meeting 01/20/2015 Page 195 of 278 Cynthia Ross From: Terri Byler Sent: Thursday, December 04, 2014 1:12 PM To: Cynthia Ross Cc: Ryan Mahoney Subject: FW: Ina/Silverbell Change of Conditions FYI - From: Arimatlal @aol.com [ mailto:Arimatlal @ aol.com Sent: Thursday, December 04, 2014 1:11 PM To: Terri Byler Subject: REF: Ina/Silverbell Change of Conditions REF: Ina /Silverbell Change of Conditions Thomas Schnee, Chair Marana Planning Commission Marana Planning Department (520) 382 -2600 Dear Members of the Marana Planning Commission, I am asking you to please leave the existing conditions in place and not allow for an increase in density of housing. A long hard compromise was reached in 2002 concerning the up- zoning of this property and one of the main issues is that it is an important wildlife corridor to the Santa Cruz River. The Saguaro National Park West Unit reaches its closest point to the Santa Cruz, less than a mile, directly upstream from the two washes that go through this parcel. With the addition of more houses along these washes a bottleneck will be created, effectively shutting down the wildlife corridor. The Saguaro National Park West Unit is effectively an island and the few remaining corridors are very valuable. The future of the park as a viable resource is at stake, animals need to be able to move to other parks to help insure a healthy population, to provide genetic diversity. The Saguaro National Park belongs to all of us, for hiking, bike riding, viewing wildlife or just relaxing. This plan for increased housing affects all of us and that is why I am asking you to leaving the existing conditions in place and to vote no. Please print this letter for the all the Commissioners. Thank you. Mary T Weinzirl To be beautiful means to be yourself. You don't need to be accepted by others. Marana Council Meeting 01/20/2015 Page 196 of 278 Cynthia Ross From: Terri Byler Sent: Thursday, December 04, 2014 5:04 PM To: Cynthia Ross Cc: Ryan Mahoney Subject: FW: LETTER TO THE COMMISSIONERS - REGARDING INA &SILVERBELL REQUEST CHANGE OF CONDITIONS FYI. From: SONNY [mailto:grandpasonny0msn.com] Sent: Thursday, December 04, 2014 4:57 PM To: tbylor@marana.com Terri Byler Subject: LETTER TO THE COMMISSIONERS - REGARDING INA &SILVERBELL REQUEST CHANGE OF CONDITIONS MARANA PLANNING COMMISSIONERS Town of Marana, Arizona RE: Ina / Silverbell Change of Conditions Request by the Developer To the Honorable Thomas Schnee, Chair Marana Planning Commission Don Duncan, Vice Chair, Terry Fehrmann, Marcia Jakab, Steve Miklosi, Richard Millerhomes Dear Planning Commission Members: I am writing today to express my sincere request that you do not approve the Change of Conditions request before you today. The current owners of this property knew full well of the current approved platting for 41 single family homes when they purchased this property. Now they are attempting to pull the "old Switcheroo" that property developers are famous for. This currently pristine parcel of land is so important for the wildlife that inhabit the area and the Tucson Mountains. With three large washes that feed directly into the Santa Cruz river, these riparian areas are so important. How is it these developers think this is o.k. ?? Because they care nothing about the land, the people or the flora and fauna that inhabit it. They care only about the money, and we all know it. Once this beautiful piece of desert is bladed and scraped - it's gone forever. In 2002 a Very hard fought battle was ended because the Developers and the Town of Marana came to an agreement - now the new owner wants to Void that agreement. Please, let's hold them to the original agreement - the little bit of additional money the additional homes would generate for Marana is not significant enough to allow for the total destruction of this beautiful property. Very truly, Thee Arthur (Sonny) Campbell 6250 N. Desert Willow Drive Tucson, AZ 85743 Marana Council Meeting 01/20/2015 Page 197 of 278 Cynthia Ross From: Sent: To: Cc: Subject: -More to come... Terri Byler Friday, December 05, 2014 8:17 AM Cynthia Ross Ryan Mahoney FW: From: Zarah M. Earles [ mailto :lotusflower @wildblue.net Sent: Thursday, December 04, 2014 6:03 PM To: Terri Byler Subject: REF: Ina /Silverbell Change of Conditions Thomas Schnee, Chair Marana Planning Commission Marana Planning Department (520)382 2600 Dear Members of the Marana Planning Commission, I am asking you to please leave the existing conditions in place and not allow for an increase in density of housing. A long hard compromise was reached in 2002 concerning the up- zoning of this property and one of the main issues is that it is an important wildlife corridor to the Santa Cruz River. The Saguaro National Park West Unit reaches its closest point to the Santa Cruz, less than a mile, directly upstream from the two washes that go through this parcel. With the addition of more houses along these washes a bottleneck will be created, effectively shutting down the wildlife corridor. The Saguaro National Park West Unit is effectively an island and the few remaining corridors are very valuable. The future of the park as a viable resource is at stake, animals need to be able to move to other parks to help insure a healthy population, to provide genetic diversity. The Saguaro National Park belongs to all of us, for hiking, bike riding, viewing wildlife or just relaxing. This plan increased housing affects all of us and that is why I am asking you to leave the existing conditions in place and to vote no. Please print this letter for all the Commissioners. Thank you. Sincerely, Zarah M. Abbott Marana Council Meeting 01/20/2015 Page 198 of 278 Cynthia Ross From: Terri Byler Sent: Friday, December 05, 2014 8:17 AM To: Cynthia Ross Cc: Ryan Mahoney Subject: FW: Ina/Silverbell Change of Conditions FYI From: Jill Holbrook [mailtojillholbrook earthlink.net] Sent: Thursday, December 04, 2014 11:39 PM To: Terri Byler Subject: Ina/Silverbell Change of Conditions REF: Ina /Silverbell Change of Conditions Thomas Schnee, Chair Marana Planning Commission Marana Planning Department (520) 382 -2600 Dear Members of the Marana Planning Commission, I am asking you to please leave the existing conditions in place and not allow for an increase in density of housing. A long hard compromise was reached in 2002 concerning the up- zoning of this property and one of the main issues is that it is an important wildlife corridor to the Santa Cruz River. The Saguaro National Park West Unit reaches its closest point to the Santa Cruz, less than a mile, directly upstream from the two washes that go through this parcel. With the addition of more houses along these washes a bottleneck will be created, effectively shutting down the wildlife corridor. The Saguaro National Park West Unit is effectively an island and the few remaining corridors are very valuable. The future of the park as a viable resource is at stake, animals need to be able to move to other parks to help insure a healthy population, to provide genetic diversity. The Saguaro National Park belongs to all of us, for hiking, bike riding, viewing wildlife or just relaxing. This plan for increased housing affects all of us and that is why l am asking you to leave the existing conditions in place. Please vote No on any increase in the number of houses to be built on this property. Please print this letter for the all the Commissioners. Thank you. Jill N. Holbrook 5981 W. Bridle Way Tucson, AZ 85743 Marana Council Meeting 01/20/2015 Page 199 of 278 Cynthia Ross From: Terri Byler Sent: Friday, December 05, 2014 8:17 AM To: Cynthia Ross Cc: Ryan Mahoney Subject: FW: Ina/Silverbell Change of Conditions That is it for now. From: Golf Weaver [ mailto :golfweaver @earthlink.net Sent: Thursday, December 04, 2014 11:42 PM To: Terri Byler Subject: Ina/Silverbell Change of Conditions REF: Ina /Silverbell Change of Conditions Thomas Schnee, Chair Marana Planning Commission Marana Planning Department (520) 382 -2600 Dear Members of the Marana Planning Commission, 1 am asking you to please leave the existing conditions in place and not allow for an increase in density of housing. A long hard compromise was reached in 2002 concerning the up- zoning of this property and one of the main issues is that it is an important wildlife corridor to the Santa Cruz River. The Saguaro National Park West Unit reaches its closest point to the Santa Cruz, less than a mile, directly upstream from the two washes that go through this parcel. With the addition of more houses along these washes a bottleneck will be created, effectively shutting down the wildlife corridor. The Saguaro National Park West Unit is effectively an island and the few remaining corridors are very valuable. The future of the park as a viable resource is at stake, animals need to be able to move to other parks to help insure a healthy population, to provide genetic diversity. The Saguaro National Park belongs to all of us, for hiking, bike riding, viewing wildlife or just relaxing. This plan for increased housing affects all of us and that is why l am asking you to leave the existing conditions in place. Please vote No on any increase in the number of houses to be built on this property. Please print this letter for the all the commissioners. Thank you. Lu ra Moore 5981 W. Bridle Way Tucson, Az 85743 Marana Council Meeting 01/20/2015 Page 200 of 278 Walsh Family 5841 West Bridle Way Tucson AZ 85743 Cynthia L. Ross, AICP, Planner II, Planning Department Development Services, Town of Marana 11555 W. Civic Center Drive Marana, AZ 85653 ph (520) 382 -2651 - email cross a@marana. com Re: Case number: PCM 1410 -002 Dear Ms Ross, December 9, 2014 Thank you for accepting this letter of protest against changes requested by Fidelity National Trust TR 50204 for the Ina /Silverbell development. While objecting to the addition of 18 houses crowding this delicate wildlife corridor, we specifically illustrate below the impact of the increased density on our property. For over 30 years, our family has owned two acres on the southeast side at the end of West Bridle Way, the house at 5841 West Bridle Way, and the undeveloped one -acre block on the south side of our house. We outline below our strong objection to the proposed addition of three more houses on our property line and the proposed placement of a road and cul de sac as illustrated in the new proposal. We also request assurances that our home and neighborhood will not be adversely affected by the new development. The painstakingly negotiated current/old plan (see the white boundary lines on fig 1) allocates four lots for four homes. V! The proposed /new plan doubles the number of homes on three lots for a total of seven homes, five of them forming a tightly spaced and imposing corridor of concrete. The proposed line of houses would form a continuous barrier visible from every vantage point on our property and from every window and door in our bedrooms and living areas. It would fully block our unobstructed view of the Tucson Valley and Catalina Mountains, and would threaten our property value. We further object to the angling of the new roadway and cul de sac such that vehicle lights will shine directly into our bedrooms, main living area and patio and their proximity to our property line, which would impose traffic noise, lights and fumes creating a nuisance, sleep disturbance and hazard. As shown, instead of four well- spaced homes, in keeping with the character and density of our neighborhood and preserving the open desert and wildlife corridor, the new plan would have us boxed in by concrete and asphalt and irritated by the busyness of three additional cramped households. This is completely out of keeping with our community ambience. Marana Council Meeting 01/20/2015 Page told % *_AP Figure 1: This image shows the proposed seven new homes, numbered 46 through 52, with white lines indicating the original four lots designated on the current /old plan. Please note, the location of new houses in this particular group is at the end of a ridge which drops down 30 to 40 feet into Animal Wash. By virtue of their unique position at the end of West Bridle Way, which traverses the top of the ridge, any houses built on this outcrop of land will be an integral part of the old neighborhood. It is especially important, therefore, that this group of houses should be designed as low density, individual and unique, single story, flat- roofed, brick homes fitting in with the density and character of the old neighborhood. This group of new homes should not form an imposing, unsightly, crowded and ill- fitting enclave. We request, as per the current/old plan, that: - the lot shared by proposed houses 52 & 51 be allocated one home the lot shared by proposed houses 49 & 48 be allocated one home - the lot shared by proposed houses 47 & 45 be allocated one home - the proposed house numbered 50 be shifted southeast; and that (see blue overlay on fig 2) - the proposed cul de sac be located away from our property line, to the northeast of the proposed house numbered 51 with four driveways leading to four homes. With reference, in particular, to the proposed house numbered 50, situated unnecessarily close to our home and in the middle of a feeder wash, we would like to bring your attention to the intersection of the wash and power lines at this location (see fig 3). S2. 9"Norw Figure 2: The blue overlay shows the preferred placement of the cul He sac and four driveways to the • e 05 A L .• .', According to the current/old preferred locations of four homes, as per the plan there is sufficient space current /old plan. s + w }i • tl4 on the lot to move this N ` -. : ; ,.4* - ¢ , - house southeast, well away from the function of these two ` r - features, to a less imposing distance from our home, where it will � 1 ' .�. ,, i *�: k,; .;��' �. g in the wash that may flood our property. not create a blockage a � } ' r a 1 f df IAL Please see the pictures below showing the formation of the wash } ':.�` that bisects our property during the monsoon and rages at least 3 feet in depth before dropping down into Animal Wash. Its route #, ■-. e_ = would directly impact the proposed house site numbered 50 and ossibly 49 as well. A video is available showing the formation of Figure 3: The blue line shows the route of the wash. The red line the torrent and its path across our property. shows the pathway of the power lines. The proposed house numbered 50 needs to be moved well south of the junction of these two features and east, away from our property line. Figure 4: Rivulets form along West Bridle Way and join together on our property to form a wash during the monsoon. This wash bisects our property and rages at «ast 3 f t e nimal Wash. Its pathway runs straight across t proposed house site numbered 54 a d os i ! 49 well. '/lara�o'�r I� /� p Y h h i 4 p p �a e�z of8 z->F 3 We further request from Marana Council assurances that all lighting on the new houses be at ground level, directed toward each new house (not toward existing homes or out into the desert), and that all lighting be on motion sensors adjusted for people approaching the house. This attention to lighting will help preserve the nocturnal environment of creatures in the wildlife corridor and the peaceful dark nights and starry skies we so enjoy in our rural location. The new houses should be angled such that their windowless garage walls face existing properties and the patios and outdoor living areas are located on the east side of each new dwelling. This will ensure we do not find ourselves peering into each other's windows and outdoor recreations nor suffer sleepless nights from uncurtained indoor lighting used by night owls. With respect, we sincerely request Marana council members to reject the proposed changes of conditions, particularly with regard to increasing the number of houses - require the re- location of the proposed cul de sac away from our property line - ensure the traffic pathway does not direct vehicle lights into existing homes reject the building of blocks of tightly spaced homes that produce continuous barriers and require strip grading because they are too close together to allow individually graded lots - require new homes to be well- spaced on individually graded lots and situated to protect views, wildlife corridors, the natural desert habitat and the low density and private lifestyles currently enjoyed in adjacent neighborhoods require developers to attend to lighting and angling of houses to preserve privacy and the dark of night - require attention to existing water courses leading into a main wash, particularly the one next to our house - ensure each new home within the line of sight from any house in an adjacent old neighborhood is constructed as a single story, flat- roofed dwelling - ensure the style and arrangement of new homes are in keeping with adjacent older homes and thereby enhancing to property values provide assurances the new development will maintain the peace, quiet, space, natural habitat, darkness of night and privacy afforded by our rural location protect the rare and fragile one -mile stretch of wildlife corridor from Saguaro National Park along the double wash through our neighbourhood to the Santa Cruz River. Thank you for your kind consideration. Regards, F Jean Walsh On behalf of the Walsh family ,,Contact: (520) 744 -0552 — or — jean299 @aol.com Marana Council Meeting 01/20/2015 Page 2 f 2 , &8 P- Cynthia Ross From: Terri Byl e r Sent: Friday, December 05, 2014 14:55 AM To: Cynthia Ross Cc: Ryan Mahoney Subject: FW: Ina/Silverbell Change of Rezone Conditions FYI From: Tim Pierce [ mailto:tkpaz @hotmail.com Sent: Friday, December 05, 2014 9:47 AM To: Terri Byler Subject: Ina /Silverbell Change of Rezone Conditions Ref: Ina and Silverbell Rezone Change of Rezone Conditions PCM 1410 -002 Thomas Schnee, Chair Marana Planning Commission Marana Planning Department Dear Members of the Marana Planning Commission, I am contacting you today regarding the newly requested change in the rezoning conditions proposed by the applicant for the area ready to be developed on the SW corner of Ina and Silverbell roads. My wife and I have been residents of the Bridlewood West subdivision, directly adjacent to the subject property, for 30 years. Over that time we have raised three children and now have two grandchildren. Our family has extremely enjoyed living in this area, and a very large part of it has been the beautiful desert and natural wildlife in the area. We have experienced on and around our property, on many occasions, deer, javalina, bobcats and coyotes. Since this area is a wildlife corridor between Saguaro National Park West and the Santa Cruz river these animals frequently travel through and around the arroyos in this area. It was unfortunate that the compromise reached in 2002 increased the density of housing on the subject property from what is typical for the adjacent Bridlewood West area. It will likely disrupt the natural flow of wildlife and scrape away much of the natural desert. I know there is more dense housing across Ina Rd. to the north, but to my knowledge everything from the subject SW corner of Ina/Silverbell to the south and west are typically one acre lot size minimum. We are asking that you please leave the existing conditions in place regarding the number of homes allowed on this property, and not allow an increase per the applicants request. This specifically refers to Condition #9. The applicants rationale of "Remove due to the delisting of the Pygmy -owl and the demand shift in the market for new housing as a result of the economic recession" does not seem sufficient justification to allow more dense housing on this property. It should be obvious that the applicant's interest in this condition is strictly for more profit and without regard to the wildlife and beauty of the area, or the lifestyle the existing homeowners in the area have come to appreciate. An increase in the number of homes allowed on this property would only further restrict, and possibly cut off this area of the wildlife corridor completely. As much of the natural desert around Tucson has been completely scraped clean for housing developments over the years, we, as a community, have come to realize the importance of green belts and natural areas that can never be recovered once lost. Please, let's make Marana a model for this type of modern development that is sensitive to the natural beauty of its surrounding areas, and not just grant the developer's wishes for higher profits that will Marana Council Meeting 01/20/2015 1 Page 204 of [7 2, forever impact this beautiful desert area. As my wife and I near retirement we still greatly enjoy walking and bike riding in and around our neighborhood. we enjoy having our grandkids stay with us frequently and hope we can continue to point out to them the beautiful flora and fauna that we have enjoyed over the years that make this area so special. We kindly ask that you please print this letter for all the Commissioners. Thank you, Tim and Pat Pierce 6002 W. Bridle Way Marana Council Meeting 01/20/2015 Page 205 of 278 Cynthia Ross From: Terri Byler Sent: Thursday, December 04, 2014 4:34 PM To: Cynthia Ross Cc: Ryan Mahoney Subject: FW: letter to Planning Commission FYI, _ From: Cindy Campbell [mailto:sancarloscind msn.com] Sent: Thursday, December 04, 2014 4:28 PM To: Terri Byler Subject: letter to Planning Commission Please copy all of the persons on the planning commission on my letter. Regarding : Ina/Silverbell Change of Conditions Request PLEASE DENY REQUEST To REPLAT Messers: Thomas Schnee, Chair Marana Planning Commission Don Duncan, Vice Chair, Terry Fehrmann, Marcia ]akab, Steve Miklosi, and Richard Miller Dear Members of the Marana Planning Commission, I am heartsick over the Developers attempt to get this parcel replatted. In 2002 the previous owner and developer of the property requested a plat approval and the surrounding property owners and concerned citizens came to a long hard fought compromise on the development of the property. Now, 12 years later, a new owner is attempting to replat this proposed development. We, the citizens that agreed to the 2002 compromise would have never agreed if we didn't have the trust in our local government that the developer would be held to the agreement. This is honestly the worst kind of trickery these property developers (who care nothing about the land or the animals) can pull. They are only interested in money) and we all know it. So I am beseeching you, please leave the existing conditions in place and not allow for an increase in density of housing. The current property owner knew full well of the current approved plat - 41 homes - that's it. Now he is getting greedy - wants to make more money - he does not care what kind of mess he makes. Scraping virgin desert of all traces of plants and animals. And once it's gone - it's gone forever. Please acquaint yourself with this parcel of land. It is so rich it's ridiculous. 3 large washes that feed directly into the Santa Cruz river. A transportation highway for deer, bobcat, javalena, and much much more. The Saguaro National Park Vilest Unit reaches its closest point to the Santa Cruz, less than a mile, directly upstream from the two washes that go through this parcel. With the addition of more houses along these washes a bottleneck will be created, effectively shutting down the wildlife corridor. The Saguaro National Park West Unit is effectively an island and the few remaining corridors are very valuable. The future of the park as a viable resource is at stake, animals need to be able to move to other parks to help insure a healthy population, to provide genetic diversity. 1 Marana Council Meeting 01/20/2015 Page of 27� The Saguaro National Park belongs to all of us, for hiking, bike riding, viewing wildlife or just relaxing. This plan for increased housing affects all of us and that is why I am asking you to leaving the existing conditions in place and to vote no. Thank you, Cynthia Campbell 6250 N. Desert willow Drive Tucson, AZ 85743 Marana Council Meeting 01/20/2015 ge 2 &Z8 t'7 Cynthia Ross From: Terri Byler Sent: Monday, December 08, 2014 1:10 PM To: Cynthia Ross Cc: Ryan Mahoney Subject: FW: Protesting Ina1S i Iverbel I Change of Conditions PCM 1410 -002 FYI- From: Helen Gardner [mailto:rin tailcat3 mail.com] Sent: Monday, December 08, 2014 12:42 PM To: Terri Byler Subject: Protesting Ina /Silverbeli Change of Conditions PCM 1410 -002 REF: Ina /Silverbell Change of Conditions PCM 1410 -002 December 2, 2014 Thomas Schnee, Chair Marano Planning Commission Marano Planning Department (520) 382 -2600 Dear Members of the Marana Planning Commission, am writing to let you know I protest the proposed change of conditions for the Ina — Silverbell property, specifically the change from 41 homes to 59 homes. My husband and I bought our home in the area in 1963. At that time the relator said that we many not want to live "so far out ". We did not agree and loved living in the rural area. At that time cowboys would ride to our place asking if we had seen their missing cows. We sent our daughter to Marana to go to school. Over the years we bought more land around us, until we had a total of five SR parcels. We bought that land to protect the natural open space and for the wildlife. As you know 50 years is a long time and a lot has changed since we bought our home. With all the growth wildlife corridors have become rare and the ability for wildlife to move from one area to another has been sharply restricted. our property has become important as a large open area between Saguaro National Park and the Santa Cruz River. Many of our neighbors feel the same and also maintain large parcels. As you can imagine the property taxes on this land is high but we want to keep paying it to protect the land. The proposed change will create a bottleneck between the Saguaro National Park and the Santa Cruz River. We worked closely with Marana to come up with the existing compromise though we thought it still had too many houses. To add even more homes would indicate a broken promise between Marana and the neighbors who worked so hard with the town's policy makers. Please vote nn on any change of conditions. P Marana Council Meeting 01/20/2015 Page 08 of 2,7 8 Please print this letter for the all the Commissioners_ Thank you, Barbara B. Wilson 6645 N. Waycross Rd t Marana Council Meeting 01/20/2015 P ge 27