HomeMy WebLinkAbout08/04/2015 Council Agenda Packet7
MARANA
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MARANA TOWN COUNCIL
REGULAR COUNCIL MEETING
NOTICE AND AGENDA
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, August 4, 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
August 4, 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 Regular Council Meeting 08 -04 -2015 Page 1 of 257
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.maranaaz.gov 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
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MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
PRESENTATIONS
P 1 Presentation: Relating to Recreation; presentation regarding the 33rd El Tour de
Tucson (Jocelyn Bronson)
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 -077: Relating to Intergovernmental Relations; approving and
authorizing the Town Manager to execute a Lobbying Services Agreement with
Triadvocates, LLC, for the 2015 -2016 fiscal year; and superseding Marana
Resolution No. 2015 -059 (Tony Hunter)
C 2 Resolution No. 2015 -078: Relating to Administration; approving a business meals
and food - related function expenses administrative directive and a travel and training
administrative directive for application to Town of Marana elected and appointed
officials; and superseding Marana Resolution 2009 -89 as it relates to travel and
training policies for the Town Council (Gilbert Davidson)
C 3 Resolution No. 2015 -079: Relating to Public Works; approving and authorizing the
Mayor to execute a supplemental intergovernmental agreement between the Town
of Marana and the Town of Oro Valley to Accommodate Oro Valley Water Utility
Work as part of the Design and Construction of Roadway Improvements to
Tangerine Road — Dove Mountain Boulevard /Twin Peaks Road to La Canada Drive
(Frank Cassidy)
C 4 Resolution No. 2015 -080: Relating to Addressing; naming "Barnett Road" from
Sandario Road to Sanders Road (Frank Cassidy)
C 5 Resolution No. 2015 -081: Relating to Development; approving a preliminary plat
for Yoem Subdivision, Lots 1 -25 and Common Areas 'A -D', generally located at the
northeast intersection of W. Barnett Road and N. Sandario Road (Shannon Shula)
C 6 Approval of June 30, 2015 Special Council Meeting Minutes (Jocelyn C. Bronson)
LIQUOR LICENSES
Marana Regular Council Meeting 08 -04 -2015 Page 3 of 257
BOARDS, COMMISSIONS AND COMMITTEES
B 1 Resolution No. 2015 -082: Relating to Boards, Commissions and Committees;
making appointments to the Marana Municipal Property Corporation Board of
Directors (Jane Fairall)
COUNCIL ACTION
A 1 PUBLIC HEARING: Ordinance No. 2015.016: Relating to Development; approving
a rezoning of approximately 508 acres of land generally located one mile north of
the north terminus of Thornydale Road from 'RD -180' Rural Development to 'F'
Specific Plan for the purpose of establishing the Saguaro Ranch Specific Plan;
approving a minor amendment to the Marana General Plan; and approving and
authorizing the Mayor to execute the Amended and Restated Saguaro Ranch
Pre - Annexation and Development Agreement. (Brian Varney)
A 2 Resolution No. 2015 -083: Relating to Parks &Recreation; approving and
authorizing the Mayor to execute the Leman Academy of Excellence /Town of
Marana Reciprocal Parking License Agreement (Frank Cassidy)
A 3 Relating to Real Estate; authorizing Town staff to proceed with the sale by public
auction of approximately 2.1 acres of Town -owned land located at the southwest
corner of Twin Peaks Road and Casa Grande Highway (Interstate 10); and
approving terms and conditions for the sale (Frank Cassidy)
A 4 Relating to Annexation; Authorizing town staff to proceed with annexation of the
Pioneer Materials property located at the southwest corner of Twin Peaks Boulevard
and Interstate 10 (Frank Cassidy)
A 5 Relating to Municipal Court; identifying candidates to be invited to interview for the
position of Town Magistrate and directing staff to schedule interviews (Jane Fairall)
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.
Marana Regular Council Meeting 08 -04 -2015 Page 4 of 257
E 2 Executive Session pursuant to A.R.S. § 38- 431.03 (A)(1) for discussion, consideration
and possible interviews of candidates for appointment to the Marana Municipal
Property Corporation Board of Directors.
E 3 Executive Session pursuant to A.R.S. § 38- 431.03 (A)(1) for discussion and
consideration of applicants for the position of Town Magistrate.
E 4 Executive session pursuant to A.R.S. § 38- 431.03(A)(4) for discussion and
consultation with the Town's attorneys in order to consider the Town's position and
instruct its attorneys regarding settlement discussions conducted in order to avoid or
resolve litigation relating to the April 14, 2015 notice of claim filed on behalf of
Rancho Palomita Advisors, L.L.C. and Landmark Title Assurance Agency of
Arizona, LLC Trust 18206 -T concerning the "Public Water Infrastructure
Participation Agreement" approved on August 5, 2014 by Marana Resolution No.
2014 -074.
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
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To: Mayor and Council
Submitted For: Jocelyn C. Bronson, Town Clerk
From: Suzanne Sutherland, Assistant to the Town Clerk
Date: August 4, 2015
Strategic Plan Focus Area:
Recreation
Item P 1
Subject: Presentation: Relating to Recreation; presentation regarding the 33rd El Tour de
Tucson (Jocelyn Bronson)
Discussion:
Perimeter Bicycling Association of America /El Tour de Tucson is seeking support for the 33rd El
Tour de Tucson.
Richard DeBernardis, Founder and President, and Marilyn Hall, Media Director, will present a
short video and a plan for a new start line in Marana.
The next El Tour is November 21, 2015.
Staff Recommendation:
Presentation only.
Suggested Motion:
Presentation only.
Attachments:
No file (s) attached.
Marana Regular Council Meeting 08 -04 -2015 Page 6 of 257
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To: Mayor and Council
From: Anthony Hunter, Management Assistant
Date: August 4, 2015
Strategic Plan Focus Area:
Not Applicable
Item C 1
Subject: Resolution No. 2015 -077 Relating to Intergovernmental Relations; approving and
authorizing the Town Manager to execute a Lobbying Services Agreement with
Triadvocates, LLC, for the 2015 -2016 fiscal year; and superseding Marana Resolution
No. 2015 -059 (Tony Hunter)
Discussion:
Phoenix -based firm Triadvocates has provided lobbying services to the Town of Marana for
several years. The primary duty of this service is representing the Town in state legislative affairs.
The contract for this services agreement is renewed annually for each fiscal year.
The Town Council approved a slightly different version of this lobbying services agreement by the
June 16, 2015 adoption of Marana Resolution No. 2015 -059, but the approved version of the
agreement did not increase the compensation for Triadvocates, LLC for the new fiscal year. The
version of the agreement proposed by this agenda item revises the compensation from $45,999.96
to $49,599.96.
Financial Impact:
Fiscal Year: 15 -16
Budgeted Y
Y /N:
Amount: $49,599.96
Staff Recommendation:
Marana Regular Council Meeting 08 -04 -2015 Page 7 of 257
Based on past performance, staff recommends adoption of Resolution 2015 -077, renewing the
Lobbying Services Agreement with Triadvocates.
Suggested Motion:
I move to adopt Resolution 2015 -077, approving and authorizing the Town Manager to execute a
Lobbying Services Agreement with Triadvocates, LLC, for the 2015 -2016 fiscal year.
Attachments: Resolution 2015 -077
Lobbying Services Agreement
Marana Regular Council Meeting 08 -04 -2015 Page 8 of 257
MARANA RESOLUTION NO. 2015-077
RELATING TO INTERGOVERNMENTAL RELATIONS; APPROVING AND
AUTHORIZING THE TOWN MANAGER TO EXECUTE A LOBBYING SERVICES
AGREEMENT WITH TRIADVOCATES, LLC, FOR THE 2015 -2016 FISCAL YEAR; AND
SUPERSEDING MARANA RESOLUTION NO. 2015 -059
WHEREAS the Town of Marana and Triadvocates, LLC wish to enter into an agreement
whereby Triadvocates, LLC will provide lobbying services for the Town before state
government bodies and officials; and
WHEREAS the Town Council approved a slightly different version of this lobbying
services agreement by the June 16, 2015 adoption of Marana Resolution No. 2015 -059, but the
approved version of the agreement did not increase the compensation for Triadvocates, LLC for
the new fiscal year; and
WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests
of the citizens of Marana to enter into the lobbying services agreement addressed by this
resolution.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, that the lobbying services agreement between the Town of Marana and
Triadvocates, LLC attached to this resolution as Exhibit A is hereby approved, and the Town
Manager is authorized to execute it for and on behalf of the Town of Marana.
IT IS FURTHER RESOLVED that Marana Resolution No. 2015 -059, adopted on June
16 2015, is superseded and replaced by this resolution.
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 lobbying services agreement.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 4th day of August, 2015.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
Marana Resolution No. 2015 -077
Marana Regular Council Meeting 08 -04 -2015
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Page 9 of 257
LOBBYING SERVICES AGREEMENT
This Agreement for lobbying services (this "Agreement ") is made and entered into by
and between the TOWN OF MARANA, an Arizona municipal corporation (the "Town ") and
TRIADVOCATES LLC, a Delaware limited liability company ( "TRIADVOCATES ").
IN CONSIDERATION of the mutual obligations contained in this Agreement, the parties
mutually agree as follows:
ARTICLE I. SCOPE OF WORK/COMPENSATION
A. ENGAGEMENT AND SCOPE OF SERVICES: The Town retains TRIADVOCATES in
the capacity of lobbyist. TRIADVOCATES shall provide lobbying services at the direction
of the Town Manager as approved and directed by the Mayor and Council.
TRIADVOCATES' duties shall include providing lobbying services for the Town before
state government bodies and officials.
B. REPRESENTATION OF OTHER CLIENTS: Nothing in this Agreement shall be in-
terpreted to prohibit TRIADVOCATES from representing other clients so long as that repre-
sentation does not constitute a legal conflict of interest. The Town may waive conflicts to
the extent permitted by law.
C. COMPENSATION: For the services contemplated in this Agreement, the Town shall
pay TRIADVOCATES a fee of $4,133.33 per month, with total compensation under this
Agreement not to exceed $49,599.96.
D. CHARGES FOR COSTS AND EXPENSES: With the Town Manager's prior written
approval, the Town shall reimburse TRIADVOCATES for any reasonable out -of- pocket
costs, including costs for travel time or mileage, which TRIADVOCATES may incur as a di-
rect result of its lobbying efforts on the part of the Town. TRIADVOCATES will not
markup any of its costs.
E. BILLING: TRIADVOCATES shall bill the Town for its services on or about the first day of
each month. The Town shall pay invoices within 30 days of receipt.
ARTICLE II. TERM
This Agreement shall begin on and be effective as of July 1, 2015, and shall continue in
full force and effect until June 30, 2016, unless sooner terminated pursuant to Article III.
ARTICLE III. TERMINATION /MODIFICATIONS
A. TERMINATION: This Agreement may be terminated by either the Town or
TRIADVOCATES at any time, subject to payment of all fees and costs incurred through the
date of termination, by giving written notice to the other party. The written notice shall be
{00042417.DOC /} - 1 - 7/1/2015 JF
Marana Regular Council Meeting 08 -04 -2015 Page 10 of 257
delivered personally or by certified mail, and termination shall take effect 30 days after
receipt of the written notice by the receiving party.
B. MODIFICATION: This Agreement may not be modified except by an instrument in
writing duly executed by all parties.
ARTICLE IV. MISCELLANEOUS
A. ENTIRE AGREEMENT: This Agreement supersedes any and all agreements previous-
ly made between the parties relating to the subject matter of this Agreement, and there are
no understandings or agreements other than those incorporated in this Agreement.
B. NO ASSIGNMENT: TRIADVOCATES may not assign any rights or obligations under this
Agreement without the Town's prior written consent.
C. INDEPENDENT CONTRACTOR STATUS: TRIADVOCATES is an independent con-
tractor and nothing in this Agreement shall make TRIADVOCATES an employee of the
Town. TRIADVOCATES is solely responsible for all federal, state and local taxes, including
but not limited to FICA, unemployment compensation and workers' compensation, and
will not be subject to the personnel policies or entitled to any benefits of the Town.
D. GOVERNING LAW: This Agreement shall be governed, construed, and interpreted in
accordance with the laws of the State of Arizona.
E. ATTORNEYS' FEES: If there is a breach of this Agreement that results in litigation,
the prevailing party shall be awarded its attorneys' fees and court costs incurred in the lit-
igation.
F. SEVERABILITY: If any provision of this Agreement shall under any circumstances be
deemed invalid or inoperative, this Agreement shall be construed with the invalid or in-
operative provision deleted and the rights and obligations construed and enforced accord-
ingly.
G. 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.
H. COMPLIANCE WITH IMMIGRATION LAWS: TRIADVOCATES warrants that it
complies with all federal immigration laws and regulations that relate to its employees
and with A.R.S. § 23 -214 (A). TRIADVOCATES acknowledges that pursuant to A.R.S.
§ 41 -4401, 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 employee who works on the Agreement to en-
sure compliance with this warranty.
{00042417.DOC /} -2- 7/1/2015 JF
Marana Regular Council Meeting 08 -04 -2015 Page 11 of 257
below.
IN WITNESS WHEREOF, the parties have executed this Agreement on the last signature date
TOWN OF MARANA:
an
Gilbert Davidson, Town Manager
Date:
ATTEST:
Jocelyn Bronson, Town Clerk-
APPROVED AS TO FORM:
Jane Fairall, Deputy Town Attorney
TRIADVOCATES LLC:
B
Its:
EIN /SSN:
Date:
100042417.DOC /} -3- 7/1/2015 JF
Marana Regular Council Meeting 08 -04 -2015 Page 12 of 257
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115 5 5 W. CIVIC CENTER DRIXT. MARANA., ARIZ ONA 85 65
To: Mayor and Council
Submitted For: Gilbert Davidson, Town Manager
From: Erik Montague, Finance Director
Date: August 4, 2015
Strategic Plan Focus Area:
Community, Progress & Innovation
Item C 2
Subject: Resolution No. 2015 -078: Relating to Administration; approving a business meals
and food - related function expenses administrative directive and a travel and
training administrative directive for application to Town of Marana elected and
appointed officials; and superseding Marana Resolution 2009 -89 as it relates to
trammel and training policies for the Town Council (Gilbert Davidson)
Discussion:
In an effort to maintain transparency and accountability, Council adopted Resolution 2009 -89 in
June 2009 which, among other things, established a process for travel and training requests.
Recently, staff updated the travel and training administrative directive and created a new business
meal and food - related function expenses administrative directive. These directives both streamline
certain processes and also maintain transparency and accountability regarding the use of public
funds.
The resolution before you this evening would make both the travel and training administrative
directive and the business meals and food - related function expenses administrative directive apply
to Council and appointed officials. Doing so would provide the opportunity for greater consistency
in the use of public funds for these purposes.
If approved, the resolution would also supersede Resolution 2009 -89 to the extent that the new
resolution conflicts with the earlier resolution.
Staff Recommendation:
Council's pleasure.
Marana Regular Council Meeting 08 -04 -2015 Page 13 of 257
Suggested Motion:
I move to adopt Resolution 2015 -078, approving a business meals and food - related function
expenses administrative directive and a travel and training administrative directive for application
to Town of Marana elected and appointed officials; and superseding Marana Resolution 2009 -89
as it relates to travel and training policies for the Town Council.
Attachments: Resolution 2015 -078
F,xhihit. A
F,xhihit R
Marana Regular Council Meeting 08 -04 -2015 Page 14 of 257
MARANA RESOLUTION NO. 2015-078
RELATING TO ADMINISTRATION; APPROVING A BUSINESS MEALS AND
FOOD - RELATED FUNCTION EXPENSES ADMINISTRATIVE DIRECTIVE AND A
TRAVEL AND TRAINING ADMINISTRATIVE DIRECTIVE FOR APPLICATION TO
TOWN OF MARANA ELECTED AND APPOINTED OFFICIALS; AND SUPERSEDING
MARANA RESOLUTION NO. 2009 -89 AS IT RELATES TO TRAVEL AND TRAINING
POLICIES FOR THE TOWN COUNCIL
WHEREAS the Town Council has established broad guidelines and parameters regarding
the administration of the Town through the Marana Town Code and other ordinances and
policies; and
WHEREAS Section 3- 2 -1(G) of the Marana Town Code provides that the Town Manager
shall be the chief administrative officer and head of the administrative branch of the Town and
shall execute general administrative supervision and control of the affairs of the Town; and
WHEREAS on September 15, 2009, the Town Council approved Resolution
No. 2009 -164 authorizing the Town Manager to implement an administrative directive system
for carrying out certain administrative functions and providing consistency in the performance of
administrative tasks, in the use of Town resources and equipment, and in the implementation of
the Town Code and other ordinances and policies; and
WHEREAS the administrative directive system approved by Resolution No. 2009 -164
included the provision that any administrative directive relevant to the Town's elected and
appointed officials would be brought before the Council for its consideration and adoption by
resolution; and
WHEREAS the Town Manager has recently implemented administrative directives for
Town employees related to Business Meals and Food - Related Function Expenses and to Travel
and Training; and
WHEREAS on June 9, 2009, the Town Council approved Marana Resolution
No. 2009 -89 adopting, among other things, Council budget policies regarding travel and training;
and
WHEREAS the Town Council finds that approving the administrative directives relating
to Business Meals and Food - Related Function Expenses and to Travel and Training for
application to the Town's elected and appointed officials is in the best interests of the Town.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, that the Business Meals and Food - Related Function Expenses
Administrative Directive, attached to and incorporated by this reference in this resolution as
Exhibit A, and the Travel and Training Administrative Directive, attached to and incorporated by
this reference in this resolution as Exhibit B, are hereby approved for application to the Town's
elected and appointed officials.
Marana Resolution No. 2015 -078
Marana Regular Council Meeting 08 -04 -2015 Page 15 of 257
IT IS FURTHER RESOLVED that to the extent that the travel and training policies and
procedures adopted by Marana Resolution No. 2009 -89 conflict with the policies set forth in the
Business Meals and Food - Related Function Expenses Administrative Directive or the Travel and
Training Administrative Directive approved by this resolution, the policies and procedures
adopted by Marana Resolution No. 2009 -89 are hereby superseded and replaced by the
administrative directives adopted by this resolution.
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 administrative directives approved by this
resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 4th day of August, 2015.
ATTEST:
Jocelyn C. Bronson, Town Clerk
Marana Resolution No. 2015 -078
Marana Regular Council Meeting 08 -04 -2015
Mayor Ed Honea
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Page 16 of 257
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ADMINISTRATIVE DIRECTIVE
Title: Travel and Training
Issuing Department: Finance
Effective Date: July 1, 2015 for Town employees; Upon Council approval for elected and
appointed officials
Approved: Gilbert Davidson, Town Manager
Type of Action: New
1.0 PURPOSE
The purpose of this directive is to ensure that employee travel is consistent with the business
objectives of the Town of Marana. It also ensures fair and equitable treatment of employees
by defining procedures for authorized business travel and guidelines for expense
reimbursement.
2.0 DEPARTMENTS AFFECTED
All Town of Marana departments and employees, and elected and appointed officials
3.0 REFERENCES
3.1 IRS Publication 15, (Circular E), Employer's Tax Guide
3.2 IRS Business Mileage Rates
3.3 U.S. General Services Administration (GSA), Travel and Relocation Policy
3.4 Town of Marana Personnel Policies and Procedures, Policy 6 -3: Town - Sponsored and
Required Training
3. Town of Marana Administrative Directive Business Meal and Food Related Function
Expenses
4.0 DEFINITIONS
4.1 Business purpose: Activities that contribute to any one of the Town's major objectives
and will benefit the individual's ability to be more productive. The purpose must be for
the public's benefit and related to the department's business activities.
4.2 Commuting expense: An expense for travel between a personal residence and a regular
duty post.
Marana Regular Council Meeting 08 -04 -2015 Page 17 of 257
4.3 Duty post: The place where an employee spends the largest portion of the regular
workday or working time.
4.4 Elected official: The Town of Marana Mayor or any Town of Marana Council member.
4.5 Employee: Any full- or part -time classified or unclassified Town of Marana employee
hired for an indefinite period in a budgeted position. For purposes of this directive only,
all references to employee shall also include elected and appointed officials.
4.6 Incidental expenses: (1) Fees and tips given to porters, baggage carriers, bellhops, hotel
maids, stewards or stewardesses; and (2) transportation between places of lodging or
business and places where meals are taken, if suitable meals cannot be obtained at the
lodging.
4.7 Lodging: Actual room charges, mandatory service charges and taxes for overnight
sleeping facilities. Does not include accommodations on airplanes, trains, buses, or ships,
which are included in the cost of transportation.
4.8 Reporting period: The 10 -day period within which a Travel Reconciliation Form must be
submitted after the end of a trip.
4.9 Residence: The primary residence where the traveler lives, regardless of other legal or
mailing addresses.
4.10 Transportation expenses: Expenses for means of conveyance or travel from one place to
another (e.g., airplane, automobile, taxi, airport shuttle service).
4.11 Travel: For purposes of determining travel status, the traveler must be on official town
business and must travel away from his or her duty post longer than 12 hours and outside
a radius of 50 miles from the traveler's personal residence and duty post. Travel begins
when the traveler leaves the personal residence or duty post, whichever occurs last, and
ends when the traveler returns to the personal residence or duty post, whichever occurs
first.
4.12 Traveler: An employee traveling for a Town of Marana business purpose.
4.13 Travel expenses: Expenses that are ordinary and necessary to accomplish the official
business purpose of a trip, such as registration, transportation, lodging, meals, and
incidental expenses directly related to travel.
5.0 POLICIES AND PROCEDURES
5.1 General uuidelines
5. 1.1 A critical balance between the Town's need for cost effectiveness and the employee's
need for quality services and support must be sought when requesting travel. Travel is
warranted when personal contact is the most effective method of conducting official
Town business or training as determined by the departmental approval authority. To
maximize the effectiveness of Town resources allocated to travel activities, employee
travel should be via the best cost alternative, consistent with good business practices.
Neither luxury, nor sub - standard modes of transportation and accommodations should
be used. Departments should send the fewest number of employees required and
utilize cross - training to reduce travel expenses. Additionally, consideration should be
ADMINISTRATIVE DIRECTIVE: TRAVEL AND TRAINING
-2-
Marana Regular Council Meeting 08 -04 -2015 Page 18 of 257
made for other alternatives for conducting business, such as conference calls or web
conferences.
5.1.2 Employee travel, and the expenses associated with it, will be authorized only in
circumstances which are clearly consistent with the mission of the Town. It will be
the responsibility of each department head and manager to ensure that all employee
travel meets this objective and that reimbursement be made only for actual,
reasonable business expenses in connection with authorized travel as defined in this
directive. In order to maintain control over expenditures, any expense submitted
which does not comply with the guidelines of this directive will not be reimbursed,
unless accompanied by a written approval from Town management.
5.1.3 Travel is conducted and reimbursed according to Town policy regardless of the
funding source of the travel expense.
5.1.4 In general, air travel will be authorized for out -of -state travel and ground travel will
be authorized for in -state travel.
5.1.5 Out -of -state travel is not permitted for employees serving in an initial evaluation
period, as defined by Town policy, unless otherwise approved by the Town Manager.
5.1.6 When a traveler can reasonably and safely arrive at the destination one hour before
the scheduled event begins, he /she should depart on the same day rather than leaving
one day earlier. When a traveler can reasonably and safely return home from a trip by
8:00 p.m., an additional night of lodging should be avoided. Exceptions may be
approved by the department's approval authority.
5.1.7 Attendance at a conference, meeting, training session or similar event that does not
take the traveler away from his or her duty post longer than 12 hours and outside a
radius of 50 miles from the traveler's personal residence and duty post is not
considered "travel" for purposes of this directive. As such, a Travel Authorization
Form and a Travel Reconciliation Form are not required for any expenses. A check
request can be utilized for any necessary vendor payments. However, attendance at
the conference, meeting, training session, etc., must still be for a business purpose and
in compliance with all Town policies regarding the expenditure of Town funds.
5.1.8 To be eligible for lodging and meal expense reimbursement, travel must take the
traveler away from his or her duty post longer than 12 hours and outside a radius of
50 miles from the traveler's personal residence and duty post.
5.2 Travel authorization and approval All travel must be requested using the official Town
Travel Authorization Form (TAF), (Attachment A). In -state travel requires the approval
of the employee's immediate supervisor, department head and the Finance Director. Out -
of -state travel and travel costing over $1,000 and not specifically budgeted also requires
the approval of the Town Manager in addition to the supervisor, department head and
Finance Director. Subsequent to approval, travel arrangements, including airfare, rental
car, lodging and planning of meetings can be coordinated through the appropriate
departmental support staff. The Town will use appropriate online travel sites to facilitate
the procurement of travel.
5.2.1 Notwithstanding section 5.2 above, Town Manager approval is not required for
expenditures of the Marana Municipal Court.
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5.3 Payment of travel expenses Travel expenses for authorized travel may be paid by the
employee and reimbursed pursuant to the terms of this directive, paid by a Town credit
card, paid directly to the vendor with a check request, or the employee may request a
travel advance.
5.3.1 Requests for travel advances must be received two weeks prior to date of departure.
When advance requests are not received two weeks prior to travel, travelers will be
reimbursed upon return and completion of the Travel Reconciliation Form.
5.4 Air travel Air travel will be via the safest, most direct, and economical means.
5.4.1 Use of "Non- Refundable" airfares is recommended, as well as the lowest available
coach, economy, or discount. These fares are often considerably less expensive than
refundable unrestricted fares. In most cases, if the travel must change or the trip is
canceled altogether, the funds can be used as a credit toward future travel, less a
service charge imposed by the airline.
5.4.2 Airport parking and mileage expense for a personal vehicle is allowed only if it is less
than roundtrip taxi or shuttle fare between the traveler's residence and the airport, or
duty post and airport, whichever is applicable. If the traveler is dropped off or picked
up using a personal vehicle, parking and mileage is not reimbursable.
5.4.3 Reasonable fees, such as, baggage fees, taxes, and other necessary fees will be
reimbursed. Discretionary fees, such as early boarding passes or optional upgrades,
will not be reimbursed (see section 5.11 below).
5.4.4 Employees choosing to use personal modes of travel between cities serviced by
regularly scheduled airlines will be reimbursed based on least expensive airfare or
actual expenses, whichever is less.
5.5 Auto rental If the employee travels out -of -state via air travel, the employee may be
authorized to obtain a rental car. If the employee's lodging is more than five miles from
the training /conference site, car rental may be the most cost effective. Otherwise, taxi,
airport, or hotel shuttle service may be a more cost effective option. An auto rental must
be used only in reasonable and economical situations. An employee can request either
compact or intermediate size cars. Rentals for other types of cars are not permitted except
with Town Manager approval.
5.5.1 Wherever possible, the employee must refill gasoline prior to returning rental car for
drop off.
5.5.2 Any personal portion of the cost of a rental car must be subtracted from the total
rental bill before requesting reimbursement. The personal portion is calculated by
prorating the cost of the rental over the number of days for personal use and number
of days for business use.
5.5.3 No reimbursement is allowed for vehicle liability insurance, collision damage waiver,
or optional upgrades purchased by the traveler. The Town's insurance program
includes the same coverage for rental cars as cars owned by the Town. If the
employee accepts extra insurance cost for a domestic car rental in order to be covered
during the personal portion of the trip, the entire cost of the insurance coverage for
the entire rental period will be a personal expense and not reimbursable.
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5.6 Shuttle /taxi If the employee travels out -of -state via air travel, then taxi, shuttle, or other
means of transportation may be reimbursed if it is the most reasonable and economical
means for the traveler.
5.7 Ground travel When travel is required within the state, every effort shall be made to use
a Town - provided vehicle. If a Town vehicle is not available, the reimbursement rate will
be at the prevailing IRS mileage allowance rate upon submission of the Mileage
Reimbursement Log (MRL) (Attachment B). If an employee utilizes a personal vehicle
when a Town vehicle is available, the reimbursement rate will be at the prevailing GSA
Privately Owned Vehicle (POV) mileage reimbursement rate.
5.7.1 An employee is only authorized to use his or her personal vehicle if the employee
holds both a valid driver's license and a current comprehensive auto insurance policy,
including liability. If not, the employee is not authorized to use his or her personal
vehicle in travel for the Town.
5.7.2 When multiple employees are required to travel to the same event (e.g., a
conference), a reasonable effort should be made to carpool or otherwise consolidate
the number of vehicles used in order to conserve gasoline and the associated
expenditure.
5.7.3 An employee who receives a monthly stipend for mileage reimbursement shall not be
entitled to receive additional mileage reimbursement for travel of one day's duration
or less, unless such travel exceeds 25 miles beyond Pima County.
5.7.4 In order to receive reimbursement for mileage and /or parking fees, the employee must
complete a Mileage Reimbursement Log (Attachment B) specifying purpose of trip,
start and finish odometer reading, reduction of commute miles, point of origin,
destination and time of trip. Mileage in excess of commute miles at an amount
established by the IRS will be reimbursed for Town business.
5.7.5 The employee assumes the responsibility for all parking and traffic citations or fines.
5.8 Lodging The Town will pay the actual costs of overnight lodging at the government rate
(i.e., GSA lodging rate), "conference block" rate, or the most economical rate available.
These rates should be requested when making hotel reservations. Lodging will not be
paid for those conferences, seminars, meetings, etc. taking place within Pima County.
The employee is responsible for confirming that the rate being charged is also the rate
listed on the travel itinerary. Any discrepancies should be reported immediately and
resolved prior to travel.
5.8.1 Hotels normally hold a confirmed room, with a confirmation number, without prior
financial commitment until approximately 6:00 p.m. on the check -in date (local
destination time). In order to hold a confirmed reservation beyond that hour, the hotel
will generally require an advance deposit (normally prepayment for one night) or a
guarantee by the traveler's credit card. After a deposit is submitted or a guarantee is
made, the employee is responsible for notifying the hotel of cancellation. The
employee will not be reimbursed for the deposit or guarantee penalty if he /she fails to
make a cancellation notification unless there is extreme extenuating circumstances
beyond the control of the employee (for example, a canceled flight). Such
ADMINISTRATIVE DIRECTIVE: TRAVEL AND TRAINING
Marana Regular Council Meeting 08 - 04 - 2015
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Page 21 of 257
circumstances must be documented on the Travel Reconciliation Form, with the
documented confirmation number.
5.8.2 Some hotels hosting large conferences may require a prepayment irrespective of the
guest's arrival time. Such prepayments should generally be charged to the Town. If
the prepayment is required in excess of ten days before the conference, the
prepayment can be made directly by the Town to the hotel through submission to
Accounts Payable on a Check Request form.
5.8.3 Meals and incidentals on lodging receipts must be itemized separately. Discretionary
expenses, such as expenses for in -room stocked mini -bar or in -room movies will not
be reimbursed (see section 5.11 below).
5.8.4 The Town reimburses employees for the single occupancy cost of a standard room.
5.8.5 When traveling to a conference, it is appropriate to stay at the hotel hosting the
conference, assuming that the daily rate is not unreasonably expensive relative to
other alternatives.
5.9 Meals and Incidentals The Town will reimburse meals and incidentals by actual receipts
up to the GSA per diem rate.
5.9.1 On the days of travel to or from the destination reimbursements should be adjusted
for the employee's departure and return times, to exclude any meals not incurred
during the time of travel using the schedule below.
Departure Time
Return Time
Meal
Incidental
(per day)
Before 7:00 a.m.
After 10:00 a.m.
Breakfast
$5.00
Before 12:00 p.m.
After 1:00 p.m.
Lunch
Before 4:00 p.m.
After 6:00 p.m.
Dinner
5.10.1 The traveler may request an advance for meals and incidentals up to the GSA per
diem amount; however, the reconciliation of actual expenses will determine if either
the Town or the traveler is owed a reimbursement.
5.10.2 If a Town credit card is used for meals, itemized receipts are required and payment is
the amount actually spent for a meal, not to exceed the maximum per diem rate.
Actual itemized receipts are required for all meal and incidentals.
5.10.3 The Town's meal and incidental reimbursement will be reduced to account for meals
furnished at no cost or nominal cost to the employee. If meals are provided in the cost
of a conference, including continental breakfast, those meals should be deducted from
the reimbursement /advance request.
5.10.4 Meal tickets or other conference - sponsored meals (banquet, etc.) not included in the
conference fee, which exceed the GSA per diem rate, may be paid at the actual cost
with department head approval, if accompanied by a receipt or other verification of
cost. Costs of such meals should not be extravagant.
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5.10.5 Travelers with special dietary needs shall make every attempt to secure a reasonable
meal accommodation at the hotel or conference site.
5.11 Reconciliation/reimbursement procedures Within ten days of returning from travel, the
employee must complete a Travel Reconciliation Form and attach the required receipts
and documentation. The Travel Reconciliation Form must be certified by the employee
and signed by the department head and the Finance department. The following
documentation must be included with the Travel Reconciliation Form:
5.11.1 A receipt, invoice, or brochure providing the registration amount and information for
registration amounts paid.
5.11.2 Itemized receipts for lodging expenses.
5.11.3 Itemized receipts for airfare.
5.11.4 Itemized meal receipts should be provided for reimbursement, which will be paid up
to the GSA per diem amount. Taxi, shuttle, baggage fees, or any other business
expense that is authorized in this policy.
5.12 Lost receipts. If a lodging or other required receipt is not issued or is lost, a Lost Receipt
Affidavit (Attachment D) will be sufficient documentation of the actual cost. The Town
expects that a good faith effort will be made by an employee to collect and retain all
required receipts. The employee should avoid using a Lost Receipt Affidavit unless
absolutely necessary. Receipts are always the preferred form of documentation.
5.13 Non - reimbursable expenses. The following expenses are not reimbursable under this
directive. This list is not intended to be a complete list of unallowable items; travelers are
expected to exercise good judgment:
5.13.1 Alcohol
5.13.2 Car rental insurance purchased for domestic travel
5.13.3 Child care
5.13.4 Commuting expenses
5.13.5 Corporate card delinquency fees or finance charges
5.13.6 Dues in private clubs
5.13.7 Early boarding passes or similar for air travel
5.13.8 Frequent flier and other similar awards for hotel and car rentals
5.13.9 Gym and recreational fees, including massages and saunas
5.13.10 In -room movies
5.13.11 In -room stocked mini -bar
5.13.12 Insurance costs such as life insurance, flight insurance, personal automobile insurance
and baggage insurance
5.13.13 Laundry or valet service for travel of fewer than five days
5.13.14 Lost baggage
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5.13.15 Loss or theft of cash advance money, airline tickets, personal funds or property
5.13.16 "No- show" charges for hotel and car service, unless extreme extenuating
circumstances are documented
5.13.17 Parking tickets or traffic violations
5.13.18 Personal automobile repairs
5.13.19 Personal credit card annual fees
5.13.20 Personal entertainment
5.13.21 Personal grooming services, such as barbers, hairdressers and shoe shines
5.13.22 Personal telephone charges in excess of reasonable calls home, generally one per day
5.13.23 Pet care
5.13.24 Optional upgrades (air, hotel, car, etc.)
5.14 One -day travel In general, trips within Pima County do not qualify for reimbursement
for an overnight stay. The Town, following IRS regulations, does not allow travel meal
expense without an overnight stay. However, a bona fide business meal may be
reimbursed.
5.15 Miscellaneous expenses Certain miscellaneous expenses essential to the purpose of
authorized travel may be reimbursed. Miscellaneous expenses include: registration (if not
prepaid), costs of presentations, published proceedings, and other actual expenses in
connection with professional meetings, conferences and seminars.
5.16 Combining town and personal travel The Town does not pay travel expenses that are not
required for official Town business. The focus of the travel should be on the business
training. An employee combining personal travel before or after a conference or business
trip is responsible for the total cost of the personal travel. Personal travel expenses will
not be reimbursed, nor can it be reflected in any Town business expenses. The Town will
reimburse travel expenses at the lowest cost that should have been incurred for the
business purpose.
5.16.1 Expenses of a spouse, family member, or others accompanying the business traveler
are not reimbursable and are not to be charged on the Town credit card.
5.17 Indirect routes If the employee takes an indirect route or interrupts a direct route for
other than Town business, reimbursement for air fare will be at either the actual charge or
the charge that would have been incurred by traveling the direct route by the most
economical means, whichever is less.
5.18 Application to elected and appointed officials The provisions of this directive shall also
apply to elected and appointed officials, except that the approval process shall be as
follows:
5.18.1 All travel requests require the approval of the Mayor, the Town Manager and the
Finance Director, except that if the traveler is the Mayor, only the approval of the
Town Manager and the Finance Director is required.
ADMINISTRATIVE DIRECTIVE: TRAVEL AND TRAINING
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5.18.2 If the Mayor, the Town Manager, or the Finance Director disapprove a travel request,
the request shall be scheduled for a vote of the Town Council at a public meeting. A
majority of the Council shall constitute the final determination of approval or
disapproval of the expenditure.
6.0 RESPONSIBILITIES
6.1 Department head responsibilities
6. 1.1 Know the provisions of this directive and inform departmental staff of the Town
policy and procedures.
6.1.2 Determine if travel is necessary to achieve individual, department and Town goals.
6.1.3 Travel approval shall be completed within the departmental budget approved by
Council.
6.1.4 Approve expenses in accordance with this directive.
6.2 Employee responsibilities
6.2.1 All employees are responsible for understanding and following this directive.
6.2.2 Employees shall be personally financially responsible for unauthorized travel
expenses.
6.2.3 Requests must be submitted at least two weeks before the intended departure date.
6.2.4 Travelers should spend Town funds prudently. Business travel expenses will be paid
by the Town only if they are reasonable, necessary and in accordance with this
directive.
6.2.5 Approval must be granted prior to incurring any costs related to travel.
6.2.6 The employee requesting travel should notify support staff as early as possible of
necessary travel arrangements. Travel plans made 7 to 14 days or more in advance of
a trip will, in most cases, cost considerably less.
6.2.7 The lowest fare itinerary shall be used that meets the travel demands of the event.
6.2.8 The employee is expected to only incur expenses that are consistent with the business
purpose of the trip, and to exercise care in determining appropriate expenditures.
6.2.9 The employee is responsible for submitting the Travel Reconciliation Form and all
forms related to his /her travel within ten business days of the conclusion of the travel.
The employee may delegate responsibility for preparation of the forms, but will
always retain accountability for travel expenses.
6.2. 10 Individuals preparing Travel Reconciliation Forms have the responsibility for
applying the correct account to each receipt to ensure compliance with Town
requirements.
6.2.11 Employee must pay Town credit card balances when due.
ADMINISTRATIVE DIRECTIVE: TRAVEL AND TRAINING
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6.3 Finance Department responsibilities
6.3.1 The Finance Department is responsible for the overall financial management of the
Town's budget and may request information required to support the purposes of this
directive.
7.0 ATTACHMENTS
7.1 Attachment A - Travel Authorization Form (TAF)
7.2 Attachment B - Mileage Reimbursement Log (MRL)
7.3 Attachment C — Travel Reconciliation Form
7.4 Attachment D — Lost Receipt Affidavit
ADMINISTRATIVE DIRECTIVE: TRAVEL AND TRAINING
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Page 26 of 257
REVISION HISTORY
REV DESCRIPTION OF CHANGE DATE
OR Original Release , 7/1/15
Caution: A copy of this Administrative Directive is an uncontrolled document. It is your
responsibility to ensure you are using the current version. The electronic version is the only
acceptable and controlled Administrative Directive.
ADMINISTRATIVE DIRECTIVE: TRAVEL AND TRAINING
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Marana Regular Council Meeting 08 -04 -2015 Page 27 of 257
Attachment TRAVEL AUTHORIZATION FORM
MARANA All travel must be in accordance with the Town of Marana Travel Administrative Directive.
1 \ Use a SEPARATE FORM for each person.
06/30/2015
DESTINATION:
DESCRIPTION:
DATES (list travel dates):
Is the travel specifically identified in budget? ❑YES
Acknowledgment of Travel Administrative Directive ❑YES
DEPARTURE DATE: RETURN DATE: Which are PERSONAL (list dates if any):
DEPARTURE TIME: RETURN TIME:
Check all modes of transportation that will be used during the trip.
El Personal Vehicle El Town Vehicle El Plane
El Other:
ACCT #:
AMOUNT:
ACCT #:
AMOUNT:
ACCT #:
AMOUNT:
Only actual, pre- approved expenditures will be reimbursed. Original paid receipts
must be submitted for reimbursement of all expenses except per diem:
Payment method:
AIRFARE
LODGING 0 nights @ $ 0 $
REGISTRATION FEE $
MEAL ADVANCE (complete &attach pg. 2) $
RENTAL CAR $
MILEAGE I I miles @.575 $
PARKING FEES S
7
OTHER TRANSPORTATION $
OTHER - specify below $
TOTAL ESTIMATED COSTS $ 0
FINANCE OFFICE ONLY
ACCOUNT NUMBER AMOUNT
Marana Regular Council Meeting 08 -04 -2015
Revised: 07/2015
Purpose of business travel, including relevance to employee's position in the Town:
Traveler:
Supervisor:
Dept. Head /Magistrate:
Finance:
Town Manager, if applicable:
Mayor (for elected /appointed officials):
Date:
Date:
Date:
Date:
Date:
Date:
Page 28 of 257 page 1 of 2
NO
NO
Meal Reimbursement Rates
Maximum meal reimbursement /advance rates by location: http: / /www.gsa.gov /portal /content /104877
Please utilize the following chart to calculate the maximum meal reimbursement /advance:
- Look up the correct GSA rate from the link above for the travel location and enter the meal rates under "GSA Rate ".
- Enter the travel dates in the first row.
- Enter meals /incidental rates for each travel date based on the departure time and return time for each day. Exclude any meals included in
registration fees provided at the conference /training during travel.
Start 1st Day
Travel
Return Last Day
Travel
Meal
GSA Rate
Before 7 a.m.
After 10 a.m.
Breakfast
Before 12 p.m.
After 1 p.m.
Lunch
Before 4 p.m.
After 6 p.m.
Dinner
L-
L
Incidental
Daily Total
$5.00
$5.00
Maximum Reimbursement /Advance
Marana Regular Council Meeting 08 -04 -2015 Page 29 of 257 page 2 of 2
TOWN OF MARANA
Effective date: July 1, 2015 until revised
General Instructions
An approved training /travel authorization is required prior to training /travel for Town business. The authorization is to include ALL known or estimated
costs associated with the request, regardless of whether the expenses are to be paid through accounts payable, with a Town credit card, through
expense reimbursement to the employee, or a third -party payment /reimbursement. Please obtain authorization prior to incurring any costs.
The instructions below are intended to assist in completing the Travel Authorization form. Refer to the Town of Marana Travel Administrative Directive
for detailed information. If you require further assistance, please contact the Finance department.
Traveler: Full name of the Employee, Board member, Council member, or other authorized person traveling for the Town
Employee ID #: Number assigned by Human Resources if employed by the Town
Today's Date: The field defaults to today's date
Department: Select the department for the employee traveling
Division: If applicable, include division of department
Travel Information: Include all travel related information. Ensure to check Yes /No for the Budget and Directive questions. Attach all supporting
documentation.
Mode of Transportation: Select all that apply.
Travel Funded by: Enter the org code (ex. 10015000), object (7250 - Travel and Training) and if applicable, the project (ex. PDTRV)
Estimated Costs: Choose the payment method for each of the anticipated expenditures. If a check request is desired, with the exception of per diem, a
Check Request form or invoice is required. Attach all supporting documentation.
Travel Justification: A description is required to identify the public benefit and how the travel /training meets the Town's major objectives and is
related to the department's business activities.
Approvals: The traveler is required to sign the authorization form and provide to their supervisor. After obtaining the department approvals, submit
the form to Finance.
Marana Regular Council Meeting 08 -04 -2015 Page 30 of 257
Attachment B
i
i
MARAf
�I\.-
TOWN OF MARA N A
MILEAGE REIMBURSEMENT LOG
❑ a 1 a To 11 n ❑❑❑id❑ a❑aila Ell ❑❑ ❑ Yes F No
Employee Name:
Date
Destination
Beginning Ending Total
Mileage Mileage Miles
Business Purpose
Employee Signature:
Total Miles
0
$0.230
$0.575
$0.00
POV Reimbursement Rate
(Effective 1/1/2015)
Department Head Signature: Reimbursement Rate
(Effective 1/1/2015)
A ❑❑o ❑nt n ❑❑ ❑or❑ ER❑ ❑ ❑ir❑d ❑Total Reimbursement
Marana Regular Council Meeting 08 -04 -2015 Page 31 of 257
Attachment TRAVEL RECONCILIATION FORM
MARANA All travel must be in accordance with the Town of Marana Travel Administrative Directive.
1 \ Use a SEPARATE FORM for each person.
Jun 30, 2015
DESTINATION:
DESCRIPTION:
DATES (list travel DEPARTURE DATE: RETURN DATE: Which are PERSONAL (list dates if any):
dates):
Original paid receipts must be submitted with this form for all expenses:
Payment method:
AIRFARE
$
LODGING
$
REGISTRATION FEE
$
MEALS (complete &attach pg. 2)
$
RENTAL CAR
$
MILEAGE miles @.575
$
PARKING FEES
$
OTHER TRANSPORTATION
$
OTHER - specify below
$
TOTAL ACTUAL COSTS 5 0
AMOUNT PAID TO TRAVELER (Advance) $
AMOUNT PAID BY TOWN (Credit Card /Check) $
certify that the costs indicated herein are a true and accurate accounting of all
expenditures incurred by me in connection with official Town of Marana business.
also certify that any amounts due to the Town of Marana will be reimbursed within five
business days, if applicable.
Employee Signature:
Date:
AMOUNT DUE TO TOWN $ 0 Div /Dept. Head: Date:
Finance: Date:
AMOUNT DUE TO EMPLOYEE $
ACCOUNT NUMBER
Marana Re9wl -r f ni inr•il Meeting 09 4-220-15 5 Page 3
Revised: 07/2015 Of 2
Meal Reimbursement Rates
Maximum meal reimbursement rates by location: http: / /www.gsa.gov /portal /content /104877
Please utilize the following chart to calculate the maximum meal reimbursement:
- Look up the correct GSA rate from the link above for the travel location and enter the meal rates under "GSA Rate ".
- Enter the travel dates in the first row.
- Enter meals /incidental amounts for each travel date based on actual receipts for each day. Exclude any meals included in
registration fees provided at the conference /training during travel.
Start 1st Day
Travel
Return Last Day
Travel
Meal
GSA Rate
Before 7 a.m.
After 10 a.m.
Breakfast
Before 12 p.m.
After 1 p.m.
Lunch
Before 4 p.m.
After 6 p.m.
Dinner
L-
L
Incidental
Daily Total
$5.00
$5.00
Reimbursement Request
Marana Regular Council Meeting 08 -04 -2015 Page 3 :PgW1 of 2
MARANA
=/ I \
Attachment D
LOST RECEIPT AFFIDAVIT
When a receipt is lost or otherwise unavailable and all measures to obtain a copy have been
exhausted, the Lost Receipt Affidavit should be completed. It should be signed by the
employee and the employee's supervisor and submitted with the employee's reimbursement
request, credit card statement, or reconciliation, as appropriate.
Date: 06/30/2015
(PLEASE PRINT OR TYPE)
EMPLOYEE'S INFORMATION:
First name:
I am missing a receipt for:
I incurred this expense at:
MI: Last Name:
B usiness Name
The receipt was (check applicable):
On: For:
Date Expense Amount
F - ] Lost F Never Received Other:
The form of payment I used (check applicable):
F Town credit card F Personal credit card
F Check F Cash
F-] Travel advance F Other:
Is expense related to a business meal or food related event?
Business Purpose of transaction:
F Yes F No
I understand that a Lost Receipt Affidavit should be used on rare occasions and may not be used on a
routine basis. I further understand that excessive use of a Lost Receipt Affidavit may revoke the
privilege of providing a declaration in lieu of a receipt.
I certify that the amount shown is the amount I actually paid; that I have not and will not submit a
duplicate claim; and that I have not and will not seek a claim, for these expenses from any other source.
Additionally, if for a business meal or food related event, I certify that no alcohol was purchased.
Employee Signature
Employee Name (Printed)
Supervisor Signature
Supervisor Name (Printed)
H!"
Var an� OTmlT Council Meeting 08 -04 -2015 Page 34 of 257
evise
�pW N O
1 7
9
MARANA7
�RIZON�
ADMINISTRATIVE DIRECTIVE
Title: Business Meals and Food - Related Function Expenses
Issuing Department: Finance
Effective Date: August 1, 2015 for Town employees; Upon Council approval for elected
and appointed officials
Approved: Gilbert Davidson, Town Manager
Type of Action: New
1.0 PURPOSE
The purposes of this directive are to assist departments in determining the appropriate
expenditure of public funds for food at meetings or related events and to ensure that
expenditures are consistent with the business objectives of the Town of Marana. It also
ensures fair and equitable treatment of employees by defining procedures for authorized
business meals and food - related function expenses and guidelines for expense
reimbursement.
2.0 DEPARTMENTS AFFECTED
All Town of Marana departments and employees, and appointed and elected officials
3.0 REFERENCES
3.1 Arizona Constitution, Article 9, Section 7 - Gift or loan of credit; subsidies; stock
ownership; joint ownership
3.2 IRS Publication 15, (Circular E), Employers Tax Guide
3.3 IRS Publication 15 -13, Employer's Tax Guide to Fringe Benefits
3.4 IRS Publication 463, Travel, Entertainment, Gift, and Car Expense
3.5 Town of Marana Personnel Policies and Procedures, Section 1 -2 -2: Abuse of Position
3.6 Town of Marana Personnel Policies and Procedures, Policy 7 -5: Drug- and Alcohol -Free
Workplace
3.7 Town of Marana Administrative Directive: Travel and Training
4.0 DEFINITIONS
4.1 Business meal: A meal provided at a business meeting.
Marana Regular Council Meeting 08 -04 -2015 Page 35 of 257
4.2 Business meeting: A gathering of individuals for the purpose of exchanging information,
planning, training, or other activities, where a Town employee(s) meets with a
non - employee(s) for business purposes.
4.3 Business purposes: Activities that contribute to any one of the Town's major objectives
and will benefit employees' ability to be more productive. The purpose must be for the
public's benefit and related to the department's or Town's business activities.
4.4 Elected official: The Town of Marana Mayor or any Town of Marana Council member.
4.5 Employee: Any full- or part -time classified or unclassified employee hired for an
indefinite period in a budgeted position. For purposes of this directive only, all references
to employee shall also include elected and appointed officials.
4.6 Food - related functions: Public meetings, training sessions, meetings of the Town
Council, Boards, or Commissions, and other functions, including Town - sanctioned,
Town -wide activities such as Employee Appreciation events, at which food and
beverages are served. Food - related functions do not include budgeted, Parks and
Recreation events /programs in which the cost of the food is either paid by or recovered
from the participant.
4.7 Public meeting: A gathering of individuals for the purpose of exchanging information,
planning, training, or other activities, where the majority of attendees are non - employees,
or a gathering of individuals where the purpose is to convey information to the general
public. A public meeting must be held for a business purpose.
5.0 POLICIES AND PROCEDURES
5.1 Approval process Except as provided in section 5.2 below, all expenditures for business
meals and food - related functions must be approved in advance in order to be reimbursed
by the Town.
5. 1.1 Employees who wish to expend Town funds for business meals and food - related
functions must submit a Business Meal /Food- Related Function Authorization Form
(Attachment A) to the Finance Department.
5.1.2 The employee must provide a detailed description of the meal, program, or event,
specifying the business purpose. Generalizations such as "discussed program
operations" are insufficient.
5.1.3 The employee must submit a list of expected attendees.
5.1.4 Except as otherwise set forth in this directive, business meal expenditures require the
approval of the employee's Department Head and the Finance Director, and
food - related function expenditures require the approval of the Town Manager in
addition to the Department Head and the Finance Director.
5.1.4.1 Notwithstanding section 5.1.4 above, Town Manager approval is not required for
expenditures of the Marana Municipal Court.
5.2 Pre - approval not required The following business meal and food - related function
expenses do not require pre - approval; however, to obtain reimbursement for the
expenses, the employee must submit the documentation required by section 5.3 below.
ADMINISTRATIVE DIRECTIVE: BUSINESS MEALS AND FOOD - RELATED FUNCTION EXPENSES
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Marana Regular Council Meeting 08 -04 -2015 Page 36 of 257
5.2.1 Business meals between a Department Head(s) and a non - employee(s) that cost less
than $50.
5.2.2 Business meals between an Elected Official(s), the Town Manager, a Deputy or
Assistant Town Manager, or the Town Magistrate and a non - employee(s) regardless
of the cost of the meal.
5.2.3 Food - related function expenses that cost less than $50.
5.3 Sub stantiation/reimbursement procedures To be reimbursed for business meal or
food - related function expenditures, an employee must submit a Business
Meal /Food - Related Function Substantiation Form (Attachment B) to Finance along with
the check request or credit card reconciliation, as applicable. The form must be certified
by the employee. The following documentation must be included with the form:
5.3.1 A listing of each individual in attendance at the event, including the individual's title,
if any. For larger meetings, documentation may include a sign -in sheet, participant
roster or similar item.
5.3.2 Original itemized receipts (i.e., receipts with detailed food /beverage purchase
information). Credit card summary receipts and /or statements will not be accepted for
reimbursement. In the rare instance that no itemized receipt is available, a substitute
document (Lost Receipt Affidavit) must certify compliance with this directive,
included certification that no alcohol was purchased.
5.3.3 The public purpose of the business meeting or public meeting. Generalizations such
as "discussed program operations" are insufficient.
5.4 Non - reimbursable expenses The following expenses are not reimbursable under this
directive. This list is not intended to be a complete list of unallowable items; employees
are expected to exercise good judgment.
5.4.1 Expenses for food for employees engaged in routine Town business, except as set
forth in Town of Marana Administrative Directive: Travel and Training.
5.4.2 Expenses for business meals between Town employees.
5.4.3 Expenses for alcoholic beverages; consumption of alcoholic beverages during
business hours is a violation of Town of Marana Personnel Policies and Procedures,
Policy 7 -5: Drug- and Alcohol -Free Workplace.
5.4.4 Expenses for social functions or activities such as holiday parties, awards ceremonies,
departmental celebratory functions or similar -type events, except that funds may be
used for Town - sanctioned, Town -wide activities including, but not limited to,
Employee Appreciation events.
5.5 Application to elected and appointed officials The provisions of this directive shall also
apply to elected and appointed officials, except that the approval process shall be as
follows:
5.5.1 All expenditure requests require the approval of the Mayor, the Town Manager and
the Finance Director, except that if the person expending the funds is the Mayor, only
the approval of the Town Manager and the Finance Director is required.
ADMINISTRATIVE DIRECTIVE: BUSINESS MEALS AND FOOD - RELATED FUNCTION EXPENSES
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Marana Regular Council Meeting 08 -04 -2015 Page 37 of 257
5.5.2 If the Mayor, the Town Manager, or the Finance Director disapproves a request, the
request shall be scheduled for a vote of the Town Council at a public meeting. A
majority of the Council shall constitute the final determination of approval or
disapproval of the expenditure.
6.0 RESPONSIBILITIES
6.1 All employees are responsible for understanding and following this directive.
6.2 Employees shall be personally financially responsible for unauthorized food - related
function or business meal expenses.
6.3 Department Heads are responsible for budgeting for costs within their respective
departments and are responsible for ensuring the use of public funds is consistent with
this directive.
6.4 The Finance Department is responsible for the overall financial management of the
Town's budget and may request information required to support the purposes of this
directive.
7.0 ATTACHMENTS
7.1 Attachment A - Business Meal /Food - Related Function Authorization Form
7.2 Attachment B - Business Meal /Food - Related Function Substantiation Form
ADMINISTRATIVE DIRECTIVE: BUSINESS MEALS AND FOOD - RELATED FUNCTION EXPENSES
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REVISION HISTORY
REV
1'
DESCRIPTION OF CHANGE DATE
Original Release ' '8/1/15
Caution A copy of this Administrative Directive is an uncontrolled document. It is your
responsibility to ensure you are using the current version. The electronic version is the only
acceptable and controlled Administrative Directive.
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Item C 3
To: Mayor and Council
From: Frank Cassidy, Town Attorney
Date: August 4, 2015
Strategic Plan Focus Area:
Not Applicable
Subject: Resolution No. 2015 -079: Relating to Public Works; approving and authorizing the
Mayor to execute a supplemental intergovernmental agreement between the Town of
Marana and the Town of Oro Valley to Accommodate Oro Valley Water Utility Work as
part of the Design and Construction of Roadway Improvements to Tangerine Road —
Dove Mountain Boulevard /Twin Peaks Road to La Canada Drive (Frank Cassidy)
Discussion:
The Town of Marana and the RTA entered into an intergovernmental agreement (the "RTA
Tangerine Design/ROW IGA ") to facilitate the preparation of construction design drawings and the
acquisition of right -of -way needed for the construction of improvements to Tangerine Road —
Twin Peaks Road to La Canada Drive (the "Project "). Marana is the Lead Agency for the Project
and will be responsible for all aspects of project implementation, including construction.
To coordinate and facilitate the design and construction of the Project among local jurisdictions in
a manner consistent with the RTA Tangerine Design /ROW IGA, Marana, Oro Valley, and Pima
County entered into an intergovernmental agreement for the design and construction of the Project
(the "Local Governments Tangerine IGA ") and an amendment allowing the use of alternate project
delivery methods. In accordance with the selection process set forth in the Local Governments
Tangerine IGA as amended, a contractor (the "Project Contractor ") has now been procured to
construct the Project.
Oro Valley now desires to take advantage of the economies of scale and to avoid potential
construction conflicts by adding certain Oro Valley Water Utility modifications to the Project, to
be constructed by the Project Contractor, administered by Marana, and paid for by Oro Valley. The
proposed supplemental IGA presented by this agenda item would accomplish this.
Marana Regular Council Meeting 08 -04 -2015 Page 40 of 257
Staff Recommendation:
Staff recommends adoption of Resolution 2015 -079, approving the supplemental
intergovernmental agreement between the Town of Marana and the Town of Oro Valley to
Accommodate Oro Valley Water Utility Work as part of the Design and Construction of Roadway
Improvements to Tangerine Road — Dove Mountain Boulevard /Twin Peaks Road to La Canada
Drive.
Suggested Motion:
I move to adopt Resolution 2015 -079, approving the supplemental intergovernmental agreement
between the Town of Marana and the Town of Oro Valley to Accommodate Oro Valley Water
Utility Work as part of the Design and Construction of Roadway Improvements to Tangerine Road
— Dove Mountain Boulevard /Twin Peaks Road to La Canada Drive.
Attachments: Resolution 2015 -079
Exhibit A to Resolution
Marana Regular Council Meeting 08 -04 -2015 Page 41 of 257
MARANA RESOLUTION NO. 2015-079
RELATING TO PUBLIC WORKS; APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE A SUPPLEMENTAL INTERGOVERNMENTAL AGREEMENT BETWEEN THE
TOWN OF MARANA AND THE TOWN OF ORO VALLEY TO ACCOMMODATE
ORO VALLEY WATER UTILITY WORK AS PART OF THE DESIGN AND
CONSTRUCTION OF ROADWAY IMPROVEMENTS TO TANGERINE ROAD — DOVE
N
MOUNTAIN BOULEVARD /TWIN PEAKS ROAD TO LA CANADA DRIVE
WHEREAS the Town of Marana has entered into an intergovernmental agreement with
the Regional Transportation Authority (RTA) to facilitate the construction design and right -of-
way acquisition for roadway improvements for Tangerine Road from Dove Mountain Boulevard/
Twin Peaks Road to La Canada Drive; and
WHEREAS the Town has been identified by the RTA as the "Lead Agency" for the
proposed roadway improvements for Tangerine Road from Dove Mountain Boulevard /Twin
Peaks Road to La Canada Drive; and
WHEREAS segments of the proposed roadway improvements for Tangerine Road from
Dove Mountain Boulevard /Twin Peaks Road to La Canada Drive are located in the town limits
of Oro Valley; and
WHEREAS the Town of Marana, the Town of Oro Valley, and Pima County entered into
an intergovernmental agreement for the design and construction of the Project (the "Local
Governments Tangerine IGA ") to coordinate and facilitate the design and construction of the
Project among local jurisdictions in a manner consistent with the RTA Tangerine Design/ROW
IGA; and
WHEREAS the Town of Marana, the Town of Oro Valley, and Pima County executed an
amendment to the Local Governments Tangerine IGA allowing the use of alternate project
delivery methods for the Project; and
WHEREAS a contractor (the "Prof ect Contractor ") has now been procured to construct
the Project in accordance with the selection process set forth in the Local Governments
Tangerine IGA as amended; and
WHEREAS Oro Valley now desires to take advantage of the economies of scale and to
avoid potential construction conflicts by adding certain Oro Valley Water Utility modifications
to the Project, to be constructed by the Project Contractor, administered by Marana, and paid for
by Oro Valley; and
WHEREAS the Mayor and Council of the Town of Marana feel it is in the best interests
of the citizens of Marana to enter into the supplemental intergovernmental agreement addressed
by this resolution.
{00042626.DOCX /}
Marana Resolution No. 2015 -079 - 1 - 7/23/2015 4:12 PM FJC
Marana Regular Council Meeting 08 -04 -2015 Page 42 of 257
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, that the supplemental intergovernmental agreement between the Town of
Marana and the Town of Oro Valley to Accommodate Oro Valley Water Utility Work as part of
the Design and Construction of Roadway Improvements to Tangerine Road — Dove Mountain
Boulevard /Twin Peaks Road to La Canada Drive 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.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 4th day of August, 2015.
ATTEST:
Jocelyn C. Bronson, Town Clerk
Mayor Ed Honea
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
{00042626.DOCX /}
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Marana Regular Council Meeting 08 -04 -2015 Page 43 of 257
SUPPLEMENTAL INTERGOVERNMEN AG REEMEN T
BETWEEN
r � � E TOWN �� � ' 1 A � A.� A AN
��
THE HE r roWN obi 0 0 VALLEY 'TO ACCOMI ]NI -ODATE
- .� �r1�Y1�� � w�'. '. � � � -'1L .rry WORK AS PART OF THE
D N AN CONSTRUCTION OF RoA_I WA -9-'
IMPROVEMENTS ryo TANGERINE ROAD — I)OVE MOUNTAI
.B 0 U L l Y r A RD/ V I Jj. V PEAKS ROAD TO 1.,jA 'L... A-I .(. ]L.DA DRI VE
7'1l - is intergovernmental. agreement (this `i1- CAA. ") is entered into by and between the 1 ~ (: w - N
OF M.At A rA ( "Mara.na "), an A - iLona mu nicipal corporation, and tl e Tows or' OR ( - -) VAt_:z. �r
r � r ; r • r � • � r r r r Z
( " O ro Val ey water Utility an A._rizona municipal. c.orporat�on. M_arana and Oro Vall -ev are
sometimes collectively referred to as the "Parties," either of which is sometimes individually
re ferred to as a "Party."
RECITALS
A. M:arana has entered into an intergovernmenta agreement with the Regional Transportation
Authority of Pima County (the "RTA. "), recorded with, Its allthorizin.c -resol.11tions in. the Pima.
County Recorder's office on. Rine 6) 201.3, at Sequen 20:1.31- 570430 (the "RT.A. Tange
Desigrij'ROW IGA. ") to facilitate the preparation old construction. design. drawings and the
acquisition of right-of-way needed for the construction of improvements to Tangerine Road - -.
Twin Peaks Road to La Cahada Drive (the "Project").
1=3. Marana has been. identified by the R -TA- as the Lead Agency for the Project and will be
responsible for al.l. aspects of project implementati.on., including construction.
C. The Parties anticipate that M:arana will soon enter into an inter�oovem eiital agreement with
the RTA. (the `iRTA Tangerine Construction IGA. ") to facilitate the construction ftind.ing and
administration for the Project.
D. The Parties and Pima County entered into an intergovernmental agreement for the design and
construction of the Project, recorded in the :Pima County Recorder's office oil August 1.5,
2013, at Sequence 20132270883 (the "Local Governments Tangerine :IGA. " to coordinate
and facilitate the design and construction of the Project.
l a. The 1,ocal. Governments Tangerine 1'GA was modified by the exectltion of "Amendment
Nu.i - - nber F ' d- aged .June 3, 201.4 (Pima County Contract No. CrI~ TR- 1- 40000000f300000000016
Amendment No. 01), w hich was not recorded., but simp mocli paragraph 9 (Contractor
Selection.) to allow a contractor for the Project to he selected "rising a process that is
a by Arizona Revised Statutes Title 34."
U 004 arana Regular 6ouncil Meeting 08 -04 -2015 Wage4 4"' 1-257
F. n ac-'cordance with the se pro set forth i li the 1-oca.l. C._xove T a ng e ri n e KJA.
as modified by An'rendment Number 1. a contractor (the "Project Contractor ") has no \N/ been
p to co the Proje
G. Oro Valley water Utility now desires to tak advantacie of the economies of scale and to
avoid potential construction conflicts by adding certain Oro Valley water 'Utility
modifications to the Project, to be constructed by t.he. l?ro'ect ( _`ontractor, adnii-n.i.sterecl by
Marana, and paid for by Oro Valley water Utility.
11. The Parties are authorized to contract for services and enter into a�reerrients with one another
for joint and cooperative action pursuant to A.R.S. § 1.1 - 5?, et sect.
.?how, THEREFORE, based on the foregoing recitals, which are i ncorporated by reference
here, and in consideration of the platters and thin�,ys set forth i. this IGA, the Parties hereby agree
as follows:
L Purpose. This IGA is intended as a supplement to the RTA. Tangerine Desiern. /R.ow IGA.,
the R—TA Tangerine Construction IGA, and the Focal Gove.rrim.e.nts Tangerine IGA as
modified by .Amendment Number I (collectively the "Controlling Tangerine IGAs ") to
address only those Oro Valley water Utility facilities modifications added to the Project
pursuant to this IGA.
. Ex p ansion of tie Pro e ct.. The scol) of th e P r oject shall b e e xp an ded to i.
modifications to the Oro Valley Water Utility 24- -inch. Recl.ain Water Main and 12 inch.
Potable Mains described in detail. i "Exhibit X' attached to and incorporated by this
reference in this IGA and referred to in this IGA. as the "Oro Valley Utility work."
3. Oro Valley Water Utility's responsibilifleso Oro Valley water Utility shall:
3.1.. Provide and pay for the design of the Oro Valley Utility work, including underground.
utility location (potholing) and related survey services including As 'Built plans upon
completion of the work..
3.2. Coordinate with Psomas, the desibn engineering firm for the Project, for incorporation of
the Oro valley CJtiiity Work. desi into tl�c Tarzcrira.c Corridor. pro_jcct plans.
ID,
3.3. Provide and pay for all peer .aittinb necessary for the Project Contractor to constrtact. the
Oro Valley Utility work.
14. Timely review and, if acceptable to Oro Valley water Utility, authorize Marana to
execute: a Proj Guaranteed M:axin7tim Price with the Project Contractor- 'for the
installation and construction of the Oro Valley U1 1 1.1t y work.
::3.5. If the Project Guaranteed. Max.im.trn:i Price is unacceptable to Oro Valley water - C...1til.ity,
the Town of Maran.a and Oro Valley Water Utrl.rty will cooperrate and negotiate with the.
Project Contractor to develop ari accepta and reason Project Guaranteed
M:axinit Price.
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Marana Regular Council Meeting 08 -04 -2015 Page 45 of 257
3.6. Inspect the Oro Valley Llt :ility Fork for cc. mpli —cc with _)plicable regulations,
statutes, and standards.
3.7. Pay for the construction. of the Ciro Valley - Utility work perforrz by the Project
Contractor by laying w 30 days of recelpt from NA'arana each invoice for
const.r costs associated with the Oro Valley Utility Work.
4. Al la rana's responsibilities. Nl_arana shall:
4.1. Negoti and, if acceptable and authorized by Oro Valley Water Utility pursuant to
paragraph 3.4 above, execute a Project Guaranteed M.ax.imum Price with. the PrQJect
Contractor for the installation and constrt.rction. of the Oro Valley Utility Work, requiring
the Prc3ject Contractor's separate trac.k.Incy of all costs associated �,\ i.th the Oro Valley
I.R l.i t Work.
4.?. Coordinate construction. inspection for the Pro_Ject vvith Oro Valley Water lvAilit.y to
facilitate Oro Valley water 'Utility's inspection of the Oro Valley 'Utillt.y Work: ill
accordance with. paragraph. 3.6 above.
4.3. invoice Oro Valley Water Utility for costs of the Oro Valley Utility work: as the .Project
Contractor submits payment appl.icati.ons that include the Oro Valley Utility Work.
4.4. Provide As I3ui.l.t files in AutoCAD an PDF form to Oro Valley water Utility upon.
completion of the work
4.5. t'se its bust of fort:s to zr rirnn clla nge orders th at increase thc; cost of t1le; Ciro Valley
Utility work:.
-5. Effective date; term. 'MIs IGA. shall. become effective upon filing a fully executed original
with. the office of the Pima County Recorder and shall. continue in effect until the sixth
anniversary of final payment to the Project Contractor.
fa Consti of this 1GA.
6.1.. Entire agreerrrent. This in.str trn:r.ent constitutes the entire agreement between the Parties
pertaining to the subject matter of this IGA., and al-l- prior or contemporaneous agreements
and understandings, oral or written, are hereby superseded and merged in this IGA.
6.2. exhibits. Any exhibits to th-is K are incorporated in this IGA by this reference.
6.3. Amendment. This I G A may be modified, amended, altered or changed only by written
agreement signed by both Parties.
6.4. Construction and interpretation. All provisions of this IGA shall be construed to be
consistent wi th. the intention of the Parties as expressed i_n. the Recitals section of this
I:G A...
C.S. Severabili.ty. A declaration by statute or judicial decision that any provision of this 1(_A_ is
invalid or void shall have no effect on other provisions that car} be given. effect: without
the invalid or gold provision, arl.d to tll.is ext th-e provisions of this IGA. are severable.
z 00041424. DO( lI - 3 - 4/14/2015 3 1'M F`JC
Marana Regular Council Meeting 08 -04 -2015 Page 46 of 257
any provision of this I GA is declared invalid or void., the Parties ag ree to meet
promptly in an at.tezu.pt to reach an agreement on a subst.ittite provision.
6 .6. Conflict of interest: This IGA is sub t.o tl�e l�rovisio�zs ��f A..R.S. � 3��51 1, �'laich
provides for cancelation in certain instances involving conflicts of interest:.
70 Le Jurisdiction. Nothing in th is IGA shall be constz -Lied as either l.imiting or extending
the lebal jurisdiction of the Parties.
8. No Joint Venture. It is not intended by this IGA to, and. nothing contained in this IGA. shall
be construed ed to, create any parts erslzip, joint venture or employnzc t .rel.at.ionslli p between the
Parties or create any employer- employee relationship between. one Party and another Party's
employees. No Party shall be liable for any debts, accounts, obligations or other liabilities
w•l atsoeve � of another - Party, iz�cl.� d1. ; ( without 1 *_n.i_ztatzon) another Party's obligation. to
withhold. Social. Security and income taxes for itself or any of its en
9. No Third Party Beneficharies. Nothing in the provisions of this IGA is intended to create
duties or obligations to or rights in third parties not parties to this IGA or to affect the legal.
].].ability of either Party by imposing any standard of care different from the standard of care
imposed by law.
10. Compliance ivith Laws. The Parties shall comply with all. applicable federal, state and local
laws, rules, regulations, standards and, executive orders, without li.n-' nation to those
designated within. this IGA.
1.0. J.. Anti-- Discrimination. The provisions of A.R.S. § 41-1.463 and Exectit.ive order Number
99-4 issued by the Govern of the State of Arizona are incorporated by this reference as
a part of this IGA.
10.2. Americans with. Disabilities Act.. This .IGA zs subject to all applicable provisions of the
Americans with Disabilltl es Act (Public Law 10 42 U.S.C. 1.21. -- 1221.3) and all
applicable federal regulations under the Act, including 28 CFR. Parts 35 and 36.
10.3. workers' Compensation. An employee of either Party shall be deern.ed to be an
"employee 1) of both public agencies, while performing purSUant to this IGA., for purposes
of A.R.S. § 23 - 1.022 and the Arizona Workers' Compensation laws. The primary
employer shall be solely liable for any workers' compensation benefits, which may
accrue. Each Party shall. post a notice pursuant to th.e provisions of A.R.S. § 23
)
in stibstantially t1i.e following form :
All employees are hereby further notified that they may be required to
work under the jurisdiction. or control or within the Jurisdictional
boundaries of another ptibl.ic agency pursuant to an intergovernmental
agreement or contract, and under such circtim.stances they are deemed by
the laws of Arizona to be employees of both public agencies for the
purposes of workers
11. NVai vex. waiver by either Party of any breach of any tern, covenant or condition of this IGA
shall not be deemed a waiver of any other term., covenant or conclition., or any sLibsequent
breach of the same or any other term, covenant, or condition of this IGA..
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120 Force N /Iajeure. A party shall. not be in default undo this :IGA if" it does not :fulfill. any of its
obligations under this IGA- because i.t is prevented or delayed. in doing so by reason. of
uncontrollable forces. The ter "Lr farces" shall mean, for the purpose of this
IGA, any cause beyond the control of the party affected, including but. not 1 united to faill`rre
of facilities, breakage or accident to machinery or transmission facilities weather conditions,
Food, earthquake, lightning, fire, epidemic, war, riot, civil disturbance, sabotage, strike
lockout, labor dispute, boycott:, material or energy shortage, casualty loss, acts of God, or
acti -on or non - action by go�vernra bodies i.n appro ri.na or failing to act upon. appl - 'cat' ozzs
for approvals or permits which are not due to the negligence or willful action of the parties,
order of any government officer or court. [excluding orders promulgated- by the parties
themselves }, and declared local, state or national emergency, \ hich, by exercise of due
diligence- and foresight, such party could, not reasonably have been expected to avoid., Fithe.r
party rendered unable to fulfill any obligations by reason. of uncontrollable forces shall
exercise due diligence to remove such. inabi.11.ty with all reasonable dispatch.
1 -3. Notification . A_l.l notices or demands upon. any party to th.i-s IGA A. shal.l be in writing, unless
other forms are designated elsewhere, and shall, be delivered in person or scat by mail.
addressed as follows:
T o . arana:
TO WN OF MA R A?�
Town En gineer
11555 W Civic Center .Dr.
Maran -a, Arizona 55653
To Oro Val -ley:
TOWN OF ORO V ALLE.
Water U61.1-ty Director
1.1 000 N. La Can.ada :Dr.
Ciro Valley, Ariz.on(a 85.717
4. Remedies. Any Marty may pursue an.y remedies provided by law for the breach of this IGA -.
No right or remedy is intended to be exclusive of any other right or ren - ledy and each shall be
cumulative and in addition to any other right or remedy existing at law or in equity or by
virtue of th is IGA..
1 -5o Counterparts. This 1GA -nay be executed in two or more counterparts, ea -ch of which sh -all
be deemed an original, but al -1 of which together shall constitute one and the same in.strum.ent-.
1"he signature pages front one or more COUnt.erpart:s may be rer -noved and attached to a sl.nccyle
inst
below.
IN WITNESS WF1ER_E the Parties have executed this TGA as of the last signature date
TOWN OF MARANA
I=ad Honea, _Mayor
Date:
TOWN 014'01-ZO VALLEY
Dr. S atish I. H remath, Mayor
Date.
J[)0041424.])OC X /; - 5 - 4/14/2015 :3:09 1 FJ("
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ATTEST:
Town Clerk
ATTEST:
&/K. Bower, Town Clerk
mo mi1 /} — 6 4/14/2015 1.09 PNI F.Ir
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INTERGOVERNMENTAL AGREEMENT DETERMINATION
The foregoing intergovernmental agreement between the TOWN OF MARANA and the
TowN of ORO VALLEY has been reviewed pursuant to A.R.S. § 11 -952 by the undersigned, who
have determined that it is in proper form and is within the powers and authority granted under
the laws of the State of Arizona to the Party to this intergovernmental agreement represented by
the undersigned.
TOWN OF MARANA:
o Att ney
Date:
TOWN OF ORO VALLEY:
PI
r
Tobin Sidles, Legal Services Director
Date: 7/2...//5
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9 MAI�A)!
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To: Mayor and Council
From: Frank Cassidy, Town Attorney
Date: August 4, 2015
Strategic Plan Focus Area:
Not Applicable
Item C 4
Subject: Resolution No. 2015 -080 Relating to Addressing; naming "Barnett Road" from
Sandario Road to Sanders Road (Frank Cassidy)
Discussion:
Town staff has recently learned that Barnett Road west of Sandario Road was never officially
named. The portion of Barnett Road from Postvale Road to Sandario Road was officially named by
Pima County's recording of the official map of Establishment Proceedings No. 1792 on July 15,
1971 at Book 14 of Maps and Plats, Page 21. But Barnett Road west of Sandario Road has never
been officially named.
This resolution will officially name the one -mile stretch of Barnett Road from Sandario Road to
Sanders Road, where there is public right -of -way ranging from 60 to 200 feet in width. The portion
of Barnett Road located west of Sanders Road (where there is no current public right -of -way) will
be the subject of a later agenda item.
Staff Recommendation:
Staff recommends adoption of Resolution No. 2015 -080, officially naming Barnett Road between
Sandario Road and Sanders Road.
Suggested Motion:
I move to adopt Resolution No. 2015 -080, officially naming Barnett Road between Sandario Road
and Sanders Road.
Attachments: Resolution 2015 -080
Marana Regular Council Meeting 08 -04 -2015 Page 51 of 257
MARANA RESOLUTION NO. 2015-080
RELATING TO ADDRESSING; NAMING "BARNETT ROAD" FROM SANDARIO ROAD
TO SANDERS ROAD
WHEREAS the Town of Marana has learned that the portion of Barnett Road from
Sandario Road to Sanders Road has never been officially named; and
WHEREAS paragraph X.040(C)(1) of the Town of Marana Addressing Manual adopted
by Marana Resolution No. 2007 -136 provides for Town Council approval of street names, which
are then recorded with the County Recorder of the affected county; and
WHEREAS the Council finds that this resolution is in the best interest of the Town of
Marana and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, naming the existing public road which is currently known as Barnett
Road from Sandario Road to Sanders Road, located along the east -west mid - section line of Sec-
tion 28, Township 11 South, Range 11 East, as "Barnett Road."
IT IS FURTHER RESOLVED that the Town Clerk is hereby directed to record this reso-
lution in the office of the Pima County Recorder as soon as practicable after its adoption.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 4th day of August, 2015.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
{00042645.DOCX /}
Marana Resolution No. 2015 -080
Marana Regular Council Meeting 08 -04 -2015
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
7/27/2015 11:55 AM FJC
Page 52 of 257
9 MAI�A)!
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115 5 5 W. CIVIC CENTER DRIXT. MARANA., ARIZ ONA 85 65
Item C 5
To: Mayor and Council
From: Shannon Shula, Planner I
Date: August 4, 2015
Strategic Plan Focus Area:
Not Applicable
Subject: Resolution No. 2015 -081 Relating to Development; approving a preliminary plat for
Yoem Subdivision, Lots 1 -25 and Common Areas 'A -D', generally located at the
northeast intersection of W. Barnett Road and N. Sandario Road (Shannon Shula)
Discussion:
Request
Arrowhead Engineering, Inc., on behalf of the Pascua Yaqui Tribe, is requesting the approval of a
preliminary plat to combine two existing parcels (217-37-0400 & 217-37-0460) into a platted
subdivision consisting of 25 lots.
Location
The Yoem Subdivision is located at the northeast intersection of W.Barnett Road and N. Sandario
Road.
Zoning
The subject property is zoned "A" - small lot zone and consists of two parcels. Parcel 217-37-0400
consists of approximately 1.96 acres and parcel 217 -37 -0460 is approximately 2.62 acres. The 4.57
acre property is considered legal non - conforming as this zoning was designated during the original
incorporation of the Town.
History
On April 8, 2014, the Pascua Yaqui Tribe of Arizona requested variances (VAR - 14015) from
Section 05.02.0 LC (Zone A — Small Lot Zone Setback Requirements), Section 17.03.07
(Landscape Buffer Standards), and Section 4 and Appendix Standard Detail No. I of the Town of
Marana Subdivision Street Standard Manual, and interpretations of the Land Development Code
Section 06.03.02 paragraph N (Enclosure of Irrigation Canals) and Section 08.06 (Residential
Design). The Board of Adjustment approved the request for the three following variances:
Marana Regular Council Meeting 08 -04 -2015 Page 53 of 257
1. A variance from Section 05.02.01 C, to reduce the minimum building setbacks.
2. A variance from Section 4 and Appendix Standard Detail No. 1 of the Town of Marana
Subdivision Street Standards Manual, to reduce the required the right -of -way width and
accepts the proposed 20 feet of right -of -way and preserves the existing 20 feet of pavement.
3. A variance from Section 17.03.07 of the Town of Marana Land Development Code, which
establishes the required landscape buffer yard width based on zoning designation and accepts
the proposed wrought iron view fence at a minimum height of 4'- 11 " along the property line
adjacent to Barnett Road.
The Board of Adjustment also upheld staff s interpretation that the irrigation undergrounding and
residential design requirements did not apply to Yoem Pueblo, which was established decades
before the Town of Marana was incorporated. The process of overlaying existing Yoem Pueblo
with the Yoem Subdivision plat does not give the Town an opportunity to retroactively apply these
requirements to existing development.
Preliminary Plat
Existing parcels 217-37-0400 and 217-37-0460 will be combined to produce the Yoem Subdivision
which will consist of lots 1 -25; with a minimum lot size of 3,210.37 square feet, an average lot size
of 5,516.50 square feet, and a maximum lot size of 25,934.93 square feet.
Common Area 'A' consists of 28,864.47 square feet of private streets. Common Area 'B' consists of
1,688.23 square feet of utility area for a sewer easement. Common Area 'C' consists of 4,386.26
square feet and will accommodate 8 off - street parking spaces. Common Area 'D' consists of
4,275.99 square feet which will be the 10 -foot landscape buffer yard along Sandario Road.
Recommended Findings of Fact
1. This project request for variance (VAR- 14015) was approved by the Board of Adjustment on
04/08/14, therefore is in compliance with the Town of Marana Land Development Code.
2. The proposed subdivision does not appear to be detrimental to the immediate area or to the
health, safety and welfare of the inhabitants of the area and the Town of Marana.
Planning Commission
At the June 24, 2015 Planning Commission meeting, the Commission voted unanimously to
recommend approval of the Yoem Subdivision Preliminary Plat.
Staff Recommendation:
Staff has reviewed the request against the requirements of the Marana Land Development Code.
This preliminary plat is in conformance with all required development regulations and design
guidelines and staff recommends approval of the Yoem Subdivision Preliminary Plat.
Suggested Motion:
I move to adopt Resolution No. 2015 -081, approving a preliminary plat for Yoem Subdivision,
Lots 1 -25 and Common Areas 'A -D'.
Attachments: Resolution 2015 -081
Preliminary Plat
Marana Regular Council Meeting 08 -04 -2015 Page 54 of 257
Location Map
Application
Variance
Marana Regular Council Meeting 08 -04 -2015 Page 55 of 257
MARANA RESOLUTION NO. 2015-081
RELATING TO DEVELOPMENT; APPROVING A PRELIMINARY PLAT FOR POEM
SUBDIVISION, LOTS 1 -25 AND COMMON AREAS `A -D', GENERALLY LOCATED AT
THE NORTHEAST CORNER OF W. BARNETT ROAD AND N. SANDARIO ROAD
WHEREAS, the Marana Board of Adjustment, at its meeting on April 8 2014,
approved a Variance (VAR - 14015) for minimum setbacks (Section 05.02.01C Land
Development Code), right -of -way width (Street Standards Manual) and landscape buffer
(Section 17.03.07 Land Development Code); and
WHEREAS, the Pasqua Yaqui Tribe, the property owner, has applied for approval of a
Preliminary Plat for Yoem Subdivision consisting of 4.57 acres, including Lots 1 -25 and
Common Areas `A' (Private Streets), `B' (Utility Area), `C' (Off - Street Parking /Open Space)
and `D' (Landscape Buffer Yard), generally located at the northeast intersection of W. Barnett
Road and N. Sandario Road within the portion of Section 27, Township 11 South, Range 11 East;
and
WHEREAS, a Landscape Plan has been submitted as part of the Preliminary Plat
application as provided for in the Marana Land Development Code Section 17.03.03; and
WHEREAS, the Marana Planning Commission, at its regular meeting held on June 24 1h ,
2015, voted unanimously to recommend approval; and
WHEREAS, the Marana Town Council, at their August 4 2015 meeting, find that the
Preliminary Plat for Yoem Subdivision, Lots 1 -25 and Common Areas `A -D' should be
approved.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, that the Preliminary Plat for Yoem Subdivision, Lots 1 -25 and Common
Areas `A -D', generally located at the northeast corner of W. Barnett Road and N. Sandario Road
is hereby approved.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 4 th day of August, 2015.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
Marana Resolution No. 2015 -081
Marana Regular Council Meeting 08 -04 -2015
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
7/22/2015 4:31 PM SS
Page 56 of 257
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B FIRST AMENDMENT DETAILS CROPS CEP ER
a
TITLE SECURITY AGENCY TITLE INSURANCE COMMITMENT NO. 99- 5652356 (1/7/2015) SCHEDULE
ITEM DOCUMENT
DESCRIPTION
STATUS DARNErr R D
1 -2 N/A
TAXES; NO SURVEY ITEMS
THE RESERVATION OF ALL UNDERGROUND OR PERCOLATING WATER IN
NOT PLOTTABLE
o RED VANOERwc7
am cRo,s Q aurCa
`?
BK 314 OF DEEDS, PG
3 445,
CORTARO WATER USER'S ASSOCIATION EXCEPT THAT PURCHASERS
WILL BE ALLOWED TO PRODUCE DOMESTIC WATER BY WELL AHD PUMP
AT THEIR OWN EXPENSE, THE CAPACITY OF WHICH SHALL NOT
W _
GRIER RD
WEST LINE OF THE r o
NOT PLOTTABLE � N89 2636.84" 3 ®®
NW -1�4 OS SEC. o
BCSM NW COR. s
9i
EXCEED TO FIFTY (50) GALLONS PER MINUTE.
27, 711S, R11E Section 27 2 ®� /� 27
I L LOC H I T IO MAP
25' WIDE CMID EASEMENT LOCATED OFFSITE SCALE: 3" = 1 MILE
ADJACENT TO THE SOUTHERN BOUNDARY. M A PORTION OF THE SOUTHWEST QUARTER
OF THE NORTHWEST QUARTER OF SECTION
4 BK 107 OF MISC
RECORDS, PG 151
THE RIGHT OF WAY TO CORTARO WATER USER'S ASSOCIATION, FOR
CANAL RIGHT OF WAY, WELL SITES AND EASEMENTS, CONVEYED BY
CORTARO FARMS COMPANY TO CORTARO WATER USERS' ASSOCIATION
BY AGREEMENT.
_
BK 107 OF MISC
ALL MATTERS WHICH MAY A CHARGE ON THE PROPERTY IN QUESTION
Sr %�/EI�D, S89 °19'08 ° W 334.30 27, T -11 -S, R -11 -E, G. &S.R.M., TOWN
5 RECORDS, PG 169
BY REASON OF ITS INCLUSION IN CORTARO WATER USER'S
ASSOCIATION DISTRICT.
NOT PLOTTABLE STEM 2 S89° 19' 11 319.37' �� OF MARANA, PIMA COUNTY, ARIZONA
I SCNED. B
ITEM 7
NOT PLOTTABLE
I APN 217 -37 -0410 APN 217 -37 -0420
ZONE 4' ZONE A'
6 DK 5670, PG 603
TERMS AND CONDITIONS OF A JOINT RESOLUTION BY
CORTARO- MARANA IRRIGATION DISTRICT AND THE CORTARO WATER
USER'S ASSOCIATION RECORDED DECEMBER 12, 1977.
7 DK 4169, PG 511
THIS SUBDIVISION INCLUDES THE LAND AREAS OF THE DOMINANT
ESTATE AND SERVIENT ESTATE OF THE EASEMENT RECORDED IN THE
PIMA COUNTY RECORDER'S OFFICE AT DOCKET 4169, PAGE 511.
CONSEQUENTLY, THE EASEMENT IS NOW TERMINATED BY MERGER INTO
THE SUBDIVIDER'S FEE TITLE (RESTATEMENT 3D OF PROPERTY:
SERVITUDES SS 7.5). IN ANY EVENT, TO THE EXTENT NOT ALREADY
TERMINATED BY OPERATION OF LAW, THE SUBDIVIDER EXPRESSLY
TERMINATES THE EASEMENT WITH THE RECORDATION OF THIS PLAT.
I
I I SCHED. B
PLOTTED ITEM 1
M 9
L 2 n APN, 277 -37- -0440 APN 277 -37 -0430
�_ - - - - J L - - - - - - - - ZONE A' ZONE A'
a
_ _ _ _ - - - -
PLOTTED - - - - -
_ _ _ _ _ - - - - - I SCf ED. B
9 DK 11539, PG 697
AN EASEMENT FOR ELECTRIC LINES, APPURTENANT FACILITIES AND
INCIDENTAL PURPOSES.
I - _ _ _ _ _
I ITEM 9
NOT PLOTTABLE
BK 36 OF OFFICIAL
10 RECORDS, PG 79
MATTERS AS SHOWN ON RECORDED SURVEY
11 DK 12649, PG 469
ALL MATTERS SET FORTH IN CLAIM OF LIEN RECORDED SEPTEMBER 29, 2005
PLOTTED �/ 1
/' P/ •
_ - -
^/ 7 7
3
2// - 3/ - 0400
N
-
.,
AFFECTED AREAS:
11752 W SEWA VOO'O (LOT 5) ° SCHED. B
11762 W SEWA VOD'O (LOT 4) o o
W ITEM 7 o
11775 W ROSARIO LANE (LOT 14) NI 0 z
11792 SEWA V00'0 (LOT 1) `v o I
DK 13418, PG 216
12 DK 13418, PG 244
DK 13418, PG 270
-16
DK 13418, PG 306
COVENANT RUNNING WITH THE LAND
0
°
DK 13456 PG 76
APN 217 -37 -0450
11 772 W SEWA V00'0 (LOT 3) Q, - - - - - - - - I ZONE 4'
SCHED. B I SCHED. B
15' PUBLIC SEWER EASEMENT LOCATED ALONG ITEM -- STEM
W SEWA Y00'O, W CAMINO PINGS, W RASARIO - - - - -- ----- - - - - S89 °19 "08 ° W 133.00�
-- --- 89° 0 It
ROAD AND IN COMMON AREA V.
17 SEQ # 2011- 2440168
A 15' WIDE EXCLUSIVE PUBLIC SEWER EASEMENT TO PIMA COUNTY
FOR THE CONSTRUCTION, INSTALLATION, MAINTENANCE, REPAIR,
OPERATION, REPLACEMENT AND REMOVAL OF SEWER LINES, MANHOLES
AND APPURTENANCES IN, OVER, UNDER AND ACROSS THE REAL
PROPERTY DESCRIBED IN THIS PLAT.
1B BK 77, PG 3
MATTERS AS SHOW ON RECORDED SURVEY.
°
NOT PLOTTABLE I
S89 ° 19'08 'W 4673
NOT PLOTTABLE 589'18'54 "W 467.30'
19 SEQ # 2D12- 0260013
THE EFFECT OF A MAP PURPORTING TO SHOW THE LAND RECORDED.
NOT PLOTTABLE SST AMEND.
STEM (� STEM 2
NOT PLOTTABLE I ENDS
20 N/A
EXCEPTING MATTERS THAT WOULD BE DISCLOSED BY THE RECORDS
OF THE US DEPARTMENT OF INTERIOR, INDIAN AFFAIRS DEPT.
21 N/A
WATER RIGHT, CLAIMS OR TITLE TO WATER, WHETHER OR NOT SHOWN
BY PUBLIC RECORDS.
-
N
AMENDMENT 'REQUIREMENT' DETAILS
PLOTTED ST AMEND'
ITEM 2 0
AFFECTED AREA: 11 5) W SEWA VOO'O I Z ° z 1ST AMEND.
ITEM 2
AFFECTED AREA: 11762 W SEWA VOO'C
TITLE SECURITY AGENCY
TITLE INSURANCE COMMITMENT NO. 99- 5652356 (1/7/2015) FIRST
2 DK 6246, PG 528
A MORTGAGE BETWEEN MARANA AREA YAQUI ASSOCIATION ND
HOUSING ASSISTANCE COUNCIL, INC.
3 DK 13418, PG 209
DEED OF TRUST
4 DK 13418, PG 237
DEED OF TRUST
2
ti
(LOT 4)
AFFECTED AREA: 11775 W ROSARIO LANE
)
AFFECTED AREA: 111792 W SEWA VOO'O I A F / � 217-37-0460
/ Y •
(LOT 1) I
AFFECTED AREA: 11772 W SEWA VOD'O
(LOT 3)
10 "LANDSCAPE
5 DK 13418, PG 263
6 DK 13418, PG 299
DEED OF TRUST
DEED OF TRUST
7 DK 13456, PG 69
DEED OF TRUST
8 DK 13418, PG 220
AN OPTION AGREEMENT
-
AFFECTED AREA: 11752 W SEWA V00'0 I
(LOT 5) BUFFER
I
AFFECTED AREA: 11762 W SEWA VC0'C
(LOT 4) II
AFFECTED AREA: 11775 W ROSARIO LANE
(LOT 14)
FUTURE 90' ROW
AFFECTED AREA: 11792 W SEWA VOO'O
(LOT 1) FUTURE IMPROVEMENT
9 DK 13418, PG 248
AN OPTION AGREEMENT
0 DK 13418, PG 274
11 DK 13418, PG 310
-12 DK 13418, PG 312
AN OPTION AGREEMENT
AN OPTION AGREEMENT
0
o
a
AFFECTED AREA: 11772 W SEWA VOO'O REF PLAN N0. - - - 7 -7 N 89 °1 E 467.30'(R - .� - - Ln
(LOT 3) 2001 -016 - - _- - - '- '� N 89'1908 E 467.44 la
- - CENTER OF SECTION 27 Q - - - - TOWN OF MARANA z
- - - - -
_ _ _ - - - - - - O
- 1ST AME
STATUS STEM 2 BRASS CAP
13 DK 13456, PG 67
-14 DK 13456, PG 80
AN OPTION AGREEMENT
NEW PROPERTY RIGHTS TO BE CREATED BY FINAL PLAT
ITEM DESCRIPTION
- _
-
z
3" B.C.S.M. -
W COP. SEC 27
TO BE RECORDED BY FINAL PLAT - - - - - - - - - -
TI IS, R11E
INGRESS, EGRESS AND UTILITIES ARE GRANTED ACROSS COMMON AREA "A" FOR THE BENEFIT
OF OFFSITE PARCELS FOR 217 -37 -0410, 217 -37 -0420, 217 -37 -0430, 217 -37 -0440, AND
217 -37 -0450 AND SHALL BE GRANTED BY RECORDATION OF THE FINAL PLAT.
LL w
g Y i
TO BE RECORDED BY FINAL PLAT
HORIZONTAL SCALE: 1" -40 ip
CONTOUR INTERVAL= 1 ' CIpcT
SCHEDULE D I fCJ I
TO BE RECORDED BY FINAL PLAT 0 1
4� $� 12� AMENDMENT DETAIL'
THE PROPOSED 15 FT. PUBLIC RIGHT -OF -WAY DEDICATION ALONG SANDARIO ROAD FOR TOWN
2
OF MARANA SHALL BE "DEDICATED BY FINAL PLAT'.
ALL COMMON AREAS WITHIN THIS SUBDIV ARE RESERVED FOR THE PRIVATE USE AND
CONVENIENCE OF ALL OWNERS OR PROPERTY WITHIN THIS SUBDIVISION AND ARE DEDICATED
3 AS EASEMENTS TO THE TOWN OF MARANA, PIMA COUNTY AND ALL UTILITY COMPANIES FOR
THE PURPOSE OF ACCESS, INSTALLATION, AND MAINTENANCE OF UTILITIES, DRAINAGE AND
PUBLIC SK AND WATER FACILITIES.
-
° m
�m o
Y O E M SUBDIVISION
TO BE RECORDED BY FINAL PLAT
1 3218 N. SANDARO PD.
9 °� PRELIMINARY PLAT FOR
do
BY RECORDING THIS SUBDIVISION PLAT, PUBLIC UTILITY EASEMENTS (P.U.E) OF VARYING
WIDTH ARE HEREBY GRANTED WITHIN EACH PARCEL FOR THE EXCLUSIVE PURPOSE OF
4 INSTALLATION, ACCESS, MAINTENANCE, AND REPAIR OF ALL UTILITIES INCLUDING NATURAL
GAS, CABLE TV, TELEPHONE, PUBLIC WATER, POWER, PUBLIC SEWER, DRAINAGE
IMPROVEMENTS, AND ELECTRIC. EASEMENT LOCATION AND WIDTH PER FINAL PLAT.
BY RECORDING THIS SUBDIVISION PLAT, ONE -FOOT NO- ACCESS EASEMENT ARE DEDICATED TO
5 THE TOWN OF MARANA ALONG THE WESTERN AND SOUTHERN BORDERS OF THIS PLAT WHERE
I NDICATED.
a
Q a
`aQecnrF
LOTS 1 THROUGH 25 AND
TO BE RECORDED BY FINAL PLAT MERWINT. COMMON AREA 'A' (PRIVATE STREETS)
A R ROW H EA D 43855
vELLOwHAIR = COMMON AREA 'B' (UTILITY AREA)
COMMON AREA 'C' (OFF- STREET PARKING)
ENGINEERING, INC. asT "ed COMMON AREA 'D' (LANDSCAPE BUFFER YARD)
�RC2ava, s P BEING A PORT /ON OF THE SOUTHWEST QUARTER OF
ti ti i
EXPIRES 3/31/18 THE NORTHWEST QUARTER OF .SECTION 27,
1685 S. SAN TODARO PLACE TOWNSHIP I I SOUTH, RANGE I i EAST
o
TUCSON, ARIZONA 85713 TOWN OF MARANA, PIMA COUNTY, ARIZONA
PHONE: 520 - 822 -7702
FAX: 520 - 777 -3438 SH EE T
a
T.O.M. CASE # PRV 12019P
VAR -14015 2 O 8
PREPARATION DATE: JUL 08, 2015 AEI JOB, 209 -003
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Section 27
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SEE SHEET 5
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YOEM SUBDIVISION
13218 N. SAHDARIO RD.
FICAT
F W PRELIMINARY PLAT FOR THROUGH ze � �
S
43855 do LOTS 1 ROUGH 25 AND
ARROWHEAD MERW 'A' (PRIVATE STREETS)
� vELLOwHAI COMMON AREA HAIR � COMMON AREA 'B' (UTILITY AREA)
°a COMMON AREA 'C' (OFF- STREET PARKING)
ENGINEERING, INC. sg ° e d COMMON AREA 'D' (LANDSCAPE BUFFER YARD)
�RA, " s P BEING A PORT /ON OF THE SOUTHWEST QUARTER OF
EXPIRES 3131118 THE NORTHWEST OUARTER OF SECTION 27,
1685 S. SAN TODARO PLACE TOWNSHIP 11 SOUTH, RANGE 11 EAST G. &S.R.M.,
TUCSON, ARIZONA 85713 TOWN OF MARANA PIMA COUNTY, ARIZONA
PHONE: 520 - 822 -7702 SHEET
C ILL Cl
FAX: 520 - 777 -3438 T.O.M. CASE # PRV- 12019P JI
VAR -14015 4 0 8
PREPARATION DATE: JUL 08, 2015 AEI JOB, 209 -003
Page 60 of 257
SEE SHEET 4
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E E E �E E E E E E E E E E E E E E E E E E E E E E E E E E E
w q " q'G 4'G 4 "G 4 "G 4 "G 4 "G 4 "G 4 "G 4 "G _ �4 "G 4 "G 4 "G 4 "G 4 "G 4 "G 4 "G 4 "G CENTER OF SECTION 27
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BRASS CAP . . . . . . . EX 12 CMP - N RLS 13187
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10
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�R�2GNA, " s P BEING Al PORT /ON OF THE SOUTHWEST QUARTER OF
EXPIRES 3/31/18 THE NORTHWEST OUARTER OF SECTION 27,
1685 S. SAN TODARO PLACE TOWNSHIP 11 SOUTH, RANGE 11 EAST G. &S.R.M.,
TUCSON, ARIZONA 85713 TOWN OF MARANA, PIMA COUNTY, ARIZONA
PHONE: 520 - 822 -7702 SHEET
C ILL Cl
FAX: 520 - 777 -3438 T.O.M. CASE # PRV- 12019P JI
VAR -14015 5 0 8
PREPARATION DATE: JUL 08, 2015 AEI JOB: 209 -003
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Case Number: PRV- 12019P
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Sub'ect Property ; °'' - '•u
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Request: Approval of a preliminary plat for the Yoem Subdivision, Lots 1- 25 and
Common Areas "A" - "D"
Marana Regular Council Meeting 08 -04 -2015 Page 65 of 257
1 ;
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MARANA PLANNING & ENGINEERING APPLICATION
/ I \
❑ Preliminary Plat El Final Plat ❑ General Plan Amendment OVariance
❑ Development Plan ❑ SWPP ❑ Landscape Plan ❑ Native Plant Permit
❑ Specific Plan Amendment ❑ Conditional Use Permit ❑ Rezone /Specific Plan ❑ Native Plant Exception
❑ Significant Land Use Change ❑ Minor Land Division ❑ Water Plan ❑ Annexation
❑ Specific Plan
❑ Improvement Plan (specify e in Description of Project box* ❑ Other
2. G EN Ei RA to DATA Rl". QU I RED
Assessor's Parcel
Numbers
Gross Area (Acre /Sq. Ft.)
21 7-37-0400 & 217 ^046
7 37
4.57 acres g 245.52 . Ft.
General Plan Designation
(To be confirmed by staff)
Current Zoning
(To be confirmed by staff}
Zone "A"
Development /Project Naive
Yoem Subdivision
Proposed Zoning To Remain Zone "A"
Project Location
Directly north east of intersection Barnett Rd. and Sandario Rd_
Description of Project`
Pasqua Yaqui Tribe is proposing to combine the two existing parcels into a platted subdivision.
Property Owner
Pasqua Yaqui Tribe
Street Address
7474 S. Camino De oeste
C ity
State Zip Code Phone Number
Fax Number E - Mail Address
Tucson
AZ 85746 520 883 - 5000
520 883 - 5014
Contact Person
Rolando Jairnez
Phone Number 1 E -mail
520- 883 -5000 l Rolando.Jaimez @pascuayaqui- nsn.gov
Applicant
Rolando Jaimez
Street Address
7474 S. Camino De 0 e ste
City
State Zip Code Phone Number
Fax Number E -Mail Address
Tucson
AZ 85746 520 - 883 - 5000
520 Rolando.Jaimez@pascuayaqui- nsn.gov
Contact Person
I Phone Number/ E -mail
Agent/ Representative Arrowhead Engineering Inc.
Street Address 1685 5. San Todaro P1.
City State Zip Code Phone Number Fax Number E -Mail Address
Tucson AZ 85713 520 -777 -3438 520 - 777-343$ myellowhair @arrowheadengineeringinc.com
Contact Person Town of Marana Business
Merw T. Yellowha P.E.1 License No.
3 , AUTI 10 R 1 ZA1 10N 0 F PRO P E O WN Eli
1, the undersigned, certify that all of the facts set forth in this application are true to the best of my knowledge and that I am either the
owner of the property or that I have been authorized in writin by the owner to file this application and checklist. (If not owner of
record, attach written authorization from the owner.)
M t'J T 1 _4 LIW W OA-1 t
Print Name of A t)olicant/Aizent 8 ig��atur Date
Caselog I ao
CRW # r
Received on: 1 1_ ` 1 L
Received by:
11555 W. Civic Center Drive, Bldg. A2■Marana, AZ 85653 -7003 ■Telephone (520) 382 -2600 ■Fax (524) 382 -2641
11 -08 -1 2PO3 "21 RCVl -
Marana Re ular Council Meeti 08-04- t g 1 of 257
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AGENDA i. I "EM NUMBER: VIII. I
CASE No.: VAR -14015 CASE NAME: Yoem Pueblo
Ap2iicatit Name: Arrowhead Engi
Owner Name: Pascua Yagti i Tribe of Arizona
Location of Request. Yoem Pueblo T ort fi of Barnett and East of Sandario Road
Nature of Request: A request for variances from Section 05.02.0 LC (Zone A — Small Lot Zone Setback
Requirements), Section 17.03.07 (Landscape Buffer Standards), and Section 4 and
Appendix Standard Detail No. l of the Town of Marana Subdivision Street Standard
Manual. The applicant requests interpretations of the Town of Marana Land
Development Code Section 06.03.02 paragraph N (Enclosure of Irrigation Canals) and
Section 08.06 Residential Iesiil).
Site Size: A ppro i m ate ly 4.5 7 _acres
Zone District: A — Small Lot Zone
E ist i rig Use: S i gle Family Residential and C orn III a 1 1 i ty Common Area
Proposed Use: S I11gle Fans i ix, Residential and Com rnu ri i � y Common Area
Report Date: April 2, 2011
Project Planner: Jenna Rei l ly, Planner I
SUMMARY OF APPLICATION
Arrowhead Engineering on behalf of the Pascua Yaqui Tribe, is requesting variances from Section 05.02.01.0
(Zone A — Small Lot Zone Setback Requirements), Section 4 and Appendix Standard Detail No.1 of the Town
of Marana Subdivision Street Standard Manual, and Section 17.03.07 (Landscape Buffer Standards). The
applicant requests interpretations of the Town of Marana Land Development Code Section 06.03.02 paragraph N
(Enclosure of Irrigation Canals) and Section 08.06 (Residential Design).
LOCATION
The site is located north of Barnett and east of Sandario Road.
PROPE DEVELOPMENT STANDARDS
The subject property is zoned "A" — Small Lot Zone. Permitted uses within this zone include residential,
commercial, industrial, and quasi - public land uses so long as each land use is conducted on a lot no larger than
2.5 acres. The current property consists of two parcels. Parcel 217-37-0400 consists of approximately 1.96
acres and parcel 217 -37 -0460 is approximately 2.62 acres, and is considered legal non - conforming as this zoning
was designated during the original incorporation of the Town.
Zone "A" setbacks:
Front yard: Minimum of 20 feet
Side yard: Minimum of 5 feet, with a 10 foot minimum side yard setback
Rear yard: Minimum of 20 feet
Marana Regular Council Meeting 08 -04 -2015 Page 67 of 257
BOARD OF ADJUSTMENTS April 8, 2014
VARUNCE REQUEST
The Yoem Pueblo, which is fee simple land owned by the Pascua Yaqui Tribe has been established and
structures have been erected prior to the incorporation of the Town of Marana. Currently, 23 residential
structures and a community center exist on the 2 properties. The Pascua Yaqui tribe desires to plat the
properties into individual lots to clearly define each resident's property areas, and reduce ambiguity within the
community.
Since the community and the buildings have existed prior to the Town's incorporation, many of the individual
zoning requirements cannot be achieved during the platting process, and thus several variance requests have
been put forth by the applicants.
The applicant is requesting the following 3 variances:
1. A variance from Section .05.02.01C of the Town of Marana Land Development Code, which establishes
the required building setbacks from Zone A. Current existing structures on the property are erected so
that minimum side setbacks cannot be established through the platting process, due to the compact
building separations. There are also instances where existing buildings are located too close to existing
streets and current parcel boundaries, and meeting the current Zone "A" front and back setbacks would
not be possible once platted. Please see site plan for various locations called out by "001".
2. A variance from Section 4 and Appendix Standard Detail No. I of the Town of Marana Subdivision
Street Standards Manual, which establishes the required right -of -way width based on street type and
streets width in accordance with public works standards. Current streets within the development are
classified as local residential streets by the Town of Marana, and would require a 46 foot right of way
and 32 feet of pavement from face of curb to face of curb. The variance is necessary for the
preservation of the existing roads and residential homes. The owner is proposing 20 feet of right -of -way
and to preserve the current 20 feet of pavement. Please see site plan for locations detailed by call out
66 002".
3. A variance from Section 17.03.07 of the Town of Marana Land Development Code, which establishes
the required landscape buffer yard width based on zoning designation. The variance is requested to
depart from the landscape and bufferyard ordinance requirement, because there is not enough separation
between the existing structures and the property line to allow for adequate bufferyards and landscaping.
The applicant is proposing to provide a wrought iron view fence at a minimum height of 4' -11" along
the property line adjacent to Barnett Road. Staff is recommending a condition of approval for the
property line along Barnett to be screened by semi private fencing, which design would need final
approval from the planning department prior to construction. Please see site plan for locations detailed
by call out "003 ".
The applicant requests the following interpretations of the Town of Marana Land Development Code:
1. An interpretation of Section 06.03.02 Paragraph N, which states, "All irrigation channels and ditches,
either within the subdivision or adjacent thereto, within perimeter easements or the nearest 1 /2 of a street
or alley right of way, shall be reconstructed for the purposes of enclosure in accordance with a specific
plan and schedule acceptable and agreed upon by the Town Engineer, the subdivider and the owner of
the irrigation facilities. Such undergrounding shall be done in accordance with Town and Irrigation
District Standards. An interpretation is requested for whether this section applies since the future plat is
being recorded for an existing development and the irrigation canal enclosure provision was enacted
after this development was established and occupied by residents. If the Board f nds these standards do
apply, the applicant requests a variance from these standards.
2. An interpretation that the provision of Town of Marana Land Development Section 08.06 (Residential
Design), including neighborhood and residential design and whether these standards apply. The plat is
being recorded for an existing development, and were originally enacted after the development was
established an occupied. If the Board finds these standards do apply, the applicant requests a variance
from these standards.
Marana Regular Council Meeting 08 -04 -2015 2 Page 68 of 257
CRITERIA FOR A VARIANCE
ARS Section 9- 462.06 and Section 2.03 of the Marana Land Development Code require that, following a public
hearing, the Board of Adjustment may grant a variance only when it can be demonstrated that all of the
following three (3) criteria have been met.
1. Special conditions and circumstances exist which are applicable to the property, including its size,
shape, topography, location or surroundings, and the strict application of the zoning ordinance
will deprive the applicant of privileges enjoyed by other properties of the same classification in the
same zoning district.
The plat is being recorded for an existing development which existed prior to incorporation of the Town,
and standards within the Town of Marana Land Development Code and Town of Marana Subdivision
Streets Standards Manual were adopted after the development was established and occupied by
residents. The development met and was permitted in accordance with the standards that were adopted
by overseeing j urisdiction at the time it was erected.
2. The alleged hardships caused by enforcement of the ordinance are not self- imposed.
The subdivision plat is being recorded for an existing development, and Town codes and standards were
adopted after the structures were established and occupied.
3. Granting the variance will not confer upon the applicant a special privilege that is inconsistent
with the limitations upon other properties in the vicinity and zone in which such property is
located.
Other developments exist within Town boundaries that were built prior to the incorporation of the
Town, and are currently held to the standards that were in place during the time of construction and not
to current town standards that were adopted after their establishment.
PUBLIC NOTIFICATION
Public notice for the hearing was published in the newspaper as well as posted at various locations within Town.
In addition, public hearing notification letters were mailed to all owners of properties within 300 feet of the site.
Two notices were posted on the property. (One along Barnett Road and one on Sandario Road).
STAFF RECOMMENDATION: APPROVAL WITH THE FOLLOWING CONDITION:
1. SEMI - PRIVATE FENCING BE PROVIDED ALONG PROPERTY LINES ADJACENT TO BARNETT ROAD. SEMI-
PRIVATE FENCING BE INCORPORATED IN WITH THE LANDSCAPE BUFFER ALONG SANDARIO ROAD. THE
DESIGN MUST BE APPROVED BY THE PLANNING DEPARTMENT PRIOR TO CONSTRUCTION OF THE FENCING.
SUGGESTED MOTION
I move to approve Case No. VAR - 14015, Yoem Pueblo Subdivision Variances.
Marana Regular Council Meeting 08 -04 -2015 3 Page 69 of 257
Yoem Subdivision Variance
and Interpretation Request
MARANA
CASE VAR -14015
TOWN OF MHRANA,
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Request 0 150 300 ft. !'
A request by the Pascua Yaqui Tribe of Arizona for 2 interpretations and 3
variances from the Town of Marana Land Development Code and Subdivision
Street Standards Manual.
Data Disclaimer: The Town of Marana provides this map information 'As Is' at the request of the user with the understanding that is not guaranteed to be accurate,
correct or complete and conclusions drawn from such information are the responsibility of the user. In no event shall The Town of Marana become liable to users of these
data, or any other party, for any loss or direct, indirect, special, incidental or consequential damages, including but not limited to time, money or goodwill, arising from the
use or modification of the data.
Marana Regular Council Meeting 08 -04 -2015 Page 70 of 257
9 MAI�A)!
R �Jii D
115 5 5 W. CIVIC CENTER DRIXT. MARANA., ARIZ ONA 8 5 65
Item C 6
To: Mayor and Council
Submitted For: Jocelyn C. Bronson, Town Clerk
From: Suzanne Sutherland, Assistant to the Town Clerk
Date: August 4, 2015
Subject: Approval of June 30, 2015 Special Council Meeting Minutes (Jocelyn C. Bronson)
Attachments: Draft 06 -30 -2015 Special Council Meeting Minutes
Marana Regular Council Meeting 08 -04 -2015 Page 71 of 257
� 0F
1 7
9 MARANA7
0
MARANA TOWN COUNCIL
SPECIAL COUNCIL MEETING
MINUTES A&
11555 W. Civic Center Drive, Marana, Arizona 85653
Council Chambers, June 30, 2015, yWfter 6:00 PM
Ed Honea, Mayes'
Jon Post, Vice Mayor
David Bowen, Council Member
Patti Comerford, Council Member
Herb Kai, Council Member
Carol McGorray, Council Member
Roxanne Ziegler, Council Member
SPECIA IL MEETI G
CALL TO ORDER AV ROLL CALL. Mayor called the meeting to order at 6:00
p.m. Town Clerk Bronson called roll. Council Member Ziegler was excused, Council Member
McGorray participated telephonically, and Council Member Bowen arrived at the dais at 6:07
p.m. There was a quorum present irior to Councilklember Bowen's arrival.
PLED
Honea
DENT OF SILENCE. Led by Mayor
APPROVAL OF AGENDMotion76approve, removing Item P 1, by Vice Mayor Post,
second by Council Member Ka' assed unanimously 6 -0.
N& CALL TO THE PUBLIC. Debbie Shepherd addressed Council with her concerns with the
Planning Director and the Planning Commission actions regarding the Marana 59 project.
PROCLAMATIONS
Proclamation: August 2015 as Drowning Impact Awareness Month
Ms. Bronson read the proclamation into the record.
MAYOR AND COUNCIL REPORTS: SUMMARY OF CURRENT EVENTS
No reports.
Marana Regular Council Meeting 08 -04 -2015 Page 72 of 257
MANAGER'S REPORT: SUMMARY OF CURRENT EVENTS
No reports.
PRESENTATIONS
P 1 Presentation: Relating to Recreation; presentation regarding the 33rd El Tour de Tucson
(Jocelyn Bronson) (Removed from the agenda per request by the presenters until the August 4,
2015 meeting.)
CONSENT AGENDA. Motion to approve by Vice Mayor Post second by Council Member
Kai. Passed unanimously 6 -0.
C 1 Resolution No. 2015 -067 Relating to Utilities; proving and authorizing the Utilities
Director to execute Amendment No. 1 to Resource Aggregation Contract No. 11 DSR 12215
among United States Department of Energy Western Area Power Administration, Town of
Marana, Arizona, Utilities Department, and Arizona Electric Power erative, Inc. (John
Kmiec) 1*
C 2 Resolution No. 2015 -068 Relating to Developm approving a final plat for The
Estates at the Tortolita Foothills, Lots 1 -7 and Common rea "A" (Private Streets and Utilities),
generally located along the south side of oore Road between Camino De Oeste and Thornydale
Road (Ryan Mahoney)
C 3 Resolution Jo. 2 lating to Rea state; reclassifying and designating certain
Town -owned land adjacent to Ina Road immediately east of Interstate 10 as Ina Road public
right -of -way (Frank Cassidy)
C4 4 Resolution No. 201 -070 Relating to the Police Department; approving and authorizing
the Chief of Police to execute a renewal of an intergovernmental agreement between the State of
Arizona Department of Public Safety and the Town of Marana regarding the administration,
funding and operation of the Arizona Vehicle Theft Task Force for fiscal year 2016 (Lisa Shafer)
C 5 Resolution No. 201 A-1 elating to Development; approving a final replat for Saguaro
Bloom Block 4 (formerly Saguaro Springs Block 4) lots 441, 477, 480, 481, 485, 486, 487, 491,
492 513 536 545 546 549 556 559 560 579 607, and Common Areas 'A' and 'B'. (Shannon
Shula)
C 6 Approval of April 28, 2015 Special Council Meeting Minutes and June 16, 2015 Regular
Council Meeting Minutes (Jocelyn C. Bronson)
Marana Regular Council Meeting 08 -04 -2015 Page 73 of 257
LIQUOR LICENSES
BOARDS, COMMISSIONS AND COMMITTEES
B 1 Resolution No. 2015 -072 Relating to Boards, Commissions and Committees; approving
the appointment of Brad DeSpain to the Marana Public Safety Personnel Retirement System
local board (Jocelyn Bronson) Mayor Honea noted that he chairs this Board and that this would
be a re- appointment of Mr. DeSpain to another term. Motion to approve by Vice Mayor Post,
second by Council Member Kai. Passed unanimously 6 -0.
COUNCIL ACTION
A 1 Resolution No. 2015 -073 Relating to Administrate ; authorizing the Town Manager to
direct staff to close the relief effort account for the victims of Hurricane Katrina established by
Resolution No. 2005 -120 and to donate any funds maining in the account (Jane Fairall). Ms.
Fairall noted that about $550 remains In this account from various contributors. She asked for
Council direction to distribute these proceeds and close this account. After hearing several
options, the Council chose to distribute the balance of the account to the American Red Cross.
Motion by Mayor Honea to approve the American Red Cross as the designated recipient of the
remaining proceeds, second by Vice Ma or Post. Passed unanimously 6 -0.
A 2 Resolution No. 2015 -074 Relating to Real Property; approving and authorizing the
Mayor to execute an Option and Wireless Communications Facility Lease Agreement with
Verizon Wireless LLC for the lease of approximately 864 square feet of Town -owned property at
the Town of Marana water reservoir site located at Linda Vista Boulevard and Hartman Lane
(Jane Fairall). Presented by Ms. Fairall. After Council discussion, Vice Mayor Post moved to
approve, seconded by Coun owen. Passed unanimously 6 -0.
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A 3 4 ' R esolution No. 201 -075 Relating to Municipal Court; approving a recruitment and
selection process and a job posting, including minimum qualifications and salary range, for the
position of Town Magistrate (Jane Fairall). Ms. Fairall noted that after serving as magistrate for
several years, Judge Charles Davies tendered his resignation, effective July 31, 2015. She
reviewed the recruitment and selection process, including qualifications and salary. Motion to
approve by Council Member B second by Vice Mayor Post. Passed unanimously 6 -0.
A 4 Ordinance No. 2015.015 Relating to Utilities; changing the name of the Marana Utilities
Department to the Marana Water Department; and making global conforming revisions to the
Town Code. Presented by John Kmiec, who briefed the Council on the reason for the name
change which was basically to create a stronger brand identity and avoid further confusion for
citizens who assumed that "utilities" meant all utilities. Further, the original name of the
department in 1997 was the Marana Water Department. In 2007, the name was changed to
"Utilities." This ordinance begins the process to revert back to Marana Water Department.
Marana Regular Council Meeting 08 -04 -2015 Page 74 of 257
Motion to approve by Vice Mayor Post, second by Council Member Kai. Passed unanimously
6 -0.
A 5 Resolution No. 2015 -076 Relating to Utilities; approving and authorizing the Mayor to
execute an agreement with B.K.W. Farms, Inc. for in lieu water deliveries and storage. John
Kmiec presented this as a new opportunity which recently opened up to use BKW Farm's
groundwater savings facility to deliver our CAP water directly to them. He noted that this was
beneficial to the town and BKW Farms. Moving forward if the agreement is approved it will
yield cost savings. We will not pay a water storage fee. Currently, there is a $15 /acre foot charge
for deliveries to the Lower Santa Cruz recharge project. BKW will provide the town with a
$12 /acre foot incentive to deliver the water to their farms. Also, because water resources are lost
due to evaporation and ADWR affixes an evaporation rate to what gets delivered to any recharge
projects in a year, that is subtracted from our CAP allocation and what we get credit for. Also,
another term is safe harbor, and that extends to a larger area of our production wells than we
would with the Lower Santa Cruz recharge project northeast of the airport. ADWR determines
safe harbor or the hydrologic benefit of using renewable resources by the one mile buffer of
where you use it. So when we get our CAP water delivered to Marana, it benefits directly around
the recharge prof ect within a one mile buffer around the single delivery point. By using the
BKW groundwater savings facility permit, it benefits more of our production wells by saving
more groundwater pumping in a much lar er geographic area. He then went through the
numbers relative to savings.
The recommendation from the water department are to execute a agreement for storage at their
groundwater savings facility, and the town will acquire n needed ; permits.
Motion to approve by ouncil Mem er Bowe coed by Council Member Kai. Passed
unanimously 6 -0.
A-
ITEMSFORDIS 4SIGN SIB I
D 1
p f ng to Utilities; Update on the Town of Marana's Water resources with discussion
and possible action regarding potential water resource opportunities with Avra Water Co -op.
Presented by John Kmiec who began by reviewing the renewable water resource portfolio. We
have another renewable resource which is the effluent from the wastewater treatment plant. This
is producing just over 350 acre feet a year now. We have projections based on the building out of
North Marana, and we know these projects will move and flow with the economy. Our
projections go from 370 to possibly 1700 acre feet a year, and ultimately 4,000 acre feet a year.
That is a renewable resource that this community generates and grows. The potential with the
Co -op is an 808 acre foot of CAP Priority 3 allocation that Avra Water obtained several years
ago that they have not been able to use in their water service area. They are considering
reallocating this water back to CAP to be allocated to another user. Currently, there is a gap
between the total system demand and the renewable resources we have. We have to make up
with either one -time groundwater credits that we already have or long -term storage credits that
we have been purchasing over the years. Those are not renewable resources. Mr. Kmiec
indicated on a graph the current deficit situation, noting that the gap continues even though our
renewable supplies are growing with the effluent. If the town is able to work with Avra Water
Marana Regular Council Meeting 08 -04 -2015 Page 75 of 257
and they end their contract for their CAP allocation, then Marana can put itself in a position of
having that water allocated to the town and the gap closes by having the 808 acre feet of Priority
3 water in the same scenario. There is a very short period of time where the town is banking
water and banking extra credit water for the future.
Overall, the town is in a good position to work with Avra Water Co -op on this. One of the things
we would have to do is demonstrate that the town will geographically benefit from what Avra
Water is currently using. Staff believes, based on the General Plan area and based on Avra Water
being located in the Picture Rocks area, that we will be in a strong position to go before ADWR
and demonstrate that we are a contiguous community above the aquifer where the CAP water
can still benefit the region as a whole.
Mr. Kmiec noted that the discussions are preliminary at t is time, but he wanted Council to be
aware of the potential for the reallocation process so that he could use his and his staff s time to
discuss this with ADWR and CAP should the opportunity arise. This is a presentation only, but
Council can provide direction for continuing discussions with Avra Water. Motion by Council
Member Bowen to direct staff to continue negotiations with Avra Water to see if we can obtain
this water. Second by Council Member Comerford. Passed unanimously 6-
D 2 Relating o Administration; report to the Town ouncil pursuant to Marana Town Code
g � p p
Section 3 -4 -4 regarding an emergency purchase. Erik Montague presented a report to Council
as required by the Town Code relating to the stabilization of the affected development. Morris
Reyna from the Engineering department was also present. In the fall of 2014, the Public Works
department, as part of their normal maintenance within The Pines development, identified some
collapsing and lifting of roadways, asphalt, a porting flatwork. Engineering and Public
Works collaborated to determine the cause. It appears there is a 25 -foot pit that was filled in as
part of the site preparation for the development. It further appears that although it was filled with
soils, it may not have been filled with engineered and compacted soils. Over time and an
infiltration of water, those soils are now compacting. The group worked with the home builder to
identify solutions for the public rig of way and portions of the private development. A possible
vendor was identified to meet the overall timelines to make the repairs before significant
moisture occurs with the monsoon season. Since that season is already upon us, time is of the
essence.
T
I t
he recommended t atment is a two -step treatment; the first step will be to treat the soils at a
depth of up to 25 feet with a filler — a structural urethane product that once it goes through its
process will be stabilized in the ground for some time. Once that is done up to a few feet of the
soil surface the second treatment will use a different product, an expanding material, that will lift
portions of the sidewalk, asphalt and other sections as determined necessary. Based on the
overall timeframe and the significance of the safety factors related to uneven pavement, Public
Works requested that we treat this as an emergency and stabilize that as soon as we can. The
estimated impact on the public right of way piece is a little over $100K. Tied to that will be
additional stabilization work that will be by or done by and paid for separately by Richmond
American for the private portions of those properties. Public Works, working with the
engineering group, has reviewed the proposals submitted for this work and determined that the
Marana Regular Council Meeting 08 -04 -2015 Page 76 of 257
approach techniques and costs are reasonable and requested that we move forward with this
emergency. This is a full report and no action is required to Council.
Council Member Kai asked if there was a warranty period involved when the town accepted
responsibility for maintaining the streets. Mr. Montague responded that there was a warranty
period. Usually, it's up to one year, but it can be longer. Council Member Kai indicated that it
might be better to wait until we know more before accepting the streets. Mr. Montague stated
that the priority is to stabilize the existing condition and then see if there is any additional
opportunity to cover these costs. Council Member Comerford agreed with Council Member
Kai. We want to make it safe right away for our citizens, but she is concerned if this is a liability
caused by the builder that we make it clear that this is not accep Tale. Mr. Davidson interjected
that the original builder was Standard Pacific, but that Richmond American is taking
responsibility for repairs for the private portions. May onea agreed. No action is necessary.
D 3 Relating to Administration; discussion,' consideration and N possi action regarding
potential amendments to the Town Manager's Employment Agreement e ween the Town of
Marana and Gilbert Davidson approved on July 2, 2013. airall noted that this item should
follow the executive session, E 2.
Council reconvened on the dais at 7:1 p. ouncil Member McGorray was again connected
telephonically. Mayor Honea made a motion, seconded by Council Member Comerford, to
give Mr. Davidson a two year contract as it was before, except for the dates. That includes the
100 hours of sell back and $190,000 salary. Ms. Fairall noted that there's actually no term in
the current agreement. It's got an open term; it's effective when it's approved by Council and
continues in full force and effect unless it's terminated by either party. Mayor Honea asked
Council if the ere was an objec ear c act. There being no further discussion, the
Council voted 6 -0 in avor o Nth otion.
EXECU E SESSION
1. Executive Session pursuant to A. S. §38- 431.03 (A)(3), Council may ask for discussion
or consultation for al advice with the Town Attorney concerning any matter listed on this
agenda. 1
2. Executive Session pursuant to A.R.S. §38- 431.03 (A)(1) to discuss and evaluate the
performance of Town Manager Gilbert Davidson. Motion to go into executive session at 6:45
P.M. by Council Member Bowen, second by Vice Mayor Post. Passed unanimously 6 -0.
FUTURE AGENDA ITEMS
ADJOURNMENT. Upon motion by Vice Mayor Post, second by Council Member Bowen, the
meeting adjourned at 6:17 p.m. Passed unanimously 6 -0.
Marana Regular Council Meeting 08 -04 -2015 Page 77 of 257
CERTIFICATION. I hereby certify that the foregoing are the true and correct minutes of the
public session of the Special Council Meeting held on June 30, 2015. I further certify that a
quorum was present.
Jocelyn C. Bronson, Town Clerk
Marana Regular Council Meeting 08 -04 -2015 Page 78 of 257
9 MAI�A)!
R �Jii D
115 5 5 W. CIVIC CENTER DRIXT. MARANA., ARIZ ONA 85 65 3
To: Mayor and Council
From: Jane Fairall, Deputy Town Attorney
Date: August 4, 2015
Strategic Plan Focus Area:
Not Applicable
Item B 1
Subject: Resolution No. 2015 -082: Relating to Boards, Commissions and Committees; making
appointments to the Marana Municipal Property Corporation Board of Directors (Jane
Fairall)
Discussion:
Marana Resolution No. 89 -08 approved the formation of the Marana Municipal Property
Corporation (MMPC) with the purpose of financing the costs of acquiring, constructing,
reconstructing or improving buildings, equipment and other real and personal properties suitable
for use by and for leasing to the Town of Marana. The resolution also approved the articles of
incorporation and the bylaws for the MMPC. The articles of incorporation provide that the MMPC
shall be managed by a board of not less than three directors, each of whom shall be a Town
resident, appointed by the Town of Marana Council for terms of four years, and the bylaws set the
number of directors at five.
The last appointments to the board took place on April 15, 2008, when Councilmembers McGorray
and Kai were appointed, along with Hurvie Davis, Dan Sullivan and Roger Forrester. These board
members' terms expired in 2012; however, their terms were held over until their replacements
could be appointed. The Town has advertised for the vacancies on the board and three qualified
candidates - George Kennedy, Lori Malangone, and Jeff Bronaugh, have expressed their desire to
serve. The applications of George Kennedy, Lori Malangone, and Jeff Bronaugh are included in
the Council's packet. In addition, Councilmembers McGorray and Bowen have expressed interest
in serving on the board.
At tonight's meeting, the Council may do one or more of the following:
1. Interview one or more applicants either in public or in an executive session scheduled for that
purpose.
Marana Regular Council Meeting 08 -04 -2015 Page 79 of 257
2. Make one or more appointments.
3. Order the solicitation of additional applications.
4. Take any other action it deems appropriate.
Staff Recommendation:
Staff recommends the appointment of Carol McGorray, Dave Bowen, George Kennedy, Jeff
Bronaugh, and Lori Malangone to the MMPC Board of Directors.
Suggested Motion:
I move to adopt Resolution No. 2015 -082, appointing Carol McGorray, Dave Bowen, George
Kennedy, Jeff Bronaugh, and Lori Malangone to the MMPC Board of Directors.
Attachments: Resolution 2015 -082
George Kennedy Application
Lori Malangone Application
Jeff Bronaugh Application
Marana Regular Council Meeting 08 -04 -2015 Page 80 of 257
MARANA RESOLUTION NO. 2015-082
RELATING TO BOARDS, COMMISSIONS AND COMMITTEES; MAKING
APPOINTMENTS TO THE MARANA MUNICIPAL PROPERTY CORPORATION BOARD
OF DIRECTORS
WHEREAS Marana Resolution No. 89 -08 approved the formation of the Marana
Municipal Property Corporation (MMPC) with the purpose of financing the costs of acquiring,
constructing, reconstructing or improving buildings, equipment and other real and personal
properties suitable for use by and for leasing to the Town of Marana; and
WHEREAS Marana Resolution No. 89 -08 also approved the articles of incorporation and
the bylaws for the MMPC; and
WHEREAS the articles of incorporation of the MMPC provide that the MMPC shall be
managed by a board of not less than three directors, each of whom shall be a Town resident,
appointed by the Town of Marana Council for terms of four years, and the bylaws set the number
of directors at five; and
WHEREAS the Mayor and Council desire to fill existing vacancies and find that the
appointments addressed by this resolution are in the best interest of the Town and its citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, appointing Carol McGorray, Dave Bowen, George Kennedy, Jeff
Bronaugh, and Lori Malangone to the Marana Municipal Property Corporation Board of
Directors with terms expiring August 3, 2019.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 4th day of August, 2015.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
Marana Resolution No. 2015 -082
Marana Regular Council Meeting 08 -04 -2015
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
Page 81 of 257
George Alfred Kennedy
George Kennedy is an independent business owner and retired senior level U.S. Department of State
executive with over 25 years of international and domestic experience in public affairs and media
relations, governmental policy issues management, and program direction in complex cultural and
business environments.
His areas of expertise include strategic planning, press /media relations, advocacy/business outreach,
project /resource management, and negotiation/conflict resolution. He held management and public
affairs positions in Washington, DC, Italy, Germany, Belgium, France, South Korea, the Philippines,
and Canada.
In retirement, following a distinguished career in the Foreign Service of the United States, George co-
founded a professional services firm to deliver premier advice for businesses seeking growth
opportunities in both domestic and foreign markets. Mr. Kennedy is a strong advocate for female and
minority business empowerment and, as an executive editor for special projects, has authored and co-
authored a series of articles on empowerment issues published by The Black Business Journal of
Houston, Tx. Since 1997, he has served on the boards of several technology companies in the Greater
Washington (DC) Metropolitan Area and in Toronto Canada.
Mr. Kennedy was a political advisor to Maynard Jackson, the former Mayor of Atlanta, and has
authored a series of strategy pieces for several members of Congress and three presidential candidates.
He is a member of the Board of Advisors for the School of Social and Behavioral Sciences at the
University of Arizona in Tucson, AZ., and a member of the Board of Directors of the United way for
Tucson and Southern Arizona. A member of the Marana, AZ Chamber of Commerce, George is the
Chair of the Economic Development Committee. George works closely with the Marana chamber
president and local town officials on issues related to business development and the local economy.
The capstone of Mr. Kennedy's career was an assignment as the U.S. Consul General in Toronto,
Ontario, Canada where he played a leading role to defuse tension in the U.S.-Canadian relationship and
build civic and business support for the North American Free Trade Agreement (NAFTA).
As a Senior Advisor to Donald H. Brown, former U.S. Commerce Secretary, he helped plan the
Secretary's international agenda and accompanied him on his initial trade and investment missions to
Latin America, Asia, Europe, and the Middle East. Earlier, Mr. Kennedy was a Deputy Assistant
Secretary of State for Public Affairs at the Department of State in Washington, D.C. under Margaret
Tutwiler and Secretary of State, James A. Baker III.
There, he represented the State Department at daily meetings of the white House Gulf Strategy
Working Group prior to the Gulf war in 1 991, and supervised the Office of Public Affairs participation
in creating the Citizens Democracy Corps that engaged the U.S. private sector in developing
democratic institutions in the former Soviet Union.
Mr. Kennedy holds a Bachelor's Degree from the University of Oregon at Eugene, and two Masters'
Degrees from the Johns Hopkins (Paul H. Nitze) School of Advanced International Studies in
Washington, D.C. He has received management and program direction awards for G -7 Summits,
business outreach, and innovative public affairs initiatives.
Marana Regular Council Meeting 08 -04 -2015 Page 82 of 257
First Name: George
Marana Regular Council Meeting 08 -04 -2015 Page 83 of 257
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 'RD- 180' Rural
Development to `F' Specific Pan, creating the Saguaro Ranch Specific Plan, attached to and
incorporated in this ordinance by this reference.
Section 2. A minor amendment to the General Plan is hereby approved, changing the
General Plan designation of the Rezoning Area from Rural Density Residential (RDR) to Master
Planning Area (MPA).
Section 3. The Amended and Restated Saguaro Ranch Pre - Annexation and Development
Agreement is hereby approved in the form attached to and incorporated by this reference in this
ordinance as Exhibit B, and the Mayor is hereby authorized and directed to execute it for and on
behalf of the Town of Marana.
Section 4. This Rezoning is subj ect to the following conditions, the violation of which
shall be treated in 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 Owner and its successors in interest (all of whom are collectively included in the term
"Property Owner" in this ordinance):
1. Compliance with all applicable provisions of the Town's codes and ordinances current at
the time of any subsequent development including, but not limited to, requirements for
public improvements 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 general conformance with the tentative development plan presented to and approved
by the Town Council as part of this Rezoning.
3. A master drainage study must be submitted by the Property Owner 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. A water infrastructure and phasing plan (WIP) must be submitted by the Property Owner
and accepted by Tucson Water (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 Owner 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 Owner 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
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service to the proposed development, the Property Owner must enter into a sewer service
agreement with the wastewater utility consistent with the accepted master sewer plan.
6. The Property Owner 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. The final design of all streets and circulation facilities, including the gated access and
emergency access, must be accepted by the Northwest Fire District prior to Town
Council consideration of the final plat for any portion of the Rezoning Area.
8. The maximum number of lots within the Rezoning Area shall not exceed 150.
9. No approval, permit or authorization by the Town of Marana authorizes violation of any
Federal or State law or regulation or relieves the applicant or the land owner from
responsibility to ensure compliance with all applicable federal and state laws and
regulations, including the Endangered Species Act and the Clean Water Act. Appropriate
experts should be retained and appropriate federal and state agencies should be consulted
to determine any action necessary to assure compliance with applicable laws and
regulations.
10. Prior to the issuance of any grading permits, the Property Owner 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.
11. The Property Owner shall not cause any lot split of any kind without the written consent
of the Town of Marana.
12. A 100% clearance survey for the desert tortoise shall be completed by a qualified
biologist at the Property Owner's expense and a survey report shall be submitted to the
Town and to Arizona Game and Fish Department (AZGFD) prior to issuance of any
grading permits. If a desert tortoise is found during the survey or at any time during
construction, the Property Owner shall immediately notify the Town and AZGFD, and
the tortoise may be moved in accordance with the most current AZGFD Tortoise
Handling Guidelines at the Property Owner's expense.
13. The Property Owner shall coordinate with the Town of Marana in the provision of a
public trail through portions of the Saguaro Ranch property to provide public access to
the Tortolita Mountain Park northeast of the Saguaro Ranch boundary. At such time that
appropriate trail easements are secured up to the boundary of Saguaro Ranch, the
Property Owner will coordinate with Town staff in determining the appropriate trail
alignment and grant the necessary easements to the Town of Marana enabling the Town
to construct and maintain a sustainable trail.
14. An annual report shall be submitted within 30 days of the anniversary of the Town
Council's approval of the Saguaro Ranch Specific Plan in accordance with the
requirements defined in the Land Development Code.
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15. Within 60 days after the adoption of this ordinance, the Property Owner shall provide the
Planning Department with ten bound copies and three electronic copies on CD in PDF
format, which will also include graphics of the tentative development plan in JPEG or
other suitable format of the Saguaro Ranch Specific Plan.
Section 6. 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 7. If any section, subsection, sentence, clause, phrase or portion of this ordinance
is for any reason held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions hereof.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona,
this 4 th day of August, 2015.
Mayor Ed Honea
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
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Marana Regular Council Meeting 08 -04 -2015 Page 103 of 257
First American Title
EXHIBIT "A
No. NCS- 667787 -PHXI
PORTIONS OF SECTIONS 17 AND 20 OF TOWNSHIP 11 SOUTH, RANGE 13 EAST OF THE GILA AND SALT
RIVER MERIDIAN, TOWN OF MARANA, PIMA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS:
PARCEL 1
BLOCK 2 OF SAGUARO RANCH, ACCORDING TO THE PLAT RECORDED IN BOOK 57 OF MAPS AND PLATS
AT PAGE 57, RECORDS OF THE PIMA COUNTY RECORDER THEREAFTER, AMENDED BY DECLARATION
OF SCRIVENER'S ERROR RECORDED IN DOCKET 12173, PAGE 1647;
EXCEPT ALL URANIUM, THORIUM, OR ANY OTHER MATERIAL WHICH IS OR MAY BE DETERMINED TO
BE PECULIARLY ESSENTIAL TO THE PRODUCTION OF FISSIONABLE MATERIALS, WHETHER OR NOT OF
COMMERCIAL VALUE, AS RESERVED IN THE PATENT FROM THE UNITED STATES OF AMERICA.
PARCEL 2
LOT 50 OF SAGUARO RANCH II, ACCORDING TO THE PLAT RECORDED IN BOOK 61 OF MAPS AND
PLATS AT PAGE 89, SAID RECORDS OF THE PIMA COUNTY RECORDER;
EXCEPT ALL URANIUM, THORIUM, OR ANY OTHER MATERIAL WHICH IS OR MAY BE DETERMINED TO
BE PECULIARLY ESSENTIAL TO THE PRODUCTION OF FISSIONABLE MATERIALS, WHETHER OR NOT OF
COMMERCIAL VALUE, AS RESERVED IN THE PATENT FROM THE UNITED STATES OF AMERICA.
PARCEL 3
AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES APPURTENANT TO PARCEL 1 UNDER, UPON AND
ACROSS THAT PROPERTY AS MORE FULLY DESCRIBED IN INSTRUMENT RECORDED IN DOCKET 5843,
PAGE 384; MODIFIED IN DOCKET 12241, PAGE 2366, RE- RECORDED IN DOCKET 12269, PAGE 466.
PARCEL 4
PORTIONS OF THE EAST HALF OF SAID SECTION 17 AND THE NORTHEAST QUARTER OF SAID
SECTION 20 DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTH ONE QUARTER CORNER OF SAID SECTION 17 AS MONUMENTED BY A 2
INCH GLO BRASS DISC;
THENCE NORTH 89 DEGREES 43 MINUTES 55 SECONDS EAST 1321.04 FEET UPON THE NORTH LINE OF
THE NORTHEAST QUARTER OF SAID SECTION 17 TO THE EAST LINE OF THE WEST HALF OF SAID
NORTHEAST QUARTER;
THENCE SOUTH 00 DEGREES 02 MINUTES 00 SECONDS EAST 2636.99 FEET UPON SAID EAST LINE TO
THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 17;
THENCE NORTH 89 DEGREES 43 MINUTES 30 SECONDS EAST 1323.06 FEET UPON SAID NORTH LINE
TO THE EAST ONE QUARTER CORNER OF SAID SECTION 17 AS MONUMENTED BY A 3 INCH GLO BRASS
DISC;
THENCE SOUTH 01 DEGREES 13 MINUTES 04 SECONDS EAST 2640.37 FEET UPON THE EAST LINE OF
THE SOUTHEAST QUARTER OF SAID SECTION 17 TO THE SOUTHEAST CORNER OF SAID SECTION 17
AS MONUMENTED BY ANOTHER 3 INCH GLO BRASS DISC;
THENCE SOUTH 01 DEGREES 08 MINUTES 42 SECONDS WEST 466.43 FEET UPON THE EAST LINE OF
Page Z
First American Title
Marana Regular eoun it Meeting - -
Page 104 of
First American Title
No. NCS- 667787 -PHX1
SAID NORTHEAST QUARTER OF SECTION 20 TO THE NORTH LINE OF SAGUARO RANCH PHASE III -A,
ACCORDING TO THE PLAT RECORDED IN BOOK 63 OF MAPS AND PLATS AT PAGE 33, SAID RECORDS
OF THE PIMA COUNTY RECORDER;
THENCE THE FOLLOWING 16 (SIXTEEN) COURSES UPON THE NORTH LINE OF SAID SAGUARO RANCH
PHASE III -A:
1) NORTH 88 DEGREES 51 MINUTES 18 SECONDS WEST 28.61 FEET;
2) NORTH 14 DEGREES 33 MINUTES 23 SECONDS WEST 413.15 FEET;
3) SOUTH 90 DEGREES 00 MINUTES 00 SECONDS WEST 175.99 FEET;
4) NORTH 14 DEGREES 51 MINUTES 08 SECONDS WEST 198.51 FEET;
5) NORTH 67 DEGREES 51 MINUTES 40 SECONDS WEST 964.84 FEET;
6) SOUTH 28 DEGREES 22 MINUTES 24 SECONDS EAST 495.81 FEET TO A TANGENT CURVE CONCAVE
NORTHEASTERLY;
7) SOUTHEASTERLY UPON THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 300.00 FEET
AND A CENTRAL ANGLE OF 41 DEGREES 48 MINUTES 11 SECONDS, FOR AN ARC DISTANCE OF 218.88
FEET TO A POINT OF CUSP WITH A TANGENT LINE;
8) NORTH 70 DEGREES 10 MINUTES 35 SECONDS WEST 40.33 FEET TO A TANGENT CURVE CONCAVE
SOUTHEASTERLY;
9) SOUTHWESTERLY UPON THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 50.00 FEET
AND A CENTRAL ANGLE OF 134 DEGREES 54 MINUTES 54 SECONDS, FOR AN ARC DISTANCE OF 117.74
FEET TO A NON- TANGENT LINE;
10) NORTH 79 DEGREES 31 MINUTES 35 SECONDS WEST 197.48 FEET;
11) SOUTH 46 DEGREES 34 MINUTES 23 SECONDS WEST 645.71 FEET;
12) NORTH 87 DEGREES 00 MINUTES 52 SECONDS WEST 629.41 FEET;
13) NORTH 22 DEGREES 49 MINUTES 40 SECONDS WEST 158.24 FEET;
14) SOUTH 89 DEGREES 59 MINUTES 40 SECONDS WEST 51.51 FEET;
15) NORTH 15 DEGREES 30 MINUTES 51 SECONDS WEST 374.09 FEET TO THE SOUTH LINE OF THE
SOUTHEAST QUARTER OF SECTION 17;
16) SOUTH 89 DEGREES 46 MINUTES 25 SECONDS WEST 233.88 FEET UPON SAID SOUTH LINE TO THE
SOUTH ONE QUARTER CORNER OF SAID SECTION 17 AS MONUMENTED BY A HALF INCH REBAR WITH
ALUMINUM CAP STAMPED "PE 2903;
THENCE NORTH 00 0 00'58" EAST 5274.92 FEET UPON THE NORTH -SOUTH MID - SECTION LINE TO THE
POINT OF BEGINNING.
THE BASIS OF BEARINGS FOR THE PARCEL 5 LEGAL DESCRIPTION IS THE NORTH LINE OF THE
NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 11 SOUTH, RANGE 13 EAST, G &SRM, AS
MONUMENTED BY THE 2 INCH GLO BRASS DISC AT THE NORTH ONE QUARTER CORNER OF SECTION
17 AND BY A 3 INCH GLO BRASS DISC AT THE NORTHEAST CORNER OF SAID SECTION 17, THE
DISTANCE BETWEEN SAID MONUMENTS BEING 2641.11 FEET AND SAID BEARING BEING: NORTH
89 0 43'55" EAST.
EXCEPT ALL URANIUM, THORIUM, OR ANY OTHER MATERIAL WHICH IS OR MAY BE DETERMINED TO
BE PECULIARLY ESSENTIAL TO THE PRODUCTION OF FISSIONABLE MATERIALS, WHETHER OR NOT OF
COMMERCIAL VALUE, AS RESERVED IN THE PATENT FROM THE UNITED STATES OF AMERICA.
PARCEL 5
LOT 45, SAGUARO RANCH PHASE III -A, ACCORDING TO THE PLAT OF RECORD IN BOOK 63 OF MAPS,
PAGE 33, PIMA COUNTY, ARIZONA RECORDS;
EXCEPT ALL URANIUM, THORIUM, OR ANY OTHER MATERIAL WHICH IS OR MAY BE DETERMINED TO
BE PECULIARLY ESSENTIAL TO THE PRODUCTION OF FISSIONABLE MATERIALS, WHETHER OR NOT OF
COMMERCIAL VALUE, AS RESERVED IN THE PATENT FROM THE UNITED STATES OF AMERICA.
Page 3
First American Title
Marana gular Council M ing 08-04-2015 Page 105 of 257
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AMENDED AND RESTATED SAGUARO RANCH
PRE - ANNEXATION DEVELOPMENT AGREEMENT
TOWN OF M ARIZONA
THIS AMENDED AND RESTATED SAGUARO RANCH PRE - ANNEXATION DEVELOPMENT
AGREEMENT (this "Agreement ") is made and entered into by and between the TOWN OF
MARANA, an Arizona municipal corporation (the "Town "), and NORTHLIGHT TRUST 1, a
Delaware statutory trust (""Northlight") The Town and Northlight are sometimes
collectively referred to as the "Parties," either one of which is sometimes individually
referred to as a "Party."
RECITALS
A. This Agreement governs and addresses that portion of the Saguaro Ranch devel-
opment project located in Marana, Arizona, referred to as "Northlight's Saguaro Ranch
Properties" and more particularly described in paragraph 1(E) below.
B. Northlight is the current master developer of Saguaro Ranch.
C. The Town and the prior developer of Saguaro Ranch entered into the Saguaro
Ranch Pre - Annexation Development Agreement, recorded in the office of the Recorder
of Pima County, Arizona, on June 27, 2003, at Docket 12081, Page 8329 (Sequence
20031241266) (the "Original Saguaro Ranch PADA ") .
D. Pursuant to and consistent with the terms of the Original Saguaro Ranch PADA,
the Town adopted Marana Ordinance No. 2003.14 and Marana Ordinance No. 2003.15
on July 1, 2003, annexing into the town limits of Marana the lands there and here re-
ferred to as the "Saguaro Ranch North Annexation" and the "Saguaro Ranch South
Annexation," respectively. Marana Ordinance No. 2003.14 (the Saguaro Ranch North
Annexation) was recorded in the Pima County Recorder's office on July 11, 2003, at
Docket 12090, Page 5177 (Sequence 20031331315); and Marana Ordinance No. 2003.15
(the Saguaro Ranch South Annexation) was recorded in the Pima County Recorder's
office on July 11, 2003, at Docket 12090, Page 5184 (Sequence 20031331317).
E. The Town and the prior developer of Saguaro Ranch entered into the First
Amendment to Saguaro Ranch Pre - Annexation Development Agreement, recorded in
the office of the Recorder of Pima County, Arizona, on April 12, 2004, at Docket 12278,
Page 3161 (Sequence 20040700641) (the "Saguaro Ranch 1st PADA Amendment ") .
F. Pursuant to and consistent with the terms of the Saguaro Ranch 1st PADA
Amendment, the Town adopted Marana Ordinance No. 2004.01 on April 6, 2004, annex-
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ing into the town limits of Marana the lands there and here referred to as the "Saguaro
Ranch East Annexation." Marana Ordinance No. 2004.01 (the Saguaro Ranch East An-
nexation) was recorded in the Pima County Recorder's office on April 12, 2004, at Dock-
et 12278, Page 3145 (Sequence 20040700635), and re- recorded in the Pima County Re-
corder's office on December 1, 2006, at Docket 12942, Page 1778 (Sequence 20062310303)
to correct a scrivener's error.
G. The Town and the prior developer of Saguaro Ranch entered into the Second
Amendment to Saguaro Ranch Pre - Annexation Development Agreement, recorded in
the office of the Recorder of Pima County, Arizona, on August 4, 2004, at Docket 12358,
Page 2953 (Sequence 20041500794) (the "Saguaro Ranch 2nd PADA Amendment"), to
allow additional time for the developer to make the $1,000,000 contribution to the Town
as required by paragraph 2.35 of the Original Saguaro Ranch PADA.
H. Paragraph 2.31 of the Original Saguaro Ranch PADA required the developer of
Saguaro Ranch a $50,000 per lot contribution to Pima County for the 16th and subse-
quent lots sold for a maximum contribution of $1,000,000 to be used for trail construc-
tion, open space, community improvements, and transportation needs in the Saguaro
Ranch area.
I. Paragraph 2.32 of the Original Saguaro Ranch PADA required the developer of
Saguaro Ranch to pay Pima County $50,000 "once the current trail easement through
the Property is abandoned."
J. Pima County has confirmed to Town staff that $850,000 has been paid to Pima
County pursuant to Paragraphs 2.31 and 2.32 of the Original Saguaro Ranch PADA, but
Pima County was unable to determine which payments had not yet been made. The
Parties believe that all $850,000 has been paid pursuant to Paragraph 2.31.
K. It is unclear to the Parties whether enough lots have been sold to have caused the
entire $1,000,000 amount in Paragraph 2.31 of the Original Saguaro Ranch PADA to be
currently due.
L. The Parties understand that the easement to have been abandoned pursuant to
Paragraph 2.32 of the Original Saguaro Ranch PADA is the easement for access to the
former Leef property purchased by Pima County, consisting generally of the south half
of the southeast quarter of the northeast quarter of Section 17, Township 11 South,
Range 13 East. It appears to the Parties that the abandonment condition of Paragraph
2.32 of the Original Saguaro Ranch PADA has not been and is not currently anticipated
to be accomplished by Pima County.
M. Northlight is the successor in interest to the developer of Saguaro Ranch.
N. Northlight has purchased land located in the east half of Section 19, Township 11
South, Range 13 East, and referred to in this Agreement as "Northlight's Dove Moun-
tain Holdings."
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O. Northlight has submitted an application for rezoning of portions of the Saguaro
Ranch North Annexation and the Saguaro Ranch East Annexation to "Saguaro Ranch
Specific Plan" designation, and the Town has approved the Saguaro Ranch Specific Plan
by the adoption of Marana Ordinance No. 2015.016 on August 4, 2015.
P. The Saguaro Ranch Specific Plan anticipates the construction of either a sewer
main extension connecting to the sewer system owned and operated by Pima County
Regional Water Reclamation District or a private sewer treatment plant to serve devel-
opment of Lot 50 of Saguaro Ranch.
Q. The Parties desire to amend and restate the terms of the Original Saguaro Ranch
PADA as amended by the Saguaro Ranch 1st PADA Amendment and the Saguaro
Ranch 2nd PADA Amendment and to replace them with this Agreement, to clearly set
forth the remaining respective rights and obligations of the Parties relating to North -
light's Saguaro Ranch Properties.
R. The Town is authorized by A.R.S. § 9- 500.05 to enter into a development
agreement with a landowner or other person or entity having an interest in real
property located within the Town to facilitate development of the property by
providing for, among other things, the conditions, terms, restrictions, and requirements
for development and public infrastructure and the financing of public infrastructure.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated
into this Agreement as though fully restated here, and the mutual covenants set forth in
this Agreement, the Parties hereby agree as follows:
1. Definitions. The following definitions apply to this Agreement:
(A) The "Development Regulations" collectively means the existing Town -
approved zoning for Northlight's Saguaro Ranch Properties (including the Saguaro
Ranch Specific Plan, for the portion of Northlight's Saguaro Ranch Properties
covered by it), the Existing Saguaro Ranch Plats, and the MDC, which set forth the
basic land uses, densities and intensities of land uses currently authorized for and
development regulations related to Northlight's Saguaro Ranch Properties.
(B) The "Existing Saguaro Ranch Plats" means all of the following:
(i) Saguaro Ranch Lots 9 -52, Blocks 1, 2, 3, & 4, Parcel 'A', Common Area 'A',
and Common Area 'B', according to the plat recorded in the office of the Record-
er of Pima County, Arizona, at Book 57 of Maps and Plats, Page 57 (the "Original
Saguaro Ranch Plat ") .
(ii) Saguaro Ranch South Amended Lots 1 -31, Parcel "A ", Block "A" & Com-
mon Areas "A ", "B ", & "C ", according to the plat recorded in the office of the
Recorder of Pima County, Arizona, at Book 59 of Maps and Plats, Page 69 (the
"Saguaro Ranch South Amended Plat ").
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(iii) Saguaro Ranch II Lots 50, 51, & 53 -65, Parcel "A" & Common Areas " A "
& "B ", according to the plat recorded in the office of the Recorder of Pima Coun-
ty, Arizona, at Book 61 of Maps and Plats, Page 89 (the "Saguaro Ranch II Plat ")
(iv) Saguaro Ranch Phase III -A Lots 43 -45 & 66 -96, Common Areas "A" &
"B- 1 " 2 "B -2 ", according to the plat recorded in the office of the Recorder of Pima
County, Arizona, at Book 63 of Maps and Plats, Page 33 (the "Saguaro Ranch III
Plat ")
(C) "MDC" means the Marana Land Development Code (including the written
rules, regulations, procedures, and other policies relating to development of land,
whether adopted by the Mayor and Council or by Town Staff) collectively
establishing, among other things, the type of land uses, location, density and
intensity of such land uses, and community character of the Property, and providing
for, among other things, the development of a variety of housing, commercial and
recreation/ open space opportunities.
(D) "Northlight's Dove Mountain Holdings" is defined in Recital N above.
(E) "Northlight's Saguaro Ranch Properties" collectively means all of the
following:
(i) The entire land area covered by the Saguaro Ranch Specific Plan.
(ii) Lots 36, 37, and 39, and Block 2, as depicted on the Original Saguaro
Ranch Plat.
(iii) Lots 10, 11, and 13, and Block A, as depicted on the Saguaro Ranch South
Amended Plat.
(iv) Lots 50, 53, and 55 through 64, and Common Areas "A" and "B ", as
depicted on the Saguaro Ranch II Plat. (Lot 50 is also part of the Saguaro Ranch
Specific Plan.)
(v) Lots 68, 70 -76 78, and 80 through 96, and Common Areas " A " , "B -1" and
"B -2" as depicted on the Saguaro Ranch III Plat.
(F) "Saguaro Ranch" means the entire land area covered by the Existing Sagua-
ro Ranch Plats and the Saguaro Ranch Specific Plan.
(G) "Town Engineer" means the duly appointed town engineer of the Town of
Marana.
2. Amendment and restatement of obligations under prior agreements. The Parties
acknowledge and agree that the following list sets forth a true and complete summary,
amendment, and restatement of the Parties' rights and obligations under the Original
Saguaro Ranch PADA as amended by the Saguaro Ranch 1st PADA Amendment and
the Saguaro Ranch 2nd PADA Amendment, and as further amended and restated by
this Agreement:
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(A) Annexation and original zoning. The Town has completed the annexation of all
lands contemplated for annexation under, and has adopted zoning for the annexed
lands in a manner consistent with, the Original Saguaro Ranch PADA and the
Saguaro Ranch 1st PADA Amendment.
(B) Development review. Northlight's Saguaro Ranch Properties shall be developed
in accordance with the Development Regulations. Upon Northlight's compliance
with the applicable development review and approval procedures and substantive
requirements of the Development Regulations, the Town agrees to issue such
permits or approvals for Northlight's Saguaro Ranch Properties as may be requested
by Northlight.
(C) Amendments to Agreement. The Town and Northlight agree to cooperate and
in good faith pursue any amendments to this Agreement that are reasonably
necessary to accomplish the goals expressed in Development Regulations.
(D) Archaeological/historic resources. The development of Northlight's Saguaro
Ranch Properties shall meet all Town requirements set forth in Title 2 and Title 20 of
the MDC related to archeological and historic resources.
(E) Site built construction only. All residential dwelling units shall be site built.
This subsection shall apply to all land within Northlight's Saguaro Ranch Properties,
whether sold in bulk or individually, whether subdivided or not, and shall apply to
each and every lot and shall run with the land.
(F) Additional property. Paragraph 1.6 of the Original Saguaro Ranch PADA is
deleted.
(G) Water Utilities. Northlight has secured potable water service through Tucson
Water. As a condition of receiving building permits, Northlight must provide the
Town with proof of potable water service to the property that is the subject of the
requested building permits.
(H) Wastewater. As a condition of receiving building permits, Northlight must
provide the Town with proof of wastewater system approval from Pima County
Regional Water Reclamation District and/or Pima County Department of
Environmental Quality for the property that is the subject of the requested building
permits.
(I) Onsite private recreational facilities. Paragraph 2.3 of the Original Saguaro Ranch
PADA is deleted.
(J) Community improvements and transportation contributions. The Parties agree to
work together to determine whether and to what extent the developer's obligations
under Paragraph 2.31 of the Original Saguaro Ranch PADA have been satisfied. If
the Parties are unable to determine that the obligations have been satisfied beyond
the $850,000 in payments already acknowledged by Pima County, Northlight agrees
to pay Pima County $50,000 per lot for the first three lots sold from Northlight's
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Saguaro Ranch Properties, to satisfy the remaining obligations under Paragraph 2.31
of the Original Saguaro Ranch PADA. If so required, such additional payment shall
be deemed to have satisfied Northlight's obligations under Paragraph 2.31 of the
Original Saguaro Ranch PADA.
(K) Regional public park /trail system. Northlight shall dedicate a public trail
easement through Northlight's Saguaro Ranch Properties and Northlight's Dove
Mountain Holdings to provide public access to the Tortolita Mountain Park
northeast of the Saguaro Ranch boundary, as more particularly discussed and
described in the Saguaro Ranch Specific Plan. Northlight shall not be responsible to
construct or pay for the trail, but nothing in this sentence shall prohibit or preclude
the Town from using all available funds, including any park impact fees paid as a
result of construction in Saguaro Ranch, to construct the trail. All developer
obligations under paragraph 2.32 of the Original Saguaro Ranch PADA will have
been fully satisfied upon dedication of the trail in satisfaction of the requirements of
this paragraph.
(L) Park improvement contribution. Paragraph 2.34 of the Original Saguaro Ranch
PADA is replaced by the obligation to pay all applicable Town park development
impact fees for any development of Northlight's Saguaro Ranch Properties.
(M) Regional recreational facility. The $1,000,000 payment referenced in paragraph
2.35 of the Original Saguaro Ranch PADA has been fully paid and satisfied.
(N) Roadway improvements. Before the Town approves any final plat, Northlight
shall work with the Town Engineer to identify and agree on all roadway
improvements needed for the development of Northlight's Saguaro Ranch
Properties and the portion of Northlight's Saguaro Ranch Properties that is the
subject of the final plat.
(0) Fire protection. Northlight's Saguaro Ranch Properties are now within the
boundaries of Northwest Fire District, so paragraph 2.5 of the Original Saguaro
Ranch PADA is no longer needed and is deleted.
(P) School site. Northlight shall negotiate a school site contribution agreement
with Marana Unified School District, and shall provide a copy of the recorded
agreement to the Town. Until the agreement is recorded, $1,200 shall be paid to the
Town upon application for each initial residential building permit on a particular
subdivision lot within Northlight's Saguaro Ranch Properties.
(Q) Wide wireless area network contribution. Paragraph 2.7 of the Original Saguaro
Ranch PADA is deleted.
(R) Responsibility for financing infrastructure improvements. Upon request of
Northlight, the Town's staff shall process any request for a community facilities
district (a "CFD ") on all or any portion of Northlight's Saguaro Ranch Properties
pursuant to A.R.S. § 48 -701 et seq. and the Town Guidelines for Establishment of
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Community Facilities Districts, and the Town Council shall reasonably consider
such request for a CFD.
(S) Environmental compliance. Northlight shall comply with the Pima County
ordinances relating to the protection of peaks and ridges for any protected peaks or
ridges as designated by Pima County on Saguaro Ranch at the time of its annexation
into the town limits of the Town. Northlight shall establish a 10 -year natural
resource management monitoring program to monitor the effect of the development
on Saguaro Ranch.
(T) Protection of open space. Northlight shall provide construction fencing to
protect all natural areas and other areas to be kept in their natural state during
construction. Northlight shall not disturb more than 20% of Northlight's Saguaro
Ranch Properties, including areas for emergency access, easements, roadways and
drainage ways. Northlight shall comply with all Town grading requirements.
(U) Ownership and control of natural open space. Enforcement authority over and
control of all natural open space areas set aside and maintained as required by this
Agreement and permanent ownership of all undisturbed natural areas set aside and
maintained as required by this Agreement that are located outside the boundaries of
individually -owned residential lots shall be given to one of the following:
(i) One or more homeowners associations established by declarations of
restrictive covenants recorded over all or part of Saguaro Ranch.
(ii) A government or conservation entity the Town reasonably determines is
willing and able to permanently maintain the undisturbed natural areas as
required by this Agreement.
(V) Lodging uses prohibited; no environmental enhancement contribution. Lodging
uses are prohibited in Northlight's Saguaro Ranch Properties. For purposes of this
paragraph, lodging uses include any land use whose revenues are subject to the
Town's bed tax (specifically, the tax on hotel uses pursuant to Section 8 -444 of the
Marana Tax Code) . Paragraph 3.4 of the Original Saguaro Ranch PADA is deleted.
(W) Termination upon sale to the public. this Agreement shall terminate without
the execution or recordation of any further document or instrument as to any lot that
has been finally subdivided and individually (and not in "bulk ") leased (for a period
of longer than one year) or sold to the end purchaser or user thereof, and thereupon
such lot shall be released from and no longer be subject to or burdened by the
provisions of this Agreement.
3. Effect on prior agreements.
(A) Northlight's Saguaro Ranch Properties. For and with respect to Northlight's
Saguaro Ranch Properties, the Original Saguaro Ranch PADA as amended by the
Saguaro Ranch 1st PADA Amendment and the Saguaro Ranch 2nd PADA
Amendment is hereby replaced with this Agreement.
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(B) Other portions of Saguaro Ranch. Lots leased (for a period of longer than one
year) or sold to an end purchaser or user are released from the developer's
obligations by operation of Paragraph 8.8.2 of the Original Saguaro Ranch PADA.
The Original Saguaro Ranch PADA as amended by the Saguaro Ranch 1st PADA
Amendment and the Saguaro Ranch 2nd PADA Amendment remains in full force
and effect for and with respect to any portion of Saguaro Ranch (other than
Northlight's Saguaro Ranch Properties) that has not been released from the
developer's obligations by operation of Paragraph 8.8.2 of the Original Saguaro
Ranch PADA.
4. Term. This Agreement shall become effective upon the later of its execution by all
the Parties and the effective date of the Town Council resolution approving this
Agreement (the "Effective Date "). The term of this Agreement shall begin on the
Effective Date and, unless sooner terminated by the mutual consent of the Parties, shall
automatically terminate and shall thereafter be void for all purposes on the 15th
anniversary of the Effective Date.
5. Cooperation and alternative dispute resolution.
(A) Appointment of representatives. To further the commitment of the Parties to
cooperate in the progress of the development of Northlight's Saguaro Ranch
Properties, the Town and the Northlight each shall designate and appoint a
representative to act as a liaison between the Town and its various departments and
the Northlight. The initial representative for the Town (the "Town Representative")
shall be the Town Manager, and the initial representative for the Northlight shall be
Mike Conlin or a replacement to be selected by the Northlight. The representatives
shall be available at all reasonable times to discuss and review the performance of
the Parties and the development.
(B) Non - performance; remedies. If either Party does not perform under this
Agreement (the "Non - Performing Party ") with respect to any of that Party's
obligations under this Agreement, the other Party (the "Demanding Party ") shall be
entitled to give written notice in the manner prescribed in paragraph 6 below to the
Non - Performing Party, which notice shall state the nature of the non - performance
claimed and make demand that such non - performance be corrected. The Non -
Performing Party shall then have (i) 15 days from the date of the notice within which
to correct the non - performance if it can reasonably be corrected by the payment of
money, or (ii) 30 days from the date of the notice to cure the non - performance if
action other than the payment of money is reasonably required, or if the non -
monetary non - performance cannot reasonably be cured within 30 days, then such
longer period as may be reasonably required, provided and so long as the cure is
promptly commenced within 30 days and thereafter diligently prosecuted to
completion. If any non - performance is not cured within the applicable time period
set forth in this paragraph, then the Demanding Party shall be entitled to begin the
mediation and arbitration proceedings set forth in this paragraph. The Parties agree
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that due to the size, nature and scope of the development, and due to the fact that it
may not be practical or possible to restore the property to its condition prior to
Northlight's development and improvement work, once implementation of this
Agreement has begun, money damages and remedies at law will likely be
inadequate and that specific performance will likely be appropriate for the non-
performance of a covenant contained in this Agreement. This paragraph shall not
limit any contract or other rights, remedies, or causes of action that either Party may
have at law or in equity.
(C) Mediation. If there is a dispute under this Agreement which the Parties cannot
resolve between themselves, the Parties agree that there shall be a 45 -day
moratorium on arbitration during which time the Parties agree to attempt to settle
the dispute by nonbinding mediation before commencement of arbitration. The
mediation shall be held under the commercial mediation rules of the American
Arbitration Association. The matter in dispute shall be submitted to a mediator
mutually selected by the Northlight and the Town. If the Parties cannot agree upon
the selection of a mediator within seven days, then within three days thereafter the
Town and the Northlight shall request the presiding judge of the Superior Court in
and for the County of Pima, State of Arizona, to appoint an independent mediator.
The mediator selected shall have at least five years' experience in mediating or
arbitrating disputes relating to real estate development. The cost of any such
mediation shall be divided equally between the Town and the Northlight. The
results of the mediation shall be nonbinding on the Parties, and any Party shall be
free to initiate arbitration after the moratorium.
(D) Arbitration. After mediation, as provided for in this paragraph 5, any dispute,
controversy, claim or cause of action arising out of or relating to this Agreement
shall be settled by submission of the matter by both Parties to binding arbitration in
accordance with the rules of the American Arbitration Association and the Arizona
Uniform Arbitration Act, A.R.S. § 12 -501 et seq., and judgment upon the award
rendered by the arbitrator(s) may be entered in a court having jurisdiction.
6. Notices. All notices, requests and other communications under this Agreement
shall be given in writing and either (i) personally served on the party to whom it is
given, or (ii) mailed by registered or certified mail, postage prepaid, return receipt
requested, or (iii) sent by private overnight courier such as Federal Express or Airborne,
or (iv) transmitted by facsimile (provided that a confirming copy of the facsimile
transmission is mailed on the date of such transmission), addressed as follows:
If to the Town:
TOWN OF MARANA
11555 W. Civic Center Drive, Bldg. A3
Marana, Arizona 85653 -7006
Telephone: (520) 382 -1900
Fax: (520) 382 -1901
100041577.DOCX / 41 7/27/2015 3:18 PM
AMENDED & RESTATED SAGUARO RANCH PRE - ANNEXATION DEVELOPMENT AGREEMENT
-9-
Marana Regular Council Meeting 08 -04 -2015 Page 115 of 257
If to Northlight:
NORTHLIGHT TRUST 1
ATTN: NORTHLIGHT SPECIAL GP I LLC
1 Grand Central PI
60 E 42nd St Rm 2800
New York NY 10165 -2802
Telephone:
Fax:
All notices shall be deemed given when delivered or transmitted by facsimile or, if
mailed as provided above, on the second day after the day of mailing, and if sent by
overnight courier, on the next day after the date of deposit with the courier. Any party
may change its address for the receipt of notices at any time by giving written notice
thereof to the other parties in accordance with the terms of this section. The inability to
deliver notice because of a changed address of which no notice was given, or rejection
or other refusal to accept any notice, shall be deemed to be the effective receipt of the
notice as of the date of such inability to deliver or rejection or refusal to accept.
7. Miscellaneous.
(A) This Agreement may not be modified except in a writing signed by the
Parties.
(B) Time is of the essence of this Agreement.
(C) This Agreement shall be governed by and interpreted in accordance with the
laws of the State of Arizona, and any lawsuit to enforce any provision of this
Agreement or to obtain any remedy with respect to this Agreement shall be brought
in the Pima County Superior Court, and for this purpose the Parties expressly and
irrevocably consent to the jurisdiction of the Pima County Superior Court. Nothing
in the use of the word "lawsuit" in the preceding sentence shall constitute a waiver
of paragraph 5(D) above, requiring disputes to be resolved by binding arbitration.
(D) If either Party brings a lawsuit or arbitration proceeding to enforce any of the
terms, covenants or conditions of this Agreement, or by reason of any non-
performance of this Agreement, the prevailing Party shall be paid all reasonable
costs and reasonable attorneys' fees by the other Party, in an amount determined by
the court or arbitrator and not by the jury. Nothing in the use of the word "lawsuit"
in the preceding sentence shall constitute a waiver of paragraph 5(D) above,
requiring disputes to be resolved by binding arbitration.
(E) This Agreement may be executed in multiple counterparts, each of which
shall, for all purposes, be deemed an original and all of which, taken together, shall
constitute one and the same agreement.
(F) This Agreement shall be binding upon and inure to the benefit of the Parties
and their respective successors in interest and assigns; provided, however, that upon
100041577.DOCX / 41 7/27/2015 3:18 PM
AMENDED & RESTATED SAGUARO RANCH PRE - ANNEXATION DEVELOPMENT AGREEMENT
-10-
Marana Regular Council Meeting 08 -04 -2015 Page 116 of 257
the conveyance of all of Northlight's Saguaro Ranch Properties to a single grantee,
the grantor shall automatically be released from any further obligation or liability
under this Agreement and this Agreement shall thereafter bind the grantee.
(G) This Agreement is subject to A.R.S. § 38 -511, which provides for cancellation
of contracts in certain instances involving conflicts of interest.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set
forth below their respective signatures.
THE ""TOWN"":
TOWN OF MARANA, an Arizona municipal
corporation
0
Mayor Ed Honea
Date:
ATTEST:
Jocelyn Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
State of )
ss
County of )
Date:
The foregoing instrument was acknowledged before me on
the
SPECIAL GP I LLC, a Delaware limited liability company,
TRUST 1, a Delaware statutory trust, on its behalf.
(Seal)
Manager
of NORTHLIGHT
of NORTHLIGHT
Notary Public
100041577.DOCX / 41 7/27/2015 3:18 PM
AMENDED & RESTATED SAGUARO RANCH PRE - ANNEXATION DEVELOPMENT AGREEMENT
- 11 -
""NORTHLIGHT"":
NORTHLIGHT TRUST 1,
a Delaware statutory trust
By: NORTHLIGHT SPECIAL GP I LLC,
a Delaware limited liability company
0
Its:
by
Marana Regular Council Meeting 08 -04 -2015 Page 117 of 257
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Th is m ap was generated from the Town of Ma rana's G I S Web me pping system
�a. and is to be used for referent e u se on Iy. G I S data is c onsita n tfyr c hang ing so layers
mi that appear on th is m ap may n r may not h�e aC C urate or n urrent dependin g on th e d ate and
: We �'. time this map was created.
4/9/2 na Regular Councl a, eting ai. -04 A "I 5
MENEMMMEF- �
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S aguaro Rant
ri Sped c Plan
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MARANA
Page 118 of 257
3
Y
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PLANN
1
1. TYPE OF APPLICATION (Check Or e)
�
Preliminary Plat
0
Final Plat MGeneral Plan Amendment
Variance
Development Plan
0
SWPP Landscape Plan
Native Plant Permit
Specific Plan Amendment
0
Conditional Use Permit Y Rezone /Specific Plan
Native Plant Exception
P - Significant Land Use Change
Minor Land Division mater Plan
Annexation
�. Improvement Plan (specify We in Description of Project box *) Other
2 . G ENERAL DATA RE QUIRED -
219-07-0050,219-10-075A, 219- 10 -075B,
219 -07 -0040, 219 -07 - 0140 , 219- 07 -012C,
Assessor Parcel
219- 07 -012A, 219-07-0110,219-07-013C,
General Plan Designation
Rural Density
Numbers }
219 - 07-0160, 219- 07 -015A, 219- 07 -013B,
(To be confirmed by staff)
Residential
219- 10 -001H, 219- 10 -001G, 219- 10 -002F,
219- 10 -002D, 219 -10 -1170, 219- 10 -001E
and 219 -10 -1380
Gross Area Acre / SF }
507 acres Current Zoning
_ I (To be confirmed by staff)
Proposed Zoning
Saguaro Ranch p g
RD - 80
F (Specific Plan
� p )
Development/ Project
Name
Project Location
Marana Township 11 South, Range 13 East, Section 17, and 11 South, 13 East, Section 20
Description of Project's
Single - family residential subdivision
Property Owner
Northlight Trust I. A Delaware Statutory Trust
60 East 42nd Street, Room 2800
Street Address
City
State
Zip Code
Phone #
Fax #
E-Mail Address
New York
NY
10165 -2802
212 - 247 -0330
i raymond@cox.net
Phone Number/ E -mail
Contact Person
Jeff Raymond
480-200-7977/iraymond@cox.net
Applicant
Northlight Trust I, A Delaware Statutory Trust
60 East 42nd Street, Room 2800
Street Address
City
State Zip Code
Phone #
Fax # E -Mail Address
New York
NY 10165 -2802
212- 247 -0330
jraymond@cox.net
Phone Number/ E -mail
Contact Person
Jeff Raymond
480 - 200 - 7977 /iraymond@cox.net
Agent/Representative
The Planning Center
Street Address
110 South Church Ave, Suite 6320
City
State
Zip Code Phone #
Fax #
E-Mail Address
T ucson
AZ
85701 520 - 623 -6146
520- 622 -1950
Imorales
Town of Marana Business
Contact Person Linda Morales License No. 125638
3. AUTHORIZATION OF PROPERTY OWNER
I, the undersigned, certify that all of the facts set forth in this application are true to the best of my knowledge and that I am either the
owner of the property or that I have been authorized in writing by the owner to file this application and checklist. (If not owner of record,
attach written authorization from the owner.)
Linda Morales _ _ ``� = ` 9/ 11 / 1:
PnQ1 ,d -2015 Signature D
Saguaro Ranch
Specific Plan
Marano, Arizona
Subm%tted to.
Town of Marana
Planning Department
11555 West Civic Center Drive
Marana, Arizona 85653
Prepared fora
Northlight Trust I
1 Grand Central Place
60 East 42n Street, Room 2800
New York, New York 10165 -2802
Telephone: (212)- 247 -0330
Prepared by,
The Planning Center
110 South Church Avenue, Suite 6320
Tucson, Arizona 85701
Telephone: (520) 623 -6146
With assistance from.
Rick Engineering
3945 East Fort Lowell Road
Tucson, Arizona 85712
Telephone: (520) 795 -1000
PCZ1409 -001
July 2015
T
� J
Marana Regular Council Meeting 08 -04 -2015 Page 121 of 257
Saguaro Ranch Specific Plan
SectionI. Introduction ...................................................................................... ..............................1
A. Background .................................................................................................................... ..............................2
Section II. Development Capability Report ..................................................... ..............................5
A. Purpose and Intent ........................................................................................................ ............................... 6
B. Existing Land Uses ......................................................................................................... ..............................6
1. Site Location ......................................................................................................... ..............................6
2. Existing On -Site Land Use and Zoning ............................................................... ............................... 9
3. Conditions on Properties within a One - Quarter Mile Radius .............................. ............................... 9
4. Well Sites within 100 Feet of the property ........................................................... .............................15
C. Topography and Slope .................................................................................................. .............................16
1. Hillside Conservation Areas ................................................................................. .............................16
2. Rock Outcrops ..................................................................................................... .............................16
3. Slopes of 15% or Greater .................................................................................... .............................16
4. Other Significant Topographic Features .............................................................. .............................16
5. Pre - Development Cross - Slope ............................................................................ .............................16
D. Hydrology ....................................................................................................................... .............................19
1. Off -Site Watersheds ............................................................................................ .............................19
2. On -Site Hydrology ................................................................................................ .............................21
E. Vegetation ...................................................................................................................... .............................29
1. Vegetative Communities and Associations On- Site ............................................ .............................29
2. Significant Cacti and Groups of Trees ................................................................. .............................30
3. Special- Status Plant Species .............................................................................. .............................30
4. Vegetative Densities by Percentage of Plant Cover ......................................... ............................... 31
F .
Wildlife ........................................................................................................................... .............................34
1. Letter from Habitat Specialist ............................................................................. ...............................
34
2. Arizona Game and Fish Department Environmental Review ............................. .............................34
G .
Soils and Geology ....................................................................................................... ...............................
36
H .
Viewsheds ..................................................................................................................... .............................38
1. Viewsheds Onto and Across the Site .................................................................. .............................38
2. Area of High Visibility from Adjacent Off -Site Locations ..................................... .............................38
I.
Traffic Circulation and Road System ............................................................................ .............................45
1. Existing and Proposed Off -Site Streets ............................................................... .............................45
2. Existing Access and Rights -of -Way .................................................................... .............................45
3 Roadway Improvements .................................................................................... ...............................
45
4. Existing and Proposed Intersections ................................................................... .............................45
5. Existing Bicycle and Pedestrian Ways Adjacent to the Site and Their Connections with Arterial
Streets, Parks and Schools ................................................................................. .............................45
J .
Recreation and Trails .................................................................................................... .............................47
1. Open Space, Recreation Facilities, Parks and Trails .......................................... .............................47
K .
Cultural Resources ........................................................................................................ .............................49
1 General Information ........................................................................................... ...............................
49
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Marana Regular Council Meeting 08 -04 -2015 Page 122 of 257
Saguaro Ranch Specific Plan
K. Public Services and Utilities ........................................................................................ ............................... 76
1. Police Service ...................................................................................................... .............................76
2. Fire Service ........................................................................................................ ............................... 76
3. Schools ................................................................................................................ .............................78
4. Water .................................................................................................................... .............................78
5. Wastewater ........................................................................................................ ............................... 80
6. Other Private Utilities ......................................................................................... ............................... 80
7. Sanitation and Recycling Services .................................................................... ............................... 80
Section IV. Development Regulations ........................................................... .............................82
A. Purpose and Intent ...................................................................................................... ............................... 83
B. General Provisions ........................................................................................................ .............................83
1. Applicable Codes ................................................................................................. .............................83
2. Additional Uses .................................................................................................. ............................... 83
C. Development Standards .............................................................................................. ............................... 84
1. Land Use Standards ............................................................................................ .............................84
2. Landscaping ......................................................................................................... .............................87
3. Landscape Standards .......................................................................................... .............................88
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Marana Regular Council Meeting 08 -04 -2015 Page 123 of 257
2. Locations of Archaeological Artifacts ................................................................... .............................49
L .
McHarg Composite Map ............................................................................................... .............................51
SectionIII. Development Plan ......................................................................... .............................54
A .
Purpose and Intent ...................................................................................................... ...............................
55
B .
Design Principles and Vision ......................................................................................... .............................55
C .
Relationship to Adopted Plans .................................................................................... ...............................
55
1 Marana General Plan ........................................................................................... .............................55
2 Marana Strategic Plan ......................................................................................... .............................58
3. Adjoining Development Compatibility .................................................................. .............................59
D .
Land Use Concept Plan ................................................................................................ .............................59
E .
Circulation Concept Plan ............................................................................................... .............................65
F.
Open Space, Recreation and Trails Concept ............................................................. ...............................
65
G .
Landscape Concept ...................................................................................................... .............................68
1 Native Plant Preservation .................................................................................... .............................68
H .
Grading Concept ........................................................................................................... .............................68
I .
Post Development Hydrology ........................................................................................ .............................71
1. Conceptual Development Plan Response to Hydrologic Characteristics ........... .............................71
2. Encroachment and Modification of Drainage Patterns ....................................... .............................71
3. Engineering and Design Features to be Used to Address Drainage and Erosion Problems ..........
71
4. Potential Drainage Impacts to Off -site Land Uses Upstream and Downstream .............................72
5. Conceptual Development Plan Conformance with Area Plan, Basin Management Plans and Town
Policies............................................................................................................... ...............................
73
J .
Cultural Resources ........................................................................................................ .............................76
K. Public Services and Utilities ........................................................................................ ............................... 76
1. Police Service ...................................................................................................... .............................76
2. Fire Service ........................................................................................................ ............................... 76
3. Schools ................................................................................................................ .............................78
4. Water .................................................................................................................... .............................78
5. Wastewater ........................................................................................................ ............................... 80
6. Other Private Utilities ......................................................................................... ............................... 80
7. Sanitation and Recycling Services .................................................................... ............................... 80
Section IV. Development Regulations ........................................................... .............................82
A. Purpose and Intent ...................................................................................................... ............................... 83
B. General Provisions ........................................................................................................ .............................83
1. Applicable Codes ................................................................................................. .............................83
2. Additional Uses .................................................................................................. ............................... 83
C. Development Standards .............................................................................................. ............................... 84
1. Land Use Standards ............................................................................................ .............................84
2. Landscaping ......................................................................................................... .............................87
3. Landscape Standards .......................................................................................... .............................88
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Marana Regular Council Meeting 08 -04 -2015 Page 123 of 257
Saguaro Ranch Specific Plan
4. Parking ............................................................................................................... ............................... 88
5. Lighting ................................................................................................................. .............................88
6. Signage .............................................................................................................. ............................... 88
D. Single Family Residential Detached Housing Design Standards ................................. .............................89
1. Individual Lot Landscaping .................................................................................. .............................89
E. Town of Marana Subdivision Requirements ................................................................. .............................89
ExhibitI.A.2: Local Context .................................................................................................. ...............................
1. Provision of Recreational Area .......................................................................... ...............................
89
2 Open Space Ownership ...................................................................................... .............................89
ExhibitII.B.3.a: Existing Zoning ........................................................................................... .............................10
3. Off -Site Trail Access and Maintenance ............................................................. ...............................
89
Section V. Implementation and Administration ............................................ .............................90
Exhibit II.B.3.c: Existing Land Use ........................................................................................ .............................14
A Purpose ....................................................................................................................... ...............................
91
1. Extent of the Specific Plan to Supplement or Supersede Adopted Town Zoning Regulations .......
91
2. General Implementation Responsibilities .......................................................... ...............................
91
3 Interpretation ...................................................................................................... ...............................
91
4. Development Review Procedures ..................................................................... ...............................
92
5 Specific Plan Amendments .................................................................................. .............................92
Exhibit II.D.2.c: FEMA FIRM (Sheet 2 of 2) ........................................................................ ...............................
6 Administrative Change ......................................................................................... .............................92
Exhibit II.E.1: Vegetation Communities ................................................................................ .............................32
7 Substantial Change ............................................................................................. .............................93
Exhibit II.E.2: Site Resource Inventory ................................................................................. .............................33
SectionVI. Appendices ................................................................................... .............................94
Exhibit II.F.2: AGFD Online Environmental Review ........................................................... ...............................
A Bibliography ................................................................................................................... .............................95
ExhibitII.G.1.a: Photo Key Map ......................................................................................... ...............................
List of Exhibits
ExhibitI.A.1: Regional Context ............................................................................................ ............................... 3
ExhibitI.A.2: Local Context .................................................................................................. ...............................
4
Exhibit11.6.1: Site Location .................................................................................................. ...............................
8
ExhibitII.B.3.a: Existing Zoning ........................................................................................... .............................10
Exhibit II.B.3.b: General Plan Designations ......................................................................... .............................12
Exhibit II.B.3.c: Existing Land Use ........................................................................................ .............................14
Exhibit II.C.3: Topography and Slope .................................................................................. .............................18
Exhibit II.D.1: Off -Site Watersheds .................................................................................... ...............................
24
Exhibit II.D.2: Existing Hydrology (Sheet 1 of 2) .................................................................. .............................25
Exhibit II.D.2: Existing Hydrology (Sheet 2 of 2) .................................................................. .............................26
Exhibit II.D.2.c: FEMA FIRM (Sheet 1 of 2) ........................................................................ ...............................
27
Exhibit II.D.2.c: FEMA FIRM (Sheet 2 of 2) ........................................................................ ...............................
28
Exhibit II.E.1: Vegetation Communities ................................................................................ .............................32
Exhibit II.E.2: Site Resource Inventory ................................................................................. .............................33
Exhibit II.F.2: AGFD Online Environmental Review ........................................................... ...............................
35
ExhibitII.G.1.a: Photo Key Map ......................................................................................... ...............................
40
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Marana Regular Council Meeting 08 -04 -2015 Page 124 of 257
Saguaro Ranch Specific Plan
ExhibitII.G.1.b: Site Photos ................................................................................................. .............................41
Exhibit II.G.1.b:
Site Photos (cont.) .................................................................................... ...............................
42
Exhibit II.G.1.b:
Site Photos (cont.) ..................................................................................... ...............................
43
ExhibitII.G.2:
Visibility ......................................................................................................... ...............................
44
ExhibitII.H.1:
Traffic ............................................................................................................ ...............................
46
Exhibit11.1.1:
Parks and Trails ............................................................................................... .............................48
Exhibit II.J.1:
Archaeological Records Search ................................................................... ...............................
50
Exhibit II.K.1:
McHarg Composite Map (Sheet 1 of 2) ....................................................... ...............................
52
Exhibit II.K.1:
McHarg Composite Map (Sheet 2 of 2) ....................................................... ...............................
53
Exhibit III.D.1:
Conceptual Development Plan (Sheet 1 of 2) .............................................. .............................61
Exhibit III.D.1:
Conceptual Development Plan (Sheet 2 of 2) .............................................. .............................62
Exhibit III.D.2:
Illustrative Site Plan (Sheet 1 of 2) ............................................................... .............................63
Exhibit III.D.2:
Illustrative Site Plan (Sheet 2 of 2) ............................................................... .............................64
Exhibit III.F: Public Trail Easement (Conceptual Only) ...................................................... ...............................
67
Exhibit III.H:
Desert Tortoise Conservation ........................................................................ ...............................
70
Exhibit 111.1.1:
Post Development Hydrology (Sheet 1 of 2) ................................................ ...............................
74
Exhibit 111.1.1:
Post Development Hydrology (Sheet 2 of 2) ................................................ ...............................
75
Exhibit I I I. K.2:
Fire Service and Schools ............................................................................ ...............................
77
Exhibit III.K.4:
Water Service Letter ................................................................................... ...............................
79
Exhibit III.K.5
Existing Sewer Facilities ............................................................................. ...............................
81
List of Tables
Table I I. E.1: Species list of plant species observed on site ............................................... ............................... 30
Table II.E.3: USFWS List of Plant Species for Pima County ................................................ .............................31
Table of Contents iv
Marana Regular Council Meeting 08 -04 -2015 Page 125 of 257
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1.INTRODUCTION
Marana Regular Council Meeting 08 -04 -2015 Page 126 of 257
6
Saguaro Ranch Specific Plan
A. Background
The Saguaro Ranch Specific Plan (Saguaro Ranch) is a ±507 -acre property located at the
eastern edge of the Town of Marana. The property is approximately 20 miles north of
Downtown Tucson nestled among the southeastern foothills of the Tortolita Mountains.
Saguaro Ranch represents an opportunity to plan and develop a special and unique
community in a stunning Sonoran Desert landscape. Eighty percent of Saguaro Ranch will
remain as dedicated open space. Significant portions of the proposed open space are
contained in the areas with rock outcrops and steeper slopes.
Saguaro Ranch was initially envisioned and purchased by developer Stephen Phinny of
Saguaro Ranch Investments, LLC. The Town of Marana and the site's previous owners,
Title Security Agency of Arizona and Saguaro Ranch Investments, LLC entered in to a pre -
annexation development agreement (PADA) in 2003, which included two amendments
recorded in the office of the Pima County Recorder as Docket 12278, Page 3161 and Docket
12358, Page 2953. The site was annexed by the Town on July 11, 2003 (Marana Ordinance
No. 2003.14). Additionally, Marana Ordinance 2004.01 approved the annexation of
Saguaro Ranch East. The initial plan for the property included 180 single family homes and
featured secluded properties that were only accessible by a tunnel that was created by
blasting through a hillside at the northern end of Thornydale Road. To date, 49 of the initial
180 platted lots have been sold, eight homes have been built and one home is currently
under construction. In 2011, the downturn in the real estate market forced the original
developer to file for Chapter 11 Bankruptcy, and the property was returned to the largest
secured creditor, Kennedy Funding. In 2013, 131 of the original platted lots on the property
were purchased by the current property owners.
Initially, Saguaro Ranch was planned for a variety of uses including a once imagined luxury
spa for residents that now sits on the southern parcel of the plan (hereby referred to as Lot
50) as an unfinished concrete foundation. North of the unfinished spa, McClintock's
restaurant was opened in 2007 and operated for four years before closing. The cost of
providing remote infrastructure and luxury amenities combined with the slow sale of
individual residential lots due to an economic downturn has been a challenging obstacle to
implementing the original vision and intent of Saguaro Ranch. This specific plan is the
framework for overcoming the factors limiting development of Saguaro Ranch. It provides
the flexibility needed to develop a vibrant desert- getaway community that widens the
potential market of buyers by offering a variety of lot sizes at a high level of quality that
continues to honor the heritage of environmental stewardship of the Sonoran Desert so
revered in crafting the original vision for Saguaro Ranch.
Given its rugged terrain, the Saguaro Ranch Specific Plan (SRSP) proposes to cluster
development in the most optimal locations to manage infrastructure and development costs
and to preserve native vegetation and views. This site analysis was prepared for Saguaro
Ranch in order to assess the development capabilities for the property.
(See Exhibit I.A. 1: Regional Context and Exhibit /.A. 2: Local Context.)
Introduction 1 -2
Marana Regular Council Meeting 08 -04 -2015 Page 127 of 257
Sa Ranch Specific Plan
Exhibit I.A.I: Re Context
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C) Site Location Tortolita Mountain Park NORTH ot 1 Mile 2 Miles
Town of Marana Municipal Jurisdictions
Pima Count FILE NAME-- re 6x8 — NCP-01-mxd
SOURCE: Pima Count GIS, 2014
A
Introduction 1-3
Marana Re Council Meetin 08-04-2015 Pa 128 of 257
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C) Site Location Tortolita Mountain Park NORTH ot 1 Mile 2 Miles
Town of Marana Municipal Jurisdictions
Pima Count FILE NAME-- re 6x8 — NCP-01-mxd
SOURCE: Pima Count GIS, 2014
A
Introduction 1-3
Marana Re Council Meetin 08-04-2015 Pa 128 of 257
Saguaro Ranch Specific Plan
Exhibit I.A.2: Local Context
LEGEND
Specific Plan Boundary
-�� -�
Jurisdictions
Major Local Roads
Minor Local Roads
Saguaro Ranch Roads
NORTH 0' 2000' 4000'
FILE NAME NCP 01 location2 6x8
SOURCE: Pima County GIS- 2014
66 Introduction 1 -4
Marana Regular Council Meeting 08 -04 -2015 Page 129 of 257
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LEGEND
Specific Plan Boundary
-�� -�
Jurisdictions
Major Local Roads
Minor Local Roads
Saguaro Ranch Roads
NORTH 0' 2000' 4000'
FILE NAME NCP 01 location2 6x8
SOURCE: Pima County GIS- 2014
66 Introduction 1 -4
Marana Regular Council Meeting 08 -04 -2015 Page 129 of 257
REPORT
Marana Regular Council Meeting 08 -04 -2015 Page 130 of 257
Saguaro Ranch Specific Plan
A. Purpose and Intent
The primary purpose of the Development Capability Report section of the Saguaro Ranch
Specific Plan is to identify the site's opportunities, constraints and various physical
characteristics, the analysis of which will provide a means whereby development is designed
in a sensitive and responsive manner to the physical conditions of the site. Information for this
section was compiled from a variety of sources, including site visits, referencing topographic,
hydrological, archaeological and traffic analyses, and correspondence with staff from the local
jurisdictions. The Development Capability Report follows the Town of Marana requirements
provided in the Town of Marana Land Development Code.
Pursuant to such requirements, information on the following physical components of the site
was compiled to assess the suitability of the property for development:
• Existing structures, roads and other development
• Topography and slope analyses
• Hydrology and water resources
• Vegetation and wildlife habitat
• Geology and soils
• Viewsheds
• Cultural resources
• Existing infrastructure and public services
B. Existing Land Uses
This section of the Development Capability Report identifies existing zoning, land use and
structures on -site and on surrounding properties, as well as other proposed development in the
project vicinity.
1. Site Location
The project site is situated within the eastern limits of the Town of Marana in Township
11 South, Range 13 East, Sections 17 and 20. The property lies approximately 2.5
miles north of Tangerine Road and is accessed by Thornydale Road. Thornydale
transitions into Old Ranch House Road after travelling through a tunnel which cuts
through a hillside at the southern end of Saguaro Ranch. A future bridge and roadway
is currently under construction to link the eastern portion of the North Parcels to the
primary gated access point located off Old Ranch House Road.
The site borders the Dove Mountain Specific Plan on its western edge and on the
western half of the northern property boundary. The Tortolita Mountain Park abuts the
remainder of the northern property boundary. Tortolita Mountain Park was recently
expanded and is now adjacent to the eastern boundary as well. Immediately south of
the project area, there are existing platted lots within Saguaro Ranch that are vacant.
Development Capability Report II -6
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Saguaro Ranch Specific Plan
Unsubdivided residential properties are located southeast of the project location in Pima
County. The site is comprised of 19 assessor's parcels, and the area is approximately
507 acres in total. (See Exhibit 11.8.1: Site Location.)
Development Capability Report II -7
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Saguaro Ranch Specific Plan
Exhibit 11.6.1: Site Location
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Specific Plan Boundary
Project Site is located at: NORTH 0 ' 750' 1500
Township 11S, Range 13E. and Sections 17 and 20
F
Township, Range & Section
Acreage: Approx. 507 AC. Parcel ID #`s: 219 -07 -0050,
-
219- 10 -075A, 219- 10 -075B, 219 -07 -0040. 219 -07 -0140 FILE NAME. NCP 01 _location mxd
Jurisdictional Boundaries
219 -07 -0120, 219- 07 -012A, 2'19 -07 -0110, 219 -07 -0130 SOURCE: Pima County G15. 2014
219 -07 -0160, 219- 07 -015A, 219- 07 -013B. 219 -10 -001 H.
219-10-001G, 219- 10 -002F, 219- 10 -002D. 219 -10 -1170,
219 -10 -001 E and 219 -10 -1380
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Marana Regular Council Meeting 08 -04 -2015
Development Capability Report II -8
Page 133 of 257
Saguaro Ranch Specific Plan
2. Existing On -Site Land Use and Zoning
The existing Town of Marana zoning designation on the property is RD -180, "Rural
Development", which is intended to protect and preserve the character, and to promote
orderly development of more rural areas. This specific plan will allow for approximately
150 units of one- and two -story single family residential use on ±507 acres of property,
which will result in a density of 0.30 RAC (residences per acre).
In addition to the Halle residence, which sits on a 4.2 acre parcel located at 14454 N.
Old Ranch House Road, the site of the former restaurant "McClintock's" is the only other
finished structure on the property. There is also a cement foundation approximately
300 feet south of the former restaurant that was intended to be the site of additional
development.
3. Conditions on Properties within a One - Quarter Mile Radius
a. Zoning
The zoning designations of surrounding properties, as depicted in Exhibit 11.8.3. a
are as follows:
North: Town of Marana F (Dove Mountain Specific Plan) and Pima
County IR (Institutional Reserve)
South: Town of Marana RD -180 (Rural Development) and Pima
County RH (Rural Homestead)
East: Pima County RH (Rural Homestead) and IR (Institutional
Reserve)
West: Town of Marana F (Dove Mountain Specific Plan)
Development Capability Report II -9
Marana Regular Council Meeting 08 -04 -2015 Page 134 of 257
Saguaro Ranch Specific Plan
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SOURCE- Pima County GIS, 2014
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Marana Regular Council Meeting 08 -04 -2015
Development Capability Report II -10
Page 135 of 257
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b. General Plan Land Use
The 2010 Town of Marana General Plan indicates the entire site is designated
RD -180, Rural Development Zoning District, which allows for a minimum lot
size of 180,000 square feet. The surrounding general plan designations within
one - quarter mile of the site, as depicted in Exhibit 11.8.3.b are as follows:
North: Town of Marana Master Planning Area and Park
South: Town of Marana Rural Density Residential
East: Pima County Resource Transition (RT) and Park
West: Town of Marana Master Planning Area
Development Capability Report II -11
Marana Regular Council Meeting 08 -04 -2015 Page 136 of 257
Saguaro Ranch Specific Plan
Exhibit II.13.1b: General Plan Desianations
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Marana Regular Council Meeting 08 -04 -2015
Development Capability Report II -12
Page 137 of 257
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c. Existing Land Uses
The land uses of surrounding properties within one - quarter mile, as depicted in
Exhibit 11.8.3. c: Existing Land Uses are as follows:
North: Tortolita Mountain Park, Dove Mountain Specific Plan
South: Saguaro Ranch Phase II and Phase III
East: Tortolita Mountain Park, Vacant Land
West: Dove Mountain Specific Plan
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Saguaro Ranch Specific Plan
Exhibit H.B.1c: Existing Land Use
Specific Plan Boundary_ Jurisdictions Road s NO RTH °, 750 1500
100 ft. Radius Approved Subdivision Plat Washes
MMMA Wells (Registry ID FILE NAME NCP 01 _ex_cond_6x8 - mxd
114 Mile Radius Approved Development Plan Number labeled) SOURCE Pima County G1S, 2014
Development Capability Report 11 -14
Marana Regular Council Meeting 08 -04 -2015 Page 139 of 257
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Specific Plan Boundary_ Jurisdictions Road s NO RTH °, 750 1500
100 ft. Radius Approved Subdivision Plat Washes
MMMA Wells (Registry ID FILE NAME NCP 01 _ex_cond_6x8 - mxd
114 Mile Radius Approved Development Plan Number labeled) SOURCE Pima County G1S, 2014
Development Capability Report 11 -14
Marana Regular Council Meeting 08 -04 -2015 Page 139 of 257
Saguaro Ranch Specific Plan
d. Number of Stories of Existing Structures
There is one existing single story residence and one vacant single story structure on
the site. The vacant structure is the former site of "McClintock's" restaurant. There is
also a cement foundation approximately 300 feet south of the former restaurant that
was originally intended for use, but was never developed into a structure. There are
no two story single - family residential homes located within a quarter -mile of the site.
e. Pending and Conditional Rezonings
There are no pending or conditional rezonings of properties within one - quarter mile
of the site.
f. Subdivision /Development Plans Approved
Approved projects related to Saguaro Ranch include the following:
• P RV0307 -002
• P RV0502 -002
• P RV0502 -003
• P RV0607 -003
• PRV0705 -001
• P RV0802 -001
• D P R0402 -002
Saguaro Ranch Lots 9 -52, Blocks 1 -4,
Saguaro Ranch South Amended
Saguaro Ranch T -Bench Bar, Lots 1 -8
Saguaro Ranch 11, Lots 50, 51, 53 -65
Saguaro Ranch IIIA
Saguaro Ranch 1 B
Saguaro Ranch Guest Ranch Development Plan
Approved projects in the Canyon Pass area are as follows:
• P RV9809 -001
• P RV9908 -001
• P RV0004 -001
• P RV0312 -002
• PRV0010 -001
• PRV0204 -004
• P RV0512 -003
Canyon Pass at Dove Mountain, Lots 1 -48
Canyon Pass II
Canyon Pass 111, Lots 111 -181
Canyon Pass 1116, Lots 172 -176
Canyon Pass IVA
Canyon Pass IVB
Canyon Pass V
g. Architectural Styles of Adjacent Development
Existing homes in the area are rural custom -home type single - family residences with
southwest and ranch architectural style.
4. Well Sites within 100 Feet of the property
According to Pima County Geographic Information Systems and the Arizona
Department of Water Resources, well #805925 is located along the site boundary
bordering Tortolita Mountain Park, and approximately 600 feet north of Old Ranch
Development Capability Report II -15
Marana Regular Council Meeting 08 -04 -2015 Page 140 of 257
Saguaro Ranch Specific Plan
House Road. There are no other wells located on -site, or within 100 feet of the property.
See Exhibit 11.8.3. c: Existing Land Uses.
C. Topography and Slope
The elevations on the property range from approximately 3,100 feet in the southern section of
property known as "Lot 50" to approximately 4,020 feet in the northern -most portion of the
property. Three unnamed washes cross a portion of the northern section of the property. One
wash with a peak flow of under 500 CFS run concurrently with the property boundary of Lot 50.
Prospect Wash crosses the southeastern corner of the north property with peak flows from
1000 -2000 CFS. Existing topography at 40' contour intervals is shown on Exhibit 11. C.1:
Topography and Slope.
1. Hillside Conservation Areas
There are level 1 restricted peaks and ridges located at the northern and central
sections of the future Ranchette portion of the property, and in the eastern part of Lot
50 (See Exhibit II.C.3: Topography and Slope.) According to Title 19 of the Town of
Marana Land Development Code, all development is subject to a 300 -foot building
setback from each peak or ridge designated as protected.
2. Rock Outcrops
There are rock outcrops throughout the site. See Exhibit 11. E. 2: Site Resource Inventory.
3. Slopes of 15% or Greater
A significant portion of the property has slopes greater than 15 and 25 percent. The
steeper slopes in the northern portion of the site are mainly located in the western part
of the property. The steeper slopes in the Lot 50 portion of the site are mainly located
along the eastern edge of the property. The surface slope of the property is shown on
Exhibit II.C.3: Topography and Slope.
4. Other Significant Topographic Features
Saguaro Ranch contains protected peaks and ridges as shown on Exhibit 11. C.3:
Topography and Slope. The Saguaro Ranch Specific Plan avoids protected peaks and
ridges and seeks to minimize development on steep slopes wherever possible.
5. Pre - Development Cross -Slope
The average cross -slope of the property is approximately 38.9 %.
The pre - development cross slope calculation and values used are as follows:
Cross -slope = (I x L x 0.0023) / A
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Saguaro Ranch Specific Plan
Where:
= contour interval (2')
L = total length of contours (4,294,388
0.0023 = conversion of "square feet" into "acres x 100"
A = total site area in acres (507)
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Saguaro Ranch Specific Plan
Exhibit II.C.3: Topography and Slope
LEGEND
Specific Plan Boundary 0 - 15 slopes Restricted Peaks & Ridges NORTH 0 600 1200
�
100' Radius 15 -25 % slopes �
Adjacent Parcels Greater than 25% slopes FILE NAME: topo_slope_8x8_NCP- 01.mxd
40 ' Elevation Contours SOURCE: Pima County GI S, 2014
ti. .
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Saguaro Ranch Specific Plan
D. Hydrology
The following site hydrology information was analyzed and prepared by Rick Engineering
Company. All hydrology information is for planning purposes only and is subject to
verification /modification via the drainage report with supporting calculations based on then
existing and proposed conditions at the time of subdivision platting.
1. Off -Site Watersheds
nlnrfh ParrP1 c
a. Off -Site Watersheds
There are four (4) off -site (OS) watersheds that affect the north parcels of the project
(see Exhibit II. D. 1: Off -Site Watersheds). OS -1 enters the project near the northeast
corner and is conveyed through the project. Smaller watersheds (associated with
concentration points OS -2 and OS -3) also enter the north parcels near the northeast
corner of the project and are conveyed through the eastern portion of the site. The
Prospect Wash (concentration point OS -4) crosses through the north parcels near
the southeast corner of the north parcels.
The nature and quantity of these off-site flows will be further evaluated in the drainage
report(s) prepared for the development of the site. The necessary improvements to
convey the flows will be determined at that time and will be incorporated into the
drainage improvements for the development.
b. Off -site features that may affect or be affected by the site
The offsite watersheds impacting the north parcels are undeveloped and are
encompassed by the Tortolita Mountain Park. The existence of this natural, publicly
administered park indicates that the offsite watersheds impacting the north parcels
will remain natural for the foreseeable future. The areas downstream and to the south
of the main portion of the north parcels are natural and unsubdivided or platted as a
low- density residential subdivision (Saguaro Ranch III). Flows entering and exiting
the north parcels will do so in a manner similar to existing conditions, in compliance
with Town of Marana floodplain regulations, and will not adversely impact adjacent
properties.
c. Upstream Off -Site Watershed Discharges
OS -1 has a contributing area of 219 -acres and a peak discharge of 950 cfs. The off-
site watersheds contributing flows to Wash V have a contributing area of 7.8 -acres
and peak discharge of 54 cfs at CP OS -2 and a peak discharge of 95 cfs at CP OS-
3 (with a contributing area of 16.3- acres). The off-site watershed associated with the
Prospect Wash has a contributing area of 427.5 -acres and a peak discharge of 1758
cfs at concentration point (CP) OS -4.
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Saguaro Ranch Specific Plan
The reported peak discharges were taken from approved studies, reports, and plans
or were calculated based on Pima County methodology in accordance with
methodology presented in Drainage Report for Saguaro Ranch by Rick Engineering,
September 30, 2003. See Exhibit 11. D. 1: Off -Site Watersheds for the watersheds and
concentration points described above.
Lot 50 — Sa_guaro Ranch 11
a. Off -Site Watersheds
There are three (3) off -site watersheds that affect Lot 50 (see Exhibit II. D. 1: Off -Site
Watersheds). Wash I enters Lot 50 across the west property line, flows in a southerly
direction, and leaves Lot 50 by flowing across the western property line. Off -site flows
from the north (CP OS -5 and OS -6) are conveyed across Conrad's Way or are
conveyed below the roadway by a culvert structure. Wash II -C enters Lot 50 near
the northeast corner and is conveyed through the project, leaving the project across
the east boundary. Offsite flows from OS -5 drain to Wash II -C and OS -6 drains to
Wash I.
The nature and quantity of these off-site flows will be further evaluated in the drainage
report(s) prepared for the development of the site. The necessary improvements to
convey the flows will be determined at that time and will be incorporated into the
drainage improvements for the development.
b. Off -site features that may affect or be affected by the site
There are several off -site man -made features that impact the site. These include
Conrad's Way located along the northern boundary and Old Ranch House Road
located along the eastern boundary. The roadway improvements limit the quantity
and location of flows onto the site through the use of culverts, channels and other
drainage structures. An existing culvert conveys a portion of flows at CP OS -6
adjacent to the Conrad's Way ROW and discharges to Wash I.
c. Upstream Off -Site Watershed Discharges
The off -site watershed associated with Wash I has a contributing area of 140 -acres
and a peak discharge of 728 cfs at concentration point (CP) I. Wash II -C has a
contributing area of 17.2 -acres and a peak discharge of 120 cfs at CP OS -5, at its
discharge across the north boundary of Lot 50 and across Conrad's Way. The other
off -site watershed discharging across the north property line has a peak discharge of
95 cfs at CP OS -6, with associated contributing area of 13.2- acres.
The reported peak discharges were taken from approved studies, reports, and plans
or were calculated based on Pima County methodology in accordance with
methodology presented in Drainage Report for Saguaro Ranch by Rick Engineering,
Development Capability Report II -20
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Saguaro Ranch Specific Plan
September 30, 2003. See Exhibit 11. D. 1: Off -Site Watersheds for the watersheds and
concentration points described above.
2. On -Site Hydrology
nlnrth ParrP1 c
The north parcels have eight (8) onsite watersheds as delineated on Exhibit II.D.2:
Existing Hydrology. Watersheds 1 through 7 generally drain from the north to south.
Watershed 8 generally drains to the north and discharges to the existing low- density
residential subdivision (Dove Mountain) to the north.
This project is located in a critical basin (Tortolita Basin) as defined by the map entitled
"Critical Basins within Unincorporated Pima County ", effective March 15, 2007.
a. On -Site Regulatory Floodplains:
The north parcels are impacted by various regulatory floodplains as shown on Exhibit
11. D. 2: Existing Hydrology. Many of the on -site regulatory floodplains were studied
and delineated by Rick Engineering with the Drainage Report for Saguaro Ranch,
September 30, 2003, previously approved by Pima County. Additional analysis has
been performed to delineate regulatory floodplains to include those with a 100 -year
discharge of 50 cfs or greater, in accordance with Town of Marana requirements.
b. Areas of Sheet Flooding and Average Depths:
The north parcels are not impacted by sheet flooding. The relatively steep slopes
and mountainous terrain throughout the project and associated high runoff velocity
has encouraged runoff to form defined drainage paths.
c. Federally Mapped Floodways and Floodplains:
According to FEMA Flood Insurance Rate Map (FIRM) number 04019C1060L
(effective June 16, 2011), there are no Federally Mapped Floodways and Floodplains
on the north parcels. The entire project is located within Zone X, "areas determined to
be outside the 0.2% annual chance floodplain ". Refer to Exhibit 11. D. 2. c: FEMA FIRM
for the location of mapped floodplains within the vicinity.
d. 100 -Year Peak Discharges:
Onsite Watershed 1 generates approximately 165 cfs. Watershed 2 has a cumulative
discharge of 554 cfs at CP 2.1. Watershed 3 has a cumulative discharge of 1320 cfs
at CP II -2 (per Drainage Report for Saguaro Ranch by Rick Engineering, September
30 2003). Watershed 4 has a cumulative discharge of 181 cfs at CP 4 -1 (where it
discharges across the north parcels south boundary) and 216 cfs at CP 4 -2 at its
confluence with the Prospect Wash (per Drainage Report for Saguaro Ranch Phase 111
by Rick Engineering, May 31, 2006). Watershed 5 has a cumulative discharge of 92
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Saguaro Ranch Specific Plan
cfs at CP 5 -1 (where it discharges across the north parcels south boundary) and 137
cfs at CP 5 -2 at its confluence with the Prospect Wash (per Drainage Report for
Saguaro Ranch Phase 111 by Rick Engineering, May 31, 2006). Watershed 6 has a
cumulative discharge of 240 cfs at CP 6 -1. Watershed 7 generates approximately 45
cfs that is conveyed across the south boundary. Watershed 8, having a total area of
65.1 - acres, generates approximately 455 cfs that is conveyed across the north
boundary as unconcentrated flow.
See Exhibit 11. D. 2: Existing Hydrology.
e. Existing Conditions at Downstream Property Boundary:
Runoff from Watersheds 1 -7 and off -site runoff conveyed through those watersheds
discharges across the west, south, and east property lines. To the west is natural,
privately owned land. To the south are other portions of the Saguaro Ranch large lot
development (including Lot 50). To the east is the Tortolita Mountain Park, owned by
Pima County. Generally, flows discharge across these downstream boundaries in
natural washes or as unconcentrated flow on steep slopes that flow to the washes
further downstream.
Runoff from Watershed 8 discharges across the north boundary to the adjacent low -
density residential subdivision, primarily as unconcentrated flows. This watershed is
primarily composed of steep slopes and runoff is conveyed to the wash to the north of
this project. There are no defined flows paths or regulatory floodplains within
Watershed 8.
Lot 50 — Saguaro Ranch 11
Lot 50 has been divided into two (2) on -site watersheds as delineated on Exhibit II.D.2:
Existing Hydrology. Watersheds 9 generally drain from the east to west. Watershed 10
generally drains from west to east. There is an existing structure with associated site and
drainage improvements in the northeast corner of Lot 50, near the intersection of Old
Ranch House Road and Conrad's Way.
This project is located in a critical basin ( Tortolita Basin) as defined by the map entitled
"Critical Basins within Unincorporated Pima County ", effective March 15, 2007.
a. On -Site Regulatory Floodplains:
Lot 50 is impacted by various regulatory floodplains as shown on Exhibit II.D.2:
Existing Hydrology. The on -site regulatory floodplains associated with Wash I was
previously studied and delineated by Rick Engineering with the Drainage Report for
Saguaro Ranch, September 30, 2003, previously approved by Pima County. Wash
II -C was channelized as part of the development of the Saguaro Ranch Guest Ranch
and was delineated by Rick Engineering in the Drainage Report for Saguaro Guest
Ranch, April 2, 2004. Additional analysis has been performed to delineate regulatory
Development Capability Report II -22
Marana Regular Council Meeting 08 -04 -2015 Page 147 of 257
Saguaro Ranch Specific Plan
floodplains to include those with a 100 -year discharge of 50 cfs or greater, in
accordance with Town of Marana requirements.
b. Areas of Sheet Flooding and Average Depths:
Lot 50 is not impacted by sheet flooding. The relatively steep slopes and
mountainous terrain throughout the project and associated high runoff velocity has
encouraged runoff to form defined drainage paths.
c. Federally Mapped Floodways and Floodplains:
According to FEMA Flood Insurance Rate Map (FIRM) number 04019C1060L
(effective June 16, 2011), there are no Federally Mapped Floodways and Floodplains
on the north parcels. The entire project is located with Zone X, "areas determined to
be outside the 0.2% annual chance floodplain ". Refer to Exhibit 11. D. 2. c: FEMA FIRM
for the location of mapped floodplains within the vicinity.
d. 100 -Year Peak Discharges:
Onsite Watershed 9 generates approximately 250 cfs. The cumulative discharge at
CP I per Drainage Report for Saguaro Ranch by Rick Engineering, September 30,
2003 (including significant offsite flows) is 728 cfs. Onsite Watershed 10 generates
approximately 95 cfs, while the cumulative discharge at CP 10 -1 is 153 cfs (CP
133 +00 per Drainage Report for Saguaro Ranch by Rick Engineering, September
30 2003) .
See Exhibit 11. D. 2: Existing Hydrology.
e. Existing Conditions at Downstream Property Boundary:
Runoff from Watershed 9 discharges across the west property line of Lot 50 to
natural, privately owned land. Watershed 10 discharges to the east across Old
Ranch House Road by means of existing CMP culverts and as sheet flow across
super - elevated roadway sections. Watershed 10 also discharges to the south. In
each case Watershed 10 is discharging to other portions of the Saguaro Ranch
development in a manner consistent with the Drainage Report for Saguaro Ranch by
Rick Engineering, September 30, 2003.
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Saguaro Ranch Specific Plan
Exhibit II.D.1: Off -Site Watersheds
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IORTW_ T IL
EXHIBIT II.D.1
OFFSITE WATERSHEDS
SAGUARO RANCH
SPECIFIC PLAN
OFFS I
TL PLAK FLOWS
WATER
OP's-
[ac
afs
O S- 1
219
950
05-2
? ■B
54
C S-3
16.
CS -4
427.5
1758
CS -5
17.2
12
05-6
13.2
95
I
1 , 40
T26
w r Dr U f LJ 111 n avLx f i Uf auyuur U nV1 !4f 1
by R 1 ak Eng I near hg dated Sept. 30. 2003
LEGEND
.41 75
El WT
' -
n ! � 1. 1T oo
50 �� {?
SCALE: 1 °= 1508'
CONTOUR INTERVAL = 20'
3945 EAST FORT LOWELL ROAD - Sure 111 0' 750' 1500'
TUCSON, Az 8571 NOTE: EE ppuuCCEEpp FF �AS 520 .795.1000 lOgOGRAPHY t R J P RI O JADRANGL O�A O ANYON
P (FAX)520.322.6956
1> CONCENTRATION POINT
1 WATERSHED NAME
■ WATERSHED BOUNDARY
DATE; 12/03/2014 PAGE I W 1 I
Development Capability Report II -24
Marana Regular Council Meeting 08 -04 -2015 Page 149 of 257
Sa Ranch Specific Plan
Exhibit 111.101.2: Existing HVdroloav (Sh
N
718 8 9
i 17
ti
i0l "k
. . . . . . �A ZS
SCALE: 1 500'
, CONTOUR INTERVAL 101
v
N,
.
w . , .........
250' 500'
4 V
3
!
-.4
4
d;
3L
......
OF,
j r.
�. z V/ -. . . I
3M
t
LA
del
kk
6
ti
t.
1X P
it
4F
M... ... .......
- -, .1: * ..........
Ap
0
-:
..........
110
4%
PA
4, IMAt
1-9
EXHIBIT II.D.2
EXISTING HYDROLOGY
SAGUARO RANCH
SPECIFIC PLAN
DES I GN
PEAK FLOWS
•
•
* Per Draina Report for Sa Ranch
b R i cK En i near i M - -dated Sept • 30. 2003
- * *
Tota I DO- di schar g e or I g 1 not I ng
on-site (not at a CP)
LEGEND
❑1 WATERSHED
> CONCENTRATION POINT
WATERSHED BOUNDARY
�,. T
d!
..... .. BUILDING EROSION
4
HAZARD SETBACK
8EE SHIE 2 REGULATORY FLOOD
3945 EAST FORT LOWELL ROAD - SUITE 111 NOTE: LIMITS (EXISTING)
TUCSON, AZ 85712 FOR CONTINUITY, WASH NAMING CONVENTION IS TAKEN FROM THE
520.795.1000 DRAINAGE REPORT FOR SAGUARO RANCH (RICK FNGINFFRING• SFPT. 30, 20031
(FAX)520-322-6956 DATE: 12/03/2014 PAGE I OF 2
aet 1 of 2)
Development Capabilit Report 11-25
Marana Re Council Meetin 08-04-2015 Pa 150 of 257